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HomeMy WebLinkAboutPacket - 11/02/2020 - City Council The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. AGENDA REGULAR CITY COUNCIL MEETING Monday, November 2, 2020, 7:00 p.m. In light of the current COVID -19 public health emergency, this meeting will be held remotely only. The public can observe and participate by connecting online via Zoom at https://cityofmchenry.zoom.us/j/98224396867 or by telephone at 1 312 626 6799 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Public Comments: If you wish to submit any public comment, please email: 6.D. Special dmorefield@cityofmchenry.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 Council after the meeting. 5. Presentation – FY2019/2020 Audit Report (Director Lynch) 6. Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Ordinance Amending Water and Sewer Capital Development Fees; (Director Polerecky) B. Resolution Authorizing and Approving a Disclosure Compliance Policy ; (Director Lynch) C. Professional Services Agreement with Robinson Engineering, Ltd. in the amount of $38,900 for the Riverwalk Sewer Relocation Project; (Director Strange) D. Authorization for Special Civic Event – Downtown McHenry Christmas Walk Event (Chief Birk) E. October 19, 2020, City Council Meeting Minutes; F. Issuance of Checks in the amount of $772,695.59. 7. Individual Action Item Agenda A. Motion to approve an Ordinance granting a minor variance to allow a 17 feet, 3 ¾ inch front yard setback in lieu of the required 30 foot front yard setback at 808. S. Carol Avenue. (Director Polerecky, City Planner Sheriff) B. Motion to waive competitive bidding requirements and awarding a contract for the relocation of the sanitary sewer service at the D’s Marine building on Waukegan Avenue to Platinum Terrain, LLC of Spring Grove, Illinois in the amount of $57,922.94; and, the a doption of an Ordinance amending the FY20/21 Budget Water/Sewer Fund in the amount of $65,000. (Director Strange) C. Motion to award a contract for hazardous materials remov al for the demolition of the former Central Wastewater Treatment Plant to Dynamic Contracting Services, LLC of Maple Park, Illinois in the amount of $25,600; and the adoption of an Ordinance amending the FY20/21 Budget Water/Sewer Fund in the amount of $30,000. (Director Strange) 8. Discussion Items. A. 2020 Property Tax Levy (Director Lynch) 9. Staff Reports. 10. Mayor’s Report. 11. City Council Comments. 12. Executive Session if Needed. 13. Adjourn. The complete City Council packet is available for review online via the City website at www.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 Finance & Accounting Carolyn Lynch, Director McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org PRESENTATION DATE: November 2, 2020 TO: Mayor and City Council FROM: Carolyn Lynch, Finance Director RE: FY19/20 Audit ATTACHMENTS: FY19/20 SAS Letter FY19/20 Audit Report Attached is the Annual Financial Report for the year ending April 30, 2020 that was completed by the firm of Eder, Casella, and Company. The audit document was received by staff and the document includes important information about the City's results for the 2019/20 fiscal year and current financial condition. There area few areas of the report that are important to highlight. First, the Combining Schedule of Revenues, Expenditures, and Changes in Fund Balance — General Fund on page 61-62 of the audit includes the year end results and the total fund balance for the General Fund. The total fund balance is $7,033,892, which is a decrease of $221,078 over April 30, 2019. There will not be a transfer to the Capital Improvements Fund of excess Fund Balance because the required General Fund Balance is $7,730,034 (based on the revised decreased budget) per the Fund Balance and Reserve Policy. According to the policy, the General Fund unassigned balance should be approximately 120 days of the estimated operating expenditures. The Capital Improvements Fund Balance is $478,283. The budget for fiscal year 2020-21 includes approximately $105,000 capital improvement projects and $50,000 is reserved for a future tot lot, the balance is available for future projects. Second, the Statement of Revenues, Expenses and Changes in Net Position — Proprietary Funds (pg. 19) show the annual operating income and expenses for the Water and Sewer Fund. The Water and Sewer Fund has an operating income of $2,397,207. Even with this operating income, Water/Sewer rates will still need to be annually reviewed and adjusted as operating revenues have increased due to debt service fees for the IEPA loan (as well as increases to water and sewer rates). These IEPA loan fees cover principal payments that are not presented on this statement, they are presented on the Statement of Net Position. A representative from Eder, Casella and Company is in attendance to present a summary of the audit, and answer any questions Council may have. McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 CONSENT AGENDA SUPPLEMENT DATE: November 2, 2020 TO: Mayor and City Council FROM: Monte Johnson RE: Ordinance Amending Water and Sewer Capital Development Fees Per discussion at the October 19, 2020, City Council Meeting, an ordinance must be passed to enact the Water and Sewer Capital Development fees. Attached is the ordinance that corresponds to the fees discussed the previous meeting. For reference, below is the wording from the agenda supplement on this topic as well: Agenda Item Summary: Staff requests City Council to consider adopting a revised Sewer & Water Impact Fee schedule. This fee schedule will replace the current schedule adopted one year ago. The reason for the revision is that staff discovered a math error in the residential calculations by the consultant who prepared the impact fee study. Staff is recommending that the original residential fee structure be reinstated. The commercial fee structure will be revised downward per the study recommendations. Background: In 2019, Staff was directed by City Council to hire a firm to complete a study of water and sewer capital development fees. The study was finalized in December of 2019, and new