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HomeMy WebLinkAboutPacket - 01/06/2020 - City CouncilThe City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA REGULAR CITY COUNCIL MEETING City Council Chambers, 333 S Green Street Monday, January 6, 2020, 7:00 p.m. 1.Call to Order. 2.Roll Call. 3.Pledge of Allegiance. 4.Swearing into Office - Alderman Ward 4 Ryan Harding 5.Public Comments: Any member of the public wishing to address the Council is invited to do so by signing in at the meeting entrance and, when recognized, stepping to the podium. Opportunities for Public Comment are also provided under each Individual Action Item. 6.Consent Agenda: Motion to Approve the Following Consent Agenda Items: A.City of McHenry Complete Streets Policy and Ordinance to support transportation access, quality of life, and economic development for the City of McHenry and its residents; B.Oakwood Drive Bridge Replacement Preliminary Engineering Services Agreement for Federal Participation with Baxter & Woodman, Inc. in an amount not to exceed $119,465 ($23,893 General Fund, $95,527 Federal Aid), the Local Agency Agreement for Federal Participation, and a City of McHenry Resolution appropriating funds for the Oakwood Drive Bridge Replacement; and, a Budget Amendment Ordinance for Phase I Engineering Services for the Oakwood Drive Bridge Replacement Project which will amend the overall contract cost from $75,000 to $119,465 and the local share from $15,000 to $23,893; C.Per the City’s Purchasing Policy, an Ordinance Amending the FY19/20 Budget, increasing Fund 100.01.5110 in the amount of $15,000 for the Boone Creek Dredging Project; D.IDOT resolution approving MFT funds in the amount of $413,120; E.Professional Services Contract for the Barreville Road Wing Wall Replacement Project to Hampton, Lenzini, and Renwick, Inc. in an amount not to exceed $60,610; F.December 16, 2019, City Council Meeting Minutes; G.Issuance of Checks in the amount of $283,816.30. 7.Individual Action Item Agenda. A.Motion to adopt an Ordinance Amending Title 1, Administration, Adding Chapter 10, Indemnity Protection and Defense for City Officers, Officials and Employees of the City of McHenry’s Municipal Code; and a motion to reimburse Mayor Wayne Jett for legal fees incurred defending the ethics complaint filed against him in in the sum of $2,745.10. 8. Discussion Items. A. Consolidation of Independence Day Fireworks to first weekend of Fiesta Days. 9. Staff Reports. 10. Mayor’s Report. 11. City Council Comments. 12. Executive Session if Needed. 13. Adjourn. The complete City Council packet is available for review online via the City website at www.ci.mchenry.il.us. For further information, please contact the Office of the City Administrator at 815-363-2108. The proceedings of the City Council meeting are being video-recorded and every attempt is made to ensure that they are posted on the City of McHenry, IL “YouTube” channel within twenty -four (24) hours of the meeting adjournment. NOTICE: In compliance with the Americans with Disabilities Act (ADA), this and all other City Council meetings are located in facilities that are physically accessible to those who have disabilities. If additional accommodations are needed , please call the Office of the City Administrator at 815-363-2108 at least 72 hours prior to any meeting so that accommodations can be made. Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive v i McHenry, Illinois 60050 Phone: (815) 363-2186 www.cityofmchenry.org1 Fax: (815) 363-2214 i w.cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: January 6, 2020 TO:Mayor and City Council FROM: Troy Strange, Director of Public Works RE:City of McHenry Complete Streets Policy ATT: Ordinance Approving the City of McHenry Complete Streets Policy City of McHenry Complete Streets Policy AGENDA ITEM SUMMARY: Public Works Staff requests City Council to consider approval of a Complete Streets Policy and Ordinance to support transportation access, quality of life, and economic development for the City of McHenry and its residents. BACKGROUND: The City of McHenry has supported the development of bicycle and pedestrian facilities for many years as is indicated many City policies and planning documents. As the City has prioritized the accommodation of all modes of transportation within the community, a Complete Streets policy is a means by which such accommodations can be standardized and implemented. Complete Streets are streets designed to allow for the safe use and access for all types of users regardless of the mode of transportation. The McHenry County Council of Mayors Surface Transportation Program has recently instituted a new scoring system for project selection which will be utilized in the call for projects which opens in January of 2020. This scoring system will include a heaving weighting for applicants having in place Complete Streets Policies. As these policies have become prevalent in the state and the metropolitan region, a community without such policies will be at a disadvantage for selection in the upcoming call for projects. The City of McHenry is dedicated to providing the citizens,businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented,efficient and fiscally responsible manner. The Chicago Metropolitan Agency for Planning (CMAP) has provided a template policy for municipal agencies to model their own policies after which was utilized by staff to prepare a policy for adoption by the City Council. ANALYSIS: Staff have reviewed the CMAP draft policy and have modified the ordinance in order to suit the available resources, existing infrastructure, and overall needs of the City of McHenry. The ordinance has additionally been reviewed by the City Attorney and modified accordingly to protect both the City of McHenry and its residents. This Complete Streets Policy is consistent with the City Comprehensive Plan, Municipal Code, Subdivision Development Ordinance, Parks and Open Space Master Plan, as well as the City Bicycle and Pathway System Plan and is therefore an affirmation of existing City policies and strategic objectives. Additionally, the approval of this policy will enhance the City's ability to secure Federal funding in the upcoming McHenry County Council of Mayors Surface Transportation Program call for projects and in future calls for projects. RECOMMENDATION: Therefore, if the City Council concurs, it is recommended that a motion be made to approve the City of McHenry Complete Streets Policy and Ordinance to support transportation access, quality of life, and economic development for the City of McHenry and its residents. The City of McHenry is dedicated to providing the citizens,businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented,efficient and fiscally responsible manner. ORDINANCE NO. An Ordinance Adopting the Complete Streets Policy Into the City of McHenry's Municipal 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; WHEREAS, safe accommodations for all users and a connected network are important needs of any transportation system; and WHEREAS, Complete Streets are defined as improvements that provide safe, connected transportation networks for pedestrians, cyclists, transit users, freight, emergency services, and motor vehicles including but not limited to bicycle facilities, streetscaping, pedestrian treatments, refuge islands, access control and lower speeds on local roads; and WHEREAS, the City recognizes the need to accommodate all modes of transportation because of the associated improvements to safety, the environment, quality of life, health, and economic development; and WHEREAS, many jurisdictions within McHenry County and the Chicago region have already adopted Complete Streets policies; and WHEREAS, by adopting a Complete Streets policy the City is helping to implement the region's ON TO 2050 Plan. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: The City adopts the Complete Streets Policy attached hereto as Exhibit A. 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. Voting Aye: Voting Nay: Complete Streets Policy, Page 1 Absent: Abstain: APPROVED: Mayor Wayne Jett SEAL) ATTEST: City Clerk Trisha Ramel Passed: Approved: Z:\M\N4cHenryCityof\Ordinances\StreetsComplete.docx Complete Streets Policy, Page 2 CERTIFICATION I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry,held on the day of 2020, the foregoing Ordinance entitled An Ordinance Adopting the Complete Streets Policy Into the City of McHenry's Municipal Code, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of 2020,and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of 2020. Trisha Ramel, Clerk City of McHenry, McHenry County, Illinois SEAL) Complete Streets Policy, Page 3 CITY OF McHENRY Complete Streets Policy January 6, 2020 I.VISION Complete Streets provides significant health, safety, environmental, economic, and social benefits. By accommodating all users of our transportation system,including pedestrians,cyclists,transit users,freight trucks,and single-occupancy vehicles,the City can capitalize on the numerous other benefits of Complete Streets. The City supports the creation of amenities that enhance the quality of life of residents and improve the physical and social environment in ways that attract businesses and workers.The purpose of this policy is to, first and foremost, ensure that all users of the transportation system Complete Street are accommodated. This policy directs the w City to develop and maintain a safe and equitable transportation system that anyone can access, utilize,and enjoy.This policy shall be observed when planning, designing, constructing, and operating City streets. Cross-section of a Complete Street. The street accommodates bus riders, Goals cyclists,pedestrians,and motor vehicles. Enhance roadway safety for pedestrians, bicyclists, and motor vehicles Provide a variety of choices for active, non-motorized transportation to routine destinations Increase the capacity and efficiency of the transportation network, reduce traffic congestion,and improve air quality by improving mobility options To create a comprehensive, integrated, and connected transportation network To recognize the need for flexibility to accommodate different types of streets and users Promote environmental benefits such as preserving the natural environment and reducing greenhouse gas emissions Improve the local economy by creating quality of life resources for the City residents and promoting sustainable development Improve health and physical fitness among residents Create aesthetically beautiful and physically pleasant streets for all modes To ensure that the Complete Streets design solutions fit within the context(s) of the community II.DIVERSE USERS The City shall ensure that the safety and convenience of all users of the transportation system are accommodated,including pedestrians, bicyclists,transit riders, people of all ages and abilities, motorists, emergency responders,freight providers, and adjacent land users.Vulnerable users in particular will be prioritized.Those with disabilities and senior citizens shall be given extra consideration in the design and planning processes. When there are conflicting needs among users and modes,the following prioritization will apply: A. Above all, safety is paramount,followed by mobility B. Among modes, pedestrians shall come first citywide C. Seek balance among all modes involved It is recognized that all modes cannot receive the same type of accommodation and space on every street, but the overall goal is that everyone —young, old, and of varying ability— can safely and conveniently travel across the network using whatever mode they choose. III. PROJECTS AND PHASES The City shall approach every transportation project phase as an opportunity to create safer, more accessible streets for all users. These phases include, but are not limited to: planning, programming, design, right-of-way acquisition, construction, construction engineering, reconstruction, operation and maintenance. Other changes to transportation facilities on streets and rights-of-way, including capital improvements, re-channelization projects and major maintenance, must also be included. IV. EXEMPTIONS There may be a number of reasons why implementation is not feasible. The following are considered reasonable exemptions from policy implementation: The cost of providing full accommodation would be excessively disproportionate to the need or probability of use, now or in the future; Accommodation is not practically feasible because of severe topographic constraints or significant adverse impacts to the natural environment, historic or cultural resources, or neighboring land uses; The project is under construction or in the final design stages at the time of the adoption of this Policy w..•. qw —"T • A reasonable and equivalent alternative already exists for certain users or is programmed as a separate project IOU APE C*1 The existing and planned population, employment Currie Street densities, traffic volumes, or level of transit service around a particular roadway, as documented by the [appropriate Hindley Street 2— plan/s], is so low as a to demonstrate an absence of current Adelaide Railway Station 4 M1 and future need Adelaide Oval 10— The Public Works Director or his designee issues a Rundle Mall 5—,documented exemption concluding that the application of Complete Streets principles is unnecessary, unduly cost prohibitive, or inappropriate because it would be contrary to public safety When projects are exempted from the Policy, a greater effort Wayfinding is an essential part of Complete shall be made to accommodate affected users elsewhere, Streets.including on adjacent streets and on streets that intersect with the street or facility. V. NETWORK This Policy shall result in a comprehensive, integrated, and connected transportation network for all modes.This ensures that the needs of all users are met, regardless of mode. VI. JURISDICTIONS This Policy shall apply to all city(or village) owned transportation facilities in the public right-of-way including but not limited to: streets, sidewalks, alleys, bridges,trails, parking lots, and all other connecting pathways. Looking to the future,the City shall also foster partnerships with other agencies that further the City's vision of a connected, integrated transportation network that reaches beyond city borders. Partners should include but not be limited to: Illinois Department of Transportation McHenry County Division of Transportation Township Highway Departments School Districts Local businesses Private developers Neighboring communities VII. DESIGN GUIDANCE& FLEXIBILITY The City shall consider the latest design standards available, including but not limited to: existing design guidance from the American Association of State Highway Officials (AASHTO), state Departments of Transportation, the Institute of Transportation Engineers (ITE), the National Association of City Transportation Officials NACTO), the Americans with Disabilities Act ADA), and the Public Right-of-Way Accessibility r Guidelines (PROWAG). The City shall maximize design flexibility and innovation for balanced user and modal needs in our community. This includes a shift toward designing at the human scale for the needs and comfort of pedestrians. Design criteria shall be at the discretion of the City and shall not be purely prescriptive but shall be based on the thoughtful application of engineering, architectural, urban and rural design principles. VIII. LAND USE&CONTEXT SENSITIVITY The City shall implement Complete Streets solutions in a manner that is sensitive to the local context and character, aligns transportation and land use goals recorded in the City Comprehensive Plan, and recognizes that the needs of users may vary by case, community or corridor. IX. PROJECT SELECTION CRITERIA The City shall consider accepted or adopted design standards, including but not limited to,existing design guidance from: Active Transportation Alliance (ATA) State Department of Transportation Americans with Disabilities Act (ADA) Public Right-of-Way Accessibility Guidance (PROWAG) American Association of State Highway and Transportation Officials o Guide for Planning, Design, and Operation of Pedestrian Facilities o Guide for the Development of Bicycle Facilities National Association of City Transportation Officials—Urban Bikeway Design Guide The Access Board—Pedestrian Rights-of-Way Accessibility Guidelines X.IMPLEMENTATION The City shall view Complete Streets as integral to everyday transportation decision-making practices and processes.Toward this end,this policy shall be implemented through the following directives: 1) Revisions. The City and other relevant department, agencies, or committees will incorporate Complete Streets principles into all new projects and improvements. It will consider this policy when designing new roads or facilities. 2) Inventory. The City will maintain a comprehensive inventory of the pedestrian and bicycling infrastructure and will prioritize projects to eliminate gaps in these networks. 3) Funding. City staff will actively seek sources of funding to implement Complete Streets. 4) Coordination. The City shall continue to utilize inter-departmental project coordination to promote the better use of fiscal resources for activities that occur within the public right-of-way. 5) Education. Every Complete Streets project shall include an educational component to ensure that all users understand and can safely utilize the Complete Street. The implementation of Complete Streets shall begin -1 through the consideration of the following identified projects and initiatives that will be considered starting points: 1) Incorporate Policy into the City Comprehensive Plan (if applicable) 2) Work on connection to and between trails, including improved signage Separated bike facilities ensure safety for drivers and 3) Seek funding support through all Federal, State, cyclists,like this bike lane above. and local sources 4) Ensure that all bridge projects include sufficient pedestrian and bicycle accommodations where economically feasible 5) Ensure consistency in street projects to create broader community benefits 6) Preserve and further maximize on-street parking for both convenience and commerce 7) Build intersections right the first time,with a vision for the present and future,and correct existing issues whenever possible 8) Work with the School District to develop a Safe Routes to School program where economically feasible. Department of Public Works Troy Strange, Director of Public Works ti 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 McHenr ) www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: January 6, 2020 TO:Mayor and City Council FROM: Troy Strange, Director of Public Works RE:Oakwood Drive Bridge Phase I Engineering Agreements ATT: 1. IDOT's Preliminary Engineering Services Agreement for Federal Participation 2. IDOT's Local Agency Agreement for Federal Participation 3. Resolution appropriating Local Funding Match 4. Budget Amendment Ordinance AGENDA ITEM SUMMARY: Staff requests City Council to consider approval of a Professional Engineering Services Agreement for Federal Participation, Local Agency Agreement for Federal Participation, and a Resolution appropriating local fund match for the Oakwood Drive Bridge Replacement Project. Staff further requests City Council to consider approval of a budget amendment ordinance for Phase I Engineering Services for the Oakwood Drive Bridge Replacement Project which will amend the overall contract cost from $75,000 to $119,465 and the local share from $15,000 to $23,893. BACKGROUND: The Oakwood Drive Culvert is in need of replacement or major repair. The existing layout is a series of five corrugated steel culverts with a total span of approximately 50'. As the total span of the creek crossing is in excess of 20 feet the culvert is classified as a bridge in the State inventory of structures and is subject to bi-annual inspection. In the most recent round of bi- annual inspections performed by HR Green, Inc. it was recommended that the culvert be budgeted to be replaced as soon as is possible. 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 early 2019 staff began the consultant selection process for Phase I Engineering services, selected the qualified consultant, negotiated a scope and fee for service and submitted a Draft Phase I Engineering Services Agreement to IDOT Local Roads for review and approval prior to being able to award the contact at a City Council meeting. Due to delays in federal agreement processing, staff did not receive a reviewed draft agreement until November of 2019 which has delayed startup for the project to this point. 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. Phase I Engineering is anticipated to be begin in early 2020 and will completed early 2021. Upon completion of Phase Engineering and securing of design approval, the City will be able to begin Phase II Engineering and plan production which will need to be completed prior to the ultimate construction of the improvements. ANALYSIS: City Staff selected Baxter & Woodman, Inc. through the Quality Based Selection (QBS) Process which is mandated by IDOT and the FHWA for consultant selection on all federally funded projects. Staff have 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. IDOT Local Roads has reviewed and approved the draft Phase I Agreement and has recommended the agreement for execution by the City. The scope of work includes all necessary work to complete a full Phase I Engineering scope of services and to secure final approval of the project development report and FHWA design approval. RECOMMENDATION: Therefore, if City Council concurs, it is recommended to approve the attached: Oakwood Drive Bridge Replacement Preliminary Engineering Services Agreement for Federal Participation with Baxter & Woodman, Inc. in an amount not to exceed $119,465.00 ($23,893 General Fund, 95,527 Federal Aid), the Local Agency Agreement for Federal Participation, and a City of McHenry Resolution appropriating funds for the Oakwood Drive Bridge Replacement. It is further recommended, if Council concurs, to approve a budget amendment ordinance for Phase I Engineering Services for the Oakwood Drive Bridge Replacement Project which will amend the overall contract cost from $75,000 to $119,465 and the local share from $15,000 to 23,893. Local Public Agency Consultant City of McHenry L Illinois Department Baxter&Woodman, Inc. p of Transportation C County C O Address McHenry A N 8678 Ridaefield Road Section L S City 18-00086-00-BR lJ [ystal Lake Project No. A Preliminary Engineering L State 3FTU 794 A Services Agreement T IL Job No. For Zip Code P-91-059-19 E Federal Participation A 600'l2 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Troy Strange C T Dan Schug, P.E. 815.363.2186 Y 815.444.4454 tstrange@cityofmchenry.org dschug@baxterwoodman.com THIS AGREEMENT is made and entered into this 6th day of January 2020 between the above Local Public Agency(LPA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LPA by the state of Illinois under the general supervision of the Illinois Department of Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Nam Oakwood Drive Route MUN 2018 Length 0.10 mi Structure No. 056-6600 Termini Over Boone Creek, Description Phase I f(Preliminary Engineering)for structure rehabilitation/replacement of the Oakwood Drive culverts over Boone Creek. The Phase I includes evaluation of the existing structure,environmental review, preliminary design, and agency coordination. Engineers project number 190202.30. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LPA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LPA or STATE. 3. To complete the services herein described within 365 calendar days from the date of the Notice to Proceed from the LPA,excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes,and local laws or ordinances of the LPA. Page 1 of 8 BLR 05610(Rev. 11/09/17) Printed on 3/15/2019 8:48:57 AM 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm, organization or person(other than a bona fide employee working solely for me or the above ENGINEER)any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred,suspended, proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public Federal, State or local)transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(e)and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal, State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 11. To submit all invoices to the LPA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project(Exhibit B). 13. Scope of Services to be provided by the ENGINEER: Make such detailed surveys as are necessary for the planning and design of the PROJECT. Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. Prepare applications for U.S.Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. Design and/or approve cofferdams and superstructure shop drawings. Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). Prepare the necessary environmental and planning documents including the Project Development Report or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. Prepare preliminary roadway and drainage structure plans and meet with representatives of the LPA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. Complete the general and detailed plans,special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. Furnish the LPA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 8 BLR 05610(Rev. 11/09/17) Printed on 3/15/2019 8:48:57 AM II. THE LPA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee CPFF= 14.5%[DL+ R(DL)+OH(DL)+IHDC], or CPFF= 14.5%[DL+ R(DL)+ 1.4(DL)+ IHDC], or CPFF= 14.5%[(2.3+ R)DL+IHDC] Where: DL= Direct Labor IHDC= In House Direct Costs OH =Consultant Firm's Actual Overhead Factor R=Complexity Factor Specific Rate Pay per element) Lump Sum 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: With Retainage a) For the first 50%of completed work, and 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 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the 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 STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). 5. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Local Government Professional Services Selection Act 50 ILCS 510,the Brooks Act 40USC 11, and Procurement, Management, and Administration of Engineering and Design related Services(23 CFR part 172). Exhibit C is required to be completed with this agreement. III. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LPA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches,charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request,to the LPA or to the STATE, without restriction or limitation as to their use. Page 3 of 8 BLR 05610(Rev. 11/09/17) Printed on 3/15/2019 8:48:57 AM 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LPA and the STATE before final acceptance. During the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LPA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA,the STATE, and their officers,agents and employees from all suits, claims,actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the 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 to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years. For the purpose of this certification, "grantee"or"contractor"means a corporation, partnership or other entity with twenty-five(25)or more employees at the time of issuing the grant, or a department,division or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: 1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. 