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HomeMy WebLinkAboutPacket - 06/15/2020 - 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 Monday, June 15, 2020, 7:00 p.m. In accordance with Section 12 of the May 29, 2020 Disaster Proclamation issued by Illinois Governor JB Pritzker, in-person attendance of more than ten people at the regular meeting location is not feasible; therefore, the City Council will hold the meeting through electronic means. The public can observe by connecting online at: https://cityofmchenry.zoom.us/j/99048845001 The public can also call in to the following number: +1 312 626 6799, Meeting ID = 990 4884 5001 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance 4. Public Comments: If you wish to submit any public comment, please email: dmorefield@cityofmchenry.org in advance of the meeting. The City will attempt to read such public comments during the public commentary portion of the meeting. Any comments received during the meeting will be provided in writing to the Council members after the meeting. 5. Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Resolution Adopting a Non-Discrimination Policy related to the Fair Housing Act; (Director Martin) B. Regarding the Police Department Renovation Project, to 1) approve entering into four (4) Purchase Order Contracts for a total amount not to exceed $125,767.00; 2) purchase building materials and electrical equipment in an amount not to exceed $28,083.48; and, 3) enter into a purchase agreement with Trane for an amount not to exceed $28,157.29; (Chief Birk, Director Polerecky) C. June 1, 2020, City Council Meeting Minutes; D. Issuance of Checks in the amount of $426,534.19; E. Issuance of As Needed Checks in the amount of $472,834.24. 6. Individual Action Item Agenda. A. Motion to approve or deny a Class A Liquor License to Ye Olde Corner Tap Corporation, 3901 Main Street; and, if approved, the adoption of an ordinance increasing the number of Class A Liquor Licenses from 37 to 38. (Mayor Jett) B. Motion to approve or deny a Video Gaming License to Ye Olde Corner Tap Corporation, 3901 Main Street, contingent on the action taken on Agenda Item 5.A. (Mayor Jett) C. Motion to approve an Intergovernmental Agreement for Orchard Beach Road. (Director Strange, Attorney McArdle) 7. Discussion Items. A. Water and Sewer Rates (Director Lynch - Supplement) B. Annexation of Unincorporated Parcels (Director Martin - Supplement) C. Mayoral Authority During Local State of Emergency (Council – No Supplement) 8. Staff Reports 9. Mayor’s Report 10. City Council Comments. 11. Executive Session if Needed. 12. Adjourn. The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further information, please contact the Office of the City Administrator at 815-363-2108. 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 _�- Economic Development a, F McHenry Municipal Center 333 Green Street v McHenry, Illinois 60050 [cHenr Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: June 15, 2020 Regular City Council Meeting RE: Resolution Adopting a Non -Discrimination Policy ATT: Resolution adopting a Non -Discrimination Policy Attached is a Resolution Authorizing Execution of a Resolution adopting a Non -Discrimination Policy. Specifically, this refers to the Fair Housing Act. Many of the grants the City applies for require the City adopt such a resolution as a condition of applying for the grant. If the City Council concurs, it is recommended the attached resolution be approved. Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us ORDINANCE R-20- A RESOLUTION ADOPTING A NON-DISCRIMINATION POLICY 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: It is the policy of the City of McHenry ("City") to comply with Title VIII of the Civil Rights Act of 1968 as amended, (commonly known as the Fair Housing Act) by ensuring that its zoning and land use decisions do not discriminate against persons based on race, color, religion, national origin, disability, familial status or sex. This policy means that, among other things, the City and all its officials, agents and employees will not discriminate in any aspect of housing based on these protected class characteristics. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY OF MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein. SECTION 2: The Mayor and City Council of the City of McHenry hereby approve and adopt the Non -Discrimination Policy, attached hereto as Exhibit A and made a part hereof. SECTION 3: Any policy, resolution or ordinance of the City that conflicts with the provisions of this Resolution or the attached Policy shall be and is hereby repealed to the extent of such conflict. SECTION 4: That the City Clerk is hereby ordered and directed to publish this Resolution in pamphlet form, and this Resolution shall be in full force and effect from and after its passage, approval, and publication as required by law. PASSED and APPROVED this 15h day of June 2020. Voting Aye: Voting Nay: Abstained: Not Voting: Absent: ATTEST: City Clerk Mayor Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us Exhibit A Non -Discrimination Policy a) Making unavailable or denying a dwelling to any person based on race or color; b) Discriminating against any person in the terms, conditions or privileges of a dwelling, or in the provision of services or facilities in connection therewith based on race or color; c) Making, printing, or publishing or causing to be made, printed, or published any notice, statement, or advertisement, with respect to a dwelling that indicates and preference, limitation, or discrimination based on race or color; d) Representing to persons because of race or color that any dwelling is not available when such dwelling is in fact so available; e) Interfering with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right protected by the Fair Housing Act; f) Interfering with the funding, development, or construction of any affordable housing units because of race or color; and g) Discriminating on the basis of race or color in any aspect of the administration of its zoning, land use, or building ordinances, policies, practices, requirements, or processes relating to the use construction, or occupancy of dwellings. MCHeni, John R. Birk, Chief of Police McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 jbirk@cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: June 15th, 2020 TO: Mayor and City Council FROM: John R. Birk, Chief of Police Ross Polerecky, Director of Community Development RE: Approval to purchase building material and enter into Purchase Order Contracts for Phase 2 of Police Station Renovation Item Summary: Staff is seeking Council's approval to purchase raw building material, electrical fixtures, and HVAC equipment direct from suppliers and to enter into multiple purchase order contracts for Phase 2 of the Police Department renovation project. Background: On May 4th, City Council passed an ordinance allowing Staff to waive the sealed competitive bid process for the future work that would be done in the Phase 2 Police Department Renovation Project. As a result, this allowed staff to use individual prevailing wage purchase orders with terms and conditions to complete the work needed in the Phase 2 project. With such, Staff sought out local companies that have a strong relationship with our community and have the experience and expertise needed to complete this project. The following companies were contacted and they all conducted site reviews and plan reviews with Staff. Each of these companies provided a work quote for their specific trade. Prime Crew Builders Inc. (McHenry, IL), Wm. Tonyan & Sons Inc. (McHenry, IL), S.H Freund Inc. (McHenry, IL), McHenry Plumbing Inc. (McHenry, IL), Hartwig Plumbing Inc. (Harvard, IL), Hartwig Heating Inc. (Harvard, IL), McHenry Heating & Air Inc. (McHenry, IL), Associated Electric (Woodstock, IL) and Benson Electric (Crystal Lake, IL). In addition, Staff is also seeking to purchase raw building material, electrical fixtures and HVAC Equipment direct from suppliers and manufacturers to eliminate additional markups through third parties. 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. Analysis: In reviewing each quote, Staff confirmed they included all the elements of the project required. The quotes are as follows: Trade Company Location Quote General Carpentry Prime Crew Builders Inc. McHenry, IL $92,600.00 General Carpentry Wm. Ton an and Sons Inc. McHenry, IL $51,350.00 General Carpentry S.H. Freund & Son Inc. McHenry, IL $46,469.00 Plumbing McHenry, Plumbing Inc. McHenry, IL $34,500.00 Plumbing Hartwig Plumbing Inc. Harvard, IL $26,500.00 HVAC Hartwig Heating Inc. Harvard, IL $31,400.00 HVAC McHenry Heating & Air Inc. McHenry, IL $24,965.00 Electric Associated Electric Woodstock, IL $43,990.00 Electric Benson Electric Crystal Lake, IL $27,833.00 In reviewing each quote, staff found the following companies to provide the most competitive quotes for work to be done: 1. S.H. Freund & Son Inc. ($46,469.00) 2. Hartwig Plumbing Inc. ($26,500.00) 3. McHenry Heating & Air Inc. ($24,965.00) 4. Benson Electric ($27,833.00) Included in this supplement are quotes from Foundation Building Material Inc. (FBM) in the amount of $20,965.97 for the raw building materials required and from Crescent Electric for all the light fixtures and switches required in the amount of $7,117.51. The HVAC equipment required was priced direct from Trane Inc., who is our authorized equipment vendor for the Municipal Center Building. Trane provide a price quote of $28,157.29 for all the required equipment plus labor to program once it is installed. It should be noted that this pricing was previously competitively bid through a Co-op Contract (USC 15-JLP-023). Attached to this supplement are: (1) the proposed Purchase Order Contracts for each of the four identified companies, (2) material quotes from FBM and Crescent Electric and (3) a written purchase proposal from Trane Inc. Recommendation: Therefore, if Council concurs, it is recommended that a motion be made to 1) approve entering into four (4) Purchase Order Contracts for a total amount not to exceed $125,767.00; 2) purchase building materials and electrical equipment in an amount not to exceed $28,083.48; and, 3) enter into a purchase agreement with Trane for an amount not to exceed $28,157.29 for the Police Department Renovation Project. CRESCENT Page : 1 of 5 E L E C T R I C Expiration Date: 06/26/20 SUPPLY COMPANY p Quotation TO: Project Info: CITYOF-MCH CITY OF MCHENRY Project: MCHENRY POLICE DEPARTMENT 2ND Attn:ROSS POLERECKY Job #: 188453 333 S GREEN ST Bid Date: 05/27/20 MCHENRY, IL 60050-5495 Bid Time: 02:00 PM CDT Quoter: ANTHONY TARELLO III ype Quantity Vendor Description Unit or Lot# Unit Price Ext Price Crescent Electric and Subsidiaries reserve the right to amend, withdraw or otherwise alter this submission without penalty or charge as a result of any event beyond its control arising from or due to the current COVID-19 epidemic or events subsequent to this epidemic / pandemic including changes in laws, regulations, by laws or direction from a competent authority. NOTE 0 ****REVISED 5/28/2020**** Unit 0.000/EA 0.00 NOTE 0 *** Due to tariff related price increases all Unit 0.000/EA 0.00 quotes are subject to change without notice *** NOTE 0 CONTRACTOR IS RESPONSIBLE FOR Unit 0.000/EA 0.00 CONFIRMING PART NUMBERS AND QTY'S. ALL ITEMS QUOTED ARE SUBJECT TO APPROVAL. ANY DEVIATION WILL REQUIRE A RE -QUOTE. Al 9 LITHONIA EPANL 2X4 3000LM 80CRI 35K MIN1 EZT Unit 111.244/EA 1,001.20 MVOLT A2 13 LITHONIA EPANL 2X4 4000LM 80CRI 35K MIN1 EZT Unit 111.244/EA 1,446.17 MVOLT A2-GTD 2 LITHONIA EPANL 2X4 4000LM 80CRI 35K MIN1 EZT Unit 306.626/EA 613.25 From: CRESCENT MC HENRY, IL MAIN 815-344-3990 812 N MILL ST MCHENRY, IL 60050-5336 Printed By: ANTHONY TARELLO III Anthony Tarello III 812 N Mill Street Mchenry, IL 60050 \ 815-344-3990 Notes CRESCENT ELECTRIC SUPPLY COMPANY Page : 2 of 5 )ject: MCHENRY POLICE DEPARTMENT ;xpiration 06/26/; `ype Quotation Quantity Vendor Description LOT # Unit Price Ext Price 277 GTD BSE10 W/ GENERATOR TRANSFER DEVICE A2A 2 LITHONIA EPANL 2X4 4000LM 80CRI 35K MINI EZT Unit 111.244/EA 222.49 MVOLT A2A 2 LITHONIA DGA24 Unit 41.323/EA 82.65 A3 5 LITHONIA EPANL 2X4 480OLM 80CRI 35K MIN1 EZT Unit 124.933/EA 624.67 MVOLT EX 3 LITHONIA LQM S W 3 R 120/277 M6 Unit 42.186/EA 126.56 A-2X2 9 LITHONIA EPANL 2X2 2000LM 80CRI 35K MIN1 EZT Unit 82.466/EA 742.19 MVOLT 0 Unit 0.000/EA 0.00 KSA NOTES 0 CONTROLS MATERIAL AND COUNTS Unit 0.000/EA 0.00 BASED ON DRAWINGS E1.1.1 AND E2.1.1 DATED 02/07/2020. KSA NOTES 0 IT IS THE RESPONSIBILITY OF THE EC AND Unit 0.000/EA 0.00 ENGINEER OF RECORD TO ENSURE THIS BOM MEETS ALL END USER AND CODE REQUIREMENTS. KSA NOTES 0 IT IS ASSUMED THAT ALL EM FIXTURES Unit 0.000/EA 0.00 HAVE INTEGRAL BATTERY PACKS OR ARE TO BE UNSWITCHED. IF THIS IS NOT ACCURATE, PLEASE REQUEST A REVISED QUOTE. KSA NOTES 0 IT IS ASSUMED THAT ALL DIMMING Unit 0.000/EA 0.00 FIXTURES DIM VIA 0-10V DIMMING. IF THIS IS INCORRECT PLEASE REQUEST A REVISED QUOTE. KSA NOTES 0 ALL GENERATOR TRANSFER DEVICES Unit 0.000/EA 0.00 (GTD) TO BE PROVIDED BY OTHERS. KSA NOTES 0 NLIGHT CONTROLS WILL WORK ON Unit 0.000/EA 0.00 CHANNEL 1 OUT OF THE BOX. IF SITE PROGRAMMING IS REQUIRED PLEASE ASK FOR AN SSI QUOTE. �CRESCENT EIECTRIC SUPPLY COMPANY Page : 3 of 5 Project: MCHENRY POLICE DEPARTMENT Expiration 06/26/20 Quotation Type Quantity Vendor Description LOT # Unit Price Ext Price 1 LITHONIA LOT CONTROLS CONSISTING OF CONTROL 2,258.330 2,258.33 $XP 3 LITHONIA WSX PDT XX Wall Switch Sensor, Passive CONTROL Dual Technology $XPSA 3 LITHONIA WSX PDT SA XX Wall Switch Sensor, Passive CONTROL Dual Technology, Vacancy (default) or Auto -On n$ 2 LITHONIA NPODM XX Low Voltage Push -Button Wallpod CONTROL n$D 5 LITHONIA NPODM DX XX Low Voltage Push -Button CONTROL Wallpod, Raise/Lower Dimming nCP10 7 LITHONIA NCM PDT 10 RJB Low Voltage Ceiling Mount CONTROL Sensor, Passive Dual Technology, Large Motion / Extended Range 360 Lens nP 1 LITHONIA NPP16 EFP Power/Relay Pack, External Fault CONTROL Protection nPSA 1 LITHONIA NPP16 EFP SA Power/Relay Pack, External CONTROL Fault Protection, Vacancy (default) or Auto -On nDPSA 3 LITHONIA NPP16 D EFP SA 0-10VDC Dimming, CONTROL Power/Relay Pack, Occupancy Controlled Dimming, External Fault Protection, Vacancy (default) or Auto -On CRESCENT ELECTRIC SUPPLY COMPANY AND SUBSIDIARIES TERMS AND CONDITIONS OF QUOTATION 1) Buyer understands and agrees that all quotations and accepted orders by Crescent Electric Supply Company and Subsidiaries (Seller) are expressly conditioned upon these terms and conditions (Terms and Conditions of Quotation). Furthermore, your acceptance of this quotation indicates that you have also read, and agree, to the Crescent Electric Supply Company and Subsidiaries Terms and Conditions of Sale (Terms and Conditions of Sale) which are deemed automatically incorporated into any and all purchase orders. 2) Prices are firm for 10 days unless otherwise noted. As to all other terms, until signed and returned, the quotation is merely a quotation of sales prices. The quotation and tender will be deemed accepted only if signed and returned within ten days after receipt; otherwise, it shall have no effect. 3) Seller is not required to accept Buyer's orders. Any purchase order pursuant to Seller's quotation shall not result in a contract until it is accepted by Seller and acknowledged by it or its authorized representative. 4) This quotation is contingent upon Buyer meeting the financial qualifications established by Seller. Buyer shall CRESCENT ELECTRIC Quantity Vendor Description Page : 4 of 5 Project: MCHENRY POLICE DEPARTMENT Expiration 06/26/2011 Quotation LOT # Unit Price Ext Price supply Seller with such credit information as Seller may reasonably request in order to qualify Buyer for the rights under any Purchase Order Agreement. 5) If the manufacturer requires a deposit or full payment to be made to them at the time of order placement or release, those same requirements will be passed on to the Buyer, which Buyer accepts. 6) The quotation does not include accessory equipment, stems, mounting bars, mounting hardware, spares or plaster frames or any fitting -up charges which cover the manufacture or operating cost of the necessary tools and fixtures required to fill the order unless such items are listed or published as standard components in the manufacturer's specifications. 7) The quotation is made for the listed types and quantities only and all descriptions, items, totals and quantities are listed for your convenience only. Seller is not bound by any specifications, drawings, notes, instructions, engineering notices, technical data or any other document referred to in a Purchase Order by Buyer, and shall not be deemed to be incorporated by reference in any document or order by Buyer, unless a full copy is provided to Seller and such terms are approved and accepted in writing by Seller. Take -offs are not guaranteed. All items, including equals, are subject to approval by the Specifier. 8) Special orders may not be subject to return for credit. Return privileges, if available, on special order material will involve restocking charges. 9) Prices do not include taxes for sales, use, property, excise, freight or other tax charges, which are Buyer's responsibility. 10) If the quotation is accepted and Buyer's order form is used for the purpose, it is expressly understood and agreed that these terms and conditions, including the Terms and Conditions of Sale, shall prevail if they conflict in any way with the terms and conditions set forth in such order form, and the issuance of such order by Buyer shall be deemed to note Buyer's assent to this condition. 11) BUYER AGREES TO AND ACKNOWLEDGES RECEIPT OF THESE TERMS CONDITIONS WHETHER IN HAND DELIVERED OR THROUGH VIEWING ONLINE AT www.cesco.com, where copies of the Terms and Conditions of Quotation, Terms and Conditions of Sale and Application for Open Account Privilege are available. Buyer may also request additional copies by contacting the Corporate Finance Manager of Seller directly at (815) 747-3145. Revision: Approved February 7, 2014 CRESCENT ELECTRIC SUPPLY COMPANY Page : 5 of 5 Project: MCHENRY POLICE DEPARTMENT Expiration 06/26/20, Quotation type Quantity Vendor Description LOT # Unit Price Ext Price I From: CRESCENT MC HENRY, IL MAIN 815-344-3990 812 N MILL ST MCHENRY, IL 60050-5336 Printed By: ANTHONY TARELLO III Anthony Tarello III 812 N Mill Street Mchenry, IL 60050 815-344-3990 Notes Total 7,117.51 l' BRANCH 3121 97G PROCTOR DR EIKHORN WI 53121-2024 (2621723.3166 PH �s (262)723-3195 FX Foundation Building Materials Founded on Principle • Built with Purpose RETURN SERVICE REQUESTED 1 IIIIII I IIIII 1 I IIII III 11111 NI 111111111 IIII 1 IIIII IIII III QUOTATION QUOTATION # 45119904-00 CUSTOMER PO #_ MCHENRYPD-2NDFLRI I PAGE_ 1 QUOTE DATE JOB # / NAME 04/24/20 PROMISED DATE SHIP VIA ORDER TAKEN BY 05/30/20 Our Truck Fry, Ben TERMS ORDERED BY SALES REP JOHN Elkhorn, WI H SHIP TO: MCHENRY PD - 333 S GREEN ST CUST #: BILL TO: CASH CUSTOMER-ELKHORN WI MCHENRY POLICE DEPT 245 333 S GREEN ST MCHENRY, IL 60050-5494 QUOTATION EXPIRES 30 DAYS FROM QUOTE DATE Line QTY Sell Product Code Weight UOM UOM Price Sub No. Ord Unit Product Description Qty Unit ($) Total ($) 1 140 PC S362S162-33-14 16%88 1.960 MLF 867.00 1699.32 20GA 33MIL 3-5/8" STUD 1-5/8FL 14FT 2 20 PC T362T125-33-10 134.48 0.200 MLF 699.00 139.80 20GA 3-5/8 STR TRK 1-1A 1 OFT 3 20 PC T362T200-33-10 190.18 0.200 MLF 876.00 175.20 20GA 3 5/8 STR TRK 2" FL 1 OFT _ 4 210 PC S362S125-19-14 1478.29 2.940 MLF 473.00 1390.62 20GA EQ 3 5/8" DW STUD 14FT 5 30 PC T362T125-19-10 140.60 0.300 MLF 461.00 138.30 20GA EQ 3 5/8" DW TRACK 1-1/4" LEG 10FT _ 6 30 PC T362T200-19-10 175.74 0.300 MLF 591.00 177.30 20GA EQ 3 5/8 TRACK 2 FL 1 OFT 7 10 PC S250S125-19-14 58.09 0.140 MLF 394.00 55.16 20GA EQ 2 1/2" DW STUD 14FT 8 2 PC T250T125-19-10 7.62 0.020 MLF 383.00 7.66 20GA EQ 2 1/2" DW TRACK 1-1/4" LEG 10FT 9 20 PC CRC150-54-16 150.00 0.320 MLF 487.00 155.84 16GA 1 1/2" COLD ROLLED 16FT 10 98 SHT D58MMIR12-N 13641.60 4.704 MSF 880.00 4139.52 5/8" 4X12' XP HI IMPACT - NATIONAL GYP 11 90 SHT D58F12-GP 9763.20 4.320 MSF 340.00 1468.80 5/8" 4X12' FC TYPE X GEORGIA PACIFIC 12 20 SHT D58MM12-GP 2140.80 0.960 MSF 440.00 422.40 5/8" 4X12' FC MOLD GUARD GEORGIA PACIFIC 13 30 SHT DCB580305-N 1687.95 0.450 MSF 1090.00 490.50 5/8" 3X5' CEMENT BOARD NATIONAL GYP PERMABASE 14 36 BAG SAFB2.0-16-TF 1209.60 2.880 MSF 410.00 1180.80 THERMAFIBER 2" X 16" SAFB 2.5# (80) 15 20 BAG R11U-1696-KN 640.00 3.413 MSF 220.00 750.95 R11 U 16X96 UNFACED B81 EV (170.67) 5/UNIT 16 48 CTN CTA1911A 2496.00 2.304 MSF 1560.00 3594.24 ARM ULTIMA 2X2 BEV TEG 15/16" (48'/CTN) WHITE 17 12 CTN CTA3253E 246.00 0.384 MSF 4485.00 1722.24 ARM OPTIMA 2X2X1-1/2 SO TEG 15/16" (32'/CTN) WHT Continued ( A signed purchase order is due within 30 days of the order date that appears on this quotation. Otherwise, we reserve the right to terminate this quotation and / or issue a replacement quote. A transportation surcharge will be applied for each delivered order. 9f BRANCH 3121 975 PROCTOR rR ELKHORN wi 631212024 (262) 723.3166 PH (262) 723-3!95 =X Foundation Building Materials rounded on Principle • Built with Purpose RETURN SERVICE REQUESTED 1111111111111111 1III111111111111111 11111111111II 1111 QUOTATION QUOTATION # CUSTOMER PO _ _PAGE_ 45119904-00 MCHENRY PD - 2ND FLR 2 QUOTE DATE JOB # / NAME 04/24/20 PROMISED DATE SHIP VIA ORDER TAKEN BY 05/30/20 Our Truck Fry, Ben TERMS ORDERED BY SALES REP JOHN Elkhorn, WI H SHIP TO: MCHENRY PD - 333 S GREEN ST CUSTM BILL TO: CASH CUSTOM ER-ELKHORN WI MCHENRY POLICE DEPT 245 333 S GREEN ST MCHENRY, IL 60050-5494 QUOTATION EXPIRES 30 DAYS FROM QUOTE DATE Line QTY Sell Product Code Weight g UOM UOM Price Sub No Ord Unit Product Description Qty Unit ($) Total ($) 18-° 60 PC CGA7300-PC 153.00 0.720 MLF 560.00 403.20 ARM PRELUDE XL 12' MAIN 15/16" (20/CTN) WHITE 19'' 360 PC CGAXL7328-PC 126.00 0.720 MLF 540.00 388.80 ARM PRELUDE XL 2' TEE 15/16" EXP (60/CTN) WH 20 360 PC CGAXL7348-PC 237.60 1.440 MLF 540.00 777.60 ARM PRELUDE XL 4' TEE 15/16" (60/CTN) WHITE 21'° 60 PC CGA7809 99.96 0.720 MLF 380.00 273.60 ARM WALL MOLD 12' 15/16" (30/CTN) WHITE 22 3 BDL HW12-12-100PC 102.00 3.000 BDL 54.00 162.00 12' HANGER WIRE 12GA (100/BDL) 23 1 TX 0.00 1.000 WE APPRECIATE YOUR BUSINESS - THANK YOU Total Drywall MSF on this order: 10.434 MSF Total 19713.85 Total Steel MLF on this order: 6.380 MLF Fuel SC 20 20.00 Total Weight of this order: 36539 Taxes 1232.12 Qty Shipped Total: 1680 Order Total 20965.97 Last Page ( A signed purchase order is due within 30 days of the order date that appears on this quotation. Otherwise, we reserve the right to terminate this quotation and / or issue a replacement quote. A transportation surcharge will be applied for each delivered order. CITY OF McHENRY PURCHASE ORDER NO. 2020-03 (Prevailing Wages Apply) Project: City of McHenry Police Department Second Floor Buildout Location: City of McHenry 333 South Green Street McHenry, Illinois 60050 Owner Contractor City of McHenry S.H. Freund & Son Inc. 333 South Green Street PO Box 13 McHenry, Illinois 60071 McHenry, Illinois 60050 Phone: (815) 363-2100 Phone: (815) 385-1038 Contact: Ross Polerecky, Dir. of Community Development Fax: (815) 363-4231 r olereck @ci ofmchenr .or Contact: COST OF WORK The Contract Price of the Work under this Purchase Order is based on time and materials and shall not exceed $45,204.00 or $46,469.00 if Alternate Bid, Ciber Crime Room Fi-Foil, is selected by Owner. SCOPE OF WORK: Contractor shall furnish labor and materials necessary to complete the following work/items, collectively, ("Work"): see Contractor's Proposal dated May 1, 2020, attached hereto and incorporated herein. NOTES: A. Changes to the project scope, affecting materials and/or labor required to complete the Work noted above and resulting in additional cost, will require revisions to this Purchase Order and Owner's approval prior to proceeding with the work. B. The Contract Price is based upon Work being performed during our normal business hours — Monday through Friday, 7a.m. — 3:30p.m. C. Payment and performance bonds by Contractor are waived. D. No retainage shall be required. 1. Acceptance of Purchase Order. The Purchase Order is an offer to contract, buy or rent and not an acceptance of an offer to contract, sell or rent. Acceptance of this Purchase Order is expressly limited to the terms hereof, and in the event that Contractor's Proposal or Contractor's acknowledgment or other response hereto states terms additional to or different from those set forth herein, this Purchase Order shall be deemed a notice of objection to such additional or different terms and rejection thereof. This Purchase Order may be accepted by the commencement of any work hereunder or the delivery of any goods herein ordered, and, in any event, shall be deemed accepted in its entirety by Contractor unless Owner is notified to the contrary within ten (10) days from its date of issue. This Purchase Order contains the entire agreement between the parties. Any modification or recession thereof must be in writing and signed by Owner. No proposals or prior dealings of the parties or trade custom not embodied herein shall alter the interpretation or enforcement of this Purchase Order. 2. Familiarity with Site Conditions: Qualifications. Contractor acknowledges that it has examined and is familiar with the site conditions surrounding the proposed Work and is aware of, and satisfied with, the requirements of this Purchase Order. Contractor represents to Owner that it is fully experienced and properly qualified as an expert to perform the class of Work provided for herein, and that it is properly equipped, organized and financed to handle such work. Contractor shall finance its own operations hereunder, shall operate as an independent contractor and not as the agent of Owner, and shall hold Owner free and harmless from all liability, costs and charges by reason of any act or representations of Contractor, its agents or employees. 3. Extras and Change Orders. No claim by Contractor that any instructions, by drawing or otherwise, constitute a change in Contractor's performance hereunder, for which Contractor should be paid additional compensation shall be valid, unless prior to commencing such allegedly extra or changed performance. Contractor shall have received a written supplement to this Purchase Order authorizing such performance signed on behalf of Owner by a person have actual authority to do so. No claim for additional compensation on the basis that Contractor has incurred any expense by reason of any act or failure to act or Owner or its contractor, subcontractor, materialmen or any other party shall be valid unless made in writing within 30 days of the alleged act or failure to act and approved in writing by Owner, provided however, that if the Contractor should be delayed in furnishing the articles, items, equipment or materials (hereinafter sometimes referred to as "goods") or services or work (hereinafter sometimes referred to "Work") ordered herein, by the omission neglect or default of Owner, its agents or employees, Contractor shall be entitled to no additional compensation or damages for such delay, and shall be entitled only to an extension of time for a period equal to the time lost as a result of the aforesaid causes, determined by Owner. Any charges for extra not so authorized will not be paid. 4. Inspection and Acceptance. Owner shall have the right at all reasonable times to inspect and test all goods, materials or work furnished by Contractor and all work performed or furnished by Contractor. Notwithstanding any prior inspection, the passage of title or any prior payment, all goods, material and work furnished there under are subject to final inspection and acceptance by Owner at its job site. If, after inspection, Owner rejects any goods furnish by Contractor there under, Owner may, at its election, return those goods to Contractor at Contractor's expense, including the cost of any inspection and testing thereof. If Contractor fails to proceed promptly with the correction or replacement of any rejected goods or work, Owner may replace or correct such items or work by purchase or manufacture and charge the cost Page 1 of 6 incurred thereby to Contractor or terminate this Purchase Order for default in accordance with paragraph 7 herein. By inspecting and not rejecting any goods and work furnished there under, Owner shall not be precluded thereby from subsequently revoking its acceptance thereof it the goods or work are later discovered to be nonconforming with this Purchase Order or the specifications and drawings applicable hereto, even if the defect does not substantially impair value to Owner. 5. Taxes, Delivery, Risk of Loss. Unless indicated to the contrary on the face hereof, it shall be the responsibility of Contractor to arrange for and complete delivery of all goods or materials. If the goods or materials furnished there under are equipment, Contractor shall give Owner two (2) working days' advance notice of delivery. All goods or materials furnished by Contractor should be shipped in the manner and at the times indicated on the face hereof at the expense of Contractor, it being understood that the risk of loss with respect to such goods is with Contractor until such goods come into the actual possession of Owner, regardless of the mode of delivery or earlier passage of title. This Project is tax exempt. The Owner's tax-exempt number is: E9995-0881- 07. 