capital development fees were adopted based upon the final report. Community Development has received several inquiries about development. At the time of adoption in December of 2019, the updated fees were increased above the current fee structure in most cases and were within the same order of magnitude as the previous fees and therefore seemed reasonable. Upon further review, it was discovered that the adopted fees were mistakenly inflated. This calculation error was due to the cost per household numbers 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. being multiplied by the average number of persons per household to determine the fee for each type of household despite the fact that this factor of persons in each household was already applied to the calculation. In order to come to the correct figure, each of the fees must be adjusted back by dividing the figure over the number of persons per type of household. To rectify the error, Staff has performed an additional review of the study and has requested Baxter and Woodman to correct the report, which has been completed. Staff has determined that there are two reasonable options for correcting the issue: the fees can be reverted back to the old structure, or the fees can be adjusted to the newly revised and significantly lowered fee structure included in the updated final report. Based on the discussion at the September 8th City Council meeting, staff has developed a Water and Sewer Capital Development Impact Fee structure for adoption that is projected to provide $11.6M in revenue. The Impact Fee Study has identified $6.2M in required system improvements to accommodate the future development. This leaves $5.4M to be used as contingency and for other miscellaneous improvements that may be necessary to accommodate growth. These projections are based on a 20-yr timeline (2040) and a population increase of 5,000 persons. Recommendation: Pass an Ordinance Amending Water and Sewer Capital Development Fees ORDINANCE NO. 20-38 Amending Title 9, Public Utilities, Chapter 6, Water and Sewer Capital Development Fee, Section 9-6-2: Amount of Fees WHEREAS, theCityof McHenry, McHenry County, Illinois, isa 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 9-6-2, of the Municipal Code, shall be amended as follows: 9-6-2: AMOUNT OF FEES: Effective November 1, 2020, the water and sewer capital development fee for residential and non- residential buildings shall be as indicated in the following tables. These fees shall be subject to annual Council review and may adjusted by Council at any time. A. Residential Building Uses: Effective November 1, 2020: RESIDENTIAL BUILDING USES Connection To Water Only Connection To Sewer Only Connection To Both City Water And Sewer Detached single-family: 2 bedroom or less $2,399 $2,844 $5,243 3 bedroom $4,1S7 $4,080 $9,237 4 bedroom $4,470 $5,224 $9,694 5 bedroom or more $4,470 $5,311 $9,781 Attached single-family: 1 bedroom $1,418 $1,678 $3,096 2 bedroom $2,361 $2,805 $5,166 3 bedroom $2,839 $3,437 $6,276 4 bedroom or more $3,738 $4,426 $8,164 Apartments: Efficiency $1,536 $1,827 $3,363 1 bedroom $2,085 $2,479 $4,564 2 bedroom $2,274 $2,695 $4,969 3 bedroom or more $3,627 $4,301 $7,928 B. Non -Residential Building Uses: Effective November 1, 2020: NON-RESIDENTIAL BUILDING USES Water Meter Size Connection To Water Only Connection To Sewer Only Connection To Both City Water And Sewer %" $2,590 $1,923 $4,513 1" $7,252 $5,384 $12,636 1 %" $12,432 $9,230 $21,662 2" $20,720 $15,384 $36,104 3" $46,620 $34,614 $81,234 4" $77,700 $57,690 $135,390 6" $129,500 $96,150 $225,650 8" or larger to be determined by City Staff with Council approval. C. Separate Charge For Meter Size Increase: A separate charge shall also be assessed to each user for connection to either the water or sewerage system, or to both, whenever such user increases the size of its water meter (whether to City water or otherwise); such separate charge shall be calculated by deducting the amount of the charge specified in subsection B of this section for the then existing water meter size from the amount of the charge specified in subsection B of this section for the diameter to which the water meter is to be increased. D. Fire Suppression Not Charged: Nothing in this section shall be interpreted to assess a capital development fee for fire suppression systems. (1987 Code § 26-202) SECTION 2: Subsection 9-6-2 E. shall be deleted it its entirety. SECTION 3: 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 noteffect, impair, invalidate ornullifytheremainder thereof, which remainder shall remain and continue in full force and effect. SECTION 4: All ordinances, or partsthereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 2nd day of November, 2020. Aves 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 Office of Finance & Accounting Carolyn Lynch, Director McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: November 2, 2020 TO: Mayor and City Council FROM: Carolyn Lynch, Finance Director RE: Resolution Authorizing and Approving a Disclosure Compliance Policy ATTACHMENTS: Exhibit A— Policies and Procedures for Preparing and Updating Disclosures AGENDA ITEM SUMMARY: Staff is looking for consideration and action on Policies and Procedures for Preparing and Updating Disclosures. BACKGROUND INFORMATION: The City, as an issuer of bonds, is required to continually disclose financial and other information typically required as a part of the Preliminary Official Statement and the final documents used for disclosure of all information of value to potential and current bond holders. The City also has continuing disclosure requirements as a result of bond indebtedness. The proposed Policies and Procedures for Preparing and Updating Disclosures was recommended by the City's bond counsel, Chapman and Cutler. The language in the policy addresses the requirements to complete continuing disclosure reports in connection with any bonds, notes, certificates, or other obligations. The City currently follows the regulations and steps outlined in the proposed policy. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to adopt a Resolution approving a Disclosure Compliance Policy. EXTRACT OF MINUTES of a regular public meeting of the City Council of the City of McHenry, McHenry County, Illinois, held in the City Council Chambers of the City of McHenry Municipal Center, 333 South Green Street, McHenry, Illinois, in said City, at o'clock P.M. on the day of , 2020. The meeting was called to order by the Mayor, and upon the roll being called, Wayne Jett, the Mayor, and the following Aldermen were physically present at said location: The following Aldermen were allowed by a majority of the City Council in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: No Alderman was not permitted to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: The Mayor announced that the City Council would consider a resolution adopting a disclosure compliance policy of the City. Whereupon, Alderman presented and the City Clerk read by title a resolution as follows, a copy of which was provided to each Alderman prior to said meeting and to everyone in attendance at said meeting who requested a copy: McHenry Policies & Procedures 4825-2205-9982 v2.docx 400 RESOLUTION adopting a disclosure compliance policy of the City of McHenry, McHenry County, Illinois. WHEREAS, the City Council (the "Council") of the City of McHenry, McHenry County, Illinois (the "City "), has determined that it is necessary and in the best interest of the City to ensure compliance with its responsibilities under federal securities laws, including its continuing disclosure undertakings (the "Undertakings") under Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the "Rule "), and the statements of the Securities and Exchange Commission (the "SEC") in enforcement actions; and WHEREAS, it is necessary and in the best interest of the City that the City adopt appropriate policies and procedures (the "Disclosure Policies and Procedures") and training to enable the City to create accurate disclosures with respect to its (i) preliminary official statements, final official statements and any supplements or amendments thereto, disseminated by the City pursuant to the issuance by the City of any bonds, notes, certificates or other obligations, (ii) Financial Information, as required by and defined in the Undertakings to be filed with the Municipal Securities Rulemaking Board's Electronic Municipal Market Access ("EMMA ") system, and (iii) notices of Material Events or Reportable Events, each as defined in the Undertakings, and any other required or voluntary disclosures to EMMA: Now, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of McHenry, McHenry County, Illinois, as follows: Section 1. The Council hereby finds that all of the recitals contained in the preambles to this Resolution are full, true and correct and does incorporate them into this Resolution by this reference. Section 2. The Council and the City hereby adopt the Disclosure Policies and Procedures attached as Exhibit A hereto and made a part hereof and, in doing so, amend any similar disclosure policies and procedures heretofore adopted. Section 3. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 4. All resolutions or parts thereof in conflict herewith be and the same are hereby repealed and this Resolution shall be in full force and effect forthwith upon its adoption. Attest: Adopted , 2020. City Clerk, City of McHenry, McHenry County, Illinois Mayor, City of McHenry, McHenry County, Illinois -2- EXHIBIT A CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS (THE "CITY"q POLICIES AND PROCEDURES FOR PREPARING AND UPDATING DISCLOSURES Pursuant to the City's responsibilities under the securities laws, including its continuing disclosure undertakings (the "Undertakings") under Rule 15c2-12 of the Securities Exchange Act of 1934, as amended, and the Securities and Exchange Commission's statements in enforcement actions, it is necessary and in the best interest of the City that the City's (i) preliminary and final official statements or offering circulars and any supplements or amendments thereto (collectively, the "Official Statements "), disseminated by the City in connection with any bonds, notes, certificates or other obligations, (ii) Annual Financial Information or Financial Information, as required by and defined in the Undertakings (the "Annual Financial Information ") to be filed with the Municipal Securities Rulemaking Board's ("MSRB ") Electronic Municipal Market Access ("EMMA ") system, and (iii) notices of Material Events or Reportable Events, each as defined in the Undertakings, and any other required or voluntary disclosures to EMMA (each, an "EMMA Notice ") comply in all material respects with the federal securities laws. Further, it is necessary and in the best interest of the City that the City adopt policies and procedures to enable the City to create accurate disclosures with respect to its (i) Official Statements, (ii) Annual Financial Information, and (iii) EMMA Notices. Official Statements, Annual Financial Information and EMMA Notices are collectively referred to herein as the "Disclosures. " In response to these interests, the City hereby adopts the following policies and procedures (the "Disclosure Policy"): (a) Disclosure Officer. The Finance Director of the City (the "Disclosure Officer ") is hereby designated as the officer responsible for the procedures related to Disclosures as hereinafter set forth (collectively, the "Disclosure Procedures "). (b) Disclosure Procedures: Official Statements. Whenever an Official Statement will be disseminated in connection with the issuance of obligations by the City, the Disclosure Officer will oversee the process of preparing the Official Statement pursuant to the following procedures: l . The City shall select (a) the working group for the transaction, which group may include outside professionals such as disclosure counsel, a municipal advisor and an underwriter (the "Working Group ") and (b) the member of the Working Group responsible for preparing the first draft of the Official Statement. 