2) Specifying the actions that will be taken against employees for violations of such prohibition. 3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: a) abide by the terms of the statement; and b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: 1) The dangers of drug abuse in the workplace; 2) The grantee's or contractor's policy of maintaining a drug free workplace; 3) Any available drug counseling, rehabilitation and employee assistance program; and 4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten(10)days after receiving notice under part(B)of paragraph(3)of subsection (a)above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 8 BLR 05610(Rev. 11/09/17) Printed on 3/15/2019 8:48:57 AM 10. The ENGINEER or subconsultant shall not discriminate on the basis of race,color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 11. When the ENGINEER is requested to complete work outside the scope of the original AGREEMENT,a supplemental AGREEMENT will be required. Supplements will also be required for the addition or removal of subconsultants,direct costs,the use of previously unspecified staff, and other material changes to the original AGREEMENT. Agreement Summary Prime Consultant:TIN Number Agreement Amount Baxter&Woodman, Inc. 36-2845242 109,928.76 Sub-Consultants:TIN Number Agreement Amount Soil and Material Consultants, Inc. 36-3094075 9,536.00 Sub-Consultant Total: $9,536.00 Prime Consultant Total: $109,928.76 Total for all Work: $119,464.76 Executed by the LPA: City of McHenry M unicipality/Township/County) ATTEST: By: By: City Clerk Title: Mayor SEAL) Executed by the ENGINEER: ATTEST: Baxter&Woodman, Inc. 8678 Ridgefield Road Crystal Lake, IL 60012 By. n By.D Title: Deputy Secretary Title: Executive Vice President/COO Page 5 of 8 BLR 05610(Rev. 11/09/17) Printed on 3/15/2019 8:48:57 AM Exhibit A PAYROLL ESCALATION TABLE FIXED RAISES FIRM NAME Baxter&Woodman,Inc. DATE 03/15/19 PRIME/SUPPLEMENT PRIME PTB NO. N/A CONTRACT TERM 12 MONTHS OVERHEAD RATE 144.71% START DATE 8/1/2019 COMPLEXITY FACTOR RAISE DATE 1/1/2020 OF RAISE 3.00% ESCALATION PER YEAR 8/1/2019 - 1/1/2020 1/2/2020 - 8/1/2020 5 7 12 12 41.67% 60.08% 1.0175 The total escalation for this project would be: 1.75% Bureau of Design and Environment I:\Crystal Lake\MCHEC\190202-Oakwood Dr Bridge Ph I\Contracts\Work\02_Oakwood Dr Phase I_CECS_BLR05610 Printed 3/15/2019 9:27 AM Exhibit A Subconsultants FIRM NAME Baxter&Woodman, Inc. DATE 03/15/19 PRIME/SUPPLEMENT PRIME PSB NO. N/A NAME Direct Labor Total Contribution to Prime Consultant 0.00 Soils and Materials Consultants, Inc. 9,536.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 0.00 9,536.00 I:\Crystal Lake\MCHEC\190202-Oakwood Dr Bridge Ph I\Contracts\Work\02_Oakwood Dr Phase I_CECS_BLR05610 PRELIMINARY ENGINEERING Oakwood Drive Over Boone Creek Structure Rehabilitation/Replacement Exhibit A Route: Oakwood Drive Over Boone Creek Firm's approved rates on file with Local Agency: City of McHenry Bureau of Accounting and Auditing: Municipality) Section:Overhead Rate 144.71% Project:Complexity Factor 0.00 Job No.: Calendar Method of Compensation: Cost Plus Fixed Fee 1 14.5%[DL+R(DL)+OH(DL)+IHDC] Cost Plus Fixed Fee 2 14.5%[DL+R(DL)+1.4(DL)+ IHDC] Cost Plus Fixed Fee 3 14.5%[(2.3+R)DL+IHDC] Specific Rate Lump Sum Cost Estimate of Consultant's Services in Dollars SERVICES IN-HOUSE ELEMENT OF WORK EMPLOYEE MANHOURS PAYROLL PAYROLL OVERHEAD BY DIRECT PROFIT TOTAL CLASS.RATE COSTS(DL) OTHERS COSTS Project Initiation and Data Collection 32 1,283.47 1,857.32 393.00 512.40 4,046.19 Topographic Survey 96 4,444.97 6,432.31 260.00 1,614.91 12,752.19 Traffic Analysis 10 336.43 486.84 144.00 140.251 1,107.52 Alternative Analysis 138 7,563.79 10,945.56 2,683.861 21,193.21 Preliminary Design 112 5,027.18 7,274.84 94.00 1,797.42 14,193.44 Hydraulic Report See 194 See 7,150.30 10,347.20 2,537.14 20,034.63 Environmental Coordination and-Permitting Payroll 68 Payroll 3,070.94 4,443.95 1,089.66 8,604.55 Preliminary Environmental Site Assessment Rates 16 Rates 623.48 902.24 221.23 1,746.96 Meeting and Public Involvement 68 3,342.16 4,836.44 296.96 1,228.96 9,704.52 Project Development Report 68 2,591.39 3,750.00 94.00 933.13 7,368.52 Geotechnical Report 14 683.88 989.65 9,536.00 242.66 11,452.19 QC/QA 16 939.76 1,359.93 333.46 2,633.15 Manage Project 32 1,651.61 2,390.04 586.04 4,627.69 TOTALS 864 4-38,709.361 56,016.32 9,536.00 1,281.96 13,921.12 119,464.76 IN-HOUSE DIRECT COSTS(INCLUDED IN TOTAL COST): SERVICES BY OTHERS(INCLUDED IN TOTAL COST): VEHICLE EXPENSES-TRAVEL,512 MI @$0.58/MILE 296.96 Soil and Material Consultants,Inc.=$9,536.00 POSTAGE 188.00 SURVEY VAN DAILY USAGE 260.00 FEMA Model 393.00 MIOVISION TRAFFIC COUNT 144.00 I:\Crystal Lake\MCHEC\190202-Oakwood Dr Bridge Ph I\Contracts\Work\02_Oakwood Dr Phase I_CECS_BLRO5610 Printed 3/15/2019 9:27 AM Exhibit A-Preliminary Engineering AVERAGE HOURLY PROJECT RATES FIRM Baxter&Woodman,Inc. PSB N/A DATE 03/15/19 PRIME/SUPPLEMENT PRIME SHEET 1 OF 3 Project Initiation and Data Topographic Survey Traffic Analysis Alternative Analysis Preliminary DesignPAYROLLAVGTOTALPROJECTRATESCollection HOURLY Hours Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Principal 70.00 0 Sr. Engineer IV 64.81 154 17.82% 11.55 84 60.87% 39.45 32 28.57% 18.52 Sr. Engineer III 52.66 8 0.93% 0.49 Sr. Engineer II 47.21 178 20.60% 9.73 12 37.50% 17.70 2 20.00% 9.44 24 17.39% 8.21 24 21.43% 10.12 Sr. Engineer 1 42.10 16 1.85% 0.78 8 25.00% 10.53 Engineer III 34.52 160 18.52% 6.39 4 12.50% 4.32 Engineer II 30.25 122 14.12% 4.27 8 25.00% 7.56 8 80.00% 24.20 20 14.49% 4.38 40 35.71% 10.80 Engineer 1 28.68 0 Sr Geologist 1 52.30 8 0.93% 0.48 Engineer Tech V 50.63 60 6.94% 3.52 20 20.83% 10.55 Engineer Tech IV 47.04 60 6.94% 3.27 60 62.50% 29.40 Engineer Tech III 38.13 98 11.34% 4.32 16 16.67% 6.35 10 7.25% 2.76 16 14.29% 5.45 Engineer Tech II 32.26 0 Engineer Tech 1 19.15 0 Admin Support III 30.53 0 Admin Support II 27.27 0 Admin Support 1 19.03 0 0 0 0 0 0 0 0 0 0 0 TOTALS 864 1 100% 1 $44.80 32 100.00% $40.11 96 100% $46.30 10 1 100% $33.64 138 1 100% 1$54.81 112 100% $44.89 I:\Crystal Lake\MCH EC\1 90202-Oakwood Dr Bridge Ph I\Contracts\Work\02_Oakwood Dr Phase I_CECS_BLRO5610 Printed 3/15/2019 9:27 AM Exhibit A-Preliminary Engineering AVERAGE HOURLY PROJECT RATES FIRM Baxter&Woodman, Inc. PSB N/A DATE 03/15/19 PRIME/SUPPLEMENT PRIME SHEET 2 OF 3 Environmental Coordination Preliminary Environmental Meeting and PublicHydraulicReport and Permitting Site Assessment Involvement Project Development Report Geotechnical Report 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 Principal 70.00 Sr. Engineer IV 64.81 16 23.53% 15.25 2 2.94% 1.91 4 28.57% 18.52 Sr. Engineer III 52.66 Sr. Engineer II 47.21 30 1 15.46% 7.30 8 11.76% 5.55 32 47.06% 22.22 20 29.41% 13.89 2 14.29% 6.74 Sr. Engineer 1 42.10 8 11.76% 4.95 Engineer III 34.52 144 74.23% 25.63 12 75.00% 25.89 Engineer II 30.25 12 17.65% 5.34 1 30 44.12% 13.35 4 28.57% 8.64 Engineer 1 28.68 Sr Geologist 1 52.30 4 25.00% 13.07 1 4 28.57% 14.94 Engineer Tech V 50.63 40 58.82% 29.78 Engineer Tech IV 47.04 Engineer Tech 111 38.13 20 10.31% 3.93 8 11.76% 4.49 12 17.65% 6.73 16 23.53% 8.97 Engineer Tech 11 32.26 Engineer Tech 1 19.15 Admin Support 111 30.53 Admin Support 11 27.27 Admin Support 1 19.03 TOTALS 194 100% 1$36.861 68 100% $45.16 16 1 100% 1$38.971 68 1 100% $49.15 68 100% $38.11 1 1 1 100% $48.85 I:\Crystal Lake\MCHEC\190202-Oakwood Dr Bridge Ph I\Contracts\Work\02_Oakwood Dr Phase I_CECS_BLRO5610 Printed 3/15/2019 9:27 AM Exhibit A-Preliminary Engineering AVERAGE HOURLY PROJECT RATES FIRM Baxter&Woodman, Inc. PSB N/A DATE 03/15/19 PRIME/SUPPLEMENT PRIME SHEET 3 OF 3 PAYROLL AVG QC/QA Manage Project REF! REF! HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Principal 70.00 Sr. Engineer IV 64.81 8 50.00% 32.41 8 25.00% 16.20 Sr. Engineer III 52.66 8 50.00% 26.33 Sr. Engineer II 47.21 24 75.00% 35.41 Sr. Engineer 1 42.10 Engineer III 34.52 Engineer II 30.25 Engineer 1 28.68 Sr Geologist 1 52.30 Engineer Tech V 50.63 Engineer Tech IV 47.04 Engineer Tech III 38.13 Engineer Tech II 32.26 Engineer Tech 1 19.15 Admin Support 111 30.53 Admin Support 11 27.27 Admin Support 1 19.03 rTOTALS16100% $58.74 32 100% $51.61 0 0% $0.00 0 0% $0.00 0 0% $0.00 0 0% $0.00 I:\Crystal Lake\MCHEC\190202-Oakwood Dr Bridge Ph I\Contracts\Work\02_Oakwood Dr Phase I_CECS_BLRO5610 Printed 3/15/2019 9:27 AM Exhibit A- Preliminary Engineering PAYROLL RATES FIRM NAME Baxter&Woodman, Inc,DATE 03/15/19 PRIME/SUPPLEMENT PRIME PSB NO. N/A ESCALATION FACTOR 1.75% CLASSIFICATION CURRENT RATE CALCULATED RATE Principal 73.99 70.00 Sr. Engineer IV 63.70 64.81 Sr. Engineer III 51.75 52.66 Sr. Engineer II 46.40 47.21 Sr. Engineer 1 41.38 42.10 Engineer III 33.93 34.52 Engineer II 29.73 30.25 Engineer 1 28.19 28.68 Sr Geologist 1 51.40 52.30 Engineer Tech V 49.76 50.63 Engineer Tech IV 46.23 47.04 Engineer Tech III 37.47 38.13 Engineer Tech II 31.71 32.26 Engineer Tech 1 18.82 19.15 Admin Support III 30.00 30.53 Admin Support II 26.80 27.27 Admin Support 1 18.70 19.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I:\Crystal Lake\MCHEC\190202-Oakwood Dr Bridge Ph I\Contracts\Work\02_Oakwood Dr Phase I CECS BLRO5610 Printed 3/15/2019 927 AM Exhibit B Illinois Department of Transportation Engineering Payment Report Submit with Final Invoice ) Prime Consultant Name Baxter&Woodman, Inc Address 8678 Ridgefield Rd Telephone 815.459.1260 TIN Number 36-2845242 Project Information Local Agency City of McHenry Section Number Project Number Job Number This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Sub-Consultant Name TIN Number Actual Payment from Prime Soil and Material Consultants, Inc. 36-3094075 9,536.00 Sub-Consultant Total:9,536.00 Prime Consultant Total: 109,928.76 Total for all Work 119,464.76 Completed: Executive Vice President/COO Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. For information about IDOTs collection and use of confidential information review the department's Identity Protection Policy. Page 7 of 8 BLR 05610(Rev. 11/09/17) Printed on 3/15/2019 8:48:57 AM Exhibit C Federal Qualification Based Selection (QBS) Checklist Local Public Agency City of McHenry Section Number 18-00086-00-BR Project Number 3FTU(794) Job Number P-91-059-19 The LPA must complete Exhibit C, if federal funds are used for this engineering agreement and the value will exceed$40,000. The LPA must follow federal small purchase procedures, if federal funds are used and the engineering agreement has a value less than $40,000. Form Not Applicable(engineering services less than $40,000) 1. Do the written QBS policies and procedures discuss the initial administration (procurement, management, and administration) concerning engineering and design related consultant services? ®Yes No 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? ® Yes No If no, IDOT's approval date: 3. Was the scope of services for this project clearly defined? ®Yes No 4. Was public notice given for this project? ®Yes No Due date of submittal: 02/15/2019 Method(s) used for advertisement and dates of advertisement: City Website, Newspaper Advertisement, existing contact list of firms 5. Do the written QBS policies and procedures cover conflicts of interest? ®Yes No 6. Do the written QBS policies and procedures use covered methods of verification for suspension and debarment? Yes No 7.Do the written QBS policies and procedures discuss the method of evaluation? ®Yes No Criteria for this project Weighting Criteria for this project Weighting Technical Approach 20 %Work Load Capacity 10% Firm & Key Personnel Experience 20 %Past Performance similar scope 30% Specialized Expertise 10 % Staff Capabilities (Prime/Sub)10% 8.Do the written QBS policies and procedures discuss the method of selection? ®Yes No Selection committee (titles)for this project: Project Engineer, Street Superintendent, Utility Superintendent Top three consultants selected for this project in order: 1) Baxter&Woodman. Inc. 2) Engineering Resource Associates, Inc. 3) HR Green, Inc. If less than 3 responses were received, IDOT's approval date: 9. Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? Yes No 10. Were negotiations for this project performed in accordance with federal requirements? ®Yes No 11. Were acceptable costs for this project verified? Yes No LPA will rely on IDOT review and approval of costs. 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? ®Yes No 13. Do the written QBS policies and procedures cover ongoing and finalizing administration of the project (monitoring, evaluation, closing-out a contract, record retention, responsibility, remedies to violations or breaches to a contract, and resolution of disputes)? ® Yes No Page 8 of 8 BLR 05610(Rev.05/31/19) Printed on 11/19/2019 10:04:19 AM Consultant:Baxter&Woodman Route:Oakwood Drive over Boone Creek Local Public Agency:City of McHenry Ex.Structure No.:056-6600 OAKWOOD DRIVE OVER BOONE CREEK STRUCTURE REHABILITATION/REPLACEMENT PHASE I ENGINEERING SERVICES CITY OF McHENRY EXHIBIT D SCOPE OF SERVICES LOCATION: This project is located on Oakwood Drive within the City of McHenry. The Oakwood Road structure over Boone Creek(S.N.056-6600) is located 250 feet 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 is anticipated. The urban cross section roadway carries an average daily traffic of 1750. The cross section include sidewalk along both sides of the road at the structure. This project involves Phase I Engineering and Environmental Studies for the structure replacement. The preliminary design consists of determining structure type,waterway opening,geometric deficiencies,and cost for the project. Proposed R.O.W. is not anticipated. Up to three alternatives for replacement will be developed and analyzed. Proposed side slopes and/or the use of retaining walls will be reviewed to provide stable slopes and optimize the structure footprint. A hydraulic analysis will be completed for existing and proposed structure. The hydraulic analysis will be utilized to recommend new structure opening geometry and for completion of the Waterway Information table. Type, Size, and Location (TS&L) drawing(s) will be completed. Coordination with local agencies, including IDOT, the U.S. Army Corps of Engineers (ACOE), and the City of McHenry (LPA)will be ongoing throughout the project. The project will utilize federal funding and be processed through the IDOT District 1 Bureau of Local Roads and Streets. It is anticipated that this project will be processed as a Federal Approved Categorical Exclusion. SCOPE OF SERVICES: 1. PROJECT INITIATION AND DATA COLLECTION Data Collection: Obtain, review and evaluate the following information provided by the LPA for use in design: O Utility Atlases o Existing Roadway and Structure Plans with Inspection Reports o GIS Shape files surrounding the project limits O Aerial Photography 1 - OAKWOOD DRIVE OVER BOONE CREEK CITY OF MCHENRY o Maintenance and flooding records O Crash Data (5 years) O ROW, GIS and property data O FEMA Flood Insurance Rate Study(FIS) data O Effective hydraulic modeling of Boone Creek(FEMA Data Request) FEMA Data Request processing fees, are excluded from the fee presented below. FEMA Data Request processing fees are anticipated to be$393. 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. Traffic Counts: Utilize Miovision traffic counting technology to obtain 24-hour Average Daily Traffic counts at the following locations: Oakwood Drive. Volumes,vehicle classification, and bike and pedestrian counts will be provided at one hour intervals. Field evaluation: Collect and record all necessary field data for structural, roadway, drainage, utility, and pavement analysis. Observe and photograph the project area and immediate surroundings. Utility Coordination: Contact J.U.L.I.E. to identify utilities that have facilities along the project limits. Request utility atlas maps and plot locations and sizes of existing utilities in electronic drawings. 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 requested by the LA. 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. 2. TOPOGRAPHIC SURVEY Topographic Survey: Perform topographic survey within the project limits and at 50-foot intervals including driveways and cross streets.The limits of the survey will be 250 feet north and 350 feet south of the structure and will include 50 feet along adjacent side streets to anticipate potential profile changes (650-feet total). Cross section width shall be taken 25' feet outside the existing right-of-way. State plane coordinates and NAVD 88 will be used for horizontal and vertical controls. Outside the anticipated right-of-way, County contours shall be utilized for approximating compensatory storage, detention, borrow excavation, and mass grading design elevations. Supplemental Survey will be provided during Phase II once these off-site locations are identified. Stream Survey: Perform stream survey per the [DOT Drainage Manual for hydraulic modeling purposes at center of channel and 100, 250,500 and 1,000 feet upstream and downstream of the Oakwood Drive crossing Boone Creek. 2 - OAKWOOD DRIVE OVER BOONE CREEK CITY OF MCHENRY Low Opening Survey: Survey up to eight (8) lowest opening elevation of homes within the regulatory floodplain limits. The homes will be selected with input from City staff. Terrain Model: Download and develop digital terrain model for use in design and plan preparation. Photos:Collect photographs along the project route to assist with design drawings and exhibits. Structures:Collect drainage structure condition, inverts,size,and flow direction. Right of Way: Field-locate existing property corners and utilize available tax parcel information to establish an approximate right-of-way. No additional right-of-way or easements are anticipated. Work to complete Plat of Easement or Plat of Dedication is not included. 3. TRAFFIC ANALYSIS Traffic Forecasting: Based on traffic data collected, develop projected 2040 traffic volumes for Oakwood Drive per FHWA guidelines. Coordinate with the LPA and Chicago Metropolitan Agency for Planning(CMAP)for concurrence on 2040 traffic projections. Traffic Simulation:Simulations for Public Involvement will not be included at this time. Accident Analysis: Obtain accident data from IDOT and the County and compile for review. Complete an accident diagram for the road segment in the last 5 years and summarize findings. Complete an accident analysis to evaluate the frequency, severity, and recommended countermeasures. 4. ALTERNATIVE ANALYSIS Structure Type Study: Determine the preferred structure type, opening and end treatments for various small structures. Summarize alternatives, considerations, and recommendations to the LPA for review and approval. Anticipated structure type is a box culvert. Three (3) sizes will be evaluated in conjunction with the Hydraulic Report. Bridge Condition Report: Field evaluation: Perform a field evaluation of the existing structure's condition. Estimate quantities of repair. Perform field measurements of critical elements to supplement existing plans. Collect and record other field data for structural analysis. Prepare a Bridge Condition Report in accordance with IDOT guidelines. Describe the physical condition of the existing bridge, construction/repair history, and field inspection and evaluation results. Address all known significant structural,geometric,and hydraulic deficiencies associated with the structure. Develop and document a proposed scope of work for the structure. Evaluate potential scope of work alternatives. Determine the most cost-effective alternative for restoring the bridge to a structurally adequate and functionally serviceable condition. Present recommendations to the LPA and IDOT for review and approval. Pedestrian/Trail Access Evaluations: Evaluate pedestrian accommodations across the bridge including width of sidewalk and railing type. 3 - OAKWOOD DRIVE OVER BOONE CREEK CITY OF McHENRY Trail Alignment: Evaluate the need for a crosswalk for a future trail along Boone Creek according to the City's Trail Plan. 5. PRELIMINARY DESIGN Preferred Alternative Geometric Design: Develop the preferred improvement plan, profile, and cross sections throughout the project. Identify design constraints including clear zone, obstructions, drainage limitations, and potential design exceptions. Include development of the following items in the preferred improvement: o Potential crosswalk location o Park impacts o Maintenance of Traffic o Driveways and adjacent intersections o Structure layout o Drainage facilities Plan and Profile: Identify design constraints including clear zone, obstructions, drainage limitations, and potential design exceptions. Plan and profile sheets will include improvement limits, stations and offset callouts,define paving limits, label construction limit locations and right of way breaks, utility adjustments,guardrail locations, and wetland locations and impacts. Typical Sections: Prepare typical sections for the existing and proposed improvements, showing dimensions for roadway surfaces, bases, subbases, subgrade treatments, curb and gutters, sidewalks, parkway slopes,and right of way. Conceptual Barrier Warrant Investigation: Conceptually lay out the limits of required guardrail, and other roadside barrier. The limits will be used to assist with impacts to adjacent properties, floodplain fill, structure types, and cost estimating. Final barrier warrant analysis will be completed during Phase II. Estimate of Cost and Schedule: Develop preliminary cost estimates for the preferred improvement and anticipated schedule for construction. Cross Section Design: Design roadway cross sections at 50-foot intervals and all cross streets, driveways,and cross-road culverts. Preliminary Structure Design: Prepare TS&L drawing(s) according to IDOT Bridge Manual Section 2.3, AASHTO LRFD Bridge Design Specifications, and BLRS Chapter 4 for the proposed structure. Determine the structure type based upon a site investigation, required spans, clearances, geometrics, hydraulic analysis and surrounding impacts. Maintenance of Traffic and Construction Staging: Develop a preferred detour plan and submit to the LPA for comment and approval. Confer with emergency services and public transportation agencies to consider impacts and concerns. 4- OAKWOOD DRIVE OVER BOONE CREEK CITY OF MCHENRY 6. HYDRAULIC REPORT Preliminary Bridge Design and Hydraulic Report (PBDHR): Prepare PBDHR for Oakwood Drive crossing over Boone Creek. Hydraulic Report: Compile hydraulic survey information per IDOT Drainage Manual Sec. 2-602. Assess existing upstream and downstream flooding problems. Analyze proposed upstream and downstream impacts with respect to IDNR Part 3708 Rules. o Prepare Scour Critical Evaluation Form, based on IDOT Drainage Manual Chapter 11 and recommendations of IDOT Local Bridge Unit. o Prepare existing and natural conditions hydraulic modeling of the crossed waterway. If necessary, convert the regulatory FIS hydraulic model to the currently accepted HEC-RAS model format. o Evaluate and model up to three (3) proposed crossing geometries, including options to reduce flood profile elevations upstream of the crossing. o Prepare a recommended preliminary design for the crossing and develop the transitions into the existing stream. o If necessary for permitting and design purposes, prepare both FIS-based and independent analysis hydraulic models. o Prepare existing and proposed Waterway Information Table and define the required bridge opening per the IDOT BLRS Manual. Compensatory Storage: Prepare preliminary grading plans or cross sections as appropriate for compensatory storage areas for work within the floodplain. Compute compensatory storage calculations suitable for preliminary design. 7. ENVIRONMENTAL COORDINATION AND PERMITTING Environmental Survey: Prepare the Environmental Survey Request Form and related exhibits. Submit to IDOT to determine potential environmental impacts. Biological, Archeological, and Historical surveys will be performed by the State. Wetland delineation and special waste assessment will be performed by Baxter&Woodman as described below. Permit Agency Early Coordination: Initiate coordination with US Army Corps of Engineers (ACOE) to obtain preliminary design comments: Wetlands: Perform wetland delineation in the project corridor during the growing season; including documentation of baseline vegetation, hydrology, and soils information. Prepare a Wetland Delineation Report and Exhibits that summarize the methodology used,site description, and results of survey. Special Waste Screening: Conduct Special Waste Screening as outlined in Section 20-12.03(b) of the IDOT Bureau of Local Roads and Streets Manual. Screening will include Environmental Regulatory Records Review and a site visit. Based on Environmental Screening results and site visit determine if further action is required and prepare a summary of the findings. Wetland Mitigation: Complete an alternatives analysis to determine if there are any feasible alternatives to minimize impacts to wetlands. Coordinate with US Army Corps of Engineers ACOE) for development of any alternative strategies. It is anticipated that wetlands will be mitigated through the use of wetland banking. Payments for banking fees are not included in the scope of this work. 5 - OAKWOOD DRIVE OVER BOONE CREEK CITY OF MCHENRY Wetland Impact Evaluation: Prepare a wetland report detailing the work within a regulatory wetland, including a description of the wetlands being impacted, avoidance, minimization, and mitigation efforts. Submit to IDOT for review and approval. Section 4(f) Lands: Impacts to the Whispering Oaks Park are not anticipated. Preparation of 4(f) documentation using De Minimus format is not included. Illinois Department of Natural Resources — Office of Water Resources (IDNR-OWR) Floodway Permitting: Submit hydraulic and floodplain information for a floodway construction permit from the IDNR-OWR through IDOT. Fees: Agency review fees and wetland banking are not included in this agreement and shall be paid for separately by the LPA. 8. PRELIMINARY ENVIRONMENTAL SITE ASSESSMENT(PESA) Historical Records Review: Review and document historical data sources for the project area, including aerial photographs, topographic maps, fire insurance maps, County resources, and other readily available development data. Environmental Regulatory Records Review: A computer search of Federal, State, Tribal, and local government agency records will be performed to determine if the Site or adjacent properties are included within the selected regulatory databases. Based on the results of this query, the Site and its surrounding properties shall be evaluated for recognized environmental concerns (REC). Queries shall be performed, but not be limited to, the following regulatory databases: o National Priority List (NPL)of Hazardous Waste Sites; o Hazardous Waste Treatment,Storage, Disposal Facilities (TSDF); o Underground Storage Tank or Leaking Underground Storage Tank Locations UST/LUST); o Sanitary Landfill and Solid Waste Sites(SL/SWS); o State Hazardous Waste Sites (SHWS); o CERCLIS sites o Small and Large Quantity Hazardous Waste Generators(RCRIS-SQG/LGG) o RCRA Report Preparation: Based on Environmental Screening results and site visit, prepare a PESA using the processes described in A Manual for Conducting Preliminary Environmental Site Assessments for Illinois Department of Transportation Infrastructure Projects, Second edition, January 2012. o Prepare a letter report summarizing the activities and results of the assessment. The report will include pertinent documentation to support the screening results of the assessment. It will also provide a summary of conclusions from the limited information collected. A Preliminary Site Investigation (PSI)will not be included within this scope of work. 9. MEETINGS AND PUBLIC INVOLVEMENT Meetings:The following meetings are anticipated for this project: 6- OAKWOOD DRIVE OVER BOONE CREEK CITY OF MCHENRY o City(4 total) (Kickoff,Alternatives, Preliminary, Prefinal) o Regulatory Agencies (1 total): USACE (1) o IDOT(2) (Kickoff and Review) o IDOT/FHWA Coordination Meetings(1) Public Meeting: No public involvement is anticipated for this project. Social Media: No social media participation is anticipated. 