6. Payment. A. Upon completion of the Work and prior to issuance of any payments by the Owner to the Contractor, the Contractor shall furnish to the Owner (in a form suitable to the Owner) an invoice for payment then due, together with receipts, waivers of claim and other evidence showing the Contractor's payments for materials, labor and other expense incurred in the Contractor's Work hereunder. B. Owner may withhold the whole or any part of any payment due to the Contractor to the extent necessary to protect and indemnify the Owner from loss on account of (a) defective work not remedied, (b) claims filed or reasonable evidence indicating probable filing of claims, (c) failure of the Contractor to make payments promptly for material or labor, or (d) Contractor's failure to furnish Owner with all written warranties and operational manuals for the Work. C. Contractor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the Contractor under this Purchase Order for all amounts owing from the Contractor to (a) the Owner for back -charges or services furnished for the account of the Contractor, (b) the Owner for damages sustained whether through negligence of the Contractor or through failure of the Contractor to act as may be otherwise detailed herein, (c) material men, (d) subcontractors, (e) laborers, and (f) others for services and materials furnished to the Contractor for the Work performed under this Purchase Order, and (2) to apply the amount so deducted to the payment of said materials, services, damages or back -charges applying such monies so available in the order hereinbefore set forth. D. Owner, without invalidating this Purchase Order, may make changes by altering, adding to or deducting from the Work to be performed. The value of any such changes will be determined as follows: (a) by the unit prices named in this Purchase order, if any, or (b) by agreement in writing between the Owner and the Contractor as to the value of the time and materials for the changes in the Work. In any event, the Contractor will keep and present, in any form as the Owner may direct, a correct account of the net cost of any extra labor and materials, together with vouchers referring to the same. E. Notwithstanding the payment in full for the Work hereunder, the Contractor will be liable to repair or replace any imperfect workmanship or other faults; and if the Contractor fails to repair or replace the imperfect workmanship or other faults, the Owner may do the Work and recover from the Contractor the cost and expense thereof. No payment on account will be construed or considered as an approval of the Work for which payment is made. 7. Contractor Warranty. Contractor warrants in addition to all warranties which are imposed or implied by law or equity that all materials and work furnished there under (i) shall confirm to any specifications and drawings applicable to this Purchase Order, (ii) shall be merchantable and of good quality and workmanship, (iii) shall be fit for the purpose intended as well as the purpose for which such goods, materials or work are generally used, and (iv) shall be free from defects for a period of one (1) year or such longer period as is specified in the contract documents, from the date any such goods, materials or Work hereunder is accepted in writing by Owner. Contractor expressly agrees that the statue of limitations with respect to Contractor's warranties shall begin to run on the date of acceptance by Owner. Contractor further indemnifies and holds the Owner harmless from all claims, liens, fees and charges and payment of any obligations arising thereunder. 8. Insurance. Contractor shall at all times maintain business automobile, commercial liability and workers compensation insurance covering its work and all obligations under this Purchase Order, and shall name the Owner as an additional insured on its commercial liability insurance policies for Contractor operations under this Purchase Order. Liability insurance limits shall be in an amount sufficient to protect the Owner's interests as they may appear herein, but in no event less than $1,000,000.00 per occurrence. 9. Indemnity. Contractor hereby agrees to indemnify Owner for any loss, expense, recovery or settlement, including counsel fees and costs of defense which arise from any demand, claim (whether frivolous or not) or suit which may be asserted or brought against Contractor or Owner as a result of any injury or damage to any person or persons (including death) or property (i) allegedly caused by, resulting form, arising out of or occurring in connection with the furnishing of any goods, materials or work or the performance or preparation for performance of any of the work or any duties of the Contractor hereunder, or incident or pertaining thereto, and (ii) whether or not such injury or damage is due to or chargeable to any alleged negligence of Owner or any contractor or subcontractor under a contract from which the goods, materials or work is herein ordered are required, or the alleged negligence of any employee of Owner or aforesaid contractor or subcontractor, including but not limited to any claim based on liability without fault for injury caused by defective goods, materials or work supplied by Contractor. Further, A. Contractor acknowledges that any such items or work furnished hereunder may include in whole or in part with or without modification or improvements in equipment, machinery or items constructed by Owner, and that should such item or work prove defective such charges claimed by Owner shall include consequential damages, penalties, taxes or assessments (including punitive damages), including counsel fees and the costs of defense, which may be imposed or incurred under any federal, state or local law, ordinance or regulation upon or with respect to (i) the payment of compensation to any individual employed by Contractor, (ii) any discrimination against any individual employed by Contractor on the basis of race, color, religion, sex, national origin or physical or mental handicap, (iii) the protection of purchasers and users of consumer products, or (iv) occupational safety and health, and Page 2 of 6 B. In any and all claims against Owner or any of its agents or employees, by any employee of Contractor, the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor under workers' compensation acts, disability benefits acts or employee benefit acts, or other applicable law. Contractor assumes the entire liability for its own negligence and as part of this Purchase Order waives all defenses available to Contractor as an employer which limit the amount of Contractor's liability to Owner to the amount of Contractor's liability under any workers' compensation, disability benefits or employee benefit acts. 10. Cancellation. Time of delivery of this Purchase Order is of the essence and Owner may, by written notice of default to Contractor, cancel the whole or any part of this Purchase Order (i) if Contractor fails to make delivery of the goods or perform the services within the time specified herein or any extensions thereof, or (ii) if Contractor fails to perform or so fails to make progress as to endanger performance there under, and in either circumstance does not cure such failure within a period of two (2) business days after receipt of notice from Owner specifying such failure. Owner, by written notice to Contractor, may cancel the whole or any part of this Purchase Order when it is in the best interest of Owner or when Owner has been notified of modification of the specifications pertaining thereto. If this Purchase Order is so canceled, the Contractor shall be compensated for such canceled as follows: (a) for materials delivered and services performed as the reasonable value as part of the Contract Price; (b) for materials not identified to this Purchase Order and service not performed, no compensation; and (c) for Contractor's lost profits or incidental or consequential loss, no compensation. 11. Owner's Remedies. Contractor shall, for the duration of its warranties under paragraph 7 herein, at the discretion of Owner and at the expense of Contractor, replace, repair and insure any and all faulty or imperfect goods, materials or work furnished or performed by Contractor there under. In the event Contractor fails to do so, Owner may furnish or perform the same and recover materials from Contractor the cost and expense directly or indirectly resulting there from, including all consequential damages but not limited to the cost or expense of inspection, testing, removal, replacement, re -installation, destruction of other materials resulting there from and any increased cost or expense to Owner in its performance under contracts with others, plus 15% of all such costs or expenses for overhead. The foregoing remedies shall be available in addition to all other remedies available to Owner in equity or at law including the Uniform Commercial Code. 12. Compliance with Laws. During the performance hereunder, Contractor agrees to give all notices and comply with all Laws and Regulations of the United States and/or the State of Illinois applicable to the performance of the Work, including but not limited to those Laws and Regulations regarding the payment of prevailing wages, non-discrimination laws, employment of Illinois workers, labor, wage and collective bargaining. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. 13. Prevailing Wage Act Applies. The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq., and that not less than the prevailing rate of wages as found by the Owner, the Department of Labor or as determined by the court on review shall be paid to all laborers, workers, and mechanics performing work on this Project. To the extent that there are any violations of the Illinois Prevailing Wage Act and any demands are made upon the Owner by the Illinois Department of Labor or by any employee of the Contractor or a Subcontractor performing Work on the Project, the Contractor shall be responsible for indemnifying and holding the Owner free and harmless from all costs, liability or damages incurred, directly or indirectly, by the Owner including attorneys' fees, in responding to and complying with demands made by the Department of Labor or an aggrieved employee and such amounts may be withheld from the payments to be made on the Project. It is the intention that the Owner shall suffer no time loss or other additional expenses in complying with any inquiry made with regard to the Illinois Prevailing Wage Act. 14. Human Rights Act Applies. The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the Illinois Human Rights Act, 775 ILCS 10/0.01, et seq. 15. Drug Free Workplace Applies. The Owner hereby notifies Contractor and Contractor certifies that it will provide a drug free workplace and that it is in compliance with the requirements of the Illinois Drug Free Workplace Act. 30 ILCS 580/1, et seq. Upon request, Contractor shall execute a certification in compliance with the Owner's drug -free workplace policy and/or the Illinois Drug -Free Workplace Act as submitted by the Owner to the Contractor. 16. Sexual Harassment. The Owner hereby notifies Contractor and Contractor certifies that it has a written sexual harassment policy which includes (i) the illegality of sexual harassment; (ii) a definition of sexual harassment (iii) a description of sexual harassment, utilizing examples; (iv) an internal complaint process including penalties; (v) the legal recourse, investigative and compliant process through the Illinois Department of Human Rights; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation for exercising rights under the policy in accordance with the Illinois Human Rights Act, 775 ILCS 511-101, et seq. The Owner and Contractor are subject to the rules and regulations of the Illinois Department of Human Rights and the statutory requirements thereof. 17. Veterans Preference Act Applies. In the employment and use of labor, and to the extent required by law, the Contractor shall conform to the Illinois Veterans Preference Act, 330 ILCS 5510.01 et seq. 18. Debarment. The Contractor certifies that it is not barred from bidding on the Work as a result of a conviction for either bid -rigging or bid rotating pursuant to 720 ILCS 5/33E-11. 19. Force Maieure. The parties' duty to perform under this Purchase Order are contingent upon the non-occurrence of an Event of Force Majeure. If either party shall be unable to carry out any material obligation under this Purchase Order due to an Event of Force Majeure, this Purchase Order shall at Owner's election (i) remain in effect but Contractor's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days' notice to Contractor, in which event Owner shall pay Contractor for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of the parties. Without Page 3 of 6 limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Contractor; and the requirements of any applicable government in any manner that diverts either the materials to the direct or indirect benefit of the government. 20. Arbitration. Any controversy or claim arising out of or relating to this Purchase Order, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the Owner, at 333 South Green Street, 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. 21. Recovery of Fees. In the event of any arbitration of this Purchase Order between the parties, or litigation of this Purchase Order, the non -prevailing party, as determined by the arbiter or court, shall pay all expenses incurred by the prevailing party, including, but not limited to (a) attorneys' fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. 22. Controlling Law; Severability. The validly of this Purchase Order or any of its provisions and the sufficiency of any performance there under shall be determined under the laws of Illinois. If any provision or requirement of this Purchase Order is declared or found to be unenforceable that balance of this Purchase Order shall be interpreted and enforced as if the unenforceable provision or requirement was never a part hereof. ACCEPTANCE OF PURCHASE ORDER The parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of all terms and provisions herein contained. Owner: Contractor: By: By:_ Title: Title: Date: Date: Z: IAPMcHenryCityo)WcHenry Police Dept Buildout Purchase Order.SHFreund.doe Page 4 of 6 S.H. FREUND & SON Inc. P.O. BOX 13 GENERAL CONTRACTORS WHENRY IL 60051 McHENRY IL PHONE:815-385-1038 FAX 815-363-4231 PROPOSAL Proposal Submitted to: Citv of McHenr Address 333 N. Green St. City & State: McHenry IL 60050 Phone: 815-363-2100 lob Name & Location: McHenry PD office build out Same Architect & Date of Plan: FGM Architect 02-07-2020 Date of Estimate: 5-01-2020 Page 1 of 2 We Hereby submit specifications and estimates for: All work to be done as per plan & specifications unless noted below. GENERAL CONDITIONS: Contractor to secure proper, Bonding and Insurance. Contractor to have General Liability & Workmens Compensation. ITEM LABOR TOTALS MATERIALS DUMPSTER OWNER 18 CARPENTRY: DEMO WALLS $690.00 STEEL STUD FRAMING $12,075.00 OWNER WALL BACKING $2,300.00 OWNER ACOUSTICAL CAULKING $1,840.00 OWNER HANG DOORS, FRAMES, RE -SET EXISTING $5,520.00 OWNER SET CABINETS $690.00 OWNER VINYL BASEBOARD $2,300.00 OWNER FINISH HARDWARE NO CLOSURES SHOWN $2,300.00 OWNER GRAB BARS AND BATH ACCESSORIES $920.00 OWNER RESET EXISTING WINDOW $230.00 OWNER SUSPENDED CEILING TO INCLUDE INSULATION ABOVE IT BUT NOT WALLS $10,350.00 OWNER FI FOIL INSTALLATION ON WALLS, FLOOR, & CEILING IN CIBER ROOM $1,150.00 OWNER NOTE: LAMINATED GUARDS BY LAMINATION COMPANY (IE: VANITY) $0.00 OWNER NOTE: NO WALL INSULATION FIGURED $0.00 OWNER NOTE: NO TV OR APPLIANCES SET FIGURED $0.00 OWNER NOTE: NO COUNTER TOPS, BRACKETS, GROMET HOLES FIGURED $0.00 OWNER CONTINGINCIES $1,680.00 INSURANCE, OVERHEAD & PROFIT $3,159.00 SUB TOTALS 42 045.00 3 159.00 GRAND TOTAL $45,204.00 ALTERNATE BID: CIBER CRIME ROOM FI-FOIL INSTALL OWNER SUPPLIED FI FOIL TO WALLS & CLG TO CIBER ROOM ADD $1,265.00 We Propose hereby to furnish materials and labor complete in accordance with above Base bid with no alternates and specifications, for the sum of : Page 5 of 6 S.H. FREUND & SON Inc. P.O. BOX 13 GENERAL CONTRACTORS WHENRY IL WHENRY IL 60051 PHONE: 815-385-1038 FAX 815-363-4231 Page 2 of 2 Forty Five Thousand Two Hundred Four & No /100 Dollars ($45,204.00) Payments to be made as follows: Payments to be determined All materials are guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alternations or deviations for above specifications involving extra cost will be executed upon written or verbal orders, and will become an extra or credit charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond ou r control. Work to be performed during normal working hours Monday thru Friday 7:00 am to 3:30 pm. Invoices 30 days past due are subject to 1.5% (18% annuao interest charge. All court cost, collection and attorney fees will be the responsibility of the undersigned. Owner to carry Fire, Tornado, and "Builders Risk insurance. S.H. Freund & Son Inc. to carry "General Liability", and "Workmen's Compensation" Insurance. Authorized Signature: Note: This proposal may be withdrawn by us if not accepted in 30 days. ACCEPTANCE of PROPOSAL - The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Signature Date of Acceptance: Signature: Page 6 of 6 CITY OF McHENRY PURCHASE ORDER NO. (Prevailing Wages Apply) Project: City of McHenry Police Department Second Floor Buildout Location: City of McHenry 333 South Green Street McHenry, Illinois 60050 Owner Contractor City of McHenry Hartwig Plumbing & Heating, Inc. 333 South Green Street 20800 E. Brink Street McHenry, Illinois 60071 Harvard, Illinois 60033 Phone: (815) 363-2100 Phone: (815) 943-4430 Contact: Ross Polerecky, Dir. of Community Development Fax: (815) 943-4490 rpolerecky@cityofmchenry.org COST OF WORK The Contract Price of the Work under this Purchase Order is based on time and materials and shall not exceed $26,500.00. SCOPE OF WORK: Contractor shall furnish labor and materials necessary to complete the following work/items, collectively, ("Work"): see Contractor's Proposal dated June 4, 2020, attached hereto and incorporated herein. NOTES: A. Changes to the project scope, affecting materials and/or labor required to complete the Work noted above and resulting in additional cost, will require revisions to this Purchase Order and Owner's approval prior to proceeding with the work. B. The Contract Price is based upon Work being performed during our normal business hours — Monday through Friday, 7a.m. — 3:30p.m. C. Payment and performance bonds by Contractor are waived. D. No retainage shall be required. 1. Acceptance of Purchase Order. The Purchase Order is an offer to contract, buy or rent and not an acceptance of an offer to contract, sell or rent. Acceptance of this Purchase Order is expressly limited to the terms hereof, and in the event that Contractor's Proposal or Contractor's acknowledgment or other response hereto states terms additional to or different from those set forth herein, this Purchase Order shall be deemed a notice of objection to such additional or different terms and rejection thereof. This Purchase Order may be accepted by the commencement of any work hereunder or the delivery of any goods herein ordered, and, in any event, shall be deemed accepted in its entirety by Contractor unless Owner is notified to the contrary within ten (10) days from its date of issue. This Purchase Order contains the entire agreement between the parties. Any modification or recession thereof must be in writing and signed by Owner. No proposals or prior dealings of the parties or trade custom not embodied herein shall alter the interpretation or enforcement of this Purchase Order. 2. Familiarity with Site Conditions; Qualifications. Contractor acknowledges that it has examined and is familiar with the site conditions surrounding the proposed Work and is aware of, and satisfied with, the requirements of this Purchase Order. Contractor represents to Owner that it is fully experienced and properly qualified as an expert to perform the class of Work provided for herein, and that it is properly equipped, organized and financed to handle such work. Contractor shall finance its own operations hereunder, shall operate as an independent contractor and not as the agent of Owner, and shall hold Owner free and harmless from all liability, costs and charges by reason of any act or representations of Contractor, its agents or employees. 3. Extras and Chanze Orders. No claim by Contractor that any instructions, by drawing or otherwise, constitute a change in Contractor's performance hereunder, for which Contractor should be paid additional compensation shall be valid, unless prior to commencing such allegedly extra or changed performance. Contractor shall have received a written supplement to this Purchase Order authorizing such performance signed on behalf of Owner by a person have actual authority to do so. No claim for additional compensation on the basis that Contractor has incurred any expense by reason of any act or failure to act or Owner or its contractor, subcontractor, materialmen or any other party shall be valid unless made in writing within 30 days of the alleged act or failure to act and approved in writing by Owner, provided however, that if the Contractor should be delayed in furnishing the articles, items, equipment or materials (hereinafter sometimes referred to as "goods") or services or work (hereinafter sometimes referred to "Work") ordered herein, by the omission neglect or default of Owner, its agents or employees, Contractor shall be entitled to no additional compensation or damages for such delay, and shall be entitled only to an extension of time for a period equal to the time lost as a result of the aforesaid causes, determined by Owner. Any charges for extra not so authorized will not be paid. 4. Inspection and Acceptance. Owner shall have the right at all reasonable times to inspect and test all goods, materials or work furnished by Contractor and all work performed or furnished by Contractor. Notwithstanding any prior inspection, the passage of title or any prior payment, all goods, material and work furnished there under are subject to final inspection and acceptance by Owner at its job site. If, after inspection, Owner rejects any goods furnish by Contractor there under, Owner may, at its election, return those goods to Contractor at Contractor's expense, including the cost of any inspection and testing thereof. If Contractor fails to proceed promptly with the correction or replacement of any rejected goods or work, Owner may replace or correct such items or work by purchase or manufacture and charge the cost incurred thereby to Contractor or terminate this Purchase Order for default in accordance with paragraph 7 herein. By inspecting and not Page 1 of 5 rejecting any goods and work furnished there under, Owner shall not be precluded thereby from subsequently revoking its acceptance thereof it the goods or work are later discovered to be nonconforming with this Purchase Order or the specifications and drawings applicable hereto, even if the defect does not substantially impair value to Owner. 5. Taxes, Delivery, Risk of Loss. Unless indicated to the contrary on the face hereof, it shall be the responsibility of Contractor to arrange for and complete delivery of all goods or materials. If the goods or materials furnished there under are equipment, Contractor shall give Owner two (2) working days' advance notice of delivery. All goods or materials furnished by Contractor should be shipped in the manner and at the times indicated on the face hereof at the expense of Contractor, it being understood that the risk of loss with respect to such goods is with Contractor until such goods come into the actual possession of Owner, regardless of the mode of delivery or earlier passage of title. This Project is tax exempt. The Owner's tax-exempt number is: E9995-0881-07. 6. Payment. A. Upon completion of the Work and prior to issuance of any payments by the Owner to the Contractor, the Contractor shall furnish to the Owner (in a form suitable to the Owner) an invoice for payment then due, together with receipts, waivers of claim and other evidence showing the Contractor's payments for materials, labor and other expense incurred in the Contractor's Work hereunder. B. Owner may withhold the whole or any part of any payment due to the Contractor to the extent necessary to protect and indemnify the Owner from loss on account of (a) defective work not remedied, (b) claims filed or reasonable evidence indicating probable filing of claims, (c) failure of the Contractor to make payments promptly for material or labor, or (d) Contractor's failure to furnish Owner with all written warranties and operational manuals for the Work. C. Contractor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the Contractor under this Purchase Order for all amounts owing from the Contractor to (a) the Owner for back -charges or services furnished for the account of the Contractor, (b) the Owner for damages sustained whether through negligence of the Contractor or through failure of the Contractor to act as may be otherwise detailed herein, (c) material men, (d) subcontractors, (e) laborers, and (f) others for services and materials furnished to the Contractor for the Work performed under this Purchase Order, and (2) to apply the amount so deducted to the payment of said materials, services, damages or back -charges applying such monies so available in the order hereinbefore set forth. D. Owner, without invalidating this Purchase Order, may make changes by altering, adding to or deducting from the Work to be performed. The value of any such changes will be determined as follows: (a) by the unit prices named in this Purchase order, if any, or (b) by agreement in writing between the Owner and the Contractor as to the value of the time and materials for the changes in the Work. In any event, the Contractor will keep and present, in any form as the Owner may direct, a correct account of the net cost of any extra labor and materials, together with vouchers referring to the same. E. Notwithstanding the payment in full for the Work hereunder, the Contractor will be liable to repair or replace any imperfect workmanship or other faults; and if the Contractor fails to repair or replace the imperfect workmanship or other faults, the Owner may do the Work and recover from the Contractor the cost and expense thereof. No payment on account will be construed or considered as an approval of the Work for which payment is made. 7. Contractor Warranty. Contractor warrants in addition to all warranties which are imposed or implied by law or equity that all materials and work furnished there under (i) shall confirm to any specifications and drawings applicable to this Purchase Order, (ii) shall be merchantable and of good quality and workmanship, (iii) shall be fit for the purpose intended as well as the purpose for which such goods, materials or work are generally used, and (iv) shall be free from defects for a period of one (1) year or such longer period as is specified in the contract documents, from the date any such goods, materials or Work hereunder is accepted in writing by Owner. Contractor expressly agrees that the statue of limitations with respect to Contractor's warranties shall begin to run on the date of acceptance by Owner. Contractor further indemnifies and holds the Owner harmless from all claims, liens, fees and charges and payment of any obligations arising thereunder. 8. Insurance. Contractor shall at all times maintain business automobile, commercial liability and workers compensation insurance covering its work and all obligations under this Purchase Order, and shall name the Owner as an additional insured on its commercial liability insurance policies for Contractor operations under this Purchase Order. Liability insurance limits shall be in an amount sufficient to protect the Owner's interests as they may appear herein, but in no event less than $1,000,000.00 per occurrence. 9. Indemnity. Contractor hereby agrees to indemnify Owner for any loss, expense, recovery or settlement, including counsel fees and costs of defense which arise from any demand, claim (whether frivolous or not) or suit which may be asserted or brought against Contractor or Owner as a result of any injury or damage to any person or persons (including death) or property (i) allegedly caused by, resulting form, arising out of or occurring in connection with the furnishing of any goods, materials or work or the performance or preparation for performance of any of the work or any duties of the Contractor hereunder, or incident or pertaining thereto, and (ii) whether or not such injury or damage is due to or chargeable to any alleged negligence of Owner or any contractor or subcontractor under a contract from which the goods, materials or work is herein ordered are required, or the alleged negligence of any employee of Owner or aforesaid contractor or subcontractor, including but not limited to any claim based on liability without fault for injury caused by defective goods, materials or work supplied by Contractor. Further, A. Contractor acknowledges that any such items or work furnished hereunder may include in whole or in part with or without modification or improvements in equipment, machinery or items constructed by Owner, and that should such item or work prove defective such charges claimed by Owner shall include consequential damages, penalties, taxes or assessments (including punitive damages), including counsel fees and the costs of defense, which may be imposed or incurred under any federal, state or local law, ordinance or regulation upon or with respect to (i) the payment of compensation to any individual employed by Contractor, (ii) any discrimination against any individual employed by Contractor on the basis of race, color, religion, sex, national origin or physical or mental handicap, (iii) the protection of purchasers and users of consumer products, or (iv) occupational safety and health, and B. In any and all claims against Owner or any of its agents or employees, by any employee of Contractor, the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor under workers' compensation acts, disability benefits acts or employee benefit acts, or other applicable law. Contractor Page 2 of 5 assumes the entire liability for its own negligence and as part of this Purchase Order waives all defenses available to Contractor as an employer which limit the amount of Contractor's liability to Owner to the amount of Contractor's liability under any workers' compensation, disability benefits or employee benefit acts. 10. Cancellation. Time of delivery of this Purchase Order is of the essence and Owner may, by written notice of default to Contractor, cancel the whole or any part of this Purchase Order (i) if Contractor fails to make delivery of the goods or perform the services within the time specified herein or any extensions thereof, or (ii) if Contractor fails to perform or so fails to make progress as to endanger performance there under, and in either circumstance does not cure such failure within a period of two (2) business days after receipt of notice from Owner specifying such failure. Owner, by written notice to Contractor, may cancel the whole or any part of this Purchase Order when it is in the best interest of Owner or when Owner has been notified of modification of the specifications pertaining thereto. If this Purchase Order is so canceled, the Contractor shall be compensated for such canceled as follows: (a) for materials delivered and services performed as the reasonable value as part of the Contract Price; (b) for materials not identified to this Purchase Order and service not performed, no compensation; and (c) for Contractor's lost profits or incidental or consequential loss, no compensation. 11. Owner's Remedies. Contractor shall, for the duration of its warranties under paragraph 7 herein, at the discretion of Owner and at the expense of Contractor, replace, repair and insure any and all faulty or imperfect goods, materials or work furnished or performed by Contractor there under. In the event Contractor fails to do so, Owner may furnish or perform the same and recover materials from Contractor the cost and expense directly or indirectly resulting there from, including all consequential damages but not limited to the cost or expense of inspection, testing, removal, replacement, re -installation, destruction of other materials resulting there from and any increased cost or expense to Owner in its performance under contracts with others, plus 15% of all such costs or expenses for overhead. The foregoing remedies shall be available in addition to all other remedies available to Owner in equity or at law including the Uniform Commercial Code. 12. Compliance with Laws. During the performance hereunder, Contractor agrees to give all notices and comply with all Laws and Regulations of the United States and/or the State of Illinois applicable to the performance of the Work, including but not limited to those Laws and Regulations regarding the payment of prevailing wages, non-discrimination laws, employment of Illinois workers, labor, wage and collective bargaining. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. 13. Prevailing Wage Act Applies. The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq., and that not less than the prevailing rate of wages as found by the Owner, the Department of Labor or as determined by the court on review shall be paid to all laborers, workers, and mechanics performing work on this Project. To the extent that there are any violations of the Illinois Prevailing Wage Act and any demands are made upon the Owner by the Illinois Department of Labor or by any employee of the Contractor or a Subcontractor performing Work on the Project, the Contractor shall be responsible for indemnifying and holding the Owner free and harmless from all costs, liability or damages incurred, directly or indirectly, by the Owner including attorneys' fees, in responding to and complying with demands made by the Department of Labor or an aggrieved employee and such amounts may be withheld from the payments to be made on the Project. It is the intention that the Owner shall suffer no time loss or other additional expenses in complying with any inquiry made with regard to the Illinois Prevailing Wage Act. 14. Human Rights Act Applies. The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the Illinois Human Rights Act, 775 ILCS 10/0.01, et seq. 15. Drug Free Workplace Applies. The Owner hereby notifies Contractor and Contractor certifies that it will provide a drug free workplace and that it is in compliance with the requirements of the Illinois Drug Free Workplace Act. 30 ILCS 580/1, et seq. Upon request, Contractor shall execute a certification in compliance with the Owner's drug -free workplace policy and/or the Illinois Drug -Free Workplace Act as submitted by the Owner to the Contractor. 16. Sexual Harassment. The Owner hereby notifies Contractor and Contractor certifies that it has a written sexual harassment policy which includes (i) the illegality of sexual harassment; (ii) a definition of sexual harassment (iii) a description of sexual harassment, utilizing examples; (iv) an internal complaint process including penalties; (v) the legal recourse, investigative and compliant process through the Illinois Department of Human Rights; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation for exercising rights under the policy in accordance with the Illinois Human Rights Act, 775 ILCS 511-101, et seq. The Owner and Contractor are subject to the rules and regulations of the Illinois Department of Human Rights and the statutory requirements thereof. 17. Veterans Preference Act Applies. In the employment and use of labor, and to the extent required by law, the Contractor shall conform to the Illinois Veterans Preference Act, 330 ILCS 5510.01 et seq. 18. Debarment. The Contractor certifies that it is not barred from bidding on the Work as a result of a conviction for either bid -rigging or bid rotating pursuant to 720 ILCS 5/33E-11. 19. Force Maieure. The parties' duty to perform under this Purchase Order are contingent upon the non-occurrence of an Event of Force Majeure. If either party shall be unable to carry out any material obligation under this Purchase Order due to an Event of Force Majeure, this Purchase Order shall at Owner's election (i) remain in effect but Contractor's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days' notice to Contractor, in which event Owner shall pay Contractor for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of the parties. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); and action or non -action by or inability to obtain or keep in force the necessary Page 3 of 5 governmental authorizations, permits, licenses, certificates or approvals if not caused by Contractor; and the requirements of any applicable government in any manner that diverts either the materials to the direct or indirect benefit of the government. 20. Arbitration. Any controversy or claim arising out of or relating to this Purchase Order, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the Owner, at 333 South Green Street, 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. 21. Recovery of Fees. In the event of any arbitration of this Purchase Order between the parties, or litigation of this Purchase Order, the non -prevailing party, as determined by the arbiter or court, shall pay all expenses incurred by the prevailing party, including, but not limited to (a) attorneys' fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. 22. Controlling Law; Severability. The validly of this Purchase Order or any of its provisions and the sufficiency of any performance there under shall be determined under the laws of Illinois. If any provision or requirement of this Purchase Order is declared or found to be unenforceable that balance of this Purchase Order shall be interpreted and enforced as if the unenforceable provision or requirement was never a part hereof. ACCEPTANCE OF PURCHASE ORDER The parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of all terms and provisions herein contained. Owner: Contractor: M Date: 0 Z: WMcHenryCityofiMcHenry Police Dept Buildout Purchase Order.Hartwig.doc Page 4 of 5 it4HARTWIG PLUMBING & HEATING, INC. June 4, 2020 City of McHenry 333 South Careen Street McHenry, Illinois 60050 Attention: Mr. Ross Polerecky Re: Plumbing proposal for Second Floor Interior Build Out/McHenry Police Department (Revision 1) Hartwig Plumbing & Heating, Inc. is pleased to provide you with a proposal for the above -mentioned project. The scope of work is as follows: Items included: • Floor scan prior to concrete work • Concrete coring as required • Fire stop for plumbing wall and floor penetrations • Demo in areas discussed during walk through • Rough in and trim for all fixtures as specified • Waste tie in on first floor in chase access area • Waste and vent piping (Cast Iron No Hub) • Domestic water piping as required (type L copper) • Domestic water tie in as required • (1) EWH-1 as specified (electric tank type suspended over bathrooms) • (1) ET-1 as specified • (1) SK-I as specified • (1) Refrigerator ice maker hook up as required • (1) Coffee maker hook up with back flow protection • (2) FD-1 as specified • (2) WC-1 as specified (battery sensor flush valves) • (2) L-I as specified (battery sensor faucets • I]angers and supports • Pipe insulation for all suspended domestic water piping • The following price will include all necessary materials and labor to complete this job in a neat, workmanlike manner in accordance to all plans and specifications. Items not included: • All permit and inspection fees • Premium time labor • Wall or ceiling removal or patch where required • Electrical requirements for plumbing equipment • Appliances Total proposed plumbing price: $26,500.00 Thank you for giving Hartwig Plumbing & Heating, Inc. the opportunity to bid this upcoming project. Sincerely, Chadd W. Hartwig President 20800 E. Brink Street • Harvard, IL 60033 • P: 815-943-4430 • F: 815-943-4490 Page 5 of 5 CITY OF McHENRY PURCHASE ORDER NO.2020-02 (Prevailing Wages Apply) Project: City of McHenry Police Department Second Floor Buildout Location: City of McHenry 333 South Green Street McHenry, Illinois 60050 Owner Contractor City of McHenry McHenry Heating & Air, Inc. 333 South Green Street 1903 S. Route 31 McHenry, Illinois 60050 McHenry, Illinois 60050 Phone: (815) 363-2100 Phone: (815) 444-9900 Contact: Ross Polerecky, Dir. of Community Development Fax: (815) 344-8990 rpolereckygcityofmchenry.org COST OF WORK The Contract Price of the Work under this Purchase Order is based on time and materials and shall not exceed $24,965.00. SCOPE OF WORK: Contractor shall furnish labor and materials necessary to complete the following work/items, collectively, ("Work"): see Contractor's Proposal dated June 1, 2020, attached hereto and incorporated herein. NOTES: A. Changes to the project scope, affecting materials and/or labor required to complete the Work noted above and resulting in additional cost, will require revisions to this Purchase Order and Owner's approval prior to proceeding with the work. B. The Contract Price is based upon Work being performed during our normal business hours — Monday through Friday, 7a.m. — 3:30p.m. C. Payment and performance bonds by Contractor are waived. D. No retainage shall be required. 1. Acceptance of Purchase Order. The Purchase Order is an offer to contract, buy or rent and not an acceptance of an offer to contract, sell or rent. Acceptance of this Purchase Order is expressly limited to the terms hereof, and in the event that Contractor's Proposal or Contractor's acknowledgment or other response hereto states terms additional to or different from those set forth herein, this Purchase Order shall be deemed a notice of objection to such additional or different terms and rejection thereof. This Purchase Order may be accepted by the commencement of any work hereunder or the delivery of any goods herein ordered, and, in any event, shall be deemed accepted in its entirety by Contractor unless Owner is notified to the contrary within ten (10) days from its date of issue. This Purchase Order contains the entire agreement between the parties. Any modification or recession thereof must be in writing and signed by Owner. No proposals or prior dealings of the parties or trade custom not embodied herein shall alter the interpretation or enforcement of this Purchase Order. 2. Familiarity with Site Conditions; Oualifications. Contractor acknowledges that it has examined and is familiar with the site conditions surrounding the proposed Work and is aware of, and satisfied with, the requirements of this Purchase Order. Contractor represents to Owner that it is fully experienced and properly qualified as an expert to perform the class of Work provided for herein, and that it is properly equipped, organized and financed to handle such work. Contractor shall finance its own operations hereunder, shall operate as an independent contractor and not as the agent of Owner, and shall hold Owner free and harmless from all liability, costs and charges by reason of any act or representations of Contractor, its agents or employees. 3. Extras and Chanize Orders. No claim by Contractor that any instructions, by drawing or otherwise, constitute a change in Contractor's performance hereunder, for which Contractor should be paid additional compensation shall be valid, unless prior to commencing such allegedly extra or changed performance. Contractor shall have received a written supplement to this Purchase Order authorizing such performance signed on behalf of Owner by a person have actual authority to do so. No claim for additional compensation on the basis that Contractor has incurred any expense by reason of any act or failure to act or Owner or its contractor, subcontractor, materialmen or any other party shall be valid unless made in writing within 30 days of the alleged act or failure to act and approved in writing by Owner, provided however, that if the Contractor should be delayed in furnishing the articles, items, equipment or materials (hereinafter sometimes referred to as "goods") or services or work (hereinafter sometimes referred to "Work") ordered herein, by the omission neglect or default of Owner, its agents or employees, Contractor shall be entitled to no additional compensation or damages for such delay, and shall be entitled only to an extension of time for a period equal to the time lost as a result of the aforesaid causes, determined by Owner. Any charges for extra not so authorized will not be paid. 4. Inspection and Acceptance. Owner shall have the right at all reasonable times to inspect and test all goods, materials or work furnished by Contractor and all work performed or furnished by Contractor. Notwithstanding any prior inspection, the passage of title or any prior payment, all goods, material and work furnished there under are subject to final inspection and acceptance by Owner at its job site. If, after inspection, Owner rejects any goods furnish by Contractor there under, Owner may, at its election, return those goods to Contractor at Contractor's expense, including the cost of any inspection and testing thereof. If Contractor fails to proceed promptly with the correction or replacement of any rejected goods or work, Owner may replace or correct such items or work by purchase or manufacture and charge the cost incurred thereby to Contractor or terminate this Purchase Order for default in accordance with paragraph 7 herein. By inspecting and not Page 1 of 5 rejecting any goods and work furnished there under, Owner shall not be precluded thereby from subsequently revoking its acceptance thereof it the goods or work are later discovered to be nonconforming with this Purchase Order or the specifications and drawings applicable hereto, even if the defect does not substantially impair value to Owner. 5. Taxes, Delivery, Risk of Loss. Unless indicated to the contrary on the face hereof, it shall be the responsibility of Contractor to arrange for and complete delivery of all goods or materials. If the goods or materials furnished there under are equipment, Contractor shall give Owner two (2) working days' advance notice of delivery. All goods or materials furnished by Contractor should be shipped in the manner and at the times indicated on the face hereof at the expense of Contractor, it being understood that the risk of loss with respect to such goods is with Contractor until such goods come into the actual possession of Owner, regardless of the mode of delivery or earlier passage of title. This Project is tax exempt. The Owner's tax-exempt number is: E9995-0881- 07. 6. Payment. A. Upon completion of the Work and prior to issuance of any payments by the Owner to the Contractor, the Contractor shall furnish to the Owner (in a form suitable to the Owner) an invoice for payment then due, together with receipts, waivers of claim and other evidence showing the Contractor's payments for materials, labor and other expense incurred in the Contractor's Work hereunder. B. Owner may withhold the whole or any part of any payment due to the Contractor to the extent necessary to protect and indemnify the Owner from loss on account of (a) defective work not remedied, (b) claims filed or reasonable evidence indicating probable filing of claims, (c) failure of the Contractor to make payments promptly for material or labor, or (d) Contractor's failure to furnish Owner with all written warranties and operational manuals for the Work. C. Contractor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the Contractor under this Purchase Order for all amounts owing from the Contractor to (a) the Owner for back -charges or services furnished for the account of the Contractor, (b) the Owner for damages sustained whether through negligence of the Contractor or through failure of the Contractor to act as may be otherwise detailed herein, (c) material men, (d) subcontractors, (e) laborers, and (f) others for services and materials furnished to the Contractor for the Work performed under this Purchase Order, and (2) to apply the amount so deducted to the payment of said materials, services, damages or back -charges applying such monies so available in the order hereinbefore set forth. D. Owner, without invalidating this Purchase Order, may make changes by altering, adding to or deducting from the Work to be performed. The value of any such changes will be determined as follows: (a) by the unit prices named in this Purchase order, if any, or (b) by agreement in writing between the Owner and the Contractor as to the value of the time and materials for the changes in the Work. In any event, the Contractor will keep and present, in any form as the Owner may direct, a correct account of the net cost of any extra labor and materials, together with vouchers referring to the same. E. Notwithstanding the payment in full for the Work hereunder, the Contractor will be liable to repair or replace any imperfect workmanship or other faults; and if the Contractor fails to repair or replace the imperfect workmanship or other faults, the Owner may do the Work and recover from the Contractor the cost and expense thereof. No payment on account will be construed or considered as an approval of the Work for which payment is made. 7. Contractor Warranty. Contractor warrants in addition to all warranties which are imposed or implied by law or equity that all materials and work furnished there under (i) shall confirm to any specifications and drawings applicable to this Purchase Order, (ii) shall be merchantable and of good quality and workmanship, (iii) shall be fit for the purpose intended as well as the purpose for which such goods, materials or work are generally used, and (iv) shall be free from defects for a period of one (1) year or such longer period as is specified in the contract documents, from the date any such goods, materials or Work hereunder is accepted in writing by Owner. Contractor expressly agrees that the statue of limitations with respect to Contractor's warranties shall begin to run on the date of acceptance by Owner. Contractor further indemnifies and holds the Owner harmless from all claims, liens, fees and charges and payment of any obligations arising thereunder. 8. Insurance. Contractor shall at all times maintain business automobile, commercial liability and workers compensation insurance covering its work and all obligations under this Purchase Order, and shall name the Owner as an additional insured on its commercial liability insurance policies for Contractor operations under this Purchase Order. Liability insurance limits shall be in an amount sufficient to protect the Owner's interests as they may appear herein, but in no event less than $1,000,000.00 per occurrence. 9. Indemnity. Contractor hereby agrees to indemnify Owner for any loss, expense, recovery or settlement, including counsel fees and costs of defense which arise from any demand, claim (whether frivolous or not) or suit which may be asserted or brought against Contractor or Owner as a result of any injury or damage to any person or persons (including death) or property (i) allegedly caused by, resulting form, arising out of or occurring in connection with the furnishing of any goods, materials or work or the performance or preparation for performance of any of the work or any duties of the Contractor hereunder, or incident or pertaining thereto, and (ii) whether or not such injury or damage is due to or chargeable to any alleged negligence of Owner or any contractor or subcontractor under a contract from which the goods, materials or work is herein ordered are required, or the alleged negligence of any employee of Owner or aforesaid contractor or subcontractor, including but not limited to any claim based on liability without fault for injury caused by defective goods, materials or work supplied by Contractor. Further, A. Contractor acknowledges that any such items or work furnished hereunder may include in whole or in part with or without modification or improvements in equipment, machinery or items constructed by Owner, and that should such item or work prove defective such charges claimed by Owner shall include consequential damages, penalties, taxes or assessments (including punitive damages), including counsel fees and the costs of defense, which may be imposed or incurred under any federal, state or local law, ordinance or regulation upon or with respect to (i) the payment of compensation to any individual employed by Contractor, (ii) any discrimination against any individual employed by Contractor on the basis of race, color, religion, sex, national origin or physical or mental handicap, (iii) the protection of purchasers and users of consumer products, or (iv) occupational safety and health, and B. In any and all claims against Owner or any of its agents or employees, by any employee of Contractor, the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by Page 2 of 5 or for Contractor under workers' compensation acts, disability benefits acts or employee benefit acts, or other applicable law. Contractor assumes the entire liability for its own negligence and as part of this Purchase Order waives all defenses available to Contractor as an employer which limit the amount of Contractor's liability to Owner to the amount of Contractor's liability under any workers' compensation, disability benefits or employee benefit acts. 10. Cancellation. Time of delivery of this Purchase Order is of the essence and Owner may, by written notice of default to Contractor, cancel the whole or any part of this Purchase Order (i) if Contractor fails to make delivery of the goods or perform the services within the time specified herein or any extensions thereof, or (ii) if Contractor fails to perform or so fails to make progress as to endanger performance there under, and in either circumstance does not cure such failure within a period of two (2) business days after receipt of notice from Owner specifying such failure. Owner, by written notice to Contractor, may cancel the whole or any part of this Purchase Order when it is in the best interest of Owner or when Owner has been notified of modification of the specifications pertaining thereto. If this Purchase Order is so canceled, the Contractor shall be compensated for such canceled as follows: (a) for materials delivered and services performed as the reasonable value as part of the Contract Price; (b) for materials not identified to this Purchase Order and service not performed, no compensation; and (c) for Contractor's lost profits or incidental or consequential loss, no compensation. 11. Owner's Remedies. Contractor shall, for the duration of its warranties under paragraph 7 herein, at the discretion of Owner and at the expense of Contractor, replace, repair and insure any and all faulty or imperfect goods, materials or work furnished or performed by Contractor there under. In the event Contractor fails to do so, Owner may furnish or perform the same and recover materials from Contractor the cost and expense directly or indirectly resulting there from, including all consequential damages but not limited to the cost or expense of inspection, testing, removal, replacement, re -installation, destruction of other materials resulting there from and any increased cost or expense to Owner in its performance under contracts with others, plus 15% of all such costs or expenses for overhead. The foregoing remedies shall be available in addition to all other remedies available to Owner in equity or at law including the Uniform Commercial Code. 12. Compliance with Laws. During the performance hereunder, Contractor agrees to give all notices and comply with all Laws and Regulations of the United States and/or the State of Illinois applicable to the performance of the Work, including but not limited to those Laws and Regulations regarding the payment of prevailing wages, non-discrimination laws, employment of Illinois workers, labor, wage and collective bargaining. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. 13. Prevailine Waae Act Applies. The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq., and that not less than the prevailing rate of wages as found by the Owner, the Department of Labor or as determined by the court on review shall be paid to all laborers, workers, and mechanics performing work on this Project. To the extent that there are any violations of the Illinois Prevailing Wage Act and any demands are made upon the Owner by the Illinois Department of Labor or by any employee of the Contractor or a Subcontractor performing Work on the Project, the Contractor shall be responsible for indemnifying and holding the Owner free and harmless from all costs, liability or damages incurred, directly or indirectly, by the Owner including attorneys' fees, in responding to and complying with demands made by the Department of Labor or an aggrieved employee and such amounts may be withheld from the payments to be made on the Project. It is the intention that the Owner shall suffer no time loss or other additional expenses in complying with any inquiry made with regard to the Illinois Prevailing Wage Act. 14. Human Rights Act Applies. The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the Illinois Human Rights Act, 775 ILCS 10/0.01, et seq. 15. Drug Free Workplace Applies. The Owner hereby notifies Contractor and Contractor certifies that it will provide a drug free workplace and that it is in compliance with the requirements of the Illinois Drug Free Workplace Act. 30 ILCS 580/1, et seq. Upon request, Contractor shall execute a certification in compliance with the Owner's drug -free workplace policy and/or the Illinois Drug -Free Workplace Act as submitted by the Owner to the Contractor. 16. Sexual Harassment. The Owner hereby notifies Contractor and Contractor certifies that it has a written sexual harassment policy which includes (i) the illegality of sexual harassment; (ii) a definition of sexual harassment (iii) a description of sexual harassment, utilizing examples; (iv) an internal complaint process including penalties; (v) the legal recourse, investigative and compliant process through the Illinois Department of Human Rights; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation for exercising rights under the policy in accordance with the Illinois Human Rights Act, 775 ILCS 511-101, et seq. The Owner and Contractor are subject to the rules and regulations of the Illinois Department of Human Rights and the statutory requirements thereof. 17. Veterans Preference Act Applies. In the employment and use of labor, and to the extent required by law, the Contractor shall conform to the Illinois Veterans Preference Act, 330 ILCS 5510.01 et seq. 18. Debarment. The Contractor certifies that it is not barred from bidding on the Work as a result of a conviction for either bid -rigging or bid rotating pursuant to 720 ILCS 5/33E-11. 19. Force Maieure. The parties' duty to perform under this Purchase Order are contingent upon the non-occurrence of an Event of Force Majeure. If either party shall be unable to carry out any material obligation under this Purchase Order due to an Event of Force Majeure, this Purchase Order shall at Owner's election (i) remain in effect but Contractor's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days' notice to Contractor, in which event Owner shall pay Contractor for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of the parties. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court Page 3 of 5 order or public authority (whether valid or invalid); and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Contractor; and the requirements of any applicable government in any manner that diverts either the materials to the direct or indirect benefit of the government. 20. Arbitration. Any controversy or claim arising out of or relating to this Purchase Order, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the Owner, at 333 South Green Street, 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. 21. Recovery of Fees. In the event of any arbitration of this Purchase Order between the parties, or litigation of this Purchase Order, the non -prevailing party, as determined by the arbiter or court, shall pay all expenses incurred by the prevailing party, including, but not limited to (a) attorneys' fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. 22. Controlling Law; Severability. The validly of this Purchase Order or any of its provisions and the sufficiency of any performance there under shall be determined under the laws of Illinois. If any provision or requirement of this Purchase Order is declared or found to be unenforceable that balance of this Purchase Order shall be interpreted and enforced as if the unenforceable provision or requirement was never a part hereof. ACCEPTANCE OF PURCHASE ORDER The parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of all terms and provisions herein contained. Owner: Contractor: M Title Date !-A Date: Z.•WMcHenryCityof (McHenry Police Dept Buildout Purchase Order.McHenry Heating and Air. doe Page 4 of 5 MCHENRY HEATING & AIR, INC. 1903 S. RouTE 31, MCHENRY, IL 60050 PHONE: 815. 444 * 9900 FAX:815.344.8990 PROPOSAL, Proposal Submitted to: Work to be performed at: City of McHenry Police Department 333 S. Green St. Attn: Ross Polerecky McHenry, IL 60050 815-482-7023 email: rpolerecky@cityoi3nchenry.org ■ ■ . ■ . ■ ■ ■ ..... a .... ■ ■ ■ ■ ... mammon ■■■■■ ........... ■ ■ ■ ■ ■ ■ ■ . ■ . ■ ■ ■ ■ ... NOR ... ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ .... man ...... ■ ■ ■ ■ ' McHenry Heating & Air, Inc. does hereby submit specifications and estimate for: ■ - removal of existing forced air system currently conditioning server room I ■ - removal of hydronic unit heater ; - hanging 3 VAV boxes supplied by others ; ■ - connecting local hot water piping to VAV boxes ; - high and low pressure ductwork per plan ; - supply and install all supply registers and return grilles ; ■ - running hot water supply piping to the 3 VAV boxes ; • - excludes control valves ; ■ - installing customer supplied mini split in server room ; - supply 2 bathroom exhaust fans and vent through roof ; • - roof flashing by others ; I ■ - installation of fans by others ; - startup and controls work by others ; ■ - crane fees included I • - permit fees excluded ; Total Investment: 24,965.00 `.............................................................................................a r.............................................................................................................................. O Any alteration.or deviation from the above specifications involving extra costs will be executed only upon written order and will become a charge over and above the estimate. All agreements contingent on strikes, accidents, or delays beyond our control. ; C All equipment must be maintained annually to validate parts and or labor warranties. O All local & city pennitsrfees are the responsibility of others. ; © McHenry Heating & Air, Inc. will dispose of ALL parts and/or equipment it replaces. 