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HomeMy WebLinkAboutPacket - 07/20/2020 - City Councilim•,• om uMCAAep I AGENDA REGULAR CITY COUNCIL MEETING Monday, July 20, 2020, 7:00 p.m. McHenry Municipal Center—Council Chamber 333 S. Green Street, McHenry, Illinois 60050 This meeting is being held under the guidelines of Phase 4 of Restore Illinois. Face coverings will be required to enter the Municipal Center and social distancing will be maintained for all attendees. The capacity of the Council Chamber will be limited to a total of 50 participants. 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Public Comments: Ifyou cannot or do not wish to attend the meeting in person,please submit any public comment to dmore/Ield(ai.citvofmchenrv.org in advance of the meeting. The City will read such public comments during the public commentary portion of the meeting and the comments will be entered into the official record of the meeting.Any comments received during the meeting will be provided in writing to the City Council. 4. Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. An Ordinance amending MC-19-1197, Video Gaming License Fees; (City Administrator Morefield) B. Waive competitive bidding and accept the proposal from MG Mechanical of Woodstock,Illinois for boiler replacement and radiator installation in the step screen building at the South Wastewater Treatment Plant in an amount not to exceed $26,600; (Public Works Director Strange) C. Transmittal of FY 19/20 Year End Budget Report;(City Administrator Morefield) D. McHenry Parks &Recreation Facilities & Special Use Permit Requests; E. June 15, 2020, City Council Meeting Minutes; F. Issuance of Checks in the amount of$174,926.25; G. Issuance of As Needed Checks in the amount of$1,162,551.19. 5. Individual Action Item Agenda A. Motion to approve or deny a Class B Liquor License to Miller's Diner, 3918 Main Street; and if approved, the adoption of an ordinance increasing the number of Class B Liquor Licenses from 18 to 19. (Mayor Jett) B. Motion to approve or deny a Video Gaming License to Miller's Diner, 3918 Main Street, contingent on the action taken on Agenda Item 5.D. (Mayor Jett) C. Motion to approve a Professional Services Agreement for design services for the demolition of the former Central Wastewater Treatment Plant to HR Green, Inc. in an amount not to exceed 36,990; and the approval of an ordinance amending the FY20/21 General Fund Budget in the amount of$36,990. (Public Works Director Strange) 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, andfiscally responsible manner. s.JJ D. Motion to approve a Professional Services Agreement for the completion of a Conditional Letter of Map Revision Based Upon Fill (CLOMR-F) to Christopher B. Burke Engineering Ltd.in an amount not to exceed$49,155; and the approval of a an ordinance amending the FY 20/21 General Fund Budget in the amount of$49,155. (Public Works Director Strange) E. Motion to approve the implementation of a City of McHenry Commercial Tenant Incentive Grant Program. (Economic Development Director Martin) F. Motion to approve the 5th 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 August 17, 2020. (Attorney McArdle) 6. Discussion Items. A. Conceptual Presentation and Discussion —Residences of Stonewood Subdivision 7. Staff Reports. 8. Mayor's Report. 8. City Council Comments. 9. Executive Session if Needed. 10. 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. Office of the City Administrator oars aba Derik Morefield, City Administratort.,, AI. McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 McHenr Phone: (815) 363-2100 Fax: (815) 363-2119 RCAgT OF TYC fOk RNCq www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: July 20th, 2020 TO: Mayor and City Council FROM: Derik Morefield, City Administrator John Birk, Chief of Police David McArdle, City Attorney RE: Amendment to Ordinance MC-19-1197, Video Gaming License Fees BACKGROUND: The City of McHenry passed Ordinance MC-19-1197 on June 17, 2019 regarding video gaming terminals. Revisions were made to allow the City Council to approve or deny a video gaming establishment license on grounds unrelated to the establishment's liquor license. In addition, revisions were made to the video gaming terminal license fees, increasing the fee per machine to be paid by the owner of the video gaming establishment. The video game establishment license fee was to remain the same at $1,000 and paid for by the operator of the video gaming terminals. Video gaming licenses are effective from May 1st to April 30th, so the new fee structure was to begin May 1, 2020 when existing owners and operator renewed their licenses. Due to the COVID-19 public health crisis, City operations were limited. City Hall was closed to protect the health and welfare of residents and some employees worked from home to comply with the Governor's stay at home order. Businesses were also limited, and video gaming terminals were required to remain unused by the State of Illinois. The economic challenges to the City's businesses prompted the Mayor's Executive Order 2020-02, An Executive Order Related to the Resiliency Microloan Program and Deferment of Annual Liquor Licensing Fees for Class A and Class B as an Economic Incentive to Assist Small Businesses, following the advice of the City Council at a Special Meeting. Executive Order 2020-02, among other things, deferred video gaming fees for the duration of time in which the State of Illinois required them to remain unused. The State of Illinois once again allowed video gaming as of July 1, 2020. At that time and when City license renewals for video gaming began, City staff received complaints that an error occurred in the intended language of City Ordinance MC-19-1197. ANALYSIS: City Ordinance MC-19-1197 indicated that the annual "video gaming establishment license fee" was $1,000 for each video gaming establishment and $1,000 for each video gaming terminal. During this revision the language indicating it was the responsibility of the video gaming terminal operator (as it has always been) to pay the video game establishment fee was inadvertently left out. This change in language created confusion as to who should pay the annual $1,000 for the establishment license fee, not the terminal license fees. It was always the intent of the City that the terminal operator (i.e., the company that provides the video gaming terminals) would pay the establishment license fee as it had in the past. After receiving feedback from license holders on a need for clarity, Staff is proposing an amendment to City Ordinance MC-19-1197-A, which will clarify it for the license holders. RECOMMENDATION: It is recommended that this amendment, City Ordinance MC-19-1197-A, be passed to clarify for the license holders who is responsible for the video gaming license fees. Therefore, if Council concurs, it is recommended that the following motions be made an acted upon: 1) Motion to adopt an Amendment to Ordinance MC-19-1197 amending Chapter 9, Devices, Coin-Operated, Section 9-10, Video Gamin Terminals, of the City of McHenry's Municipal Code, nunc pro tunc. Z:\M\McHenryCityoflAgendaSupp.VideoGamingAmendCorrection.doc Video Gaming Terminals, Page 1 ORDINANCE NO. MC-19-1197-A Amendment to Ordinance No. MC 19-1197 Amending Chapter 9, Devices, Coin-Operated, Section 9-10, Video Gaming Terminals, of the City of McHenry’s Municipal Code WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; WHEREAS, the City enacted Ordinance No. MC-19-1197 June 17, 2019 to revise the amount of the license fees relating to video gaming establishments and video gaming terminals, among other things, with the newly enacted amounts to be paid by existing owners and operators at the next renewal of video gaming terminal licenses, May 1, 2020; WHEREAS, due to the COVID-19 public health crisis causing limited government functions and businesses to shutdown, a moratorium was placed on the renewal of video gaming terminal licenses and the associated license fees; WHEREAS, the State of Illinois allowed video gaming terminals to reopen beginning July 1, 2020, with City license renewals and fees due within 30 days; WHEREAS, as a result of the reopening, the City Council has determined that an error occurred in the language published under City Ordinance MC-19-1197, Section 9-10 Video Gaming Terminals, Subsection I, Annual Video Gaming Establishment Fee and Video Gaming Terminal Fees which the City Council desires to correct. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Ordinance No. MC-19-1197 is hereby amended, nunc pro tunc, to correct the City Council’s error in Chapter 9, Devices, Coin-Operated, Section 9-10, Video Gaming Terminals, Subsection I, Annual Video Gaming Establishment Fee and Video Gaming Terminal Fees shall be clarified with the underlined language being added and the stricken language being deleted as follows: Sec. 9-10 Video Gaming Terminals. I. Annual Video Gaming Establishment Fee and Video Gaming Terminal Fees. The annual license fee payable to the City shall be $1,000 for each Video Gaming Establishment to be paid by the Video Gaming Terminal Operator and $1,000 for each Video Gaming Terminal License to be paid by the Video Gaming Establishment. Fees for licenses obtained, revoked, or relinquished in the middle of the license year shall not be reduced or refunded. The fees for any not-for-profit establishment shall be $250 for the annual Video Video Gaming Terminals, Page 2 Gaming Establishment to be paid by the Video Gaming Terminal Operator and $250 for each annual Video Gaming Terminal License to be paid by the Video Gaming Establishment. All renewal license fees shall be submitted simultaneously and paid prior to May 1st of each year as licenses are effective from May 1st through the following April 30th. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance, as amended, 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, as amended, shall be in full force and effect upon its passage date of June 17, 2019. Passed and approved this ____th day of July, 2020 Ayes Nays Absent Abstain Alderman Harding ____ _____ _____ _____ Alderman Devine ____ _____ _____ _____ Alderman Glab ____ _____ _____ _____ Alderman Mihevc _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Schaefer _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy Clerk Z:\M\McHenryCityof\Ordinances\VideoGamingAmendCorrection.doc C E R T I F I C A T I O N I, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the ____th day of July, 2020, the foregoing Ordinance entitled Amendment to Ordinance No. MC 19-1197 Amending Chapter 9, Devices, Coin-Operated, Section 9-10, Video Gaming Terminals, Subsection I, Annual Terminal Operator Fee and Video Gaming Terminal Fees of the City of McHenry’s Municipal Code, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. MC-19-1197, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the 18th day of June, 2019, and continued for at least 10 days thereafter. The pamphlet form of Ordinance No. MC-19-1197-A, as amended, and a cover sheet thereof, was prepared, and a copy of such Amended Ordinance was posted in the City Hall, commencing on the th day of July, 2020, and will continue for at least 10 days thereafter. Copies of such Ordinance, as amended, are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this ___th day of July 2020. Monte Johnson, Deputy City Clerk City of McHenry, McHenry County, Illinois (SEAL) Department of Public Works Troy Strange, PE, Director of Public Works ikal 1415 Industrial Drive ow McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 McHenrwww.cityofmchenry.org o•nc•o wivcw CONSENT AGENDA SUPPLEMENT DATE: July 20, 2020 TO:Mayor and City Council FROM: Troy Strange, PE, Director of Public Works RE:Heated Floor / Boiler Replacement for Screen Building at South Wastewater Treatment Plant ATT: City Purchase Order Form MG Mechanical Quote AGENDA ITEM SUMMARY: Staff requests City Council to consider waiving competitive bidding and accepting a proposal from MG Mechanical of Woodstock, IL for boiler replacement and radiator installation to supply heat to the step screen building at the South Wastewater Treatment Plant. BACKGROUND: The step screen building was constructed in 2011 during the South Wastewater Treatment Plant expansion. This expansion project was the first step in consolidating wastewater treatment on the south side of the City. The 2011 expansion project consisted of connecting the Central Wastewater Treatment Plant and the South Wastewater Treatment Plant with a 14" raw sewage line and a 6"sludge line.All sludge dewatering was moved to the South Treatment Plant. Another component of the 2011 project was the addition of the Huber Raw Wastewater Step Screen at the South Wastewater Treatment Plant. The step screen removes large pieces of organic and inorganic material that could damage pumps and other equipment in the treatment process. The step screen is housed in a building that requires explosion proof heating because of the potentially explosive environment in the building. The current explosion proof heating method (radiant hot water in-floor heat) failed last year when the heat exchanger in the boiler rusted and leaks developed in tubing that is buried in the concrete floor. Fiscal Year 2020/2021 Budget includes $60,000 in Water-Sewer Funds for the replacement of the heated floor system in the Wastewater Treatment Plant step screen building. At the start of the 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. fiscal year, staff began investigating options for heating of this building and soliciting quotes from contractors. ANALYSIS: Staff investigated the following options for explosion proof heating systems in the step screen building: 1) Replace the current in-floor heating system with another in-floor heating system. This would require replacing the entire concrete floor of the building, tubing and a new boiler system. Staff did not pursue this option due to the amount of labor and cost involved with replacing the concrete floor of the building. 2) Install explosion proof electric heaters that attach to the walls. 3 explosion proof electrical heaters would be required to heat the step screen building. Each wall mounted explosion proof heater cost $10,683 x 3 = $32,049. This does not include the labor to install these units. The City has had these types of heaters at the Central Wastewater Treatment Plant and experienced several issues due to the environment and the electrical components. 3) Replace the boiler system and install wall mounted radiators. The City requested quotes from 3 local vendors, Althoff Industries of Crystal Lake, MG Mechanical of Woodstock and Hartwig Plumbing and Heating of Harvard. MG Mechanical was the only vendor to visit the site and return a quote. The quote of$26,600.00 fell well within Staffs estimated range. RECOMMENDATION: Therefore if Council concurs, it is recommended that a motion be made to waive competitive bidding and accept the proposal from MG Mechanical of Woodstock, IL for boiler replacement and radiator installation in the step screen building at the South Wastewater Treatment Plant in an amount not to exceed $26,600.00. The City of McHenry is dedicated to providing the citizens,businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented,efficient and fiscally responsible manner. CITY OF MCHENRY PURCHASE ORDER-CONSTRUCTION(Small Projects) Date: August 3,2020 Purchase Order No. Project: Boiler Replacement,McHenry WWTP Step Screen Building Location: McHenry WWTP,Charles Miller Road Owner ContractorNendor Architect/Engineer City of McHenry 333 South Green Street MG Mechanical Service McHenry,Illinois 60050 1513 Lamb Road Phone: (815)363-2100 Woodstock,IL 60098 Phone: Fax: (815)363 2119 Phone: (815)334-9450 Fax: Contact: Derik Morefield, Fax: (815)334-9453 Contact: City Administrator Contact: mgmc@mgmechanical.com COST OF WORK The Contract Price of the Work under this Purchase Order is$ SCOPE OF WORK: Furnish the Work/items described below in accordance with the following plans and specifications: Q General Contract,dated 20_ Q Specification No(s): dated 20_ Q Plans dated : Q Addendum No(s): Q Other: Attached MGM Quote The following prices shall remain in effect for the duration of project: UNIT OF LUMP SUM QUANTITY MEASURE DESCRIPTION/ITEMS UNIT PRICE EXTENSION 1 LSUM Provide all labor,materials and equipment necessary for 26,600.00 26,600.00construction/installation of: TOTAL $26,600.00 NOTES: 1) 2) WARRANTIES and INDEMNIFICATION ContractorNendor agrees to provide the following warranties for the Work: (a)all workmanship to be warranted for a period of one(1) year-manufacturer warrants material; and(b)all other warranties contained elsewhere in the Contract Documents or Supplemental Conditions hereto.Further,CONTRACTOR/VENDOR SHALL FULLY INDEMNIFY AND SAVE THE CITY OF MCHENRY HARMLESS FROM ALL CLAIMS,LIENS,FEES,AND CHARGES,AND THE PAYMENT OF ANY OBLIGATIONS ARISING THEREUNDER,pursuant to the provisions in the Supplemental Conditions hereto. CONTRACT TIMES ContractorNendor agrees to commence Work within forty-eight(48)hours of receipt of the Owner's Notice to Proceed,and to complete the Work no later than days after commencing the Work. Time is of the essence. THE TERMS OF THIS PURCHASE ORDER AND THE ATTACHED SUPPLEMENTAL CONDITIONS ARE THE ENTIRE AGREEMENT BETWEEN THE CITY/OWNER AND VENDOR. No payment will be issued unless a copy of this Purchase Order is signed,and dated and returned to the Owner. Material certifications/test reports required.All domestic material,unless otherwise specified. Purchase exempt from sales and/or use taxes. 1 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. IN WITNESS WHEREOF, the parties hereto have executed this Purchase Order the day and year written below. CONTRACTOR/VENDOR: PURCHASER: City of McHenry By: Title: Representative of Vendor authorized to execute Purchase Order Dated: SUPPLEMENTAL CONDITIONS 1. Acceptance of Purchase Order: The Purchase Order is an offer to contract, buy or rent and not an acceptance of an offer to contract, sell or rent. Acceptance of this Purchase Order is expressly limited to the terms hereof, and in the event that ContractorNendor'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/Vendor unless Owner is notified to the contrary within ten (10) days from its date of issue. 2. Amendment, Modification or Substitution: This Purchase Order contains the entire agreement between the parties. Any modification or rescission thereof must be in writing and signed by Owner. No proposals or prior dealings of the parties or trade custom not embodied herein shall alter the interpretation or enforcement of this Purchase Order. 3. Familiarity With Plans; Qualifications: ContractorNendor acknowledges that it(a)has examined the site of the proposed Work and is familiar with the conditions surrounding same;and(b)has examined the plans and drawings,and has studied and is aware of, and satisfied with,the requirements of the Contract Documents. ContractorNendor 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.ContractorNendor 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 ContractorNendor, its agents or employees. 4. Workmanship; Safety: All Work shall be performed by ContractorNendor in a neat,skillful and workmanlike manner, and all materials furnished by ContractorNendor shall be new and of the best description and quality of their respective kinds,unless otherwise specified and ordered by Owner in writing. All Work and/or materials shall be subject to the inspection and approval of the Owner,its engineers and representatives. ContractorNendor is responsible for its own and its employees' activities on the jobsite, including but not limited to,the methods of work performance,superintendence,sequencing of work,and safety in,on or about the jobsite area in which it is performing the Work under this Purchase Order. Owner and ContractorNendor shall not require any laborer or mechanic employed in performance of this Purchase Order to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous to his health or safety,as determined under applicable federal and Illinois construction safety and health standards 5. Extra's and Change Orders: No claim by ContractorNendor that any instructions,by drawing or otherwise, constitute a change in Contractor/Vendor's performance hereunder, for which ContractorNendor should be paid additional compensation shall be valid, unless prior to commencing such allegedly extra or changed performance,ContractorNendor 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 ContractorNendor 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 by Owner, provided,however,that if the ContractorNendor 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 as"Work")ordered herein, by the omission,neglect or default of Owner, its agents or employees, Contractor/Vendor shall be entitled to no additional compensation or damages for such delay, and shall be entitled only to an extension of time for a period equal to the time lost as a result of the aforesaid causes, determined by Owner. Any charges for extra not so authorized will not be paid. 2 6. Inspection and Acceptance: Owner shall have the right at all reasonable times to inspect and test all goods, materials or Work furnished by ContractorNendor and all Work performed or furnished by Contractor/Vendor. Notwithstanding any prior inspection, the passage of title or any prior payment, all goods, material and Work furnished thereunder are subject to final inspection and acceptance by Owner at its job site. If, after inspection, Owner rejects any goods furnish by Contractor/Vendor thereunder, Owner may, at its election,return those goods to ContractorNendor at Contractor/Vendor's expense, including the cost of any inspection and testing thereof. If Contractor/Vendor fails to proceed promptly with the correction or replacement of any rejected goods or Work, Owner may replace or correct such items or Work by purchase or manufacture and charge the cost incurred thereby to Contractor/endor or terminate this Purchase Order for default in accordance with paragraph 12 herein. By inspecting and not rejecting any goods and Work furnished thereunder,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. 7. Taxes, Delivery, Risk of Loss: Unless indicated to the contrary on the face hereof, it shall be the responsibility of ContractorNendor to arrange for and complete delivery of all goods or materials. If the goods or materials furnished thereunder are equipment, ContractorNendor shall give Owner two (2)working days' advance notice of delivery. All goods or materials furnished by ContractorNendor should be shipped in the manner and at the times indicated on the face hereof at the expense of ContractorNendor, it being understood that the risk of loss with respect to such goods is with ContractorNendor 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 E 8. Payment: Owner will make partial payments to the ContractorNendor from time to time for the Work performed and the materials furnished by the ContractorNendor. Provided,however,in no event shall Owner be obligated to pay ContractorNendor any sum that exceeds the Contract Price absent a written change order executed by Owner. 8.1 Prior to issuance of any payments by the Owner to the ContractorNendor, the ContractorNendor shall furnish to the Owner(in a form suitable to the Owner) an application for the payment then due, together with receipts, waivers of claim and other evidence showing the Contractor/Vendor's payments for materials, labor and other expense incurred in the ContractorNendor's Work hereunder. The Owner will,at all times, be entitled to retain ten percent(10%) of all monies due and owing to the ContractorNendor as a part security for the faithful performance of this Agreement. This ten percent (10%) so withheld will not be paid to the ContractorNendor until the Owner has issued to the ContractorNendor a fmal acceptance of the Project. 8.2 Owner may withhold the whole or any part of any payment due to the ContractorNendor 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/Vendor to make payments promptly for material or labor; or (d) Contractor/Vendor's failure to furnish Owner with all written warranties and operational manuals for the Work. 8.3 ContractorNendor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the ContractorNendor under this Agreement for all amounts owing from the ContractorNendor to (a) the Owner for back-charges or services furnished for the account of the ContractorNendor; (b)the Owner for damages sustained whether through negligence of the ContractorNendor or through failure of the ContractorNendor to act as may be otherwise detailed herein; (c) materiahnen; (d) subcontractors; (e) laborers; and (f) others for services and materials furnished to the ContractorNendor for the Work performed under this Agreement, and(2)to apply the amount so deducted to the payment of said materials, services, damages or back-charges applying such monies so available in the order hereinbefore set forth. 8.4 Owner,without invalidating this Agreement,may make changes by 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 Agreement,if any; or(b) by agreement in writing between the Owner and the ContractorNendor as to the value of the time and materials for the changes in the Work. In any event, the ContractorNendor 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. 8.5 Notwithstanding the payment in full for the Work hereunder,the ContractorNendor will be liable to repair or replace any imperfect workmanship or other faults; and if the ContractorNendor fails to repair or replace the imperfect workmanship or other faults, the Owner may do the Work and recover from the ContractorNendor 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. 9. ContractorNendor Warranty: ContractorNendor warrants in addition to all warranties which are imposed or implied by law or equity that all materials and Work furnished thereunder (a) shall confirm to any specifications and drawings applicable to this Purchase Order; (b) shall be merchantable and of good quality and workmanship; (c) shall be fit for the purpose intended as well as the propose for which such goods, materials or Work are generally used; and (d) except for rented equipment, shall be free from defects for a period of one(1)year, or such longer period as is specified in the Scope of Work or Contract Documents, from the date such Work is performed or such materials are utilized or installed, and if installed as part of a structure or utilized equipment, for one 1)year or such longer period as is specified in the Contract Documents,from the date any such goods,materials or Work hereunder is accepted in writing by Owner. ContractorNendor expressly agrees that the statute of limitations with respect to Contractor/Vendor's warranties shall begin to run on the date of acceptance by Owner. 3 10. Insurance and Bonds: ContractorNendor 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 ContractorNendor 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. Contractor/endor shall furnish and pay for surety bonds and with surety or sureties satisfactory to Owner, guaranteeing the full performance of all of the conditions and terms hereof and guaranteeing that Contractor/endor shall promptly pay for all labor, materials, supplies, tools, equipment and other charges or costs of ContractorNendor in connection with the Work. Such performance and payment bond shall be in an amount determined by Owner. 11. Indemnity: The Parties hereby agree to indemnify, and hold each other, their respective direct and indirect parents and subsidiaries, project manager, any of their affiliated entities, successors and assigns and any current or future director, officer, employee, partner, member or agent of any of them (the "Indemnitees") harmless from any and all claims , demands, liability, loss, damage, fines, penalties, attorney's fees and litigation expenses (collectively "Loss") arising out of injury to, including the death of, persons and/or damage to property,to the extent caused by the negligent acts or omissions of the party providing such indemnification. Further: 11.1 ContractorNendor 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 low, ordinance or regulation upon or with respect to (a) the payment of compensation to any individual employed by ContractorNendor; (b)any discrimination against any individual employed by Contractor/Vendor on the basis of race,color,religion, sex, national origin or physical or mental handicap; (c) the protection of purchasers and users of consumer products; or (d) occupational safety and health. 11.2 In any and all claims against Owner or any of its agents or employees, by any employee of Contractor/Vendor, 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 ContractorNendor under workers compensation acts, disability benefits acts or employee benefit acts, or other applicable law. ContractorNendor assumes the entire liability for its own negligence, and as part of this Agreement waives all defenses available to ContractorNendor as an employer which limit the amount of Contractor/Vendor's liability to Owner to the amount of ContractorNendor's liability under any workers compensation,disability benefits or employee benefit acts. 12. Patents: ContractorNendor warrants that(a)goods furnished thereunder,and the sale and use thereof,shall not infringe any valid United States patent or trademark; and(b)ContractorNendor shall indemnify Owner for its costs to defend any suit instituted against Owner,its agents or customers,charging infringement of any United States patent or trademark by virtue of the possession,use or sale of any goods furnished thereunder is enjoined because of patent infringement. ContractorNendor within a reasonable amount of time shall at Contractor/Vendor's expense procure for Owner its agents or customer, the right to continue using such goods with non- infringing goods or modify such goods so that they become non-infringing or remove such goods and refund to Owner any sums paid therefore,including transportation and installation charges. 13. Cancellation: Time of delivery of this Purchase Order is of the essence and Owner may, by written notice of default to ContractorNendor,cancel the whole or any part of this Purchase Order(a)if Contractor/Vendor fails to make delivery of the goods or perform the services within the time specified herein or any extensions thereof;or(b)if ContractorNendor fails to perform or so fails to make progress as to endanger performance thereunder, and in either circumstance does not cure such failure within a period of two 2) days after receipt of notice from Owner specifying such failure. Owner, by written notice to ContractorNendor, 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 ContractorNendor shall be compensated as follows: (a) for materials delivered and services performed, the reasonable value as part of the Contract Price; (b) for materials not identified to this Purchase Order and service not performed, no compensation; and (c) for ContractorNendor's lost profits or incidental or consequential loss,no compensation. 14. Remedies: ContractorNendor shall, for the duration of its warranties under paragraph 9 herein, at the discretion of Owner and at the expense of Contractor/Vendor, replace, repair and insure any and all faulty or imperfect goods, materials or Work furnished or performed by ContractorNendor thereunder. In the event ContractorNendor fails to do so, Owner may furnish or perform the same, and may recover from ContractorNendor 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, any increased cost or expense to Owner in its performance under contracts with others, and reasonable attorneys fees incurred by the Owner in connection with Vendor's default and Owner's enforcement of its rights under this Purchase Order. 