10. PROJECT DEVELOPMENT REPORT-Phase 1 Documentation: Prepare a Local Project Development Report for a Federal Approved Categorical Exclusion and submit the report to IDOT-BLRS and the Federal Highway Administration for review and approval. Preliminary, Pre-final, and Final submittals are anticipated. Maintain an updated PPI form and funding application with CMAP and Council of Mayors if necessary. 11. GEOTECHNICAL REPORT Pavement Cores and Soil Borings: Utilize Soil and Material Consultants to take pavement cores of the surface and base material for determining the composition of the existing pavement material within the project limits. Collect 10-foot pavement borings at 300-foot spacing on alternating sides of the pavement centerline and obtain topsoil thicknesses at select locations. Provide analysis and recommendations, including subgrade, in a soils report in accordance with IDOT guidelines. Baxter&Woodman will provide a boring and core location map prior to this work. (2 cores and 2 borings estimated) Structural Borings: Utilize Soil and Material Consultants to take 2 70-foot structural boring at each structure approach (2 borings estimated). 12. QA/QC - Perform in-house peer and milestone reviews by senior staff during project initiation, conceptual review, preliminary, prefinal, 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. 13. MANAGE PROJECT Plan, schedule, and control the activities that must be performed to complete the project including budget,schedule, and scope. Coordinate with LPA and project team to ensure the goals of the project are achieved. Prepare and submit monthly invoices, coordinate invoices from sub- consultants,and provide regular updates to the LPA. Deliverables:The following is a list of anticipated final deliverables to the LPA for this project: o Electronic DGN, Geopak, Digital Photos, and GIS files used in project development including Plan, Profiles, Cross Sections, Survey, and Exhibits. o Electronic Record of Design files including agency correspondence, Project Development Report content, Drainage Reports and Models, Environmental Reports, Estimates, Exhibits, and related electronic submittals (pdf or as appropriate). Baxter Woodman utilizes an electronic filing system in lieu of hard copies. 7- De .,} Exhibit E par•'• "Direct Costs Check Sheet COMPANY NAME: Baxter&Woodman PTB NUMBER: Oakwood Drive over Boone Creek TODAY'S DATE: 3/15/2019 Per Diem (per GOVERNOR'S TRAVEL CONTROL Up to state rate maximum 0.00 0.00 BOARD) Lodging Actual cost(Up to state rate maximum) 0.00 0.00 per GOVERNOR'S TRAVEL CONTROL BOARD) Lodging Taxes and Fees Actual cost 0.00 0.00 per GOVERNOR'S TRAVEL CONTROL BOARD) Air Fare Coach rate,actual cost,requires minimum two weeks'notice, 0.00 0.00 with prior IDOT approval Vehicle Mileage(per GOVERNOR'S TRAVEL Up to state rate maximum X 512 0.580 296.96 CONTROL BOARD) Vehicle Owned or Leased 32.50/half day(4 hours or less)or$65/full day X 4 65.00 260.00 Vehicle Rental Actual cost(Up to$55/day) 0.00 0.00 Tolls Actual cost 0.00 0.00 Parking Actual cost 0.00 0.00 Overtime Premium portion(Submit supporting documentation)0.00 0.00 Shift Differential Actual cost(Based on firm's policy) 0.00 0.00 Overnight Delivery/Postage/Courier Service Actual cost(Submit supporting documentation) X 4 47.00 188.00 Copies of Deliverables/Mylars(In-house) Actual cost(Submit supporting documentation) 0.00 0.00 Copies of Deliverables/Mylars(Outside) Actual cost(Submit supporting documentation) 0.00 0.00 Project Specific Insurance Actual cost 0.00 0.00 Monuments(Permanent) Actual cost 0.00 0.00 Photo Processing Actual cost 0.00 0.00 2-Way Radio(Survey or Phase III Only) Actual cost 0.00 0.00 Telephone Usage(Traffic System Monitoring Only) Actual cost 0.00 0.00 CADD Actual cost(Max$15/hour) 0.001 0.00 Web Site Actual cost(Submit supporting documentation) 0.00 0.00 Advertisements Actual cost(Submit supporting documentation) 0.00 0.00 Public Meeting Facility Rental Actual cost(Submit supporting documentation) 0.00 0.00 Public Meeting Exhibits/Renderings&Equipment Actual cost(Submit supporting documentation) 0.00 0.00 Recording Fees Actual cost 0.00 0.00 Transcriptions(specific to project) Actual cost 0.00 0.00 Courthouse Fees Actual cost 0.00 0.00 Storm Sewer Cleaning and Televising Actual cost(Requires 2-3 quotes with IDOT approval) 0.00 0.00 Traffic Control and Protection Actual cost(Requires 2-3 quotes with IDOT approval) 0.00 0.00 Aerial Photography and Mapping Actual cost(Requires 2-3 quotes with IDOT approval) 0.00 0.00 Utility Exploratory Trenching Actual cost(Requires 2-3 quotes with IDOT approval) 0.00 0.00 Testing of Soil Samples' Actual cost 0.00 0.00 Lab Services' Actual cost(Provide breakdown of each cost) 0.00 0.00 Equipment and/or Specialized Equipment Rental' Actual cost(Requires 2-3 quotes with IDOT approval) 0.00 0.00 Miovision Counters Actual cost X 1 144.00 144.00 FEMA model Actual cost X 1 393.00 393.00 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 ON W other allowable costs are needed and not listed,please add in the above spaces provided. LEGEND W.O.=Work Order J.S.=Job Specific PRINTED 3/15/2019 BDE436(Rev.02/02/17) office: 1-847-870-0544 SOIL AND MATERIAL CONSULTANTS, INC. fax: 1-847-870-0661 www.soilandmaterialconsultants.com a ^ us@ soilandmaterialconsultants.com March 13, 2019 Proposal No. 17,425 Brandon L Buzzell, P.E., S.E Baxter&Woodman, Inc. 8678 Ridgefield Road Crystal Lake, IL 60656 Re: Geotechnical Investigation Oakwood Drive Bridge Replacement McHenry, Illinois Dear Mr. Buzzell: We are submitting for your consideration our proposal to provide the requested pavement section investigation and subsurface soil condition analysis for the proposed reconstruction of the Oakwood Drive Bridge in the City of McHenry, Illinois. Structure Borings A total of 2 structure borings will be provided at the requested locations in areas accessible to our truck mounted drilling equipment. The investigation will be completed in accordance with current IDOT requirements. Soil samples will be obtained every 2.5 feet using a split spoon sampler to depths of 30.0 feet and every 5.0 feet thereafter to depths of 70.0 feet. Cohesive soils will be tested in the field to determine unconfined compressive strength. Pavement Borings At 2 additional locations the pavement materials will be cored and the underlying soils auger drilled to establish the profile within 10.0 feet of existing surface elevations. A soil sample will be obtained immediately below the pavement base using a split barrel sampler and at 2.5 foot intervals for the remaining depth of the boring. A pocket penetrometer reading will be performed on testable samples of cohesive soil. Laboratory testing of all soils will include determination of moisture content. Cohesive soils will be tested further for determination of dry unit weight. In addition grain-size analysis and Atterberg Limits testing will be performed on soils located at the creek elevation for foundation design and at the proposed subgrade elevation for pavement design. Engineering Evaluation, Report The field investigation and laboratory testing will be completed under the direction of a Registered Professional Engineer. Preliminary information will be available upon request. Upon completion of the investigation an engineering evaluation will be completed and a report prepared. The report will present our findings and appropriate recommendations. 8 WEST COLLEGE DRIVE ARLINGTON HEIGHTS, IL 60004 SOIL BORINGS (, SITE INVESTIGATIONS PAVEMENT INVESTIGATIONS w GEOTECHNICAL ENGINEERING TESTING OF 0 SOIL ASPHALT 6 CONCRETE 0 MORTAR 0 STEEL Proposal No. 17,425 Page 2 Re: Oakwood Drive Bridge Replacement McHenry, Illinois Charges Our unit charges and the estimated total cost for the investigation are indicated on the attached Schedule of Fees. This schedule also indicates the anticipated frequency as well as type of field and laboratory testing proposed for this investigation. Final billing will be based on actual services rendered at the indicated rates. Your consideration of this proposal is appreciated. The attached General Conditions are understood to be part of this proposal. If this proposal is acceptable, please execute and return one copy to our office. Should you have any questions concerning the scope of the investigation, please let us know. Very truly yours, SOIL AND MATERIAL CONSULTANTS, INC. Reid T. Steinbach, P.E. Director of Engineering RTS:dd Proposal Accepted BY: Client Street Town State Zip Code Phone ( Fax ( Signature Position Printed Name Date Proposal No. 17,425 Page 3 Re: Oakwood Drive Bridge Replacement McHenry, Illinois SCHEDULE OF FEES -- PAVEMENT AND SUBSURFACE SOIL INVESTIGATION Item Units Fee Estimated Cost FIELD Boring Layout 2 hr. 95.00 /hr. 190.00 Utility Location 2 hr. 95.00 /hr. 190.00 Mobilization 1 Lump Sum 600.00 Flagger 16 hr. 95.00 /hr. 1,520.00 Drilling — Structure 140 ft. 16.00 /ft. 2,240.00 2 at 70') Drilling — Roadway 20 ft. 14.00 /ft. 280.00 2 at 10') Split Barrel Sampling 48 ea. 10.00 ea. 480.00 Pavement Coring 2 ea. 110.00 ea. 220.00 LABORATORY Soil Moisture Content 54 ea. 5.00 ea. 270.00 Unit Weight 42 ea. 5.00 ea. 210.00 Unconfined 42 ea. 8.00 ea. 336.00 Compressive Strength Hydrometer Analysis 3 ea. 95.00 ea. 285.00 Atterberg Limits 3 ea. 65.00 ea. 195.00 REPORT Senior Engineer (P.E.) 18 hr. 140.00 /hr. 2,250.00 Estimated Total Cost: $ 9,536.00 ADDITIONAL ENGINEERING SERVICES Senior Engineer (P.E.) 8 hr. 140.00 /hr. 1,120.00 Follow up questions during phase I if needed Proposal No. 17,425 Page 4 Re: Oakwood Drive Bridge Replacement McHenry, Illinois Soil and Material Consultants, Inc.(SMC)scope of work defined in the proposal TERMS AND CONDITIONS was based on information provided by the client. If incomplete, inaccurate or if unexpected site conditions are discovered,the scope of work may change. GEOTECHNICAL INVESTIGATIONS TESTING SERVICES Client will furnish SMC with right-of-access to the site. Client shall furnish SMC with at least one working day's notice on any part- SMC will take reasonable precautions to minimize site time(less than 8 hours/day)job when field personnel are requested. SMC damage due to its operations,but has not included in shall make reasonable effort to provide field personnel in a timely manner the fee the cost of restoration of any resulting but reserves the right to schedule field personnel as deemed appropriate. damage. SMC shall not be liable for damage or injury Minimum charges will be billed when work cancellations are received after due to encountering subsurface structures(pipes, field personnel have left for the project site. tanks,utilities or others)not called to SMC's attention in writing or are not correctly shown on the drawings SMC personnel will provide a professional service based on observations furnished by client or client's representative. If the and testing of the work of a contractor,subcontractor,or other client desires,SMC will restore any damage to the site service/material provider,as specifically requested. SMC field personnel and add the cost of restoration to the fee. will look for general conformance with project specifications,plans and/or soil report but does not accept the responsibility to control or direct the Field work,laboratory testing and engineering work of others. Discrepancies noted by SMC office or field personnel will analysis will be performed in accordance with be referred to client or client's representative. generally accepted soil and foundation engineering practices. Samples are retained in our laboratory for Testing Services furnished by SMC are defined as the taking of soil and/or 30 days from date of report and then destroyed unless material tests at various locations and the making of visual observations other disposition is requested. The data reported relating to earthwork,foundations,and/or materials as specifically applies only to the soils sampled and the conditions requested by the client and agreed to by SMC,and will be limited to those encountered at each boring location. This does not specifically agreed services. Such services will be performed by SMC imply or guarantee that soils between borings will be using that degree of care and skill ordinarily exercised,under similar identical in character. Isolated inclusions of better or circumstances,by reputable members of the profession practicing in this poorer soils can be found on any site. SMC will not or similar localities. be liable for extra work or other consequences due to changed conditions encountered between borings. Observations and testing of soils and/or materials by SMC in no way implies a guarantee or warranty of the work of the contractor, Any exploration,testing and analysis associated with subcontractor,or other service/material provider. SMC's work or failure to the investigation will be performed by SMC for the perform same shall in no way excuse such contractor,subcontractor or client's sole use to fulfill the purpose of this other service/material provider from liability in the event of subsequently Agreement. SMC is not responsible for use or discovered defects,omissions,errors,deficiencies or failure to perform in interpretation of the information by others. The client accordance with the project plans and specifications. SMC field personnel recognizes that subsurface conditions may vary from shall not be responsible for superintendence of the construction process those encountered in borings or explorations. nor direction of the work of the contractor,subcontractor,or other Information and recommendations developed by SMC service/material provider. SMC's work shall not include determining or are based solely on available information and for the implementing the means,methods,techniques,sequences or procedures currently proposed improvement. of construction. SMC shall not be responsible for evaluating,reporting or affecting job conditions concerning health,safety or welfare. Documents including but not limited to technical reports,original boring logs,field data,field notes,laboratory test data,calculations, reports of inspection and testing,geotechnical reports,technical reports,submittals and estimates furnished to the client or its agents pursuant to this agreement are not intended or represented to be suitable for reuse by the client or others on extensions of this project or on any other project. Any reuse without SMC's written consent will be at user's sole risk and without liability or legal exposure to SMC. User shall indemnify and hold harmless SMC from all claims,damages,losses and expenses including attorney's fees arising out of or resulting therefrom. To the maximum extent permitted by law,the Client agrees to limit SMC liability for clients'damages to$100,000 or the fee,whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Soil and Material Consultants,Inc.is a Professional Engineering Corporation. Engineering services are often completed by extension through technical staff. The unit rates presented in this proposal do not reflect charges associated with organized labor. Future agreements,if any,with organized labor will invalidate some of the unit rates presented. Required rate adjustments will be presented to the client for acceptance prior to providing services at the adjusted rates. Services are invoiced monthly for the preceding period. Client agrees to pay each invoice within thirty(30)days of receipt and further agrees to pay interest on all amounts not paid at the rate of 2.0%per month,an annual rate of 24%,from the due date. Client agrees to pay all reasonable costs of collection including staff time,court costs,Attorneys'fees and related expenses,if this account becomes delinquent. Client agrees that reports furnished to the client but not paid for in full remain the sole property of SMC and will not be used for design,construction,permits,licensing,sales or other gain. Minds Department Local Public Agency State Contract Day Labor Local Contract RR Force Account of Transportation City of McHenry X Local Public Agency Agreement Section Fund Type ITEP,SRTS,or HSIP Number(s) for Federal Participation 18-00086-00-BR STP-Br Construction En in enng Right- a Job Number Project Number Job Number Project Number Job Number Project Number P-91-059-19 3FTU(794) 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 constructed in accordance with plans prepared by, or on behalf of the LPA, approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration, hereinafter referred to as"FHWA". Location Local Name Oakwood Drive Route MUN 2018 Length 0.10 mi. Termini Over Boone Creek Current Jurisdiction LPA TIP Number 11-19-0016 Existing Structure No 056-6600 Project Description Phase I (Preliminary Engineering)for structure rehabilitation/replacement of the Oakwood Drive culverts over Boone Creek. The Phase I includes evaluation of the existing structure,environmental review, preliminary design, and agency coordination. Engineers project number 190202.30. Division of Cost Type of Work STP-Br LPA Total Participating Construction Non-Participating Construction Preliminary Engineering 95,572 ( 23,893 ( BAL ) 119,465 Construction Engineering Right of Way Railroads Utilities Materials TOTAL 95,572 23,893 119,465 Maximum FHWA(STP-Br)participation 80%not to exceed$95,572 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 reimbursment. If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above. Local Public Agency Appropriation By execution of this Agreement,the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as an addendum(required for State-let contracts only) Method of Financing(State Contract Work Only) METHOD A---Lump Sum (80%of LPA Obligation) METHOD B--- Monthly Payments of due by the of each successive month. METHOD C---LPA's Share divided by estimated total cost multiplied by actual progress payment. See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed 11/18/2019 Page 1 of 5 BLR 05310(Rev.01/29/18) Agreement Provisions 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, and 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 Agency Highway and Street Systems. 3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. 4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction,an addendum is required. 5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and the FHWA,the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. 6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. 7) To maintain,for a minimum of 3 years after 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 department; and the LPA agrees to cooperate fully with any audit conducted by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. 9) To comply with Federal requirements or possibly lose(partial or total)Federal participation as determined by the FHWA. 10) (State Contracts Only) That the method of payment designated on page one will be as follows.- Method A- Lump Sum Payment. Upon award of the contract for this improvement,the LPA will pay to the STATE within thirty 30)calendar days of billing, in lump sum, an amount equal to 80%of the LPA's estimated obligation incurred under this Agreement. The LPA will pay to the STATE the remainder of the LPA's obligation(including any nonparticipating costs)within thirty(30) calendar days of billing in a lump sum, upon completion of the project based on final costs. Method B- Monthly Payments. Upon award of the contract for this improvement,the LPA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80%of the LPA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LPA's obligation including any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs. Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LPA will pay to the STATE within thirty(30)calendar days of receipt, an amount equal to the LPA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment(appropriately adjusted for nonparticipating costs)made to the contractor until the entire obligation incurred under this Agreement has been paid. Failure to remit the payment(s)in a timely manner as required under Methods A, B, or C,shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LPA on this or any other contract. The STATE, at its sole option, upon notice to the LPA, may place the debt into the Illinois Comptroller's Offset System(15 ILCS 405/10.05)or take such other and further action as my be required to recover the debt. 11) (Local Contracts or Day Labor) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. 12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of,the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which the project is federally authorized,the LPA will repay the STATE any Federal funds received under the terms of this Agreement. 13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the project is federally authorized,the LPA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed 11/18/2019 Page 2 of 5 BLR 05310(Rev.01/29/18) 14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois,62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the [DOT's District Bureau of Operations. The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate[DOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates shall be in accordance with the Division of Cost on page one. 15) And certifies to the best of its knowledge and belief its officials: a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records, making false statements receiving stolen property; c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, local)with commission of any of the offenses enumerated in item(b)of this certification; and d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal, State, local) terminated for cause or default. 16) To include the certifications, listed in item 15 above, and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. 17) (State Contracts) That execution of this agreement constitutes the LPA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. 18) That for agreements exceeding$100,000 in federal funds, execution of this Agreement constitutes the 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 at all ties including subcontracts, subgrants and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. 19) To regulate parking and traffic in accordance with the approved project report. 20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. 21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. 22) To complete this phase of the project within three(3)years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000). 23) To comply with the federal Financial Integrity Review and Evaluation(FIRE)program,which requires States and subrecipients to 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. 24) The LPA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets or summaries,vendor invoices,vendor receipts, cost plus fix fee invoice, progress report, and personnel and direct cost summaries.and other documentation supporting the requested reimbursement amount(Form BLRS 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. Printed 11/18/2019 Page 3 of 5 BLR 05310(Rev.01/29/18) 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 this phase of the improvement or from the date of the previous invoice,which ever 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. 25) The LPA shall provide the final report to the appropriate STATE district within twelve 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 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. 26) (Single Audit Requirements) That 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. LPAs expending less than$750,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE(Office of Finance and Administration,Audit Coordination Section,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 CFDA number for all highway planning and construction activities is 20.205. Federal funds utilized for constructon activities on projects let and awarded by the STATE(denoted by an'X' in the State Contract field at the top of page 1)are not included in a LPA's calculation of federal funds expended by the LPA for Single Audit purposes. 27) That the LPA is required to register with the System for Award Management or SAM(formerly Central Contractor Registration CCR)),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: httgs://www.sam.gov/portal/public/SAM/#1. The LPA is also required to obtain a Dun&Bradstreet(D&B)D-U-N-S Number. This is a unique nine digit number required to identify subrecipients of federal funding. A D-U-N-S number can be obtained at the following website: httr)://fedqov.dnb.com/webform. THE STATE AGREES: 1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LPA's certification of compliance with Titles II and III requirements. 2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE(and FHWA, if required)and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. 3) (Day Labor) To authorize the LPA to proceed with the construction of the improvement when Agreed Unit Prices are approved, and to reimburse the LPA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. 4) (Local Contracts) For agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: a) To reimburse the LPA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LPA; b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel, cement,aggregate,structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: 1) 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 Printed 11/18/2019 Page 4 of 5 BLR 05310(Rev.01/29/18) 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, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. 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 sea.)unless the provisions of that Act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1-Location Map, Number 2—GA TA Reporting Insert Addendum numbers and titles as applicable) 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 APPROVED Local Public Agency State of Illinois Department of Transportation Wayne Jett Name of Official (Print or Type Name)Randall S.Blankenhorn,Secretary of Transportation Date Mayor By: Title (County Board Chairperson/MayorNillage President/etc.) Erin Aleman,Director of Planning&Programming Date Erin Aleman, Director of Planning&Programming Date Signature) Date The above signature certifies the agency's TIN number is Philip C.Kaufmann,Chief Counsel Date 36-6005993 conducting business as a Governmental Entity. DUNS Number 023996275 Jeff Heck,Chief Fiscal Officer(CFO) Date NOTE: If the LPA signature is by an APPOINTED official,a resolution authorizing said appointed official to execute this agreement is required. Printed 11/18/2019 Page 5 of 5 BLR 05310(Rev.01/29/18) IlinOis Departfrlent Resolution for Maintenance of Transportation Under the Illinois Highway Code o Resolution Number Resolution Type Section Number Original 18-00086-00-BR BE IT RESOLVED, by the Council of the City of Governing Body Type Local Public Agency Type McHenry Illinois that there is hereby appropriated the sum of Twenty-Three Name of Local Public Agency Thousand Eight-Hundred and Ninety-Three Dollars ($23,893.