6 Financing and 10-year parts & laborwarranty are available upon request. ; a The buyer agrees that in the event of non-payment of this overdue invoice he shall be liable for collection charges 18% interest and attomeyy fees. r■■%vIIIYlvttivilvdlViviivaWvIviiVivaavivaivdwIva ivlvIiviviIva VVIva %Vlvdlvivibviw VkvlvdIviLVN` We hereby propose to furnish material and labor — complete in accordance with the above specifications, for the sum of: With payments to be made as follows: check ; McHenry Heating & Air, Inc. Representative//,, Date 6/01/2020 Work to begin on (date): ork- to be completed (date) ■ This Proposal maybe withdrawn by McHenry Heys' ing & Air if not accepted within 30 days,f -orn the above date. : Acceptance of proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. • ■ Customer Signature: Date ■ Ir...........■...■.■........■...........■.■................................... ■.............■■NN Page 5 of 5 CITY OF McHENRY PURCHASE ORDER NO.2020-01 (Prevailing Wages Apply) Project: City of McHenry Police Department Second Floor Buildout Location: City of McHenry 333 South Green Street McHenry, Illinois 60050 Owner Contractor City of McHenry Benson Electrical Contracting 333 South Green Street 371 E. Prairie Street, Unit G McHenry, Illinois 60071 Crystal Lake, Illinois 60014 Phone: (815) 363-2100 Phone: (815) 455-2260 Contact: Ross Polerecky, Dir. of Community Development rpolereckygeityofmchenry.org COST OF WORK The Contract Price of the Work under this Purchase Order is based on time and materials and shall not exceed $27,833.00 or $30,524.00 if Alternate #1, Faraday Cage Ground, is selected by Owner. SCOPE OF WORK: Contractor shall furnish labor and materials necessary to complete the following work/items, collectively, ("Work"): see Contractor's Proposal dated May 29, 2020, 2020, attached hereto and incorporated herein. NOTES: A. Changes to the project scope, affecting materials and/or labor required to complete the Work noted above and resulting in additional cost, will require revisions to this Purchase Order and Owner's approval prior to proceeding with the work. B. The Contract Price is based upon Work being performed during our normal business hours — Monday through Friday, 7a.m. — 3:30p.m. C. Payment and performance bonds by Contractor are waived. D. No retainage shall be required. 1. Acceptance of Purchase Order. The Purchase Order is an offer to contract, buy or rent and not an acceptance of an offer to contract, sell or rent. Acceptance of this Purchase Order is expressly limited to the terms hereof, and in the event that Contractor's Proposal or Contractor's acknowledgment or other response hereto states terms additional to or different from those set forth herein, this Purchase Order shall be deemed a notice of objection to such additional or different terms and rejection thereof. This Purchase Order may be accepted by the commencement of any work hereunder or the delivery of any goods herein ordered, and, in any event, shall be deemed accepted in its entirety by Contractor unless Owner is notified to the contrary within ten (10) days from its date of issue. This Purchase Order contains the entire agreement between the parties. Any modification or recession thereof must be in writing and signed by Owner. No proposals or prior dealings of the parties or trade custom not embodied herein shall alter the interpretation or enforcement of this Purchase Order. 2. Familiarity with Site Conditions; Oualifications. Contractor acknowledges that it has examined and is familiar with the site conditions surrounding the proposed Work and is aware of, and satisfied with, the requirements of this Purchase Order. Contractor represents to Owner that it is fully experienced and properly qualified as an expert to perform the class of Work provided for herein, and that it is properly equipped, organized and financed to handle such work. Contractor shall finance its own operations hereunder, shall operate as an independent contractor and not as the agent of Owner, and shall hold Owner free and harmless from all liability, costs and charges by reason of any act or representations of Contractor, its agents or employees. 3. Extras and Chant=_e Orders. No claim by Contractor that any instructions, by drawing or otherwise, constitute a change in Contractor's performance hereunder, for which Contractor should be paid additional compensation shall be valid, unless prior to commencing such allegedly extra or changed performance. Contractor shall have received a written supplement to this Purchase Order authorizing such performance signed on behalf of Owner by a person have actual authority to do so. No claim for additional compensation on the basis that Contractor has incurred any expense by reason of any act or failure to act or Owner or its contractor, subcontractor, materialmen or any other party shall be valid unless made in writing within 30 days of the alleged act or failure to act and approved in writing by Owner, provided however, that if the Contractor should be delayed in furnishing the articles, items, equipment or materials (hereinafter sometimes referred to as "goods") or services or work (hereinafter sometimes referred to "Work") ordered herein, by the omission neglect or default of Owner, its agents or employees, Contractor shall be entitled to no additional compensation or damages for such delay, and shall be entitled only to an extension of time for a period equal to the time lost as a result of the aforesaid causes, determined by Owner. Any charges for extra not so authorized will not be paid. 4. Inspection and Acceptance. Owner shall have the right at all reasonable times to inspect and test all goods, materials or work furnished by Contractor and all work performed or furnished by Contractor. Notwithstanding any prior inspection, the passage of title or any prior payment, all goods, material and work furnished there under are subject to final inspection and acceptance by Owner at its job site. If, after inspection, Owner rejects any goods furnish by Contractor there under, Owner may, at its election, return those goods to Contractor at Contractor's expense, including the cost of any inspection and testing thereof. If Contractor fails to proceed promptly with the correction or replacement of any rejected goods or work, Owner may replace or correct such items or work by purchase or manufacture and charge the cost Page 1 of 7 incurred thereby to Contractor or terminate this Purchase Order for default in accordance with paragraph 7 herein. By inspecting and not rejecting any goods and work furnished there under, Owner shall not be precluded thereby from subsequently revoking its acceptance thereof it the goods or work are later discovered to be nonconforming with this Purchase Order or the specifications and drawings applicable hereto, even if the defect does not substantially impair value to Owner. 5. Taxes, Delivery, Risk of Loss. Unless indicated to the contrary on the face hereof, it shall be the responsibility of Contractor to arrange for and complete delivery of all goods or materials. If the goods or materials furnished there under are equipment, Contractor shall give Owner two (2) working days' advance notice of delivery. All goods or materials furnished by Contractor should be shipped in the manner and at the times indicated on the face hereof at the expense of Contractor, it being understood that the risk of loss with respect to such goods is with Contractor until such goods come into the actual possession of Owner, regardless of the mode of delivery or earlier passage of title. This Project is tax exempt. The Owner's tax-exempt number is:E9995-0881-07. 6. Payment. A. Contractor may submit for payment every thirty (30) days. Prior to issuance of any payments by the Owner to the Contractor, the Contractor shall furnish to the Owner (in a form suitable to the Owner) an invoice for payment then due, together with receipts, waivers of claim and other evidence showing the Contractor's payments for materials, labor and other expense incurred in the Contractor's Work hereunder. B. Owner may withhold the whole or any part of any payment due to the Contractor to the extent necessary to protect and indemnify the Owner from loss on account of (a) defective work not remedied, (b) claims filed or reasonable evidence indicating probable filing of claims, (c) failure of the Contractor to make payments promptly for material or labor, or (d) Contractor's failure to furnish Owner with all written warranties and operational manuals for the Work. C. Contractor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the Contractor under this Purchase Order for all amounts owing from the Contractor to (a) the Owner for back -charges or services furnished for the account of the Contractor, (b) the Owner for damages sustained whether through negligence of the Contractor or through failure of the Contractor to act as may be otherwise detailed herein, (c) material men, (d) subcontractors, (e) laborers, and (f) others for services and materials furnished to the Contractor for the Work performed under this Purchase Order, and (2) to apply the amount so deducted to the payment of said materials, services, damages or back -charges applying such monies so available in the order hereinbefore set forth. D. Owner, without invalidating this Purchase Order, may make changes by altering, adding to or deducting from the Work to be performed. The value of any such changes will be determined as follows: (a) by the unit prices named in this Purchase order, if any, or (b) by agreement in writing between the Owner and the Contractor as to the value of the time and materials for the changes in the Work. In any event, the Contractor will keep and present, in any form as the Owner may direct, a correct account of the net cost of any extra labor and materials, together with vouchers referring to the same. E. Notwithstanding the payment in full for the Work hereunder, the Contractor will be liable to repair or replace any imperfect workmanship or other faults; and if the Contractor fails to repair or replace the imperfect workmanship or other faults, the Owner may do the Work and recover from the Contractor the cost and expense thereof. No payment on account will be construed or considered as an approval of the Work for which payment is made. 7. Contractor Warranty. Contractor warrants in addition to all warranties which are imposed or implied by law or equity that all materials and work furnished there under (i) shall confirm to any specifications and drawings applicable to this Purchase Order, (ii) shall be merchantable and of good quality and workmanship, (iii) shall be fit for the purpose intended as well as the purpose for which such goods, materials or work are generally used, and (iv) shall be free from defects for a period of one (1) year or such longer period as is specified in the contract documents, from the date any such goods, materials or Work hereunder is accepted in writing by Owner. Contractor expressly agrees that the statue of limitations with respect to Contractor's warranties shall begin to run on the date of acceptance by Owner. Contractor further indemnifies and holds the Owner harmless from all claims, liens, fees and charges and payment of any obligations arising thereunder. 8. Insurance. Contractor shall at all times maintain business automobile, commercial liability and workers compensation insurance covering its work and all obligations under this Purchase Order, and shall name the Owner as an additional insured on its commercial liability insurance policies for Contractor operations under this Purchase Order. Liability insurance limits shall be in an amount sufficient to protect the Owner's interests as they may appear herein, but in no event less than $1,000,000.00 per occurrence. 9. Indemnity. Contractor hereby agrees to indemnify Owner for any loss, expense, recovery or settlement, including counsel fees and costs of defense which arise from any demand, claim (whether frivolous or not) or suit which may be asserted or brought against Contractor or Owner as a result of any injury or damage to any person or persons (including death) or property (i) allegedly caused by, resulting form, arising out of or occurring in connection with the furnishing of any goods, materials or work or the performance or preparation for performance of any of the work or any duties of the Contractor hereunder, or incident or pertaining thereto, and (ii) whether or not such injury or damage is due to or chargeable to any alleged negligence of Owner or any contractor or subcontractor under a contract from which the goods, materials or work is herein ordered are required, or the alleged negligence of any employee of Owner or aforesaid contractor or subcontractor, including but not limited to any claim based on liability without fault for injury caused by defective goods, materials or work supplied by Contractor. Further, A. Contractor acknowledges that any such items or work furnished hereunder may include in whole or in part with or without modification or improvements in equipment, machinery or items constructed by Owner, and that should such item or work prove defective such charges claimed by Owner shall include consequential damages, penalties, taxes or assessments (including punitive damages), including counsel fees and the costs of defense, which may be imposed or incurred under any federal, state or local law, ordinance or regulation upon or with respect to (i) the payment of compensation to any individual employed by Contractor, (ii) any discrimination against any individual employed by Contractor on the basis of race, color, religion, sex, national origin or physical or mental handicap, (iii) the protection of purchasers and users of consumer products, or (iv) occupational safety and health, and Page 2 of 7 B. In any and all claims against Owner or any of its agents or employees, by any employee of Contractor, the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor under workers' compensation acts, disability benefits acts or employee benefit acts, or other applicable law. Contractor assumes the entire liability for its own negligence and as part of this Purchase Order waives all defenses available to Contractor as an employer which limit the amount of Contractor's liability to Owner to the amount of Contractor's liability under any workers' compensation, disability benefits or employee benefit acts. 10. Cancellation. Time of delivery of this Purchase Order is of the essence and Owner may, by written notice of default to Contractor, cancel the whole or any part of this Purchase Order (i) if Contractor fails to make delivery of the goods or perform the services within the time specified herein or any extensions thereof, or (ii) if Contractor fails to perform or so fails to make progress as to endanger performance there under, and in either circumstance does not cure such failure within a period of two (2) business days after receipt of notice from Owner specifying such failure. Owner, by written notice to Contractor, may cancel the whole or any part of this Purchase Order when it is in the best interest of Owner or when Owner has been notified of modification of the specifications pertaining thereto. If this Purchase Order is so canceled, the Contractor shall be compensated for such canceled as follows: (a) for materials delivered and services performed as the reasonable value as part of the Contract Price; (b) for materials not identified to this Purchase Order and service not performed, no compensation; and (c) for Contractor's lost profits or incidental or consequential loss, no compensation. 11. Owner's Remedies. Contractor shall, for the duration of its warranties under paragraph 7 herein, at the discretion of Owner and at the expense of Contractor, replace, repair and insure any and all faulty or imperfect goods, materials or work furnished or performed by Contractor there under. In the event Contractor fails to do so, Owner may furnish or perform the same and recover materials from Contractor the cost and expense directly or indirectly resulting there from, including all consequential damages but not limited to the cost or expense of inspection, testing, removal, replacement, re -installation, destruction of other materials resulting there from and any increased cost or expense to Owner in its performance under contracts with others, plus 15% of all such costs or expenses for overhead. The foregoing remedies shall be available in addition to all other remedies available to Owner in equity or at law including the Uniform Commercial Code. 12. Compliance with Laws. During the performance hereunder, Contractor agrees to give all notices and comply with all Laws and Regulations of the United States and/or the State of Illinois applicable to the performance of the Work, including but not limited to those Laws and Regulations regarding the payment of prevailing wages, non-discrimination laws, employment of Illinois workers, labor, wage and collective bargaining. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. 13. Prevailine Wase Act Applies. The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq., and that not less than the prevailing rate of wages as found by the Owner, the Department of Labor or as determined by the court on review shall be paid to all laborers, workers, and mechanics performing work on this Project. To the extent that there are any violations of the Illinois Prevailing Wage Act and any demands are made upon the Owner by the Illinois Department of Labor or by any employee of the Contractor or a Subcontractor performing Work on the Project, the Contractor shall be responsible for indemnifying and holding the Owner free and harmless from all costs, liability or damages incurred, directly or indirectly, by the Owner including attorneys' fees, in responding to and complying with demands made by the Department of Labor or an aggrieved employee and such amounts may be withheld from the payments to be made on the Project. It is the intention that the Owner shall suffer no time loss or other additional expenses in complying with any inquiry made with regard to the Illinois Prevailing Wage Act. 14. Human Rights Act Applies. The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the Illinois Human Rights Act, 775 ILCS 10/0.01, et seq. 15. Drug Free Workplace Applies. The Owner hereby notifies Contractor and Contractor certifies that it will provide a drug free workplace and that it is in compliance with the requirements of the Illinois Drug Free Workplace Act. 30 ILCS 580/1, et seq. Upon request, Contractor shall execute a certification in compliance with the Owner's drug -free workplace policy and/or the Illinois Drug -Free Workplace Act as submitted by the Owner to the Contractor. 16. Sexual Harassment. The Owner hereby notifies Contractor and Contractor certifies that it has a written sexual harassment policy which includes (i) the illegality of sexual harassment; (ii) a definition of sexual harassment (iii) a description of sexual harassment, utilizing examples; (iv) an internal complaint process including penalties; (v) the legal recourse, investigative and compliant process through the Illinois Department of Human Rights; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation for exercising rights under the policy in accordance with the Illinois Human Rights Act, 775 ILCS 511-101, et seq. The Owner and Contractor are subject to the rules and regulations of the Illinois Department of Human Rights and the statutory requirements thereof. 17. Veterans Preference Act Applies. In the employment and use of labor, and to the extent required by law, the Contractor shall conform to the Illinois Veterans Preference Act, 330 ILCS 5510.01 et seq. 18. Debarment. The Contractor certifies that it is not barred from bidding on the Work as a result of a conviction for either bid -rigging or bid rotating pursuant to 720 ILCS 5/33E-11. 19. Force Maieure. The parties' duty to perform under this Purchase Order are contingent upon the non-occurrence of an Event of Force Majeure. If either party shall be unable to carry out any material obligation under this Purchase Order due to an Event of Force Majeure, this Purchase Order shall at Owner's election (i) remain in effect but Contractor's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days' notice to Contractor, in which event Owner shall pay Contractor for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of the parties. Without Page 3 of 7 limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Contractor; and the requirements of any applicable government in any manner that diverts either the materials to the direct or indirect benefit of the government. 20. Arbitration. Any controversy or claim arising out of or relating to this Purchase Order, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the Owner, at 333 South Green Street, 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. 21. Recovery of Fees. In the event of any arbitration of this Purchase Order between the parties, or litigation of this Purchase Order, the non -prevailing party, as determined by the arbiter or court, shall pay all expenses incurred by the prevailing party, including, but not limited to (a) attorneys' fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. 22. Controlling Law; Severability. The validly of this Purchase Order or any of its provisions and the sufficiency of any performance there under shall be determined under the laws of Illinois. If any provision or requirement of this Purchase Order is declared or found to be unenforceable that balance of this Purchase Order shall be interpreted and enforced as if the unenforceable provision or requirement was never a part hereof. ACCEPTANCE OF PURCHASE ORDER The parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of all terms and provisions herein contained. Owner: By: Title: Date: Contractor: 0 Title: Z: WMcHenryCityoj1McHenry Police Dept Buildout Purchase Order.Benson.doc Page 4 of 7 371 E. Prairie Street, Unit G enson Crystal Lone, IL 60014 Info@BensonElec.net BensonElec.net f t <_ r ! 815.455.2260 PROPOSAL May Date: May 2 Date: 29, 2020 Proposal Submitted To: Work To Be Performed and At, City of McHenry Attn: Ross Polerecky McHenry Police Department 333 S. Green St. 211 Floor Interior Build -out McHenry, IL 60050 We are pleased to provide a quote for the McHenry Police Department 2"d floor interior build - out based on drawings dated 2/07/2020 as follows: LIGHTS: 9 Type A 1 13 Type A2 2 Type A2A 2 Type A3 2 Type Exit 4 Relocate existing 2x2 fixture I Relocate existing 2x4 fixture I Relocate existing exit sign * Fixtures provided by the others DEVICES: 22 Duplex receptacles 10 Double duplex receptacles 4 GFI receptacles 1 Roof top GFI receptacles 1 10' Surface mounted wiremold 3 Wall mounted occupancy sensors 3 Wall mounted vacancy sensors 5 nLight NPODM-DX-WH 7 Ceiling mounted vacancy sensors 2 nLight NPODM-WH * Lighting control devices provided by others EQUIPMENT CONNECTIONS: * VAV-55,56,57 * TE-1 and 2 1 AC-1 & ACU-1 2 Hand dryers (Power only) 2 Power lavatory faucets Page 5 of 7 DATA: 20-129 McHenry Police Department 2"d Floor Interior Build -out 17 Data boxes with a 3/4" conduit stub above the ceiling FIRE ALARM: 2 Visual/Strobe light 1 Horn/Strobe light 1 Relocate existing pull station 1 Relocate existing horn/strobe Drawings, programming and testing with local authorities. MISCELLANEOUS: Temporary lighting for construction * Demo per page ED 1.1.1 4 Card reader boxes with a 3/a" conduit stub above ceiling 4 1900 boxes with a t/z" conduit stub above interview room ceiling TOTAL: $ 27,833.00 ALTERNATE #1 FARADAY CAGE GROUND: * Conduit with a #6 ground wire from a ground buss in the Cyber Crimes Room 204 to the main building ground in the 151 floor main electrical room. * Ground wire to the door, door frame, floor and cage back to the ground bar mounted in the room. ADD: $ 2,691.00 EXCLUSIONS TO THE ABOVE AS FOLLOWS: 1) Labor rates after 6/ 1 /21. 2) Premium time. 3) Permit and drawing fees 4) Products and services not listed above. PAYMENT TO BE MADE AS FOLLOWS: Progress payment every 30 days and final due 30 days upon completion. All material is guaranteed to be as specified. All work to be completed in a professional manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Worker's Compensation Insurance. Page 6 of 7 20-129 McHenry Police Department 2"d Hoor Interior Build -out BENSON ELECTRICAL CONTRACTING, INC. Authorized Signature Ti*W C Note: This proposal may be withdrawn if not accepted within 30 days. Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance Signature Page 7 of 7 TRANS' Proposal (Valid for 30 days from Proposal date) PROPRIETARY AND CONFIDENTIAL PRO111:0TY 01: Trane U.S. Inc. DISTRIBUTION TO OTHER THAN THE NAMED RECIPIENT IS PROHIBITED U 2016 Trane All rights reserved Prepared For: Date: May 11, 2020 Ross Polerecky Director of Community Development Proposal Number. 2867988 City of McHenry Quote Number: 30-192267-20-001 Job Name: Co-op Contract Number: USC 15-JLP-023 City of McHenry 2nd Floor Buildout Equipment 2020 333 South Green Street Engineer: MCHENRY, IL 60050 WT Group Delivery Terms: Payment Terms: Freight Allowed & Prepaid 1st Destination/Jobsite Net 30 Days Trane U.S. Inc. is pleased to provide the following proposal for your review and approval. Pricing is based on drawings prepared by WT Group, stamped `Issued for Bid & Permit" dated 2/7/2020. Item A - (Qty: 3) Variable Air Volume Single Duct Terminal Units (VAV-55 — 57) Single duct with hot water heat Matte faced insulation - 1/2" (13 mm) UC210 DDC-Basic (Water heat- Modulating) Standard actuator Air - Fi Wireless Communication Module Hot water valve harness Disconnect switch Trane Air-Fi - WCS-SD (display) (Fld) Not Including: Control or power wiring, Commissioning, Training, Start-up, Labor Warranty, Maintenance Service Item B- (Qty: 1) Trane - Mitsubishi Ductless Split (M Series) NTXSPH09A112AA Heat Pump HyperHeat NTXWPH09A112AA Hyper -Heating 1 PAC-UKPRC001-CN-1 BACnet and Modbus 1 PAR-FL32MA-E Wireless Remote Controller Not Including: Controls, Wind Baffle, Disconnects, Start-up, Start Assistance, Maintenance service, Extra belts, sheaves & motors, Spare filters, Power & control wiring, Relief refrigerant valves, Refrigerant Piping specialties, Isolation valves, Refrigerant line sets, Roof curb/rails, Power distribution indicators, Power/Watt meters, Spare indoor units or BSs, Refrigerant for indoor units & piping runs, Humidifiers, Field fabricated filter kit, Water cooled isolation valve CI n v X: rn* 1 e 1 J y .r— I I e Inn / Inclollnrl by P-4—nnnl Orn nncn! Dora 1 nr 1A J:IJOBS1921252091111City of Mchenry 2nd Floor Buildout .doc City of McHenry 2nd Floor Buildout Equipment 2020 May 5, 2020 McHenry Police Dept 2nd Floor Buildout Item C: Building Automation System - We are including all work as required for complete control and monitoring per Trane Standard Terms and Conditions and Bid Documents (Mechanical Drawings) prepared by WT Group, dated 02/07/2020. No Addenda are included. Scope of Work: Item 1 — Extension to the Existing Trane Tracer SC HTML5 Web -based BACnet Building Automation System (BAS) • All BACnet controllers are BTL listed to ensure Open System compatibility • Custom Programmed Sequences of Operation • 3D Photorealistic Animated HVAC Equipment Graphics • Update Floorplan Graphics as required Item 2 — BACnet DDC Controls for Three (3) New Hot Water Reheat VAV Terminal Units (VAV-55, 56, 57) • BACnet communication and tie-in to BAS • Field installed Space Temperature Sensor • Field wired 24VAC Power • Discharge Air Temperature Sensor • Hot Water Valve (Field wired, installed by MC) Item 3 — Two (2) Existing VAV Terminal Units (XVAV-53, 54) • Relocate Existing Space Temperature Sensor Item 4 — Standalone Controls for One (1) Ductless Split System (AC-1 / CU-1) • Field installed Space Thermostat (provided by manufacturer) • Low voltage interlock wiring between evaporator and condenser Item 5 — Standalone Controls for Two (2) Toilet Exhaust Fan(s) (TE-1, 2) • Interlock to occupancy sensor (By Site EC) — No Work by Trane Item 6 — Demo Controls for the following: • (1) FCU • (1) UH Temperature Control Clarifications: The following materials and/or labor are included: • One (1) Year Parts and Labor Warranty on all Materials and Workmanship • Applicable Use Tax on Installed Material is Included • Electrical Installation per local code requirements • Project Management • Engineered Control Submittals • Project -specific written Sequence of Operation • Control Valve and Control Damper Schedules (if applicable) • Control System Programming and Graphics • Electrical Wiring and Installation as described above Temperature Control Exclusions: The following materials and/or labor are not included: • LEED Commissioning, unless specifically noted above • Test & Balance • Demolition of existing temperature controls, wiring and/or tubing, unless specifically noted above • Line Voltage Wiring, 120VAC Power Wiring • Motor Starters or Variable Frequency Drives (VFD's) • Smoke Detectors, Smoke Dampers, Fire/Smoke Dampers, Associated Wiring • Fire Alarm System Wiring, Fire Alarm Shutdown Interlocks FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Proposal Page 2 of 10 Others City of McHenry 2nd Floor Buildout Equipment 2020 May 5 2020 • Financial Responsibility for Liquidated Damages • Permits, Fees, Bid Bond, Payment and Performance Bonds • Premium Time Labor or Price Contingency Therefor • Participation in OCIP or CCIP Insurance Programs • MBE/WBE participation, unless specifically noted above • Controls for any systems not listed above as included Temperature Control Notes: • This proposal is valid for (30) days from date of issuance • All work to be performed during normal business hours (Mon -Fri; 07:00-16:00, non -holidays) • All hardware has a 1-Year Warranty from installation (not to exceed 18 months from shipment) • Equipment Order Release and Services rendered are dependent on receipt of PO/Subcontract and credit approval • Trane will not perform any work if working conditions could endanger or put at risk the safety of our employees or subcontractors Total Net Price (Excluding Sales Tax).................................................................................$ 28,157.29 Tax Status: Taxable ❑ IF EXEMPT PLEASE SUBMIT COMPLETED TAX EXEMPTION CERTIFICATE WITH YOUR Exempt ❑ SIGNED PROPOSAL OR WITH YOUR PURCHASING DOCUMENTS, KEEP YOUR ORIGINAL ON FILE IN THE OFFICE. YOU WILL BE CHARGED TAX IF A VALID EXEMPTION CERTIFICATE IS NOT ON FILE BEFORE EQUIPMENT, PARTS OR SERVICES ARE PROVIDED. SEE WVVW.TAXSITES.COM/STATE-LINKS.HTML FOR TAX FORMS. COVID-19 NATIONAL EMERGENCY CLAUSE The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic"). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Proposal Page 3 of 10 Others City of McHenry 2nd Floor Buildout Equipment 2020 May 5, 2020 This proposal is subject to your acceptance of the attached Trane terms and conditions (Equipment). CUSTOMER ACCEPTANCE TRANE ACCEPTANCE Trane U.S. Inc. Authorized Representative Submitted By: Patrick Heneberry Evan Kattan Cell: Office: (630) 930-2551 Printed Name Title Purchase Order Acceptance Date Authorized Representative Title re Date FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Proposal Page 4 of 10 Others City of McHenry 2nd Floor Buildout Equipment 2020 May 5 2020 TERMS AND CONDITIONS - COMMERCIAL EQUIPMENT "Company" shall mean Trane U.S. Inc.. 1. Acceptance. These terms and conditions are an Integral part of Company's offer and form the basis of any agreement (the "Agreement" resulting from Company's proposal (the "Proposal") for the sale of the described commercial equipment and any ancillary services (the "Equipment"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customery delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification. Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terns and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terns and as Company's counter-offer to provide Equipment in accordance with the Proposal and the Company's terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counter-offer will be deemed accepted. Customer's acceptance of the Equipment will in any event constitute an acceptance by Customer of Company's terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability. 2. Title and Risk of Loss. All Equipment sales with destinations to Canada or the U.S. shall be made as follows: FOB Company's U.S. manufacturing facility or warehouse (full freight allowed). Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company's U.S. manufacturing facility or warehouse. 3. Pricing and Taxes. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer, the prices stated are firm provided that notification of release for immediate production and shipment is received at Company's factory not later than 3 months from order acceptance. If such release is received later than 3 months from order acceptance date, prices will be increased a straight I % (not compounded) for each 1 month period (or part thereof) beyond the 3 month firm price period up to the date of receipt of such release. If such release is not received within 6 months after the dale of order acceptance, the prices are subject to renegotiation or at Company's option, the order will be cancelled. Any delay in shipment caused by Customer's actions will subject prices to increase equal to the percentage increase in list prices during that period of delay and Company may charge Customer with incurred storage fees. in no event will prices be decreased. The price of Equipment does not include any present or future foreign, federal, state, or local property, license, privilege, sales, use, excise, value added, gross receipts or other like taxes or assessments. Such amounts will be itemized separately to Customer, who will make prompt payment to Company. Company will accept valid exemption documentation for such from Customer, if applicable. All prices include packaging in accordance with Company's standard procedures. Charges for special packaging, crating or packing are the responsibility of Customer. 4. Delivery and Delays. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery. 5. Performance. Company shall be obligated to furnish only the Equipment described in the Proposal and in submittal data (if such data is issued in connection with the order). Company may rely on the acceptance of the Proposal, and in submittal data as acceptance of the suitability of the Equipment for the particular project or location. Unless specifically stated in the Proposal, compliance with any local building codes or other laws or regulations relating to specifications or the location, use or operation of the Equipment is the sole responsibility of Customer. If Equipment is tendered that does not fully comply with the provisions of this Agreement, and Equipment is rejected by Customer, Company will have the right to cure within a reasonable time after notice thereof by substituting a conforming tender whether or not the time for performance has passed. 6. Force Majeure. Company s duty to perform under this Agreement and the Equipment prices are contingent upon the non-occurrence of an Event of Force Majeure. If the Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/iabour disputes; labor/labour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 7. Limited Warranty. Company warrants the Equipment manufactured by Company for a period of the lesser of 12 months from initial start-up or 18 months from date of shipment, whichever is less, against failure due to defects in material and manufacture and that it has the capacities and ratings set forth in Company's catalogs and bulletins ("Warranty"). Equipment manufactured by Company that Includes required start-up and sold in North America will not be warranted by Company unless Company performs the Equipment startup. Exclusions from this Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; modifications made by others to the Equipment; repairs or alterations by a party other than Company that adversely affects the stability or reliability of the Equipment; vandalism; neglect; accident; adverse weather or environmental conditions; abuse or improper use; improper installation; commissioning by a party other than Company; unusual physical or electrical or mechanical stress; operation with any accessory, equipment or part not specifically approved by Company; refrigerant not supplied by Company; and/or lack of proper maintenance as recommended by Company. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Company's obligations and liabilities under this Warranty are limited to furnishing replacement equipment or parts, at its option, FCA (Incoterms 2000) factory or warehouse (f.o.b. factory or warehouse for US domestic purposes) at Company -designated shipping point, freight -allowed to Company's warranty agent's stock location, for all non -conforming Company -manufactured Equipment (which have been returned by Customer to Company. Returns must have prior written approval by Company and are subject to restocking charge where applicable. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING PREVENTION OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. No warranty liability whatsoever shall attach to Company until Customer's complete order has been paid for in full and Company's liability under this Warranty shall be limited to the purchase price of the Equipment shown to be defective. Additional warranty protection is available on an extra -cost basis and must be in writing and agreed to by an authorized signatory of the Company. EXCEPT FOR COMPANY'S WARRANTY EXPRESSLY SET FORTH HEREIN, COMPANY DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, EQUIPMENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF DESIGN, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OR OTHERS THAT ARE ALLEGED TO ARISE FROM COURSE OF DEALING OR TRADE, 8. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Proposal Page 5 or 10 Others City of McHenry 2nd Floor Buildout Equipment 2020 May 5, 2020 relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 9. Insurance. Upon request, Company will furnish evidence of its standard insurance coverage. If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive any rights of subrogation. 10. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, vrithout an election of remedies, to terminate this Agreement, require payment prior to shipping, or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Equipment furnished and all damages sustained by Company (including lost profit and overhead). 11. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS) EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 12. Nuclear Liability. In the event that the Equipment sold hereunder is to be used in a nuclear facility, Customer will, prior to such use, arrange for insurance or governmental indemnity protecting Company against all liability and hereby releases and agrees to indemnify Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part to the negligence or otherwise of Company or its suppliers. 13. Intellectual Property; Patent Indemnity. Company retains all ownership, license and other rights to all patents, trademarks, copyrights, trade secrets and other intellectual property rights related to the Equipment, and, except for the right to use the Equipment sold, Customer obtains no rights to use any such intellectual property. Company agrees to defend any suit or proceeding brought against Customer so far as such suit or proceeding is solely based upon a claim that the use of the Equipment provided by Company constitutes infringement of any patent of the United States of America, provided Company is promptly notified in writing and given authority, information and assistance for defense of same. Company will, at its option, procure for Customer the right to continue to use said Equipment, or modify it so that it becomes non -infringing, or replace same with non -infringing Equipment, or to remove said Equipment and to refund the purchase price. The foregoing will not be construed to include any Agreement by Company to accept any liability whatsoever in respect to patents for inventions including more than the Equipment furnished hereunder, or in respect of patents for methods and processes to be carried out with the aid of said Equipment. The provision of Equipment by Company does not convey any license, by implication, estoppel, or otherwise, under patent claims covering combinations of said Equipment with other devices or elements. The foregoing states the entire liability of Company with regard to patent infringement. Notwithstanding the provisions of this paragraph, Customer will hold Company harmless against any expense or loss resulting from infringement of patents or trademarks arising from compliance with Customer's designs or specifications or instructions. 14. Cancellation. Equipment is specially manufactured in response to orders. An order placed with and accepted by Company cannot be delayed, canceled, suspended, or extended except with Company's written consent and upon written terms accepted by Company that will reimburse Company for and indemnify Company against loss and provide Company with a reasonable profit for its materials, time, labor, services, use of facilities and otherwise. Customer will be obligated to accept any Equipment shipped, tendered for delivery or delivered by Company pursuant to the order prior to any agreed delay, cancellation, suspension or extension of the order. Any attempt by Customer to unilaterally revoke, delay or suspend acceptance for any reason whatever after it has agreed to delivery of or accepted any shipment shall constitute a breach of this Agreement. For purposes of this paragraph, acceptance occurs by any waiver of inspection, use or possession of Equipment, payment of the invoice, or any indication of exclusive control exercised by Customer. 15. Invoicing and Payment. Unless otherwise agreed to in writing by Company, equipment shall be invoiced to Customer upon tender of delivery thereof to the carrier. Customer shall pay Company's invoices within net 30 days of shipment date. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due al the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Company may at any time decline to ship, make delivery or perform work except upon receipt of cash payment, letter of credit, or security, or upon other terms and conditions satisfactory to Company. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all Equipment to secure payment in full of all amounts due Company and its order for the Equipment, together with these terms and conditions, form a security agreement (as defined by the UCC in the United States and as defined in the Personal Property Security Act in Canada). Customer shall keep the Equipment free of all taxes and encumbrances, shall not remove the Equipment from its original installation point and shall not assign or transfer any interest in the Equipment until all payments due Company have been made. The purchase money security interest granted herein attaches upon Company's acceptance of Customer's order and on receipt of the Equipment described in the accepted Proposal but prior to its installation. The parties have no agreement to postpone the time for attachment unless specifically noted in writing on the accepted order. Customer will have no rights of set off against any amounts, which become payable to Company under this Agreement or otherwise. 16. Claims. Company will consider claims for concealed shortages in shipments or rejections due to failure to conform to an order only if such claims or rejections are made in writing within 15 days of delivery and are accompanied by the packing list and, if applicable, the reasons in detail why the Equipment does not conform to Customer's order. Upon receiving authorization and shipping instructions from authorized personnel of Company, Customer may return rejected Equipment, transportation charges prepaid, for replacement. Company may charge Customer any costs resulting from the testing, handling, and disposition of any Equipment returned by Customer which are not found by Company to be nonconforming. All Equipment damaged during shipment and all claims relating thereto must be made with the freight carrier in accordance with such carrier's policies and procedures. Claims for Equipment damaged during shipment are not covered under the warranty provision stated herein. 17. Export Laws. The obligation of Company to supply Equipment under this Agreement is subject to the ability of Company to supply such items consistent with applicable laws and regulations of the United States and other governments. Company reserves the right to refuse to enter into or perform any order, and to cancel any order, under this Agreement if Company in its sole discretion determines that performance of the transaction to which such order relates would violate any such applicable law or regulation. Customer will pay all handling and other similar costs from Company's factories including the costs of freight, insurance, export clearances, import duties and taxes. Customer will be "exporter of record" with respect to any export from the United States of America and will perform all compliance and logistics functions in connection therewith and will also comply with all applicable laws, rules and regulations. Customer understands that Company and/or the Equipment are subject to laws and regulations of the United States of America which may require licensing or authorization for and/or prohibit export, re-export or diversion of Companys Equipment to certain countries, and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America laws and FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Proposal Page 6 of 10 Others City of McHenry 2nd Floor Buildout Equipment 2020 May 5, 2020 regulations. Customer agrees to hold harmless and indemnify Company for any damages resulting to Customer or Company from a breach of this paragraph by Customer. Illinois Initialed by Customer: Initialed by Trane: 18. General. Except as provided belo� to the maximum extent provided bylaw, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state o for Equipment shipped to a U.S. location and the laws of the province to which Equipment is shipped within Canada, without regard to its conflict of law principles that might otherwise call for the application of a different state's or province's law, and not including the United Nations Convention on Contracts for the International Sale of Goods. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Equipment is being used at a site owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be Incorporated herein by reference except to the extent Company is a signatory thereon. if any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer's permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 19. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 20. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that Equipment ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212-5(e)(1). The following provision applies only to Indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52,222-39; 52.247-64. If the sale of the Equipment is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 21. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.130-4 (0420) Supersedes 1-26.130-4(0614) FL = Furnished by Trane U.S. Inc. /Installed by Equipment Proposal Page 7 of 10 Others City of McHenry 2nd Floor Buildout Equipment 2020 May 5 2020 TERMS AND CONDITIONS — COMMERCIAL INSTALLATION "Company" shall mean Trane Canada ULC for Work performed in Canada, and Trane U.S. Inc. for Work performed In the United States. 1. Acceptance; Agreement. These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the commercial goods andlor services described (the "Work"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ('Customer) delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customers order is expressly conditioned upon Company's acceptance or assent to terms arid/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customers terms and as Company's counter-offer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counter-offer will be deemed accepted. Customers acceptance of the Work by Company vrill in any event constitute an acceptance by Customer of Company's terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Work rendered by Company to the date of cancellation. 2. Pricing and Taxes. Unless otherwise noted, the price in the Proposal includes standard ground transportation and, if required by law, all sales, consumer, use and similar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption is contingent upon Customer furnishing appropriate certificates evidencing Customers tax exempt status. Company shall charge Customer additional costs for bonds agreed to be provided. Equipment sold on an uninstalled basis and any taxable labor/labour do not include sales tax and taxes will be added. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer, the prices stated are firm provided that notification of release for immediate production and shipment is received at the factory not later than 3 months from order receipt. If such release is received later than 3 months from order receipt date, prices will be increased a straight 1% (not compounded) for each one -month period (or part thereof) beyond the 3 month firm price period up to the date of receipt of such release. If such release is not received within 6 months after date of order receipt, the prices are subject to renegotiation, or at Company's option, time order will be cancelled. Any delay in shipment caused by Customers actions will subject prices to increase equal to the percentage increase in list prices during that period of delay arid Company may charge Customer with incurred storage fees. 3. Exclusions from Work. Company's obligation is limited to the Work as defined and does not include any modifications to the Work site under the Anmericans With Disabilities Act or any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes is outside of the defined Work without a written change order signed by Customer and Company. 4. Performance. Company shall perform the Work in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs time Work Company may refuse to perform any Work where working conditions could endanger property or put at risk the safety of persons. Unless otherwise agreed to by Customer and Company, at Customer's expense and before the Work begins, Customer will provide any necessary access platforms, catwalks to safety perform the Work in compliance vAth OSHA or state industrial safety regulations. 5. Payment. Customer shall pay Company's invoices within net 30 days of invoice date. Company may invoice Customer for all equipment or material furnished, whether delivered to the installation site or to an off -site storage facility and for all Work performed on -site or off -site. No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for time equipment portion of the order. If payment is not received as required, Company may suspend performance and time time for completion shall be extended for a reasonable period of tirne not less than the period of suspension. Customer shall be liable to Company for all reasonable shutdown, standby and start-up costs as a result of the suspension. Company reserves the right to add to army account outstanding for more than 30 days a service charge equal to 1.6% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terns and conditions. If requested, Companyvnll provide appropriate lien waivers upon receipt of payment. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all equipment from Company to secure payment in full of all amounts due Company and its order for the equipment, together with these terms and conditions, form a security agreement. Customer shall keep the equipment free of all taxes and encumbrances, shall not remove the equipment from its original installation point and shall not assign or transfer any interest in the equipment until all payments due Company have been made. 6. Time for Completion. Except to time extent otherwise expressly agreed in writing signed by an authorized representative of Company, all dates provided by Company or its representatives for commencement, progress or completion are estimates only. While Company shall use commercially reasonable efforts to meet such estimated dates, Company shall not be responsible for any damages for its failure to do so. 7. Access. Company and its subcontractors shall be provided access to the Work site during regular business hours, or such other hours as may be requested by Company and acceptable to the Work site' owner or tenant for the performance of the Work, including sufficient areas for staging, mobilization, and storage. Company's access to correct any emergency condition shall not be restricted. Customer grants to Company the right to remotely connect (via phone modem, internet or other agreed upon means) to Customers building automation system (BAS) and or HVAC equipment to view, extract, or otherviise collect and retain data from the BAS, HVAC equipment, or other building systems, and to diagnose and remotely make repairs at Customers request. 8. Completion. Notwithstanding any other term or condition herein, when Company informs Customer that the Work has been completed, Customer shall inspect the Work in the presence of Company's representative, and Customer shall either (a) accept the Work in its entirety in writing, or (b) accept the Work in part and specifically identify, in writing, any exception items. Customer agrees to re -inspect any and all excepted items as soon as Company informs Customer that all such excepted items have been completed. The initial acceptance inspection shall take place within ten (10) days from time date when Company informs Customer that the Work has been completed. Any subsequent re -inspection of excepted items shall take place within five (5) days from the date when Company informs Customer that the excepted items have been completed. Customers failure to cooperate and complete any of said inspections within the required time limits shall constitute complete acceptance of the Work as of ten (10) days from date when Company informs Customer that the Work, or the excepted items, if applicable, has/have been completed. 9. Permits and Governmental Fees. Company shall secure (with Customers assistance) and pay for building and other permits and governmental fees, licenses, and inspections necessary for proper performance and completion of time Work which are legally required when bids from Company's subcontractors are received, negotiations thereon concluded, or time effective date of a relevant Change Order, whichever is later. Customer is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. If time cost of such permits, fees, licenses and inspections are not included in time Proposal, Company vnll invoice Customer for such costs. 10. Utilities During Construction. Customer shall provide without charge to Company all water, heat, and utilities required for performance of the Work. 11. Concealed or Unknown Conditions. In the performance of the Work, if Company encounters conditions at the Work site that are (i) subsurface or otherviise concealed physical conditions that differ materially from those indicated on drawings expressly incorporated herein or (ii) unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and character as time Work, Company shall notify Customer of such conditions promptly, prior to significantly disturbing same. If such conditions differ materially and cause an increase in Company's cost of, or time required for, performance of any part of the Work, Company shall be entitled to, and Customer shall consent by Change Order to, an equitable adjustment in the Contract Price, contract time, or both. 12. Pre -Existing Conditions. Company is not liable for any claims, damages, losses, or expenses, arising frorn or related to conditions that existed in, on, or upon the Work site before the Commencement Date of this Agreement ('Pre -Existing Conditions'), including, without limitation, damages, losses, or expenses involving Pre -Existing Conditions of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi. Company also is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 13. Asbestos and Hazardous Materials. Company's Work and other services in connection vnth this Agreement expressly excludes any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl ('PCB'), or other hazardous materials (hereinafter, collectively, 'Hazardous Materials'). Customer warrants and represents that, except asset forth in a writing signed by Company, there are no Hazardous Materials on lime Work site that will in any way affect Company's Work and Customer has disclosed to Company the existence and location of any Hazardous Materials in all areas within which Company will be performing the Work. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be exclusively responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws arid regulations. Customer shall be exclusively responsible for and, to the fullest extent permitted by law, shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and time payment thereof arising out of or relating to any Hazardous Materials on or about the Work site, not brought onto the Work site by Company. Company shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials or when time affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine lime Work site for the presence of Hazardous Materials. FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Proposal Page 8 of 10 Others City of McHenry 2nd Floor- Buildout Equipment 2020 May 5 2020 14. Force Majeure. Company's duly to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days notice to Customer, in which event Customershall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, 'Event of Force Majeure' includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake, tornado; slonn, fire; civil disobedience, pandemic insurrections; riots; laborlIabour disputes; labortlabour or material shortages; sabotage; restraint by courtorder or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if riot caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 15. Customer's Breach, Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due, or (2) any general assignment by Custorer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to Company for all Work furnished to date and all damages sustained by Company (including lost profit and overhead) 16. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other front any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within time scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to tine acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, nohvilhstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or tennination. 17. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 18. Patent Indemnity. Company shall protect and indemnify Customer front and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United Stales patent by any of the goods manufactured by Company and delivered hereunder, provided that in the event of suit or threat of suit for patent infringement, Company shall promptly be notified and given full opportunity to negotiate a settlement. Company does not warrant against infringement by reason of Customer's design of time articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation. Customer agrees to reasonably cooperate with Company. In connection with any proceeding under the provisions of this Section, all parties concerned shall be entitled to be represented by counsel at their own expense. 19. Linmited Warranty. Company warrants fora period of 12 months front the date of substantial completion (-Warranty Period') commercial equipment manufactured and installed by Company against failure due to defects in material and manufacture and that the IaborAabour furnished is warranted to have been property performed (the "Limited Warranty'). Product manufactured by Company that includes required startup and Is sold In North America will not be warranted by Company unless Company performs (lie product start-up. Substantial completion shall be the earlier of the date that the Work is sufficiently complete so that the Work can be utilized for its intended use or the date that Customer receives beneficial use of the Work. if such defect is discovered within time Warranty Period, Company will correct the defect or furnish replacement equipment (or, at its option, parts therefor) and, if said equipment was installed pursuant hereto, labor/labour associated with the replacement of parts or equipment not conforming to this Limited Warranty. Defects must be reported to Company within the Warranty Period. Exclusions front this Limited Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; Customers failure to follow the Company -provided maintenance plan; refrigerant not supplied by Trane; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant. Nohvithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the lesserof Company's cost to correct the defective Work and/orthe purchase price of the equipment shown to be defective. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. Trane equipment sold on an uninstalled basis is warranted in accordance with Company's standard warranty for supplied equipment. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE WORK, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE WORK OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. 20. Insurance. Company agrees to maintain the following insurance while the Work is being performed with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2.000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive its right of subrogation. 21. Commencement of Statutory Limitation Period. Except as to warranty claims, as may be applicable, any applicable statutes of limitation for acts or failures to act shall commence to run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, in any and all events not later than the last date that Company or its subcontractors physically performed work oil the project site. 22. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Work is performed, without regard to choice of law principles which might otherwise call for the application of a different state's or province's law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competentjurisdiction located in the state or province in which the Work is performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Work site is owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customers permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or time several counterparts shall suffice as an original. 23. Equal Eiiiploymaiit Oppottutiity/Affirinative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246. as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and time applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 24. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by FLD = Furnished by Trane U.S. lnc. /Installed by Equipment Proposal Page 9 of 10 Others City of McHenry 2nd Floor Buildout Equipment 2020 May 5 2020 those Federal contracting clauses that apply to 'commercial' suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory Flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Work is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding. Company will have no obligations to Customer unless and until Customer provides Companywith a true, correct and complete executed copy of the prime contract. Upon request, Customer vAll provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 25. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity orothervAse, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was perfomned; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowrledges and agrees that Company is not Subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer w ill not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.251-10(0315) Supersedes 1-26.251-10(0614) FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Proposal Page 10 of 10 Others City of McHenry Council Meeting Minutes 6.01.20 1 Minutes REGULAR CITY COUNCIL MEETING Monday, June 1, 2020, 7:00 p.m. In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe by connecting online at: https://cityofmchenry.zoom.us/j/98557493990 The public can also call in to the following number: +1 312 626 6799, Meeting ID = 985 5749 3990 Call to Order: The City Council of the City of McHenry, Illinois, met in regular session on Monday, March 16, 2020, at 7:00 p.m. The meeting was held remotely, per above statement. Roll Call: Mayor Jett called the roll call. Members present: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, 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, City Planner Sherrif, Chief of Police Birk, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge during the emergency meeting prior. Proclamation: A. Recognizing 35 years of contributions and accomplishments of Ryan Schwalenberg Mr. Schwalenberg has been working with The City of McHenry for 35 years, Mayor Jett read proclamation. In 1989 he was the first city building inspector, he also was director on the board for Fiesta Days for ten years. There was many accomplishments that Mayor Jett touched upon during the proclamation, including his work with the fire department. Mayor Jett congratulated him on a job well done and many others on the board took the time to speak out about Mr. Schwalenberg. This included Administrator Morefield as well as Director Poloercky, who stated he had learned a lot from him. Alderman Glab congratulated him as well wished him luck. Alderwoman Miller spoke about her long mentorship with Mr. Schwalenberg and his efforts with real estate, she thanked him. Chief Birk, also commented about working with Mr. Schawlenberg and how they did work together and that he was true to himself and had a great work ethic. B. Pride Month – June 2020 Public Comments: none City of McHenry Council Meeting Minutes 6.01.20 4 Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Approve the issuance of a contract purchase order for the 4th year option for bulk road salt to Compass Minerals America, Inc., Overland Park, Kansas in an amount not to exceed $97,110.00 (1,500 tons @ $64.74 per ton); B. Approve the purchase of two Flgyt NP-3102 pumps from Xylem Water Solutions USA to replace the two current Flygt pumps in the East Dartmoor Avenue Lift Station in the amount of $13,829.60; C. Approve the attached proposals from Water Well Solutions of Oconomowoc, Wisconsin in the amounts of $4,980.00 and $12,645.00. D. May 18, 2020, City Council Meeting Minutes; E. Issuance of Checks in the amount of $136,328.12. A motion was made by Alderman Santi and seconded by Alderman Glab to approve Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Individual Action Item Agenda: A. Motion to approve the continuation of the local disaster emergency for the City of McHenry pursuant to Section 6-1-14, Declaration of Local Emergency, of the Municipal Code to June 1, 2020 Presented by Attorney McArdle, this extention is for 30 days, which is July 1, which is a declaration, of local and state of emergency. The continuation of local disaster emergency, this is the fourth continuation for federal reimbursement through July 20th, which is for the funding. Some typos will be corrected by Attorney McArdle. Some questions were raised regarding the city council approval by Alderman Glab. Some discussion went on regarding the pandemic. Many of the decisions being made during these times are being done with others. All decisions were made based on the Governor of Illinois and his executive orders. Many council members are good with moving forward, some would like to look at it again mid-July. Many of the members support with council to review this every thirty days. Mayor Jett also showed his support. A motion was made by Alderman Schaefer and seconded by Alderman Harding to approve Individual Agenda items as presented. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. B. Motion to 1) approve a Resolution authorizing the use of Motor Fuel Tax (MFT) Funds for the Bull Valley Road and Dartmoor Drive STP projects; 2) approve an Ordinance amending the FY20/21 Motor Fuel Tax Budget in the amount of $96,195.00; and, 3) award a Preliminary Engineering Services Agreement (Phases 1 & 2) to Hampton, City of McHenry Council Meeting Minutes 6.01.20 4 Lenzini, & Renwick, Inc. in the amounts of $44,275.00 (Bull Valley Road) and $51,920.00 (Dartmoor Drive). Director of Public Works Strange, explained this item. There were no questions by council. No public comment. A motion was made by Alderman Santi and seconded by Alderwoman Glab to approve Individual Agenda items as presented. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. C. Motion to 1) approve a Resolution authorizing the use of Motor Fuel Tax (MFT) Funds for the Green Street STP project; 2) approve an Ordinance amending the FY20/21 Motor Fuel Tax Budget in the amount of $66,965.00; and 3) award a Preliminary Engineering Services Agreement (Phases 1 & 2) to HR Green, Inc. in the amount of $66,965.00. Presented by Director of Public Works Strange, the location was described at Green street Charles Miller road and Route 120. Alderman Glab asked engineering questions about contracts. These are different regarding there needs to be a plan profile set and environmental testing that needs to be done regarding this item. A motion was made by Alderman Glab and seconded by Alderwoman Miller to approve Individual Agenda items as presented. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. D. 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. Attorney McArdle, stated that they can be released. No questions or comments. A moti on was made by Alderman Santi and seconded by Alderwoman Miller to approve Individual Agenda items as presented. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. . Discussion Items: wanted to know if we can cancel the July 6th meeting. Majority were comfortable canceling unless there is a full phase out of COVID. Mayor’s Report: Mayor Jett thanked everyone for their support during these times. City Council Comments: The protest was peaceful that happened in Veterans Park, as explained by Chief Birk. City of McHenry Council Meeting Minutes 6.01.20 4 Roadway surfacing is done, per Director of Public Works Strange he is looking to schedule committee meetings in August. City Hall is now open per Administrator Morefield, to pay bills or get information, following social distancing. Alderman Glab wants to add city staff comments section to agenda, it was accidentally left off will be added to agenda for next meeting. The question was also raised by Alderman Glab he wanted to know if fireworks can be done with public in cars instead of park. Director of Parks and Recreation Hobson did stated that it was postponed indefinitely. Executive Session if Needed: No session needed Adjourn: A motion was made Alderwoman Miller and seconded by Alderman Santi to adjourn the meeting at 8:50 PM. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller, Mayor Jett. 0-nays, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel Expense Approval Register 04 McHenry, IL List of Bills Council Meeting 6-15-20 11Me llry Vendor Name Payable Number Post Date Description (item) Account Number Amount Vendor: ADAMS AUTO BODY ADAMS AUTO BODY INV0010022 06/15/2020 REFUND SHAMROCKS THE FOX 200-00-5110 10000.00 Vendor ADAMS AUTO BODY Total: 1,000.00 Vendor: AQUA PA AQUA PA MS-2396525 06/15/2020 READS FROM: 3/20/20-5/19/20 510-32-5110 15930 Vendor AQUA PA Total: 159,30 Vendor: BADILLO, MANUEL BADILLO, MANUEL 0043026/4/20 06/15/2020 OVERPDCOURT 100-22-3555 202,50 Vendor BADILLO, MANUELTotal: 202,50 Vendor: BAKER & SON CO, PETER BAKER &SON CO, PETER 28727 04/30/2020 HMA BNDR 100-33-6110 237,12 Vendor BAKER & SON CO, PETER Total: 237,12 Vendor: BAXTER & WOODMAN BAXTER & WOODMAN 0213743 06/15/2020 HOME OF SP WATER MAIN 510-35-5110 252,65 BAXTER & WOODMAN 0213877 06/15/2020 CURRAN RD 270-00-8600 546.28 Vendor BAXTER &WOODMAN Total: 798,93 Vendor: BPH PUMP & EQUIPMENT INC BPH PUMP & EQUIPMENT INC 5989 04/30/2020 COUPLING/SPIDER 100-03-6110 143,48 Vendor BPH PUMP & EQUIPMENT INCTotal: 143,48 Vendor: COMED COMED INV0010023 06/15/2020 UTIL 100-33-5520 376,47 COMED INV0010023 06/15/2020 UTIL 100-45-5510 96,31 COMED INV0010023 06/15/2020 UTIL 100-45-5510 192.23 COMED INV0010023 06/15/2020 UTIL 400-00-5510 3,067.33 COMED INV0010024 06/15/2020 UTIL 510-31-5510 1,225.92 COMER INV0010024 06/15/2020 UTIL 510-31-5510 21456,13 COMED INV0010024 06/15/2020 UTIL 510-32-5510 81786,80 COMED INV0010024 06/15/2020 UTIL 510-32-5510 21177,70 Vendor COMED Total: 18,378.89 Vendor: CONDUENT FIR CONSULTING LLC CONDUENT HR CONSULTING 2446637 06/15/2020 BCBS APRIL 2020 SVS FEES 600-00-6960 63,00 Vendor CONDUENT FIR CONSULTING LLC Total: 63,00 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY INV0010025 06/15/2020 UTIL 100-33-5520 27,251,20 CONSTELLATION NEWENERGY INV0010025 06/15/2020 UTIL 100-42-5510 452.30 CONSTELLATION NEWENERGY INV0010025 06/15/2020 UTIL 100-44-5510 24.48 CONSTELLATION NEWENERGY INV00IG025 06/15/2020 UTIL 100-45-5510 348.92 CONSTELLATION NEWENERGY INV0010025 06/15/2020 UTIL 100-46-5510 19.89 CONSTELLATION NEWENERGY INV0010026 06/15/2020 UTIL 510-32-5510 53.25 Vendor CONSTELLATION NEWENERGY INCTotal: 28,150.04 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 18631 06/15/2020 COMMSURF 100-33-6110 24,92 Vendor CURRAN CONTRACTING COMPANYTotal: 24.92 Vendor: DIRECT ENERGY BUSINESS DIRECT ENERGY BUSINESS INV0010027 06/15/2020 UTIL 510-31-5510 5,817.24 DIRECT ENERGY BUSINESS INV0010027 06/15/2020 UTIL 510-32-5510 16,440.67 Vendor DIRECT ENERGY BUSINESS Total: 22,257.91 Vendor: EVERBRIDGE EVERBRIDGE M50190 06/15/2020 NIXLE 5/1/20-4/30/21 100-01-5110 11000,00 EVERBRIDGE M50190 06/15/2020 NIXLE 5/1/20-4/30/21 100-22-5110 6,000.00 6/10/2020 2:42:03 PM Expense Approval Register Packet: APPKT01844 - 6-15-20 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount EVERBRIDGE M50190 06/15/2020 NIXIE 5/1/20-4/30/21 100-33-5110 1,000.00 Vendor EVERBRIDGE Total: 8,000.00 Vendor: FIRST STUDENT CORP FIRST STUDENT CORP 9339626 04/30/2020 CAMP BUS HS 100-46-5110 800,00 Vendor FIRST STUDENT CORP Total: Boom Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00351633 04/30/2020 MON RADIO MAINT3/16- 225-00-5110 11371,50 FOX VALLEY FIRE &SAFETY IN00353119 06/15/2020 MASTERCOIL SPRING CO RADIO 225-00-5110 195,00 Vendor FOX VALLEY FIRE & SAFETYTotak 1,566.50 Vendor: GALLS LLC GALLS LLC 15712803 06/15/2020 ALLEW UNIFORM ORDER 100-23-4510. 99,15 Vendor GALLS LLC Total: 99,15 Vendor: ILCMA ILCMA INV0010028 06/15/2020 ICMA FEN D MOREFIELD 100-01-5410 353,75 Vendor ILCMA Total: 353,75 Vendor: ILLINOIS DIRECTOR OF EMPLOYMENT SECURITY ILLINOIS DIRECTOR OF 702000796 06/15/2020 1/19/20-3/14/20 UNEMPLC 400-00-4135 5,032,00 Vendor ILLINOIS DIRECTOR OF EMPLOYMENT SECURITY Total: 51032,00 Vendor: JETTS HEATING &AIR INC JETTS HEATING & AIR INC 4406540 04/30/2020 RTU 4 GAS VALVE 400-00-5375 1,070.08 Vendor JETTS HEATING &AIR INC Total: 1,070.08 Vendor: MARSH USA INC MARSH USA INC 376338881246 06/15/2020 NOTARY BOND P GARRETT 100-23-5110 20.00 Vendor MARSH USA INCTotal: 20,00 Vendor: MCHENRY COUNTY COLLECTOR MCHENRY COUNTY COLLECTOR INV0010029 06/15/2020 FIRST INSTALL PROP TAX 280-41-6940 4,987.66 MCHENRY COUNTY COLLECTOR INV0010030 06/15/2020 1ST INSTALL PROP TAX 590-00-6940 12,699.63 Vendor MCHENRY COUNTY COLLECTOR Total: 17,687,29 Vendor: MCHENRY COUNTY DIV OF TRANSPORTATION MCH ENRY COUNTY DIV OF C100018778 04/30/2020 MCRIDESHARE 100-01-5110 2,811.67 MCHENRY COUNTY DIV OF C118778 06/15/2020 MCRIDE 100-01-5110 51623,33 Vendor MCHENRY COUNTY DIV OF TRANSPORTATION Total: 8,435.00 Vendor: MCHENRY TOWNSHIP FIRE PROTECTION DIST MCHENRY TOWNSHIP FIRE INV0010031 06/15/2020 FY 19/20 ALARM BOARD 225-00-5110 49,968,73 Vendor MCHENRY TOWNSHIP FIRE PROTECTION DIST Total: 4%968.73 Vendor: MENARDS - WOODSTOCK MENARDS-WOODSTOCK 27329 06/15/2020 LANDSCAPE SUPPLIES 100-45-6110 173,98 Vendor MENARDS - WOODSTOCK Total: 173,98 Vendor: MULTISYSTEM MANAGEMENT COMPANY INC MULTISYSTEM MANAGEMENT 2277 06/15/2020 MAY 2020 JAN SVS PW 100-33-5115 250.00 Vendor MULTISYSTEM MANAGEMENT COMPANY INC Total: 250,00 Vendor: NICOR GAS NICOR GAS INVO010032 06/15/2020 UTIL 100-42-5510 728.45 NICOR GAS INV0010032 06/15/2020 UTIL 100-43-5510 121,39 NICORGAS INV0010032 06/15/2020 UTIL 100-45-5510 259,87 NICORGAS INV0010032 06/15/2020 UTIL 100-46-5510 48,55 NICORGAS INV0010033 06/15/2020 UTIL 510-31-5510 689,52 NICOR GAS INV0010033 06/15/2020 UTIL 510-32-5510 9,913,96 Vendor NICOR GAS Total: 11,761.74 Vendor: NISRA NISRA 30176/9/20 06/15/2020 MEMBER DUES 100-41-5410 124,443.00 Vendor NISRA Total: 124,443.00 Vendor: NORTHWESTERN MEDICINE NORTHWESTERN MEDICINE INV0010034 04/30/2020 K RIFE ER 610-00-5960 150,00 Vendor NORTHWESTERN MEDICINE Total: 150,00 6/10/2020 2:42:03 PM Expense Approval Register Packet: APPKT01844 - 6-15-20 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: STAPLES BUSINESS CREDIT STAPLES BUSINESS CREDIT 1629262441 06/15/2020 SUPP 100-01-6210 11.66 STAPLES BUSINESS CREDIT 1629262441 06/15/2020 SUPP 100-03-6110 57.79 STAPLES BUSINESS CREDIT 1629262441 06/15/2020 SUPP 100-04-6110 353.62 STAPLES BUSINESS CREDIT 1629262441 06/15/2020 SUPP 100-22-6210 40.16 STAPLES BUSINESS CREDIT 1629262441 06/15/2020 SUPP 100-33-6210 11.66 STAPLES BUSINESS CREDIT 1629262441 06/15/2020 SUPP 100-41-6210 14.25 STAPLES BUSINESS CREDIT INV0010035 04/30/2020 OFFICE SUPP 100-33-6210 55.95 STAPLES BUSINESS CREDIT INV0010036 06/15/2020 SUPP 510-32-6210 11.66 Vendor STAPLES BUSINESS CREDIT Total: 556,74 Vendor: UMB BANK NA UMB BANK NA 746686 06/15/2020 ADMIN FEES 300-00-7300 318.00 Vendor UMB BANK NA Total: 318.00 Vendor: UPS UPS 60X485220 06/15/2020 SHIPPING 100-04-5310 10.22 UPS 60X485220 06/15/2020 SHIPPING 100-30-5310 8.56 Vendor UPS Total: 18.78 Vendor: VERIZON WIRELESS VERIZON WIRELESS INV0010076 04/30/2020 MONTHLY CELL PHONE 620-00-5320 2,244.33 Vendor VERIZON WIRELESS Total: 21244,33 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 142981 04/30/2020 COVID 100-01-5230 61605,45 ZUKOWSKI ROGERS FLOOD & 142979 04/30/2020 - TRAFFIC 100-01-5230 3,501.30 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 10,106.75 Grand Total: 314,471,91 6/SO/2020 2:42:03 PM Expense Approval Register Fund Summary Packet: APPKT01844 - 6-15-20 AP CKS Fund 100-GENERAL FUND DO- TOURISM FUND 225-ALARM BOARD FUND 270 -MOTOR FUEL TAX FUND 280-DEVELOPER DONATION FUND 300 -DEBT SERVICE-1997A FUND 400 -RECREATION CENTER FUND 510-WATER/SEWER FUND 590- MARINA OPERATIONS FUND 600- EMPLOYEE INSURANCE FUND TO- RISK MANAGEMENT FUND 620- INFORMATION TECHNOLOGY FUND Expense Amount 183,773,57 11000,00 51,535.23 546,28 4,987.66 318,00 91169,41 47,984,80 12,699.63 63.00 150.00 2,24433 Grand Total: 314,471.91 Expense Approval Register McHenry, it #2 List of Bills Council Meeting 6-10-20 Mct Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ADAMS ENTERPRISES INC, RA ADAMS ENTERPRISES INC, RA S024964 06/15/2020 backup alarm and dust cap 100-33-5370 70.68 Vendor ADAMS ENTERPRISES INC, R A Total: 70.68 Vendor: AQUALAB WATER TREATMENT, INC AQUALAB WATER TREATMENT, 4902 06/15/2020 Water Treatment 100-03-5120 100,00 Vendor AQUALA13 WATER TREATMENT, INC Total: 100,00 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC 303418 06/15/2020 tires 326 100-22-5370 636,52 Vendor AUTO TECH CENTERS INC Total: 636,52 Vendor: BHFX DIGITAL IMAGING BHFX DIGITAL IMAGING 365022 06/15/2020 Bond Roll Copy Paper 100-03-6210 320,60 Vendor BHFX DIGITAL IMAGING Total: 320,60 Vendor: BUSS FORD SALES BUSS FORD SALES 5037767 06/15/2020 fan 313 100-22-5370 311,78 BUSS FORD SALES 5037789 06/15/2020 wire pigtail 325 100-22-5370 57.96 BUSS FORD SALES 5037821 06/15/2020 coolantfan 100-22-5370 311,78 BUSS FORD SALES 6064729 06/15/2020 water pump 315 100-22-5370 21870,89 Vendor BUSS FORD SALES Total: 31552,41 Vendor: C&S FABRICATION SERVICES, INC C&S FABRICATION SERVICES, 6135 06/15/2020 MS42 Auger Motor Mount 510-32-5375 1,330.22 Vendor C&S FABRICATION SERVICES, INC Total: 10310,22 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 62740 06/15/2020 Gloves/tissue 100-03-5120 100.65 CABAY & COMPANY INC 62824 06/15/2020 Sanitizer Dispenser/Foam Soap 100-03-5120 99.88 Vendor CABAY& COMPANY INCTmab 200.53 Vendor: CDW GOVERNMENT INC CDW GOVERNMENT INC 6202021018 06/15/2020 Adobe Acrobat Standard&Pro 62G-00-6110 5,685.64 CDW GOVERNMENT INC 6202021019 06/15/2020 Adobe InDesign CC Renewal 620-00-6110 391,70 Vendor CDW GOVERNMENT INC Total: 6,077.34 Vend or: CENTURY SPRINGS CENTURY SPRINGS 2474253 06/15/2020 Lab Water 510-32-6110 35,00 CENTURY SPRINGS 2478705 06/15/2020 Lab Water 510-32-6110 19,00 CENTURYSPRINGS 2483951 06/15/2020 Water 100-03-5120 59,98 Vendor CENTURY SPRINGS Total: 113,98 Vendor: CLEAN SWEEP CLEAN SWEEP PS322154 06/15/2020 Street sweeping PS322154 100-33-5110 8,855.00 Vendor CLEAN SWEEP Total: 8,855.00 Vendor: COMCAST CABLE COMCAST CABLE 28666/5/20 06/15/2020 PW Cable TV&Internet 620-00-5110 139,81 COMCASTCABLE 6202021024 06/15/2020 CH Monthly Internet 620-00-5110 164,85 COMCASTCABLE 6202021030 06/15/2020 CH Cable TV 620-00-5110 21,69 COMCAST CABLE 6202021031 06/15/2020 WW Cable TV&Internet 620-00-5110 124,87 Vendor COMCAST CABLE Total: 451,22 Vendor: CORE & MAIN CORE &MAIN M452815 06/15/2020 Break away kit 510-35-6110 222,00 Vendor CORE & MAIN Total: 222,00 Vendor: CUMMINS INC CUMMINSINC F2-68295 06/15/2020 West Dartmoor Generator 510-32-5380 1,142.85 Vendor CUMMINS INC Total: 10142,85 6/10/2020 2:44:05 PM Expense Approval Register Packet: APPKT01847 - 6-10-20 RECT INV Vendor Name Payable Number Post Date Description (item) Account Number Amount Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS 1152903 06/15/2020 V-Belt 100-03-5120 11.20 DREISILKER ELECTRIC MOTORS 1153342 06/15/2020 Anne St. Replacement Starter 510-32-5380 220.73 Vendor DREISILKER ELECTRIC MOTORS INCTotal: 231.93 Vendor: E. ARIEL ROOFING SOLUTIONS, LLC E. ARIEL ROOFING SOLUTIONS, 1876 06/15/2020 TO Monthly Maintenance City 100-03-5120 360.00 Vendor E. ARIEL ROOFING SOLUTIONS, LLC Total: 360,00 Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP ED'S AUTOMOTIVE/11M'S 21865/31/20 06/15/2020 Truck#624 Safety Lane 510-32-5370 30,00 Vendor ED'S AUTOMOTIVE/lIM'S MUFFLER SHOP Total: 30,00 Vendor: ED'S RENTAL & SALES INC ED'S RENTAL &SALES INC 292089-1 06/15/2020 propane tank refill forklift 510-35-5370 27,84 Vendor ED'S RENTAL & SALES INC Total: 27,84 Vendor: ELINEUP LLC ELINEUP LLC 793 06/15/2020 ELINEUP SOFTWARE MAINT 100-22-5110 600,00 Vendor ELINEUP LLC Total: 600,00 Vendor: ESRI ESRI 93833248 06/15/2020 ESRI Annual Software 510-35-5110 500.00 Vendor ESRI Total: 500.00 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 13437 06/15/2020 Ready Mix Concrete #13437 100-33-6110 11233,50 FISCHER BROS FRESH 13469 06/15/2020 Ready Mix Concrete #13469 100-33-6110 436,00 Vendor FISCHER BROS FRESH Total: 1,669.50 Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 56822 06/15J2020 Straw Blanket #56822 510-35-6110 162.00 FOXCROFT MEADOWS INC 56860 06/15/2020 Seed,straw blanket 100-33-6110 647.00 Vendor FOXCROFT MEADOWS INC Total: 809,00 Vendor: GALLS LLC GALLS LLC 015661867 06/15/2020 UNIFORM ORDER- PENA 100-22-4510 19,13 GALLS LLC 015671162 06/15/2020 UNIFORM ORDER - MORALES 100-22-4510 172,94 GALLS LLC 015675026 06/15/2020 UNIFORM ORDER -HERNANDEZ 100-22-4510 125,90 GALLS LLC 015692337 06/15/2020 UNIFORM ORDER -NOYES 100-22-4510 205,50 GALLS LLC 015694015 06/15/2020 UNIFORM ORDER -CAREY 100-22-4510 139,14 GALLS LLC 015712803 06/15/2020 UNIFORM ORDER- ALLEN 100-22-4510 99.15 GALLS LLC 015714110 06/15/2020 UNIFORM ORDER- MADER 100-22-4510 83,91 GALLS LLC 015715828 06/15/2020 UNIFORM ORDER-KINNEY 100-22-4510 166.20 GALLS LLC 015761267 06/15/2020 UNIFORM ORDER-CRUZ 100-22-4510 155,45 GALLS LLC 015761817 06/15/2020 UNIFORM ORDER-K. DUCAK 100-22-4510 145,99 GALLS LLC 015762133 06/15/2020 UNIFORM ORDER- LEIBACH 100-23-4510 109.00 GALLS LLC 015769401 06/15/2020 UNIFORM ORDER 100-22-4510 86.52 GALLS LLC 015799585 06/15/2020 UNIFORM ORDER -CAREY 100-22-4510 4.47 GALLS LLC 015800715 06/15/2020 UNIFORM ORDER -MADER 100-22-4510 51.45 GALLS LLC 015806232 06/15/2020 UNIFORM ORDER - MORALES 100-22-4510 35,50 Vendor GALLS LLC Total: 11600,25 Vendor: HARM'S FARM HARM'S FARM 28121 06/15/2020 Landscaping Supplies 500-45-6130 135.92 Vendor HARM'S FARM Total: 135.92 Vendor: HAWKINS INC HAWKINS INC 4711355 06/15/2020 Chemical Delivery 510-32-6110 4,667.85 HAWKINS INC 4714490 06/15/2020 Chemical Delivery 510-32-6110 4,667.85 HAWKINS INC 4719604 06/15/2020 Chemical Delivery 510-32-6110 4,667.85 HAWKINS INC 4722603 06/15/2020 Chemical Delivery 510-32-6110 3,608.40 HAWKINS INC 4723265 06/15/2020 Chemical Delivery 510-32-6110 81581,77 Vendor HAWKINS INC Total: 26,193.72 6/10/2020 2:44:05 PM Expense Approval Register Packet: APPKT01847 - 6-10-20 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3019499286 06/15/2020 415 100-33-5370 375,00 . Vendor INTERSTATE BILLING SERVICE INCTotal: 375,00 Vendor: IT'S RACE TIME INC IT'S RACE TIME INC 1282 06/15/2020 2020 River Run Cancelation Fee 100-47-6920 500,00 Vendor IT'S RACE TIME INCTotal: 500,00 Vendor: JG UNIFORMS INC JG UNIFORMS INC 71815 06/15/2020 UNIFORM ORDER- ELLIS 100-22-4510 154,00 Vendor JG UNIFORMS INC Total: 154,00 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 7967262 06/15/2020 stock 510-32-5370 113,13 KIMBALL MIDWEST 7968739 06/15/2020 wasp spray 100-33-5370 167,88 KIMBALLMIDWEST 7984687 06/15/2020 stock 100-22-5370 183.98 Vendor KIMBALL MIDWEST Total: 464,99 Vendor: KOMLINE-SANDERSON KOMUNE-SANDERSON 42046722 06/15/2020 2 Meter GBT Replacement Belt 510-32-5375 1,548.14 KOMLINE-SANDERSON 42046745 06/15/2020 2 Meter Belt Press- 510-32-5375 11670,58 Vendor KOMLINE-SANDERSON Total: 3,21832 Vendor: LAI LTD LAI LTD 20-17345 06/15/2020 Parts for post aeration blower 510-32-5375 41329,25 Vendor LAI LTD Total: 41329*25 Vendor: LANG AUTO GROUP, GARY LANG AUTO GROUP, GARY 5047465 06/15/2020 arm wiper 319 100-22-5370 36,86 LANG AUTO GROUP, GARY S047507 06/15/2020 cover peke 310 100-22-5370 14.75 Vendor LANG AUTO GROUP, GARYTotal: 51,61 Vendor: MAC & ASSOCIATES MAC & ASSOCIATES 0220-1 06/15/2020 Appraisal 100-03-5110 750.00 MAC & ASSOCIATES 0220-2 06/15/2020 Appraisal 100-03-5110 750,00 MAC & ASSOCIATES 0220-3 06/15/2020 Appraisal 100-03-5110 750,00 Vendor MAC & ASSOCIATES Total: 21250,00 Vendor: MENARDS-CRYSTAL LAKE MENARDS-CRYSTAL LAKE 21470 06/15/2020 Landscape Supplies/Downtown 100-45-6110 101,81 Vendor MENARDS -CRYSTAL LAKE Total: 101,81 Vendor: MENARDS - W OODSTOCK MENARDS -WOODSTOCK 27331 06/15/2020 Landscape Supplies 100-45-6110 79,80 Vendor MENARDS - WOODSTOCK Total: 79,80 Vendor: MENARDS-FOX LAKE MENARDS-FOX LAKE 67124 06/15/2020 Landscape Supplies 100-45-6110 165.99 MENARDS-FOX LAKE 67129 06/1S/2020 Landscape Supplies 100-45-6110 84,98 MENARDS-FOX LAKE 67130 06/15/2020 Landscape Supplies 100-45-6110 110,78 Vendor MENARDS-FOX LAKE Total: 361,75 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 229073W 06/15/2020 Fittings 510-35-6110 334,00 MID AMERICAN WATER OF 229089W 06/15/2020 Irrigation Supplies 100-45-6110 11024,40 MID AMERICAN WATER OF 229163W 06/15/2020 2inch comp. cpuplings 510-35-6110 225,70 MID AMERICAN WATER OF 229516W 06/15/2020 12inch ADS pipe 100-33-6110 492,00 Vendor MID AMERICAN WATER OF WAUCONDA INCTotal: 20076,10 Vendor: MIDWEST METER INC MIDWEST METER INC 0121637-IN 06/15/2020 meters 510-31-6110 2,248.25 Vendor MIDWEST METER INCTotal: 2,248,25 Vendor: MIDWEST POWER INDUSTRY, INC MIDWEST POWER INDUSTRY, 195 06/15/2020 LOAD TEST 100-23-5110 11050,00 MIDWEST POWER INDUSTRY, 196 06/15/2020 GENERATOR MONITORING 100-23-5110 360,00 Vendor MIDWEST POWER INDUSTRY, INCTotal: 10410,00 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 94148 06/15/2020 Business Cards 100-45-6210 106.00 6J10/2020 2:44:05 PM Expense Approval Register Packet: APPKT01847 - 6-10-20 RECF INV Vendor Name Payable Number Post Date Description (item) Account Number Amount MINUTEMAN PRESS OF MCH 94160 06/15/2020 Downtown Signage 100-01-6110 102.00 MINUTEMAN PRESS OF MCH 94172 06/15/2020 Downtown Signage 100-01-6110 102.00 MINUTEMAN PRESS OF MCH 94191 06/15/2020 Parks Signage 100-45-6110 100.00 Vendor MINUTEMAN PRESS OF MCH Total: 410.00 Vendor: MOTOROLA MOTOROLA 4990620200430 06/15/2020 MONTHLY SERVICE 100-22-5320 21419,00 Vendor MOTOROLA Total: 20419,00 Vendor: OLSON AUTO BODY OLSON AUTO BODY 1315 06/15/2020 318 FRONT BUMPER 100-22-5370 241.55 Vendor OLSON AUTO BODY Total: 241.55 Vendor: ON LI N ELA B ELS.COM ONLINELABELS.COM 5758451 06/15/2020 orange stickers 100-03-6210 40.27 Vendor ONLINELABELS.COM Total: 40.27 Vendor: PDC LABORATORIES INC PDC LABORATORIES INC 19417851 06/15/2020 May samples 510-31-5110 450.00 Vendor PDC LABORATORIES INC Total: 450.00 Vendor: PDQ.COM CORPORATION PDQ.COM CORPORATION 6202021011 06/15/2020 Renew- PDQ Inventory 620-00-5110 450.00 PDQ.COM CORPORATION 6202021011 06/15/2020 Renew- PDQ Deploy Enterprise 620-00-5110 450.00 Vendor PDQ.COM CORPORATION Total: 900.00 Vendor: PETROCHOICE LLC PETROCHOICE LLC 11306107 06/15/2020 Fuel BIII 100-03-6250 60.77 PETROCHOICE LLC 11313951 06/15/2020 Fuel - UTY - 11313951 510-35-6250 258.54 PETROCHOICE LLC 11313962 06/15/2020 Fuel Bill 100-03-6250 67.29 PETROCHOICE LLC 11313967 06/15/2020 FUEL11313967 100-22-6250 1,618.53 PETROCHOICE LLC 11319082 06/15/2020 Fuel - UTY - 11319082 510-35-6250 177.12 PETROCHOICE LLC 11319094 06/15/2020 Fuel Bill 100-03-6250 85.37 PETROCHOICE LLC 11319095 06/15/2020 Fuel - WW - 1131909S 510-32-6250 29.35 PETROCHOICE LLC 11319096 06/15/2020 Fuel - WTR - 11319096 510-31-6250 127.72 PETROCHOICE LLC 11319098 06/15/2020 Fuel - STS - 11319098 100-33-6250 277.19 PETROCHOICE LLC 11319099 06/15/2020 FUEL 11319099 100-22-6250 1,432.37 PETROCHOICE LLC 11323214 06/15/2020 Fuel- UTY-11323214 510-35-6250 264.90 PETROCHOICE LLC 11323226 06/15/2020 Fuel - WW - 11323226 510-32-6250 151.57 PETROCHOICE LLC 11323227 06/15/2020 Fuel - WTR - 11323227 510-31-6250 136.92 PETROCHOICE LLC 11323229 06/15/2020 Fuel - STS - 11323229 100-33-6250 361.19 PETROCHOICE LLC 11323230 06/15/2020 FUEL 11323230 100-22-6250 971.90 PETROCHOICE LLC 11330663 06/15/2020 FUEL11330663 100-22-6250 1,669.72 Vendor PETROCHOICE LLC Total: 7,690.45 Vendor: PLATINUM HEATING & COOLING INC PLATINUM HEATING & 9067 06/15/2020 Parts and labor to fix bldg. 40 510-32-5370 70929,17 Vendor PLATINUM HEATING & COOLING INCTotai: 70929,17 Vendor: PROGRESS SOFTWARE CORP PROGRESS SOFTWARE CORP IN654163 06/15/2020 Network Monitoring Software 620-00-5110 11000,00 Vendor PROGRESS SOFTWARE CORP Total: 11000,00 Vendor: PROSHRED SECURITY PROSHRED SECURITY 990057184 06/15/2020 MONTHLY SHRED 100-22-5110 53.00 Vendor PROSHRED SECURITY Total: 53.00 Vendor: PURO CLEAN PURO CLEAN 20-0103 06/15/2020 CLEAN/DISINFECT SQUAD 100-22-5110 250.00 Vendor PURO CLEAN Total: 250.00 Vendor: RADICOM INC RADICOM INC 105689 06/15/2020 REPROGRAM RADIO 100-23-5110 500.00 Vendor RADICOM INCTotai: 500.00 Vendor: REINDERS INC REINDERS INC 1831839-00 06/15/2020 mower parts 163 100-45-5370 289.68 6/10/2020 2:44:05 PM Expense Approval Register Packet: APPKT01847 - 6-10-20 RECT INV Vendor Name Payable Number Post Date Description (item) Account Number Amount REINDERS INC 1831839-01 06/15/2020 mower parts 163 100-45-5370 128.18 Vendor REINDERS INCTotal: 417,86 Vendor: ROCK'N' KIDS INC ROCK'N'KIDS INC MCHVSP20 06/15/2020 Contract - Tot Rock 100-41-5110 20,00 Vendor ROCK'N' KIDS INC Total: 20,00 Vendor: RUSSO POWER EQUIPMENT RUSSO POWER EQUIPMENT SPI10253855 06/15/2020 carb rototlller 100-45-5370 29,99 RUSSO POWER EQUIPMENT SPI10267967 06/15/2020 hedge trimmer parts 100-45-5370 42.95 Vendor RUSSO POWER EQUIPMENT Total: 72,94 Vendor: SCHOPEN PEST SOLUTIONS INC SCHOPENPESTSOLUTIONS INC 8583 06/15/2020 Pest Control 100-03-5120 162,00 Vendor SCHOPEN PEST SOLUTIONS INC Total: 162,00 Vendor: STANS LPS MIDWEST STANS LPS MIDWEST 6202021027 06/15/2020 MFP Monthly Page Count Ricoh 620-00-5110 394,01 STANS LPS MIDWEST 6202021028 06/15/2020 MFP DaaS/Monthly Page 620-00-5110 337,94 Vendor STANS LPS MIDWESTTotal: 731,95 Vendor: STOCK +FIELD STOCK +FIELD 115025/31/20 06/15/2020 Vehicle Maintenence 100-45-5370 26.91 STOCK+FIELD INV0010075 06/15/2020 Shop Supplies 100-45-6110 54.20 Vendor STOCK+ FIELD Total: 81,11 Vendor: SUPERIOR ROAD STRIPING, INC SUPERIOR ROAD STRIPING, INC 738220 06/15/2020 Thermo Painting (Various 100-33-5110 3,185.05 Vendor SUPERIOR ROAD STRIPING, INC Total: 30185,05 Vendor: TEST GAUGE INC TEST GAUGE INC SOS-75754 06/15/2020 RPZ Parts 510-32-5375 186.00 TEST GAUGE INC SOS-75791 06/15/2020 eackflow test kit calibration 100-03-6270 11234 Vendor TEST GAUGE INC Total: 298,34 Vendor: TEXAS REFINERY CORP TEXAS REFINERY CORP 198153 06/15/2020 Paddle Dryer -Oil Drum for 510-32-5375 21398,70 Vendor TEXAS REFINERY CORP Total: 21398,70 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRASTROBE 077336 06/15/2020 REPLACE IDLE BUTTON 321 100-22-5370 96.95 Vendor ULTRA STROBE COMMUNICATIONS INCTotal: 96,95 Vendor: UNITED LABORATORIES UNITED LABORATORIES INV287735 06/15/2020 hand towels 100-33-6110 252.32 Vendor UNITED LABORATORIES Total: 252,32 Vendor: USA BLUEBOOK USA BLUEBOOK 253293 06/15/2020 Hydrant tags 510-35-6110 99.73 Vendor USA BLUEBOOK Total: 99.73 Vendor: VERIZON CONNECT NWF, INC VERIZON CONNECT NWF, INC CITY39205V02133170 06/15/2020 GPS for Trucks (May 2020) 100-33-6110 453,70 Vendor VERIZON CONNECT NWF, INCTotal: 453,70 Vendor: WATER WELL SOLUTIONS WATER WELL SOLUTIONS 509428 06/15/2020 well 10 emergency service 510-31-5110 4,980.00 Vendor WATER WELL SOLUTIONS