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. 4 15. Compliance With Laws: During the performance hereunder,ContractorNendor 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/Vendor's compliance with any Laws or Regulations. 16. Notices: All notices, demands, requests or other communications which may be or are required to be given, served, or sent by any party to any other party pursuant to this Purchase Order shall be in writing and shall be hand delivered, or sent by courier, or via facsimile with confirmation to the addresses shown on the Purchase Order. 17. Records, Reports and Information: ContractorNendor agrees to furnish Owner with reports and information regarding the Work performed under this Purchase Order,at such times as Owner may reasonably request,making full disclosure of efforts made by ContractorNendor and the results thereof. ContractorNendor agrees to maintain records, documents, and other evidence which will accurately show the time spent and Work performed under this Purchase Order for a minimum period of five (5) years after completion of the Work, and such records shall be subject to audit by the Owner upon reasonable advance notice to ContractorNendor on a mutually agreed date and time. 18. Assignment: ContractorNendor shall not assign this Purchase Order without written consent of Owner. Owner may unilaterally assign its rights under this Purchase Order upon reasonable notice to ContractorNendor. 19. Waiver: Either party's failure to insist in any one or more instances, upon the strict performance of any provision hereof or to exercise any right hereunder shall not be deemed to be a waiver or relinquishment of the future performance of any such provision or the future exercise of such right, but the obligation of ContractorNendor and Owner with respect to such future performance shall continue in full force and effect. 20. Controlling Law, Severability: The validly of this Purchase Order or any of its provisions and the sufficiency of any performance thereunder shall be determined under the laws of Illinois. Venue shall be in McHenry County, Illinois. The Owner is entitled to recover its reasonable attorneys' fees incurred in enforcing the terms of this Purchase Order. 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. 21. Arbitration: Claims, disputes or other matters in question between the parties arising out of or relating to the Work under this Purchase Order or breach thereof shall be subject to and decided by Arbitration in accordance with the American Arbitration Association Construction Industry's Arbitration Rules. Arbitration shall take place at City of McHenry City Hall. CONTRACTOR/VENDOR: Date 5 E CH&NIC AL S EROTIC E, INC'. 1513 Lamb Road • Woodstock, IL 60098 • (815) 334-9450• Fax (815) 334-9453• mgmc@mgmechanical.com HVAC Proposal for: December 17, 2019 Revised June 24, 2020 Boiler Replacement McHenry Screen Bldg Attn: Russell MG Mechanical Service, Inc. proposes to furnish and install (1) boiler as described in the following: Proposal to do the following work: Drain system Remove and replace boiler, expansion tank, fill valve, air separator and zone circulator pump Remove existing in slab heat manifold and piping to slab in screen building Install cast iron radiators, PEX piping and isolation valves in pit area and existing slab heated area Reconnect to existing flue Reconnect to existing gas, underground heating hot water supply, underground heating hot water return Reconnect line voltage Replace explosion proof thermostat Fill system and startup. 90 day Labor Guarantee cast iron radiators 90 warranty 1 year parts and 10 year limited warranty heat exchanger from date of equipment start-up. Total cost for the scope of work boiler listed above for: 26,600.00 Exclusions: Routine maintenance Power Wiring and Disconnect Switches (existing to remain) Interlock Wiring (existing to remain) Secondary Support Steel for Roof Mounted Equipment Starters and / or Variable Frequency Drives Temporary Heating and/or Facilities Cutting, patching and painting of new or existing walls, floors and roofs Heating • Air Conditioning • Ventilation•Specialty Sheet Metal Fabrication Page 1 of 2 Asbestos removal (hazardous material handling or working in contaminated areas) Premium Time Payment/Performance Bond Fees City Permits and/or Expediting Fees Terms and Conditions: The above price is based on normal working hours and is valid for 30 days. Payment is due at time of completion. Title to all equipment and materials will remain in MG Mechanical Service, Inc.'s name until payment has been made in full. A 2% interest fee will be assessed on all late payments. MG Mechanical Service, Inc. will provide a Certificate of Insurance, meeting our standard contract requirements. Signature of Acceptance Date Thank you very much for the opportunity to present this proposal. We are looking forward to working for you on this project. Please contact me if you should require any additional information. Respectfully Submitted, MG Mechanical Service, Inc. Heating • Air Conditioning •Ventilation•Specialty Sheet Metal Fabrication Page 2 of 2 City of McHenry Revenues, Expenditures and Transfers Budget Vs. Actual Year-End FY19/20— (May 1, 2019 — April 30, 2020) Overview In preparing the FY19/20 Budget all departments were directed to keep the budget status quo to FY18/19 as revenue projections were cautiously adjusted based on historical trends and with continued consideration regarding the continued financial instability of the State of Illinois. Consistent with the overall financial goals of the City Administration, the operating budget for FY19/20 was presented to, and approved by, the City Council as a balanced budget. During the final quarter of FY19/20, the onset of the COVID-19 Pandemic quickly and unexpectedly changed the state of the local economy with an anticipation that it would also drastically impact the City's budget. Without precedent or solid data upon which to make financial decisions,the City Administration acted swiftly to adjust spending and readjust revenue forecasts. All capital spending for projects that had not yet been started or did not have defined funding were put on hold, and departments were directed to halt all unnecessary spending. The obvious goal of these efforts was to stabilize the city's financial position until the economic impacts resulting from COVID-19 could be better defined. As of the development of this report, this impact has yet to be fully realized. Across the United States, the Gross Domestic Product (GDP) dropped by 5.0% during the first quarter of 2020. By comparison,the GDP saw a 2.1%gain in the fourth quarter of 2019. Further, it is expected that the national GDP could drop by over 17%during the first two quarters of 2020. Consumer spending of drives a lot of this drop in GDP. The nation's unemployment rate rose to 14.7%in April, up from 3.5% in February. The state's unemployment rate was 16.9%in April 2020 and 14.7% in May 2020. McHenry County's unemployment rate was at 16.6% in April 2020 and 13.3% in May 2020. On the whole, it will be more important than ever to continue to monitor revenue trends as well as spending in order to be able to continue to adjust the City's operating budget in this volatile market. The report below gives details on the City's position as of April 30, 2020; however, it is important to note that these numbers have not been audited as of this report and are subject to change. Again,the economy prior to March 2020 was substantially different than the economy since that time. As such, a review of the FY19/20 Budget will reflect this drastic change. The City Administration will continue to be diligently monitoring the City's financial position and adjusted budgets have been relayed to all department heads/managers to ensure reduced spending to match anticipated decreases in revenues. The City Administration will continue to keep the City Council apprised of budgetary impacts. Highlights of revenues and expenditures are included below. Page 1 of 10 Budget vs. Actual— Revenues & Expenditures (Refer to Page 5) Overall, many of the non-operating funds are running over budget in revenues and under budget in expenses. As expected, operating funds are running under budget for revenues, but are also under budget for expenses. A few funds to highlight that are deviating a little farther than expected are the Tourism and the Water/Sewer funds. The Tourism Fund was significantly affected with the COVID-19 related State shutdown and revenues are at only 72% of budget. As a reminder, the City has a loan for the Green Street parking lot and payments for this loan are being paid by this fund so the fund balance will have to be watched carefully if revenues do not rebound. The Water/Sewer Fund revenues fell slightly short at 96% of budget, which is something to watch as revenues are also expected to fall short of operating expenses for FY20/21. Total Water/Sewer Fund expenses show at 85% of budget, but operating expenses alone are at 97% of budget. Revenues by Type (Refer to Page 6) Across all of the funds, the City's revenues met the budget amounts for the fiscal year. Property Tax Revenues are at 102.6%of budget due to higher than expected road and bridge allotment as well as higher Tax Increment Financing collections. Sales and Use Tax Revenue was budgeted 10.3% higher than in FY18/19 due to the 0.25% increase to Home Rule Sales Tax and anticipated higher receipts. Unfortunately, with the mandated COVID-19 shutdown, the City will only achieve 98% of the budgeted amount. March State Sales Taxes received in June are down $76,623 (11.6%) from last year and April taxes received in July are estimated to be down $116,080 (18.2%). As of this report July totals (April collections) are not yet available. With higher unemployment, Income Tax Revenue only hit 97.7% of the budgeted amount. The amount of Income Tax received in May for April 2020 was down $269,902 (49.8%) from April 2019. Other Tax Revenue is up 120.9% over budget primarily from State increases to Motor Fuel Tax disbursements, which resulted in increased revenues of $320,849 over budget (146.7%); Cable Fees being up $32,679 (110.2%); and, Replacement Taxes being up $18,626 (128.7%). However, these revenues were slightly offset by Telecommunication Tax Revenues being under budgeted revenues by $18,626 (91.5%); Intertrack Wagering being under budget by $8,276 (83.1%); and, the Hotel/Motel Tax under budget by$15,251 (91.3%). As previously identified, Water and Sewer sales are below budget and only reached 94.9% of budgeted amounts. During the FY20/21 budget process it was determined that rate increases were necessary to fund budgeted operating expenses however, these rate increases were deferred until the end of the calendar year in an effort to provide residents with some slight economic relief through that time. The City Administration will continue to monitor operating revenues and expenses closely to identify the need for rate increases to ensure that if deficit spending occurs it can be addressed and managed moving forward. Page 2 of 10 Impact Fees are at 273.2% of budgeted amounts as a few developers prepaid on permits for new homes. Licenses and Permits Revenues are at about 101% of budget for the year. Video Gaming receipts fell short of budgeted amounts by $26,653 (95.2%) due to the mandated cessation of gaming operations in March, and Liquor License Revenue was down $23,283 (74.1%) due to collections being deferred until FY20/21 to provide relief for impacted businesses. These decreases were offset by Building Permit Fee Revenues being over budget by $58,056 148.4%). Reimbursement Revenues are at about 107% of budget due to state reimbursements for road programs received that were not budgeted for. Charges for Services are at 92.3% of budget primarily due to decreased Recreation Center and Parks revenues due to COVID-19. Further, Recreation Center Fees are only at 71.8% of budget due to the mandated closing of the facility and resulting lost memberships. Interest Income is at 153.3% of budget due to higher interest rates early in the fiscal year. Other Revenues are running at 89.4% of budget due to unrealized losses recorded for Police Pension investments. Revenues by Fund (Refer to page 7) General Fund Revenues amount to 49% of the total budgeted revenues - primarily coming from Property Taxes, Sales Taxes, Income Taxes, and Charges for Services. At year end, General Fund Revenues are at 98.5% of budget, which is an overall positive considering Sales Tax and Income Tax revenues were below budget. Motor Fuel Tax Revenues are at 162% of budget due to the State increasing disbursements for municipalities across the state. The Tax Increment Fund Revenues are at 147% of budget due to property tax receipts received during the year being higher than budgeted.Water/Sewer Revenues are at 103%of budget due to significant increases in impact fees collected which are not used for operating expenses. Employee Insurance Fund Revenues are below budget at 92.6% due to changes in coverage. Police Pension Revenues are at 82% of budget due to the investment losses being recorded. All Other Funds' Revenues are running at 132%for the year. Expenditures by Type (Refer to page 8) Total expenditures for the year are at 93.7% of budget primarily due to capital items not being completed during the fiscal year and debt service principal expenses not being recorded as an expense. Salaries represent 30% of the total expenditure budget and are only at 98% of the budgeted amount due to the Police Department deferring the hiring of two new approved Page 3 of 10 officers. Benefit expenditures are at 96% of the budgeted amount due to the lower insurance expenses without the two additional officers. Contractual expenses are at 100% of budget. Of important note, most Contractual line items were under budget for the fiscal year but COVID-19 increased legal expenditures. Other Expenses are running above budget at 110% for the year due to setting up the loan program for small businesses in McHenry and the increase to the development expense account for sales tax incentives ($49,100). Capital Expenses are at 71% as projects that were not started were deferred, delayed or eliminated, and some projects needed were rebudgeted to FY20/21 for completion. It is important to note that water/sewer fixed assets are recorded and depreciation expense is included in the Capital Expense category. Debt Service Expenses are at 62% of the budgeted amount due to IEPA loan principal payments being budgeted but accounting standards require the payment to be recorded against the liability not an expense account. Expenditure by Fund (Refer to page 9) The total for all of the funds are running at 94% of the budgeted amount for the year. The General Fund is at 96% of the budget due to salary and benefit expenses falling under budget. The Motor Fuel Tax Fund is under budget at 77% due to capital projects that are started but will be completed in FY20/21. The Tax Increment Fund is at 132% because of the increment payments being higher than expected, but revenue received was higher as well. The Water/Sewer Fund expenses are at 85% of budget due to the IEPA loan principal payment of 1,281,000 being recorded against the liability account instead of as an expense. The Employee Insurance Fund is at 93% of budget due to lower than expected premiums. The Police Pension Fund is running at 111% of budget due to a few officers leaving and the requirement to refund pension contributions. All Other Funds are running at 106% of budgeted amounts due to the Annexation Fund distribution expenses to the schools, library and fire department collected through permit fees. Fund Balances (Refer to page 10) The total fund balance (deficit) as of the end of the year is provided on this page. The fund balance is calculated by taking the fund balance (deficit) at 4/30/19 and adding all revenues over expenses received during FY19/20. If there is deficit spending the fund balance will decrease. It is important to note that fund balance is not listed for the Water/Sewer Fund and the Utility Improvements Fund, instead it is better to look at cash and cash equivalents to get an idea of reserves for that fund. The General Fund had higher expenses than revenues for the fiscal year (use of $483,206 of General Fund Balance was budgeted for capital expenditures) resulting in a decrease in the General Fund Balance from 7,263,313 to $7,116,866 ($146,447). The Water/Sewer Fund and Utility Improvements Fund has a combined cash and cash equivalent balance of $4,260,912, but it is important to remember that $3,656,442 of this balance is Page 4 of 10 reserved for IEPA loan payments. This leaves $1,277,859 available for capital programs or operating revenue shortages. Upcoming Quarters In summary, the City Administration has developed and implemented a plan for the FY20/21 Budget to deal with potential revenue shortfalls due to COVID-19 economic impacts. Each department was directed to review their respective budgets to identify expenditures that could be deferred, delayed or eliminated. A new budget report will be developed and disbursed with these revised budget amounts for review. As an important reminder, the Fund Balance and Reserve Policy was created to provide guidance in responding to emergency financial situations. Further, maintaining a reasonable General Fund Balance (as defined in the Fund Balance and Reserve Policy) provides the City with the opportunity to be able to respond to, and recover from, emergency situations like COVID-19 with reduced financial risk. Moving forward, once the economic impacts of COVID-19 are realized, a plan can be created and implemented to rebuild the General Fund Balance over the next few years, if needed. In the upcoming quarters, the City Administration will continue to watch all revenues and expenses and make changes as necessary. Due diligence by all departments will be necessary to ensure spending is controlled as best as possible. Page 5 of 10 City of McHenry Revenues & Expenditures Budget vs. Actual Year-End Report May 1 , 2019 -April 30, 2020 Budget Vs.Actual-Revenues & Expenditures Revenues Expenditures of Fund FY19-20 Budget 19-20 Actual % of Budget FY19-20 Budget 19-20 Actual Budget General 24,060,427 23,697,761 98.5% 24,734,343 23,844,208 96.4% Tourism 226,000 162,744 72.0% 225,671 196,955 87.3% Pageant 2,000 4,015 200.8% 1,900 3,825 201.3% Band 12,000 12,027 100.2% 15,000 14,573 97.2% Civil Defense 6,000 6,012 100.2% 5,300 3,833 72.3% Alarm Board 206,500 212,877 103.1% 92,000 74,624 81.1% Audit 39,079 39,065 100.0% 40,011 43,645 109.1% Annexation 320,400 569,844 177.9% 615,000 813,806 132.3% Motor Fuel Tax 696,946 1,129,700 162.1%1,043,198 803,718 77.0% Developer Donations 447,000 1,123,649 251.4% 687,700 837,078 121.7% TIF 501,000 737,606 147.2% 310,735 411,383 132.4% Debt Service 1,293,115 1,293,513 100.0% 1,657,965 1,655,563 99.9% Recreation Center 915,354 681,710 74.5% 905,160 789,830 87.3% Special Service Area#1A 0.0% 0.0% Special Service Area#4 16,847 16,867 100.1% 16,847 16,847 100.0% Capital Improvements 70,774 321,671 454.5% 953,221 423,517 44.4% Capital Equipment 71 28,850 29,010 0.0% Water/Sewer 9,758,888 9,398,716 96.3% 10,308,517 8,761,361 85.0% Capital Development 371,000 1,073,348 289.3% Utility Improvements 31,847 43,562 136.8% Marina 45,350 35,571 78.4% 43,000 27,211 63.3% Employee Insurance 3,487,433 3,228,386 92.6% 3,487,032 3,231,814 92.7% Risk Management 724,291 738,160 101.9% 899,561 881,888 98.0% Information Technology 664,950 665,441 100.1% 664,948 628,441 94.5% McHenry Area Character Counts Flex 50,000 51,017 102.0% 50,000 51,017 102.0% Developmental Escrow 25,000 72 0.3% 25,000 72 0.0% Retained Personnel 75,000 59,006 78.7% 75,000 59,006 78.7% Revolving Loan 1,500 155,265 10351.0% 0.0% Police Pension 3,462,421 2,827,796 81.7% 2,105,093 2,325,559 110.5% Total 47,511,122 48,285,472 101.6% 48,991,052 45,928,784 93.7% Net Income/(Loss) Fund FY19-20 Budget 19-20 Actual % of Budget General 673,916) (146,447) 21.7% Tourism 329 34,211) (10398.5%) Pageant 100 190 Band 3,000) 2,546) Civil Defense 700 2,179 311.3% Alarm Board 114,500 138,253 120.7% Audit 932) 4,580) 491.4% Annexation 294,600) (243,962),82.8% Motor Fuel Tax 346,252) 325,982 94.1%) Developer Donations 240,700) 286,571 (119.1%) TIF 190,265 326,223 171.5% Debt Service 364,850) (362,050) 99.2% Recreation Center 10,194 (108,120) (1060.6%) Special Service Area#1A Special Service Area#4 20 Capital Improvements 882,447) (101,846) 11.5% Capital Equipment 28,850)28,939) Water/Sewer 549,629) 637,355 (116.0%) Capital Development 371,000 1,073,348 289.3% Utility Improvements 31,847 43,562 136.8% Marina 2,350 8,360 355.7% Employee Insurance 401 3,428) (854.9%) Risk Management 175,270) (143,728) 82.0% Information Technology 2 37,000 1850000.0% McHenry Area Character Counts Flex Developmental Escrow Retained Personnel Revolving Loan 1,500 155,265 10351.0% Police Pension 1,357,328 502,237 37.0% Total 1,479,930) 2,356,688 (159.2%) Page 6 of 10 Revenues by Type of Revenues FY19-20 Budget 19-20 Actual Budget %of Total Property Taxes 5,485,632 5,629,639 102.6% 11.7% Sales Taxes 10,666,375 10,453,681 98.0% 21.6% Income Taxes 2,719,444 2,655,608 97.7% 5.5% Other Taxes 1,581,946 1,911,941 120.9% 4.0% Water&Sewer Sales 8,321,580 7,893,517 94.9% 16.3% Impact Fees 950,000 2,595,649 273.2% 5.4% Fines and Fees 551,200 522,981 94.9% 1.1% Licenses and Permits 805,000 814,189 101.1% 1.7% Reimbursements 1,995,962 2,141,925 107.3% 4.4% Charges for Services 7,056,814 6,510,959 92.3% 13.5% Grants 195,164 0.0% 0.0% Interest Income 1,149,200 1,761,176 153.3% 3.6% Other Revenues 6,032,805 5,394,207 89.4% 11.2% Total 47,511,122 48,285,472 P 101.6% 100.0% Revenues by Type 11.2% 3.6% 11.7% Property Taxes III Sales Taxes 0 0.0% Income Taxes Other Taxes 13.5% Water&Sewer Sales Impact Fees Fines and Fees Licenses and Permits 4.4% 11Pleill Reimbursements Charges for Services 1.7% Grants Interest Income 1.1% 5.5% 5.4% 4.0% to Other Revenues 16.3% Page 7 of 10 Revenues by Fund of Fund FY19-20 Budget 19-20 Actual Budget %of Total General 24,060,427 23,697,761 98.5% 49.1% Motor Fuel Tax 696,946 1,129,700 162.1% 2.3% TaxlncrementFinancir 501,000 737,606 147.2% 1.5% Debt Service 1,293,115 1,293,513 100.0% 2.7% Capital Improvements 70,774 321,671 454.5% 0.7% Capital Equipment 71 0.0% 0.0% Water/Sewer 10,207,085 10,551,197 103.4% 21.9% Employee Insurance 3,487,433 3,228,386 92.6% 6.7% Risk Management 724,291 738,160 101.9% 1.5% InformationTechnolog 664,950 665,441 100.1% 1.4% Police Pension 3,462,421 2,827,796 81.7% 5.9% All Other Funds 2,342,680 3,094,170 132.1% 6.4% Total 47,511,122 48,285,472 e 101.6% 100.0% Revenues by Fund 25,000,000 20,000,000 15,000,000 10,000,000 Revenues by Fund 5,000,000 e re 2 E E E to o n L u F o o E 3 T f f E o u a O 3 E c E Page 8 of 10 Expenditures by Type A)of Expenditures FY19-20 Budget 19-20 Actual Budget %of Total Salaries 13,839,707 13,609,466 98.3% 29.6% Benefits 7,062,992 6,781,241 96.0% 14.8% Contractual 3,896,405 3,908,004 100.3% 8.5% Supplies 1,688,445 1,532,005 90.7% 3.3% Other 7,770,214 8,564,053 110.2% 18.6% Debt Service 4,061,259 2,517,497 62.0% 5.5% Capital 5,631,775 4,001,263 71.0% 8.7% Transfers 5,040,255 5,015,255 99.5% 10.9% 48,991,052 45,928,784 93.7% 100.0% 11% Expenditures by Type 9% 30% Salaries Benefits Contractual 5% Supplies Other Debt Service Capital Transfers 19% 15% 3% 8% Page 9 of 10 Expenditures by Fund of Fund FY19-20 Budget 19-20 Actual Budget %of Total General 24,734,343 23,844,208 96.4% 51.9% Motor Fuel Tax 1,043,198 803,718 77.0% 1.7% Tax Increment Financir 310,735 411,383 132.4% 0.9% Debt Service 1,657,965 1,655,563 99.9% 3.6% Capital Improvements 953,221 423,517 44.4% 0.9% Capital Equipment 28,850 29,010 0.0% 0.1% Water/Sewer 10,351,517 8,788,572 84.9% 19.1% Employee Insurance 3,487,032 3,231,814 92.7% 7.0% Risk Management 899,561 881,888 98.0% 1.9% InformationTechnolog 664,948 628,441 94.5% 1.4% Police Pension 2,105,093 2,325,559 110.5% 5.1% All Other Funds 2,754,589 2,905,111 105.5% 6.3% Total 48,991,052 45,928,784 93.7% 100.0% Expenditures by Fund 30,000,000 25,000,000 20,000,000 15,000,000 Expenditures by Fund 10,000,000 5,000,000 MI mem _ I I = II= II I General Motor Fuel Tax Tax Increment Debt Service Capital Capital Water/Sewer Employee Risk Information Police Pension All Other Funds FinancIng Improvements Equipment Insurance Management Technology Page 10 of 10 Fund Balance Fund Revenues Fund Balance/(Deficit) - Over Balance/(Deficit) Fund Description 4/30/19 Expenses 04/30/20 * 100 General Fund 7,263,313 (146,447) 7,116,866 _ 200 Tourism Fund 262,480 (34,211) 228,269 205 Pageant Fund 1,182) 190 992) 210 Band Fund 15,129 2,546) 12,583 220 Civil Defense Fund 3,657 2,179 5,836 225 Alarm Board Fund 587,406 138,253 725,659 230 Audit Expense Fund 12,829 4,580) 8,249 260 Annexation Fund 926,720 (243,962) 682,758 270 Motor Fuel Tax Fund 1,115,812 325,982 1,441,794 280 Developer Donation Fund 1,201,372 286,571 1,487,943 290 TIE Fund 45,619) 326,223 280,604 300 Debt Service Fund 367,012 (362,050) 4,962 400 Recreation Center Fund 528,174 (108,120) 420,054 424 SSA#4 -Lakewood Rd. Utility 63 20 83 426 SSA#6 -Hunterville 179,115) 179,115) 440 Capital Improvements Fund 580,129 (101,846) 478,283 450 Captial Equipment Fund 190 (28,939) 28,749) 510 Water/Sewer Fund ** 4,934,302 637,355 5,571,657 550 Capital Development Fund 1,638,315 1,073,348 2,711,663 580 Utility Improvements Fund ** 673,390) 43,562 629,828) 590 Marina Fund 462,069 8,360 470,429 600 Employee Insurance Fund 82,352) (3,428) 85,780) 610 Risk Management Fund 643,886 (143,728) 500,158 620 Information Technology Fund 98,774 37,000 135,774 700 Employee Flex Fund 720 Developmental Escrow Fund 740 Retained Personnel Fund 750 Revolving Loan Fund 121,295 155,265 276,560 760 Police Pension Fund 27,153,629 502,237 27,655,866 Adjustments to Revenues and Expenses for year-end have not been finalized, amounts could change. Cash and Cash Equivalents Page 11 of 10 Bill Hobson, Director of Parks and Recreation a McHenry Recreation Center 4 1 3636 Municipal Drive McHenry, Illinois 60050I\4c!-lenry Phone: (815) 363-2160 Fax: (815) 363-3119 www.cityofmchenry.org/park_recreation CONSENT AGENDA SUPPLEMENT DATE: July 20, 2020 TO:Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE:McHenry Parks & Recreation Facilities & Special Use permit requests ATT: Permit List and Applications All fees and documentation have been satisfactorily submitted for the attached McHenry Parks Recreation Facilities & Special Use permit requests. If Council concurs, then it is recommended a motion is considered to approve the attached McHenry Parks & Recreation Facilities & Special Use permit requests. 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,and fiscally responsible manner. FOR COUNCIL MEETING ON JULY 20, 2020 Shelter Rental Alcohol Permits These are alcohol permit requests associated with shelter rentals Date Applicant Address Park Purpose 08/08/20 Jennifer Eschenbacher 7721 Catalpa Dr/WL PP A Graduation Party 8/30/20 Debbie Lindaur 4909 Home Ave PP A Shower Special Use Permits These are special use permit requests associated with shelter rentals Date Applicant Address Park Special Use None Recreation Center Room Rental Alcohol Permits These are alcohol permit requests associated with Recreation Center room rentals or programs. Date Applicant Address Rec Center Purpose None McHenry Recreation Center Facility Rental & Special Use Permit Application McHenryParks&R((UNrkn INNrtmrnr Application Date: Z Rental Date: Rental Time(include set-up/clean-up): /0•'00/1/h //7.aa.1t Name of Applicant: J 1 vl rt r Pi f,(1 e i be _ /Lei_ Date of Birth: / Group/Organization(if applicable): Address: 7 7// e Gt I A-Ip A Dr. City/State/Zip: IA)o li e y L Q.//_-( , //_ /p fJC2'? / Home Phone: / Event Title/Activity: / j1./ U_(Ali 1D r {-^} Attendance: s SHELTER/SAFETY TOWN: (daily rate) J Knox A littl Petersen A 0 Petersen C 0 Safety Town Knox B Petersen B Veterans Other WEDDING:Rails removed at Veterans Memorial Park($25 fee) MCHENRY RECREATION CENTER: (hourly rate) ROOM: Kitchen($35 fee) 0 Room A Room B 0 Room C 0 Studio SET-UP: Banquet Board Room 0 Classroom Theater TABLES/CHAIRS: It Round It Rect It Chairs BEER/WINE:(at least 4 weeks notice needed)—No other alcohol allowed TYPE: t"Wine EN.Beer AMOUNT:tI Bottles 5 It Cases SPECIAL USE: (at least 4 weeks notice needed)—Equipment provided by renter Tent Location: Bounce House *Applicant to call JULIE (1-800-892-0123)for staking of Tents/Bounce Houses It Tables Band/D1 Carnival Rides Animals II Chairs 0 Wedding Arch 0 Performer Catered Pig Roast 0 Otl- Date Approved: OTHER: Grout Copy to Maintenance: Si /Z DAMAGE DEP: Credit Card Sent: Signal Approval will be based on the items listed above.Any other requests are subject to further approval.If applicable,health permits are required by law for concessions and catering.Please make arrangements to obtain permits.McHenry County Department of Health:815-334-4585 I agree all alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit.I agree that none of the alcohol allowed in City of McHenry property,pursuant to this application will be sold,it being understood that the sale of alcohol under this permit issued pursuant to this application is expressly prohibited.I also understand that not complying with the rules will result in loss of deposit. I agree to hold the City of McHenry,its employees and agents harmless,and indemnify same from any and all liability of injury to person or property occurring as a result of the activity sponsored by permittee and said person shall be liable to the City of McHenry for any and all damage to parks, recreation facilities and equipment owned by same,which results from or during the activity of permittee or is caused by participant in said activity.All persons agree to comply with the City of McHenry Municipal Code and all Parks&Recreation regulations.I have read and fully understand the McHenry Recreation Center Rental and/or Shelter Guidelines. Signature: C C Date: lI :/2 / / oho McHenry Recreation Center Facility Rental & Special Use Permit Application McHenry Forks&RrntcrWn rkNrrrrt,u Application Date: J Co Z o ZO Rental Date: jitt, 30 Z 0 Rental Time(include set-up/clean-up): 1 / - t0 Name of Applicant: ISP,,UO/.e L-c`l,No uY Date of Birth: Group/Organization(if applicable): Y\, & Address: L--(D(Del 1k-04vQ City/State/Zip:. - Event Title/Activity: koI:I I.1( S S( .oule.V- Attendance: 3 s- 0 SHELTER/SAFETY TOWN:(daily rate) Knox A Petersen A Petersen C 0 Safety Town Knox B LiPetersen B 0 Veterans 0 Other WEDDING: Rails removed at Veterans Memorial Park($25 fee) MCHENRY RECREATION CENTER:(hourly rate) ROOM: Kitchen($35 fee) 0 Room A Room B Room C 0 Studio SET-UP: El Banquet 0 Board Room Classroom Theater TABLES/CHAIRS: #Round Rect Chairs BEER/WINE:(at least 4 weeks notice needed)-No otheri_ alcohol allowed TYPE:Wine L Beer AMOUNT:Bottles 7.--11 #Cases 2-41 SPECIAL USE:(at least 4 weeks notice needed)-Equipment provided by renter O Tent Location: ease St Bounce House *Applicant to call JULIE(1-800-892-0123)for staking of Tents/Bounce Houses 5l'V11`e e,rat H Tables Band/DJ El Carnival Rides Animals C C--0h # Chairs Wedding Arch Performer Catered Pig Roastr044. 