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of Illinois Highway Code from 01/01/20 to 12/31/20 Beginning Date Ending Date BE IT FURTHER RESOLVED,that only those operations as listed and described on the approved Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED,that City of McHenry Local Public Agency Type Name of Local Public Agency shall submit within three months after the end of the maintenance period as stated above,to the Department of Transportation, on forms available from the Department, a certified statement showing expenditures and the balances remaining in the funds authorized for expenditure by the Department under this appropriation, and BE IT FURTHER RESOLVED,that the Clerk is hereby directed to transmit four(4)ceritified originals of this resolution to the district office of the Department of Transportation. I Trisha Ramel City Clerk in and for said City Name of ClerkLocal Public Agency Type Local Public Agency Type of McHenry in the State of Illinois, and keeper of the records and files thereof, as Name of Local Public Agency provided by statute,do hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Council of McHenry at a meeting held on 01/06/20 Governing Body Type Name of Local Public Agency ate IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of a Month,Year SEAL) Clerk Signature APPROVED Regional Engineer Department of Transportation Date Printed 12/31/19 BLR 14220(Rev.02/08/19) Instructions for BLR 14220 This form shall be used when a Local Public Agency(LPA)wants to perform maintenance operations using Motor Fuel Tax(MFT)funds. Refer to Chapter 14 of the Bureau of Local Roads and Streets Manual(BLRS Manual)for more detailed information. This form is to be used by a Municipality or a County. Road Districts will use BLR 14221. For signature requirements refer to Chapter 2, Section 3.05(b)of the BLRS Manual. When filling out this form electronically, once a field is initially completed,fields requiring the same information will be auto-populated. Resolution Number Insert the resolution number as assigned by the LPA, if applicable. Resolution Type From the drop down box, choose the type of resolution: Original would be used when passing a resolution for the first time for this project. Supplemental would be used when passing a resolution increasing appropriation above previously passed resolutions. Amended would be used when a previously passed resolution is being amended. Section Number Insert the section number of the improvement covered by the resolution. Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County; Council or President and Board of Trustees for a City,Village or Town. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. Name of LPA Insert the name of the LPA. Resolution Amount Insert the dollar value of the resolution for maintenance to be paid for with MFT funds in words, followed by the same amount in numerical format in the(). Beginning Date Insert the beginning date of the maintenance period. Maintenance periods must be a 12 or 24 month consecutive period. Ending Date Insert the ending date of the maintenance period. LPA Type From the drop down box choose the LPA body type; County, City,Town or Village. Name of LPA Insert the name of the LPA. Name of Clerk Insert the name of the LPA Clerk. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. Name of LPA Insert the name of the LPA. Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County; Council or President and Board of Trustees for a City,Village or Town. Name of LPA Insert the name of the LPA. Date Insert the date of the meeting. Day Insert the day the Clerk signed the document. Month,Year Insert the month and year of the clerk's signature. Clerk Signature Clerk shall sign here. Approved The Department of Transportation representative shall sign and date here upon approval. Three(3)certified signed originals must be submitted to the Regional Engineer's District office. Following IDOT's approval,distribution will be as follows: Local Public Agency Clerk Engineer(Municipal, Consultant or County) District Printed 12/31/19 BLR 14220(Rev.02/08/19) ORDINANCE NO. ORD-20-xxxx AN ORDINANCE AMENDING THE FY201912020 BUDGET FOR THE FISCAL YEAR ENDING APRIL 30, 2020 WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City of McHenry acting by and through its Mayor and City Council has previously approved the FY19/20 Annual Budget for the Fiscal Year Ending April 30, 2020 by a motion at the Annual City Council Meeting held on April 29, 2019; and WHEREAS, it is necessary and appropriate to delete, add to, or otherwise change certain line items in said Budget Ordinance as provided in Exhibit A to this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the amendments to the Budget Ordinance for the Fiscal Year Ending April 30, 2020 are hereby approved in the form and content as provided by Exhibit"A"which is attached hereto and made part hereof. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed and approved this 1' day of January 2020. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Mihevc Alderman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Trisha Ramel, City Clerk EXHIBIT A The following budget items are amended by this Ordinance: Fund 280 (Developer Donation Fund) - $26,200 Fund 270 (Motor Fuel Tax Fund) - $8,893 y„ Derik Morefield,City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 McHenrdmorefield@ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: January 6, 2020 TO:Mayor and City Council FROM: Derik Morefield, City Administrator Bill Hobson, Parks and Recreation Director RE:Ordinance Amending the FY19/20 Budget, Increasing Fund 100.01.5110 in the amount of$15,000 for the Boone Creek Dredging Project On December 19, 2019 the City was notified by the dredging contractor, BruceSki's Marine Construction,that they had hit their quoted amount of material for the dredging project and that approximately 600 yards of material was left to be removed. This was quoted at an additional 15,000 (original contract $92,500). Due to the potential for weather to impact the project and due to the fact that the next City Council Meeting was more than 18 days away, I approved the expenditure and, per the City's Purchasing Policy, notified Council of the expenditure and identified that it would be included on the next City Council Agenda on January 6, 2020. Therefore, per the above, attached is an Ordinance amending the FY19/20 Budget, Fund 100.01.5110 by $15,000 for the contract with BruceSki's Marine Construction to complete the Boone Creek Dredging Project. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented,efficient and fiscally responsible manner. ORDINANCE NO. ORD-20- AN ORDINANCE AMENDING THE FY201912020 BUDGET FOR THE FISCAL YEAR ENDING APRIL 30, 2020 WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City of McHenry acting by and through its Mayor and City Council has previously approved the FYI 9/20 Annual Budget for the Fiscal Year Ending April 30, 2020 by a motion at the Annual City Council Meeting held on April 29, 2019; and WHEREAS, it is necessary and appropriate to delete, add to, or otherwise change certain line items in said Budget Ordinance as provided in Exhibit A to this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the amendments to the Budget Ordinance for the Fiscal Year Ending April 30, 2020 are hereby approved in the form and content as provided by Exhibit "A" which is attached hereto and made part hereof. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this day of 2020 by roll call vote as follows: SEAL) Mayor ATTEST: City Clerk Published: EXHIBIT A The following budget items are amended by this Ordinance: Fund 100.01.5110 - $15,000.00 r Office of Finance &Accounting 4 Carolyn Lynch, Manager McHenry Municipal Center v r 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 McHenr ) Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: January 6, 2019 TO: Mayor and City Council FROM: Carolyn Lynch, Finance Director RE: IDOT Resolution for Debt Obligation Retirement ATTACHMENTS:Obligation Retirement Resolution AGENDA ITEM SUMMARY: The item before Council is a request for approval of an IDOT resolution appropriating Motor Fuel Tax (MFT) funds for the repayment of debt obligations. BACKGROUND: Over the years, the City of McHenry has issued a variety of bonds that pledge various funding sources for repayment backed by the full faith and credit of the municipality. A General Obligation bond that pledged MFT revenues was issued in 2010 to fund a local street improvements program. In each year since these bonds were issued, the City has abated the property taxes that would have been levied for the annual interest and principal payments because MFT revenues have been sufficient to cover the debt service requirement. ANALYSIS: To account for the use of MFT revenues, the Illinois Department of Transportation requires municipalities to approve a separate resolution acknowledging the property tax abatement and approving the appropriation of MFT funds for debt service payments. The city must approve a resolution for property tax abatements for 2018 to comply with IDOT reporting requirements. RECOMMENDATION: Staff recommends approval of the attached IDOT resolution appropriating MFT funds in the amount of$413,120.00. DWaftiaon t Obligation Retirement Resolution Resolution Number Section Number 09-00072-00-G B WHEREAS the City of McHenry Local Public Agency Type Name of LocalPublic Agency has outstanding indebtedness described as follows: 3.51 Million Taxable General Obligation Bonds - Section 09-00072-00-GB Bonds or Assessments Interest or Bonds or Public Benefit Assessments Number(s) Principal Date Due Amount Bonds 2010B Interest 06/15/19 16,560.00 Bonds 2010B Interest 12/15/19 16,560.00 Bonds 2010B Principal 12/15/19 380,000.00 and, WHEREAS, it appears that sufficient Motor Fuel Tax funds are or will be available when the above indebtedness is due,and WHEREAS, the City has, by resolution adopted 12/03/18 directed the Clerk of McHenry Local Public Agency Type Date County County to cancel the 2018 tax levy(for taxes collectable in 2019 )which would have produced funds to pay this indebtedness. ear eear Not applicable to special assessment projects.) NOW, THEREFORE, BE IT RESOLVED,that there is hereby appropriated the sum of Four Hundred Thirteen Thousand One Hundred Twenty dollars( $413,120.00 from funds allotted to City of McHenry under the Motor Local Public Agency Type Name of LocalPublic Agency Fuel Tax Law for the payment of the above described indebtedness, and 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, Trisha Ramel City Clerk in and for said City of Name of ClerkLocal Public Agency Type Local Public Agency Type McHenry in the State aforesaid, and keeper of the records and Name of Local Public Agency files thereof, as provided by, do hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by Council of McHenry at a meeting held on 01/06/19 Governing Body Type Name of Local Public Agency ate IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 6 day of January, 2020 may Month,Year SEAL) Clerk Signature APPROVED Regional Engineer Department of Transportation Date Printed 12/31/19 Page 1 of 1 BLR 15411 (Rev.06/13/19) Instructions for BLR 15411 NOTE: Form instructions should not be submitted when the form is submitted. This form shall be used when a Local Public Agency(LPA)is using Motor Fuel Tax Funds(MFT)to retire a bond or a special assessment. A description of the debt must be shown in sufficient detail to identify the individual payment due. Refer to Chapter 15 of the Bureau of Local Roads and Streets Manual (BLRS Manual)for more detailed information. For signature requirements refer to Chapter 2, Section 3.05(b)of the BLRS Manual. Resolution Insert the resolution number. This is assigned by the LPA. Section number Insert the section number of the bond or special assessment. LPA Type From the drop down box choose the LPA body type.Types to choose from are: County, City, Town, or Village. Name of LPA Insert the name of the LPA. Title Insert the title of the bond issue or special assessment and a description of the indebtedness to be retired. Bonds or Public Benefit Assessments Insert the bonds or public benefit assessments. Number of Bonds or Assessments Insert the number of bonds or assessments. Interest or Principal Insert interest or principal. Date Due Insert the due date of the item listed to the left. Amount Insert the amount of indebtedness to be retired. The following items that are in bold only apply to bond issues and are not applicable to special assessment projects: Governing Body Type Insert the governing body type.Types to choose from are County Board, President and Board of Trustees,Council. Date Insert the date the resolution was adopted. County Name Insert the name of the County. Year Insert the year the tax levy was enacted. Year Insert the year for taxes collectible to pay indebtedness. Dollar Insert the dollar value of the resolution for the proposed improvement to be paid for with MFT funds in words. Followed by in the same amount in numerical format in the(). Name of Clerk Insert the name of the LPA clerk. LPA Type From the drop down select the type of clerk based on the LPA type.Types to choose from are: County, City, Town or Village. LPA Type From the drop down box choose the LPA body type.Types to choose from are: County, City, Town, or Village. Name of LPA Insert the name of the LPA. Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County; Council for a City or Town; President and Board of Trustees for a Village or Town. Name of LPA Insert the name of the LPA. Date Insert the date of the meeting. Day Insert the day Clerk is signing the document. Month/Year Insert the month and year of the clerk's signature. Seal The Clerk shall seal the document here. Clerk Signature Clerk shall sign here. Approved The Department of Transportation shall sign and date here once approved. A minimum of three(3)signed originals must be submitted to the Regional Engineer's District office. Following the Regional Engineer's approval, distribution will be as follows: Local Public Agency Clerk Engineer(Municipal, Consultant or County) District File Printed 12/31/19 BLR 15411 (Rev.06/13/19) Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Mci-ent Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: January 6, 2020 TO:Mayor and City Council FROM: Troy Strange, Director of Public Works RE:Barreville Road Preliminary Engineering Services Agreement ATT: 1. Professional Engineering Services Request for Proposal 2. HLR Engineering Services Proposal 3. Professional Services Contract AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a Professional Services Contract for the Barreville Road Wing Wall Replacement Project to Hampton, Lenzini and Renwick, Inc. (HLR). BACKGROUND: In Fall of 2018 Public Works staff discovered a failed and fallen concrete wingwall on the Barreville Road Box Culvert south of Veterans Parkway. The existing box culvert is over 50 years old and the barrel section appears to be in sound condition. The structure, which is too short in span to be considered a bridge has wingwalls which are concrete earth retention walls that hold earthen foreslopes back from the edge of the stream being crossed. The structural design of the existing structure did not include anchor sheeting behind the wingwalls which leaves the walls prone to tipping over the service life of the structure. Upon inspection it was determined that all four corner wingwalls are in varying states of failure and it was recommended that the City begin planning for a major rehabilitation of the structure which includes the replacement of all four wingwalls and the addition of an anchoring system, guardrail upgrades, structural repairs to the barrel section, as well as necessary roadway work. In the interim, the wingwall on the failed corner of the structure was temporarily stabilized with sheet piling. The stream crossing is located in both wetlands and FEMA floodplain which will require an extended design schedule due to permitting. Due to this anticipated duration of design and permitting staff are estimating construction will begin no earlier than 2021. In the Spring of 2019 HLR, who is a firm on the City list of prequalified firms for Municipal Engineering Transportation Services, was utilized to complete a culvert condition report and provide a recommendation for rehabilitation repairs to the structure. Staff found the recommendation and scope of repairs to be acceptable and prepared a Request for Proposal which included a preliminary scope of engineering services for consideration. City Staff solicited the proposal from HLR due to their background on the project and staff's concurrence with the recommended construction scope. ANALYSIS: HLR submitted a proposal, scope of services, and project schedule which met the requirements of the RFP on November 15, 2019. The proposal was examined for conformance with the conditions of the RFP and evaluated based upon the criteria identified in the document. Staff's recommendation is to proceed with awarding the Professional Services Contract to Hampton, Lenzini, and Renwick, Inc. RECOMMENDATION: Therefore, if City Council concurs, it is recommended to approve the attached Professional Services Contract for the Barreville Road Wing Wall Replacement Project to Hampton, Lenzini, and Renwick, Inc. in an amount not to exceed $60,610.00. Y K Response Due Date: November 15,2019, 3:OOPM Submit Sealed Proposals to: Troy Strange,P.E.,Public Works Director City of McHenry Public Works Department 1415Industrial Drive McHenry,IL 60050 City of McHenry Public Works Department REQUEST FOR PROPOSAL Barreville Wing Wall Replacement Engineering Services CITY OF ram. c enr Request for Proposal Notice to Firms The City of McHenry is requesting proposals for professional engineering services for the Barreville Wing Wall Replacement Project. The included Preliminary Scope of Services provides anticipated items which may be required to perform all necessary engineering work associated with this project. The Wing Wall Replacement Project is to be constructed in accordance with the City of McHenry Municipal code and the Standard Specifications for Road and Bridge Construction in Illinois, latest edition. The City intends to begin work immediately upon execution of the contract with the selected consultant. It is the intent of the City to complete all design, permitting and bidding work by March 2021. This timetable will allow for a contract award and construction of the proposed improvements in the 2021 calendar year. Project Description Barreville Road is a City of McHenry road located in the south portion of the City limits. The current ADT for road is 1,200 VPD and it is classified as a FAU Route - Major Collector. The single barrel, cast-in-place culvert and associated wing wall were constructed approximately 50+ years ago. The culvert has a clear opening of 12' wide by 9' tall. Total length is 42'. The culvert is designed to carry flow from an unnamed tributary to the Fox River. The USGS Streamstats software estimates the tributary area at the culvert to be 1.34 square miles with a 10-yr and 100-yr peak flow of 219 cfs and 620 cfs, respectively. In 2018, one of the four concrete wingwall sections collapsed and fell into the creek. The City has subsequently removed the fallen wing wall and constructed a temporary steel wall. In May 2019, the City commissioned an inspection report (included as Appendix A) that identified the condition of the culvert as FAIR and the condition of the remaining wing walls as POOR. The existing guardrail is also in POOR condition. Based on the recommendations in the inspection report, City wishes to perform the following repairs and remediation: o Replace the entire guardrail on both sides of the road including a long-span guardrail at the culvert. o Perform minimal debris removal at the box culvert at the mouth of the channel. o Perform concrete repair of the spalled and delaminated concrete in the barrel o Stabilize the slope between the shoulder and box culvert headwall with asphalt, concrete or shotcrete. o Remove and replace the 3 concrete wing walls and 1 temporary steel wall with 4 new permanent steel sheet pile wing walls placed at a 45 degree flare angle to match existing conditions. o Restore the disturbed areas at the wing walls with low-maintenance prairie plants. 21City of McHenry Request • Proposal Preliminary Scope of Services The Preliminary Scope of Services identifies a potential list of services required to successfully perform all required professional engineering services in order to complete the proposed project. Each firm will include with their proposal a Final Proposed Scope of Services, which shall include any notable exclusions or additions. 1 Perform Phase I Engineering including: o Preliminary site visit and investigation o Attend one (1) kick-off meeting with City staff o Topographical survey o Perform a design-stage JULIE locate and incorporate utility atlas information into topographical survey o Establish approximate existing ROW limits based on GIS data and field located property corners o Provide a wetland delineation to delineate the Waters of the US, wetlands and wetland buffers. The wetland delineation shall be performed by a certified wetland consultant. o Provide a preliminary design (25%) with drawings sufficient to communicate to the City the basis of design and develop a preliminary Engineer's Opinion of Probable Cost EOPC). o Evaluate the permitting authorities and type of permit required based on the preliminary design including, but not limited to, USCOE permit, IDNR, McHenry County Stormwater. 21 Perform Phase II Engineering including: o Attend one (1) pre-design meeting to review the preliminary design before proceeding to final construction documents. o Attend up to three (3) additional meetings with City or various permitting agencies to discuss the design and/or facilitate the permitting process. o Prepare construction plans (24"x36") and project manual in a book format for bidding purposes. These shall include a title sheet, general notes and schedule of quantities, structural drawings signed by a structural engineer for the wing wall, plan and profile sheets, soil erosion and sediment control plan, maintenance of traffic plan, guardrail layout, and construction details. o Provide a pre-final (75%) set of bid documents for review. Incorporate City review of the 75% documents into the final construction plans. Provide an updated EOPC at the pre-final (75%) submittal. Attend one (1) additional meeting with the City. o Prepare a final EOPC prior to bidding. o Provide 2 soil borings, 15' deep to include in the bid documents. o Prepare an Uncontaminated Soil Certification LPC-663 prior to bidding. City will pay the required lab testing based on actual cost. Consultant should include a $3,000 a line item allowance for lab testing fees to be invoiced at actual costs to the City. c Assist with the bidding process by providing Notice to Bidders, Bidding Documents on CD in PDF format (10 total), issue Addendums as necessary including additional drawings or specifications, provide a bid tab, evaluate bids for completeness and issue a letter or recommendation for award. 31City of McHenry Request for Proposal 31 Phase III Engineering: o Not required at this time. A separate RFP will be provided for these services. 41 Provide Permitting Assistance for the following permits: o Apply for IDNR EcoCat threatened and endangered species consultation. o Apply for Illinois Historical Preservation Agency sign-off. o Apply for IDNR-OWR permit for work within a floodway or drainage way draining more than 640 acres. Since the wing walls are being replaced in-kind (with the exception of the material), no hydrology or hydraulics is expected to be required. o Apply for a McHenry County Stormwater Permit with McHenry County for work within a floodplain. o Apply for a USCOE regional permit (RP9-Maintenance) for the repair, rehabilitation or replacement of a previously authorized structure with a temporary impact or minor impact of<0.10 acre. 41City of McHenry Request for Proposal Final Submittal Requirements 1 All proposals must be signed by an authorized official. 21 Proposals shall include a brief project understanding of not more than one page. 3 1 A Final Proposed Scope of Services "Services"shall be included with each proposal. 4 1 An itemized schedule of costs "Compensation"shall be included with each proposal. 5 1 Proposals shall include a proposed "Project Schedule". 6 1 Proposals shall also include a proposed project team chart including subcontractors such as structural engineers or wetland consultants. 7 1 All proposals shall be submitted to the City of McHenry, no later than 3:00 PM, November 15, 2019. 8 Proposals must be submitted in the following formats: One Original Proposal Document, one hard paper copy, and one electronic copy (CD or USB Flash Drive). 9 Proposals must be submitted in one sealed envelope and must be plainly marked with the title Barreville Wing Wall Replacement Engineering Proposal". 101 All proposals must be shipped to or dropped off in person at the following address. City of McHenry Public Works Department ATTN: Troy Strange, P.E., Public Works Director 1415 Industrial Drive McHenry, Illinois 60050 51City of McHenry Selection Criteria Firms will be evaluated based upon the following criteria: 1 Completeness of project understanding and proposed scope of services 21 Ability to meet project schedule 31 Proposed project team and availability of such team 61City of McHenry Request • Proposal Schedule 10/01/19 RFP Issued 11/15/19 RFP Due to City Of McHenry 11/30/19 Engineer Selected 12/15/19 Engineering Contract Finalized. Notice to Proceed Issued. 05/01/20 Phase I Engineering Completed 07/01/20 Phase II Engineering— 50% Design Complete. 07/15/20 Permit Applications Prepared and Applications Made. 04/01/21 Permits Obtained. 04/15/21 Phase II Engineering — 100% Complete. 05/01/21 Out to Bid 07/01/21 Start Construction 09/21/21 Finish Construction 71City of McHenry Request • Proposal Conditions Agreed To All conditions included in the original Request for Qualifications shall be considered as part of this RFP. By means of their prequalification it is understood that prequalified firms shall adhere to any and all conditions required by the original Request for Qualifications process and document. Professional Service Agreement Upon selection of a Firm the City and selected Firm shall enter into a contract for Professional Engineering Services. The City's standard Professional Services Contract is included as "Attachment A" and shall serve as the agreement between the selected consultant and the City of McHenry. The selected Firm's Final Proposed Scope of Services "Services", proposed "Project Schedule", and itemized schedule of costs "Compensation" shall be inserted into the Professional Services Contract and shall become a part of the contract. Questions and Addenda All inquiries regarding this RFP shall be submitted via e-mail to Greg Gruen, Staff Engineer, at ggruen(o-)cityofmchenry.org no later than November 8, 2019. The City of McHenry reserves the right to not respond to any or all inquiries. Responses will be provided in a written addendum with both inquiries and responses, without stating the source of the inquiry via e-mail not later than November 12, 2019. 