2. The Disclosure Officer shall review and make comments on the first draft of the Official Statement. Such review shall be done in order to determine that the Official Statement does not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made in the Official Statement not misleading. Particular attention shall be paid to the accuracy of all descriptions, significant information and financial data regarding the City. Examples include confirming that information relating to the City, including but not limited to demographic changes, the addition or loss of major employers, the addition or loss of major taxpayers or any other material information within the knowledge of the Disclosure Officer, is included and properly disclosed. The Disclosure Officer shall also be responsible for ensuring that the financial data presented with regard to the City is accurate and corresponds with the financial information in the City's possession, including but not limited to information regarding bonded indebtedness, notes, certificates, outstanding leases, tax rates or any other financial information of the City presented in the Official Statement. 3. After completion of the review set forth in 2. above, the Disclosure Officer shall (a) discuss the first draft of the Official Statement with the members of the Working Group and such staff and officials of the City as the Disclosure Officer deems necessary and appropriate and (b) provide comments, as appropriate, to the members of the Working Group. The Disclosure Officer shall also consider comments from members of the Working Group and whether any additional changes to the Official Statement are necessary or desirable to make the document compliant with the requirements set forth in 2. above. 4. The Disclosure Officer shall continue to review subsequent drafts of the Official Statement in the manner set forth in 2. and 3. above. 5. If, in the Disclosure Officer's reasonable judgment, the Official Statement does not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made in the Official Statement not misleading, the Official Statement may, in the reasonable discretion of the Disclosure Officer, be released for dissemination to the public; provided, however, that the use of the Official Statement must be ratified, approved and authorized by the City Council of the City (the "Council"). A-2 (c) Disclosure Procedures: Annual Financial Information. The Disclosure Officer will oversee the process of preparing the Annual Financial Information pursuant to these procedures: 1. By October 15th of each year (the same being at least 30 days prior to the last date on which the Annual Financial Information is required to be disseminated pursuant to the related Undertaking, the Disclosure Officer shall begin to prepare (or hire an agent to prepare) the Annual Financial Information. The Disclosure Officer shall also review the audited or unaudited financial statements, as applicable, to be filed as part of the Annual Financial Information (the "Financial Statements "). In addition to the required updating of the Annual Financial Information, the Disclosure Officer should consider whether additional information needs to be added to the Annual Financial Information in order to make the Annual Financial Information, including the Financial Statements, taken as a whole, correct and complete in all material respects. For example, if disclosure of events that occurred subsequent to the date of the Financial Statements would be necessary in order to clarify, enhance or correct information presented in the Financial Statements, in order to make the Annual Financial Information, taken as a whole, correct and complete in all material respects, disclosure of such subsequent events should be made. 2. If, in the Disclosure Officer's reasonable judgment, the Annual Financial Information, including the Financial Statements, is correct and complete in all material respects, the Disclosure Officer shall file the Annual Financial Information with EMMA (or confirm that such filing is completed by any agent hired by the City for such purpose) within the timeframe allowed for such filing. (d) Disclosure Procedures: Reportable Events. The Disclosure Officer will prepare (or hire an agent to prepare) Reportable Event Disclosure and file the same with EMMA (or confirm that such filing is completed by an agent hired by the City for such purpose) in a timely manner (not in excess of ten business days after the occurrence of the Reportable Event). Incurrence of a Financial Obligation, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation, any of which affect security holders, if material, is a Reportable Event. Upon the incurrence of any Financial Obligation, as such term is defined in the Undertaking, the Disclosure Officer shall review such Financial Obligation and assess whether such Financial Obligation is material. If, in connection with such Financial Obligation, the City has agreed to any covenant, event of default, remedy, priority right or other similar term which affects security holders, the Disclosure Officer shall further review such term and assess whether the same is material. The Disclosure Officer shall prepare a summary of such review. If, in the Disclosure Officer's reasonable judgment, following consultation with financial or legal professionals as necessary, such Financial Obligation and/or term of such Financial Obligation is deemed material, the Disclosure Officer shall file a summary of such Financial Obligation (or the entire financing document, provided that confidential or sensitive information may be redacted to the extent such redaction does not prevent all A-3 material terms from being disclosed) with EMMA not in excess of ten business days after the incurrence of such Financial Obligation. (e) Disclosure Procedures: EMMA Notices. Whenever the City determines to file an EMMA Notice, or whenever the City decides to make a voluntary filing to EMMA, the Disclosure Officer will oversee the process of preparing the EMMA Notice pursuant to these procedures: 1. The Disclosure Officer shall prepare (or hire an agent to prepare) the EMMA Notice. The EMMA Notice shall be prepared in the form required by the MSRB. 2. In the case of a disclosure required by an Undertaking, the Disclosure Officer shall determine whether any changes to the EMMA Notice are necessary to make the document compliant with the Undertaking. 