1 - rk Otnt Date Approved: OTHER: Groups Copy to Maintenance: -) l4. /-2ti DAMAGE DEP: Credit Card Sent: Signatt Approval will be based on the items listed above.Any other requests are subject to further approval.If applicable,health permits are required by law for concessions and catering.Please make arrangements to obtain permits.McHenry County Department of Health:815-334-4585 I agree all alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit.I agree that none of the alcohol allowed in City of McHenry property,pursuant to this application will be sold,it being understood that the sale of alcohol under this permit issued pursuant to this application is expressly prohibited.I also understand that not complying with the rules will result in loss of deposit. I agree to hold the City of McHenry,its employees and agents harmless,and indemnify same from any and all liability of injury to person or property occurring as a result of the activity sponsored by permittee and said person shall be liable to the City of McHenry for any and all damage to parks, recreation facilities and equipment owned by same,which results from or during the activity of permittee or is caused by participant in said activity.All persons agree to comply with the City of McHenry Municipal Code and all Parks&Recreation regulations.I have read and fully understand the McHenry Recreation Center Rental and/or Shelter Guidelines. Signature: r w v CLCC ""Date: I CO 1Z0 Z 0 City of McHenry Council Meeting Minutes v w 6.15.20 McHenr MINUTES REGULAR CITY COUNCIL MEETING Monday, June 15, 2020, 7:00 p.m. The City Council met remotely via Zoom due to the COVID-19 pandemic per P.A. 100-0640 SB 2135). 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 Call to Order: The City Council of the City of McHenry, Illinois, met in regular session on Monday, June 15, 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. Public Comments: None 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)- This item was pulled separately by Alderman Glab. Alderman Glab had some questions regarding Consent Agenda Item (A), regarding the wording of it. Attorney McArdle stated that this is not something that can be changed tonight in regards to verbiage the changes in language are legal and could be added or changed for review at the next meeting. Alderman Schaefer spoke in regards to some of the discussion that was brought up by Alderman Glab, supported the knowledge that this can be a greater topic than this consent item and should could be discussed at another meeting. Director of Economic Development Martin explained that the adoption of fair house ordinance, therefore needs to be passed at this meeting. The Illinois Human Rights Act was brought up by Alderwoman Miller and was explained a bit. This consent item is needed in order to move forward to apply for grants, according to Mayor Jett. Also noted that this can be passed and readdressed for another meeting here in the future. 1 A motion was made by Alderman Santi and seconded by Alderman Devine 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. Consent Agenda: Motion to Approve the Following Consent Agenda Items: B-E 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. A motion was made by Alderman Schaefer and seconded by Alderwoman Miller 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 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) No public comments. A motion was made by Alderman Santi and seconded by Alderman Devine to approve Individual Agenda items as presented. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 1- abstained: Alderman Schaefer. Motion carried. 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) The same amount of machines will occupy the tap, which was a question that was brought up by Alderman Santi, also the same company will be in ownership. A motion was made by Alderman Santi and seconded by Alderman Glab to approve Individual Agenda items as presented. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 1- abstained: Alderman Schaefer. Motion carried. C. Motion to approve an Intergovernmental Agreement for Orchard Beach Road. (Director Strange, Attorney McArdle) 4 Director Strange presented this item giving direction to move forward with IGA, $44,000.00 would be the cost. The improvements built by the township and will be maintained them forever per Attorney McArdle, if annexed the city will take over. Associations contributing $25,000.00 Alderman Glab nothing that shows it's a dedicated road, or the other side of the right away, therefore it was never annexed, had several questions. Jim Condon explained the opinions of this motion, wants everyone to share in this agreement. Alderman Schaefer wanted to know if the sections will get any wider, 18ft roadway with 2ft shoulders, per Mr. Condon. This discussion went on for some time, Alderman Glab had strong comments regarding this item. President of Orchard Beach Home Owner's Association Mr. Paul Dreiske spoke regarding the history or Orchard Beach, he was very positive responses also talked about the work that residents put the time to help with the up keep of the roads. Many on the council expressed their opinions regarding this, during these times. The corona virus has delayed this project per McHenry Township Commissioner, Mr. Condon. No public A motion was made by Alderman Schaefer and seconded by Alderwoman Miller to approve Individual Agenda items as presented. Roll Call: Vote: 2-ayes: Alderman Schaefer, Alderwoman Miller. 5-nays Alderman Santi, Alderman Glab, Alderman Harding, Alderman Mihevc, Alderman Devine, 0-abstained. Motion carried. Discussion Items: A. Water and Sewer Rates (Director Lynch - Supplement) Presented in regards to talk about the rates again due, and what to do regarding the Covid-19 shutdown. Alderman Schaefer gets complaints about the water charges, wanted to know what the percentage of rates have gone up over the history of the years. Administrator Morefield can help distinguish the changes within the increase of water and sewer rates over the years. Alderwoman Miller stated that her neighborhood Jan-March and March to May- has gone up but most of it is increased because of everyone being home more. There may be push back because consumption is up and then a charge will be showed with the bill. It could be deferred for a year, per Administrator Morefield or it can be changed to a different cycle to see what impact that has happened due to the shutdown. Alderman Devine wants to revisit this due to the community struggling. Alderman Santi wanted to know if we could hold off until fall. Alderman Harding push off for a while, several others agreed. This will be brought back to council per Mayor Jett, and a public notice can be distributed. B. Annexation of Unincorporated Parcels (Director Martin - Supplement) Director Martin, explained this discussion item, there was a map that the council was able to view during this discussion. Director Martin explained that many are located right in the middle of the city. Many of the positive points regarding annexation were touched about during this. Main disadvantages were explained as well. Wanted direction from the council. A map was shared with the council. Will be brought back for next meeting per Mayor Jett. D. Mayoral Authority During Local State of Emergency (Council — No Supplement) Talked about thanking the council for supporting himself Mayor, regarding helping the businesses. The micro loan has been successful, to help the businesses. Wants everyone to be a team during this. If there are complaints Mayor Jett would like to hear about it. Much of it has been positive. Alderman Glab disputed some of the wording. Every business has signed off a waiver regarding using the city tables in the barricade. Chief Birk stated that most 4 businesses were compliant to the rules. The declaration will help us be eligible for the FEMA money once it is open. The only council that has only missed for one city council meeting, then went online for the meetings. Alderman Santi wanted to know if we could continue the outside seating through the early fall, it will be maintained per Chief Birk, until the weather getsinclement. Staff Reports: Director of Parks and Recreation Hobson stated that the rec center opened June 8th max 25 fitness center and zoom classes also outside classes. Boat rental has been moved back to mid-July. The orange donut boat stated that it was sold exploring other options. Administrator Morefield discussed the phasing from COVID- Phase 4, regarding gaming the machines will be able to be turned back on for gaming there will be restrictions there will be a variety of options. Guidelines will have to be followed from the establishment and submitted to the gaming board in order to turn it back on. Many of the establishments have been notified but it has also been sent out again. Director of Parks and Recreation Hobson stated that he talked to the firework supplier decisions need to be made regarding to dates and how much we wanted to spend on the fireworks. Also a location that will be a place where the fireworks could be set off that is not public. Streaming live and doing a west side of town for all to see instead of gathering. The 4th of July sounds like the date. Mayor's Report: Thank you for the continued support within town. City Council Comments: Planning and zoning meeting on the 17t per Alderman Santi, important item reminder. Alderman Glab had questions regarding the elections for the future. The fire in the globes may happened a weekend a month, mostly in the fall. Executive Session if Needed: none Adjourn: A motion was made Alderwoman Santi and seconded by Alderwoman Miller to adjourn the meeting at 9:36 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 X Mayor Wayne Jett City Clerk Trisha Ramel 4 Expense Approval Register McHenry, IL List of Bills Council Meeting - 7-20-2020 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: BACON, MARION BACON, MARION 267350 07/20/2020 PGM CXL 100-41-3636 67,00 Vendor BACON, MARION Total: 67.06 Vendor: BAKER & SON CO, PETER BAKER &SON CO, PETER 29581 07/13/2020 UTILITY HMA SURF 510-35-6110 139,84 BAKER &SON CO, PETER 29581 07/13/2020 UTILITY HMA SURF 510-35-6110 70.84 BAKER &SON CO, PETER 29432 07/20/2020 ASPHALT 100-33-6110 583,38 BAKER & SON CO, PETER 29581 A 07/20/2020 ASPHALT 100-33-6110 1,937.98 BAKER&SON CO, PETER 29712 07/20/2020 ASPHALT 100-33-6110 1,357.92 Vendor BAKER & SON CO, PETER Totai: 40089,96 Vendor: BANTNER, JENNIFER BANTNER, JENNIFER 268284 07/20/2020 NEW START DATE POOL PGM 100-41-3634 20.00 Vendor BANTNER, JENNIFER Total: 20,00 Vendor: BAXTER & WOODMAN BAXTER & WOODMAN 190081,60 07/20/2020 CURRAN RD S-CURE CS 270-00-8600 11005,42 BAXTER & WOODMAN 190280.60 07/20/2020 WATER MAIN EXTCONST ENG 510-35-5110 417.77 Vendor BAXTER & WOODMAN Total: 1,423.19 Vendor: BIALCZAK, DAVINA BIALC7AK, DAVINA 266121 07/20/2020 PGM CXL 100-41-3636 46,00 Vendor BIALCZAK, DAVINA Total: 46M Vendor: BIERMAN, JUDY BIERMAN,JUDY 267351 07/20/2020 TRIP CXL 100-41-3636 80.00 Vendor BIERMAN, JUDY Total: 80,00 Vendor: BOLAND, KIM BOLAND, KIM 268285 07/20/2020 ROSTER CHANGE 100-41-3634 42,50 Vendor BOLAND, KIM Total: 42,50 Vendor: BOONE CREEK CROSSING, LLC BOONE CREEK CROSSING, LLC INV0010209 07/20/2020 2017, 20181 1/2 2019 TIF 290-00-6940 12,809.21 Vendor BOONE CREEK CROSSING, LLC Total: 12,809,21 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 5507873137.001 07/20/2020 PER CL 100-01-8200 620.93 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 620,93 Vendor: DAVIS, NICOLE DAVIS, NICOLE 268281 07/20/2020 CXL PGM 100-41-3637 120,00 Vendor DAVIS, NICOLE Total: 120,00 Vendor: EDER CASELLA & CO EDER CASELLA &CO 36046 07/20/2020 PROGRESS BILL FOR 4/30/2020 230-00-5110 25,000.00 Vendor EDER CASELLA & CO Total: 25,000.00 Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP ED'S AUTOMOTIVE/JIM'S 21856/30/20 07/20/2020 INSP 100-33-5370 344,50 ED'S AUTOMOTIVE/JIM'S INV0010209 07/20/2020 VEHINSP 510-35-5370 44,50 Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total: 389,00 Vendor: FI-FOIL COMPANY FI-FOILCOMPANY INV0010210 07/20/2020 RF SHIELD 100-01-8200 135.30 Vendor FI-FOIL COMPANY Total: 135,30 Vendor: HRGREEN HRGREEN 135839 07/13/2020 RET PEAS DIST IS 740-00-5220 1,850.00 HRGREEN 135830 07/20/2020 RET PERS DIST 156 740-00-5220 2,115.00 HRGREEN 135841 07/20/2020 RET PERS CUNAT 740-00-5220 995,00 Vendor HRGREEN Total: 4,960.00 7/15/2020 12:01:55 PM Expense Approval Register Packet: APPKT01868 - 7-20-2020 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: KM CONSTRUCTION KM CONSTRUCTION P20-05-017 07/20/2020 CXL PERMIT REFUND 100-00-3410 50.00 Vendor KM CONSTRUCTION Total: 50,00 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER INV0010211 07/20/2020 JUNE REC FEES 100-01-6940 43.00 MCHENRY COUNTY RECORDER INV0010212 07/20/2020 REC FEES TUNE 2020 510-31-6940 258.00 MCHENRY COUNTY RECORDER INV0010212 07/20/2020 REC FEES JUNE 2020 510-32-6940 344,00 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 645,00 Vendor: MENDYK, KATHLEEN MENDYK, KATHLEEN 267354 07/20/2020 PGM TRIP CXL 100-41-3636 72.00 Vendor MENDYK, KATHLEEN Total: 72,00 Vendor: MENDYK, LAURA MENDYK, LAURA 267355 07/20/2020 PGM TRIP CXL 100-41-3636 67,00 Vendor MENDYK, LAURA Total: 67,00 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 94339 07/20/2020 WATER BILLS 100-04-5330 1,603.60 Vendor MINUTEMAN PRESS OF MCH Total: 1,603.60 Vendor: OTTOSEN DINOLFO HASENDALG & CASTALDO, LTD 0170SEN DINOLFO 127337 07/20/2020 LABOR 100-01-5230 360,00 Vendor OTTOSEN DINOLFO HASENDALG & CASTALDO, LTD Total: 360,00 Vendor: PAGELS, NIKKI PAGELS, NIKKI 268321 07/20/2020 NEW START DATE 100-41-3634 62.00 Vendor PAGELS, NIKKI Total: 62,00 Vendor: PITNEY BOWES INC PITNEY BOWES INC 1015778798 07/20/2020 POSTAGE METER RENTAL 100-04-5310 261,00 Vendor PITNEY BOWES INC Total: 261,00 Vendor: PRAIRIELAND DISPOSLA PRAIRIELAND DISPOSLA 162171 07/20/2020 SPRING CLEAN UP 100-01-5110 24,150,00 Vendor PRAIRIELAND DISPOSLA Total: 240150,00 Vendor: PROSHRED SECURITY PROSHRED SECURITY 990059992 07/20/2020 SHRED 100-01-5110 180,00 Vendor PROSHRED SECURITY Total: 180,00 Vendor: REINHART, KEVIN REINHART, KEVIN 268017 07/20/2020 CXL GOLF LESSONS 100-41-3637 75,00 Vendor REINHART, KEVIN Total: 75.00 Vendor: SCHMITT, LEON SCHMITT, LEON 266264 07/20/2020 PETERSEN SHELTERA RENTAL 100-41-3635 55,00 Vendor SCHMITT, LEON Total: 55,00 Vendor: SCHULTZ, LISA SCHULTZ, LISA 267384 07/20/2020 SHELTER RENTALREFUND 100-41-3636 86,00 SCHULTZ, LISA 268300 07/20/2020 WATERAEROBICS REF 100-41-3634 19.00 Vendor SCHULTZ, LISA Total: 105,00 Grand Total: 77,488*69 7/15/2020 12:01:55 PM Expense Approval Register Packet: APPKT01868 - 7-20-2020 AP CKS Fund Summary Fund Expense Amount 100 - GENERAL FUND 32,439.11 230-AUDIT EXPENSE FUND 25,000.00 270 - MOTOR FUELTAX FUND 1,005.42 290-TIF FUND 12,809.21 510 - WATER/SEWER FUND 11274,95 740- RETAINED PERSONNEL ESCROW 4,960.00 Grand Total: 77,488.69 Expense Approval Register McHenry, IL #2 List of Bills Council Meeting 7-20-2020 L Vendor Name Payable Number Post Date Description (item) Account Number Amount Vendor: A FREEDOM FLAG CO A FREEDOM FLAG CO 23247 07/20/2020 2Illinois Flags 100-03-6110 118.00 Vendor FREEDOM FLAG CO Total: 118,00 Vendor: AGSCO CORPORATION/ILLINOIS AGSCO IN45973 07/20/2020 Sandblasting glass 510-35-6110 462,00 Vendor AGSCO CORPORATION/ILLINOIS Total: 462,00 Vendor: ALEXANDER EQUIPMENT COMPANY INC ALEXANDER EQUIPMENT 166809 07/20/2020 belt 445 100-33-5370 451,95 ALEXANDER EQUIPMENT 166814 07/20/2020 belt 445 100-33-5370 451,95 Vendor ALEXANDER EQUIPMENT COMPANY INC Total: 903,90 Vendor: AQUALAB WATER TREATMENT, INC AQUALAB WATER TREATMENT, 5025 07/20/2020 WATER TREATMENT 100-03-5120 100.00 Vendor AQUALAB WATER TREATMENT, INC Total: 100,00 Vendor: ARAMARK ARAMARK 22520186 07/20/2020 Uniforms for (Pat Maher) 510-35-4510 115,84 Vendor ARAMARK Total: 115,84 Vendor: ARIES INDUSTRIES INC ARIES INDUSTRIES INC 397659 07/20/2020 Camera reel fixed 510-35-6110 720,34 ARIES INDUSTRIES INC 397902 07/20/2020 Lifting straps for the camrea 510-35-6110 49,92 Vendor ARIES INDUSTRIES INC Total: 770.26 Vendor: AXON ENTERPRISE INC AXON ENTERPRISE INC SI-1664998 07/20/2020 CAMERAS 100-22-5110 4,464,00 Vendor AXON ENTERPRISE INCTotal: 4,464.00 Vendor: BADGER METER INC BADGER METER INC 80056076 07/20/2020 Beacon Software Meter 510-31-5110 414,58 Vendor BADGER METER INC Total: 414,58 Vendor: BONNELL INDUSTRIES INC BONNELL INDUSTRIES INC 0193176-IN 07/20/2020 415 100-33-5370 1,718.01 Vendor DONNELL INDUSTRIES INC Total: 1,718.01 Vendor: BUSS FORD SALES BUSS FORD SALES 5037980 07/20/2020 427 100-33-5370 190,34 BUSS FORD SALES 5038150 07/20/2020 buckle 321 100-22-5370 108.42 BUSS FORD SALES 6065275 07/20/2020 egr431 100-33-5370 411.21 BUSS FORD SALES 6065465/1 07/20/2020 repairs 432 100-33-5370 303.58 Vendor BUSS FORD SALES Total: 10013,55 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 62899 07/20/2020 TRASH LINERS 100-03-5120 73,50 Vendor CABAY & COMPANY INC Total: 73,50 Vendor: CAREY ELECTRIC CAREY ELECTRIC 36297 07/20/2020 wtp 2 hsp 2 breaker 510-31-5110 250,00 Vendor CAREY ELECTRICTotaL 250,00 Vendor: COW GOVERNMENT INC COW GOVERNMENT INC ZIH3872 07/20/2020 BROTHER TN360 HI YLD TONER 620-00-6210 6434 Vendor COW GOVERNMENT INC Total: 64,34 Vendor: CENTURY SPRINGS CENTURYSPRINGS 2487431 07/20/2020 Lab Water 510-32-6110 27,00 CENTURYSPRINGS 2495933 07/20/2020 Lab Water 510-32-6110 27.00 CENTURYSPRINGS 2503872 07/20/2020 WATER 100-03-5120 59.98 Vendor CENTURY SPRINGS Total: 113,98 7/15/2020 12:05:44 PM Expense Approval Register Packet: APPKT01869 - 7-20-2020 RECF INVOICE Vendor Name Payable Number Post Date Description (item) Account Number Amount Vendor: CITY OF WOODSTOCK CITY OF WOODSTOCK 20210296 07/20/2020 SUBSCRIPTION - FIRSTYEAR 100-22-5110 59,16 Vendor CITY OF WOODSTOCK Total: 59,16 Vendor: COMCAST CABLE COMCASTCABLE 31367/4/2020 07/20/2020 WW Cable TV&Internet 620-00-5110 134,80 COMCASTCABLE 402917/1/2020 07/20/2020 CH Cable TV 620-00-5110 31,60 Vendor COMCAST CABLE Total: 166,40 Vendor: COMMERCIAL RECREATION SPECIALISTS COMMERCIAL RECREATION 15807 07/20/2020 Pedal Boats Seats 100-43-6110 358,00 Vendor COMMERCIAL RECREATION SPECIALISTS Total: 358,00 Vendor: CONNEY SAFETY PRODUCTS CONNEY SAFETY PRODUCTS 5876486 07/20/2020 First Aid Supplies 100-47-6110 291,05 Vendor CONNEY SAFETY PRODUCTS Total: 291,05 Vendor: CONSERV FS CONSERV FS 65099016 07/20/2020 Landscape Supplies 100-45-6110 363,80 Vendor CONSERV FS Total: 363,80 Vendor: CRITICAL TECHNOLOGY SOLUTIONS CRITICAL TECHNOLOGY 3221101 07/20/2020 Care Plus for XProtect 620-00-5110 2,704.95 Vendor CRITICAL TECHNOLOGY SOLUTIONS Total: 2,704.95 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 18839 07/20/2020 46464 Commerical Surface- 100-33-6110 64.08 CURRAN CONTRACTING 18884 07/20/2020 STS- Commercial Surface 100-33-6110 24.48 CURRAN CONTRACTING 19070 07/20/2020 STS-N70 Surface 100-33-6110 101.46 CURRAN CONTRACTING 19153 07/20/2020 Commercial Surface U41820 510-35-6110 30,26 Vendor CURRAN CONTRACTING COMPANYTotal: 220,28 Vendor: CYCLE SIREN INC. CYCLE SIREN INC. 2020-2015 07/20/2020 BATTERY PACK FOR BIKES 100-22-5370 134,10 Vendor CYCLE SIREN INC, Total: 134,10 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS 1157260 07/20/2020 Boone Lagoon -Pump Motor 510-32-5380 6,286.00 Vendor DREISILKER ELECTRIC MOTORS INC Total: 6,286.00 Vendor: EBYGRAPHICS INC EBY GRAPHICS INC 6610 07/20/2020 312 PASS REPAIR 100-22-5370 250.00 EBY GRAPHICS INC 6637 07/20/2020 321 DRIVER DOOR 1GO-22-5370 250,00 Vendor EBY GRAPHICS INC Total: 500,00 Vendor: ED'S RENTAL & SALES INC ED'S RENTAL& SALES INC 295457-1 07/20/2020 Equipment Rental 100-45-6110 390,00 Vendor ED'S RENTAL & SALES INC Total: 390,00 Vendor: EJ USA INC EJ USA INC 110200044934 07/20/2020 Valve box risers 510-35-6110 874,70 EJ USA INC 110200046325 07/20/2020 Hydrants 510-35-6110 6,623.55 Vendor EJ USA INC Total: 7,498.25 Vendor: FIRE HOSE DIRECT FIRE HOSE DIRECT 145737 07/20/2020 1,5" Fire Hose 510-32-6110 733.35 Vendor FIRE HOSE DIRECTTotal: 733,35 Vendor: FOX WATERWAY AGENCY FOX WATERWAY AGENCY 0000497-IN 07/20/2020 Landscape Supplies 100-45-6110 90.00 Vendor FOX WATER WAY AGENCY Total: 90,00 Vendor: GALLS LLC GALLS LLC 015814013 07/20/2020 UNIFORM ORDER- CAREY 100-22-4510 55,43 GALLS LLC 015832092 07/20/2020 UNIFORM ORDER -VOELKER 100-22-4510 37,85 GALLS LLC 015852892 07/20/2020 UNIFORM ORDER -ZUMWALT 100-22-4510 39.65 GALLS LLC 015886462 07/20/2020 UNIFORM ORDER - VOELKER 100-22-4510 11.32 GALLS LLC 015899539 07/20/2020 UNIFORM ORDER- VARVIL 100-22-4510 86.52 GALLS LLC 015899611 07/20/2020 Uniform -Jeff Foerster 620-00-4510 178,57 GALLS LLC 015928702 07/20/2020 UNIFORM ORDER -AALTO 100-22-4510 342,54 7/15/2020 12;05:44 PM Expense Approval Register Packet: APPKT01869 - 7-20-2020 RECF INVOICE Vendor Name Payable Number Post Date Description (item) Account Number Amount GALLS LLC 015928703 07/20/2020 UNIFORM ORDER - BARROWS 100-23-4510 231.37 GALLS LLC 015940114 07/20/2020 UNIFORM ORDER -AALTO 100-22-4510 169.35 GALLS LLC 015957291 07/20/2020 Uniform - Emily Dullum 620-00-4510 85,10 GALLS LLC 015958102 07/20/2020 UNIFORM ORDER -CRUZ 100-22-4510 89.40 GALLS LLC 100224510 07/20/2020 UNIFORM ORDER -CRUZ 100-22-4510 144.99 Vendor GALLS LLC Total: 10471,09 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 551480 07/20/2020 Pool Supplies DE, Test Kit, 100-42-6110 1,222.72 HALOGEN SUPPLY COMPANY 552401 07/20/2020 Leaf for DE Filter 100-42-6110 427.48 Vendor HALOGEN SUPPLY COMPANY Total: 1,650.20 Vendor: HARM'S FARM HARM'S FARM 278310 07/20/2020 Landscape Supplies 100-45-6110 35,94 Vendor HARM'S FARM Total: 35.94 Vendor: HAWKINS INC HAWKINS INC 4743305 07/20/2020 Chemical Delivery 510-32-6110 41687,85 Vendor HAWKINS INC Total: 4,687.85 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC HEARTLAND BUSINESS 383640-H 07/20/2020 MSP Support - Hour Block 620-00-5110 56,25 Vendor HEARTLAND BUSINESS SYSTEMS, LLCTotah 56,25 Vendor: HERITAGE TITLE COMPANY HERITAGE TITLE COMPANY 124085 07/20/2020 CORRESPONDENCE 100-03-5110 750,00 HERITAGE TITLE COMPANY 124086 07/20/2020 CORRESPONDENCE 100-03-5110 750.00 Vendor HERITAGE TITLE COMPANY Total: 1,500.00 Vendor: HRGREEN HRGREEN 134923 07/20/2020 Well RAW Water Rehab- 510-31-5110 10480.00 Vendor HRGREEN Total: 1,480.00 Vendor: IMPRESSIVE IMAGES IMPRESSIVE IMAGES 6754 07/20/2020 Uniform Allowance- 510-35-4510 47,50 Vendor IMPRESSIVE IMAGES Total: 47,50 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3019711765 07/20/2020 402 100-33-5370 945,70 Vendor INTERSTATE BILLING SERVICE INCTotah 945,70 Vendor: JENSEN, TED JENSEN,TED 03673 07/20/2020 8" Check Valve Bushings 510-32-6110 215,00 Vendor JENSEN, TEDTotal: 215.00 Vendor: DIMS MCHENRY AUTO BODY JIMS MCHENRY AUTO BODY 8510 07/20/2020 317 HOOD REPAIR 100-22-5370 346,00 Vendor JIMS MCHENRY AUTO BODY Total: 346.00 Vendor: KANTOR, GARY KANTOR, GARY 8/4/2020 07/20/2020 Camp - Magic Workshop 100-46-5110 325,00 Vendor KANTOR, GARY Total: 325,00 Vendor: KIMBALLMIDWEST KIMBALLMIDWEST 8033820 07/20/2020 stock 100-33-5370 364,51 KIMBALLMIDWEST 8043912 07/20/2020 stock 510-32-5370 154.34 KIMBALLMIDWEST 8052198 07/20/2020 stock 51G-31-5370 165.11 Vendor KIMBALL MIDWEST Total: 683,96 Vendor: KIWANIS CLUB OF MCHENRY KIWANIS CLUB OF MCHENRY 10036 07/20/2020 Klwanis - Dues 100-46-6110 150.00 Vendor KIWANIS CLUB OF MCHENRY Total: 150.00 Vendor: KNOWBE4 KN0WBE4 INV95954 07/15/2020 PhishER Subscription 620-00-5110 665,43 Vendor KN0WBE4 Total: 665,43 Vendor: LAI LTD LAI LTD 20-17491 07/20/2020 Replacement 8" Check Valve 510-32-6110 414,63 Vendor LAI LTD Total: 414.63 7/15/2020 12:05:44 PM Expense Approval Register Vendor Name Payable Number Post Date Vendor: FANG AUTO GROUP, GARY LANG AUTO GROUP, GARY 721-082 07/20/2020 Vendor: LIFEGUARD STORE INC, THE LIFEGUARD STORE INC, THE INV363736 07/20/2020 LIFEGUARD STORE INC, THE INV372194 07/20/2020 Vendor; LORCHEM TECHNOLOGIES INC LORCHEM TECHNOLOGIES INC 71868 07/20/2020 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC P04911 07/20/2020 Vendor: MCHENRY POW ER EQUIPMENT INC MCHENRY POWER EQUIPMENT 385646 07/20/2020 MCHENRY POWER EQUIPMENT 387043 07/20/2020 Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC MENDEZ LANDSCAPING & 8373 07/20/2020 MENDEZ LANDSCAPING& 8473 07/20/2020 MENDEZ LANDSCAPING& 8550 07/20/2020 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 230191W 07/20/2020 MID AMERICAN WATER OF 230423W 07/20/2020 MID AMERICAN WATER OF 230666W 07/20/2020 Vendor: MIDCO MIDCO 345700 07/20/2020 MIDCO 345701 07/20/2020 Vendor: MIDIAND STANDARD ENGINEERING &TESTING, INC MIDLAND STANDARD 140115 07J20/2020 Vendor: MIDW EST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS 202716 07/20/2020 Vendor: MIDWEST METER INC MIDWEST METER INC 0122389-IN 07/20/2020 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 94234 07J20/2020 MINUTEMAN PRESS OF MCH 94257 07/20/2020 MINUTEMAN PRESS OF MCH 94261 07/20/2020 MINUTEMAN PRESS OF MCH 94286 07/20/2020 MINUTEMAN PRESS OF MCH 94297 07/20/2020 MINUTEMAN PRESS OF MCH 94308 07/20/2020 Vendor: MOTOROLA MOTOROLA 5051020200601 07/20/2020 Vendor: MULCH CENTER, THE MULCH CENTER, THE 141458 07/20/2020 Packet: APPKT01869 - 7-20-2020 RECF INVOICE Description (Item) Account Number Amount TINTING VEHICLES 500-22-5370 600.00 Vendor LANG AUTO GROUP, GARY Total: 600,00 Ladder Bumbers, Guard Tower, 100-43-6110 11770,00 Men's Swim Trunks Guards 100-42-6110 88,50 Vendor LIFEGUARD STORE INC, THE Total: 1,858.50 power washer gun 100-33-6115 244.32 Vendor LORCHEM TECHNOLOGIES INCTotal: 244,32 448 100-33-5370 580.00 Vendor MCCANN INDUSTRIES INC Total: 580,00 wed whip parts 100-45-5370 44,42 back pack blower parts 100-45-5370 57,49 Vendor MCHENRY POWER EQUIPMENT INCTotal: 101,91 Riverwalk Maintenace 100-45-5110 200,00 Riverwalk Maintenace 100-45-5110 200,00 Riverwalk Maintenance 100-45-5110 200,00 Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Total: 600,00 Repairclamps 510-35-6110 376,55 Ads pipe 100-33-6110 369,00 B-BOX 510-35-6110 680.00 Vendor MID AMERICAN WATER OF WAUCONDA INCTotal: 1,425.55 Midco/ Mitel Maintenance 620-00-5110 61737,00 Midco/ Mitel Maintenance 620-00-5110 21247,50 Vendor MIDCO Total: 8,984.50 2020 Road Program - Cores 100-30-5110 21300,00 Vendor MIDLAND STANDARD ENGINEERING & TESTING, INCTotal; 2,300.00 pressure washer 100-33-6115 19.99 Vendor MIDW EST HOSE AND FITTINGS INC Total: 19,99 meters 510-31-6110 757.75 Vendor MIDWEST METER INCTotal: 757.75 Notary stamp Ryan Miller 100-22-6110 32,00 business cards 100-06-5330 122,00 Pool& Beach Sign 100-42-6110 664.54 Business Cards 400-OG-6110 61,50 Parks Supplies 100-45-6110 215.00 Yard Signs 100-47-6110 109,00 Vendor MINUTEMAN PRESS OF MCH Total: 1,204.04 STARCOM21 MONTHLY 100-22-5320 21487,00 Vendor MOTOROLA Total: 21487,00 Landscape Supplies 100-45-6110 80,00 Vendor MULCH CENTER, THE Total: 80,00 7(SS/2020 12:05:44 PM Expense Approval Register Packet: APPKT01869 - 7-20-2020 RECF INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: NCL OF WISCONSIN INC NCLOF WISCONSIN INC 440690 07/20/2020 Lab Supplies 510-32-6110 11181,26 Vendor NO. OF WISCONSIN INCTotal: 1,181,26 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 17467992 07/20/2020 Electrical Supplies 100-45-6110 329.78 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 329,78 Vendor: NORTHWESTERN MEDICINE OCC HEALTH NORTHWESTERN MEDICINE 407235 07/20/2020 McMahon, Ruzicka (Randoms) 100-05-5110 130.00 NORTHWESTERN MEDICINE 500067 07/20/2020 Leisten, Mace (Randoms) 100-05-5110 120,00 Vendor NORTHWESTERN MEDICINE OCC HEALTH Total: 250,00 Vendor: PATTEN INDUSTRIES INC PATTEN INDUSTRIES INC PM600290740 07/20/2020 Fuel Tank Leak Sensor-Doolin 510-32-5380 171.15 Vendor PATTEN INDUSTRIES INC Total: 171,15 Vendor: PDC LABORATORIES INC PDC LABORATORIES INC 19422113 07/20/2020 Sand Analysis 510-32-6110 451.00 PDC LABORATORIES INC 19422114 07/20/2020 Total Nitrogen Sample 510-32-6110 60,00 PDC LABORATORIES INC 19422115 07/20/2020 Total Nitrogen Sample 510-32-6110 60.00 PDC LABORATORIES INC 19422116 07/20/2020 Stormwater Samples 510-32-6110 700.65 PDC LABORATORIES INC 19422117 07/20/2020 Total Nitrogen Sample 510-32-6110 60,00 PDC LABORATORIES INC 19422118 07/20/2020 Total Nitrogen sample 510-32-6110 60,00 PDC LABORATORIES INC 19422119 07/20/2020 June samples/ucmr4 510-31-6110 31175,00 Vendor PDC LABORATORIES INC Total: 40566,65 Vendor: PETROCHOICE LLC PETROCHOICE LLC 11184871 07/20/2020 Fuel: fl11184871 300-45-6250 105.10 PETROCHOICE LLC 11295221 07/20/2020 Fuel -LI Y-11295221 510-35-6250 78,77 PETROCHOICE LLC 11300882 07/20/2020 Fuel - UTY - 11300882 510-35-6250 18.95 PETROCHOICE LLC 11313071 07/20/2020 DEF fluid 510-35-6250 154.73 PETROCHOICE LLC 11330644 07/20/2020 Fuel- UTY-11330644 510-35-6250 249.51 PETROCHOICE LLC 11330658 07/20/2020 Fuel Bill 100-03-6250 64,94 PETROCHOICE LLC 11330659 07/20/2020 Fuel - WW - 11330659 510-32-6250 225,10 PETROCHOICE LLC 11330660 07/20/2020 Fuel - WTR - 11330660 510-31-6250 99,58 PETROCHOICE LLC 11330661 07/20/2020 Fuel 11330661 100-45-6250 31830 PETROCHOICE LLC 11330662 07/20/2020 Fuel - STS - 11330662 100-33-6250 279,37 PETROCHOICE LLC 11337408 07/20/2020 Fuel - UTY - 11337408 510-35-6250 346,68 PETROCHOICE LLC 11337421 07/20/2020 FUEL BILL 100-03-6250 91,28 PETROCHOICE LLC 11337422 07/20/2020 Fuel - WW - 11337422 510-32-6250 414,51 PETROCHOICE LLC 11337423 07/20/2020 Fuel -WTR- 11337423 510-31-6250 158.27 PETROCHOICE LLC 11337424 07/20/2020 Fuel: 1111337424 100-45-6250 371,99 PETROCHOICE LLC 11337425 07/20/2020 Fuel - STS - 11337425 100-33-6250 525,35 PETROCHOICE LLC 11337426 07/20/2020 FUEL11337426 100-22-6250 1,522.59 PETROCHOICE LLC 11347671 07/20/2020 oil 100-33-6250 10904.57 PETROCHOICE LLC 11348959 07/20/2020 fuel 510-32-6250 693,44 PETROCHOICE LLC 11350566 07/20/2020 Hydraulic Oil -Belt Press& 510-32-5375 424.10 PETROCHOICE LLC 11351712 07/20/2020 Fuel - UTY - 11351712 510-35-6250 400.52 PETROCHOICE LLC 11351728 07/20/2020 Fuel - WW - 11351728 510-32-6250 397,14 PETROCHOICE LLC 11351729 07/20/2020 Fuel -WTR-11351729 510-31-6250 325.53 PETROCHOICE LLC 11351730 07/20/2020 Fuel 100-45-6250 505,63 PETROCHOICE LLC 11351731 07/20/2020 Fuel - STS - 11351731 100-33-6250 1,073.19 PETROCHOICE LLC 11351732 07/20/2020 FUEL 11351732 100-22-6250 21253,98 PETROCHOICE LLC 50258373 07/20/2020 Fuel - UTY - 50258373 510-35-6250 155.86 PETROCHOICE LLC 50258389 07/20/2020 Fuel - WW - 50258389 510-32-6250 135.36 PETROCHOICE LLC 50258390 07/20/2020 Fuel - WTR - 50258390 510-31-6250 106.42 PETROCHOICE LLC 50258392 07/20/2020 Fuel - STS - 50258392 100-33-6250 330,11 PETROCHOICE LLC 50258393 07/20/2020 FUEL 50258393 100-22-6250 11299,73 PETROCHOICE LLC 50258496 07/20/2020 Fuel - WTR - 50258496 510-31-6250 41.80 Vendor PETROCHOICE LLC Total: 15,072,40 7/15/2020 12;05:44 PM Expense Approval Register Packet: APPKT01869 - 7-20-2020 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: PROSHRED SECURITY PROSHRED SECURITY 990059317 07/20/2020 MONTHLYSHRED 100-22-5110 53,00 Vendor PROSHRED SECURITY Total: 53.00 Vendor: TONY'S FAMILY TAILOR SHOP TONY'S FAMILY TAILOR SHOP 088842 07/20/2020 UNIFORM ALTERATIONS- 100-22-4510 9,50 TONY'S FAMILY TAILOR SHOP 849351 07/20/2020 UNIFORM ALTERATIONS- 100-22-4510 39,50 TONY'S FAMILY TAILOR SHOP 849362 07/20/2020 UNIFORM ALTERATIONS- 100-22-4510 22,50 Vendor TONY'S FAMILY TAILOR SHOP Total: 70,50 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 077401 07/20/2020 MUDFLAPS 100-22-5370 159.90 ULTRASTROBE 077402 07/20/2020 REMOVE EQUIPMENT-306 100-22-5370 160,00 ULTRA STROBE 077426 07/20/2020 REMOVE RADIO -340 100-22-5370 80.00 ULTRASTROBE 077433 07/20/2020 REMOVE RADIO - TAURUS 100-22-5370 80.00 ULTRASTROBE 077440 07/20/2020 SPOTLIGHT-314 100-22-5370 908,85 ULTRASTROBE 077453 07/20/2020 FLOOR