81City of McHenry Certification I hereby certify that the information contained in this Proposal, including all attachments thereto, is true and accurate to the best of my knowledge. Name: Signature: Title.- Firm: Date: City of McHenry Professional Services Contract Professional Services Contract Between The City Of McHenry And Hampton, Lenzini, and Renwick, Inc. For Professional Engineering Services For Barreville Wing Wall Replacement Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between The City of McHenry And Hampton, Lenzini, and Renwick, Inc. For Professional Engineering Services For Barreville Wing Wall Replacement TABLE OF CONTENTS Page ARTICLE 1. THE SERVICES........................................................................................................I 1.1 Intent........................................................................................................................1 1.2 Services....................................................................................................................1 1.3 Project Time ............................................................................................................1 1.4 Term; Extensions.....................................................................................................1 1.5 Other Contracts........................................................................................................1 1.6 Responsibility of Consultant to Perform.................................................................1 1.7 Financial Ability to Perform....................................................................................2 ARTICLE 2. COMPENSATION AND PAYMENT......................................................................2 2.1 Pricing Schedule......................................................................................................2 2.2 Monthly Payment; Invoices.....................................................................................2 2.3 Taxes........................................................................................................................2 2.4 Final Payment..........................................................................................................2 2.5 Deductions...............................................................................................................3 2.6 Use of Deducted Funds ...........................................................................................3 2.7 Keeping Books and Accounts..................................................................................3 ARTICLE 3. PERFORMANCE OF SERVICES............................................................................3 3.1 Standard of Performance.........................................................................................3 3.2 Correction of Defects...............................................................................................3 3.3 Risk of Loss.............................................................................................................4 3.4 Opinions of Probable Cost.......................................................................................4 3.5 City Responsibilities................................................................................................4 3.6 Time of the Essence.................................................................................................5 Revised 5/22/17 City ofMcHenry Professional Services Contract 3.7 Suspension of Services............................................................................................5 ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS............................................................5 4.1 Services Change Orders ..........................................................................................5 4.2 Revision Notices......................................................................................................5 4.3 No Change in Absence of Services Change Order..................................................5 4.4 Delays......................................................................................................................5 ARTICLE5. INSURANCE............................................................................................................6 5.1 Insurance..................................................................................................................6 5.2 Scope of Coverage; Minimum Limits of Coverage.................................................6 5.3 Deductibles and Self-Insured Retentions ................................................................6 5.4 Additional Requirements.........................................................................................6 5.5 Verification of Coverage.........................................................................................7 5.6 Sub-Consultants and Suppliers................................................................................8 ARTICLE 6. INDEMNIFICATION...............................................................................................8 6.1 Agreement to Indemnify..........................................................................................8 6.2 No Limit Based on Insurance..................................................................................8 6.3 Withholding Payment..............................................................................................8 6.4 Limit on Duty to Indemnify.....................................................................................8 ARTICLE 7. ARBITRATION........................................................................................................8 7.1 Arbitration ...............................................................................................................8 ARTICLE 8. TERMINATION........................................................................................................9 8.1 Contract is At-Will. .................................................................................................9 8.2 Termination by City for Breach...............................................................................9 8.3 City Remedies..........................................................................................................9 8.4 Termination by Consultant for Breach. ...................................................................9 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS .........................9 9.1 Consultant as Independent Consultant ..................................................................10 9.2 Compliance with Laws; Communications with Regulators..................................10 9.3 Permits and Licenses............................................................................................. 10 9.4 Safety; Hazardous Materials..................................................................................10 9.5 Ownership of Data and Documents.......................................................................10 9.6 Notices...................................................................................................................10 9.7 No Waiver by City.................................................................................................10 9.8 No Third-Party Beneficiaries.................................................................................11 Revised 5/22/17 City of McHenry Professional Services Contract 9.9 Survival of Terms..................................................................................................11 9.10 Assignments. .........................................................................................................11 9.11 Amendments..........................................................................................................11 9.12 Governing Law......................................................................................................11 9.13 Compliance with Laws, Grant Regulations...........................................................11 9.14 Representation of No Conflicts .............................................................................11 9.15 No Collusion..........................................................................................................11 Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between The City of McHenry And Hampton, Lenzini, and Renwick, Inc. For Professional Engineering Services For Barreville Wing Wall Replacement This contract (the "Contract") is dated as of January 6, 2020 (the "Effective Date") and is by and between the City of McHenry, an Illinois municipal corporation, (the"City") and Hampton, Lenzini, and Renwick, Inc. (the "Consultant"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE 1. THE SERVICES 1.1 Intent. It is the intent of the parties that this Contract govern the relationship of the parties. 1.2 Services. The Consultant will perform for the City the following services (the Services"): Proposed Scope of Services is identified on Pages 2-3 of Hampton, Lenzini, and Renwick, Inc. "Services" section included in attached Proposal. 13 Project Time. The Services will be performed according to the following schedule Project Schedule"): Proposed Schedule is identified on Page 5 of Hampton, Lenzini, and Renwick, Inc. "Project Schedule" section included in attached Proposal. The Services will be completed on or before October 31, 2020 (the "Completion Date"). The Completion Date shall be effective for substantial completion all design services. Bidding Services and Construction Support shall be completed after the date of substantial completion in coordination with construction of the project. IA Term; Extensions. This Contract commences on the Effective Date and terminates on December 31,2021 unless terminated earlier pursuant to Article 8 of this Contract(the"Term"). All terms of this Contract, including without limitation pricing terms, are firm during the Term, unless as embodied in an amendment to this Contract in accordance with Section 9.15. The Parties may extend this Contract for two additional one-year periods (each an "Extended Term"). Pricing terms may be adjusted by written agreement at the beginning of an Extended Term. 1.5 Other Contracts. The City may enter into agreements with other consultants, pursuant to which the City may award work from time to time at the City's discretion. 1.6 Responsibility of Consultant to Perform. The Consultant must provide all personnel 1- City ofMcHenry Professional Services Contract necessary to complete the Services.The Consultant must perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the City in writing. All sub-consultants and supplies used by the Consultant in the performance of Services must be acceptable to, and approved in advance by, the City. The City's approval of any sub-consultant or supplier will not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services in full compliance with, and as required by or pursuant to,this Contract.All Services performed by any sub-consultant or supplier are subject to all of the provisions of this Contract in the same manner as if performed directly by the Consultant. If any sub-consultant or supplier fails to properly perform any Services undertaken by it in compliance with this Contract, then the Consultant, immediately on notice from the City, must remove that sub-consultant or supplier and undertake the Services itself or replace the sub- consultant or supplier with a sub-consultant or supplier acceptable to the City. The Consultant will have no claim for damages, for compensation in excess of the Compensation, or for delay or extension of the Project Schedule as a result of any such removal or replacement. 1.7 Financial Ability to Perform. When executing this Contract, the Consultant represents and declares that it is financially solvent, has the financial resources necessary, has sufficient experience and competence,and has the necessary capital,facilities,organization,and staff necessary to provide,perform,and complete the Services set forth in this Contract in full compliance with, and as required by or pursuant to, this Contract. ARTICLE 2. COMPENSATION AND PAYMENT 2.1 Pricing Schedule. As compensation for the performance of the Services Compensation"), the City will pay the Consultant the following amounts and in the following manner: Proposed Pricing is identified on Page 4 of Hampton, Lenzini, and Renwick, Inc. "Compensation" section included in attached Proposal. Except for the Compensation, the City will have no liability for any expenses or costs incurred by the Consultant. 22 Monthly Payment; Invoices. The Compensation will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, a written invoice for payment for completed work. The City may specify the specific day of the month on or before which invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary to reasonably establish the Consultant's right to payment of the Compensation stated in the invoice. In addition, each invoice must include (a) employee classifications,rates per hour, and hours worked by each classification and, if the Services are to be performed in separate phases, for each phase, (b) total amount billed in the current period and total amount billed to date and, if the Services are to be performed in separate phases, for each phase, and c) the estimated percent completion of the Services and, if the Services are to be performed in separate phases, for each phase. 23 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities,or other similar benefits.The Consultant will never have a claim or right to claim additional 2- City ofMcHenry Professional Services Contract compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees. 2.4 Final Payment. The Services will be considered complete on the date of final written acceptance by the City of the Services or the relevant phase of the Services. Services related to a submission of the Consultant will be deemed accepted by the City if the City does not object to those Services in writing within 30 days after the submission by the Consultant of an invoice for final acceptance and payment The City will make final payment to the Consultant within 30 days after final acceptance of the Services, after deducting therefrom charges, if any, as provided in this Contract ("Final Payment"). The acceptance by the Consultant of Final Payment will operate as a full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the Final Payment. 25 Deductions. Notwithstanding any other provision of this Contract, the City may deduct and withhold from any payment or from Final Payment such amounts as may reasonably appear necessary to compensate the City for any loss due to (1) Services that are defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the Consultant or the City made by any of the Consultant's sub-consultants or suppliers or by other persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of the Services, the cost to the City, including without limitation reasonable attorneys' fees, of enforcing the terms of this Contract. The City will notify the Consultant in writing of the City's determination to deduct and withhold funds,which notice will state with specificity the amount of,and reason or reasons for, such deduction and withholding. 2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself for any and all costs,expenses, losses, damages,liabilities, suits,judgments,awards, and reasonable attorneys' fees (collectively "Costs") incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 2.7 Keeping Books and Accounts.The Consultant must keep accounts,books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the Term and for a period of five years after termination of this Contract. Copies of such material must be furnished to the City at the City's request and expense. ARTICLE 3. PERFORMANCE OF SERVICES 3.1 Standard of Performance. The Consultant must perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the Chicago Metropolitan Region ("Standard of Performance"). The Consultant is fully and solely responsible for the quality, technical accuracy, completeness, and coordination of all Services. All plans and other documents furnished by the Consultant shall be endorsed and stamped with professional seals when such seals are required by law. 32 Correction of Defects. The Consultant must provide,for no additional Compensation 3- City ofMcHenry Professional Services Contract and at no separate expense to the City, all work required to correct any defects or deficiencies in the performance of Services, regardless of whether the defect or deficiency relates to the work of the Consultant or of the Consultant's sub-consultants or suppliers. 33 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The Consultant is responsible for any and all damages to property or persons arising from any Consultant error, omission, or negligent act and for any losses or costs to repair or remedy any work undertaken by the City based on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other provision of this Contract,the Consultant's obligations under this Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the Consultant, to indemnify,hold harmless, or reimburse the Consultant for damages, losses, or costs. 34 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the City has control over the costs of labor,materials,equipment,or services furnished by others or over competitive bidding, market or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, any opinions of probable costs provided under this Contract are considered to be estimates only, made on the basis of the Consultant's experience and qualifications, and those opinions represent the Consultant's best judgment as an experienced and qualified professional, familiar with the industry. The Consultant does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by the Consultant. 35 Ci . Responsibilities. The City, at its sole cost and expense, will have the following responsibilities: a) To designate in writing a person with authority to act as the City's representative with respect to the Services. In the absence of a written designation,the City's representative will be the City Administrator. The City's representative will have the authority to act on behalf of the City except on matters that require approval of the City Council. b) To provide to the Consultant all criteria and information about the requirements for the Services, including, as relevant, the City's objectives and constraints, schedule, space, capacity and performance requirements, and budgetary limitations. c) To provide to the Consultant existing studies, reports, and other available data relevant to the Services. d) To arrange for access to, and make provisions for the Consultant to enter on,public and private property as reasonably required for the Services. e) To provide,as relevant,surveys describing physical characteristics,legal limitations, and utility locations for the Services and the services of other consultants when the services of other consultants are requested by the Consultant and are necessary for the performance of the Services. f) To provide structural, mechanical, chemical, air and water tests, tests for hazardous materials, and other laboratory and environmental tests, inspections, and reports required by law to be provided by the City in connection with the Services,except the extent such tests, inspections,or reports are part of the Services. g) To review reports, documents, data, and all other information presented by the 4- City of McHenry Professional Services Contract Consultant as appropriate. h)To provide approvals from all governmental authorities having jurisdiction over the Services when requested by the Consultant,except the extent such approvals are part of the Services. i) To provide, except as provided under Article 5 and Article 6 of this Contract, all accounting, insurance, and legal services as may be necessary from time to time in the judgment of the City to protect the City's interests with respect to the Services. 0 To attend meetings related to the Services. k) To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Contract. 36 Time of the Essence. Time is of the essence for the Services and all activities with regard to the performance of the Services. 3.7 Suspension of Services. The City,at any time and for any reason,may suspend work on any or all Services by issuing a written work suspension notice to the Consultant. The Consultant must stop the performance of all Services within the scope of the suspension notice until the City directs the Consultant in writing to resume performance. ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 4.1 Services Change Orders. The City, from time to time, may issue a written order modifying or otherwise changing the scope of the Services included in a Services Change Order (a Services Change Order"). Any Services Change Order in an amount exceeding $10,000 must be approved by the City Council. The Services Change Order will be generally in the form attached to and by this reference incorporated into this Contract as Attachment A. The Consultant may request a Services Change Order based on a claimed material change to any Services performed under this Contract. A Services Change Order may include additions to and deletions from the Services and will include requested equitable increases or decreases to the Compensation. 42 Revision Notices. Within three (3) days after the date of a Services Change Order, and in any event before the Consultant begins work on any changed Services, the Consultant must notify the City in writing if the Consultant desires a revision to the Services Change Order (a Revision Notice"). The Revision Notice must clearly state the Consultant's requested revisions and the reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Services Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision Notice within the (3) -day period, then the Consultant will be deemed to have accepted the Services Change Order and the Services Change Order will be final. 43 No Change in Absence of Services Change Order. No claim for an adjustment in Compensation or Project Schedule will be made or allowed unless it is embodied in a Services Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to an adjustment in the Compensation or Project Schedule terms that has not been included, or fully included, in a Services Change Order, then the Consultant may submit to the City a written request for the issuance of, or revision of, a Services Change Order including the desired adjustment. The Consultant's request must be submitted before the Consultant proceeds with any Services for which 5- City of McHenry Professional Services Contract an adjustment is desired. 44 Delays. If a delay in providing Services results from one or more causes that could not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation for extra costs related to the delay, or both. The Consultant must notify the City in writing within 3 days after the start of the delay and again in writing within 3 days after the delay has ended (the Delay Period"). The first notice must state the cause or causes of the delay and the impact of the delay on providing Services.The second notice must state the cause or causes of the delay,the length of the day, the reasons why the delay disrupted performance of the Services and the Consultant's request, if any, for a change in Compensation or Project Schedule. If the Consultant fails to submit notices as provided in this Section 4.5,then the Consultant will be deemed to have waived any right to an adjustment in Compensation for the Services. ARTICLE 5.INSURANCE 5.1 Insurance. The Consultant must procure and maintain, for the duration of this Contract, insurance as provided in this Article 5. 52 Scope of Coverage; Minimum Limits of Coverage. a) Commercial General Liability. Insurance Services Office ("ISO"), or reasonable equivalent, Commercial General Liability occurrence form CG 0001,with the City and its officials, officers, employees, and agents named as additional insured on Insurance Service Office (ISO) Additional Insured Endorsement CG 2010(Exhibit A)or CG 2026(Exhibit B). Coverage must be at least$1,000,000 combined single limit per occurrence for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The general aggregate must be twice the required occurrence limit. Minimum General Aggregate must be no less than$2,000,000 or a project- contract specific aggregate of$1,000,000. b) Automobile Liability. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." Coverage must be at least $1,000,000 combined single limit per accident for bodily injury and property damage. c) Professional Liability. Indemnification and for injury or damage arising out of negligent acts, errors, or omissions in providing professional services, including without limitation: i) preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, designs or specifications and (ii) providing direction, instruction, supervision, inspection, or engineering services or failing to provide them, if that is the primary cause of injury or damage. Coverage must be at least$1,000,000 each claim with respect to negligent acts,errors,and omissions in connection with all professional services to be provided under this Contract. d) Workers' Compensation and Employers' Liability. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. Coverage must be at least Workers' Compensation Coverage with statutory limits and Employers' Liability limits of$500,000 per accident. 53 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City.At the option of the City,either the insurer must reduce or eliminate such deductibles or self-insured retentions with respect to the City and its officials, officers, employees, and agents or the Consultant must procure a bond guaranteeing payment of losses and related investigation, claim administration, and Consultant defense expenses. 6- City ofMcHenry Professional Services Contract 54 Additional Requirements. The insurance policies must contain, or be endorsed to contain, the following provisions: a) Commercial General Liability and Automobile Liability Coverage. The City and its officials, officers, employees must be covered as additional insured as respects: liability arising out of the Consultant's work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials,officers, employees, and agents. b) Primary Coverage. The insurance coverage must be primary with respect to the City and its officials, officers and employees. Any insurance or self-insurance maintained by the City and its officials, officers,employees,and agents will be excess of the Consultant's insurance and will not contribute with it. c) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. d) Umbrella Policies. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Consultant must name the City and its officials, officers and employees, as additional insured under the umbrella policy. e) Occurrence Form. All general liability coverage must be provided on an occurrence policy form. Claims-made general liability policies are not acceptable. 