3. If, in the Disclosure Officer's reasonable judgment, the EMMA Notice is correct and complete and, in the case of a disclosure required by an Undertaking, complies with the Undertaking, the Disclosure Officer shall file the EMMA Notice with EMMA (or confirm that such filing is completed by any agent hired by the City for such purpose) within the timeframe allowed for such filing. (f) Additional Responsibilities of the Disclosure Officer. The Disclosure Officer, in addition to the specific responsibilities outlined above, shall have general oversight of the entire disclosure process, which shall include: 1. Maintaining appropriate records of compliance with this Disclosure Policy (including proofs of EMMA filings) and decisions made with respect to issues that have been raised; 2. Evaluating the effectiveness of the procedures contained in this Disclosure Policy; and 3. Making recommendations to the Council as to whether revisions or modifications to this Disclosure Policy are appropriate. (g) General Principles. 1. All participants in the disclosure process should be encouraged to raise potential disclosure items at all times in the process. 2. The process of revising and updating the Disclosures should not be viewed as a mechanical insertion of current numbers. While it is not anticipated that there will be major changes in the form and content of the Disclosures at the time of each update, the Disclosure Officer should consider whether such changes are necessary or desirable in order to make sure the Disclosure does not make any untrue statement of a material fact or omit to state a material fact necessary or desirable, in order to make the statements made, in light of the circumstances in which they were made, not misleading at the time of each update. 3. Whenever the City releases information, whether in written or spoken form, that may reasonably be expected to reach investors, it is said to be "speaking to the market." When speaking to the market, City officials must be sure that the released information does not make any untrue statement of a material fact or omit to state a material fact necessary or desirable, in order to make the statements made, in light of the circumstances in which they were made, not misleading. 4. While care should be taken not to shortcut or eliminate any steps outlined in this Disclosure Policy on an ad hoc basis, the review and maintenance of the Disclosures is a fluid process and recommendations for improvement of these Disclosure Procedures should be solicited and regularly considered. 5. The Disclosure Officer is authorized to request and pay for attendance at relevant conferences or presentations or annual training sessions conducted by outside counsel, consultants or experts in order to ensure a sufficient level of knowledge for the effective administration of this Disclosure Policy. A-5 Alderman moved and Alderman seconded the motion that said resolution as presented and read by title be adopted. After a full discussion thereof, the Mayor directed that the roll be called for a vote upon the motion to adopt said resolution. Upon the roll being called, the following Aldermen voted AYE: and the following Aldermen voted NAY: Whereupon the Mayor declared the motion carried and said resolution adopted, approved and signed the same in open meeting and directed the City Clerk to record the same in full in the records of the City Council of the City of McHenry, McHenry County, Illinois, which was done. Other business not pertinent.to the adoption of said resolution was duly transacted at said meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF MCHENRY ) CERTIFICATION OF MINUTES AND RESOLUTION I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of McHenry, McHenry County Illinois (the "City"), and as such officer I am the keeper of the books, records, files, and journal of proceedings of the City and of the City Council thereof (the "Council"). I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the meeting of the City Council held on the day of , 2020 RESOLUTION adopting a disclosure compliance policy of the City of McHenry, McHenry County, Illinois. a true, correct and complete copy of which said resolution as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Council on the adoption of said resolution were taken openly, that the vote on the adoption of said resolution was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that an agenda for said meeting was posted at the principal office of the Council at least 48 hours in advance of the holding of said meeting, that said agenda contained a separate specific item concerning the proposed adoption of said resolution, a true, correct and complete copy of said agenda as so posted being attached to this certificate as Exhibit A, that at least one copy of said agenda was continuously available for public review during the entire 48-hour period preceding said meeting, that said meeting was called and held in strict accordance with the provisions of the Illinois Municipal Code, as amended, and the Open Meetings Act of the State of Illinois, as amended, and that the Council has complied with all of the applicable provisions of said Code and said Act and its procedural rules in the adoption of said resolution. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City, this day of , 2020. City Clerk [SEAL] Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: November 2, 2020 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Riverwalk Sewer Relocation Project, Engineering Services ATT: 1. Professional Engineering Services Agreement 2. Consultant Scope and Fee 3. Project Location Map AGENDA ITEM SUMMARY: Staff requests City Council to consider the award of a Professional Engineering Services Agreement to Robinson Engineering Ltd. for design services for the Riverwalk Sewer Relocation Project. BACKGROUND: In recent years, the seawall along the south shore of the Boone Lagoon west of the Green Street Bridge has failed. Due to concerns over the proximity of an aging clay sanitary sewer adjacent to the seawall, the repair has been deferred for some number of years. Originally, the pipe was to be abandoned when the Millstream Lift Station Consolidation Project was completed at a cost of $2,000,000. However, this project has since been deferred as the serviceability of the system has proven to be much more sufficient than originally assumed. Alternative analysis was performed in order to determine what options the City had with regard to the future maintenance and operation of the Millstream Lift Station and downstream sanitary sewers. Now that the pipe will remain in place, a minor realignment of the pipe has been determined by staff to be the preferred alternative which will allow for the completion of the sheet pile repair and ultimately the construction of the western section of the McHenry Riverwalk. Staff estimates the construction costs for the installation of the new pipe to be $75,000. This project was included in the FY20/21 Budget for a project total of $100,000 in Water -Sewer Funds for both engineering and construction. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. ANALYSIS: City Staff has selected Robinson Engineering, Ltd. to provide Professional Engineering Design Services for the realignment project and has developed a scope and fee for design services for the project. The scope of work includes project startup, soil borings, utility investigation, topographical survey, preparation of plans and specifications, permit applications, bidding assistance, and preparation of easement documents. Due to the proximity to the Boone Lagoon, costs for permitting and soil investigation are a large portion of the total. Additionally, approximately $10,000 in the scope are fees associated with preparation of easements which are necessary for both the future construction of the Riverwalk and the relocation of the pipe. The fee of $38,900 has been reviewed by staff and has been found to be acceptable. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award the attached Professional Engineering Services Agreement to Robinson Engineering, Ltd. in the amount of $38,900.00 for the Riverwalk Sewer Relocation Project. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. City of McHenry Professional Services Contract Professional Services Contract Between The City Of McHenry And Robinson Engineering, Ltd. For Professional Engineering Services For the Riverwalk Sewer Relocation Project Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between The City of McHenry And Robinson Engineering, Ltd. For Professional Engineering Services For the Riverwalk Sewer Relocation Project TABLE OF CONTENTS Page ARTICLE 1. THE SERVICES........................................................................................................ I 1.1 Intent........................................................................................................................1 1.2 Services....................................................................................................................1 1.3 Project Time............................................................................................................1 1.4 Term; Extensions.....................................................................................................1 1.5 Other Contracts........................................................................................................1 1.6 Responsibility of Consultant to Perform.................................................................1 1.7 Financial Ability to Perform.................................................................................... 2 ARTICLE 2. COMPENSATION AND PAYMENT......................................................................2 2.1 Pricing Schedule...................................................................................................... 2 2.2 Monthly Payment; Invoices.....................................................................................2 2.3 Taxes........................................................................................................................2 2.4 Final Payment..........................................................................................................2 2.5 Deductions............................................................................................................... 3 2.6 Use of Deducted Funds........................................................................................... 3 2.7 Keeping Books and Accounts..................................................................................3 ARTICLE 3. PERFORMANCE OF SERVICES............................................................................3 3.1 Standard of Performance......................................................................................... 3 3.2 Correction of Defects............................................................................................... 3 3.3 Risk of Loss............................................................................................................. 4 3.4 Opinions of Probable Cost.......................................................................................4 3.5 City Responsibilities................................................................................................4 3.6 Time of the Essence................................................................................................. 5 Revised 5/22/17 City 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 ARTICLE5. INSURANCE............................................................................................................ 6 5.1 Insurance.................................................................................................................. 6 5.2 Scope of Coverage; Minimum Limits of Coverage ................................................. 6 5.3 Deductibles and Self -Insured Retentions................................................................ 6 5.4 Additional Requirements......................................................................................... 6 5.5 Verification of Coverage......................................................................................... 