MATS-TAHOE 100-22-5370 258.95 ULTRA STROBE 077454 07/20/2020 FLOOR MATS-TAHOE 100-22-5370 258,95 ULTRA STROBE 077455 07/20/2020 FLOOR MATS -TRAVERSE 100-22-5370 266,90 ULTRASTROBE 077479 07/20/2020 SPOTLIGHT ASSEMBLY 100-22-5370 179.95 ULTRA STROBE 077483 07/20/2020 323 SPOTLIGHT 100-22-5370 91,90 ULTRA STROBE 077493 07/20/2020 REPLACE SPEAKER 317 100-22-5370 239,95 ULTRA STROBE 077580 07/20/2020 BLOWN FUSE 310 100-22-5370 25,00 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 2,71035 Vendor: USA BLUEBOOK USA BLUEBOOK 278184 07/20/2020 Float Relay -Diversified Switch 510-32-5380 650,79 Vendor USA BLUEBOOK Total: 650,79 Vendor: VALLEY VIEW CAR WASH VALLEY VIEW CAR WASH 2559 07/15/2020 EXPLORER DETAIL 100-22-5370 120.00 VALLEY VIEW CAR WASH 2560 07/20/2020 EXPLORER DETAIL 100-22-5370 120.00 VALLEY VIEW CAR WASH 2561 07/20/2020 EXPLORER DETAIL 100-22-5370 120,00 Vendor VALLEY VIEW CAR WASH Total: 360.00 Vendor: VERIZON CONNECT NWF, INC VERIZON CONNECT NWF, INC CITY392 OSV002160802 07/20/2020 GPS for Trucks (June 2020) 620-00-5110 446,94 Vendor VERIZON CONNECT NWF, INC Total: 446.94 Vendor: VERIZON WIRELESS VERIZON WIRELESS 82277/26/20 07/20/2020 Monthly Cell Phone 620-00-5320 21345,16 Vendor VERIZON WIRELESS Total: 2,345.16 Vendor: WELCH BROS INC WELCH BROS INC 3092971 07/20/2020 24' Risers and Flat tops 100-33-6110 560,00 WELCH BROS INC 3093671 07/20/2020 Removal Precast Barricades 100-33-6110 350.00 Vendor WELCH BROS INCTotah 910,00 Vendor: WORKPLACE SOLUTIONS WORKPLACE SOLUTIONS INV20388 07/20/2020 CAP Services 7/1/20-7/31/20 100-05-5110 450.42 Vendor WORKPLACE SOLUTIONS Total: 450.42 Vendor: ZOLL MEDICAL CORPORATION ZOLL MEDICAL CORPORATION 3090760 07/20/2020 AED Pads 100-41-6270 11146,72 ZOLL MEDICAL CORPORATION 3095042 07/20/2020 AED Batteries 100-41-6270 427,03 Vendor ZOLL MEDICAL CORPORATION Total: 1,573.75 Grand Total: 97,437.56 7/15/2020 12:05:44 PM Expense Approval Register Packet: APPKT01869 - 7-20-2020 RECr INVOICE Fund Summary Fund 300-GENERAL FUND 400 - RECREATION CENTER FUND 510- WATER/SEWER FUND 620 - INFORMATION TECHNOLOGY FUND Grand Total: Expense Amount 45,089,03 61,50 36,589.39 15,697.64 97,437.56 AS NEEDED CHECKS COUNCIL MEETING 7-20-2020 620 620-00-5320 AT&T 06/04/2020 354,54 620 620-00-5320 AT&T LONG DISTANCE 06/04/2020 4,32 400 400-00-6111 CABAY & COMPANY INC 04/30/2020 415.25 100 100-45-6110 CABAY & COMPANY INC 04/30/2020 579,92 400 400-00-6111 CABAY & COMPANY INC 04/30/2020 215.05 400 400-00-6111 CABAY & COMPANY INC 04/30/2020 85,75 100 100-45-6110 CABAY & COMPANY INC 04/30/2020 1523.40 400 400-00-6111 CABAY & COMPANY INC 04/30/2020 341.22 100 100-45-6110 CABAY & COMPANY INC 04/30/2020 128,52 100 100-33-6110 CURRAN CONTRACTING COMPANY 04/30/2020 69.42 100 100-33-5370 ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP 04/30/2020 180,00 510 510-32-5370 ED'S AUTO MOTIVE/JIM'S MUFFLER SHOP 04/30/2020 89.00 510 510-35-5370 ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP 04/30/2020 150,00 100 100-01-8200 FGM ARCHITECTS 04/30/2020 3280,00 510 510-31-5110 KIRCHNER, INC 04/30/2020 73.30 200 200-00-5110 MCHENRY COUNTY CONVENTION & 04/30/2020 12000,00 100 100-03-6110 MINUTEMAN PRESS OF MCH 04/30/2020 61.00 100 100-04-5330 MINUTEMAN PRESS OF MCH 04/30/2020 1443,92 620 620-00-5110 POWER DIMS INC 06/04/2020 3581.00 100 100-22-5110 PURO CLEAN 04/30/2020 250,00 100 100-22-5110 PURO CLEAN 04/30/2020 250,00 100 100-46-6920 S&S WORLDWIDE INC 04/30/2020 121.79 620 620-00-5110 TECHNOLOGY MANAGEMENT REV FUND 06/04/2020 10,00 510 510-32-5580 WINNEBAGO LANDFILL CO 04/30/2020 2863.30 510 610-31-5110 J F BRENNAN CO INC 04/30/2020 6300,00 440 440-00-8800 SHORE WERKS 06/08/2020 19800,00 100 100-01-6940 BANKCARD PROCESSING CENTER 06/12/2020 638.17 100 100-03-5410 BANKCARD PROCESSING CENTER 06/12/2020 153,38 100 100-03-5430 BANKCARD PROCESSING CENTER 06/12/2020 125.00 100 100-06-5330 BANKCARD PROCESSING CENTER 06/12/2020 50.00 100 100-06-5430 BANKCARD PROCESSING CENTER 06/12/2020 28,00 100 100-22-6210 BANKCARD PROCESSING CENTER 06/12/2020 225.00 100 100-23-5430 BANKCARD PROCESSING CENTER 06/12/2020 814,00 400 400-00-5321 BANKCARD PROCESSING CENTER 06/12/2020 314,98 400 400-40-5110 BANKCARD PROCESSING CENTER 06/12/2020 529.00 100 100-03-6110 BERKHEIMER CO INC, G W 04/30/2020 89,24 100 100-41-3637 BRAND, KRISTIN 06/12/2020 375.00 100 100-41-3637 BRAND, KRISTIN 06/12/2020 375,00 100 100-06-5110 BWB GRAPHIC & MORE 06/12/2020 161.13 400 400-00-6111 CABAY & COMPANY INC 04/30/2020 929.84 100 100-45-6110 CABAY & COMPANY INC 04/30/2020 46,34 400 400-00-6111 CABAY & COMPANY INC 04/30/2020 255.42 400 400-00-6111 CABAY & COMPANY INC 04/30/2020 713,60 760 760-00-5110 CAPITAL GAINS INCORPORATED 06/12/2020 5535.00 620 620-00-5110 COMCAST CABLE 04/30/2020 149.81 100 100-30-6270 FIRST BANKCARD 06/12/2020 53,13 100 100-41-5330 FIRST BANKCARD 06/12/2020 53,99 100 100-41-6110 FIRST BANKCARD 06/12/2020 58.68 100 100-46-6110 FIRST BANKCARD 06/12/2020 1653,26 100 100-46-5110 FIRST BANKCARD 06/12/2020 -871.70 100 100-46-6110 FIRST BANKCARD 06/12/2020 97.00 100 100-47-5110 FIRST BANKCARD 06/12/2020 240,00 100 100-47-6110 FIRST BANKCARD 06/12/2020 12.96 100 100-47-6920 FIRST BANKCARD 06/12/2020 16.16 510 510-31-6110 FIRST BANKCARD 06/12/2020 129,99 510 510-32-5380 FIRST BANKCARD 06/12/2020 234,13 510 510-35-5430 FIRST BANKCARD 06/12/2020 349,57 100 100-41-3637 FLICK, TRAVIS 06/12/2020 50,00 100 100-33-6110 FOX WATERWAY AGENCY 06/12/2020 330.00 510 510-35-6110 FOX WATERWAY AGENCY 06/12/2020 320,00 100 100-41-3637 GORDON, SUE 06/12/2020 50.00 100 100-01-8900 HLR 04/30/2020 4018.75 100 100-03-6110 HOME DEPOT CREDIT SERVICES 06/12/2020 288,28 100 100-22-6210 HOME DEPOT CREDIT SERVICES 06/12/2020 9.64 100 100-33-6270 HOME DEPOT CREDIT SERVICES 06/12/2020 355,09 100 100-45-6110 HOME DEPOT CREDIT SERVICES 06/12/2020 198.66 400 400-00-6110 HOME DEPOT CREDIT SERVICES 06/12/2020 67,71 510 510-32-6110 HOME DEPOT CREDIT SERVICES 06/12/2020 163,91 510 510-35-6110 HOME DEPOT CREDIT SERVICES 06/12/2020 787.36 510 510-32-6110 HYDRO INTERNATIONAL (WASTEWATER) 04/30/2020 6508,37 100 100-01-5110 ILLINOIS STATE POLICE 04/30/2020 28.25 100 100-03-5110 ILLINOIS STATE POLICE 04/30/2020 28,25 100 100-05-5110 ILLINOIS STATE POLICE 04/30/2020 197.75 100 100-30-5110 ILLINOIS STATE POLICE 04/30/2020 84,75 100 100-41-6110 ILLINOIS STATE POLICE 04/30/2020 226,00 100 100-45-5110 ILLINOIS STATE POLICE 04/30/2020 113.00 400 400-00-5110 ILLINOIS STATE POLICE 04/30/2020 678.00 510 510-35-5110 ILLINOIS STATE POLICE 04/30/2020 28.25 620 620-00-5110 IN TIME SERVICES INC 04/30/2020 8220,00 100 100-46-5110 MAGIC OF GARY KANTOR 06/12/2020 400.00 100 100-01-6940 MCHENRY COUNTY RECORDER OF DEEDS 04/30/2020 79,00 610 610-00-5950 MCMRMA 06/12/2020 421395,00 100 100-33-5370 MITCHELL1 04/30/2020 3120.00 100 100-41-3637 ONOPA, JOHN 06/12/2020 50,00 100 100-45-6110 RUSSO POWER EQUIPMENT 04/30/2020 404,34 100 100-45-6110 RUSSO POWER EQUIPMENT 04/30/2020 3.99 100 100-01-6940 SECRETARY OF STATE 06/12/2020 20,00 100 100-01-6940 SECRETARY OF STATE 06/12/2020 20.00 100 100-01-6940 SECRETARY OF STATE 06/12/2020 20,00 100 100-01-6940 SECRETARY OF STATE 06/12/2020 20,00 100 100-01-6940 SECRETARY OF STATE / DEPT OF POLICE 06/12/2020 151.00 100 100-41-3637 THORSEN, RYAN 06/12/2020 375,00 510 510-32-5310 UPS 06/12/2020 4.47 100 100-22-5310 UPS 06/12/2020 4,43 100 100-30-5310 UPS 06/12/2020 4,00 100 100-30-5310 UPS 06/12/2020 4.01 100 100-01-6110 ACE HARDWARE, MCHENRY 06/18/2020 48,88 100 100-03-6110 ACE HARDWARE, MCHENRY 06/18/2020 69.03 100 100-33-6110 ACE HARDWARE, MCHENRY 06/18/2020 339,11 100 100-45-6110 ACE HARDWARE, MCHENRY 06/18/2020 240,12 510 510-31-6110 ACE HARDWARE, MCHENRY 06/18/2020 62.02 510 510-32-6110 ACE HARDWARE, MCHENRY 06/18/2020 279,28 510 510-35-6110 ACE HARDWARE, MCHENRY 06/18/2020 102,67 510 510-31-4510 ARAMARK 06/18/2020 41.05 100 100-45-4510 ARAMARK 06/18/2020 150,93 100 100-45-4510 ARAMARK 06/18/2020 192,87 100 100-45-4510 ARAMARK 06/18/2020 172.84 510 510-35-5370 BUSS FORD SALES 06/18/2020 210,46 100 100-22-5370 BUSS FORD SALES 06/18/2020 99.24 280 280-41-8800 CAREY ELECTRIC 06/18/2020 12960.00 100 100-03-5110 CINTAS CORPORATION LOC 355 06/18/2020 159,66 100 100-33-4510 CINTAS CORPORATION LOC 355 06/18/2020 343,98 100 100-33-6110 CINTAS CORPORATION LOC 355 06/18/2020 316.05 510 510-32-4510 CINTAS CORPORATION LOC 355 06/18/2020 709,65 100 100-42-6110 CONNEY SAFETY PRODUCTS 06/18/2020 1272.02 100 100-01-8600 CURRAN CONTRACTING COMPANY 06/18/2020 16868.55 400 400-40-6110 DIRECT FITNESS SOLUTIONS 06/18/2020 92,86 400 400-40-6142 DIRECT FITNESS SOLUTIONS 06/18/2020 32,92 400 400-40-5375 DIRECT FITNESS SOLUTIONS 06/18/2020 14,00 510 510-35-6110 FOXCROFT MEADOWS INC 06/18/2020 158,00 280 280-41-8800 GARY ANDERSON ARCHITECTS 06/18/2020 5062.50 100 100-46-5110 GAUGHAN, ALISE 06/18/2020 135,00 100 100-22-6110 GREAT LAKES TECHNOLOGIES, LLC 06/18/2020 4800.00 100 100-22-5370 HANSEN'S ALIGNMENT, DON 06/18/2020 80,00 510 510-35-5370 HANSEN'S ALIGNMENT, DON 06/18/2020 796,66 100 100-45-5370 HANSEN'S ALIGNMENT, DON 06/18/2020 80.00 620 620-00-5110 HEARTLAND BUSINESS SYSTEMS, LLC 06/18/2020 4064,37 620 620-00-5110 HEARTLAND BUSINESS SYSTEMS, LLC 06/18/2020 4064.37 620 620-00-5110 HEARTLAND BUSINESS SYSTEMS, LLC 06/18/2020 4064,37 100 100-01-8900 HLR 06/18/2020 12867.50 610 610-00-5980 JIMS MCHENRY AUTO BODY 06/18/2020 859,45 760 760-00-5110 KLECHAK, SEAN 06/18/2020 1760,30 100 100-33-6110 LAFARGE NORTH AMERICA 06/18/2020 242.08 100 100-33-6110 LAFARGE NORTH AMERICA 06/18/2020 395,57 760 760-00-5110 LAUTERBACH & AMEN, LLP 06/18/2020 350.00 760 760-00-5110 LPL FINANCIAL 06/18/2020 11273,76 510 510-35-6110 MCCANN INDUSTRIES INC 06/18/2020 124.87 260 260-00-6970 MCHENRY COMMUNITY HIGH SCHOOL DIST 06/18/2020 30370,00 280 280-00-6970 MCHENRY COMMUNITY HIGH SCHOOL DIST 06/18/2020 102763,50 260 260-00-6970 MCHENRY COMMUNITY SCHOOL DIST #15 06/18/2020 41796.00 280 280-00-6970 MCHENRY COMMUNITY SCHOOL DIST #15 06/18/2020 190846,50 100 100-45-6110 MCHENRY POWER EQUIPMENT INC 06/18/2020 25.76 260 260-00-6980 MCHENRY PUBLIC LIBRARY 06/18/2020 2439.00 280 280-00-6980 MCHENRY PUBLIC LIBRARY 06/18/2020 24742,00 100 100-45-4510 MCHENRY SPECIALTIES 06/18/2020 36.00 260 260-00-6990 MCHENRY TOWNSHIP FIRE PROTECTION D 06/18/2020 814,00 280 280-00-6990 MCHENRY TOWNSHIP FIRE PROTECTION D 06/18/2020 18462.00 510 510-32-5375 MCMASTER-CARR SUPPLY CO 06/18/2020 99.53 510 510-32-5375 MCMASTER-CARR SUPPLY CO 06/18/2020 267,78 100 100-03-5120 MENDEZ LANDSCAPING & BRICK PAVERS IN 06/18/2020 360.00 100 100-22-5110 MIAT 06/18/2020 1000,00 100 100-22-5370 NAPA AUTO PARTS MPEC 06/18/2020 1481.60 100 100-33-5370 NAPA AUTO PARTS MPEC 06/18/2020 197.55 100 100-33-6115 NAPA AUTO PARTS MPEC 06/18/2020 395.00 100 100-45-5370 NAPA AUTO PARTS MPEC 06/18/2020 136.39 510 510-31-5370 NAPA AUTO PARTS MPEC 06/18/2020 502,55 510 510-32-5370 NAPA AUTO PARTS MPEC 06/18/2020 282.44 510 510-32-5375 NAPA AUTO PARTS MPEC 06/18/2020 134,93 510 510-32-5380 NAPA AUTO PARTS MPEC 06/18/2020 3393,74 510 510-35-5370 NAPA AUTO PARTS MPEC 06/18/2020 190.60 100 100-45-6110 NORTHWEST ELECTRICAL SUPPLY CO INC 06/18/2020 76,38 100 100-45-6110 NORTHWEST ELECTRICAL SUPPLY CO INC 06/18/2020 285,93 100 100-45-6250 PETROCHOICE LLC 06/18/2020 233.14 100 100-45-6250 PETROCHOICE LLC 06/18/2020 185,96 100 100-45-6250 PETROCHOICE LLC 06/18/2020 289,76 510 510-35-6250 PETROCHOICE LLC 06/18/2020 38.71 510 510-32-6250 PETROCHOICE LLC 06/18/2020 168,23 510 510-31-6250 PETROCHOICE LLC 06/18/2020 50,18 100 100-45-6250 PETROCHOICE LLC 06/18/2020 55.71 100 100-33-6250 PETROCHOICE LLC 06/18/2020 25.66 100 100-45-6250 PETROCHOICE LLC 06/18/2020 45,62 100 100-45-6250 PETROCHOICE LLC 06/18/2020 394,44 100 100-45-6250 PETROCHOICE LLC 06/18/2020 87,91 100 100-45-6110 PETROCHOICE LLC 06/18/2020 250,00 100 100-46-5110 PURICH, CHRISTINE 06/18/2020 300.00 100 100-45-6110 REBARS & STEEL COMPANY 06/18/2020 240,00 100 100-01-6940 SECRETARY OF STATE 06/18/2020 10,00 100 100-01-6940 SECRETARY OF STATE / DEPT OF POLICE 06/18/2020 151,00 620 620-00-5110 TKB ASSOCIATES, INC 06/18/2020 2831,00 620 620-00-5320 VERIZON WIRELESS 06/18/2020 1640.50 620 620-00-6270 VERIZON WIRELESS 06/18/2020 377,48 100 100-33-5370 WHOLESALE DIRECT INC 06/18/2020 639.44 100 100-46-6110 A -ABLE ALARM SERVICE INC 06/26/2020 19,96 100 100-33-5370 ADAMS ENTERPRISES INC, R A 06/26/2020 189,38 100 100-41-3635 ANDERSON, GARY 06/26/2020 55.00 100 100-42-5110 AQUA PURE ENTERPRISES INC 06/26/2020 4999.74 620 620-00-5320 AT&T LONG DISTANCE 06/26/2020 2.89 620 620-00-5320 AT&T LONG DISTANCE 06/26/2020 5,93 100 100-45-5370 AUTO TECH CENTERS INC 06/26/2020 188.50 100 100-45-6110 BEACON ATHLETICS 06/26/2020 386,00 510 510-32-5375 BEARING HEADQUARTERS COMPANY 06/26/2020 571.33 100 100-41-3634 BITTERMAN, JESSICA 06/26/2020 325.00 100 100-33-5370 CASEY EQUIPMENT COMPANY 06/26/2020 385,96 510 510-32-5375 CE SOLING & ASSOCIATES, LLC 06/26/2020 881.43 100 100-33-5110 CENTRAL TREE SERVICE 06/26/2020 9875,00 100 100-42-6110 CONNEY SAFETY PRODUCTS 06/26/2020 54.24 100 100-42-6110 CONNEY SAFETY PRODUCTS 06/26/2020 240,36 100 100-45-6110 CONSERV FS 06/26/2020 355,60 100 100-45-6110 CONSERV FS 06/26/2020 490.60 100 100-33-5520 CONSTELLATION NEWENERGY INC 06/26/2020 349,55 510 510-35-6110 CORE & MAIN 06/26/2020 226.00 100 100-45-6110 CRESCENT ELECTRIC SUPPLY CO 06/26/2020 117,49 510 510-32-5380 CUMMINS INC 06/26/2020 73,72 100 100-33-6110 CURRAN CONTRACTING COMPANY 06/26/2020 730.25 100 100-33-6110 CURRAN CONTRACTING COMPANY 06/26/2020 60,52 100 100-41-3634 DAVIS, NICOLE 06/2612020 315,00 100 100-45-6110 FAULK BROS CONSTRUCTION INC 06/26/2020 334.52 100 100-01-8200 FOUNDATION BUILDING MATERIALS 06/26/2020 20223,62 100 100-04-6945 GRAHAM ENTERPRISE INC 06/26/2020 13176.92 510 510-32-6110 GRAINGER 06/26/2020 210,80 100 100-42-6110 HALOGEN SUPPLY COMPANY 06/26/2020 84.05 620 620-00-8300 HEARTLAND BUSINESS SYSTEMS, LLC 06/26/2020 14206,32 510 510-32-6110 HERITAGE -CRYSTAL CLEAN LLC 06/26/2020 209,44 100 100-03-5120 HOME DEPOT PRO 06/23/2020 143.74 100 100-01-5410 I LC MA 06/26/2020 1320,00 510 510-32-5110 IN -PIPE TECHNOLOGY COMPANY INC 06/26/2020 7750.00 100 100-22-5410 I PAC 06/26/2020 100,00 510 510-35-6110 JET VAC 06/26/2020 148,96 100 100-46-5110 JUST 4 YOU TREATS 06/26/2020 400.00 510 510-32-5370 KIMBALL MIDWEST 06/26/2020 317,63 100 100-22-5370 KIMBALL MIDWEST 06/26/2020 193,36 620 620-00-5110 KNOWBE4 06/26/2020 1799.28 100 100-42-6110 LIFEGUARD STORE INC, THE 06/26/2020 79,50 100 100-46-6110 LOCKER'S FLOWERS 06/26/2020 180.00 100 100-33-6950 MARKS TREE SERVICE & SNOW PLOWING C 06/26/2020 2250.00 100 100-01-6940 MARSH USA INC 06/26/2020 20,00 100 100-45-5370 MCHENRY POWER EQUIPMENT INC 06/26/2020 10,58 100 100-45-5370 MCHENRY POWER EQUIPMENT INC 06/26/2020 86.30 100 100-45-5110 MENDEZ LANDSCAPING & BRICK PAVERS II` 06/26/2020 1100.00 100 100-45-5110 MENDEZ LANDSCAPING & BRICK PAVERS IN 06/26/2020 200,00 100 100-45-5110 MENDEZ LANDSCAPING & BRICK PAVERS IN 06/26/2020 200.00 100 100-45-5110 MENDEZ LANDSCAPING & BRICK PAVERS IN 06/26/2020 200.00 100 100-45-5110 MENDEZ LANDSCAPING & BRICK PAVERS IN 06/26/2020 200.00 510 510-32-5380 METROPOLITAN INDUSTRIES 06/26/2020 1643.14 100 100-45-6110 MID AMERICAN WATER OF WAUCONDA INC 06/26/2020 32.50 100 100-33-6110 MID AMERICAN WATER OF WAUCONDA INC 06/26/2020 585.00 510 510-35-6110 MID AMERICAN WATER OF WAUCONDA INC 06/26/2020 450.00 510 510-32-5375 MID AMERICAN WATER OF WAUCONDA INC 06/26/2020 144.00 100 100-33-5370 MIDWEST HOSE AND FITTINGS INC 06/26/2020 264.21 100 100-04-5110 MUNICIPAL COLLECTION SERVICES INC 06/26/2020 728.21 100 100-04-5110 MUNICIPAL COLLECTION SERVICES INC 06/26/2020 188.74 100 100-04-5110 MUNICIPAL COLLECTION SERVICES INC 06/26/2020 110.70 100 100-04-5110 MUNICIPAL COLLECTION SERVICES INC 06/26/2020 642.80 510 510-32-6110 PDC LABORATORIES INC 06/26/2020 60.00 510 510-32-6110 PDC LABORATORIES INC 06/26/2020 60.00 510 510-32-6110 PDC LABORATORIES INC 06/26/2020 60.00 510 510-32-6110 PDC LABORATORIES INC 06/26/2020 60.00 510 510-32-6110 PDC LABORATORIES INC 06/26/2020 60.00 510 510-32-6110 PDC LABORATORIES INC 06/26/2020 60.00 510 510-32-6110 PDC LABORATORIES INC 06/26/2020 60.00 510 510-32-6110 PDC LABORATORIES INC 06/26/2020 60.00 510 510-31-5110 PDC LABORATORIES INC 06/26/2020 735.00 510 510-32-6110 PDC LABORATORIES INC 06/26/2020 60.00 510 510-32-6110 PDC LABORATORIES INC 06/26/2020 60.00 510 510-32-6110 PDC LABORATORIES INC 06/26/2020 60.00 510 510-32-6110 PDC LABORATORIES INC 06/26/2020 60.00 100 100-45-6250 PETROCHOICE LLC 06/26/2020 216.17 100 100-45-6250 PETROCHOICE LLC 06/26/2020 99.25 100 100-45-6250 PETROCHOICE LLC 06/26/2020 692.10 100 100-41-3635 PIERONI, JULAINE 06/26/2020 55.00 100 100-45-6110 PITEL SEPTIC INC 06/26/2020 250.00 100 100-45-5110 PLUS ONE TREE SERVICE 06/26/2020 1000,00 280 280-41-8800 RABINE PAVING 06/26/2020 24485.50 100 100-22-5110 RADAR MAN INC 06/26/2020 1000,00 100 100-45-5370 REINDERS INC 06/26/2020 143.85 100 100-45-5370 REINDERS INC 06/26/2020 348.33 100 100-45-5370 REINDERS INC 06/26/2020 413.14 510 510-35-5370 RNOW INC 06/26/2020 794.26 620 620-00-5110 SAYERS 06/26/2020 2170,00 100 100-41-3635 ST PATRICK CHURCH 06/23/2020 110.00 100 100-01-6110 SYNCB/AMAZON 06/26/2020 271.83 100 100-22-6110 SYNCB/AMAZON 06/26/2020 319.90 100 100-22-6210 SYNCB/AMAZON 06/26/2020 482.06 100 100-03-6110 SYNCB/AMAZON 06/26/2020 293.46 100 100-03-6270 SYNCB/AMAZON 06/26/2020 96.49 100 100-06-6210 SYNCB/AMAZON 06/26/2020 80.12 100 100-42-6110 SYNCB/AMAZON 06/26/2020 284.75 100 100-43-6110 SYNCB/AMAZON 06/26/2020 56.95 100 100-45-6110 SYNCB/AMAZON 06/26/2020 120.57 100 100-46-6110 SYNCB/AMAZON 06/26/2020 579.50 100 100-47-6110 SYNCB/AMAZON 06/26/2020 449.42 400 400-40-6142 SYNCB/AMAZON 06/26/2020 29.88 620 620-00-8300 SYNCB/AMAZON 06/26/2020 33.99 100 100-22-8300 ULTRA STROBE COMMUNICATIONS INC 06/26/2020 2788.98 100 100-22-5310 UPS 06/26/2020 4.37 100 100-45-5310 UPS 06/26/2020 10.16 100 100-01-5110 US BANK EQUIPMENT FINANCE 06/26/2020 598.56 510 510-32-5380 USA BLUEBOOK 06/26/2020 644.89 400 400-00-8800 WELCH BROS INC 06/26/2020 735.00 TOTAL 1162551,19 Oft., gftluppr City of McHenry 333 S Green Street Z. McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 McHenrwww.cityofmchenry.org NEAR,OI TYC.O.R,vr, AGENDA ITEM DATE: July 20, 2020 TO:City Council FROM: Mayor Jett RE:Miller's Diner Liquor License Application AGENDA ITEM SUMMARY: Kim and William Ribar, listed as owners, have submitted an application for a Class B Liquor License to open Miller's Diner at 3918 Main Street (most recently, The Way We Like It Café and Main Street Café). The Ribar's currently operate Kim & Patty's Café on Ridgeview Drive. Mayor Jett has discussed the business plan for Miller's Diner with Kim Ribar and is in support of the business and liquor license application. If the liquor license is approved, the Ribar's will also be seeking the approval of a Video Gaming License Application for the location of 5 video gaming terminals at this location. This is provided for consideration as the next agenda item. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve a Class B Liquor License to Miller's Diner located at 3918 Main Street, and if approved, the adoption of an Ordinance increasing the number of Class B Liquor Licenses from 18 to 19. 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,and fiscally responsible manner. CITY OF 44. zip MTcHenrygu a HEART OF THE fOX RIPER Application for Liquor License License Classification Application Date* 7/9/2020 License Type* A Class"D"(Special Event'license has a separate application A o B C E F License Classifications-Link to classifications list in the City Code New/Transfer* New Business Transfer of License Applicant Business Name of Business* MILLER'S DINER Name on License Name to appear on liquor license(if different than above). EMMA RIBAR INC. D/B/A MILLER'S DINER Address* 3918 Main Street Phone* 815-388-2668 Email* kimandpattyscafe@comcast.net 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 S Corp 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? commercial Business Location History Date Date on which the business opened or will open at the above Business Location 8/3/2020 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 3918 Main Street Cafe,LLC Name Address 3918 Main Street McHenry Illinois Phone Number 847-406-8961 Email hjorudd@gmail.com Location Is the location of the applicants business for which the license is sought within one hundred feet of any church, schook,hospital,funeral home,home for aged or indigent persons or for veterands and their families or anyQualifications* military or naval station? t No Yes Parking How many private property parking spaces are associated with the business location? none 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* Kim Ribar Date of Birth* Citizenship* Birth Naturalization Email* kimandpattyscafe@comcast.net Business History History* Have the applicant$ (including all 5%mhigher owners).corporation,uo.m partnership ever engaged mthe business or sale of alcoholic liquor at any other moatium No Yes BUSiO8SS H/StO[V IDfn[Dl8ti0D For a large history, documents can be uploaded in lieu uf filling out the fields Name of Person o, EMMAR|BxRINC. Business O/8/ANamo K|M &PATTY'S CAFE Address 731 RidgeVinwdr McHenry Illinois 8OU5O Business L/C8DSiD Q dF/liD Id8Dti C8tiOD ROT# Applicant's Retailer's Occupation tax(eon Registration Number 4OO8-43U8 Delinquency* Has applicant been delinquent m the payment m the Retailer's Occupational Tax(Sales n,x)r No Yes IDSUF2Dce 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 Travelers Insurance Company P.O. Box 00O317 Address Policy Number 7148B5213 Owner Insurance Company Owner Insurance Audmon Owner Policy Number Background [}U88tiUnn8/ne 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 bythem? 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 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? Felonyl 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 Kim Ribar Date of Birth Email kimandpattyscafe@comcast.net Percentage of 50 Ownership Citizenship-Owner • Birth Naturalization Name William Ribar Date of Birth Email kimandpattyscafe@comcast.net Percentage of 50 Ownership Citizenship-Owner ® Birth Naturalization File Upload Upload supporting documents,certificate of insurance,etc 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 yam .`_ Corporation c L 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* 7/9/2020 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-2, of the Municipal Code relating to liquor license classifications, shall be amended as follows: D.2. Class B (Service) License: Issuance of a Class B license shall authorize the sale of alcoholic liquor, for consumption on the premises only when served as follows. No full bar is permitted. a. Restaurant Table Service: All sales, service, and consumption conducted at tables; and b. Theatre And Entertainment Service: All sales and service conducted over a concession counter with consumption in theater and entertainment center seats; and c. Mixed Use Service: All sales and service conducted at tables or over a temporary counter and consumption within the defined area of the mixed use special event facility. The annual fee for a Class B license shall be eight hundred dollars ($800.00). No more than nineteen(19) Class B 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 20th day of July, 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 r City of McHenry w 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 c Fax: (815) 363-2119 McHenwww.cityofmchenry.org r AGENDA ITEM DATE: July 20, 2020 TO:City Council FROM: Mayor Jett RE:Miller's Diner Video Gaming License Application AGENDA ITEM SUMMARY: Based upon the approval by Council of the previous Class B Liquor License to Miller's Diner, located at 3918 Main Street, Kim and William Ribar (owners) are also seeking approval of a Video Gaming License to locate 5 video gaming terminals at this location. If approved by Council the issuance of the Video Gaming License would be subject to the execution of a Video Gaming Development Agreement regulating signage, the use of partitions, and video monitoring of the gaming. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to approve or deny a Video Gaming License to Miller's Diner located at 3918 Main Street subject to the execution of a Video Gaming Development Agreement. 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,and fiscally responsible manner. CITY OF iiimili MTcHenryjAIIIIIIPF O A HEART OF THE FOX RIVER 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 Emma Ribar Inc.d/b/a Miller's Diner Corporate Name* Business Address* 3918 MainMcHenr Street Business Phone#* 815-388-2668 Email* kimandpattyscafe@comcast.net 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 Kim Ribar Address of Operator Operator Email kimandpattyscafe@comcast.net 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 President Date* 7/9/2020 Department of Public Works Troy Strange, PE, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 McHenr www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT DATE: July 20, 2020 TO:Mayor and City Council FROM: Troy Strange, PE, Director of Public Works RE:Central Wastewater Treatment Plant Demolition Engineering Services Agreement ATT: 1. HRG Engineering Services Proposal 2. Professional Services Contract 3. Budget Amendment Ordinance AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a Professional Services Agreement for design services for the demolition of the former Central Wastewater Treatment Plant to HR Green, Inc. HRG) and to approve a Budget Amendment Ordinance in the amount of $36,990.00 from the Water and Sewer Capital Fund. BACKGROUND: Since the completion of the Wastewater Treatment Plant Consolidation project in 2018, City Staff has made efforts to market the parcel the former Central Wastewater Treatment Plant Facility sits on. Previous efforts have attempted to market the property in an "as-is" condition with the plant structures remaining on the property. However, this approach has presented some challenges as the cost of structural demolition is a great financial liability against the property. In 2012 an Illinois Department of Commerce and Economic Opportunity Grant was awarded to the City for a sanitary sewer installation project which was not completed. In 2014 a change in scope was approved for this grant which appropriated the funds for the demolition of the Central Wastewater Treatment Plant upon its abandonment. The grant was temporarily suspended in 2015 due to a lack of appropriation, but staff have maintained this grant in an active status since that time in hopes that the funding would become available upon an appropriation of funds. Recently staff have worked with Illinois DCEO staff to reactivate the grant which is for an amount of$525,000. The most recent estimate of cost for demolition was $1.3 Million, however, staff have been in discussions with potential site developers and demolition contractors in order to reduce the demolition scope to an overall cost below $1.0 Million. Staff are recommending that the local match for construction costs be paid out of the early collections which have been made to pay debt service on the State Revolving Fund Loan for the construction of the WWTP Consolidation. The demolition of this site is included in the original Facilities Plan for the Wastewater Plant and is therefore germane to the overall project. ANALYSIS: Staff requested a scope and fee from HRG for design services for the demolition of the former Central Wastewater Treatment Plant. This request was made based on the following merits: HRG are the Engineer of Record for the consolidation project and completion of this portion of the project in our opinion is a necessary portion of the project which should be completed through the original Engineer of Record. HRG have already started a portion of the preliminary engineering, have existing information on the site, and are the logical selection to bring the project to completion. HRG originally secured the grant money the project will be completed under and their background on the grant program and application will be necessary when it comes to the administration and closeout of the grant. HRG submitted a scope and fee for the proposed work based upon project criteria defined by staff and negotiations with staff. The scope and fee has been reviewed by staff and found to be acceptable. RECOMMENDATION: Therefore, if City Council concurs, it is recommended that a motion be made to approve the attached Professional Services Agreement, design services for the demolition of the former Central Wastewater Treatment Plant to HR Green, Inc. (HRG) in an amount not to exceed 36,990.00. Staff further recommends that City Council approve a Budget Amendment Ordinance in the amount of$36,990.00 from the General Fund. City of McHenry Professional Services Contract Professional Services Contract Between The City Of McHenry And HR Green, Inc. For Professional Engineering Services For: Central Wastewater Treatment Plant Demolition Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between The City of McHenry And HR Green, Inc. For Professional Engineering Services For Central Wastewater Treatment Plant Demolition TABLE OF CONTENTS Page ARTICLE 1. THE SERVICES 1 1.1 Intent 1 1.2 Services 1 1.3 Project Time 1 1.4 Term; Extensions 1 1.5 Other Contracts 1 1.6 Responsibility of Consultant to Perform 1 1.7 Financial Ability to Perform 2 ARTICLE 2. COMPENSATION AND PAYMENT 2 2.1 Pricing Schedule 2 2.2 Monthly Payment; Invoices 2 2.3 Taxes 2 2.4 Final Payment. 2 2.5 Deductions 3 2.6 Use of Deducted Funds 3 2.7 Keeping Books and Accounts 3 ARTICLE 3. PERFORMANCE OF SERVICES 3 3.1 Standard of Performance 3 3.2 Correction of Defects 3 3.3 Risk of Loss 4 3.4 Opinions of Probable Cost 4 3.5 City Responsibilities 4 3.6 Time of the Essence 5 Revised 5/22/17 City of McHenry Professional Services Contract 3.7 Suspension of Services 5 ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 5 4.1 Services Change Orders 5 4.2 Revision Notices 5 4.3 No Change in Absence of Services Change Order 5 4.4 Delays 5 ARTICLE 5. INSURANCE 6 5.1 Insurance 6 5.2 Scope of Coverage; Minimum Limits of Coverage 6 5.3 Deductibles and Self-Insured Retentions 6 5.4 Additional Requirements 6 5.5 Verification of Coverage 7 5.6 Sub-Consultants and Suppliers 8 ARTICLE 6. INDEMNIFICATION 8 6.1 Agreement to Indemnify 8 6.2 No Limit Based on Insurance 8 6.3 Withholding Payment 8 6.4 Limit on Duty to Indemnify 8 ARTICLE 7. ARBITRATION 8 7.1 Arbitration 8 ARTICLE 8. TERMINATION 9 8.1 Contract is At-Will. 9 8.2 Termination by City for Breach 9 8.3 City Remedies 9 8.4 Termination by Consultant for Breach.9 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 9 9.1 Consultant as Independent Consultant 10 9.2 Compliance with Laws; Communications with Regulators 10 9.3 Permits and Licenses 10 9.4 Safety; Hazardous Materials 10 9.5 Ownership of Data and Documents 10 9.6 Notices 10 9.7 No Waiver by City 10 9.8 No Third-Party Beneficiaries 11 Revised 5/22/17 City of McHenry Professional Services Contract 9.9 Survival of Terms 11 9.10 Assignments.11 9.11 Amendments II 9.12 Governing Law 11 9.13 Compliance with Laws, Grant Regulations 11 9.14 Representation of No Conflicts 11 9.15 No Collusion 11 Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between The City of McHenry And HR Green, Inc. For Professional Engineering Services For Central Wastewater Treatment Plant Demolition This contract(the "Contract") is dated as of July 20th,2020 (the "Effective Date") and is by and between the City of McHenry, an Illinois municipal corporation, (the "City") and HR Green, Inc. (the"Consultant"). In consideration of the mutual covenants and promises contained herein,the parties agree as follows: ARTICLE 1. THE SERVICES 1.1 Intent. It is the intent of the parties that this Contract govern the relationship of the parties. 