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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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)
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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:
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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
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https://mchenry.maps.arcgis.com/apps/webappviewerlindex.html?id=283315cc97f246b 19b5cfe402797eb 14 6/8/2020