Total: 4,980.00 Vendor: WELCH BROS INC WELCH BROS INC 3085084 06/15/2020 Precast Barriers - #2095909 100-33-6110 700.00 WELCH BROS INC 3085085 06/15/2020 Precast Barriers - 02095907 100-33-6110 700,00 WELCH BROS INC 3085086 06/15/2020 Precast Barriers - 112095908 100-33-6110 700.00 WELCH BROS INC 3085209 06/15/2020 Precast Barriers -t12095906 100-33-6110 700.00 WELCH BROS INC 3085210 06/15/2020 Precast Barriers-U2095905 100-33-6110 700.00 Vendor WELCH BROS INCTotal: %500.00 Vendor: WORKPLACE SOLUTIONS WORKPLACE SOLUTIONS INV20139 06/15/2020 LAP Services 5/1/20-5/31/20 100-05-5110 450.42 Vendor WORKPLACE SOLUTIONS Total: 450,42 6/10/2020 2:44:05 PM Expense Approval Register Vendor Name Payable Number Vendor: UP SALES & SERVICE ZEP SALES & SERVICE 9005215168 Post Date 06/15/2020 Packet: APPKT01847 - 6-10-20 REC( INV Description (Item) Account Number Amount hand soap 100-33-5370 144.98 Vendor UP SALES & SERVICE Total: 144.98 Grand Total: 1120062,28 6/10/2020 2;44:05 PM Expense Approval Register Packet: APPKT01847 - 6-10-20 RECF INV Fund Summary Fund 100-GENERAL FUND 610- WATER/SEWER FUND 620 - INFORMATION TECHNOLOGY FUND 6/10/2020 Z:44:05 PM Grand Total: Expense Amount 45,379,64 57,522,13 9,160.51 112,062,28 AS -NEEDED CHECKS COUNCIL MEETING 6-15-2020 620 620-00-5110 AT&T 04/30/2020 2527,47 620 620-00-5320 AT&T 04/30/2020 1273.18 620 620-00-5110 AT&T 04/30/2020 1129,26 620 620-00-5110 AT&T 04/30/2020 2528.84 620 620-00-5320 AT&T 04/30/2020 588.97 100 100-22-5370 BUSS FORD SALES 04/30/2020 106,26 280 280-41-8800 CAREY ELECTRIC 04/30/2020 26300.00 510 510-32-5380 CDW GOVERNMENT INC 04/30/2020 340,45 510 510-32-5380 CDW GOVERNMENT INC 04/30/2020 68.09 100 100-06-5110 CHICAGO METROPOLITAN AGENCY FOR PLANNING 04/30/2020 6000,00 510 510-32-5370 CUMMINS INC 04/30/2020 119.88 100 100-45-6110 DURA WAX COMPANY INC, THE 04/30/2020 271,10 510 510-35-6110 FISCHER BROS FRESH 04/30/2020 674.63 100 100-06-5110 MCHENRY COUNTY CONVENTION & 04/30/2020 7000.00 510 510-32-6110 WILKENS-ANDERSON CO 04/30/2020 90,87 510 510-31-8500 MANEVAL CONSTRUCTION CO INC 04/30/2020 77536.34 100 100-01-4220 MCHENRY HIGH SCHOOL PRINT SHOP 04/30/2020 15,45 750 750-1215 MOCKINGBIRD CAFE INC 05/08/2020 5000.00 440 440-00-8800 SHORE WERKS 05/08/2020 15500,00 510 510-32-5580 WINNEBAGO LANDFILL CO 04/30/2020 3464.46 100 100-06-5330 ADAMS, KELSEY 05/08/2020 200.00 620 620-00-6110 CDW GOVERNMENT INC 04/30/2020 1181,61 620 620-00-6210 CDW GOVERNMENT INC 04/30/2020 59.88 200 200-00-5110 HARDMAN, ROB 04/30/2020 3823,10 510 510-31-6110 HAWKINS INC 04/30/2020 3886.69 100 100-03-5120 JB GLASS 05/08/2020 1293.00 100 100-22-6210 MINUTEMAN PRESS OF MCH 04/30/2020 286,00 100 100-22-5370 NAPA AUTO PARTS MPEC 04/30/2020 751.45 100 100-33-5115 NAPA AUTO PARTS MPEC 04/30/2020 370,15 100 100-33-5370 NAPA AUTO PARTS MPEC 04/30/2020 220,34 100 100-45-5370 NAPA AUTO PARTS MPEC 04/30/2020 8.71 510 510-31-4510 RED WING BUSINESS ADVANTAGE 04/30/2020 189,19 610 510-31-5370 NAPA AUTO PARTS MPEC 04/30/2020 49,78 510 510-31-6110 ACE HARDWARE, MCHENRY 04/30/2020 49,79 510510-32-4510 STOCK +FIELD 04/30/2020 139,99 510 510-32-4510 STOCK + FIELD 04/30/2020 129.99 510 510-32-5110 HRGREEN 04/30/2020 650,00 510 510-32-5370 NAPA AUTO PARTS MPEC 04/30/2020 345.90 510 510-32-5380 NAPA AUTO PARTS MPEC 04/30/2020 14,20 510 510-32-6110 ACE HARDWARE, MCHENRY 04/30/2020 79.38 510 510-32-6110 CENTURY SPRINGS 04/30/2020 38.00 510 510-35-4510 RED WING BUSINESS ADVANTAGE 04/30/2020 202,39 510 510-35-4510 RED WING BUSINESS ADVANTAGE 04/30/2020 179.99 510 510-35-4510 RED WING BUSINESS ADVANTAGE 04/30/2020 171,98 510 510-35-5370 NAPA AUTO PARTS MPEC 04/30/2020 289,14 100 100-41-5450 NORTHWEST HERALD 05/15/2020 359.80 100 100-45-4510 RED WING BUSINESS ADVANTAGE 04/30/2020 130,49 100 100-45-4510 RED WING BUSINESS ADVANTAGE 04/30/2020 219,00 100100-45-4510 STOCK +FIELD 04/30/2020 88.42 100100-45-4510 STOCK +FIELD 04/30/2020 31,79 100 100-22-4510 TONY'S FAMILY TAILOR SHOP 04/30/2020 24.00 100 100-22-5310 UPS 04/30/2020 5,80 100 100-01-6940 BANKCARD PROCESSING CENTER 04/30/2020 14,30 100 100-03-6110 BANKCARD PROCESSING CENTER 04/30/2020 272.88 100 100-06-5430 BANKCARD PROCESSING CENTER 04/30/2020 250,00 100 100-22-5370 BANKCARD PROCESSING CENTER 04/30/2020 46,98 100 100-22-6210 BANKCARD PROCESSING CENTER 04/30/2020 153,28 100 100-23-6110 BANKCARD PROCESSING CENTER 04/30/2020 50.00 400 400-00-5321 BANKCARD PROCESSING CENTER 04/30/2020 314.98 400 400-40-5110 BANKCARD PROCESSING CENTER 04/30/2020 529,00 620 620-00-5110 BANKCARD PROCESSING CENTER 04/30/2020 79.99 100 100-23-6210 FIRST BANKCARD 04/30/2020 337.68 100 100-30-6270 FIRST BANKCARD 04/30/2020 58,44 100 100-41-5410 FIRST BANKCARD 04/30/2020 53.99 100 100-41-5430 FIRST BANKCARD 04/30/2020 365,00 100 100-42-6110 FIRST BANKCARD 04/30/2020 124.99 100 100-46-6920 FIRST BANKCARD 04/30/2020 3,15 100 100-47-5110 FIRST BANKCARD 04/30/2020 12,95 510 510-31-5410 FIRST BANKCARD 05/19/2020 83.00 510 510-31-6110 FIRST BANKCARD 05/19/2020 119,50 510 510-32-5375 FIRST BANKCARD 05/19/2020 48.08 100 100-03-6110 HOME DEPOT CREDIT SERVICES 04/30/2020 195,62 100 100-22-6210 HOME DEPOT CREDIT SERVICES 04/30/2020 23.14 100 100-45-6110 HOME DEPOT CREDIT SERVICES 04/30/2020 398,38 100 100-2007 IN TIME SERVICES INC 04/30/2020 5940.00 100 100-01-6940 SECRETARY OF STATE / DEPT OF POLICE 05/19/2020 151,00 100 100-01-5330 SHAW MEDIA 04/30/2020 500,00 100 100-04-5330 SHAW MEDIA 04/30/2020 43.64 100 100-33-6110 SHAW MEDIA 04/30/2020 500,00 100 100-03-6270 SYNCB/AMAZON 04/30/2020 203.27 100 100-06-6210 SYNCB/AMAZON 04/30/2020 244,85 100 100-45-6110 SYNCB/AMAZON 04/30/2020 234.57 100 100-46-6110 SYNCB/AMAZON 04/30/2020 37.56 400 400-00-6110 SYNCB/AMAZON 04/30/2020 143,49 400 400-40-6110 SYNCB/AMAZON 04/30/2020 52.99 620 620-00-5110 SYNCB/AMAZON 04/30/2020 6107.35 100 100-30-5410 APWA 05/22/2020 700,00 100 100-04-7610 KS STATEBANK 05/22/2020 244568.26 100 100-01-6940 MCHENRY COUNTY CLERK 05/22/2020 10,00 100 100-01-5110 MCHENRY EXCAVATING INC 04/30/2020 21900.00 620 620-00-6210 SECRETARY OF STATE/INDEX DEPT 05/22/2020 10,00 100 100-01-5110 US BANK EQUIPMENT FINANCE 05/22/2020 598.56 100 100-22-8300 WOODSTOCK POWERSPORTS 05/29/2020 13685.04 100 100-22-8300 WOODSTOCK POWERSPORTS 05/29/2020 249,00 510 510-32-5110 AQUA ILLINOIS 04/30/2020 159.60 620 620-00-5320 AT&T 05/29/2020 354,54 100 100-04-6210 IMPACT NETWORKING LLC 05/29/2020 534.00 100 100-22-6210 IMPACT NETWORKING LLC 05/29/2020 126,00 620 620-00-5110 IN TIME SERVICES INC 04/30/2020 6780,00 100 100-05-5110 NORTHWESTERN MEDICINE OCC HEALTH 04/30/2020 35.00 100 100-05-5110 NORTHWESTERN MEDICINE OCC HEALTH 04/30/2020 40,00 100100-46-5110 RCJUGGLES 05/29/2020 375.00 620 620-00-5110 TECHNOLOGY MANAGEMENT REV FUND 04/30/2020 10,00 472834,24 v � MCHenr REGULAR AGENDA ITEM DATE: June 15, 2020 TO: City Council FROM: Mayor Jett RE: Ye Olde Corner Tap Liquor License Application City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ccityofmchenry.org AGENDA ITEM SUMMARY: Ye Olde Corner Tap Corporation has submitted an application for a Class A Liquor license. Jessica and Alex Schneider are the individuals listed on the application. Their grandmother is Patricia Knapik, who is the owner of the property. This bar was operated by the family for many years in the past. Mayor Jett, Chief Birk, and Monte Johnson met with the Schneiders on a Zoom call to discuss their plans for the establishment. Mayor Jett expressed his desire to build up Main Street to an area that the City could be proud of. Renovations have been taking place to the building, and the Schneiders did state that they were looking to change the atmosphere and clientele of the establishment. Prior to issuance of the license, a copy of dramshop insurance would be submitted. The Schneiders have requested that video gaming be permitted at the location. This will be considered, upon approval of the liquor license, under the following agenda item. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve a Class A Liquor License to Ye Olde Corner Tap located at 3901 Main Street, and if approved, the adoption of an Ordinance increasing the number of Class A Liquor Licenses from 37 to 38. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscnliv responsible manner. ..r CITY OF Mk en' o0 0 H E A R If O F T H E F 0 X R I V E R Application for Liquor License License Classification Application Date* 4/30/2020 License Type* A Class "D" (Special Event' license has a separate application A B C E F License Classifications - Link to classifications list in the City Code Catering Permits the service of Alcoholic liquor for off -site consumption as an incidental part of food service, sold at a Endorsement? package price as agreed upon under contract and extends the premise of a business to include City owned parks and property when being requested by the City to provide alcohol service at a City event. Additional $300 fee No Yes New/Transfer* New Business Transfer of License Applicant Business Name of Business* Ye Olde Corner Tap Corporation Name on License Name to appear on liquor license (if different than above). Address* 3901 Main Street, McHenry IL Phone* 779-704-2137 Email * yeoldecornertap@gmail.com Type of Business* Sole Proprietor Partnership LLC or Corporation Principal Business Bar Restaurant Type * Retail Store Hotel Gas Station Gaming Parlor Other Video Gaming* Do you intend to apply for video gaming? No Yes A separate application will need to be filled out for video gaming. The issuance of a qualified liquor license in the City of McHenry does not guarantee that a video gaming license will be issued. State of Filing List state of filing for LLC, Corporation, Partnership and Sole Proprietor Illinois Alcohol Sale Length How long has the business been in the business of selling alcohol? List date. Zoning What Zoning Classification is the business property? Business Location History Date Date on which the business opened or will open at the above Business Location 6/1 /2020 Property Ownership Is the property at which the applicant business is located owned or lesed by the applicant? Owned Leased List the property owner information for the leased property. A copy of the property lease agreement must also be submitted. If the property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. Person or Business Patricia Knapik Name Address Phone Number Email Location Is the location of the applican'ts business for which the license is sought within one hundred feet of any church, Qualifications* schook, hospital, funeral home, home for aged or indigent persons or for veterands and their families or any military or naval station? No Yes Parking How many private property parking spaces are associated with the business location? 4 Business Agent An agent is the authorized representative of the Licensee who has supervisory authority over all employees of he license premises. An agent may be an owner, partner, member, or designated manager. Full Name* Date of Birth* Home Address* Phone* Citizenship* Email* Business History Jessica Schneider Birth Naturalization History* Have the applicant(s) (including all 5 % or higher owners), corporation, LLC, or partnership ever engaged in the business or sale of alcoholic liquor at any other location? No Yes Business Licensing and Filing Identification ROT # Applicant's Retailer's Occupation tax (ROT) Registration Number Delinquency * Has applicant been delinquent in the payment of the Retailer's Occupational Tax (Sales Tax)? ® No Yes Insurance List the name and address of dram shop insurance company along with the policy numbers for both the applicant business and owner of the building (if ]eased) in which the alcoholic liquor will be sold for the duration of the license. Insurance Company Insurance Company Address Policy Number Owner Insurance Company Owner Insurance Address Owner Policy Number Background Questionnaire The following questions are in relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing. All questions must be answered honestly. Failure to do so may disqualify you from the application process. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by them? * Yes No Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? * Yes No Will you attempt to prevent rowdiness, fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? * Yes No Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit in the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? * Yes No Have any of the applicants, including all listed agents and partners who have a minimum of a 5% ownership in the business been convicted of any violation of any law pertaining to alcoholic liquors? Liquor Violations? * Yes No Violations For a large number of applicants or violations, a separate document may be submitted in lieu of filling out the boxes below. Name of Applicant Alex Schneider Description of Include date and location Violation DUI 2015 Dekalb County Have any of the applicants, including all listed agents and partners who have a minimum of a 5% ownership in the business been convicted of a felony or misdemeanor? Felony Yes Misdemeanor?* No Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? * Yes No Has any owner(s) or member(s) of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof; or, any stockholder owning in the aggregate more than twenty (20) percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? Federal Yes Gaming/Wagering No Stamp* Have you, or any partner, or owner of 5% or more shares of the business or Agent, ever had a liquor license revoked or suspended? Suspension* Yes No Liqour Suspension Information For a large number of suspensions, a separate document may be submitted in lieu of filling out the boxes below. Name Date and Location of Offense Is any individual who is directly or indirectly interested in applicant's place of business, a law -enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? Official or Officer* Yes No Public Official or Officer Information Name Address Phone Have you ever been convicted of a gambling offense (if a partnership or corporation, include all partners, owners of 5% or more shares of the corporation and the local manager)? Gambling Offense Yes No Gambling Offense Information Name Date and Location of Offense Single Line Ownership Records A List of all owners, partners, stock holders and members must be listed below. In lieu of filling out multiple boxes, additional supporting paperwork may be submitted. Owner Information Name Jessica Schneider Date of Birth Address Phone Email Percentage of 50 Ownership Citizenship - Owner Birth Naturalization Name Alex Schneider Date of Birth Address Phone Email Percentage of 50 Ownership Citizenship - Owner Birth Naturalization File Upload Upload supporting documents, certificate of insurance, etc YOCTlease2020.pdf 3.09MB I, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. Signature of Authorized Agent of 2r%� Corporation Acknowledgement* ' I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. Date * 4/30/2020 ORDINANCE NO. 20- Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Section 4-2-6, subsection D-1, of the Municipal Code relating to liquor license classifications, shall be amended as follows: D.1. Class A (Full Bar) License: Issuance of a Class A license shall authorize the sale of alcoholic liquor for consumption on the premises, and the retail sale of packaged liquor. The annual fee for such licenses shall be one thousand five hundred dollars ($1,500.00). A Class A licensee shall be eligible to apply for a catering endorsement for an additional fee of three hundred dollars ($300.00), which shall permit the servicing of alcoholic liquor for off -site consumption as an incidental part of food service, sold at a package price, as agreed upon under contract. Nonprofit organizations with a Class A license shall be eligible to pay a reduced fee of five hundred dollars ($500.00) per year to receive and maintain a Class A license. No more than thirty-seven (38) Class A licenses shall be in force in the City at any time. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 15th day of June, 2020. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Monte Johnson, Deputy City Clerk City of McHenry 333 S Green Street v McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 McHenz` www.ccityofmchenry.org REGULAR AGENDA ITEM DATE: June 15, 2020 TO:City Council FROM: Monte Johnson RE:Ye Olde Corner Tap Video Gaming License Application AGENDA ITEM SUMMARY: Ye Olde Corner Tap Corporation has submitted an application for a Class A Liquor license. If approved for a Class A license, the Council may approve or deny a Video Gaming License. If approved, a development agreement for video gaming would be developed and executed prior to the issuance of a license. Motion to approve or deny a Video Gaming License to Ye Olde Corner Tap located at 3901 Main Street. The City of McHenry is dedicated to providing its citizens,businesses,and visitors with the highest quality ofprograms and services in a customer-oriented,efficient,andfiscally responsible manner. A CITY OF m cHe-nr - ooa HEART OFTHE FOX R I V E R Video Gaming License Application The annual license term runs May 1st through April 30th. The annual license fee payable to the City for a licensed private business shall be$1,000 for each video gaming establishment and$1,000 for each video gaming terminal. Fees for non-for-profit establishments shall be$250 per establishment and$250 for each video gaming terminal. Applicant's Ye Olde Corner Tap Corporation Corporate Name* Business Address* 3901 Main Street Business Phone#* 779-704-2137 Email* yeoldecornertap@gmail.com Terminals Number of video gaming terminals to be operated(maximum 5) 5 Previous App? Have you made an application for a similar license for premises other than described in this location No Yes License Revoked? Has any license previously issued to you by State,Federal,or local authorities been revoked? No Yes Terminal Operator Information Name of Operator Jessica Schneider Address of Operator 1513 Sunnyside Beach Dr,Johnsburg IL Phone#of Operator 2246563514 Operator Email jess.peterson654@gmail.com Applicant Signature* Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. Title Owner Date* 4/30/2020 Department of Public Works x Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 lc,HPnry www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT DATE: June 15, 2020 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Orchard Beach Road Intergovernmental Agreement ATT: Intergovernmental Agreement Location Map MCDOT Letters (8/9/17, 10/11/17, 12/12/17) Budget Amendment Ordinance AGENDA ITEM SUMMARY: Staff requests City Council to consider the Mayor's execution of an Intergovernmental Agreement between the City of McHenry, McHenry Township and the McHenry County Division of Transportation for improvements to Orchard Beach Road. Staff further requests City Council to consider a budget amendment in the amount of $44,000.00 from the General Fund for the City's cost participation in the project. BACKGROUND: On August 9th 2017 the City of McHenry received a letter from McHenry County Division of Transportation which provided information acquired by research dedicated to the Non - Dedicated Subdivision Program. The Non -Dedicated Subdivision Program is a funding program for the upgrading of formerly private roads which were platted before July 17, 1959 in order to have such roads improved to a reasonable standard for maintenance and accepted into the maintenance jurisdiction of a Local Government. The information included in the letter indicated that a portion of Orchard Beach Road adjacent to the City of McHenry which was to be improved under this program and turned over to McHenry Township Highway Department could not be included in the program because McHenry County's research indicated that this portion of Orchard Beach Road was within the jurisdiction of City of McHenry due to previous annexation agreements and existing State Statutes. In an effort to resolve the matter of improving the road and to incorporate the road into a Local Government maintenance jurisdiction, the McHenry County Division of Transportation and 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. McHenry Township Highway Department have offered to contribute a large portion of the funding for required engineering and construction costs to bring the road to a reasonable standard which will allow the City of McHenry to accept and maintain this section of roadway. Staff previously had begun negotiations with McHenry County and McHenry Township on a Letter of Intent (LOI) which would outline the terms of a final IGA when engineering and construction costs were generated. This LOI was brought before Council in January of 2019 but was not approved and staff was directed to gather more information on the subject of Orchard Beach Road. In November of 2019 the subject was brought again before Council for discussion and staff was directed to contact McHenry County and begin negotiations. The project and IGA were discussed at the May 27th, 2020 McHenry County Transportation Committee Meeting and the Committee approved a motion to immediately negotiate an IGA between the City of McHenry, McHenry County, and McHenry Township. The IGA which is before Council for consideration has been prepared by McHenry County and reviewed by Staff and the City Attorney. The Intergovernmental Agreement (IGA) between the City of McHenry, McHenry Township and the McHenry County Division of Transportation will define the financial and administrative roles that each stakeholder will take on with regard to the completion of the project. The IGA includes engineering and construction costs for local participation of all involved agencies. ANALYSIS: The cost participation breakdown for the participating entities is as follows: • McHenry Township $48,582.36 • City of McHenry $44,000.00 • McHenry County $88,000.00 • Orchard Beach Homeowners Association $25,000.00 In the case that the overall cost of the project exceeds the identified totals, McHenry Township Road District has agreed to accept the balance of costs. The full plan set for improvements are available at the Department of Public Works. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to authorize the Mayor's execution of the attached Intergovernmental Agreement between the City of McHenry, McHenry Township and the McHenry County Division of Transportation for improvements to Orchard Beach Road. Further, to facilitate the financial terms of the IGA, it is recommended that City Council approve an Ordinance amending the FY20/21 budget in the amount of $44,000.00 from the General Fund or Motor Fuel Tax Fund for the City portion of improvements. 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF MCHENRY, THE MCHENRY TOWNSHIP ROAD DISTRICT AND THE CITY OF MCHENRY FOR THE IMPROVEMENTS MADE AND MAINTENANCE RESPONSIBILITIES OF THE SOUTH SECTION OF ORCHARD BEACH ROAD LOCATED WITHIN THE CITY OF MCHENRY THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this _____ day of , 2020, by and between the COUNTY OF McHENRY, Illinois, a body politic and corporate of 2200 North Seminary Avenue, Woodstock, Illinois 60098, acting by and through its County Board, (hereinafter referred to as “COUNTY”,) the McHENRY TOWNSHIP ROAD DISTRICT, a unit of local government of 3703 North Richmond Road, Johnsburg, Illinois 60051 (hereinafter referred to as “ROAD DISTRICT”) and the CITY OF McHENRY, a unit of local government of 333 South Green Street, McHenry, Illinois 60050 (hereinafter referred to as “CITY OF McHENRY”.) WITNESSETH WHEREAS, on August 2, 2016, the COUNTY approved Resolution R-201608-82-192 creating the Nondedicated Subdivision Road Construction Program; and WHEREAS, said resolution named specific Nondedicated Subdivision Roads (hereinafter referred to as “NSRs”) that were to immediately become part of the County Highway System upon approval by the Illinois Department of Transportation (hereinafter referred to as “IDOT”) which included the following streets, further described and depicted in Exhibit A, attached hereto and incorporated herein, (hereinafter referred to as the “McHenry Township Roads”): 1. Bay View Court from Bay View Lane to dead end; 2. Beach Drive from Lake Shore Drive to Wonder Lake Road; 3. Hilltop Drive from Beach Drive to Sunset Drive; 4. Regner Road from Bay Road to Wooded Lane; 5. Wooded Lane from Regner Road to Magellan Drive; 6. Magellan Drive from Wooded Lane to Regner Road; 7. Fair Oak Lane from Emerald Drive to River Road; 8. Mid Oak Lane from Emerald Drive to River Road; 9. Elm Oak Lane from Emerald Drive to River Road; 10. Orchard Beach Road from north of Kashmiri Avenue to Shorewood Drive; 11. Hayden Drive from Riverdale Drive to Stafford Drive; 12. Stafford Drive from south of Hayden Drive to north of Shady Hollow Lane; 13. Shady Hollow Lane from Riverdale Drive to Stafford Drive; 14. Boston Road from East Lakeshore Drive to Wonder Lake Road; 15. MacArthur Avenue from Hilltop Drive to Wonder Lake Road; 16. Lookout Drive from Harbor Road to Wonder Lake Road; 17. Nantucket Drive from East Lakeshore Drive to Wonder Lake Road; 18. Lynn Road from East Lakeshore Drive to Hilltop Drive; 19. Cambridge Road from East Lakeshore Drive to Hilltop Drive; 20. Hilltop Drive from south of Cambridge Road to north of Nantucket Drive; 21. Harbor Road from Hilltop Drive to Nantucket Drive; 22. East Lakeshore Drive from Cambridge Road to Nantucket Drive; 2 23. Mineral Springs Drive from dead end to River Road; 24. Clement Lodge (N) from Clement Lodge (S) to River Road; 25. Clement Lodge (S) from Mineral Springs Drive to River Road; 26. Orchard Beach Road from McHenry city limit to Kama Avenue; 27. Quinn Road from River Road to dead end; 28. Kama Avenue from Mogra Drive to Orchard Beach Road; 29. Henzada Avenue from Sterling Drive to dead end east of Mogra Drive; 30. Kashmiri Avenue from Sterling Drive to Orchard Beach Road; 31. Mogra Drive from Kama Avenue to Henzada Avenue; 32. Orchard Beach Road from Kama Avenue to north of Kashmiri Avenue; 33. MacArthur Drive from Beach Avenue to Flanders Road; 34. Howe Drive from Wonder Woods Drive to dead end; 35. Woodlane Drive from Wonder Woods Drive to Howe Drive; 36. West Lakeshore Drive from Willow Drive to north of Cross Drive; 37. Oak Drive from Wonder Woods Drive to West Lakeshore Drive; 38. Hickory Drive from Wonder Woods Drive to West Lakeshore Drive; 39. Chestnut Drive from west of Wonder Woods Drive to West Lakeshore Drive; 40. Willow Drive from West Lakeshore Drive to Cypress Drive; 41. Cross Drive from Wonder Woods Drive to West Lakeshore Drive; 42. Cypress Drive from Wonder Woods Drive to West Lakeshore Drive; 43. Hill Drive from west of Wonder Woods Drive to Wonder Woods Drive; 44. Fir Drive from west of Wonder Woods Drive to Wonder Woods Drive; 45. Lone Tree Drive from west of Wonder Woods Drive to Wonder Woods Drive; and, 46. Court Street from White Oaks Road to Cypress Drive., WHEREAS, the McHenry Township Roads total 7.70 miles; and WHEREAS, the NSRs, including the McHenry Township Roads, function more as local streets than as regional highways; and WHEREAS, the McHenry Township Roads are within the ROAD DISTRICT limits and not within any municipal limits; and WHEREAS, Section 5/5-105 of the Illinois Highway Code grants the authority to make changes to the county highway systems by resolution of the county board and subject to the approval of IDOT; and WHEREAS, Section 5/5-105 of the Illinois Highway Code further states that highways removed from the county highway system which do not become part of the State of Illinois highway system shall become part of the township road system; and WHEREAS, Section 5/6-201.3 of the Illinois Highway Code grants the authority to make changes to the township road district system to the highway commissioner; and WHEREAS, the transfer of jurisdiction over the McHenry Township Roads will provide for the ROAD DISTRICT control of the McHenry Township Roads and will be beneficial to the residents of both the ROAD DISTRICT and the COUNTY. 3 WHEREAS, the COUNTY and the ROAD DISTRICT are units of local government authorized by the Illinois Constitution (ILL. CONST. ART. VII, Section 10) and Intergovernmental Cooperation Act 5 ILCS 220/1 et seq. to contract with each other and otherwise agree amongst themselves and undertake certain transactions with each other to perform jointly any governmental purpose or undertaking any of them could do singularly. WHEREAS, on March 20, 2019, the COUNTY approved Resolution R-201903-82-65 approving and IGA between the COUNTY and ROAD DISTRICT for the jurisdictional transfer of COUNTY highways located in the ROAD DISTRICT as part of the Nondedicated Subdivision Road Construction Program; and WHEREAS, to transfer various COUNTY highways that are part of the Nondedicated Subdivision Road Construction Program within the ROAD DISTRICT from the COUNTY to the ROAD DISTRICT and to have the ROAD DISTRICT take jurisdiction of said roads and improve them through an Intergovernmental Agreement; and WHEREAS, Orchard Beach Road from the McHenry city limit to Kama Avenue was included as part of that list of transfers; and WHEREAS, Orchard Beach Road from the McHenry city limit to Kama Avenue within McHENRY TOWNSHIP ROAD DISTRICT totals 0.4 miles; and WHEREAS, Orchard Beach Road from the McHenry city limit to Kama Avenue is scheduled to be improved as part of the IGA between the COUNTY and ROAD DISTRICT in 2020; and WHEREAS, Orchard Beach Road from Kennedy Drive to the McHenry city limit totals 0.27 miles; and WHEREAS, the ROAD DISTRICT has already gone out to bid for the reconstruction of both the ROAD DISTRICT and CITY OF McHENRY sections of Orchard Beach Road; and WHEREAS, the ROAD DISTRICT section of Orchard Beach Road from McHenry City limit to Kama Avenue will be paid according to the approved IGA and approved Resolution R- 201903-82-65; and WHEREAS, the low bid for improvement of the CITY OF McHENRY section of Orchard Beach Road from Kennedy Drive to the McHENRY city limit is TWO HUNDRED FIVE THOUSAND, SIX HUNDRED TWENTY-SIX DOLLARS AND 36/100 ($205,626.36); and WHEREAS, the CITY OF McHENRY has agreed to contribute an amount not to exceed FORTY-FOUR THOUSAND DOLLARS AND NO/100 ($44,000.00); and WHEREAS, the Orchard Beach Homeowners Association has agreed to contribute TWENTY-FIVE THOUSAND DOLLARS AND NO/100 ($25,000.00); and WHEREAS, the COUNTY has agreed to contribute an amount not to exceed EIGHTY- EIGHT THOUSAND DOLLARS AND NO/100 ($88,000.00); and 4 WHEREAS, the ROAD DISTRICT has agreed to contribute the amount of FORTY- EIGHT THOUSAND, SIX HUNDRED TWENTY-SIX DOLLARS AND 36/100 ($48,626.36); and WHEREAS, any remaining balance that exceeds the TWO HUNDRED FIVE THOUSAND, SIX HUNDRED TWENTY-SIX DOLLARS AND 36/100 ($205,626.36) will be paid for by the ROAD DISTRICT; WHEREAS, if the final project cost is below the TWO HUNDRED FIVE THOUSAND, SIX HUNDRED TWENTY-SIX DOLLARS AND 36/100 ($205,626.36), the difference will be eliminated from the COUNTY portion of contribution; WHEREAS, the COUNTY portion of the contribution will be paid for at the end of the project to determine how much of the EIGHTY-EIGHT THOUSAND DOLLARS AND NO/100 ($88,000.00) will be paid based on the final contractor invoice; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the COUNTY and the ROAD DISTRICT mutually agree as follows: 1. Recitals. The above recitals are in integral part of this Agreement and are incorporated herein. 