1.2 Services. The Consultant will perform for the City the following services (the Services"): Proposed Scope of Services is identified on in attached HR GREEN Scope of Services Proposal. 13 Project Time. The Services will be performed according to the following schedule Project Schedule"): Proposed Schedule is identified on Page 3 of HR Green,Inc. "3.0 Deliverables and Schedules" section included in attached Proposal. The Services will be completed on or before November 25, 2020 (the "Completion Date"). The Completion Date shall be effective for substantial completion all design services. Bidding Services and Construction Support shall be completed after the date of substantial completion in coordination with construction of the project. 1.4 Term; Extensions. This Contract commences on the Effective Date and terminates on December 31,2020 unless terminated earlier pursuant to Article 8 of this Contract(the "Term"). All terms of this Contract, including without limitation pricing terms, are firm during the Term, unless as embodied in an amendment to this Contract in accordance with Section 9.15. The Parties may extend this Contract for two additional one-year periods (each an "Extended Term"). Pricing terms may be adjusted by written agreement at the beginning of an Extended Term. 1.5 Other Contracts. The City may enter into agreements with other consultants, pursuant to which the City may award work from time to time at the City's discretion. 1.6 Responsibility of Consultant to Perform. The Consultant must provide all personnel necessary to complete the Services.The Consultant must perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise 1- City of McHenry Professional Services Contract approved by the City in writing. All sub-consultants and supplies used by the Consultant in the performance of Services must be acceptable to, and approved in advance by, the City. The City's approval of any sub-consultant or supplier will not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services in full compliance with, and as required by or pursuant to,this Contract.All Services performed by any sub-consultant or supplier are subject to all of the provisions of this Contract in the same manner as if performed directly by the Consultant. If any sub-consultant or supplier fails to properly perform any Services undertaken by it in compliance with this Contract, then the Consultant, immediately on notice from the City, must remove that sub-consultant or supplier and undertake the Services itself or replace the sub- consultant or supplier with a sub-consultant or supplier acceptable to the City. The Consultant will have no claim for damages, for compensation in excess of the Compensation, or for delay or extension of the Project Schedule as a result of any such removal or replacement. 1.7 Financial Ability to Perform. When executing this Contract, the Consultant represents and declares that it is financially solvent, has the financial resources necessary, has sufficient experience and competence,and has the necessary capital,facilities,organization,and staff necessary to provide,perform, and complete the Services set forth in this Contract in full compliance with, and as required by or pursuant to, this Contract. ARTICLE 2. COMPENSATION AND PAYMENT 2.1 Pricing Schedule. As compensation for the performance of the Services Compensation"), the City will pay the Consultant the following amounts and in the following manner: Proposed Pricing is identified on Exhibit A of HR Green, Inc. attached Proposal. Except for the Compensation, the City will have no liability for any expenses or costs incurred by the Consultant. 2.2 Monthly Payment; Invoices. The Compensation will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, a written invoice for payment for completed work.The City may specify the specific day of the month on or before which invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary to reasonably establish the Consultant's right to payment of the Compensation stated in the invoice. In addition, each invoice must include (a) employee classifications, rates per hour, and hours worked by each classification and, if the Services are to be performed in separate phases, for each phase, (b)total amount billed in the current period and total amount billed to date and, if the Services are to be performed in separate phases, for each phase, and c) the estimated percent completion of the Services and, if the Services are to be performed in separate phases, for each phase. 23 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits,pensions, annuities,or other similar benefits.The Consultant will never have a claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees. 2- City of McHenry Professional Services Contract 2.4 Final Payment. The Services will be considered complete on the date of final written acceptance by the City of the Services or the relevant phase of the Services. Services related to a submission of the Consultant will be deemed accepted by the City if the City does not object to those Services in writing within 30 days after the submission by the Consultant of an invoice for final acceptance and payment The City will make final payment to the Consultant within 30 days after final acceptance of the Services, after deducting therefrom charges, if any, as provided in this Contract ("Final Payment"). The acceptance by the Consultant of Final Payment will operate as a full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the Final Payment. 2.5 Deductions. Notwithstanding any other provision of this Contract, the City may deduct and withhold from any payment or from Final Payment such amounts as may reasonably appear necessary to compensate the City for any loss due to (1) Services that are defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the Consultant or the City made by any of the Consultant's sub-consultants or suppliers or by other persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of the Services, the cost to the City, including without limitation reasonable attorneys' fees, of enforcing the terms of this Contract. The City will notify the Consultant in writing of the City's determination to deduct and withhold funds,which notice will state with specificity the amount of, and reason or reasons for, such deduction and withholding. 26 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits,judgments, awards, and reasonable attorneys' fees (collectively "Costs") incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 2.7 Keeping Books and Accounts.The Consultant must keep accounts,books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the Term and for a period of five years after termination of this Contract. Copies of such material must be furnished to the City at the City's request and expense. ARTICLE 3. PERFORMANCE OF SERVICES 3.1 Standard of Performance. The Consultant must perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the Chicago Metropolitan Region ("Standard of Performance"). The Consultant is fully and solely responsible for the quality, technical accuracy, completeness, and coordination of all Services. All plans and other documents furnished by the Consultant shall be endorsed and stamped with professional seals when such seals are required by law. 32 Correction of Defects.The Consultant must provide,for no additional Compensation and at no separate expense to the City, all work required to correct any defects or deficiencies in the performance of Services, regardless of whether the defect or deficiency relates to the work of the 3- City of McHenry Professional Services Contract Consultant or of the Consultant's sub-consultants or suppliers. 33 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The Consultant is responsible for any and all damages to property or persons arising from any Consultant error, omission,or negligent act and for any losses or costs to repair or remedy any work undertaken by the City based on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other provision of this Contract,the Consultant's obligations under this Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the Consultant,to indemnify, hold harmless, or reimburse the Consultant for damages, losses, or costs. 34 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the City has control over the costs of labor, materials,equipment,or services furnished by others or over competitive bidding, market or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, any opinions of probable costs provided under this Contract are considered to be estimates only, made on the basis of the Consultant's experience and qualifications, and those opinions represent the Consultant's best judgment as an experienced and qualified professional, familiar with the industry. The Consultant does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by the Consultant. 35 City Responsibilities. The City, at its sole cost and expense, will have the following responsibilities: a)To designate in writing a person with authority to act as the City's representative with respect to the Services. In the absence of a written designation,the City's representative will be the City Administrator. The City's representative will have the authority to act on behalf of the City except on matters that require approval of the City Council. b)To provide to the Consultant all criteria and information about the requirements for the Services, including, as relevant, the City's objectives and constraints, schedule, space, capacity and performance requirements, and budgetary limitations. c)To provide to the Consultant existing studies, reports, and other available data relevant to the Services. d)To arrange for access to, and make provisions for the Consultant to enter on,public and private property as reasonably required for the Services. e)To provide,as relevant,surveys describing physical characteristics,legal limitations, and utility locations for the Services and the services of other consultants when the services of other consultants are requested by the Consultant and are necessary for the performance of the Services. f) To provide structural, mechanical, chemical, air and water tests, tests for hazardous materials, and other laboratory and environmental tests, inspections, and reports required by law to be provided by the City in connection with the Services, except the extent such tests, inspections, or reports are part of the Services. g)To review reports, documents, data, and all other information presented by the Consultant as appropriate. 4- City of McHenry Professional Services Contract h)To provide approvals from all governmental authorities having jurisdiction over the Services when requested by the Consultant,except the extent such approvals are part of the Services. i) To provide, except as provided under Article 5 and Article 6 of this Contract, all accounting, insurance, and legal services as may be necessary from time to time in the judgment of the City to protect the City's interests with respect to the Services. j) To attend meetings related to the Services. k)To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Contract. 3.6 Time of the Essence. Time is of the essence for the Services and all activities with regard to the performance of the Services. 3.7 Suspension of Services.The City,at any time and for any reason,may suspend work on any or all Services by issuing a written work suspension notice to the Consultant. The Consultant must stop the performance of all Services within the scope of the suspension notice until the City directs the Consultant in writing to resume performance. ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 4.1 Services Change Orders. The City, from time to time, may issue a written order modifying or otherwise changing the scope of the Services included in a Services Change Order(a Services Change Order"). Any Services Change Order in an amount exceeding $10,000 must be approved by the City Council. The Services Change Order will be generally in the form attached to and by this reference incorporated into this Contract as Attachment A. The Consultant may request a Services Change Order based on a claimed material change to any Services performed under this Contract. A Services Change Order may include additions to and deletions from the Services and will include requested equitable increases or decreases to the Compensation. 42 Revision Notices. Within three (3) days after the date of a Services Change Order, and in any event before the Consultant begins work on any changed Services, the Consultant must notify the City in writing if the Consultant desires a revision to the Services Change Order (a Revision Notice"). The Revision Notice must clearly state the Consultant's requested revisions and the reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Services Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision Notice within the (3) -day period,then the Consultant will be deemed to have accepted the Services Change Order and the Services Change Order will be final. 43 No Change in Absence of Services Change Order. No claim for an adjustment in Compensation or Project Schedule will be made or allowed unless it is embodied in a Services Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to an adjustment in the Compensation or Project Schedule terms that has not been included, or fully included, in a Services Change Order, then the Consultant may submit to the City a written request for the issuance of, or revision of, a Services Change Order including the desired adjustment. The Consultant's request must be submitted before the Consultant proceeds with any Services for which an adjustment is desired. 5- City of McHenry Professional Services Contract 44 Delays. If a delay in providing Services results from one or more causes that could not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation for extra costs related to the delay, or both. The Consultant must notify the City in writing within 3 days after the start of the delay and again in writing within 3 days after the delay has ended (the Delay Period"). The first notice must state the cause or causes of the delay and the impact of the delay on providing Services.The second notice must state the cause or causes of the delay,the length of the day, the reasons why the delay disrupted performance of the Services and the Consultant's request, if any, for a change in Compensation or Project Schedule. If the Consultant fails to submit notices as provided in this Section 4.5,then the Consultant will be deemed to have waived any right to an adjustment in Compensation for the Services. ARTICLE 5. INSURANCE 5.1 Insurance. The Consultant must procure and maintain, for the duration of this Contract, insurance as provided in this Article 5. 52 Scope of Coverage; Minimum Limits of Coverage. a) Commercial General Liability. Insurance Services Office ("ISO"), or reasonable equivalent, Commercial General Liability occurrence form CG 0001, with the City and its officials, officers, employees, and agents named as additional insured on Insurance Service Office (ISO) Additional Insured Endorsement CG 2010(Exhibit A)or CG 2026(Exhibit B). Coverage must be at least$1,000,000 combined single limit per occurrence for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The general aggregate must be twice the required occurrence limit. Minimum General Aggregate must be no less than$2,000,000 or a project-contract specific aggregate of$1,000,000. b)Automobile Liability. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." Coverage must be at least $1,000,000 combined single limit per accident for bodily injury and property damage. c) Professional Liability. Indemnification and for injury or damage arising out of negligent acts, errors, or omissions in providing professional services, including without limitation: i)preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, designs or specifications and (ii) providing direction, instruction, supervision, inspection, or engineering services or failing to provide them, if that is the primary cause of injury or damage. Coverage must be at least$1,000,000 each claim with respect to negligent acts,errors,and omissions in connection with all professional services to be provided under this Contract. d)Workers' Compensation and Employers' Liability. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. Coverage must be at least Workers' Compensation Coverage with statutory limits and Employers' Liability limits of$500,000 per accident. 53 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City.At the option of the City,either the insurer must reduce or eliminate such deductibles or self-insured retentions with respect to the City and its officials, officers, employees, and agents or the Consultant must procure a bond guaranteeing payment of losses and related investigation, claim administration, and Consultant defense expenses. 54 Additional Requirements. The insurance policies must contain, or be endorsed to 6- City of McHenry Professional Services Contract contain, the following provisions: a)Commercial General Liability and Automobile Liability Coverage. The City and its officials, officers, employees must be covered as additional insured as respects: liability arising out of the Consultant's work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials, officers, employees, and agents. b)Primary Coverage.The insurance coverage must be primary with respect to the City and its officials,officers and employees.Any insurance or self-insurance maintained by the City and its officials, officers, employees,and agents will be excess of the Consultant's insurance and will not contribute with it. c) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. d)Umbrella Policies. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Consultant must name the City and its officials, officers and employees, as additional insured under the umbrella policy. e)Occurrence Form.All general liability coverage must be provided on an occurrence policy form. Claims-made general liability policies are not acceptable. 0 Workers' Compensation and Employers' Liability Coverage.The insurer must agree to waive all rights of subrogation against the City and its officials, officers, employees, and agents for losses arising from work performed by the Consultant. g)Professional Liability. If the policy is written on a claims-made form,the retroactive date must be equal to or preceding the effective date of this Contract. If the policy is cancelled,non- renewed, or switched to an occurrence form, then the Consultant must purchase supplemental extending reporting period coverage for a period of not less than three years after the date of substantial completion. h)All Coverage.Each insurance policy required must have the City expressly endorsed onto the policy as a Cancellation Notice Recipient. If a policy is canceled before the expiration date of that policy, then notice must be delivered to the City in accordance with the policy provisions prior to the expiration date. i) Acceptability of Insurers.Insurance must be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. 6) Waiver of Limitation. The Consultant hereby agrees to waive any limitation as to the amount of contribution recoverable against it by the City.This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution, such as Kotecki v. Cyclops Welding. Each sub-consultant also must agree to this waiver. 7- City of McHenry Professional Services Contract 55 Verification of Coverage. The Consultant must furnish the City with certificates of insurance naming the City and its officials, officers, employees, and agents as additional insured and with original endorsements affecting coverage required by this Article 5. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City or may be ISO Additional Insured Endorsements CG 2010 or CG 2026, or reasonable equivalent, and in any event must be received and approved by the City before any work commences. The City reserves the right to request a full certified copy of each insurance policy and endorsement. 5.6 Sub-Consultants and Suppliers. The Consultant must include all sub-consultants as insured under its policies or must furnish separate certificates and endorsements for each sub- consultant.All coverage for sub-consultants are subject to all of the requirements stated in this Article 5. ARTICLE 6. INDEMNIFICATION 6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant hereby agrees to indemnify and, at the City's request, defend the City and its officials, employees, agents, and representatives (collectively the "Indemnified Parties") against all injuries, deaths, loss, damages, claims, patent claims, lawsuits, liabilities, judgments, costs, and expenses, including attorney fees incurred by the City (collectively "Claims"), that may in any way accrue against the Indemnified Parties or any one of them arising in whole,or in part,or in consequence of the negligent or intentionally tortious performance of any services by the Consultant or its employees or sub- consultants or that may in any way result therefrom, except only Claims arising out of the sole legal cause of the City. In addition, Consultant hereby agrees to indemnify the City with regard to any damages, costs and expenses, including attorney fees incurred by the City for any failure by the Consultant to comply with insurance reporting provisions of any Consultant insurance policy adversely affecting coverage provided to the indemnified parties. 62 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees that any performance bond or insurance policy required by this Contract, or otherwise provided by the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified Parties or any one of them. 63 Withholding Payment.To the extent that any payment is due to the Consultant under this Contract, the City may withhold that payment to protect itself against any Indemnified Claims until all claims, suits, or judgments have been settled or discharged and evidence to that effect has been furnished to the satisfaction of the City. 6.4 Limit on Duty to Indemnify. The Consultant is not required to indemnify an Indemnified Party to the extent a Claim resulted solely from the negligence or willful misconduct of the Indemnified Party. ARTICLE 7. ARBITRATION 7.1 Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the City, at 333 N. Green St. McHenry, Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that an arbitration award by default may be entered upon the party failing 8- City of McHenry Professional Services Contract to appear or defend itself in any arbitration proceeding. In the event of any arbitration or litigation of this Contract, the non-prevailing party, as determined by the arbiter or court, shall pay all expenses incurred by the prevailing party, including, but not limited to (a) attorney's fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. ARTICLE 8. TERMINATION 8.1 Contract is At-Will. This Contract is at-will and may be terminated by the City at any time at the City's convenience, without reason or cause. If the City terminates this Contract without reason or cause, then the Consultant will be entitled to Compensation for all Service performed by the Consultant up to the date of termination. The Consultant is not entitled to any consequential damages, including without limitation for lost profit, for any Services not performed by the Consultant. 82 Termination by City for Breach. The City at any time, by written notice providing Consultant with 10 days' to cure any alleged breach hereof, may terminate this Contract of breach by the Consultant and of one or more terms of this agreement. "Breach" by the Consultant includes a) failure of the Consultant to adhere to any terms or conditions of this Contract, (b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the performance of Services so as to endanger proper performance of the Services within the Project Schedule, (d) failure of the Consultant to have or maintain adequate resources to complete any Services. 83 City Remedies. If the City terminates this Contract for Breach by the Consultant, then the City will have the right,at its election and without prejudice to any other remedies provided by law or equity,to pursue any one or more of the following remedies: a)The City may recover from the Consultant any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. b)The City may withhold any or all outstanding Compensation to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. In that event, the City will pay any excess funds to the Consultant, if any, after all of the City's costs are reimbursed or paid. If the Compensation withheld by the City is insufficient to reimburse the City for, or pay, all costs,then the City will has the right to recover directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining costs. 8.4 Termination by Consultant for Breach.The Consultant at any time,by written notice, terminate this Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or such further time as the Consultant may agree, in the Consultant's sole discretion, in response to a written notice from the City seeking additional time to cure. 9- City of McHenry Professional Services Contract ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 9.1 Consultant as Independent Consultant.For purposes of this Contract,the Consultant is an independent consultant and is not, and may not be construed or deemed to be an employee, agent, or joint venturer of the City. 9.2 Communications with Regulators. Any written communication by Consultant directly with applicable governmental regulatory agencies with regard to Services shall be copied to the City. 9.3 Permits and Licenses. The Consultant must obtain and pay for all permits and licenses, registrations, qualifications, and other governmental authorizations required by law that are associated with the Consultant's performance of Services. 9.4 Safety; Hazardous Materials. a)Protection of Health,Environment. The Consultant's personnel must be experienced and properly trained to perform the Services and must take adequate precautions to protect human health and the environment in the performance of Services. b)Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous condition relating to the Services, then the Consultant must bring that condition to the attention of the City. c)Hazardous Materials. The Consultant acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ("Hazardous Materials") at a project site or otherwise associated with Services, and the Consultant under those circumstances must take appropriate precautions to protect its employees, sub-consultants, and suppliers. 9.5 Ownership of Data and Documents. All data and information, regardless of its format, developed or obtained under this Contract(collectively "Data"),other than the Consultant's confidential information, will be and remain the sole property of the City. The Consultant must promptly deliver all Data to the City at the City's request. The Consultant is responsible for the care and protection of the Data until that delivery. The Consultant may retain one copy of the Data for the Consultant's records subject to the Consultant's continued compliance with the provisions of this Article. The City hereby indemnifies the Consultant for damages caused by the City's misuse or reuse of Data not originally intended. 9.6 Notices. Any notice or communication required by this Contract will be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail,postage prepaid, with the U.S. Postal Service and addressed as follows: If to the City: with a copy to: City Administrator Public Works Director City of McHenry Public Works Department 333 S. Green Street 1415 Industrial Drive McHenry, Illinois 60050 McHenry, Illinois 60050 10- City of McHenry Professional Services Contract If to the Consultant: with a copy to: HR Green, Inc. Attn: Chad J Pieper, PE 420 N. Front Street McHenry, IL 60050 or to such other address as the party to whom notice is to be given has furnished in writing. 9.7 No Waiver by City.No act,order, approval,acceptance,or payment by the City,nor any delay by the City in exercising any right under this Contract, will constitute or be deemed to be an acceptance of any defective,damaged,flawed,unsuitable,nonconforming,or incomplete Services or operate to waive any requirement or provision of this Contract or any remedy, power, or right of the City. 9.8 No Third-Party Beneficiaries. This Contract is for the benefit of the City and the Consultant only and there can be no valid claim made or held against the City or the Consultant by any third party to be a beneficiary under this Contract. 9.9 Survival of Terms. The following sections will survive the termination of this Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9. 9.10 Assignments. The Consultant may not assign or transfer any term, obligation, right, or other aspect of this Contract without the prior express written consent of the City. If any aspect of this Contract is assigned or transferred, then the Consultant will remain responsible to the City for the proper performance of the Consultant's obligations under this Contract.The terms and conditions of any agreement by the Consultant to assign or transfer this Contract must include terms requiring the assignee or transferee to fully comply with this Contract unless otherwise authorized in writing by the City. 9.11 Amendments. This Contract may be amended only in writing executed by the City and the Consultant. 9.12 Governing Law.The validity,construction, and performance of this Contract and all disputes between the parties arising out of or related to this Contract will be governed by the laws of the State of Illinois without regard to choice or conflict of law rules or regulations. 9.13 Compliance with Laws, Grant Regulations. All Services must be provided, performed, and completed in accordance with all applicable governmental permits, licenses,or other approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The Consultant also must comply with applicable conditions of any federal, state, or local grant received by the City with respect to this Contract. The Consultant will be solely responsible for any fines or penalties that may be imposed or incurred by a governmental agency with jurisdiction over the Services as a result of the Consultant's improper performance of, or failure to properly perform, any Services. 