0 Workers' Compensation and Employers' Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, officers, employees, and agents for losses arising from work performed by the Consultant. g) Professional Liability. If the policy is written on a claims-made form,the retroactive date must be equal to or preceding the effective date of this Contract. If the policy is cancelled,non- renewed, or switched to an occurrence form, then the Consultant must purchase supplemental extending reporting period coverage for a period of not less than three years after the date of substantial completion. h) All Coverage.Each insurance policy required must have the City expressly endorsed onto the policy as a Cancellation Notice Recipient. If a policy is canceled before the expiration date of that policy, then notice must be delivered to the City in accordance with the policy provisions prior to the expiration date. Acceptability of Insurers.Insurance must be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. 6) Waiver of Limitation. The Consultant hereby agrees to waive any limitation as to the amount of contribution recoverable against it by the City.This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers' Compensation Act 7- City of McHenry Professional Services Contract provision that applies a limitation to the amount recoverable in contribution, such as Kotecki v. Cyclops Welding. Each sub-consultant also must agree to this waiver. 55 Verification of Coverage. The Consultant must furnish the City with certificates of insurance naming the City and its officials,officers, employees, and agents as additional insured and with original endorsements affecting coverage required by this Article 5. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City or may be ISO Additional Insured Endorsements CG 2010 or CG 2026, or reasonable equivalent, and in any event must be received and approved by the City before any work commences. The City reserves the right to request a full certified copy of each insurance policy and endorsement. 5.6 Sub-Consultants and Suppliers. The Consultant must include all sub-consultants as insured under its policies or must furnish separate certificates and endorsements for each sub- consultant.All coverage for sub-consultants are subject to all of the requirements stated in this Article 5. ARTICLE 6. INDEMNIFICATION 6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant hereby agrees to indemnify and, at the City's request, defend the City and its officials, employees, agents, and representatives (collectively the "Indemnified Parties") against all injuries, deaths, loss, damages, claims, patent claims, lawsuits, liabilities, judgments, costs, and expenses, including attorney fees incurred by the City (collectively "Claims"), that may in any way accrue against the Indemnified Parties or any one of them arising in whole,or in part,or in consequence of the negligent or intentionally tortious performance of any services by the Consultant or its employees or sub- consultants or that may in any way result therefrom, except only Claims arising out of the sole legal cause of the City. In addition, Consultant hereby agrees to indemnify the City with regard to any damages, costs and expenses, including attorney fees incurred by the City for any failure by the Consultant to comply with insurance reporting provisions of any Consultant insurance policy adversely affecting coverage provided to the indemnified parties. 62 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees that any performance bond or insurance policy required by this Contract, or otherwise provided by the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified Parties or any one of them. 63 Withholding Payment.To the extent that any payment is due to the Consultant under this Contract, the City may withhold that payment to protect itself against any Indemnified Claims until all claims, suits, or judgments have been settled or discharged and evidence to.that effect has been furnished to the satisfaction of the City. 64 Limit on Duty to Indemnify. The Consultant is not required to indemnify an Indemnified Party to the extent a Claim resulted solely from the negligence or willful misconduct of the Indemnified Party. ARTICLE 7. ARBITRATION 7.1 Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as 8- City of McHenry Professional Services Contract determined in the exclusive discretion of the City, at 333 N. Green St. McHenry, Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that an arbitration award by default may be entered upon the party failing to appear or defend itself in any arbitration proceeding. In the event of any arbitration or litigation of this Contract, the non-prevailing party, as determined by the arbiter or court, shall pay all expenses incurred by the prevailing party, including, but not limited to (a) attorney's fees, (b) filing costs, (c) witness fees, and(d) other general expenses of arbitration or litigation. ARTICLE 8. TERMINATION 8.1 Contract is At-Will. This Contract is at-will and may be terminated by the City at any time at the City's convenience, without reason or cause. If the City terminates this Contract without reason or cause, then the Consultant will be entitled to Compensation for all Service performed by the Consultant up to the date of termination. The Consultant is not entitled to any consequential damages, including without limitation for lost profit, for any Services not performed by the Consultant. 82 Termination by City for Breach. The City at any time, by written notice providing Consultant with 10 days' to cure any alleged breach hereof, may terminate this Contract of breach by the Consultant and of one or more terms of this agreement. "Breach"by the Consultant includes a) failure of the Consultant to adhere to any terms or conditions of this Contract, (b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the performance of Services so as to endanger proper performance of the Services within the Project Schedule, (d) failure of the Consultant to have or maintain adequate resources to complete any Services. 83 City Remedies. If the City terminates this Contract for Breach by the Consultant, then the City will have the right,at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: a) The City may recover from the Consultant any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. b) The City may withhold any or all outstanding Compensation to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. In that event,the City will pay any excess funds to the Consultant, if any, after all of the City's costs are reimbursed or paid.If the Compensation withheld by the City is insufficient to reimburse the City for, or pay, all costs,then the City will has the right to recover directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining costs. 8.4 Termination by Consultant for Breach.The Consultant at any time,by written notice, terminate this Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or such further time as the Consultant may agree, in the Consultant's sole discretion, in response to a written notice from the City seeking additional time to cure. 9- City of McHenry Professional Services Contract ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 9.1 Consultant as Independent Consultant. For purposes of this Contract,the Consultant is an independent consultant and is not, and may not be construed or deemed to be an employee, agent, or joint venturer of the City. 9.2 Communications with Regulators. Any written communication by Consultant directly with applicable governmental regulatory agencies with regard to Services shall be copied to the City. 9.3 Permits and Licenses. The Consultant must obtain and pay for all permits and licenses,registrations,qualifications, and other governmental authorizations required by law that are associated with the Consultant's performance of Services. 9.4 Safety; Hazardous Materials. a) Protection of Health,Environment. The Consultant's personnel must be experienced and properly trained to perform the Services and must take adequate precautions to protect human health and the environment in the performance of Services. b)Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous condition relating to the Services, then the Consultant must bring that condition to the attention of the City. c) Hazardous Materials. The Consultant acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ("Hazardous Materials") at a project site or otherwise associated with Services, and the Consultant under those circumstances must take appropriate precautions to protect its employees, sub-consultants, and suppliers. 9.5 Ownership of Data and Documents. All data and information, regardless of its format, developed or obtained under this Contract(collectively "Data"), other than the Consultant's confidential information, will be and remain the sole property of the City. The Consultant must promptly deliver all Data to the City at the City's request. The Consultant is responsible for the care and protection of the Data until that delivery. The Consultant may retain one copy of the Data for the Consultant's records subject to the Consultant's continued compliance with the provisions of this Article. The City hereby indemnifies the Consultant for damages caused by the City's misuse or reuse of Data not originally intended. 9.6 Notices. Any notice or communication required by this Contract will be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows: If to the City: with a copy to: City Administrator Public Works Director City of McHenry Public Works Department 333 S. Green Street 1415 Industrial Drive 10- City of McHenry Professional Services Contract McHenry, Illinois 60050 McHenry, Illinois 60050 If to the Consultant: with a copes or to such other address as the party to whom notice is to be given has furnished in writing. 9.7 No Waiver by City.No act,order,approval,acceptance, or payment by the City,nor any delay by the City in exercising any right under this Contract, will constitute or be deemed to be an acceptance of any defective,damaged,flawed,unsuitable,nonconforming,or incomplete Services or operate to waive any requirement or provision of this Contract or any remedy, power, or right of the City. 9.8 No Third-Party Beneficiaries. This Contract is for the benefit of the City and the Consultant only and there can be no valid claim made or held against the City or the Consultant by any third party to be a beneficiary under this Contract. 9.9 Survival of Terms. The following sections will survive the termination of this Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9. 9.10 Assijznments. The Consultant may not assign or transfer any term, obligation,right, or other aspect of this Contract without the prior express written consent of the City. If any aspect of this Contract is assigned or transferred, then the Consultant will remain responsible to the City for the proper performance of the Consultant's obligations under this Contract. The terms and conditions of any agreement by the Consultant to assign or transfer this Contract must include terms requiring the assignee or transferee to fully comply with this Contract unless otherwise authorized in writing by the City. 9.11 Amendments. This Contract may be amended only in writing executed by the City and the Consultant. 9.12 Goveminp,Law. The validity,construction, and performance of this Contract and all disputes between the parties arising out of or related to this Contract will be governed by the laws of the State of Illinois without regard to choice or conflict of law rules or regulations. 9.13 Compliance with Laws, Grant Regulations. All Services must be provided, performed, and completed in accordance with all applicable governmental permits,licenses, or other approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The Consultant also must comply with applicable conditions of any federal, state, or local grant received by the City with respect to this Contract. The Consultant will be solely responsible for any fines or penalties that may be imposed or incurred by a governmental agency with jurisdiction over the Services as a result of the Consultant's improper performance of, or failure to properly perform, any Services. 9.14 Representation of No Conflicts. The Consultant represents that, to the best of its knowledge, (1) no City employee or agent is financially interested, directly or indirectly, in the 11- City ofMcHenry Professional Services Contract business of the Consultant or this Contract, (2) as of the Effective Date neither the Consultant nor any person employed by the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract, and (3) neither the Consultant nor any person employed by or associated with the Consultant may at any time during the Term obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 9.15 No Collusion. The Consultant represents that the Consultant is not barred from contracting with a unit of state or local government as a result of(1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is properly contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-3 or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Contract and that this Contract is made without collusion with any other person, firm, or corporation. WHEREFORE, the City and the Consultant have caused this Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF MCHENRY By: Name:Troy Strange Title:Public Works Director Date: Hampton,Lenzini,and Renwick,Inc. By: Name: Title: Date: 12- City ofMcHenry Professional Services Contract ATTACHMENT A SERVICES CHANGE ORDERNO. In accordance with Section 4.1 of the Contract dated 20 between the City and the Consultant,the Parties agree to the following Services Change Order: 1.Change in Services: 2.Change in Project Schedule(attach schedule ifappropriate): 3. Change in Completion Date: All Services must be completed on or before: 20 4.Change in Compensation: ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED. CITY CONSULTANT City's project representative] Signature Name(Printed or Typed) 20 20 Date Date If compensation change greater than$3,500,then City Administrator signature required. 20 City Administrator Date If compensation change greater than$10 000 then City Council approval and Mayor signature required. 20 Mayor Date 1- 1 • 1 1 ' s tls Prepared for: City of McHenry Public Works Department Troy Strange, PE, Public Works Director 1415 Industrial Drive McHenry, Illinois 60050 Submitted by: Hampton, Lenzini and Renwick, Inc. (HLR) 380 Shepard Drive Elgin, Illinois 60123 Ph. (847)697-6700 Fax (847)697-6753 HEART or mc, Questions can be directed to: Chris Olcott, PE, CFM, CPESC Project Manager Ph. (847)697-6700 colcott@hlreng.com i r d WORK HARD• HAVE FUN •GIVE BACKS°" F i Hampton, Lenzini and Renwick, Inc. rT R Civil Engineers • Structural Engineers • Land Surveyors • Environmental Specialists www.hlrengineering.com November 15, 2019 Mr.Troy Strange, PE, Public Works Director City of McHenry 1415 Industrial Drive McHenry, Illinois 60050 Re: Request for Proposal—Barreville Wing Wall Replacement Dear Mr. Strange: The City of McHenry makes it a priority to provide a reliable transportation system for its residents. The culvert that carries Barreville Road over an unnamed tributary of the Fox River is approximately 50 years old. Due to the 2018 collapse of one of the wing walls into the creek, the City commissioned an inspection of the culvert which found the remaining wing walls and guardrail to be in poor condition.We understand the City is seeking a qualified engineering firm to provide Phase I and Phase II professional engineering services to address these concerns. Our team has completed several similar projects and will use this experience to provide the City with a design that meets your expectations. Our team understands the objective and is qualified to help the City achieve its goal. We are proposing Chris Olcott, PE, CFM, CPESC to lead our team. He has over 13 years of experience on similar Phase I and Phase II projects, and understands the important needs of this project, such as: Collaboration with the City of McHenry Requirements for the various required permits for this project Starting and completing projects on time Quality Control and Quality Assurance measures In the pages that follow, we outline our understanding of the project, our proposed scope of services, and a project schedule with the goal of completing Phase I and II so the improvements can be constructed in the 2021 calendar year. Thank you for the opportunity to submit our proposal. Our team looks forward to continuing a great working relationship with the City and contributing to the success of the community. If you have any questions or comments regarding our submittal, please contact me at(847)697-6700 or jlyon@hlreng.com. Yours truly, HAMPTON, LENZINI AND RENWICK, INC. ReJena Lyon, PE, PLS President/CEO 380 Shepard Drive 6825 Hobson Valley Drive,Unit 302 3085 Stevenson Drive,Suite 201 323 West 3rd Street.P.O.Box 160 Elgin,Illinois 60123-7010 Woodridge,Illinois 60517 Springfield,Illinois 62703 M1 Carmel,Illinois 62863 Tel.847.697.6700 Tel.847.697.6700 Tel.217.546.3400 Tel.618.262.6651 Fax 847.697.67t 3 Fax 847.697.6753 Fax 217.546.8116 Fax 618.263.3327 i HOURBARREVILLE WING WALL REPLACEMENT ENGINEERING PROPOSAL McHera r , T SectionI: Project Understanding............................................................................................................................................................. 1 SectionII:Services..................................................................................................................................................................................2 SectionIII:Compensation........................................................................................................................................................................4 SectionIV:Project Schedule...................................................................................................................................................................5 i LR BARREVILLE WING WALL REPLACEMENT ENGINEERING PROPOSAL Infrastructure and facilities inevitably require maintenance. The speed with which the City of McHenry addresses these issues is commendable and provides long term financial benefits, dealing with problems early will prevent them from becoming major problems down the road.The Barreville Road Wing Wall Replacement project will keep this major culvert operating as designed for years to come and will keep the road in good working order. The failed or failing wing walls will be replaced with sheet pile walls to match the existing configuration. The construction is located within the floodplain of an unnamed tributary of the Fox River. The drainage area is greater than 640 acres and is therefore subject to the rules in Part 3700 of the IDNR-OWR regulations. This work is exempted by Part 3700.30 (b)(5) Routine maintenance and repair of existing structures,"and therefore it is expected that detailed hydraulic modeling will be not required. Maintaining the same wing wall configuration will be important and a condition of the above permit.The work may then be considered as maintenance and any hydraulic impacts would be negligible. This channel is Waters of the U.S. and regulated by the U.S.Army Corps of Engineers. The maintenance and repair to the wing walls will require temporary wetlands impacts. The wetland impacts will be cumulatively less than 0.1 acre and will likely be permittable under Regional Permit No. 9. The wing wall improvements will require a McHenry County Stormwater Permit. Based on our understanding of the ordinance and work to be performed,the project would be considered a public road regulated development by McHenry County.The size of the large culvert 12'wide by 9'high)and the need for equipment in the channel preclude considering this purely maintenance or the use of General Permit No. 1. Prior to submittal, our team will consult with the County's Planning& Development—Water Resources. It will be important to limit the temporary impacts to the channel and wetland in order to protect these natural areas. Limiting the disturbed areas will be necessary as a condition of permits and to ease the process of restoring the areas post construction. Construction activities to repair the inside of the culvert, debris removal, some of the wing wall construction, and slope stabilization will be performed by damming upstream and bypass pumping the low flows to downstream areas.The maintenance work will be scheduled during low-water conditions. A dry work area will be established by using a coffer dams and bypass pumping. Once completed, the guardrails will be replaced, and the channel and disturbed areas restored. It is expected that most of the wing wall and guardrail work will be performed from Barreville Road. Every effort will be made to avoid work outside of the right-of-way.Obtaining easements from the McHenry Conservation District could create unnecessary delays for the project. A detour plan will be prepared and presented at IDOT's Detour Committee Meeting. 1 5 nR BARREVILLE WING WALL REPLACEMENT ENGINEERING PROPOSAL j McHerir , Scope of Services Commitment to YouOur We can perform all services outlined in the Request We pride ourselves customer nd do • pursuework thatwe for Proposal (RFP). We anticipate the following cannot complete timely manner. workload steps needed to complete this project on time, within neither interfere and budget, and with the least impact to residents. We attention t is required for this project. We will be able to start this project look forward to working with City staff to fine-tune this upon receiving- notice proceed. approach and meet the exact needs of the project. If the project schedule or scope of work changes, HLR We also commit thatpersonnel named in this proposal will be available has additional staff and resources available to ensure throughout the duration of " project and will completethe improvements that engineering is still completed on time.within the required time Early Coordination and Data Collection Initial Coordination and Project Start-Up—We will attend and participate in a kick-off meeting with the City to review desired outcomes, potential issues, and schedule.We will also provide the City with monthly status updates. Field and Topographical Surveys Topographic Survey—We will complete a topographic survey upon receiving authorization to proceed. The survey will include cross sections of the structure, wing walls, and embankments to 20'beyond the right-of-way. Survey of Public and Private Utilities—Utilities in the project area will be surveyed. HLR will request City atlas of GIS information. Right-of-Way—We will locate visible property corners and establish the existing right-of-way based on record documents. Preliminary Design Utility Coordination—Utility coordination will be done early in the process to ensure the project moves forward in a timely manner.A design-level JULIE request will be completed to determine which utilities are located within the project limits. Soil and Pavement Borings—Soii/pavement borings will be completed by our subconsultant, Rubino Engineering, Inc. We propose two soil borings for the wing wall replacements. Preliminary Design—The Barreville Wing Wall Replacement preliminary plans will be developed. The preliminary plans will include a demolition plan, proposed guardrails, proposed wing walls, and a soil erosion/sediment control plan. A preliminary detour route exhibit will be created for discussion and to begin the detour route committee process. Final Design The Final Design documents will be prepared following discussion and review of the preliminary design at the pre-design meeting. Pre-Final Design—The preliminary design will be revised based off of discussion from the pre-design meeting. Pre-final 75%)construction plans on 24"x 36" sheets and a project manual will be provided for City review. Final Design—Final bid documents and cost estimate will be prepared. Bidding Assistance—HLR will assist with the bidding process by providing necessary materials and issuing addendums while bids are open. Following the receiving of bids, HLR will assist the City with the evaluation of the bids and issuing a letter of recommendation. E R BARREVILLE WING WALL REPLACEMENT ENGINEERING PROPOSAL McHe , wr Project Permitting Project permitting will be ongoing and occurring concurrent with steps outlined above. Up to three coordination meetings with regulatory agencies, if necessary, are planned for and included. Wetland Delineation and Report—With the nature of the channel and proximity to the Fox River,the channel is expected to be an US Army Corps of Engineers-regulated wetland.Therefore,we propose to complete a formal wetland delineation of the project area. The wetland delineation will be conducted to meet the requirements of Executive Order 11990, Protection of Wetlands", Section 404 of the Federal Water Pollution Control Act as amended by the Clean Water Act Corps of Engineers, Section 404 Permit), and IEPA Section 401 Guidelines regulations. A wetland delineation letter report will be prepared summarizing the findings of the fieldwork, including mitigation recommendations and options. Army Corps'Regional Permit No.9 authorizes repair, rehabilitation,or replacement of any previously authorized,currently serviceable, structure.A submittal will be made to confirm and verify that this project meets the conditions of the regional permit program.It is expected that this submittal will include consultations with IDNR EcoCat,Illinois Historical Preservation Agency, and McHenry County Soil&Water Conservation District. Floodplain / Floodway Impacts — The proposed maintenance improvements will require construction that is located within the Zone A floodplain of a structure that is tributary to an area greater than 640 acres. Since the scope of work is maintenance and repair of an existing structure, the work should be exempted from requiring an individual permit from IDNR-OWR.A submittal will be made to confirm and verify that the proposed work is exempt. McHenry County Stormwater Management—The improvements are expected to require a permit to show compliance with the McHenry County Stormwater Management Ordinance.While the project does not appear to meet the requirements of General Permit No. 1,with the maintenance and repair scope of the project, it is expected that a submittal will need to simply show that flow will not be impacted, that the channel will be protected during construction, and that no fill will be added to the floodplain. Clean Construction or Demolition Debris(CCDD)—The results of CCDD testing and the IEPA LPC#663 are valid for a limited time and should be completed during Final Design portion of the project. We will order the environmental and historical database review for the area within the proposed project limits. This report and review is required for the IEPA LPC#663 permitting process.This database will be reviewed for Potentially Impacted Properties(PIPS). D BARREVILLE WING WALL REPLACEMENT ENGINEERING PROPOSALS NicHen ti CITY OF MCHENRY PROPOSED COMPENSATION AND SERVICES BARREVILLE WING WALL REPLACEMENT DETAILED COST BREAKDOWN Employee Classification Task Description E6 E4 E2 Ell STR T2 T1 SUR ENV ENV 2 2 2 1 Direct Costs Hours Fee 1. SURVEY •LAND ACQUISITION Obtain Property Title,sub plats,documents(direct costs)3 100.00 3 $ 475.00 Control/Level Circuit 2 2 4 $ 400.00 Topographic/Route Survey I 12 I 12 $ 1,500.00 Land/Boundary/Right-of-Way Survey 6 I 6 $ 750.00 