7 5.6 Sub -Consultants and Suppliers................................................................................ 8 ARTICLE 6. INDEMNIFICATION............................................................................................... 8 6.1 Agreement to Indemnify.......................................................................................... 8 6.2 No Limit Based on Insurance.................................................................................. 8 6.3 Withholding Payment.............................................................................................. 8 6.4 Limit on Duty to Indemnify..................................................................................... 8 ARTICLE7. ARBITRATION........................................................................................................ 8 7.1 Arbitration............................................................................................................... 8 ARTICLE8. 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................................................................................. I I Revised 5/22/17 City of McHenry Professional Services Contract 9.9 Survival of Terms..................................................................................................11 9.10 Assignments..........................................................................................................11 9.11 Amendments..........................................................................................................11 9.12 Governing Law......................................................................................................11 9.13 Compliance with Laws, Grant Regulations...........................................................11 9.14 Representation of No Conflicts.............................................................................11 9.15 No Collusion..........................................................................................................11 Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between The City of McHenry And Robinson Engineering, Ltd. For Professional Engineering Services For the Riverwalk Sewer Relocation Project This contract (the "Contract") is dated as of November 2, 2020 (the "Effective Date") and is by and between the City of McHenry, an Illinois municipal corporation, (the "City") and Robinson 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 on Pages 1-3 of Robinson Engineering, Ltd. "Services" section included in attached Proposal. 1.3 Project Time. The Services will be performed according to the following schedule ("Project Schedule"): Proposed Schedule is identified on Page 4 of Robinson Engineering, Ltd. "Project Schedule" section included in attached Proposal. The Services will be completed on or before August 27, 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 December 31, 2021 unless terminated earlier pursuant to Article 8 of this Contract (the "Term"). All terms of this Contract, including without limitation pricing terms, are firm during the Term, unless as embodied in an amendment to this Contract in accordance with Section 9.15. The Parties may extend this Contract for two additional one-year periods (each an "Extended Term"). Pricing terms may be adjusted by written agreement at the beginning of an Extended Term. 1.5 Other Contracts. The City may enter into agreements with other consultants, pursuant to which the City may award work from time to time at the City's discretion. 1.6 Responsibility of Consultant to Perform. The Consultant must provide all personnel necessary to complete the Services. The Consultant must perform the Services with its own personnel City of McHenry Professional Services Contract and under the management, supervision, and control of its own organization unless otherwise approved by the City in writing. All sub -consultants and supplies used by the Consultant in the performance of Services must be acceptable to, and approved in advance by, the City. The City's approval of any sub -consultant or supplier will not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services in full compliance with, and as required by or pursuant to, this Contract. All Services performed by any sub -consultant or supplier are subject to all of the provisions of this Contract in the same manner as if performed directly by the Consultant. If any sub -consultant or supplier fails to properly perform any Services undertaken by it in compliance with this Contract, then the Consultant, immediately on notice from the City, must remove that sub -consultant or supplier and undertake the Services itself or replace the sub - consultant or supplier with a sub -consultant or supplier acceptable to the City. The Consultant will have no claim for damages, for compensation in excess of the Compensation, or for delay or extension of the Project Schedule as a result of any such removal or replacement. 1.7 Financial Ability to Perform. When executing this Contract, the Consultant represents and declares that it is financially solvent, has the financial resources necessary, has sufficient experience and competence, and has the necessary capital, facilities, organization, and staff necessary to provide, perform, and complete the Services set forth in this Contract in full compliance with, and as required by or pursuant to, this Contract. ARTICLE 2. COMPENSATION AND PAYMENT 2.1 Pricing Schedule. As compensation for the performance of the Services ("Compensation"), the City will pay the Consultant the following amounts and in the following manner: Proposed Pricing is identified on Page 3 of Robinson Engineering, Ltd. "Compensation" section included in attached Proposal. Except for the Compensation, the City will have no liability for any expenses or costs incurred by the Consultant. 