9.14 Representation of No Conflicts. The Consultant represents that, to the best of its knowledge, (1) no City employee or agent is financially interested, directly or indirectly, in the business of the Consultant or this Contract, (2) as of the Effective Date neither the Consultant nor any person employed by the Consultant has any interest that would conflict in any manner or degree 11- City of McHenry Professional Services Contract with the performance of the obligations under this Contract, and (3) neither the Consultant nor any person employed by or associated with the Consultant may at any time during the Term obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 9.15 No Collusion. The Consultant represents that the Consultant is not barred from contracting with a unit of state or local government as a result of(1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is properly contesting its liability for the tax or the amount of the tax or(2) a violation of either Section 33E-3 or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Contract and that this Contract is made without collusion with any other person, firm, or corporation. WHEREFORE,the City and the Consultant have caused this Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF MCHENRY By: Name:Troy Strange,PE Title:Public Works Director Date: HR Green,Inc. By: Name: Timothy J.Hartnett Title: Vice President Date: 12- City of McHenry Professional Services Contract ATTACHMENT A SERVICES CHANGE ORDER NO. In accordance with Section 4.1 of the Contract dated 20 between the City and the Consultant,the Parties agree to the following Services Change Order: 1. Change in Services: 2.Change in Project Schedule(attach schedule ifappropriate): 3. Change in Completion Date: All Services must be completed on or before: 20 4. Change in Compensation: ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED. CITY CONSULTANT City's project representative] Signature Name(Printed or Typed) 20 20 Date Date If compensation change greater than$3,500,then City Administrator signature required. 20 City Administrator Date If compensation change greater than$10,000,then City Council approval and Mayor signature required. 20 . Mayor Date 1- 1-f R HRGreen Scope of Services For City of McHenry Central Wastewater Treatment Plant Demolition Phase II Engineering Services Mr. Troy Strange, PE Director of Public Works City of McHenry 333 S. Green Street McHenry, IL. 60050 815-363-2186 Chad J. Pieper, PE Client Manager Sean Murphy, PE Project Manager HR Green, Inc 420 Front Street McHenry, IL 60050 HR Green Project No.: 200796 July 20, 2020 HRGreen.com Phone 815.385.1778 Fax 815.385.1781 Toll Free 800.728.7805 420 North Front Street.Suite 100.McHenry, Illinois 60050 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES Scope of Services City of McHenry Demolition and Restoration at CVWVfP HR Green Job No. 200769 July 20, 2020 Page 2 of 5 THIS SCOPE OF SERVICES is for the City of McHenry (hereafter"CLIENT") and HR Green, Inc. hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding— Phase II Engineering Services The CLIENT is requesting the COMPANY to provide a hazardous building materials report, plans and specifications, as necessary, to complete the demolition of the existing buildings, structures, saved surfaces, and utility disconnects for dry and wet utilities at 330 W. Waukegan Road commonly known as the Central WWTP. The CLIENT owns the subject property and wishes to demo the existing facility and create a site condition suitable for sale to a prospective developer. The CLIENT has requested the COMPANY to sub-contract with an environmental firm to perform hazardous building materials site investigation and provide appropriate reports and documentation required for demolition and disposal of the existing materials. The environmental documents will be provided to the potential bidders with the COMPANY's bid documents. The reports will include an Asbestos Building Inspection report, Lead-Based Paint Inspection report, and Hazardous Building Materials/Universal Wastes Inspection report COMPANY will provide the CLIENT with a bid documents, EOPC, environmental assessment documents, and tentative schedules. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: 2.1 Engineering/Bidding Services A. Initial Site Visit and Data Gathering a. The site will be visited to observe items that need removal, location of existing utilities that will be removed and/or abandoned, and to gather any measurements needed for providing quantities to complete the project. Existing CWWTP plans, provided by CLIENT, will be the primary source of information for determining locations and dimensions of existing infrastructure components. B. Plans and Exhibits a. Provide a Demolition/Utility Removal/Abandonment Plan. This will indicate what items are being removed from the site. It will show the location and preferred method for removing and abandoning the wet and dry utilities on site. b. Provide a Proposed Grading and Restoration Plan. This will show the grading condition the site is to be left in at the end of the project. It will show the methods and materials preferred for restoration of the site. Scope of Services City of McHenry Demolition and Restoration at CVVVVfP HR Green Job No. 200769 July 20, 2020 Page 3 of 5 c. Provide Technical and Erosion Control Details. Plan will contain standard erosion control details and notes, as well as details for removal/abandonment of public sanitary and water service disconnections. C. Utility Coordination a. COMPANY will coordinate with the dry utility companies to locate the existing utilities on site and develop a plan for removal or abandonment of said utilities. D. Project Specifications a. Develop project specifications for the demolition/abandonment of the existing structures, demolition of the existing paved surfaces, removal and/or abandonment of existing wet and dry utilities with an approximate removal/abandonment elevation of 733.50 and, and associated site restoration including mass grading to the CLIENT's approximate proposed 742.00 finished elevation and fine grading for site drainage. b. Provide an Engineer's Opinion of Probable Construction Costs (EOPC) for demo, restoration, and utility abandonment. The costs generated here will be used to compare to bidding contractor costs. c. Develop an anticipated project construction schedule. Timing and schedule will be discussed at a mandatory pre-bid meeting, held during the bidding process. E. Bid Assistance a. Assemble CLIENT bid package using the project specifications and special provisions developed in the design phase. b. Provide the CLIENT with a Bid Notice for the CLIENT to distribute/advertise. c. Contact and inform qualified firms of the project. d. Host bidding documents on an FTP site for distribution to contractors. e. Provide assistance with answering RFI's, providing clarifications, and issuing addendums, as necessary. f. Schedule and host a mandatory pre-bid meeting. g. Attend the bid opening, compile bids into a bid tabulation and prepare a recommendation to award. h. The bid documents will be provided to CLIENT in an electronic format via ftp site established specifically for this project. Scope of Services City of McHenry Demolition and Restoration at CVVWTP HR Green Job No. 200769 July 20, 2020 Page 4 of 5 3.0 Deliverables and Schedules Included in this scope COMPANY will provide CLIENT with a bid documents containing plans, specifications, historic facility plans (as provided by CLIENT), and sub-contractor's hazardous building materials report for completion of the project, EOPCs, and tentative schedules for the project. It is anticipated that at 50% and 90% milestones review meetings will be held with CLIENT to present project exhibits and specifications for review with CLIENT's Staff. Any corrections or revisions to the report will then be finalized prior to bidding. It is anticipated that this project's letting will be by Fall 2020 but no later than November 25, 2020. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement but not limited to: Grants and Funding Applications Construction Observation and Project Management Services - HR Green can provide, if required, under separate contract Surveying — HR Green can provide, if required, under separate contract Soil Testing Attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others Asbestos Removal/Remediation Project— Should hazardous materials be identified during the design phase,the CLIENT has requested that removal/remediation be completed during the demolition phase. 6.0 Client Responsibilities The CLIENT is to provide COMPANY with project information to include, but not limited to: Site access during the design phase hrgreen.com\HRG\Data\2020\200769\Admin\Contract\Client\SOs 062520 McHenry CWTTP Demo Phase II-reel.docx Exhibit A Man-Hour Estimate — Phase II Engineering Services TASK Personnel MAN- LABOR HOURS COST Initial Site Visit and Data Gathering Client Manager 6 1,110.00 Project Manager 16 3,040.00 Subtotal: 22 4,150.00 Plans and Exhibits Project Manager 40 7,400.00 Design Tech 40 5,480.00 Subtotal: 80 12,880.00 Utility Coordination Project Manager 16 3,040.00 Subtotal: 16 3,040.00 Project Specifications Client Manager 8 1,480.00 Project Manager 32 6,080.00 Subtotal: 40 7,560.00 Bid Assistance Project Manager 24 4,560.00 Subtotal: 24 4,560.00 Hazardous Building Materials Inspection 4,300.00 Direct Costs 500.00 Contract Total:182 36,990.00 ORDINANCE NO. 20- AN ORDINANCE AMENDING THE FY2020/2021 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 20th day of July, 2020. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman S anti Alderman Schaefer Wayne Jett, Mayor Trisha Ramel, City Clerk EXHIBIT A The following budget items are amended by this Ordinance: FY20/21 Water and Sewer Fund - $36,990 Central Wastewater Treatment Plant Demolition Design Services may Department of Public Works 4Troy Strange, PE, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 McHenrwww.cityofmchenry.org REGULAR AGENDA SUPPLEMENT DATE: July 20, 2020 TO:Mayor and City Council FROM: Troy Strange, PE, Director of Public Works RE:Central Wastewater Treatment Plant CLOMR Engineering Services Agreement ATT: 1. CBBEL Engineering Services Proposal 2. Professional Services Contract 3. Budget Amendment Ordinance AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a Professional Services Agreement for the Central Wastewater Treatment Plant CLOMR to Christopher B. Burk Engineering Ltd. (CBBEL) and to approve a Budget Amendment Ordinance in the amount of$49,155.00 from the General Fund. BACKGROUND: Since the completion of the Wastewater Treatment Plant Consolidation project in 2018, City Staff have made efforts to market the parcel the former Central Wastewater Treatment Plant Facility sits on. Previous efforts have attempted to market the property in an "as-is" condition with the plant structures remaining on the property. However, this approach has presented some challenges as much of the property is in a FEMA mapped floodplain and this status creates uncertainty as far as the feasibility of the site for many potential developers. At the May 18, 2020 City Council Meeting staff proposed that preliminary engineering work be completed to secure a Conditional Letter of Map Revision Based Upon Fill (CLOMR-F)to allow for the regrading and placement of fill at this site upon the completion of all demolition. Funding for demolition has already been secured by Public Works Staff through the Illinois Department of Commerce and Economic Opportunity Grant (DCEO). By securing the CLOMR-F and completion of demolition,the current financial liabilities against the property which have prevented the sale of such property will be significantly reduced if not eliminated. Staff were directed to solicit a proposal from a recommended firm within the City's list of prequalified firms to perform necessary engineering services associated with the securing of a CLOMR-F for the former Central Wastewater Treatment Plant Site. ANALYSIS: Staff requested a scope and fee from CBBEL for the completion of a CLOMR-F at the former Central Wastewater Treatment Plant. CBBEL submitted a scope and fee for the proposed work based upon project criteria defined by staff and negotiations with staff. The scope and fee has been reviewed by staff and found to be acceptable. RECOMMENDATION: Therefore, if City Council concurs, it is recommended that a motion be made to approve the attached Professional Services Contract for the Waukegan Avenue Wastewater Treatment Plant CLOMR to Christopher B. Burk Engineering Ltd. (CBBEL) and to approve a Budget Amendment Ordinance in the amount of$49,155.00 from the General Fund. City of McHenry Professional Services Contract Professional Services Contract Between the City of McHenry And Christopher B. Burke Engineering, Ltd. For Professional Engineering Services for Waukegan Avenue Wastewater Treatment Plant CLOMR Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between the City of McHenry And Christopher B. Burke Engineering, Ltd. For Professional Engineering Services for Waukegan Avenue Wastewater Treatment Plant CLOMR TABLE OF CONTENTS Page ARTICLE 1. THE SERVICES 1 1.1 Intent 1 1.2 Services 1 1.3 Project Time 1 1.4 Term; Extensions 1 1.5 Other Contracts 1 1.6 Responsibility of Consultant to Perform 1 1.7 Financial Ability to Perform.2 ARTICLE 2. COMPENSATION AND PAYMENT 2 2.1 Pricing Schedule 2 2.2 Monthly Payment; Invoices 2 2.3 Taxes 2 2.4 Final Payment. 2 2.5 Deductions 3 2.6 Use of Deducted Funds 3 2.7 Keeping Books and Accounts 3 ARTICLE 3. PERFORMANCE OF SERVICES 3 3.1 Standard of Performance 3 3.2 Correction of Defects 3 3.3 Risk of Loss 4 3.4 Opinions of Probable Cost 4 3.5 City Responsibilities 4 3.6 Time of the Essence 5 Revised 5/22/17 City ofMcHenry Professional Services Contract 3.7 Suspension of Services 5 ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 5 4.1 Services Change Orders 5 4.2 Revision Notices 5 4.3 No Change in Absence of Services Change Order 5 4.4 Delays 5 ARTICLE 5. INSURANCE 6 5.1 Insurance 6 5.2 Scope of Coverage; Minimum Limits of Coverage 6 5.3 Deductibles and Self-Insured Retentions 6 5.4 Additional Requirements 6 5.5 Verification of Coverage 7 5.6 Sub-Consultants and Suppliers 8 ARTICLE 6. INDEMNIFICATION 8 6.1 Agreement to Indemnify 8 6.2 No Limit Based on Insurance 8 6.3 Withholding Payment 8 6.4 Limit on Duty to Indemnify 8 ARTICLE 7. ARBITRATION 8 7.1 Arbitration 8 ARTICLE 8. TERMINATION 9 8.1 Contract is At-Will. 9 8.2 Termination by City for Breach 9 8.3 City Remedies 9 8.4 Termination by Consultant for Breach. 9 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 9 9.1 Consultant as Independent Consultant 10 9.2 Compliance with Laws; Communications with Regulators 10 9.3 Permits and Licenses 10 9.4 Safety; Hazardous Materials 10 9.5 Ownership of Data and Documents 10 9.6 Notices 10 9.7 No Waiver by City 10 9.8 No Third-Party Beneficiaries 11 Revised 5/22/17 City of McHenry Professional Services Contract 9.9 Survival of Terms 11 9.10 Assignments. 11 9.11 Amendments 11 9.12 Governing Law 11 9.13 Compliance with Laws, Grant Regulations 11 9.14 Representation of No Conflicts 11 9.15 No Collusion 1 1 Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between the City of McHenry And Christopher B. Burke Engineering, Ltd. For Professional Engineering Services for Waukegan Avenue Wastewater Treatment Plant CLOMR This contract (the "Contract") is dated as of June 11, 2020 (the "Effective Date") and is by and between the City of McHenry, an Illinois municipal corporation, (the "City") and Christopher B. Burke Engineering, Ltd. (the "Consultant"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE 1. THE SERVICES 1.1 Intent. It is the intent of the parties that this Contract govern the relationship of the parties. 1.2 Services. The Consultant will perform for the City the following services (the Services"): Proposed Scope of Services is identified in the attached CBBEL proposal dated June 1, 2020. 1.3 Project Time. The Services will be performed according to the following schedule Project Schedule"): Begins: After City Approval of Attached Contract Completed: On or before June 30,2021 The Services will be completed on or before June 30, 2021 (the "Completion Date"). The Completion Date shall be effective for substantial completion all design services. Bidding Services and Construction Support shall be completed after the date of substantial completion in coordination with construction of the project. 1.4 Term; Extensions. This Contract commences on the Effective Date and terminates on June 11, 2022 unless terminated earlier pursuant to Article 8 of this Contract (the "Term"). All terms of this Contract, including without limitation pricing terms, are firm during the Term, unless as embodied in an amendment to this Contract in accordance with Section 9.15. The Parties may extend this Contract for two additional one-year periods (each an "Extended Term"). Pricing terms may be adjusted by written agreement at the beginning of an Extended Term. 1.5 Other Contracts. The City may enter into agreements with other consultants, pursuant to which the City may award work from time to time at the City's discretion. 1.6 Responsibility of Consultant to Perform. The Consultant must provide all personnel necessary to complete the Services.The Consultant must perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the City in writing. All sub-consultants and supplies used by the Consultant in the 1- City of McHenry Professional Services Contract performance of Services must be acceptable to, and approved in advance by, the City. The City's approval of any sub-consultant or supplier will not relieve the Consultant of full responsibility and liability for the provision,performance, and completion of the Services in full compliance with, and as required by or pursuant to,this Contract. All Services performed by any sub-consultant or supplier are subject to all of the provisions of this Contract in the same manner as if performed directly by the Consultant. If any sub-consultant or supplier fails to properly perform any Services undertaken by it in compliance with this Contract, then the Consultant, immediately on notice from the City, must remove that sub-consultant or supplier and undertake the Services itself or replace the sub- consultant or supplier with a sub-consultant or supplier acceptable to the City. The Consultant will have no claim for damages, for compensation in excess of the Compensation, or for delay or extension of the Project Schedule as a result of any such removal or replacement. 1.7 Financial Ability to Perform. When executing this Contract, the Consultant represents and declares that it is financially solvent, has the financial resources necessary, has sufficient experience and competence,and has the necessary capital,facilities,organization,and staff necessary to provide,perform, and complete the Services set forth in this Contract in full compliance with, and as required by or pursuant to, this Contract. ARTICLE 2. COMPENSATION AND PAYMENT 21 Pricing Schedule. As compensation for the performance of the Services Compensation"), the City will pay the Consultant the following amounts and in the following manner: Proposed Pricing is included in the attached CBBEL proposal dated June 1,2020. Except for the Compensation, the City will have no liability for any expenses or costs incurred by the Consultant. 22 Monthly Payment; Invoices. The Compensation will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, a written invoice for payment for completed work. The City may specify the specific day of the month on or before which invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary to reasonably establish the Consultant's right to payment of the Compensation stated in the invoice. In addition, each invoice must include (a) employee classifications, rates per hour, and hours worked by each classification and, if the Services are to be performed in separate phases, for each phase, (b) total amount billed in the current period and total amount billed to date and, if the Services are to be performed in separate phases, for each phase, and c) the estimated percent completion of the Services and, if the Services are to be performed in separate phases, for each phase. 23 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities,or other similar benefits.The Consultant will never have a claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees. 24 Final Payment. The Services will be considered complete on the date of final written 2- City of McHenry Professional Services Contract acceptance by the City of the Services or the relevant phase of the Services. Services related to a submission of the Consultant will be deemed accepted by the City if the City does not object to those Services in writing within 30 days after the submission by the Consultant of an invoice for final acceptance and payment The City will make final payment to the Consultant within 30 days after final acceptance of the Services, after deducting therefrom charges, if any, as provided in this Contract ("Final Payment"). The acceptance by the Consultant of Final Payment will operate as a full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the Final Payment. 25 Deductions. Notwithstanding any other provision of this Contract, the City may deduct and withhold from any payment or from Final Payment such amounts as may reasonably appear necessary to compensate the City for any loss due to (1) Services that are defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the Consultant or the City made by any of the Consultant's sub-consultants or suppliers or by other persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of the Services, the cost to the City, including without limitation reasonable attorneys' fees, of enforcing the terms of this Contract. The City will notify the Consultant in writing of the City's determination to deduct and withhold funds,which notice will state with specificity the amount of, and reason or reasons for, such deduction and withholding. 26 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits,judgments, awards, and reasonable attorneys' fees (collectively "Costs") incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 27 Keeping Books and Accounts. The Consultant must keep accounts,books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the Term and for a period of five years after termination of this Contract. Copies of such material must be furnished to the City at the City's request and expense. ARTICLE 3. PERFORMANCE OF SERVICES 3.1 Standard of Performance. The Consultant must perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the Chicago Metropolitan Region ("Standard of Performance"). The Consultant is fully and solely responsible for the quality, technical accuracy, completeness, and coordination of all Services. All plans and other documents furnished by the Consultant shall be endorsed and stamped with professional seals when such seals are required by law. 32 Correction of Defects.The Consultant must provide,for no additional Compensation and at no separate expense to the City, all work required to correct any defects or deficiencies in the performance of Services, regardless of whether the defect or deficiency relates to the work of the Consultant or of the Consultant's sub-consultants or suppliers. 3- City ofMcHenry Professional Services Contract 33 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The Consultant is responsible for any and all damages to property or persons arising from any Consultant error, omission, or negligent act and for any losses or costs to repair or remedy any work undertaken by the City based on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other provision of this Contract,the Consultant's obligations under this Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the Consultant, to indemnify, hold harmless, or reimburse the Consultant for damages, losses, or costs. 3.4 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the City has control over the costs of labor,materials,equipment, or services furnished by others or over competitive bidding, market or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, any opinions of probable costs provided under this Contract are considered to be estimates only, made on the basis of the Consultant's experience and qualifications, and those opinions represent the Consultant's best judgment as an experienced and qualified professional, familiar with the industry. The Consultant does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by the Consultant. 35 City Responsibilities. The City, at its sole cost and expense, will have the following responsibilities: a) To designate in writing a person with authority to act as the City's representative with respect to the Services. In the absence of a written designation,the City's representative will be the City Administrator. The City's representative will have the authority to act on behalf of the City except on matters that require approval of the City Council. b) To provide to the Consultant all criteria and information about the requirements for the Services, including, as relevant, the City's objectives and constraints, schedule, space, capacity and performance requirements, and budgetary limitations. c) To provide to the Consultant existing studies, reports, and other available data relevant to the Services. d) To arrange for access to, and make provisions for the Consultant to enter on, public and private property as reasonably required for the Services. e) To provide,as relevant,surveys describing physical characteristics,legal limitations, and utility locations for the Services and the services of other consultants when the services of other consultants are requested by the Consultant and are necessary for the performance of the Services. f) To provide structural, mechanical, chemical, air and water tests, tests for hazardous materials, and other laboratory and environmental tests, inspections, and reports required by law to be provided by the City in connection with the Services, except the extent such tests, inspections, or reports are part of the Services. g) To review reports, documents, data, and all other information presented by the Consultant as appropriate. h)To provide approvals from all governmental authorities having jurisdiction over the Services when requested by the Consultant, except the extent such approvals are part of the Services. 4- City of McHenry Professional Services Contract i) To provide, except as provided under Article 5 and Article 6 of this Contract, all accounting, insurance, and legal services as may be necessary from time to time in the judgment of the City to protect the City's interests with respect to the Services. To attend meetings related to the Services. k)To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Contract. 3.6 Time of the Essence. Time is of the essence for the Services and all activities with regard to the performance of the Services. 3.7 Suspension of Services.The City,at any time and for any reason,may suspend work on any or all Services by issuing a written work suspension notice to the Consultant. The Consultant must stop the performance of all Services within the scope of the suspension notice until the City directs the Consultant in writing to resume performance. ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 4.1 Services Change Orders. The City, from time to time, may issue a written order modifying or otherwise changing the scope of the Services included in a Services Change Order (a Services Change Order"). Any Services Change Order in an amount exceeding $10,000 must be approved by the City Council. The Services Change Order will be generally in the form attached to and by this reference incorporated into this Contract as Attachment A. The Consultant may request a Services Change Order based on a claimed material change to any Services performed under this Contract. A Services Change Order may include additions to and deletions from the Services and will include requested equitable increases or decreases to the Compensation. 42 Revision Notices. Within three (3) days after the date of a Services Change Order, and in any event before the Consultant begins work on any changed Services, the Consultant must notify the City in writing if the Consultant desires a revision to the Services Change Order (a Revision Notice"). The Revision Notice must clearly state the Consultant's requested revisions and the reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Services Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision Notice within the (3) -day period,then the Consultant will be deemed to have accepted the Services Change Order and the Services Change Order will be final. 43 No Change in Absence of Services Change Order. No claim for an adjustment in Compensation or Project Schedule will be made or allowed unless it is embodied in a Services Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to an adjustment in the Compensation or Project Schedule terms that has not been included, or fully included, in a Services Change Order, then the Consultant may submit to the City a written request for the issuance of, or revision of, a Services Change Order including the desired adjustment. The Consultant's request must be submitted before the Consultant proceeds with any Services for which an adjustment is desired. 44 Delays. If a delay in providing Services results from one or more causes that could not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension 5- City of McHenry Professional Services Contract of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation for extra costs related to the delay, or both. The Consultant must notify the City in writing within 3 days after the start of the delay and again in writing within 3 days after the delay has ended (the Delay Period"). The first notice must state the cause or causes of the delay and the impact of the delay on providing Services.The second notice must state the cause or causes of the delay,the length of the day, the reasons why the delay disrupted performance of the Services and the Consultant's request, if any, for a change in Compensation or Project Schedule. If the Consultant fails to submit notices as provided in this Section 4.5, then the Consultant will be deemed to have waived any right to an adjustment in Compensation for the Services. ARTICLE 5. INSURANCE 5.1 Insurance. The Consultant must procure and maintain, for the duration of this Contract, insurance as provided in this Article 5. 52 Scope of Coverage; Minimum Limits of Coverage. a) Commercial General Liability. Insurance Services Office ("ISO"), or reasonable equivalent, Commercial General Liability occurrence form CG 0001, with the City and its officials, officers, employees, and agents named as additional insured on Insurance Service Office (ISO) Additional Insured Endorsement CG 2010(Exhibit A)or CG 2026(Exhibit B). Coverage must be at least$1,000,000 combined single limit per occurrence for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The general aggregate must be twice the required occurrence limit. Minimum General Aggregate must be no less than$2,000,000 or a project- contract specific aggregate of$1,000,000. b) Automobile Liability. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." Coverage must be at least $1,000,000 combined single limit per accident for bodily injury and property damage. c) Professional Liability. Indemnification and for injury or damage arising out of negligent acts, errors, or omissions in providing professional services, including without limitation: i) preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, designs or specifications and (ii) providing direction, instruction, supervision, inspection, or engineering services or failing to provide them, if that is the primary cause of injury or damage. Coverage must be at least$1,000,000 each claim with respect to negligent acts,errors,and omissions in connection with all professional services to be provided under this Contract. d) Workers' Compensation and Employers' Liability. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. Coverage must be at least Workers' Compensation Coverage with statutory limits and Employers' Liability limits of$500,000 per accident. 