Boundary/Right-of-Way Determination 3 3 $ 375.00 Drafting/Plat Preparation 8 8 $ 600.00 06NGM,f§-E I-DESIGN ENGINEERING SERVICES Field Visit/Investigation 4 4 $ 580.00 Data Collection(GIS,Utility Plans,Construction Plans,JULIE) 4 12 I 16 $ 1,840.00 Preliminary Design(25%) 6 6 12 24 $ 2,760.00 Plan and Profile 0 $ - Cross Sections 0 $ Right-of-Wav Requirements 0 $ Traffic Management Plan(including Detour Exhibit) I 0 $ Prepare Cost Estimate 6 I 6 $ 870.00 Geotechnical Coordination I 4 5,750.00 4 $ 6,330.00 3. PHASE ESIGN ENGINEERING SERVICES Prepare Plans 12 40 40 40 132 $16,340.00 Title Sheet 0 $ General Notes 0 $ Alignment,Ties,and Benchmarks 0 $ Summary of Quantities I 0 $ Schedule of Quantities 0 $ Removal Plan 0 $ Plan and Profiles 0 $ Grading Plan 0 $ Structural Drawings I 0 $ Soil Erosion and Sediment Control Plan I 0 $ Maintenance of Traffic 0 $ Cross Sections 0 $ Standard Details 0 $ Prepare Bid Documents 20 I 20 $ 2,900.00 Prepare Estimate of Cost(Pre-Final and Final) 6 6 $ 870.00 Bidding Assistance 12 12 $ 1,740.00 4. PERMITTING Wetland Delineation and Report 16 10 26 $ 2,780.00 Prepare USACE Permit 18 22 40 $ 3,880.00 Coordination with IDNR(ECOCAT),Section 7 Memo,and/or IHPA 0 $ Threatened and Endangered Species Survey 0 $ - Prepare McHenry County SWCD Permit 8 8 $ 560.00 Prepare IDNR-OWR Submittal 4 12 16 $ 1,840.00 Prepare County Stormwater Permit 4 12 16 $ 1,840.00 Prepare Clean Construction and Demolition Debris(CCDD)Form 663 10 35 $ 1,000.00 45 1$ 4,750.00 5. COORDINATION A •CONSULTATION Prepare and Attend Kick-off Meeting 6 6 $ 870.00 Prepare and Attend Pre-Desiqn Meeting 6 6 $ 870.00 Prepare and Attend Detour Route Committee Meeting 4 I 4 $ 580.00 Prepare and Attend Permitting Coordination Meetings(3) 18 18 $ 2,610.00 6. QUALITY ASSURANCE AND PROJECT ADMINISTRATION Quality Assurance and Quality Control 5 5 $ 850.00 Project Administration 5 5 $ 850.00 Total 10 104 54 40 40 52 10 26 44 75 $ 6,850.00 455 $60,610.00 Note:Permit applications fees are not included in these costs will be the responsibility of the City. 1LIWAR BARREVILLE WING WALL REPLACEMENT ENGINEERING PROPOSAL McHenr , Notice-to-Proceed December 15, 2019 Kick-Off Meeting December 16, 2019 Survey and ROW Determination Completed January 13, 2020 Phase I Completed/Preliminary Design Submittal February 24, 2020 Pre-Design Meeting March 2, 2020 Pre-Final Submittal(75%)Submittal May 4, 2020 Permit Applications Prepared and Submitted June 15, 2020 Final Plan Submitted September 15,2020 i NER BARREVILLE WING WALL REPLACEMENT ENGINEERING PROPOSAL AiICHe1 tsp We assign staff to a project based on their prior experience and technical expertise in the scope of work anticipated. Once assigned to a project,they will be involved in the project from beginning to end. Below is an organizational chart for our proposed staff. McHe oi nr Jennifer Loescher,PE,SE Chris Olcott,PE,CFM,CPESC 1 Ryan Livingston,PE iloescher(cDhlrena.com colcott(a hlrena.com divinastonehlrena.com Structural Engineer with 19 years of Will serve as the primary contact for this —-"- Municipal Engineering Manager with over expori in Phase IAl/Ill bridge projects. , project responsible for oversight of the 12 years of experience including extensive experience providing review of project end team,assigning resources,and preliminary.design.and construction sWclural calculations and bridge plans, monitoring budget and schedule engineering for public agencies si ecif-lions,and estimates Project Engineer Chris Olcott,PE,CFM,CPESC colcott.ar hlrena.com Project Engineer with over 13 years of experience,storm water and drainage specialist erosion control expert,extensive drainage study and report experience i Environmental® y Manager Steve Megginson,PE,SE 1 Eric Haglund,PLS Michelle Lipinski,PE Smeaainson,cOlrena.com ehaolunciRlilrena.com Michelle.lioinski(crz)rubinoena.com Lead Structural Engineer,30 years of Pat Hickey,PWS,CPESC,CA Survey and Land Acquisition Manager;Rubino Engineering,Inc.WBE-Certified; experience,bridge expert DhiCkeyCaGZhlrena.com 33 years of experience HMA Level 11nl111;PCC Level V11411;3.33 j Field Testing.Solt Borings 28 years of experience.Certified Arborist. j wetland dehneafion expert,ecology and environmental regulation specialist ae Karen Kase,PWS,CPESC kkase@hireno.Writ 13 years of experience,Certified A borist, CCDD permitting proficient,Native Area LEGEND Management Leader HLR Subconsultant City of McHenry Council Meeting Minutes 12.16.19 1 MINUTES REGULAR CITY COUNCIL MEETING City Council Chambers, 333 S Green Street Monday, December 16, 2019 Call to Order: The City Council of the City of McHenry, Illinois, met in regular session on Monday, December 16, 2019, at 7:00 p.m. in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL. Roll Call: Mayor Jett called the roll call. Members present: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Mihevc, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Interim Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, and Chief of Police Birk, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the Pledge of Allegiance. Public Hearing: Public Hearing for the 2019 Property Tax Levy in the amount of $4,618,786 A. Motion to adopt the 2019 Property Tax Levy Ordinance in an amount not to exceed $4,618,786 Presented by Mayor Jett, no public comment. Alderman Glab wanted to know what consecutive year that the Property Tax Levy has stayed the same, it was verified that it has been the 8th year in a row. A moti on was made by Alderman Santi and seconded by Alderman Glab to approve the Public Hearing items as presented. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0- abstained. Motion carried. Public Comment: None Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Resolution allocating MFT funds not to exceed $136,525 for the purchase of rock salt in the year 2020; B. Ordinance authorizing the sale of four vehicles through Clinton Auto Auction; C. Ordinance Amending Title 6; Public Safety, Chapter 5; Offenses, Article D; Drug Paraphernalia; Possession of Cannabis, Section 6-5D-2; Unlawful Possession of Cannabis, of the City of McHenry’s Municipal Code; D. Ordinance creating Section 1-5-3, Surplus Property and amending Section 6-2A-4, Administrative Duties of the Chief of Police; City of McHenry Council Meeting Minutes 12.16.19 2 E. Award a contract to Trane Building Services, in the amount of $141,929, for the replacement of two rooftop units at the Municipal center and pass an Ordinance for a general fund (100-01-8200) budget amendment in the amount of $11,479; F. Police Pension Fund Annual Report for Fiscal Year 2018/19; H .Temporary Use Permit, Special Event Liquor License, Open Carry of Alcoholic Beverages; Street Closures, and Budget Amendment Ordinance in the amount of $10,000 for the 2020 McHenry Shamrocks the Fox St. Patrick’s Day Festival; I. Annual Fiesta Days Schedule, Use of Parks, Police and Public Works services at a 50% reduction, approval of a Special Event Liquor License, and approval for the placement of temporary advertising signs as identified; J. December 2, 2019 City Council Meeting Minutes; K. Issuance of Checks in the amount of $219,507.68; L. Issuance of As Needed Checks in the amount of $526,844.53. A moti on was made by Alderman Santi and seconded by Alderwoman Miller to approve Consent Agenda items as presented. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0- abstained. Motion carried. Consent Agenda: Motion to Approve the Following Consent Agenda Items: (Item G. pulled for separate discussion by Alderman Glab). G. Waive competitive bidding requirements and award a supplemental contract to Langton Snow Solutions, Inc. in the amount of $30,422.32 with a 50% retainer of $15,211.16; This item was pulled by Alderman Glab wanted clarification of when/if people were charged admissions for the first music fest weekend. Free community events are not part of the fee. This fee people are charged are for events is what this fee is covered by. Alderman Schaefer wanted to know why the ice cream social wasn’t on the Friday anymore. Alderman Glab expressed his support to see that Fiesta Days is being brought back to family ways. A motion was made by Alderman Santi and seconded by Alderman Schaefer to approve Consent Agenda items as presented. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0- abstained. Motion carried. Executive Session: A motion was made by Alderman Santi and second by Alderman Mihevc to close executive session: for the purpose of discussing A review of Executive Session Minutes (5 ILCS 120/2(c)(21)).B. Selection of a person to fill a public office (5 ILCS 120/2(c)(3)). Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried City of McHenry Council Meeting Minutes 12.16.19 3 A motion was made by Alderman Glab and second by Alderwoman Miller to return to open session @ 7:35: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried Roll Call: Mayor Jett called the roll call. Members present: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Mihevc, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Interim Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, and Chief of Police Birk, and City Clerk Ramel. Individual Action Item Agenda: A. Motion to adopt Ordinances for the abatement of real estate taxes levied for the 2019 Tax Levy Year for the following bond issues: General Obligation Bonds (Recovery Zone & Build America) Series 2010B, $407,160.00; General Obligation Bonds (Alternate) Series 2010C, $448,952.50; General Obligation Bonds (Alternate) Series 2012, $204,232.50; General Obligation Bonds (Refunding) Series 2013, $35,740.00; General Obligation Bonds (Refunding) Series 2015, $578,478.76 Presented by Mayor Jett. No discussion by council. Alderman Glab just supporting that this is saving more money for the community. A motion was made by Alderman Glab and seconded by Alderman Mihevc to approve individual agenda items as presented. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0- abstained. Motion carried. B. Grant a sign variance to 1800 N Richmond Road to allow an additional 9 feet in height for a maximum of 15 feet and an additional 21 square feet of area Presented by Community Development Director Polerecky, requirements for Popeye’s chicken the signage. Alderman Schaefer wanted to know the comparison to the businesses next to the Popeye’s and how uniform it is for the city. Comparison regarding other businesses in the area were discussed. Outlot has more restrictions to 6ft. height. Alderman Glab wanted to know about the overall look of the building, guest speaker stated it is close to other town protocols. Alderman Santi wanted to know how the 15ft. sign height is determined, and it was stated that is the norm which is the maximum to be allowed. A pole sign would be required because most of the restaurant is located on easement, per Director of Community Development Polerecky. Again emphasizing that sign footage is less than what the maximum is allowed. A representative that helps with signage was present for The Council to ask questions to. City of McHenry Council Meeting Minutes 12.16.19 4 A motion was made by Alderman Schaefer and seconded by Alderwoman Miller to approve individual agenda items as presented. Roll Call: Vote: 4-ayes: Alderman Schaefer, Alderman Glab, Alderman Devine, Alderwoman Miller. 2-nays Alderman Santi, Alderman Mihevc, 0-abstained. Motion carried. C. Motion to reimburse Mayor Jett for legal defense fees in the sum of $2,745.10 Attorney McArdle, explained this motion. Alderman Santi would like to possibly table this item. Alderman Schaefer wanted to know if The Council is all covered for litigation it was confirmed they are in some aspect as explained by the Attorney to The Council. Alderwoman Miller would also like more transparency and would like to further discuss if needed. The Council agrees that this will be tabled. Motion to table. A motion was made by Alderman Santi and seconded by Alderman Mihevc to approve individual agenda items as presented. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0- abstained. Motion carried. Individual Action Item Agenda Continued: A. Motion to a) pass a Resolution approving Executive Session minutes as presented; b) authorize the release of Executive Session meeting minutes as presented; and c) the destruction of any Executive Session recordings that have existed for more than 18 months and for which the minutes of that meeting have been approved. A motion was made by Alderman Santi and seconded by Alderman Schaefer to approve individual agenda items as presented. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderman Devine, Alderman Mihevc, Alderwoman Miller. 0-nays, 0- abstained. Motion carried. A. Motion to approve the Mayor’s appointment to fill the existing vacancy of City Council Member - Ward 4 – Ryan Harding A motion was made by Alderwoman Miller and seconded by Alderman Schaefer to approve Individual Agenda items as presented. Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Schaefer, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 1-nays Alderman Glab, 0-abstained. Motion carried Discussion Items: None Staff Reports: The lighting equipment installation has started. Dredging has almost been completed, per Director of Parks and Recreation Hobson. Mayor’s Report: Mayor Jett interviewed three people for the EDC- next meeting will bring back candidate. City of McHenry Council Meeting Minutes 12.16.19 5 City Council Comments: Alderman Santi stated that the lighting in the park looks fantastic, heard from multiple residents it is very positive feeback. Adjourn: A motion was made Alderman Santi and seconded by Alderman Glab to adjourn the meeting at 7:55 p.m. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried X Mayor Wayne Jett X City Clerk Trisha Ramel McHenry, IL Expense Approval Register List of Bills Council Meeting 1-&20 Vendor Name Payable Number Post Date Description (Item) Account Number Vendor: APWA- ILLINOIS PUBLIC SERVICE INSTITUTE APWA - ILLINOIS PUBLIC 12119ML 01/06/2020 MIKE LANGE ]PSI TUITION 510-35-5440 Vendor APWA - ILLINOIS PUBLIC SERVICE INSTITUTE Total: Vendor: BAXTER & WOODMAN BAXTER & WOODMAN 5 01/06/2020 CURRAN RD 270-00-8600 Vendor BAXTER & WOODMAN Total: Vendor: CAPITAL GAINS INCORPORATED CAPITALGAINS 2526 01/06/2020 PPENS FUND MGMTSVS 760-00-5110 Vendor CAPITAL GAINS INCORPORATED Total: Vendor: COMED COMED INV0009346 01/06/2020 UTIL 510-31-5510 COMED INV0009346 01/06/2020 UTIL 510-31-5510 COMED INV0009346 01/06/2020 UTIL 510-32-5510 COMED INV0009346 01/06/2020 UTIL 510-32-5510 COMED I NV0009347 01/06/2020 UTIL 100-33-5520 COMED INV0009347 01/06/2020 UTIL 100-33-5520 COMED INV0009347 01/06/2020 UTIL 100-45-5510 Vendor COMED Total: Vendor: COMPASS MINERALS AMERICA COMPASS MINERALS AMERICA 538968 01/06/2020 BULK ROAD SALT 270-00-6110 COMPASS MINERALS AMERICA 556192 01/06/2020 BULK ROAD SALT 270-00-6110 COMPASS MINERALS AMERICA 556903 01/06/2020 BULK ROAD SALT 270-00-6110 Vendor COMPASS MINERALS AMERICA Total: Vendor: CONDUENT HR CONSULTING LLC CONDUENT HR CONSULTING 2437686 01/06/2020 NOV 2019 SVS FEES 600-00-6960 Vendor CONDUENT HR CONSULTING LLC Total: Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY INV0009348 01/06/2020 UTIL 100-33-5520 CONSTELLATION NEWENERGY INV0009349 01/06/2020 UTIL 510-32-5510 Vendor CONSTELLATION NEWENERGY INC Total: Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00316367 01/06/2020 ANNUAL INSP FIRE ALARM SYS 225-00-5110 FOX VALLEY FIRE & SAFETY IN00320405 01/06/2020 MUN RADIO MAINT 225-00-5110 FOX VALLEY FIRE & SAFETY IN00320651 01/06/2020 DUNKIN DONUTS RADION 225-00-5110 Vendor FOX VALLEY FIRE & SAFETY Total: Vendor: HARPER, MICHAEL HARPER, MICHAEL INV0009350 01/06/2020 TUITION REIMB 100-33-5430 Vendor HARPER, MICHAEL Total: Vendor: HRGREEN HRGREEN 131547 01/06/2020 2019 ROAD PGM 440-00-8600 HRGREEN 3-131688 01/06/2020 PEARL ST SDWLK& LT 270-00-8600 Vendor HRGREEN Total: Vendor: IGFOA IGFOA INV0009364 01/06/2020 2020 DUES RENEWAL- C 100-04-5410 Vendor IGFOA Total: Vendor: INTERNATIONAL CODE COUNCIL, INC INTERNATIONAL CODE 5156444 01/06/2020 MSHIP RENEW - R 100-03-5410 Vendor INTERNATIONAL CODE COUNCIL, INC Total: Amount 695.00 695.00 9,645.45 9,645.45 5,365.00 5,365.00 1,839.65 1,565.81 2,122.33 8,166.15 57.74 580.51 189.95 14,522.14 11365,44 1,450.47 13,373.13 16,189.04 85.50 85.50 289.02 28.21 317.23 525.00 1,352.00 298.50 2,175.50 2,320.61 2,320.61 14,742,00 8,828.41 23,570.41 300.00 300.00 135.00 135.00 1/Z/Z020 2:16:34 PM Expense Approval Register Packet: APPKTO1706-1-6-20 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW 12-2019 01/06/2020 DECEMBER TRAFFIC LAW 100-01-5230 41000,00 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 4,000.00 Vendor: MCHENRY COMMUNITY HIGH SCHOOL DIST 156 MCHENRY COMMUNITY HIGH INV0009353 01/06/2020 JAN'19-JUNE'19 DEV 280-00-6970 15,880,90 MCHENRY COMMUNITY HIGH INV0009354 01/06/2020 NOV'19 OPERATING FEES 260-00-6970 41091,00 Vendor MCHENRY COMMUNITY HIGH SCHOOL DIST 156 Total: 19,971.90 Vendor: MCHENRY COMMUNITY SCHOOL DIST #15 MCHENRY COMMUNITY INV0009351 01/06/2020 JAN 2019-JUNE 2019 280-00-6970 29,493.10 MCHENRY COMMUNITY INV0009352 01/06/2020 NOV 2019 OPERATING FEES 260-00-6970 51618,00 Vendor MCHENRY COMMUNITY SCHOOL DIST #15 Total: 35,111.10 Vendor: MCHENRY COUNTY COUNCIL OF GOVERNMENTS MCHENRY COUNTY COUNCIL 2149 01/06/2020 DEC MSHIP MEETINGS 100-01-5410 96.00 MCHENRY COUNTY COUNCIL 2149 01/06/2020 DEC MSHIP MEETINGS 100-02-5410 432.00 Vendor MCHENRY COUNTY COUNCIL OF GOVERNMENTS Total: 528.00 Vendor: MCHENRY PUBLIC LIBRARY MCHENRY PUBLIC LIBRARY INV0009355 01/06/2020 DEV DONATION FEESJAN'19- 280-00-6980 20,292.00 MCHENRY PUBLIC LIBRARY INV0009356 01/06/2020 NOV'19 OPERATING FEES 260-00-6980 324.00 Vendor MCHENRY PUBLIC LIBRARYTotal: 20,616.00 Vendor: MCHENRY TOWNSHIP FIRE PROTECTION DIST MCHENRY TOWNSHIP FIRE INV0009357 01/06/2020 JAN'19-JUNE'19DEVELOPER 280-00-6990 2,896.00 MCHENRY TOWNSHIP FIRE INV0009358 01/06/2020 NOV'19 OPERATING FEES 260-00-6990 81.00 Vendor MCHENRY TOWNSHIP FIRE PROTECTION DIST Total: 2,977.00 Vendor: NICOR GAS NICOR GAS INV0009359 01/06/2020 UTIL 100-42-5510 813.22 NICOR GAS INV0009359 01/06/2020 UTIL 100-43-5510 60.30 NICOR GAS INV0009359 01/06/2020 UTIL 100-45-5510 74.35 NICOR GAS INV0009359 01/06/2020 UTIL 100-46-5510 54.80 NICOR GAS INV0009360 01/06/2020 UTIL 510-31-5510 327.23 NICOR GAS INV0009360 01/06/2020 UTIL 510-32-5510 2,065.99 Vendor NICOR GAS Total: 3,395.89 Vendor: NorthwestBOCA NorthwestBOCA INV0009361 01/06/2020 RENEWAL, SMALE, WATKINS, 100-03-5410 80.00 Vendor NorthwestBOCA Total: 80.00 Vendor: OPTIONS 4 HEALTH OPTIONS 4 HEALTH P19-10-096 01/06/2020 TEMP SIGN REFUND 100-00-3410 30.00 Vendor OPTIONS 4 HEALTH Total: 30.00 Vendor: OTTOSEN BRITZ KELLY COOPER & GILBERT LTD OTTOSEN BRITZ KELLY COOPER 121449 01/06/2020 LEGAL- LABOR 100-01-5230 262.50 Vendor OTTOSEN BRITZ KELLY COOPER & GILBERT LTD Total: 262.50 Vendor: PITNEY BOWES INC PITNEY BOWES INC 1014519449 01/06/2020 DM 400 100-04-5310 261.00 Vendor PITNEY BOWES INC Total: 261.00 Vendor: SEMROW JR, HARRY H SEMROW JR, HARRY H INV0009362 01/06/2020 DECEMBER 2019 ADM ADJ 100-03-5110 101.25 SEMROW JR, HARRY H INV0009362 01/06/2020 DECEMBER 2019 ADM ADJ 100-22-5110 911.25 Vendor SEMROW JR, HARRY H Total: 1,012.50 Vendor: SUNSET LOGISTICS LLC SUNSET LOGISTICS LLC 0057854 01/06/2020 CLEAN FILL 100-33-6110 2,200.00 SUNSET LOGISTICS LLC 0066975 01/06/2020 DREDGING 100-01-8900 2,380.00 SUNSET LOGISTICS LLC 0067202 01/06/2020 DREDGING 100-01-8900 3,570.00 SUNSET LOGISTICS LLC 0067569 01/06/2020 DREDGING 100-01-8900 19,355,00 Vendor SUNSET LOGISTICS LLC Total: 27,505.00 Vendor: UPS UPS 60X485519 01/06/2020 SHIPPING 100-04-5310 25.57 Vendor UPS Total: 25.57 1/2/2020 2:16:34 PM Expense Approval Register Vendor Name Payable Number Vendor: VANLANDUYT, CHRIS VANLANDUYT, CHRIS INV0009363 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 140434 ZUKOWSKI ROGERS FLOOD & 140435 Post Date 01/06/2020 Description (Item) UNIFORM REIMB Packet: APPKTO1706 - 1-6-20 AP CKS Account Number Amount 100-45-4510 Vendor VANLANDUYT, CHRIS Total: 01/06/2020 CORPORATE 100-01-5230 01(06/2020 TRAFFIC 100-01-5230 Vendor ZUKOWSKI ROGERS FLOOD & WARDLE Total: Grand Total: 204.67 204.67 11,978.75 6,053.45 18,032.20 209,334.21 1/Z/2020 Z:16:34 PM Expense Approval Register Packet: APPKT01706-1-6-20 AP CKS no Summary Fund Expense Amount 100- GENERAL FUND 56,816,94 225-ALARM BOARD FUND 2,175.50 260-ANNEXATION FUND 10,114,00 270 - MOTOR FUEL TAX FUND 34,662.90 280 - DEVELOPER DONATION FUND 68,562*00 440-CAPITAL IMPROVEMENTS FUND 14,742*00 510- WATER/SEWER FUND 16,81037 600- EMPLOYEE INSURANCE FUND 85,50 760- POLICE PENSION FUND 5,365.00 Grand Total: 209,334.21 McHenry, IL Expense Approval Register #2 List of Bills Council Meeting 1-&20 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA 5018403 01/06/2020 433 100-33-5370 1186635 ADAMS ENTERPRISES INC, RA S019104 01/06/2020 ubolts476 100-33-5370 5128 ADAMS ENTERPRISES INC, RA S019166 01/06/2020 pintle 476 100-33-5370 269,15 ADAMS ENTERPRISES INC, RA S019326 01/06/2020 lights for Aquatech S019326 510-35-5370 4,11 Vendor ADAMS ENTERPRISES INC, R A Total: 2,19129 Vendor: ADAMS STEEL SERVICE & SUPPLY, INC ADAMS STEEL SERVICE & 8929 01/06/2020 tank rental 100-33-5370 100,00 Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total: 100000 Vendor: ALEXANDER EQUIPMENT COMPANY INC ALEXANDER EQUIPMENT 161503 01/06/2020 filter445 100-33-5370 256.63 Vendor ALEXANDER EQUIPMENT COMPANY INC Total: 256.63 Vendor: ALPHA BUILDING MAINTENANCE SERVICE INC ALPHA BUILDING 19791MRC 01/06/2020 monthly cleaning 400-00-5200 21080,00 Vendor ALPHA BUILDING MAINTENANCE SERVICE INC Total: 2,080.00 Vendor: ARCO MECHANICAL EQUIPMENT SALES ARCO MECHANICAL 17899 01/06/2020 gas detection calibration shop 100-33-5115 11390,00 Vendor ARCO MECHANICAL EQUIPMENT SALES Total: 1,390.00 Vendor: AT&T AT&T 6201920245 01/06/2020 MONTHLY STATEMENT 620-00-5320 62,54 Vendor AT&T Total: 6234 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC 300668 01/06/2020 tires 311 100-22-5370 421.08 AUTO TECH CENTERS INC 300688 01/06/2020 Tire Disposal 100-33-5370 137.50 AUTO TECH CENTERS INC 300742 01/06/2020 322 100-22-5370 312,76 AUTO TECH CENTERS INC 300841 01/06/2020 tires 473 100-33-5370 16034 AUTO TECH CENTERS INC 300975 01/06/2020 Tire Disposal 100-33-5370 68,75 Vendor AUTO TECH CENTERS INC Total: 1110033 Vendor: BELVIDERE FIRING RANGE, CITY OF BELVIDERE FIRING RANGE, CITY 1902AMEND 01/06/2020 RANGE RENTAL 100-22-5110 420,00 Vendor BELVIDERE FIRING RANGE, CITY OF Total: 420.00 Vendor: BUSS FORD SALES BUSS FORD SALES 5036562 01/06/2020 mirror427 100-33-5370 549.56 BUSS FORD SALES 5036573 01/06/2020 fan motor 322 100-22-5370 80.82 BUSS FORD SALES 6060595 01/06/2020 repair 528 510-31-5370 166,13 Vendor BUSS FORD SALES Total: 796.51 Vendor: CDS OFFICE TECHNOLOGIES CDS OFFICE TECHNOLOGIES INV1276418 01/06/2020 BATTERY FOR WIRELESS MIC 100-22-6210 30,00 Vendor CDS OFFICE TECHNOLOGIES Total: 30.00 Vendor: CINTAS CINTAS 5015624352 01/06/2020 Safety Cabinet Refill 100-45-6110 45.58 Vendor CINTAS Total: 4538 Vendor: COMCAST CABLE COMCASTCABLE 6201920246 01/06/2020 MONTHLY STATEMENT 620-00-5110 24,54 Vendor COMCAST CABLE Total: 24.54 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 5507328017*001 01/06/2020 ELECTRIC SUPPLIES 100-03-6110 365.69 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 365.69 1/2/2020 2:26:59 PM Expense Approval Register Packet: APPKT01710-1-6-20 RE CT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CRITICAL REACH CRITICAL REACH 2O-309 01/06/2020 CRITICAL REACH BULLETINS 100-22-5110 550.00 Vendor CRITICAL REACH Total: 550.00 Vendor: CRYSTAL LAKE PARK DISTRICT CRYSTAL LAKE PARK DISTRICT 121-858 01/06/2020 Trip - Little Traveler 100-46-5110 108.00 Vendor CRYSTAL LAKE PARK DISTRICT Total: 108.00 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 18070 01/06/2020 45084 N50 surface. vendor 100-33-6110 26.26 CURRAN CONTRACTING 18070A 01/06/2020 47990 UPM. vendor ticket 100-33-6110 934.70 CURRAN CONTRACTING 18089 01/06/2020 capping agg. vendor ticket 100-33-6110 29.94 CURRAN CONTRACTING 18089A 01/06/2020 capping agg. vendorticket 100-33-6110 42.66 CURRAN CONTRACTING 18128 01/06/2020 capping agg. vendorticket 100-33-6110 44.22 CURRAN CONTRACTING 18128A 01/06/2020 capping agg. vendorticket 100-33-6110 40.92 CURRAN CONTRACTING 18128B 01/06/2020 capping agg. vendorticket 100-33-6110 48.30 Vendor CURRAN CONTRACTING COMPANY Total: 1,167.00 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS 1141109 01/06/2020 BOILER PARTS 100-03-6110 332.33 DREISILKER ELECTRIC MOTORS 1141664 01/06/2020 Diamond Lift Pump- 510-32-5380 607.50 DREISILKER ELECTRIC MOTORS 1142122 01/06/2020 BOILER MOTOR PARTS 100-03-6110 11185.22 Vendor DREISILKER ELECTRIC MOTORS INC Total: 2,125.05 Vendor: EBY GRAPHICS INC EBY GRAPHICS INC 5887 01/06/2020 SIGNAGE 100-03-5120 11163.05 Vendor EBY GRAPHICS INC Total: 11163.05 Vendor: ED'S RENTAL & SALES INC ED'S RENTAL & SALES INC 280308-1 01/06/2020 PD PHASE 2 CONSTRUCTION 100-22-8300 155.85 Vendor ED'S RENTAL & SALES INC Total: 155.85 Vendor: FAST EDDIES CAR WASH FAST EDDIES CAR WASH 92855499134 01/06/2020 SQUAD WASH 327 100-22-5370 19.50 Vendor FAST EDDIES CAR WASH Total: 19.50 Vendor: FUN EXPRESS LLC FUN EXPRESS LLC 700093588-01 01/06/2020 MMAC Holiday Party 100-47-6110 103.73 Vendor FUN EXPRESS LLC Total: 103.73 Vendor: GALLS LLC GALLS LLC 014391394 01/06/2020 UNIFORM ORDER- NOYES 100-22-4510 22.20 GALLS LLC 014427792 01/06/2020 UNIFORM ORDER - MADER 100-22-4510 103.02 GALLS LLC 014441275 01/06/2020 UNIFORMORDER- VARVIL 100-22-4510 90.61 GALLS LLC 014448116 01/06/2020 UNIFORM ORDER -ZUMWALT 100-22-4510 354.95 GALLS LLC 014452539 01/06/2020 UNIFORM ORDER- 100-23-4510 89.01 GALLS LLC 014453494 01/06/2020 UNIFORM ORDER - MADER 100-22-4510 33.99 GALLS LLC 014469093 01/06/2020 UNIFORM ORDER - CAREY 100-22-4510 36.84 GALLS LLC 014490359 01/06/2020 UNIFORM ORDER - K. SCHMITT 100-23-4510 137.00 GALLS LLC 014492677 01/06/2020 UNIFORM ORDER- MADER 100-22-4510 33.53 Vendor GALLS LLC Total: 901.15 Vendor: GOPHER GOPHER 9677495 01/06/2020 MIB supplies & Adult Leagues 100-47-6110 3,189.19 Vendor GOPHER Total: 3,189A9 Vendor: GRAINGER GRAINGER 9382892082 01/06/2020 Aquatech lights 1370065146 510-35-5370 80.42 Vendor GRAINGER Total: 80.42 Vendor: HAWKINS INC HAWKINS INC 4628235 01/06/2020 Chemical Delivery 510-32-6110 5,123.60 HAWKINS INC 4630473 01/06/2020 Chemical Delivery 510-32-6110 31316,70 Vendor HAWKINS INC Total: %440.30 Vendor: HEATMASTERS MECHANICAL, INC HEATMASTERS MECHANICAL, 17136-01 01/02/2020 WTP#4 Filter "T" and Drain 510-31-5110 51199.00 Vendor HEATMASTERS MECHANICAL, INC Total: 5/199900 1/2/2020 2:26:59 PM Expense Approval Register Packet: APPKTO1710-1-6-20 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: HODGES BADGE COMPANY INC HODGES BADGE COMPANY INC 19034095 01/06/2020 Swim Team Ribbons 100-47-6110 340.20 Vendor HODGES BADGE COMPANY INC Total: 340.20 Vendor: HOT SHOTS SPORTS HOT SHOTS SPORTS 1549 01/06/2020 Fall Invoice 1549 100-47-5110 2j075,50 Vendor HOT SHOTS SPORTS Total: 21075.50 Vendor: HYDRO INTERNATIONAL (WASTEWATER) HYDRO INTERNATIONAL SIN-001645 01/06/2020 Micro Screen -Pintail Wire 510-32-5375 114.01 Vendor HYDRO INTERNATIONAL (WASTEWATER) Total: 114.01 Vendor: IL SUBURBAN LLC CONSERVATION SERIES ILSUBURBAN LLC 1201 01/06/2020 Dredging Dump Charges 100-01-8900 11680.00 Vendor IL SUBURBAN LLC CONSERVATION SERIES Total: 11680.00 Vendor: IWPIPE TECHNOLOGY COMPANY INC IN -PIPE TECHNOLOGY 1647 01/06/2020 Monthly service fee 510-32-5110 71750,00 Vendor IN -PIPE TECHNOLOGY COMPANY INC Total: 71750.00 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3017663325 