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)
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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
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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
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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.
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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
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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
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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.
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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
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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
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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:
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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
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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
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WORK HARD• HAVE FUN •GIVE BACKS°"
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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
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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