53 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City.At the option of the City,either the insurer must reduce or eliminate such deductibles or self-insured retentions with respect to the City and its officials, officers, employees, and agents or the Consultant must procure a bond guaranteeing payment of losses and related investigation, claim administration, and Consultant defense expenses. 5.4 Additional Requirements. The insurance policies must contain, or be endorsed to contain,the following provisions: 6- City of McHenry Professional Services Contract a) Commercial General Liability and Automobile Liability Coverage. The City and its officials, officers, employees must be covered as additional insured as respects: liability arising out of the Consultant's work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials, officers, employees, and agents. b) Primary Coverage. The insurance coverage must be primary with respect to the City and its officials, officers and employees. Any insurance or self-insurance maintained by the City and its officials,officers,employees, and agents will be excess of the Consultant's insurance and will not contribute with it. c) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. d)Umbrella Policies. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Consultant must name the City and its officials, officers and employees, as additional insured under the umbrella policy. e) Occurrence Form. All general liability coverage must be provided on an occurrence policy form. Claims-made general liability policies are not acceptable. f) Workers' Compensation and Employers' Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, officers, employees, and agents for losses arising from work performed by the Consultant. g)Professional Liability. If the policy is written on a claims-made form,the retroactive date must be equal to or preceding the effective date of this Contract. If the policy is cancelled,non- renewed, or switched to an occurrence form, then the Consultant must purchase supplemental extending reporting period coverage for a period of not less than three years after the date of substantial completion. h) All Coverage.Each insurance policy required must have the City expressly endorsed onto the policy as a Cancellation Notice Recipient. If a policy is canceled before the expiration date of that policy, then notice must be delivered to the City in accordance with the policy provisions prior to the expiration date. i) Acceptability of Insurers.Insurance must be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. Waiver of Limitation. The Consultant hereby agrees to waive any limitation as to the amount of contribution recoverable against it by the City.This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution, such as Kotecki v. Cyclops Welding. Each sub-consultant also must agree to this waiver. 5.5 Verification of Coverage. The Consultant must furnish the City with certificates of insurance naming the City and its officials, officers, employees, and agents as additional insured and 7- City of McHenry Professional Services Contract with original endorsements affecting coverage required by this Article 5. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City or may be ISO Additional Insured Endorsements CG 2010 or CG 2026, or reasonable equivalent, and in any event must be received and approved by the City before any work commences. The City reserves the right to request a full certified copy of each insurance policy and endorsement. 5.6 Sub-Consultants and Suppliers. The Consultant must include all sub-consultants as insured under its policies or must furnish separate certificates and endorsements for each sub- consultant.All coverage for sub-consultants are subject to all of the requirements stated in this Article 5. ARTICLE 6. INDEMNIFICATION 6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant hereby agrees to indemnify and, at the City's request, defend the City and its officials, employees, agents, and representatives (collectively the "Indemnified Parties") against all injuries, deaths, loss, damages, claims, patent claims, lawsuits, liabilities, judgments, costs, and expenses, including attorney fees incurred by the City (collectively "Claims"), that may in any way accrue against the Indemnified Parties or any one of them arising in whole,or in part,or in consequence of the negligent or intentionally tortious performance of any services by the Consultant or its employees or sub- consultants or that may in any way result therefrom, except only Claims arising out of the sole legal cause of the City. In addition, Consultant hereby agrees to indemnify the City with regard to any damages, costs and expenses, including attorney fees incurred by the City for any failure by the Consultant to comply with insurance reporting provisions of any Consultant insurance policy adversely affecting coverage provided to the indemnified parties. 62 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees that any performance bond or insurance policy required by this Contract, or otherwise provided by the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified Parties or any one of them. 63 Withholding Payment.To the extent that any payment is due to the Consultant under this Contract, the City may withhold that payment to protect itself against any Indemnified Claims until all claims, suits, or judgments have been settled or discharged and evidence to that effect has been furnished to the satisfaction of the City. 64 Limit on Duty to Indemnify. The Consultant is not required to indemnify an Indemnified Party to the extent a Claim resulted solely from the negligence or willful misconduct of the Indemnified Party. ARTICLE 7. ARBITRATION 7.1 Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the City, at 333 N. Green St. McHenry, Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof The parties agree that an arbitration award by default may be entered upon the party failing to appear or defend itself in any arbitration proceeding. In the event of any arbitration or litigation of this Contract, the non-prevailing party, as determined by the arbiter or court, shall pay all expenses 8- City of McHenry Professional Services Contract incurred by the prevailing party, including, but not limited to (a) attorney's fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. ARTICLE 8. TERMINATION 8.1 Contract is At-Will. This Contract is at-will and may be terminated by the City at any time at the City's convenience, without reason or cause. If the City terminates this Contract without reason or cause, then the Consultant will be entitled to Compensation for all Service performed by the Consultant up to the date of termination. The Consultant is not entitled to any consequential damages, including without limitation for lost profit, for any Services not performed by the Consultant. 82 Termination by City for Breach. The City at any time, by written notice providing Consultant with 10 days' to cure any alleged breach hereof, may terminate this Contract of breach by the Consultant and of one or more terms of this agreement. "Breach"by the Consultant includes a) failure of the Consultant to adhere to any terms or conditions of this Contract, (b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the performance of Services so as to endanger proper performance of the Services within the Project Schedule, (d) failure of the Consultant to have or maintain adequate resources to complete any Services. 83 City Remedies. If the City terminates this Contract for Breach by the Consultant, then the City will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: a) The City may recover from the Consultant any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. b) The City may withhold any or all outstanding Compensation to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. In that event,the City will pay any excess funds to the Consultant, if any, after all of the City's costs are reimbursed or paid. If the Compensation withheld by the City is insufficient to reimburse the City for, or pay, all costs,then the City will has the right to recover directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining costs. 84 Termination by Consultant for Breach.The Consultant at any time,by written notice, terminate this Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or such further time as the Consultant may agree, in the Consultant's sole discretion, in response to a written notice from the City seeking additional time to cure. 9- City of McHenry Professional Services Contract ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 9.1 Consultant as Independent Consultant. For purposes of this Contract,the Consultant is an independent consultant and is not, and may not be construed or deemed to be an employee, agent, or joint venturer of the City. 9.2 Communications with Regulators. Any written communication by Consultant directly with applicable governmental regulatory agencies with regard to Services shall be copied to the City. 9.3 Permits and Licenses. The Consultant must obtain and pay for all permits and licenses,registrations,qualifications,and other governmental authorizations required by law that are associated with the Consultant's performance of Services. 9.4 Safety; Hazardous Materials. a) Protection of Health,Environment. The Consultant's personnel must be experienced and properly trained to perform the Services and must take adequate precautions to protect human health and the environment in the performance of Services. b)Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous condition relating to the Services, then the Consultant must bring that condition to the attention of the City. c) Hazardous Materials. The Consultant acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ("Hazardous Materials") at a project site or otherwise associated with Services, and the Consultant under those circumstances must take appropriate precautions to protect its employees, sub-consultants, and suppliers. 9.5 Ownership of Data and Documents. All data and information, regardless of its format, developed or obtained under this Contract(collectively "Data"), other than the Consultant's confidential information, will be and remain the sole property of the City. The Consultant must promptly deliver all Data to the City at the City's request. The Consultant is responsible for the care and protection of the Data until that delivery. The Consultant may retain one copy of the Data for the Consultant's records subject to the Consultant's continued compliance with the provisions of this Article. The City hereby indemnifies the Consultant for damages caused by the City's misuse or reuse of Data not originally intended. 9.6 Notices. Any notice or communication required by this Contract will be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows: If to the City: with a copy to: City Administrator Public Works Director City of McHenry Public Works Department 333 S. Green Street 1415 Industrial Drive McHenry, Illinois 60050 McHenry, Illinois 60050 10- City of McHenry Professional Services Contract If to the Consultant: with a copy to: Christopher B. Burke Engineering, Ltd. N/A 9575 W. Higgins Road, Suite 600 Rosemont, IL 60018 Attention: Scott Griffith or to such other address as the party to whom notice is to be given has furnished in writing. 9.7 No Waiver by City.No act,order,approval,acceptance,or payment by the City,nor any delay by the City in exercising any right under this Contract, will constitute or be deemed to be an acceptance of any defective,damaged,flawed,unsuitable,nonconforming,or incomplete Services or operate to waive any requirement or provision of this Contract or any remedy, power, or right of the City. 9.8 No Third-Party Beneficiaries. This Contract is for the benefit of the City and the Consultant only and there can be no valid claim made or held against the City or the Consultant by any third party to be a beneficiary under this Contract. 9.9 Survival of Terms. The following sections will survive the termination of this Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9. 9.10 Assignments. The Consultant may not assign or transfer any term, obligation, right, or other aspect of this Contract without the prior express written consent of the City. If any aspect of this Contract is assigned or transferred, then the Consultant will remain responsible to the City for the proper performance of the Consultant's obligations under this Contract.The terms and conditions of any agreement by the Consultant to assign or transfer this Contract must include terms requiring the assignee or transferee to fully comply with this Contract unless otherwise authorized in writing by the City. 9.11 Amendments. This Contract may be amended only in writing executed by the City and the Consultant. 9.12 Governing Law. The validity, construction, and performance of this Contract and all disputes between the parties arising out of or related to this Contract will be governed by the laws of the State of Illinois without regard to choice or conflict of law rules or regulations. 9.13 Compliance with Laws, Grant Regulations. All Services must be provided, performed, and completed in accordance with all applicable governmental permits, licenses, or other approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The Consultant also must comply with applicable conditions of any federal, state, or local grant received by the City with respect to this Contract. The Consultant will be solely responsible for any fines or penalties that may be imposed or incurred by a governmental agency with jurisdiction over the Services as a result of the Consultant's improper performance of, or failure to properly perform, any Services. 9.14 Representation of No Conflicts. The Consultant represents that, to the best of its knowledge, (1) no City employee or agent is financially interested, directly or indirectly, in the business of the Consultant or this Contract, (2) as of the Effective Date neither the Consultant nor any person employed by the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract, and (3) neither the Consultant nor any 11- City of McHenry Professional Services Contract person employed by or associated with the Consultant may at any time during the Term obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 9.15 No Collusion. The Consultant represents that the Consultant is not barred from contracting with a unit of state or local government as a result of(1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is properly contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-3 or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Contract and that this Contract is made without collusion with any other person, firm, or corporation. WHEREFORE, the City and the Consultant have caused this Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF MCHENRY By: Name: Troy Strange Title: Public Works Director Date: Christopher2B.Burkejrk Engineering,Ltd. By: "i 7C 1/ e. Name: Michael E. Kerr Title: President Date: 6/12/2020 12- City of McHenry Professional Services Contract ATTACHMENT A SERVICES CHANGE ORDER NO. In accordance with Section 4.1 of the Contract dated 20 between the City and the Consultant,the Parties agree to the following Services Change Order: 1.Change in Services: 2.Change in Project Schedule(attach schedule if appropriate): 3. Change in Completion Date: All Services must be completed on or before: 20 4.Change in Compensation: ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED. CITY CONSULTANT City's project representative] Signature Name(Printed or Typed) 20 20 Date Date If compensation change greater than$3,500,then City Administrator signature required. 20 . City Administrator Date If compensation change greater than$10,000,then City Council approval and Mayor signature required. 20 . Mayor Date 1- C B CHRISTOPHER B. BURKE ENGINEERING, LTD. 9575 West Higgins Road Suite 600 Rosemont,Illinois 60018 TEL(847)823-0500 FAX(847)823-0520 June 1, 2020 City of McHenry 333 South Green Street McHenry IL, 60050 Attention: Mr. Greg Gruen, PE City of McHenry Engineer Subject: Professional Services Proposal Waukegan Avenue Wastewater Treatment Plant Conditional Letter of Map Revision Dear Mr. Gruen: As requested, Christopher B. Burke Engineering Ltd. (CBBEL) proposes to complete a Conditional Letter of Map Revision - Based on Fill (CLOMR-F) at the former site of the City of McHenry (City) Wastewater Treatment Plan. The City wishes to obtain a CLOMR-F for the site to make it more marketable. Included in this proposal are our Understanding of the Assignment, Scope of Services and Fee Estimate. UNDERSTANDING OF ASSIGNMENT The effective Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map FIRM) Panel 17111CO209J of McHenry County and Incorporated Areas show the subject property to be located within the Zone AE floodplain of the Fox River. It is our understanding that the City would like to obtain a CLOMR-F for the parcel to make it more marketable for sale. A CLOMR-F will be prepared and submitted to FEMA that requests the removal of the subject property from the 100-year floodplain based on the site-specific topographic survey. CBBEL will obtain updated site topography and prepare a conceptual grading plan to meet the minimum standards of the McHenry County Stormwater Ordinance and avoid any fill to the FEMA Regulatory Floodway. A compensatory storage analysis will be performed for the floodplain storage volume lost associated with filling the site located outside the floodway above the Base Flood Elevation. It is expected that the compensatory storage will be provided south of the site, within the property where the current City Wastewater Treatment is located. We have included a wetland delineation task to confirm the location of the compensatory storage will be provided outside the limits of the Waters of the United States. CBBEL will coordinate with all regulatory agencies necessary to obtain a CLOMR-F including but not limited to the McHenry County Planning and Development, Illinois Department of Natural Resources and FEMA. SCOPE OF SERVICES Task 1A — McHenry Wastewater Topographic Survey: As part of this task, CBBEL will perform topographic survey of the project area (7±Acre Parcel, 1,700LF± Entry Roadway, & 10± exterior building/structure details) as per attached exhibit for use in Engineering Services. The survey will be used as a base map for design purposes. Task 1B — Miller Park Compensatory Storage Area Topographic Survey: As part of this task, CBBEL will perform topographic survey of the project area (5± Acre Parcel, as per attached exhibit for use in Engineering Services. The survey will be used as a base map for design purposes. Included are the following survey tasks: 1. Horizontal Control: Utilizing state plane coordinates, CBBEL will tie into NGS Monumentation control utilizing state of the art GPS equipment. Horizontal Datum will correlate with established/existing NGS control monuments (NAD '83, Illinois East Zone 1201). 2. Vertical Control: Establish site benchmarks for construction purposes, tied to the NAVD '88 Vertical Datum. State-of-the-art GPS equipment will be used to establish benchmarks and assign a vertical datum on the horizontal control points. This will be based on GPS observed NGS Monumentation control (NAVD '88 Datum). 3. Field recon and survey to locate existing monumentation and boundary evidence. 4. Research at the McHenry County Recorder's Office. Analyze, record and field data necessary to compute approximate right-of-way. 5. CBBEL will field locate all pavements, driveways, bike path, curb and gutters, pavement markings, signs, manholes, utility vaults, drainage structures, utilities, driveway culverts, cross road culverts, etc. within the project limits (as per attached exhibit). Field location of all above ground utilities including, but not limited to:water, sanitary sewer, storm sewer, telephone, electric, cable and gas, etc. Identify size, type, rim, and invert elevations. 6. All trees of 6 inch caliper or greater to be surveyed within Project Area, & Tree Line only of forested areas adjacent to the Fox River. Provide tree size, location and elevation on survey. 7. Office calculations and plotting of field and record data. 8. Cross Sections: CBBEL will survey cross sections along the project limits at 50' intervals, at driveways, and at all other grade controlling features. 9. Utility Survey and Coordination: All existing storm and sanitary sewers will be surveyed to determine rim elevations. Above ground facilities of any additional underground utilities including water main, gas, electric, cable, etc. will also be located. No JULIE Utility Survey Coordination is included in this task. 10. Office contouring of field data and one foot contour intervals. 2 11. Drafting of an Existing Conditions Plan at a scale of 1"=20 NOTE: JULIE Utility Coordination Survey, Boundary/Land Acquisition Survey, Plats of Easement, and Right-of-Way/Plat of Highway Scope of Services are not included in this proposal. Task 2 - Field Reconnaissance: An investigation of the project site will be completed to delineate the limits of wetlands and waters of the United States present. The delineation will be completed based on the methodology established by the U.S. Army Corps of Engineers USACE). Also, during the site visit, wildlife and plant community qualities will be assessed. The limits of the wetland community will be field staked so that they can be professionally surveyed by others in relation to the project coordinate system. We also will locate the delineated boundaries using a submeter accuracy handheld GPS unit. Task 3—Letter Report: The results of the field reconnaissance will be summarized in a letter report. The wetlands' generalized quality ratings, according to the Swink and Wilhelm Methodology (1994), will be included along with exhibits depicting the approximate wetland and project boundaries, National Wetland Inventory, Soil Survey, floodplain, USGS topography, site photographs and their locations, and the USAGE Routine On-Site Data Forms. If the delineation is field surveyed, that will be used as our base wetland boundary map, otherwise we will use the best available aerial photograph. Task 4 — Preliminary Grading Plan: Using input from City Staff, a preliminary grading plan will be prepared for the parcel. The proposed grading plan will be used to determine the limits of floodplain fill within the parcel. The grading plan will be provided to the City and FEMA as part of the CLOMR-F application. Task 5—Compensatory Storage Analysis: Based on the approval of the conceptual grading plan, we will quantify the volume of floodplain fill and excavation required for the project. We will determine the location of compensatory storage necessary to meet the amount required by the Ordinance. We have budgeted for three iterations to be performed. Task 6 — Conditional Letter of Map Revision based on Fill Application: CBBEL will prepare a CLOMR-F request for the above reference parcel. As a certified community, the City can approve and sign the FEMA MT-1 Community Acknowledgement Form. After approval from MCPD, CBBEL will submit the CLOMR-F request to FEMA for their review and approval. If the CLOMR-F is approved, the parcel will have conditional approval that will remove it from the FEMA FIRM floodplain boundary. Task 7 — Agency Coordination: Throughout the project, we expect to have meetings and conference calls with the various stakeholders. We also expect to prepare responses to comments received during the review process. Since this item is difficult to quantify, we have provided a not to exceed budget amount. If we will exceed the budget amount, we will contact you in advance to discuss preparation of a supplemental contract. 3 FEE ESTIMATE TASK DESCRIPTION FEE 1A McHenry Wastewater Topographic Survey 20,855 1 B Miller Park Compensatory Storage Area Topographic Survey 6,000 2 Field Reconnaissance 1,400 3 Letter Report 2,900 4 Preliminary Grading Plan 2,000 5 Compensatory Storage Analysis 6,000 6 Conditional Letter of Map Revision — Based on Fill Application 5,500 7 Agency Coordination 3,500 Direct Costs 1,000 TOTAL $49,155 The above fees do not include any review fees. We will bill you in accordance with the attached Schedule of Professional Charges. Direct costs for mileage, blueprints, photocopying, postage, permit fees, overnight delivery, messenger services, and report binding are included in the Fee Estimate. We will establish our contract in accordance with the attached General Terms and Conditions. These General Terms and Conditions are expressly incorporated into and are an integral part of this contract for professional services. It should be emphasized that any requested meetings or additional services are not included in the preceding Fee Estimate and will be billed at the attached hourly rates. We appreciate the opportunity to provide this proposal. Please sign and return one copy of this agreement as an indication of acceptance and notice to proceed. Please feel free to contact us anytime. Sincerely, o as T. Burl ;Jr., hD, PE Executive Vice President Head, Water Resources Department Encl. Schedule of Charges General Terms & Conditions THIS PROPOSAL, SCHEDULE OF CHARGES,AND GENERAL TERMS AND CONDITIONS ACCEPTED FOR THE CITY OF MCHENRY: BY: TITLE: DATE: JSG N:1PROPOSALS ADMIN\2020WcHenryWNTP_CLOMR_05272020.docx 4 CHRISTOPHER B. BURKE ENGINEERING, LTD. STANDARD CHARGES FOR PROFESSIONAL SERVICES APRIL,2020 Charges* Personnel Hr) Principal 275 Engineer VI 251 Engineer V 208 Engineer IV 170 Engineer III 152 Engineer I/II 121 Survey V 229 Survey IV 196 Survey III 172 Survey II 126 Survey I 100 Engineering Technician V 198 Engineering Technician IV 161 Engineering Technician III 146 Engineering Technician I/II 68 CAD Manager 177 Assistant CAD Manager 153 CAD II 135 GIS Specialist III 148 GIS Specialist I/II 94 Landscape Architect 170 Landscape Designer I/II 94 Environmental Resource Specialist V 216 Environmental Resource Specialist IV 170 Environmental Resource Specialist III 139 Environmental Resource Specialist I/II 94 Environmental Resource Technician 114 Administrative 104 Engineering Intern 63 Information Technician III 130 Information Technician I/II 116 Direct Costs Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12% Charges include overhead and profit Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and costs by 5% after December 31, 2020. ORDINANCE NO. 20- AN ORDINANCE AMENDING THE FY2020/2021 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 20th day of July, 2020. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman S anti Alderman Schaefer Wayne Jett, Mayor Trisha Ramel, City Clerk EXHIBIT A The following budget items are amended by this Ordinance: FY20/21 General Fund - $49,155.00 Central Wastewater Treatment Plant CLOMR r— Douglas Martin y ` Economic Development Director McHenry Municipal Center v i+333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 MCHefr dmartin@cityofmchenry.org T.<<ox REGULAR AGENDA SUPPLEMENT TO:Mayor and City and City Council FOR: July 20, 2020 Regular City Council Meeting FROM: Doug Martin, Director of Economic Development RE:City of McHenry Commercial Tenant Incentive Grant Program ATT: 1.Commercial Tenant Incentive Grant Application Form 2.Commercial Tenant Incentive Grant Agreement 3.September 24, 2019 Economic Development Commission Meeting Minutes AGENDA ITEM SUMMARY: The purpose of this agenda item is for the consideration by the City Council on whether or not to pursue implementing a Commercial Tenant Incentive Grant Program for small businesses in the City of McHenry. The City of Crystal Lake's Retailer Facade and Commercial Tenant Improvement Program and Matching Grant Application was brought to our attention by a small business owner who was looking to open a second location in McHenry. She stated this grant was instrumental in allowing her the help needed to open her business and inquired if McHenry had a similar program. The City of Crystal Lake's program is entirely funded by the sales tax generated by the new business. It is paid out at the end of the year by the Finance Department after $150,000 in sales tax is generated as reported by the Illinois Department of Revenue. The City of Crystal Lake budgets for eight grants issued per year and have stated they have never had an issue with limiting to this number. ANALYSIS: The program consists of a New Retailer incentive Program and Existing Retailer Incentive Program. The New Retailer Incentive Program limits the maximum award to $10,000 and the Existing Retailer Expansion and Relocation Program has a sliding scale with awards ranging from 5,000 to $20,000 based on annual gross taxable sales. All awards are reimbursements and require a minimum of $150,000 in gross annual sales, as well as a 50% match. A Commercial 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. 4..e... 1..,^, ter.% Douglas Martin Economic Development Director kw or McHenry Municipal Center i333 Green Street McHenry, Illinois 60050 cHenr dmartPhone: ( 815) 363-2110 in@cityofmchenry.org MG6RT Of TRC O%RNCR Tenant Incentive Grant Agreement is required with each application, along with a three-year commitment. Each agreement is tailored to the individual applicant. The monies can be utilized for facade, building improvements or furniture, fixtures and equipment. This item was discussed at the McHenry Economic Development Commission and those minutes are attached. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to approve the City of McHenry Commercial Tenant Incentive Grant Program. 