2. Lead Agency. The ROAD DISTRICT shall be the lead agency for purposes of this Agreement. 3. Jurisdictional Boundaries. The parties agree to transfer jurisdiction of Orchard Beach from the McHenry City limit to Kama Avenue from the COUNTY to the ROAD DISTRICT, and the maintenance, repair, and upkeep will be accomplished as appropriate per the requirements of the Illinois Highway Code (605 ILCS 5/6-201.7, 5/6-201.8). Said transfer shall be completed as follows: 4. Road District Duties. Upon execution of this Agreement, the ROAD DISTRICT shall assume maintenance responsibility of both sections of Orchard Beach Road from Kennedy Drive to Kama Avenue with a total length of 0.67 miles. The ROAD DISTRICT shall perform any necessary pot hole repairs, perform basic asphalt and gravel maintenance, perform debris removal, tree trimming, maintenance of culverts and street sweeping, plow and spread anti-icing agents/materials on both the ROAD DISTRICT and CITY OF McHENRY portions of Orchard Beach Road. The ROAD DISTRICT are authorized to subcontract and assign the work described in this Agreement at the sole discretion of the ROAD DISTRICT. a. This agreement will stay in place for the CITY OF McHENRY portion until the City annex’s in all the residents from the section of Orchard Beach Road from Kennedy Drive to the McHenry city limit at which a time has not been determined at this time when that would take place. 5 b. The COUNTY will have no maintenance responsibilities of either section of Orchard Beach Road before, during or post construction of the improvement project. 5. Road Improvements. The parties agree Orchard Beach Road from Kennedy Drive to McHenry city limit shall be improved within the existing prescriptive right-of-way by the ROAD DISTRICT, unless additional right-of-way or easements are obtained by the ROAD DISTRICT, as set forth as follows: a. Road District’s Duties. i. Minimum Improvements to be Made. The ROAD DISTRICT shall, at a minimum, resurface Orchard Beach Road, including, but not limited to, removing the top 2 inches of pavement and replacing it with 2.25 inches of pavement. The ROAD DISTRICT shall perform some nominal drainage work, as needed on Orchard Beach Road. The Minimum Improvements to be made by the ROAD DISTRICT shall be in accordance with the engineering plans further described and depicted in Exhibit B, attached hereto and incorporated herein. ii. Engineering. The ROAD DISTRICT shall be responsible for all engineering, including, but not limited to, surveying, pavement and soil analysis, stormwater drainage analysis, roadway design, preparing plans and specifications for contract bidding and utility coordination, construction engineering services, documenting existing conditions, coordinating and attending preconstruction and construction meetings, governmental entity coordination, resident coordination, marking, measuring and documenting contract removal pavement, and observing construction is performed in general conformance with the approved plans and specifications (all herein referred to as “Engineering Costs”) and shall pay invoices received from an engineer qualified to perform the work pursuant to the agreement between them. Engineering Costs shall be included in the ROAD DISTRICT’S contribution and paid out of the low bid total contributions of TWO HUNDRED FIVE THOUSAND, SIX HUNDRED TWENTY-SIX DOLLARS AND 36/100 ($205,626.36). iii. Construction. The ROAD DISTRICT shall be responsible for all construction and shall pay invoices received from the lowest responsible bidder qualified to perform the construction pursuant to the agreement between them. A copy of the contract shall be provided to the COUNTY and CITY. iv. Township Motor Fuel Tax Funds. If the ROAD DISTRICT elects to use any of its Motor Fuel Tax funds in relation to this Agreement, the ROAD DISTRICT shall comply with all IDOT and COUNTY procedures and requirements. v. Certificates of Completion and Lien Waivers. Prior to requesting any final payments as set forth in below, the ROAD DISTRICT shall certify that it has completed that portion of the improvements Orchard Beach from Kennedy Drive to the McHenry city limit for which it is requesting payment by providing the 6 COUNTY an executed Certificate of Completion. Said Certificate of Completion shall be similar in substance and form to IDOT’s Local Agency Certification to Accompany Engineer’s Final Payment Estimate. In addition, the ROAD DISTRICT shall certify that it has paid for the work completed for that portion of the improvements to Orchard Beach from Kennedy Drive to the McHenry city limit for which it is requesting payment by providing the COUNTY executed lien waivers to date or final lien waivers, as applicable. vi. Contribution and Payment. The ROAD DISTRICT will contribute FORTY-EIGHT THOUSAND, SIX HUNDRED TWENTY-SIX DOLLARS AND 36/100 ($48,626.36). The ROAD DISTRICT shall be responsible for invoicing the COUNTY, HOMEOWNERS ASSOCIATION and CITY of McHENRY for their contributions as set forth herein and shall include copies of all lien waivers and certificates of completion. b. County’s Duties. i. Permit Fees. The COUNTY shall waive its regular permit fees, if any, for Orchard Beach from Kennedy Drive to the McHenry city limit; however, any fees as a result of the ROAD DISTRICT requesting any expedited review shall be the responsibility of the ROAD DISTRICT. ii. Maximum Amount to be Paid. The COUNTY will contribute no more than EIGHTY-EIGHT THOUSAND AND NO/100 ($88,000.00). c. City of McHenry Duties. i. Maximum Amount to be Paid. The CITY OF McHENRY will contribute no more than FORTY-FOUR THOUSAND DOLLARS AND NO/100 ($44,000.00). d. Deviations from bid. Any amount that exceeds the low bid of the contract value of TWO HUNDRED FIVE THOUSAND, SIX HUNDRED TWENTY-SIX DOLLARS AND 36/100 ($205,626.36) will be paid for by the ROAD DISTRICT. If the final project cost is below the TWO HUNDRED FIVE THOUSAND, SIX HUNDRED TWENTY-SIX DOLLARS AND 36/100 ($205,626.36), the difference will be eliminated from the COUNTY portion of contribution. 6. Indemnification. The ROAD DISTRICT shall indemnify and hold harmless the COUNTY, its elected officials, agents, and employees from and against any and all lawsuits, claims, demands, liabilities, injuries, including deaths, losses and expenses, including court costs and attorneys’ fees, arising out of the ROAD DISTRICT’s performance of this Agreement, including the actions or conduct of its elected officials, employees, agents, independent contractors or assigns, except to the extent caused by the gross negligence or willful misconduct of the COUNTY and/or its elected officials, agents, or employees. 7 7. Notices. All notices required by this Agreement shall be delivered by first class, certified, or registered U.S. Mail to the respective parties at the following address: If to the County: McHenry County Division of Transportation 16111 Nelson Road Woodstock, Illinois 60098 Attention: Joseph R. Korpalski, Jr., P.E. Director of Transportation/County Engineer If to the Road District: McHenry Township Road District 3703 North Richmond Road Johnsburg, Illinois 60051 Attention: James E. Condon, P.E. McHenry Township Highway Commissioner If to the City of McHenry: The City of McHenry 333 South Green Street McHenry, Illinois 60050 Attention: Troy C. Strange, P.E. Director of Public Works 8. Parties Independent. It is mutually agreed by and between the parties hereto that nothing contained in this Agreement is intended nor shall be construed in any manner or form as creating or establishing a relationship as partners between the parties hereto, or as constituting the ROAD DISTRICT and the CITY OF McHENRY (including its elected officials, duly appointed officers, agents, employees and representatives) or the COUNTY (including its elected officials, duly appointed officers, agents, employees, and representatives) as agent of the other party for any purpose, or in any manner, whatsoever. The COUNTY, the ROAD DISTRICT and the CITY OF McHENRY are to be and shall remain independent of each other with respect to all services performed under this Agreement. 9. Rights of Third Parties. Nothing herein shall be construed to create any rights or duties to third parties, it being the parties’ mutual intent that there be no third party beneficiaries to this Agreement. Any allocation of costs, duties and responsibilities described herein is intended only as an allocation of administrative responsibilities between the COUNTY, the ROAD DISTRICT and the CITY OF McHENRY to facilitate the most economical use of limited public resources and not as an enlargement or diminution of either party’s underlying duties or obligations lying in statute or common law. 10. Waiver. Any party’s failure to insist upon strict compliance with any provision hereof or its failure to enforce any rights or remedy in any instance shall not constitute or be deemed to be a waiver of any provision, right or remedy. 11. Modification. This Agreement may be modified by mutual agreement, in writing, by the parties hereto. 12. Severability. It is mutually agreed by and between the parties hereto that the provisions of this Agreement are severable. If any provision, paragraph, section, subdivision, clause, phrase, or 8 word of this Agreement if for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. 13. Entire Agreement. It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements in negotiations between the parties relating to the subject matter hereof. 14. Jurisdiction and Venue. This Agreement shall be interpreted and construed according to the laws of the State of Illinois. Venue for any action arising from this Agreement shall be in the 22nd Judicial Circuit Court, McHenry County, Illinois. 15. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns; provided, however, that neither party hereto shall assign any interest hereunder without written consent and approval of the other and any such assignment, without said prior written consent and approval shall be null and void and of no force or effect. 16. Authorized Signatory. The parties signing on behalf of the COUNTY, the ROAD DISTRICT and the CITY OF McHENRY represent that they have full and complete authority and are legally authorized to do so. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.] 9 IN WITNESS WHEREOF, the parties have executed this INTERGOVERNMENTAL AGREEMENT on the dates indicated. COUNTY OF McHENRY ATTEST By: Jack D. Franks By: Joseph J. Tirio Its: County Board Chairman Its: County Clerk Dated: Dated: McHENRY TOWNSHIP ATTEST ROAD DISTRICT By: James E. Condon, P.E. By: Dan Alyward Its: Highway Commissioner Its: Township Clerk Dated: Dated: CITY OF MCHENRY ATTEST By: Troy C. Strange, P.E. By: Trisha Ramel Its: Public Works Director Its: City Clerk Dated: Dated: Y� S7 r a e,y v ✓ F `" k 1 „ , y ., Y e .. a '� •.�� _ R�� �'� qyp i 1 FS . Sit ,k' .• r i. .'�J .'� + v F r / r� x g y ti wr°. Orchard Beach Road Location Map Portion Subject to Agreement: 1,470 LF Existing Sanitary Sewer Connections Mc enr 0 lo/v o� _ McHenry County Division of Transportation Joseph R. Korpalski, Jr., P.F. 16 A 0� Director of Transportation/County Engineer Nondedicated Subdivision Road Construction Program October 11, 2017 Mr. Derik Morefield City Administrator City of McHenry 333 S. Green Street McHenry, Illinois 60050 Dear Mr. Morefield: RECEIVED 0 C T 1 6 2.017 CITY OF WHENRY On August 9, 2017, a letter was sent to you regarding the existence of some Nondedicated Subdivision Roads located within the corporate limits of your municipality. The subject roads were included, in error, in a resolution adding certain Nondedicated Subdivision Roads to the County's jurisdiction. The purpose of this letter is to inform the City that at the Transportation Committee meeting on October 25, 2017, a resolution will. be considered to correct this error and formally request that the Illinois Department of Transportation remove those Nondedicated Subdivision Roads from the County's jurisdiction. This correction does not necessarily imply that the roads are under the jurisdiction of your municipality or that the roads remain private. The City would need to research the matter to determine if this is the case. If you disagree with the County's position or wish to make a statement regarding this matter to be considered by the Transportation Committee in advance of the upcoming committee meeting, please respond in writing to the Division of Transportation c/o the Director of Transportation/County Engineer no later than October 20, 2017. Very truly yours, Jeffrey R. Young, P.E. Assistant County Engineer 16111 Nelson Road • Woodstock a IL o 60098 Phone (815) 334-4960 • Fax (815) 334-4989 McHenry County Division of Transportation Joseph R. Korpalski, Jr., P.E. Director of Transportation/County Engineer Nondedicated Subdivision Road Construction Program Road Removal December 12, 2017 Mr. Derik Morefield City Administrator City of McHenry 333 S. Green Street McHenry, Illinois 60050 Dear Mr. Morefield: On August 2, 2016, McHenry County approved the Nondedicated Subdivision Road Construction Program. The resolution approving the program erroneously included roads that are already within the corporate limits of your municipality to have them become part of the County Highway system. To correct this error, the County Board approved a resolution on November 14, 2017 removing the subject roads from the NSR program. Enclosed, please find a copy of the resolution. This correction does not necessarily imply that the roads are under the jurisdiction of your municipality or that the roads remain private. The City would need to research the matter to determine the appropriate jurisdiction. Very truly yours, Je ey Assistant County Engineer enclosure c: Paul Dreiske — Orchard Beach Subdivision 16111 Nelson Road • Woodstock • IL • 60098 Phone (815) 334-4960 • Fax (815) 334-4989 McHenry County Division of Transportation Joseph R. Korpalski, Jr., P.E. Director of Transportation/County Engineer Nondedicated Subdivision Road Construction Program Road Removal December 12, 2017 Mr. Paul Dreiske 2316 N. Orchard Beach Road McHenry, Illinois 60050 Dear Mr. Dreiske: On August 2, 2016, McHenry County approved the Nondedicated Subdivision Road Construction Program. The resolution approving the program included your subdivision's roads to have them become part of the County Highway system. This was an error as it has since been determined that the subdivision roads are already located within the corporate limits of the City of McHenry. While the subdivision roads are located within the corporate limits of the City of McHenry, the City may not have jurisdiction of the roads. To correct this error, the County Board approved a resolution on November 14, 2017 removing the subdivision roads from the NSR program and McHenry County will not be maintaining them. Enclosed, please find a copy of the resolution. Very truly yours, Jeffrey R. Young, P.E. Assistant County Engineer enclosure c: City of McHenry — Derik Morefield 16111 Nelson Road • Woodstock • IL • 60098 Phone (815) 334-4960 v Fax (815) 334-4989 R-201711-82-332 EZESOLUTT ON i� �L RESOLUTION TO REMOVE NONDEDICATED SUBDIVISION ROADS PREVIOUSLY ACCEPTED BY MCHENRY COUNT' LOCATED WiTHIN MUNICIPAL CORPORATE LIMITS WHEREAS, on August 2, 2016, the County Board approved a resolution creating the Nondedicated Subdivision Road Construction Program; and WHEREAS,•said resolution names specific Nondedicated Subdivision Roads that were to immediately become part of the County Highway System upon approval by the Illinois Department of Transportation; and WHEREAS, said resolution states that the Nondedicated Subdivision Road Construction Program will partner with townships to allow for the immediate transfer of jurisdiction from McHenry County to the township once roadway improvements are completed; and WHEREAS, upon approval of said resolution, McHenry County requested approval from the Illinois Department of Transportation to have said roads become part of the County Highway System; and WHEREAS, the Illinois Department of Transportation granted approval further stating that "the intent of the non -dedicated subdivision road construction program is for the county to improve the identified roads and immediately turn overjurisdiction to the appropriate township highway commissioner."; and WHEREAS, the list of roads adopted by the County Board and approved by Illinois Department of Transportation included roads that are located within municipal corporate limits which was unknown at the time; and WHEREAS, in accordance with the Illinois Highway Code, 605 ILLS 5/1-101 et seq., the municipal street system includes existing streets located within municipal corporate limits and the township roads system includes ail rural roads which are not part of the state, county, or municipal systems; and WHEREAS, the County Highway System may not be expanded into a municipality except pursuant to the Illinois Highway Code, 605 ILCS 5/1-101 et seq.; the provisions of which have not been met, and WHEREAS, the following Nondedicated Subdivision Roads that were originally accepted into the County Highway System are located within municipal corporate limits; and Subdivision Road From To Length Municipality Oakland Salem Avenue River Park Drive" West of Delta Place 995 ft. Johnsburg Oakland Delia Place Salem Avenue Ritter Park Drive 655 ft. Johrisburg Oakland River Park Drive South of Salem Avenue Delia Place 'I,'I55 ft. Johnsburg Oakland' Delaware Place .River Park Drive Delia Place 435 ft. Johnsburg. Orchard Beach Orchard Beech Road Kennedy Drive City Limits 1,435 . McHenry Fox River Malley Gardens South Riverside Drive South Circle Drive Dead End 535 Port Barrington 6250 1 JRYoung Page 1 R-201711-82-332 Indian Ridge Salem Road East Lake Shore Hilltop Drive 795 Wonder Lake Drive Indian Ridge Sac Drive Seminole Drive Hiawatha Drive 255 Wonder Lake Lookout Point 1 East Lakeshore Salem Road North of Back 1,135 Wonder Lake Drive Bay Road WHEREAS, McHenry County desires to have said listed Nondedicated Subdivision Roads within municipal corporate limits removed from the County's Highway System and seeks approval from the Illinois Department of Transportation to remove said roads. NOW, THEREFORE BE IT RESOLVED, by this County Board of McHenry County, Illinois that the above listed Nondedicated Subdivision Road previously accepted by the. County and approved by the Illinois Department of Transportation be removed from the County's Highway System as they are located within municipal corporate limits and are ineligible to become part of the McHenry County Nondedicated Subdivision Road Construction Program; and BE IT FURTHER RESOLVED, that the County Engineer is hereby directed to complete the necessary procedures with the Illinois Department of Transportation to remove said roads from the County Highway System; and BE IT FURTHER RESOLVED, that notice of removal of said roads be provided to the corresponding municipality; and BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized to distribute a certified - copy of this resolution to the County Administrator, the County State's Attorney and eight copies to the Director of Transportation/County Engineer each to be distributed to the. aforementioned municipalities in addition to the Illinois Department of Transportation through its regional engineer's office at Schaumburg, Illinois. DATED at Woodstock, Illinois, this 14th day of Nover ber, A.D., 2017. Jac D. Frahks, Chairman M, Hebry County Board ATTEST: J Mary E. McCIAllan, County Clerk ATTACHMENTS: County Board Resolution - Nondedicated Subdivision Road Construction Program - August 2 2016 (PDF) IDOT NSR acceptance letter McHenry County CTR 78498 10 28 16 (PDF) Par-kaf Prs--AJSf �SIONIvIcHenq COUhtY DIvisjon of -Transportation Joseph R. ltorpalski, Jr, P.E. Director of Transportation/county Engineer gSPO�Q'� Nondedicated Subdivision Road Construction Program -- Jurisdictional Re$earch August 9, 2017 Mr. Derik Molefield City Administrator City of McHenry 333 South Green Street McHenry, Illinois 60050 Dear Mr. Morefield: RECEIVED 's CITY OF At the July 26, 20.17 Transportation Committee meeting, county staff presented sl m mary sheets identifying specific roads that are part of the Noridedicated Subdivision Road Construction Program- which are suspected to already bt under your municipality's jurisdiction. Attached for your municipality are the summary sheet and copies of the. recorded annexation documents used to formulate the County's-position. Pursuant to the Illinois Municipal -Code, the new municipal boundary shall extend to the far side of the highway within the areannjurisdiction, (we ILCS 517-1-1). If youhave additional -documents that would assist in determining welcome your input. After you have reviewed, should you desire to further discuss our findings, Please contact me or Jim. Werner to schedule a meeting. This matter v\rill be discussed with the Transportation Committee again at their meeting on August 30, 2017. eery truly yours, .,IY a � f J 6ffrey R. Young, R.E. Assistant County Engineer 16111 Nelson Road Woodstoclt • IL • 60098 Phone (815)334-4960 1 l ai. (815) 334-4989 ORDINANCE NO.20- AN ORDINANCE AMENDING THE FY202012021 BUDGET FOR THE FISCAL YEAR ENDING APRIL 30, 2021 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 FY20/21 Annual Budget for the Fiscal Year Ending April 30, 2021 by a motion at the Regular City Council Meeting held on April 20, 2020; 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 151h day of June, 2020. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Trisha Ramel, City Clerk EXHIBIT A The following budget items are amended by this Ordinance: FY20/21 General Fund - $44,000 (Orchard Beach IGA) Office of Finance & Accounting Carolyn Lynch, Director McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us DISCUSSION ITEM DATE: June 15, 2020 TO: Mayor and City Council FROM: Carolyn Lynch, Finance Director RE: Adjustment for Water/Sewer Rates AGENDA ITEM SUMMARY: Council is being asked to discuss adjusting water rates to levels that are appropriate to fund existing operating and maintenance to the water systems. BACKGROUND: In 2013, a Water and Sewer Rate Analysis was conducted by HR Green, Inc. A recommendation identified in this study was that water and sewer rates be reviewed and, based on this review, adjusted annually based on the actual operational, maintenance and capital improvement needs of the municipality. This is distinct from the City's previous methodology of basing rate adjustments on a financial index or comparisons with surrounding communities. At the June 17, 2019 City Council meeting an ordinance was approved amending various sections of Chapter 26 of the Municipal Code relating to Water and Sewer Rates increasing the residential Water Rates by $0.20 and leaving the residential Sewer Rates flat. In May 2018, the Water and Sewer Rates were not increased as when rates were analyzed with the budget process, revenues were found to exceed the operating and maintenance expenses. At this time the Debt Service Fee for the IEPA loan will remain flat until the loan is repaid. As a part of the FY20/21 Budget presentation, the water/sewer rate changes proposed were presented and discussed in order to tie the rate adjustment to the water maintenance, operational, and capital needs. ANALYSIS: Once the budgets for the Water, Sewer and Utility Maintenance Divisions of Public Works were developed, it was determined that the current operational revenues for the Water and Sewer Divisions were underfunding the needs of the division. This was determined by analyzing the usage from March 2019 through February 2020 and calculating the revenues with the current The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, ant! fiscally responsible manner. rates ($3.54 per 1,000 gallons for residential water and $4.00 per 1,000 gallons for residential sewer). Usage has been fairly stable over the last few years so it is unlikely that usage will be significantly higher or lower in the next year. As identified in the FY20/21 Budget, the Water Division's operational expenses for 2019/20 are $2,448,948. The estimated operational revenues are $2,269,377 with the current water rates of $3.54 per 1,000 gallons (residential) and $3.79 per 1,000 gallons (congregate care). This analysis therefore identifies that the Water Division is currently underfunded based on the existing rates and it is recommended that the water rate be increased by 8%. This will result in a new residential rate of $3.82 per 1,000 gallons and the congregate care rate at $4.09 per 1,000 gallons respectively, with estimated total operational revenues of $2,467,805. The FY20/21 Sewer Division Budget identifies operational expenses for 2020/21 at $3,376,506 with estimated operational revenues are $3,213,552 based on the current sewer rates of $4.00 per 1,000 gallons (residential) and $3.87 per 1,000 gallons (congregate care), and the unmetered rate $36.40. This analysis therefore identifies that the Sewer Division is currently underfunded based on the existing rates and it is recommended that the sewer rate be increased by 5%. This will result in a new residential rate of $4.20 per 1,000 gallons and the congregate care rate at $4.06 per 1,000 gallons respectively and an unmetered rate of $42.04, with estimated total operational revenues of $3,381,839. The chart below identifies and compares the rate change total dollar impact on various usage levels. The BLUE column represents total water and sewer charges based on gallons consumed at the current residential water rate of $3.54/1,000 gallons and sewer rate of $4.00/1,000 gallons. The ORANGE column represents total water and sewer charges based on gallons consumed and the proposed new residential water rate of $3.82/1,000 gallons and new residential sewer rate of $4.20/1,000 gallons. The GREEN column represents the total monetary variance from the existing rate to the new rate (ORANGE column - BLUE Column). NOTE: While the monetary variance is different based on usage, the overall percentage increase (water and sewer combined) for all users regardless of usage is 6.4%. Total Water Water Charge Sewer + Sewer Water Charge Sewer Charge Total Water Total Total Gallons Based on Charge Based Charges Based on New Based on New + Sewer Variance Consumed in Existing Rate on Existing Based on Rate Rate Charges Existing Bi-Monthly of Rate of Existing of of Based on to New Billing Cycle $3.54/1,OOOg $4.00/1,OOOg Rates $3.82/1,000g $4.20/1,000g New Rates Rates 3,000 $10.62 $12.00 $22.62 $11.46 $12.60 $24.06 +$1.44 5,000 $17.70 $20.00 $37.70 $19.10 $21.00 $40.10 + $2.40 8,000 $28.32 $32.00 $60.32 $30.56 $33.60 $64.16 + $3.84 10,000 $35.40 $40.00 $75.40 $38.20 $42.00 $80.20 + $4.80 With the recent developments with the pandemic, city staff understands it may not be the best time to implement the increases originally recommended when the budget was presented. Currently the Water/Sewer fund does have approximately $1,280,074 available for capital projects as well as to fund shortfalls in operating revenues. However, keep in mind that in future budget years it will be even more important to closely monitor revenues and expenses to ensure operational needs can be met as well as necessary capital expenses. This will continue to require an annual review of water and sewer rates, as well as water and sewer base fees that are used to fund capital projects related to the maintenance of the existing system. Staff is seeking direction from Council on water and sewer rates for FY20/21. MCHenr DISCUSSION ITEM Date: June 15, 2020 To: Mayor and City Council From: Doug Martin, Director of Economic Development Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us RE: Discussion item regarding the annexation of unincorporated parcels located within the City Limits of McHenry ATT: Parcel Identification Map AGENDA ITEM SUMMARY: The purpose of this agenda item is to provide an opportunity to discuss the merits of forcibly annexing unincorporated property that is located within the city limits of McHenry. BACKGROUND/ANALYSIS: On various occasions over the years the City Council has discussed the annexation of the unincorporated islands surrounded by the City. These unincorporated islands can be forcibly annexed by the City of McHenry if the following conditions are met: • Each is 60 acres in size or less • Each is completely surrounded by the City (on all four sides) Refer to the attached map identifying the properties in question. There are a total of 23 properties equaling 191.59 acres. Approximately 49 single-family residences would be impacted, primarily in the Crystal Lake Road/Cooney Heights area of the City. The only portion of roadway the City would be accepting is a section of south Ponca Street. Of this amount the following is the land allocation: • 71 acres is a combination of two of the following land uses (residential, agricultural, commercial, industrial and vacant land) • 72.04 acres is agricultural Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us • 47.45 acres is residential • .67 acres is vacant land • .31 acres is industrial In considering the forcible annexation of these properties, the following "advantages" and "disadvantages" are offered for consideration. These lists are not inclusive. Advantages • In many cases the properties are in the middle of the City, utilize City roads, which are maintained regularly, and the roads are plowed as well during the winter months • The McHenry Police Department often responds to calls to these properties and, further often occurs much more quickly than the McHenry County Sheriff. • City garbage pick-up is negotiated by the City on behalf of all its residents. • City conducts brush pickup twice annually. • Properties would have the opportunity to connect to City sewer and/or water where available and when necessary. • City boundaries would become more cohesive for planning purposes. • All ordinance/code enforcement would be consistent throughout the City. • Broadening of the municipal property tax base. Disadvantages • Payment of City taxes (City tax rate is .658494 or 6.39% of the total tax bill; a person owning a $200,000 home would pay $439 in municipal taxes) • Following City ordinances (Many people who live in the county enjoy burning, which is illegal to the same extent it is allowed in the County) At this time Staff is seeking guidance and direction from the City Council. Options for moving forward include: • No action at this time. • Notify all property owners involved and invite them to a public meeting. • Prepare the paperwork for annexation for a future meeting. Property for Annexation Page 1 of 1 -,. Property for Annexation City of McHenry, IL rr E + Find address or place D z _� $ _ - - McCullom Lake - 'Z - z _ _ Z __ _ _ ' �c�i Chapel hGtlt . t-ske+`F@tarsanB!a ke Rd - :. 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