01/06/2020 mirror 409 100-33-5370 675.00 INTERSTATE BILLING SERVICE 3017697486 01/06/2020 417 100-33-5370 650.60 Vendor INTERSTATE BILLING SERVICE INC Total: 1,325.60 Vendor: JENSEN SALES CO INC, LEE JENSEN SALES CO INC, LEE 3160-00 01/06/2020 sled for camrea 510-35-6110 113.00 Vendor JENSEN SALES CO INC, LEE Total: 113.00 Vendor: JETTS HEATING & AIR INC JETTS HEATING & AIR INC 3821719 01/02/2020 Rec Center HVAC issue 400-00-5110 11977.50 Vendor JETTS HEATING & AIR INC Total: 1,977.50 Vendor: JG UNIFORMS INC JG UNIFORMS INC 65762 01/06/2020 UNIFORM ORDER- HARRIS 100-22-4510 267.52 Vendor JG UNIFORMS INC Total: 267.52 Vendor: JONES TRAVEL & TOUR JONES TRAVEL & TOUR 110118 01/06/2020 Trolley for Downtown 100-01-5110 495,00 Vendor JONES TRAVEL & TOUR Total: 495.00 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 7583110 01/06/2020 stock 510-35-6110 350.45 KIMBALL MIDWEST 7598979 01/06/2020 stock 100-33-5370 162.82 KIMBALL MIDWEST 7616462 01/06/2020 stock 510-32-6110 573.48 Vendor KIMBALL MIDWEST Total: 1,08635 Vendor: KOMLIN&SANDERSON KOMLINE-SANDERSON 42045006 01/06/2020 Leveling Auger Bearing 510-32-5375 404.70 Vendor KOMLIN&SANDERSON Total: 404.70 Vendor: LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 712016694 01/06/2020 CM-11 Wash Stone - UTY - 510-35-6110 114.56 LAFARGE NORTH AMERICA 712060850 01/06/2020 Wash Stone - UTY-167590955 510-35-6110 199.04 LAFARGE NORTH AMERICA 712060850A 01/06/2020 Virgin Grade 9- UTY- 510-35-6110 163.76 LAFARGE NORTH AMERICA 712076989 01/06/2020 Wash Stone - UTY-167591537 510-35-6110 200.16 LAFARGE NORTH AMERICA 712076990 01/06/2020 Virgin Grade- UTY - 167591541 510-35-6110 154.71 Vendor LAFARGE NORTH AMERICA Total: 832.23 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC P02645 01/06/2020 filter 447 100-33-5370 119.00 MCCANN INDUSTRIES INC P02850 01/06/2020 mirror 447 100-33-5370 221,00 Vendor MCCANN INDUSTRIES INC Total: 340.00 Vendor: MEADE INC MEADE INC 690640 01/06/2020 Traffic Cable Locate - #690640 100-33-5110 83.64 Vendor MEADE INC Total: 83.64 1/2/2020 2:26:59 PM Expense Approval Register Vendor Name Payable Number Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC MENDEZ LANDSCAPING & 6259 Vendor: METRO DOOR AND DOCK INC METRO DOOR AND DOCK INC 59615 Vendor: MIDAMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 225090W MID AMERICAN WATER OF 225269W Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 93527 Vendor: OLSEN SAFETY EQUIPMENT CORP OLSEN SAFETY EQUIPMENT 0372138-IN Vendor: ONEYS TREE FARM ONEYS TREE FARM 4078 Vendor: PDC LABORATORIES INC PDC LABORATORIES INC 19395494 Post Date 01/06/2020 12/30/2019 Packet: APPICT01710-1-6-20 RE Ci INVOICE Description (Item) Account Number Amount LANDSCAPING 100-03-5120 Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Total: Garage Door Repair -Sewer 510-32-5375 Vendor METRO DOOR AND DOCK INC Total: 01/06/2020 Main wrenches 510-35-6270 01/06/2020 B-Box 510-35-6110 Vendor MID AMERICAN WATER OF WAUCONDA INCTotal: 01/06/2020 01/06/2020 01/06/2020 01/06/2020 Vendor: PETROCHOICE LLC PETROCHOICE LLC 11149594 01/06/2020 PETROCHOICE LLC 11149596 01/06/2020 PETROCHOICE LLC 11149599 01/06/2020 PETROCHOICE LLC 11151466 01/06/2020 PETROCHOICE LLC 11151468 01/06/2020 PETROCHOICE LLC 11151469 01/06/2020 PETROCHOICE LLC 11151469 01/06/2020 PETROCHOICE LLC 11151469 01/06/2020 PETROCHOICE LLC 11151471 01/06/2020 PETROCHOICE LLC 11160314 01/06/2020 PETROCHOICE LLC 11160326 01/06/2020 PETROCHOICE LLC 11160327 01/06/2020 PETROCHOICE LLC 11160328 01/06/2020 PETROCHOICE LLC 11160331 01/06/2020 PETROCHOICE LLC 11170615 01/06/2020 PETROCHOICE LLC 11170629 01/06/2020 PETROCHOICE LLC 11170630 01/06/2020 PETROCHOICE LLC 11170631 01/06/2020 PETROCHOICE LLC 11170632 01/06/2020 PETROCHOICE LLC 11170633 01/06/2020 PETROCHOICE LLC 1160330 01/06/2020 Vendor: RED WING BUSINESS ADVANTAGE RED WING BUSINESS 20191210018401 01/06/2020 Vendor: RED WING SHOES RED WING SHOES 20191210018401 01/06/2020 Vendor: SECTION 8 DOORS &HARDWARE INC SECTION 8 DOORS & 8503 01/06/2020 Vendor: SENCOMMUNICATIONSlNC SENCOMMUNICATIONSlNC IN0961717 01/06/2020 TRAINING BOOKS 100-23-6210 Vendor MINUTEMAN PRESS OF MCH Total: Hard hats and earmuffs 510-35-6110 Vendor OLSEN SAFETY EQUIPMENT CORP Total: Christmas Supplies 100-45-6110 Vendor ONEYS TREE FARM Total: 300.00 300.00 356.35 356.35 196.08 432.00 628.08 158.80 I•SxIL�Y_� 543.02 609.00 UCMR4 and routine samples 510-31-5110 3,975.00 Vendor PDC LABORATORIES INC Total: 31975.00 FUEL BILL 100-03-6250 81.20 Fuel - WTR - 11149596 510-31-6250 264.30 FUEL 11149599 100-22-6250 11600.52 FUEL BILL 100-03-6250 38.68 Fuel - WTR-11151468 510-31-6250 48.78 Fuel 100-45-6250 200.95 Fuel 100-45-6250 212.73 fuel 100-45-6250 90.82 FUEL11151471 100-22-6250 951.83 Fuel-UTY-11160314 510-35-6250 340.20 FUEL BILL 100-03-6250 130.93 Fuel - W W-11160327 510-32-6250 327.40 Fuel - WTR-11160328 510-31-6250 204.39 FUEL 11160331 100-22-6250 21293.36 fuel - UTY-11170615 510-35-6250 358.72 Fuel Bill 100-03-6250 141.56 Fuel - W W-11170630 510-32-6250 424AS Fuel - WTR-11170631 510-31-6250 115.61 Fuel 100-45-6250 345.70 Fuel-STS-11170633 100-33-6250 775.60 Fuel - STS-11160330 100-33-6250 371.59 Vendor PETROCHOICE LLC Total: 9,319.32 Boots (Pat Maher) 510-35-4510 140.79 Vendor RED WING BUSINESS ADVANTAGE Total: 140.79 Boots (Ryan Cheney) 510-35-4510 175.99 Vendor RED WING SHOES Total: 175.99 Shop Construction 100-45-6110 110.00 Vendor SECTION 8 DOORS &HARDWARE INC Total: 110.00 HEADSET REPAIR 100-23-6110 122.00 1/2/2020 2:26:59 PM Expense Approval Register Vendor Name Payable Number SENCOMMUNICATIONS INC IN0962122 Vendor: SUNNYSIDE COMPANY SUNNYSIDE COMPANY 193899 Vendor: TEMPLE DISPLAY LTD TEMPLE DISPLAY LTD 20614 Vendor: THELEN MATERIALS LLC THELEN MATERIALS LLC 383858 Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFIC CONTROL & 102935 Vendor: ULTIMATE SCREEN PRINTING ULTIMATE SCREEN PRINTING 134291 Vendor: VERMEER4LLINOIS INC VERMEER-ILLINOIS INC PE4126 Vendor: WATER PRODUCTS - AURORA WATER PRODUCTS -AURORA 0293231 Vendor: WOODWARD PRINTING SERVICES WOODWARD PRINTING 3462011 Packet: APPKT01710 - 1-6-20 RECT INVOICE Post Date Description (Item) Account Number Amount 01f06/2020 NEW HEADSET 100-23-6110 327.00 Vendor SENCOMMUNICATIONS INC Total: 449.00 01/06/2020 seat pad 524 510-31-5370 484.50 Vendor SUNNYSIDE COMPANY Total: 484.50 01/06/2020 Christmas Supplies 100-45-6110 191.35 Vendor TEMPLE DISPLAY LTD Total: 191.35 01/06/2020 Green street dredge spoils 100-01-5110 950.00 Vendor THELEN MATERIALS LLC Total: 950.00 01/06/2020 street signs 100-33-6110 450.25 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 450.25 01/06/2020 Bag Tags 100-47-6110 240.00 Vendor ULTIMATE SCREEN PRINTING Total: 240.00 01/06/2020 filters 442 100-33-5370 86.04 Vendor VERMEER-ILLINOIS INC Total: 86.04 01/06/2020 riser rings 100-33-6110 1,086.00 Vendor WATER PRODUCTS - AURORA Total: 1,086.00 01/06/2020 Brochure - W/S Printing 100-41-5330 31275,00 Vendor WOODWARD PRINTING SERVICES Total: 3,275.00 Grand Total: 74,482.09 1/2/2020 2:26:59 PM Expense Approval Register Packet: APPI(T01710-1-6.20 RECT INVOICE Fund Summary no 100-GENERAL FUND 400 - RECREATION CENTER FUND 510- WATER/SEWER FUND 620 - INFORMATION TECHNOLOGY FUND Expense Amount 37,314.60 4,057.50 33,022.91 87.08 Grand Total: 74,482.09 McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 McHenr I www•ci.mchenry.il.us DATE: January 6, 2020 TO:Mayor and City Council FROM: David McArdle, City Attorney RE:Proposed Indemnification Provision Amendment to the McHenry Municipal Code and Reimbursement of the Mayor for Legal Fees Incurred in Ethics Proceeding As members of the City Council are aware, Mayor Jett incurred legal fees defending himself with regard to the recently filed ethics complaint and the City Attorney suggested this issue should be brought to the Council's attention from an indemnification standpoint. Based on input received from the City Council at the December 16, 2019 City Council Meeting, the attached Indemnification Ordinance is being proposed for adoption, along with a reimbursement for legal services request from Mayor Jett in the amount of$2,745.10. BACKGROUND/ANALYSIS: While acting in his capacity as Mayor for the City of McHenry, Mayor Jett hired an attorney to represent him before the Ethics Commission after an ethics complaint was filed against him. The allegations raised related to alleged violations of the Prohibited Political Activities Act.As a result, Mayor Jett received a legal bill. Mayor Jett's situation is similar to those situations covered by the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10, Tort Immunity Act"), see attached copies of relevant pages. However, the City Code does not currently provide for Indemnification of its employees and officers. The Tort Immunity Act provides that if a claim or action is instituted against an employee based on an injury arising out of an act occurring while in the scope of his/her employment, the governmental entity may indemnify the employee for reasonable attorney's fees incurred in the defense of the action. Specifically, section 2-302 of the Act provides: If any claim or action is instituted against an employee of a local public entity based on an injury allegedly arising out of an act or omission occurring within the scope of his employment as such employee,the entity may elect to do any one or more of the following: a) appear and defend against the claim or action; b) indemnify the employee or former employee for his court costs or reasonable attorney's fees, or both, incurred in the defense of such claim or action; c) pay, or indemnify the employee or former employee for a judgment based on such claim or action; or d) pay, or indemnify the employee or former employee for, a compromise or settlement of such a claim or action. It is hereby declared to be the public policy of this State, however, that no local public entity may elect to indemnify an employee for any portion of a judgment representing an award of punitive or exemplary damages. ... 7451LCS 1012-302. The Act further defines an employee to include an officer of the City, which would include City Council members. See, attached Section 1-202. Adoption of Indemnity Ordinance. The City Attorney proposes the City Council adopt the attached draft Ordinance amending Chapter 10 of the City Code to add an indemnity provision thus implementing the indemnity protections from the Tort Immunity Act and applying them to City employees and a variety of City appointed and elected officers including members of the City Council. This type of Ordinance is commonly adopted by cities and villages throughout the State and provides protection to the designated people. As we all know, a "claim or action" can be filed against anyone at any time whether there is a basis for it or not. The language provided in the proposed ordinance was taken from the provision used in Lake Forest, see attached, with one edit to the last sentence of subsection A, which will be explained by the City Attorney at the meeting. Adoption of this Ordinance would provide protection for the designated City personnel in the event they are brought into legal proceedings and incur legal fees or damages as a result. Reimbursement of Mayor Jett. In the case of the Mayor, an ethics complaint was filed against Mayor Jett, who is an employee under the Tort Immunity Act, and the Ethics Commission conducted a hearing. Mayor Jett hired an attorney to represent him during the matter and incurred legal fees totaling$2,745.10 for this representation, see attached. During the Ethics Commission hearing, testimony was given by Mayor Jett regarding the allegations in the complaint. The testimony showed that Mayor Jett's actions were actions properly taken in his capacity as mayor for the City of McHenry. As this situation is similar to that described in the Tort Immunity Act, it is reasonable for the City Council to consider reimbursing/indemnifying the Mayor for legal fees incurred in the sum of$2,745.10. RECOMMENDATION: It is recommended that the City Council discuss and adopt the proposed indemnity ordinance and reimburse Mayor Jett for legal fees incurred defending the ethics complaint filed against him, in the sum of$2,745.10. 12/10/2019 745 ILLS 10/Local Governmental and Governmental Employees Tort Immunity Act. IFnx-VIEl Pomp I_cdisiatiun t.? L..c+w:; Somato llnuse My Loflislation !Ato Map Bills&Resolutions Illinois Compiled Statutes Compiled Statutes Back to Article Listing Public Acts Search Guide Disclaimer Printer-Friendly Version Public Acts Information maintained by the Legislative Reference Bureau Legislative Reports Updating the database of the Illinois Compiled Statutes (ILCS)is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soonILConstitutionaftertheybecomelaw. For information concerning the relationship between statutes and Public Acts, Legislative Guide refer to the Guide. Legislative Glossary Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. if the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version Search By Number of the law that is currently in effect may have already been removed from the database and you example:HB0001) should refer to that Public Act to see the changes made to the current law. i— Go I Search Tips' CIVIL IMMUNITIES 745 ILCS 10/) Local Governmental and Governmental Employees Tort Immunity Act. Search By Keyword Go 745 ILCS 10/Art. I heading) Search Tips ARTICLE I -- GENERAL PROVISIONS Advanced Search It.11td(I1S 745 ILCS 10/Art. I Pt. 1 heading) PART 1. SHORT TITLE, CONSTRUCTION AND APPLICATION OF THE ACT 7 1) (from Ch. 85, par. 1-101) Sec. 1-101. This Act shall be known and may be citedDasth" Lo cal Governmental and Governmental Employees Tort I MISSING& Act".CP];.OITE Source: Laws 1965, p. 2983.) 745 ILCS 10/1-101.1) (from Ch. 85, par. 1-101,1) Sec. 1-101.1. (a) The purpose of this Act is to protect local public entities and public employees from liability arising from the operation of government. It grants only immunities and defenses. b) Any defense or immunity, common law or statutory, available to any private person shall likewise be available to local public entities and public employees. Source: P.A. 84-1431. ) 745 ILCS 10/1-102) (from Ch. 85, par, 1-102) Sec. 1-102. If any provision or clause of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. Source: Laws 1965, p. 2983.) www.ilga.govlleglslation/ilcs/ilcs5.asp?ActlD=2062&ChapterlD=58 1124 12/10/2019 745 ILLS 10/Local Governmental and Governmental Employees Tort Immunity Act. 745 ILCS 10/Art. I Pt. 2 heading) PART 2. GENERAL DEFINITIONS 745 ILCS 10/1-201) (from Ch. 85, par. 1-201) Sec. 1-201. Unless the context otherwise requires, words and terms used in this Act have the meanings ascribed to them in the following sections of this Part 2. Source: Laws 1965, p. 2983. ) r ILCS 10/1-202) (Ch. 85, par. 1-202) Sec. 1-202. "Employee" i ludes a present or former officer, mem er of a board, commission or committee, agent, volunteer, servant or employee, whether or not compensated, but does not include an independent contractor. Source: P.A. 84-1431.) 745 ILCS 10/1-203) (from Ch. 85, par. 1-203) Sec. 1-203. "Enactment" means a constitutional provision, statute, ordinance or regulation. Source: Laws 1965, p. 2983.) 745 ILCS 10/1-204) (from Ch. 85, par. 1-204) Sec. 1-204. "Injury" means death, injury to a person, or damage to or loss of property. It includes any other injury that a person may suffer to his person, reputation, character or estate which does not result from circumstances in which a privilege is otherwise conferred by law and which is of such a nature that it would be actionable if inflicted by a private person. Injury includes any injury alleged in a civil action, whether based upon the Constitution of the United States or the Constitution of the State of Illinois, and the statutes or common law of Illinois or of the United States. Source: P.A. 84-1431.) 745 ILCS 10/1-205) (from Ch. 85, par. 1-205) Sec. 1-205. "Law" includes not only enactments but also the case law applicable within this State as determined and declared from time to time by the courts of review of this state and of the United States. Source: Laws 1965, p. 2983.) 745 ILCS 10/1-206) (from Ch. 85, par. 1-206) Sec. 1-206. "Local public entity" includes a county, township, municipality, municipal corporation, school district, school board, educational service region, regional board of school trustees, trustees of schools of townships, treasurers of schools of townships, community college district, community college board, forest preserve district, park district, fire protection district, sanitary district, museum district, emergency telephone system board, and all other local governmental bodies. "Local public entity" also includes library systems and any intergovernmental agency or similar entity formed pursuant to the Constitution of the State of Illinois or the Intergovei:nmental cooperation Act as well as any not-for- profit corporation organized for the purpose of conducting public business. It does not include the State or any office, officer, department, division, bureau, board, commission, university or similar agency of the State. The changes made by this amendatory Act of the 94th General Assembly do not apply to an action or proceeding accruing on or 2124 12/10/2019 745 ILLS 101 Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/2-214) Sec. 2-214. Court volunteer. a) In this Section, "volunteer" means a person performing uncompensated services for a court pursuant to a court order, under a program certified by the Chief Judge of the circuit as a court volunteer program. b) A volunteer is not liable for his or her act or omission in performing volunteer services pursuant to a court order, under a program certified by the Chief Judge of the circuit as a court volunteer program, unless the act or omission constitutes willful and wanton conduct. Source: P.A. 90-746, eff. 8-14--98.) 745: P:ARTO3:ILNDEMNI t.3 heading) FICATION OF PUBLIC EMPLOYEES 745 ILCS 10/2.-301) (from Ch. 85, par. 2-301) Sec. 2-301. Nothing in this Part 3 relieves a local public entity of its duty to indemnify or insure its employees as provided in Sections 1-4-5 and 1-4-6 of the Illinois Municipal Code, Sections 10-20.20 and 34-18.1 of The School Code, in Sections 8-20 and 8-21 of The Park District Code, in Sections 7.2 and 7 .3 of "An Act in relation to the creation, maintenance, operation and improvement of the Chicago Park District", approved July 10, 1933, in Section 5-1002 of the Counties Code, and in Section 22 of "An Act in relation to the creation and management of forest preserve districts in counties having a population of less than 3,000,00011, approved June 27, 1913. Source: P.A. 86-1387.) 2--302) (from Ch. 85, par. 2-302) Sec. 2-302. If any claim or action is instituted against an employee of ocal public entity based on an injury allegedly arising out of an act or omission occurring within the scope of his employment as such employee, the entity may elect to do any one or more of the following: a) appear and defend against the claim or action; b) indemnify the employee or former employee for his court costs or reasonable attorney's fees, or both, incurred in the defense of such claim or action; X c) pay, or indemnify the employee or former employee for a judgment based on such claim or action; or d) pay, or indemnify the employee or former employee for, a compromise or settlement of such a claim or action. It is hereby declared to be the public policy of this State, however, that no local public entity may elect to indemnify an employee for any portion of a judgment representing an award of punitive or exemplary damages. If an employee of a local public entity is a defendant in any criminal action arising out of or incidental to the performance of his or her duties, the local public entity shall not provide representation for the employee in that criminal action. However, the local public entity may reimburse the employee for reasonable defense costs only if the criminal action was instituted against the employee based upon an act or omission of that employee arising out of and directly related to the lawful exercise of his or her official duty or under color of his or her authority and that action is dismissed or results in a final disposition in favor of that employee. The provisions of indemnification, as set forth above, shall be justifiably refused by the local public entity if it is 7124 12/17/2019 American Legal Publishing-Online Library 31.019 INDEMNITY PROTECTION AND DEFENSE FOR CITY OFFICERS, OFFICIALS AND EMPLOYEES. A) The city shall defend, indemnify and hold harmless its current and former aldermen, commissioners, officers, officials and employees, as well as representatives serving on other bodies who have been appointed by the City Council, against any civil, criminal or administrative investigation, claims, actions or proceedings, and any judgments, fines, liabilities and other costs thereof, including reasonable attorney's fees and any amounts paid in any settlement concurred in by the city, based upon any act, error or omission that could reasonably be construed to be within the exercise of its lawful duties or scope of employment; except that any willful or wanton conduct shall not be protected by the terms of this section unless there is not an intention to injure or do harm. Any such costs, whether incurred or anticipated, shall require the approval of the City Council in order to qualify for indemnity, except where the city incurs such costs directly. This section shall not apply to provide defense or indewrinificatio n to any such alderman, commissioner, officer, official, employee or representative in any such investigation, claim, action or proceeding instituted by the city against such alderman, commissioner, officer, official, employee or representative. B) The foregoing rights shall not be exclusive of any other rights which any current or former aldermen, commissioners, officers, officials and employees, as well as representatives serving on other bodies who have been appointed by the City Council, may have as a matter of law. The foregoing rights shall, in the case of the death of such alderman, commissioner, officer, official, employee or representative, inure to the benefit of his or her successors. C) The liability of the city for payments hereunder may be insured to the extent permitted by law but to the extent not insured shall be payable out of the funds and moneys of the city. Ord. 06-04, passed 3-6-2006) librarv.amleclal.com/nxt/oalewavAllil11inoishakeferest il/citvofiakeforestillinoiscodeofordinances?f=temnlatedfn=dPfni ill.htm 3 Q.Wd=amlAnal-lakRfnrPc ill Draft December 31, 2019 ORDINANCE NO. An Ordinance Amending Title],Administration, Adding a Chapter 10,Indemnity Protection and Defense for City Officers, Officials and Employees of the City of McHenry's Municipal 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: Chapter 10,Indemnity Protection and Defense for City Officers,Officials and Employees, shall be added to Title 1, Administration, as follows: 1-9-10:INDEMNITY PROTECTIONAND DEFENSE FOR CITY OFFICERS, OFFHCALS AND EMPLOYEES A. The city shall defend, indemnify and hold harmless its current and former mayor, councilmembers, commissioners, officers, officials and employees, as well as representatives serving on other bodies and boards who have been appointed by the City Council, against any civil, criminal or administrative investigation, claims, actions or proceedings, and any judgments,fines, liabilities and other costs thereof, including reasonable attorney's fees and any amounts paid in any settlement concurred in by the City Council, based upon any act, error or omission that could reasonably be construed to be within the exercise of its lawful duties or scope of employment; except that any willful or wanton conduct shall not be protected by the terms of this section unless there is not an intention to injure or do harm. Any such costs, whether incurred or anticipated, shall require the approval of the City Council in order to qualify for indemnity, except where the city incurs such costs directly. This section shall not apply to provide defense or indemnification to any such mayor, alderman, commissioner, officer, official, employee or representative in any such investigation, claim, action or proceeding instituted by the City against such mayor, councilmember, commissioner, officer, official, employee or representative. unless the City Council finds otherwise after the matter is resolved. B. The foregoing rights shall not be exclusive of any other rights which any current or former mayors, councilmembers, commissioners, officers, officials and employees, as well as representatives serving on other bodies who have been appointed by the City Council, may have as a matter of law. The foregoing rights shall, in the case of the death of such alderman, commissioner, officer, official, employee or representative, inure to the benefit of his or her successors. Indemnity Protection, Page 1 Draft December 31, 2019 C. The liability of the City for payments hereunder maybe insured to the extent permitted by law but to the extent not insured shall be payable out of the funds and moneys of the City. 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. Voting Aye: Voting Nay: Absent: Abstain: APPROVED: Mayor Wayne Jett SEAL) ATTEST: City Clerk Passed: Approved: Z:\M\McHenryCityoflOrdinances\IndemnityProtection.doc Indemnity Protection, Page 2 CERTIFICATION do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry,McHenry County,Illinois,and that as such Clerk,I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of 2019, the foregoing Ordinance entitled An Ordinance Amending Title 1, Administration, Adding a Chapter 10, Indemnity Protection and Defense for City Officers, Officials and Employees, of the City of McHenry's Municipal Code, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. including the Ordinance and a cover sheet thereof,was prepared,and a copy of such Ordinance was posted in the City Hall,commencing on the day of 2019,and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of 2019. City Clerk City of McHenry, McHenry County, Illinois SEAL) Zalnck, Coen, Wright &. Saladim, RC. ZCWS.-40 Briny St,Crystal Lake, il,60014 Tax#;36-8488847 Ph:816.459,8800 www,zcwlawmin Fed 1b;36-3488847 Wayne Jett Invoice Date: August 31, 2019 1306 N. Green Street Invoice it: .100557 McHenry, IL 60050 USA Invoice Amount: $2,745.10 t e qU.r ctVat RE: Jett,Wayne- Ethics Violation CE:1CHR 'to;:?i; ," •. 5.;.: ::':. FEES s$oof,.S:exvrces:;: 08/14/2019 r JLJ Meeting with client 0,30 91,50 03/16/2019 TW Research and Draft FOIA request;deliver 0.70 147.00 request to City of McHenry FOIA officer 08/16/2019 LKK Review Complaint, Notices, proposed Ethics 2.30 333,50 Commission Rules; Research Municipal Code provisions; Legal research 08/19/2019 JLJ prepare Appearance and Notice; review 1.60 457.60 documents for hearing and statue; begin preparation for hearing 0.80 116.00 08/20/2019 LKK Continued legal research 08/20/2019 JLJ Finalize preparation for hearing;meeting with 3.50 $1,067.50 client 08/20/2019 JLJ Attend hearing on ethics complaint 1. 0 50 50 Total Hours and Fees 10.80 $2,73131 EXPENSES Da Q":. •.,::._ e'sertptro'`. • .. . . . 1•y ri.o. .rit,. o811 912 0 19 Certified Mall-NO1'and Appearance Total Expenses 13'60 Total Current Fees 2,731.60 Total Current Expenses 13.60 Total Current Charges 2,745.10 Previous Balanoe 0.00 Payments Applied 0.00 BAL'ANGE pUE'2f745:t 1 Invoice Numbor:100557 Page I of 2