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. CITY OF McHenry Commercial Tenant Incentive Program MATCHING GRANT APPLICATION FORM 7. HOI. 1E it, si)).4,,s- r: 171 ADMINISTERED BY: CITY OF McHENRY I ECONOMIC DEVELOPMENT DEPT r T, 333 S. GREEN ST 1 + McHENRY,IL 60050 815-363-2110/815-363-2175 City of McHenry Commercial Tenant Incentive Grant CITY OF MCHENRY Commercial Tenant Incentive Grant Program In its continuing effort to support the development of the business community and our work force, the City of McHenry has created a Commercial Tenant Incentive Grant Program for new and existing retail business owners. This Program is comprised of the New Retailer Incentive Program and the Existing Retailer Incentive Program. The City Council will review applications and award grant funds to eligible new and existing retail businesses who complete façade or building improvements or purchase furniture, fixtures and equipment. This booklet is intended to provide general information regarding these programs. For more information,please contact the Economic Development Department at(815) 363-2110 or 815-363- 2175. Program descriptions and eligibility requirements: New Retailer Incentive Program ELIGIBILITY' MAXIMUM AWARD CALCULATION LIMIT OF AWARD Applicant must occupy vacant commercial 10,000 50%match for façade or building space or construct a new building in the City; improvements. Applicant's business must be new to the City 50%match for furniture, fixtures limits of McHenry; and equipment(FFE)installed in the space. Applicant's business must meet a minimum annual gross taxable sales threshold of at least 150,000/year; Applications must be filed prior to commencing improvements(except where prior arrangements have been made with the City) I See detailed eligibility criteria below. Ciro OF MCHENRY—Economic Development Department 333 S Green Street, MCHENRY, IL 60050 815.363.2110 or 815.363.2175—www.CityofMcHenry.ora City of McHenry Commercial Tenant Incentive Grant NEW RETAILER INCENTIVE PROGRAM ELIGIBILITY CRITERIA i) The program is open to any new sales-tax revenue generating business that will occupy vacant retail space or construction of a new building for its business. ii) Applicant must meet minimum annual gross taxable sales threshold of $150,000 and sustain or exceed that amount for three years. iii) Applicant's business must provide a stocked retail showroom for retail products. iv) Applicant must provide written proof of façade or building construction costs and/or FFE costs. v) Applicant for façade or building improvements must comply with the Illinois Prevailing Wage Act. vi) Applicant must have city approval for grant funding prior to commencing improvements except where prior arrangements have been made with the city). vii) Grant recipient may apply for additional grant funding after 3 years from the date of recipient's previous award forthe Existing Retailer Incentive Program. viii) Applicant's business must be new to McHenry city limits; existing in-town relocations are ineligible, without prior staff approval. ix) Applicants are required to complete and submit an Illinois Department of Revenue Authorization to Release Sales Tax Information form to City Staff. x) Award calculations may include both façade, building construction and FFE costs, up to maximum limit of award amount. xi) Eligible FFE includes, but is not limited to, shelving, racks, tables, chairs, point-of-sale systems, fixed computer equipment used in business operation, office furniture, and appliances. xii) Façade and building improvements must comply with all applicable codes and ordinances. xiii) Eligible façade and building improvements include, but are not limited to; exterior brick cleaning; exterior tuck pointing; exterior painting; wall façade construction, repair, and treatment; original exterior architectural features repair or replacement; interior/exterior demolition; and renovation to interior/exterior. xiv) Approved applicants shall be required to maintain their improvements and the FFE for the duration of the Grant Agreement with the City of McHenry, which shall be three years from the date the funds are received by the applicant. Ciro OF MCHENRY—Economic Development Department 333 S Green Street, MCHENRY, IL 60050 815.363.2110 or 815.363.2175—www.CityofMcHenry.org City of McHenry Commercial Tenant Incentive Grant Existing Retailer Expansion and Relocation Program ELIGIBILITY' MAXIMUM LIMIT AWARD OF AWARD CALCULATION Annual Gross Maximum 50%match for exterior façade Applicant must expand its business into Taxable Sales Grant Award or interior building vacant commercial space by at least 20%in improvements. gross leasable floor area, or relocate its business to vacant space that is 20%larger $150K $500K $5,000 50%re, than its current location. (not required for match for fit (FFE) businesses generating over $7,500,000 in fixtures and equipment (FFE) installed in the space. annual gross taxable sales); 500K-$1.0M $10,000 Applicants applying for façade or building improvement funds are not required to expand or relocate. 1.1M-$2.5M $15,000 Applicant's business must meet a minimum annual gross taxable sales threshold of at least 150,000/year; Application must be filed prior to 2.6M-$S.OM+ $20,000 commencing improvements(except where prior arrangements have been made with the City). See detailed eligibility criteria below. EXISTING RETAILER INCENTIVE PROGRAM ELIGIBILITY CRITERIA i) The program is open to any existing McHenry sales-tax revenue generating business that will: a.Expand its current location into vacant space by at least 20%in gross leasable floor area (not required for businesses generating over $7,500,000 in annual gross taxable sales), or b.Relocate to vacant space that is 20% larger than its current location, in a new building or into a different existing building not within the same shopping center not required for businesses generating over $7,500,000 in annual gross taxable sales), or c.Complete façade or building improvements to the existing space. Ciro OF MCHENRY—Economic Development Department 333 S Green Street, MCHENRY, IL 60050 815.363.2110 or 815.363.2175—www.CityofMcHenrv.orq City of McHenry Commercial Tenant Incentive Grant ii) Applicants must meet a minimum annual gross taxable sales threshold of at least 150,000 over the previous 12-month period prior to the date of application. iii) Applicant's business must provide a stocked retail showroom for products. iv) Applicant must provide written proof of façade or building construction costs and/or FFE costs. v) Applicants for façade or building improvements must comply with the Illinois Prevailing Wage Act. vi) The grant award amount cannot exceed 50% of the applicant's expenditures on eligible furniture, fixtures, and equipment. vii) Applicant must have city approval for grant funding prior to commencing improvements except where prior arrangements have been made with the City). viii) Award calculation may include both façade or building construction and FFE costs, up to maximum limit of award amount. ix) Eligible FFE includes, but is not limited to; shelving, racks, tables, chairs, point-of-sale systems, fixed computer equipment used in business operation, office furniture, and appliances. x) Façade and building improvements must comply with all applicable codes and ordinances. xi) Eligible façade improvements include, but are not limited to; exterior brick cleaning; exterior tuck pointing; exterior painting; wall façade construction, repair, and treatment; original exterior architectural features repair or replacement; interior/exterior demolition; and building renovation to interior/exterior. xii) Approved applicants shall be required to maintain their improvements and the FFE for the duration of the Grant Agreement with the City of McHenry, which shall be at least five years after receiving the funding. Eligible Properties and Applicants All retail-operated, sales tax revenue-generating businesses in the City of McHenry are eligible for the Commercial Tenant Incentive Programs. Retailers who apply for grant funding must provide a retail show-room open to the public and cash-and-carry retail services to their customers. New business applicants shall provide sales projections with their applications. The City of McHenry will verify minimum gross taxable sales thresholds are met using Illinois Department of Revenue reports. The sales data can be verified approximately fifteen months after the business opens. Any building with a zoning, building code, or fire/safety code violation is not eligible for the program. Any commercial building owner, or business owner(tenant) with building owner authorization(a lease or other agreement), may apply for the grant. CITY of MCHENRY—Economic Development Department 333 S Green Street, MCHENRY, IL 60050 815.363.2110 or 815.363.2175—www.CityofMcHenry.orq City of McHenry Commercial Tenant Incentive Grant Ineligible Projects The Commercial Tenant Incentive Grant Program will not provide funds for working capital, debt refinancing,inventory acquisition,application fees,permit fees,legal fees,or signage. Grant Agreement As a condition of the award of grant funds, eligible and approved applicants will be required to enter into an agreement with the City in a form to be approved by the City. The Agreement will contain terms and conditions of any grant award which would be made, including a requirement that the applicant repay some or all of the grant money in the event that the business for which the grant was approved does not remain in continuous operation for at least three years or maintain sales,improvements,FFE,etc as stipulated in the agreement.The sample form of Grant Agreement attached to this application form contains sample provisions of the Grant Agreement and is for reference only,please do not file this document with your application,as it is only a sample. In the event that it is determined that you are eligible for a grant award, a final original form of Grant Agreement will be provided to you by the City. Administration Applicants are encouraged to submit complete applications to City Hall in person or via e-mail. Applications for the City's grant programs will be accepted on a first-come, first-served basis. Only completed applications that include all required submittal documents and information will be accepted. The City's Finance and Personnel Committee will review the application for accuracy and will determine if it meets the program requirements. If the application is determined to meet the requirements of the program, the application will be forwarded to City Council for review. If the application receives City Council approval, the applicant must enter into an agreement with the City. A maximum of 8 grant awards will be issued per year. Matching grant funds will only be disseminated to the applicant after the following items are completed: A) Documented proof regarding the payment of the construction costs for materials and labor for façade or building improvements and that prevailing wages were paid is submitted; B) The furniture, fixtures, and equipment have been purchased and implemented within the business; C) Receipts and cancelled checks or credit card statements for the purchase of the approved furniture, fixtures, and equipment are submitted; D) The applicant has received a final certificate of occupancy and is open for business. E) One-year of sales tax data has been collected, verified and reported to the State of Illinois. If accepted grant applications for the current year reach the City's application limit, applicants may be placed on a waiting list to be considered for a grant the following year. Ciro OF MCHENRY—Economic Development Department 333 S Green Street, MCHENRY, IL 60050 815.363.2110 or 815.363.2175—www.CityofMcHenrv.orq City of McHenry Commercial Tenant Incentive Grant Questions A grant application and submittal requirements are included with this packet. If you have further questions regarding the Incentive Programs, please contact the City of McHenry Economic Development Department. CIT'OF MCHENRY—Economic Development Department 333 S Green Street, MCHENRY, IL 60050 815.363.2110 or 815.363.2175—www.CityofMcHenry.org CITY OF MCHENRY Commercial Tenant Incentive Grant Application Please completely fill out this application and return it to the City ofMcHenry with the items listed in the checklist on page 2. Applicant Name: _Tenant or _Owner Phone Information Mailing Address Fax Email Federal Tax ID# Property Address for building for which grant is sought: Information Property Identification Number(s) Phone Check one: New business occupying vacant retail space Existing retail business making improvements to my building or tenant space Description offurniture,fixtures, and equipment to be utilized(or see information attached): Continued on the next page CITY OF MCHENRY—Economic Development Department, 333 S Green Street, MCHENRY, IL 60050 PH 815.363.2110 or 815.363.2175—www.CityofMcHenry.Orq Application Checklist The following items must be submitted with the Incentive Application form(Page 1): j Completed and signed McHenry Incentive Grant Application; i Written estimates for the furniture, fixtures, and equipment to be purchased; Written estimates for the façade or building improvements; A floor plan, illustrating the locations for the furniture, fixtures, and equipment(drawings do not have to be architectural renderings, but should be to scale so that the City can understand the scope of the proposed project); Written description of the scope of the proposed project(letter to the Mayor and City Council); j Taxable sales records and/or projections. I agree to comply with the guidelines and standards of the City of McHenry Commercial Tenant Incentive Program and I understand that this is a voluntary program, under which the City has the right to approve or deny any project or proposal or portions thereof Applicant(s) Signature Date I am the building owner and agree to the application submitted by my tenant, above, and agree to comply with the guidelines and standards of the City of McHenry Commercial Tenant Incentive Program and I understand that this is a voluntary program, under which the City has the right to approve or deny any project or proposal or portions thereof Building Owner Signature Date Mailing Address: Email: Phone: CITY OF MCHENRY—Economic Development Department 333 S Green Street, McHenry IL 60050 PH 815.363.2110 or 815.363.2175 www.CityOfMcHenry.orq CITY OF McHENRY Commercial Tenant Incentive Grant Agreement THIS AGREEMENT, entered into this day of between the City of McHenry, an Illinois Municipal Corporation (hereinafter referred to as CITY") and the following designated business owner, (hereinafter referred to as "OWNER"), to witness: Business Owner's Name: Name of Business: Federal Tax ID#: Address of Property where the business will be located: PIN Number(s): RECITALS: WHEREAS,the City of McHenry("the City")has created a grant program,making certain grant funding available for new and existing retail businesses in the City (the "Grant Program"); WHEREAS, the Grant Program is administered by the City and is funded by the general fund for the purpose of enhancing economic development opportunities in the City; WHEREAS, the Grant Program was created for the purpose of reimbursing business owners who occupy vacant retail space, construct new buildings, or make improvements to their existing space within the City limits of McHenry, subject to eligibility requirements and grant parameters and limitations set forth in the Grant Program; WHEREAS, the Owner operates a (new/existing) retail business within the corporate limits of the City, commonly known as the"Retail Business") and located at McHenry, Illinois (the"Property"); WHEREAS, the Owner has applied for a (New Retailer Incentive Grant/Existing Retailer Incentive Program Grant) (the "Grant"); and WHEREAS, the City has determined that the Owner is eligible for the Grant, subject to the conditions and limitations set forth in the Grant Program and this Agreement; NOW THEREFORE, in consideration of the mutual covenants and agreements obtained herein, the CITY and the OWNER do hereby agree as follows: CITY OF MCHENRY-Economic Development Department, 333 S Green Street, MCHENRY, IL 60050 PH 815.363.2110 or 815.363.2175- WWW.CITYOFMCHENRY.ORG Incentive Grant Agreement Page 2 1. The City shall reimburse the Owner at a rate of fifty percent(50%) for the cost of eligible FFE or façade or building improvement expenses incurred by the Owner for use in the Owner's Business. The total amount of all reimbursements paid by the City pursuant to this Agreement shall not exceed $ 2. The City approval of a grant shall not be construed as permission to commence construction on the subject property.No improvements or construction shall be undertaken by the Owner on the location of their business until applications for Building Permits and Occupancy have been submitted to the Community Development Department and approved by the City. Following approval, the Owner shall occupy the subject property and commence full-time business operations within one hundred eighty days (180) from the date of City Council approval. The Owner may request a ninety-day (90) extension provided there is a demonstrated hardship. 3. Upon completion of the improvements and upon their final inspection and approval by the Community Development Department, the Owner shall submit to the City proper documentation,including:receipts and cancelled checks for the purchase of the approved FFE, proof of payment for the façade or building improvements including labor and materials with wages paid and a copy of a final Certificate of Occupancy for the business. The City shall, after having received one year of sales tax data from the State of Illinois, issue a check to the Owner as reimbursement for one-half of the expenses approved by the City for reimbursement, subject to the limitations set forth above. 4. If the Owner fails to purchase furniture, fixtures, or equipment or complete the façade or building improvements consistent with the conditions of the approval by the Mayor and City Council, then upon written notice being given by the City to the Owner, by certified mail to the address listed above, this Agreement shall terminate and the financial obligation on the part of the City shall cease and become null and void. 5. Upon completion of the improvements, Owner shall be responsible for properly maintaining the FFE or façade without change or alteration thereto, as provided in this Agreement for a period of three (3) years following completion of the construction and/or business commencement. 6. This Agreement shall be binding upon the CITY and upon the OWNER and its successors, to said property for a period of four (4) years from the date the check has been issued to the applicant. It shall be the responsibility of the OWNER to inform subsequent OWNER(S) of the provisions of this Agreement. Applicant must comply with all approval criteria as stated in the Program and in this Agreement. CITY OF MCHENRY-Economic Development Dept. 333 S Green Street, MCHENRY, IL 60050 PH 815.363.2110 or 815.363.2175 WWW.CITYOFMCHENRY.ORG Incentive Grant Agreement Page 3 In the event that at any time, subsequent to the reimbursement payment required by this Agreement have been paid by the City, the Owner abandons, closes, transfers, sells or terminates the Retail Business Owner's business upon the Property during the three (3) year term of this Agreement (hereinafter collectively referred to as the "Terminating Event"), the Owner shall, within thirty (30) days from the date of the Terminating Event or such later date as the City may agree to in writing (hereinafter, the "Refund Payment Due Date"), refund to the City a portion of the Grant received from the City prior to the Terminating Event, in accordance with the following schedule (hereinafter,the "Refund Payment"): Date of Terminating Event % of the Total Grant Payment to be Refunded Within one year of the agreement date 75% Within two years of the agreement date 50% Within three years of the agreement date 25% Such Refund Payment shall be paid to the City within thirty(30) days from the date of the Terminating Event (hereinafter,the "Refund Payment Due Date"). Owner agrees on its own behalf and on behalf of its heirs, successors, and assigns that the City's right to the Refund Payment pursuant to this paragraph shall constitute both a personal obligation of the Owner and a lien against the Property and Owner agrees that the City may record this Agreement with the McHenry County Recorder of Deeds. To further secure the repayment of Reimbursement Payments pursuant to this paragraph, Owner agrees to execute and deliver to the City a UCC financing statement, in a form acceptable to the City Attorney, pledging inventory,accounts held at financial institutions,accounts receivables,and such other assets of the Owner as the parties may agree to in writing, and Owner further consents to the filing and/or recording of such financing statements as may be appropriate under the laws of the State of Illinois. Such financing statement shall be delivered to the City upon request. 7. The Owner releases the City from, and covenants and agrees that the City shall not be liable for, and covenants and agrees to indemnify and hold harmless the City and its officials, officers, employees, and agents from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from or in any way connected directly or indirectly with the furniture, fixtures, and equipment, and/or employees hired for the Retail Business. The Owner further covenants and agrees to pay for or reimburse the City and its officials, officers, employees, and agents for any and all costs,reasonable attorney's fees, liabilities, or expenses incurred in connection with enforcement of this Agreement,investigating,defending against or otherwise in connection with any such losses, claims, damages, liabilities, or causes of action. The City shall have the right to select legal counsel and to approve any settlement in connection with such losses, claims, damages, liabilities, or causes of action. CITY OF MCHENRY—Economic Development Dept. 333 S Green Street, MCHENRY, IL 60050 PH 815.363.2110 or 815.363.2175 WWW.CITYOFMCHENRY.ORG Incentive Grant Agreement Page 4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. OWNER CITY OF MCHENRY ATTEST: CITY OF MCHENRY-Economic Development Dept. 333 S Green Street, MCHENRY, IL 60050 PH 815.363.2110 or 815.363.2175 WWW.CITYOFMCHENRY.ORG City of McHenry Economic Development Commission Meeting Minutes September 24, 2019 Chairman Jessup called the September 24, 2019 regular meeting of the City of McHenry Economic Development Commission to order at 4:00 p.m. In attendance were the following: Bremer, Jessup, Mrachek, Pfeifer, Tenuto and Mayor Jett. Absent: Bionda, Alderman Schaefer. Also in attendance were: Director of Economic Development Martin and Economic Development Coordinator Wolf. Public Comment: There was nobody in attendance who wished to address the Commission. Approval of Minutes Motion by Tenuto, seconded by Mrachek, to approve the June 25, 2019 Special Meeting minutes of the Economic Development Commission, as presented: Voting Aye: Bremer, Jessup, Mrachek, and Tenuto. Voting Nay: None. Not Voting: None. Abstaining: Jett, Pfeifer. Absent: Bionda and Schaefer. Motion carried 4-0. Business Recognition-Mr. Don's Cleaners Director Martin congratulated Rich Wimmer and Mr. Don's Cleaners on 50 years of business in the City of McHenry, gave some of the history behind the business and presented them with an award of recognition. Mr. Wimmer thanked the Commission for the recognition. New Business Updates Director Martin gave an update on new businesses recently opened or opening soon including:Above the Barre Dance Academy 5308 W. Elm St./Rt. 120; Unicorn Details 3980 Albany; City Electric Supply 4030 Main St.; Val's Salon 3402 Elm St./Rt. 120; and Pink Nails 1226 Green St., Brake Parts Research and Development Facility, Starbucks on Elm St./Route 120, Jersey Mike's and Popeye's Chicken on Route 31 North, Trio gas station at Bull Valley and Crystal Lake Rd, Ignite Skilled Nursing Facility at Ridgeview and Bull Valley Road, and Pineapple X'Pressed on Green Street (River Place building) and Hidden Pearl Cafe (also on Green St.), and Don's Submarine and CE Nail Salon and Spa in the Fountain Shoppes on Front St./Rt 31 South. There was discussion on how the Economic Development Commission can help in the upward trend due to increasing housing, growth of the schools, Northwestern Medical and the efforts of the City and the Economic Development Team. Commissioner Pfeifer suggested forming a mentor program to help new business-owners or entrepreneurs on how to connect and be a part of the community. Economic Development Commission September 24,2019 Page 2 Small Business Grant Discussion/Recommendation Coordinator Wolf gave an overview of the City of Crystal Lake's Retailer Facade and Commercial Tenant Improvement Program and Matching Grant Application, brought to her attention by a small business owner who was looking to open a second location in McHenry. The business owner stated this grant was instrumental in allowing her with help needed to open her business and inquired if McHenry had a similar program. Coordinator Wolf explained the City of Crystal Lake's program is entirely funded by the sales tax generated by the new business. It is paid out at the end of the year by the Finance Department after 150,000 in sales tax is generated as reported by the Illinois Department of Revenue. The City of Crystal Lake budgets for 8 grants issued per year and have stated they have never had an issue with limiting to this number. Discussion on the many benefits of implementing a similar program in McHenry ensued. Commissioner Jessup asked for a motion to recommend the City of McHenry implement a grant for small businesses similar to the City of Crystal Lake Retailer Facade and Commercial Tenant Improvement Program and Matching Grant Application. Motion by Mrachek seconded by Bremer to recommend the City of McHenry implement a grant for small businesses similar to the City of Crystal Lake Retailer Façade and Commercial Tenant Improvement Program and Matching Grant Application and submit it for consideration by City Council. Voting Aye: Bremer, Jessup, Mrachek, Pfeifer, and Jett. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bionda, Schaefer. Motion carried 5-0. Committee Reports Business Recognition Committee Mrachek, Wolf Length of Years in City and/or Significant Civic or Community Contributions to the City) The following additional businesses are known to have business anniversaries in 2019. Commissioner Mrachek and Coordinator Wolf will work on a strategy along with collaboration with the Chamber to reach out and get information and plan award presentations for them. Chas Herdrich—86 years Rietesel Boat—80 years Morrie & Sons Auto—60 years Tony's Family Tailor—30 years OrthoGro Physical Therapy—30 years Joule Technologies—20 years Economic Development Commission September 24,2019 Page 3 Outreach and Engagement Committee Bremer, Tenuto, Martin Business Attraction, Retention Survey, Branding, Marketing, Video Distribution) The committee met twice and will take direction from today's meeting in working on a local business campaign, a mentoring aspect, and developing a social media policy. They have been updated on vacant property/building opportunities in the City and want to highlight what makes McHenry a destination City, and determine how and frequency to property showcase the City through visits, ribbon cuttings, videos, signage, and links to McHenry MarketPulse on social media, as well as the Economic Development and Business pages of the City's website. They will be working on having a consistent plan approach and having measurable action items. They will work on showcasing McHenry throughout the County and the border towns and how to recognize businesses of tenure vs. new businesses in town. Relationship Building Committee Pfeifer, Schaefer Other City Committees/Associations, Businesses and Chamber Members, Tours) This committee will be meeting in the very near future. Development Committee Jessup and Bionda Recruiting a Full, Engaged Commission Membership) Commissioner Jessup stated they have obtained several tools to use as resources in recruiting other members in order to get a fully functioning and fully staffed commission. He asked Mayor Jett to work with them to set up a meeting with him in order to clarify their direction to help fill vacant seats to be in compliance with the ordinance. They will reach out to the other committees regarding getting new members. There is currently one vacancy on the Commission. Strategic Economic Development Plan Commissioners Jessup and Mrachek asked Mayor Jett what his vision is for the Economic Development Commission. Mayor Jett replied he would like them to help fill vacant storefronts, spread the word, hit businesses outside a 10 mile radius and see if they're willing to open a location in McHenry. His number one vision is business attraction —bringing more businesses into McHenry It was suggested to get an invitation type post card printed with contact information for the Economic Development Commission, similar to a sales brochure,for everyone to leave with potential businesses they speak with to help promote the City. Partner Committee Reports: Reports were given by respective member of the commission. Director Martin invited everyone to attend the MTI Expo this Thursday 9/26 from 6:00-8:00 p.m. Chairman Jessup concluded asking all members to focus on moving forward in the direction given at tonight's meeting. Staff Report The next Economic Development Commission is scheduled for Tuesday November 26, 2019. Due to the Thanksgiving holiday it was voted to change the date of the next regularly scheduled meeting to Economic Development Commission September 24,2019 Page 4 November 12, 2019. It was also agreed by all to change the set up of the meeting to a more informal setting. Motion to Adjourn by Pfeifer; Seconded by Tenuto All members in favor. Meeting adjourned at 5:15 p.m. Respectfully submitted, Rob Jessup, Chairman Economic Development Commission FIFTH CONTINUATION OF EFFECTIVE DATES OF THE MARCH 11, 2020 PROCLAMATION BY THE MAYOR OF LOCAL DISASTER EMERGENCY IN THE CITY OF McHENRY, ILLINOIS On March 11, 2020, the Mayor of the City of McHenry issued a Proclamation of Local Disaster Emergency in response to the well-publicized Coronavirus disease 2019 (COVID-19) for a limited timeframe of seven (7) days. On March 16, 2020, April 6, 2020, May 4, 2020, and June 1, 2020,the Mayor of the City of McHenry and the City Council continued the Proclamation with the most recent Proclamation in effect until July 20, 2020. In accordance with the Illinois Emergency Management Act, 20 ILCS 3305/1, et seq., and the Municipal Code, City of McHenry, Illinois, Section 6-1-14, Declaration of Local Emergency, we, Wayne S. Jett, Mayor of the City of McHenry, and the City Council do hereby proclaim that a local disaster emergency still exists in the City of McHenry due to ongoing Coronavirus disease 2019 (COVID-19) concerns in the City of McHenry and McHenry County. The purpose is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans,to authorize the furnishing of aid and assistance thereunder, and to bring this to as quick of a conclusion as possible. The City of McHenry's emergency operations plans are hereby activated for the best interest of the residents of the City of McHenry. This Proclamation is effective on July 20, 2020 and shall continue to August 17, 2020. Voting Aye: Voting Nay: Absent: Abstain: APPROVED: Mayor Wayne S.Jett SEAL) ATTEST: City Clerk Monte Johnson Passed: Approved: Z:IMIMcHenryCityoJICOVID-191Coronavirus 5th Cont Proclamation of Disaster City CounciLdocx Department of Community Development McHenry Municipal Center y, 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 MCFouragefay www.cityofmchenry.org AGENDA SUPPLEMENT TO:Mayor and City Council FOR: July 2020, 2020 Regular City Council Meeting FROM: Cody Sheriff,City Planner RE:Residences of Stonewood Subdivision—Conceptual Presentation & Discussion An: 1.Location Map 2.Preliminary Concept Plans 3.Exhibit"C"from Bull Valley Road/Miller Road/River Road/Chapel Hill Road CorridorStudy AGENDA ITEM SUMMARY: The petitioner, Paul Swanson (architect), is requesting preliminary feedback from City Council for a conceptual 10 5-unit townhome subdivision development prior to submitting an application. BACKGROUND: The subject property consists of 5.87 acres, more or less,and is located directly north of the intersection of W. Bull Valley Road and Cunat Drive. The conceptual proposal consists of 10 2-story 5-unit buildings with 3 bedrooms.As part of the approval process, the petitionerwill be required to dedicate a portion of the property for public right-of-waytothe McHenry County Division of Transportation along Bull Valley Road.Additionally,the Bull Valley Road/Miller Road/River Road/Chapel Hill Road Corridor Study does recommend a signalized intersection at Cunat Drive and Bull Valley Road. Per County Ordinance,a trafficsignal is installed only when certain performance metrics are met. The petitioner is requesting preliminary feedback from City Council prior to submitting a formal application. 1 i7. .01ii.,41 #,,, IfMF,, a y rf r< ,,, e •?<.` : a4 r ! 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