22 Monthly Payment; Invoices. The Compensation will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, a written invoice for payment for completed work. The City may specify the specific day of the month on or before which invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary to reasonably establish the Consultant's right to payment of the Compensation stated in the invoice. In addition, each invoice must include (a) employee classifications, rates per hour, and hours worked by each classification and, if the Services are to be performed in separate phases, for each phase, (b) total amount billed in the current period and total amount billed to date and, if the Services are to be performed in separate phases, for each phase, and (c) the estimated percent completion of the Services and, if the Services are to be performed in separate phases, for each phase. 23 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. The Consultant will never have a claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or -2- City of McHenry Professional Services Contract fees. 2.4 Final Payment. The Services will be considered complete on the date of final written acceptance by the City of the Services or the relevant phase of the Services. Services related to a submission of the Consultant will be deemed accepted by the City if the City does not object to those Services in writing within 30 days after the submission by the Consultant of an invoice for final acceptance and payment The City will make final payment to the Consultant within 30 days after final acceptance of the Services, after deducting therefrom charges, if any, as provided in this Contract ("Final Payment"). The acceptance by the Consultant of Final Payment will operate as a full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the Final Payment. 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. 2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and reasonable attorneys' fees (collectively "Costs") incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the Term and for a period of five years after termination of this Contract. Copies of such material must be furnished to the City at the City's request and expense. ARTICLE 3. PERFORMANCE OF SERVICES 3.1 Standard of Performance. The Consultant must perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the Chicago Metropolitan Region ("Standard of Performance"). The Consultant is fully and solely responsible for the quality, technical accuracy, completeness, and coordination of all Services. All plans and other documents furnished by the Consultant shall be endorsed and stamped with professional seals when such seals are required by law. 32 Correction of Defects. The Consultant must provide, for no additional Compensation and at no separate expense to the City, all work required to correct any defects or deficiencies in the -3- City of McHenry Professional Services Contract performance of Services, regardless of whether the defect or deficiency relates to the work of the Consultant or of the Consultant's sub -consultants or suppliers. 33 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The Consultant is responsible for any and all damages to property or persons arising from any Consultant error, omission, or negligent act and for any losses or costs to repair or remedy any work undertaken by the City based on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other provision of this Contract, the Consultant's obligations under this Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the Consultant, to indemnify, hold harmless, or reimburse the Consultant for damages, losses, or costs. 34 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the City has control over the costs of labor, materials, equipment, or services furnished by others or over competitive bidding, market or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, any opinions of probable costs provided under this Contract are considered to be estimates only, made on the basis of the Consultant's experience and qualifications, and those opinions represent the Consultant's best judgment as an experienced and qualified professional, familiar with the industry. The Consultant does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by the Consultant. 35 Ci , Responsibilities. The City, at its sole cost and expense, will have the following responsibilities: (a) To designate in writing a person with authority to act as the City's representative with respect to the Services. In the absence of a written designation, the City's representative will be the City Administrator. The City's representative will have the authority to act on behalf of the City except on matters that require approval of the City Council. (b) To provide to the Consultant all criteria and information about the requirements for the Services, including, as relevant, the City's objectives and constraints, schedule, space, capacity and performance requirements, and budgetary limitations. (c) To provide to the Consultant existing studies, reports, and other available data relevant to the Services. (d) To arrange for access to, and make provisions for the Consultant to enter on, public and private property as reasonably required for the Services. (e) To provide, as relevant, surveys describing physical characteristics, legal limitations, and utility locations for the Services and the services of other consultants when the services of other consultants are requested by the Consultant and are necessary for the performance of the Services. (f) To provide structural, mechanical, chemical, air and water tests, tests for hazardous materials, and other laboratory and environmental tests, inspections, and reports required by law to be provided by the City in connection with the Services, except the extent such tests, inspections, or reports are part of the Services. (g) To review reports, documents, data, and all other information presented by the 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. 0) To attend meetings related to the Services. (k) To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Contract. 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 4.4 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. 5.2 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 beat 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. 0 City of McHenry Professional Services Contract 54 Additional Requirements. The insurance policies must contain, or be endorsed to contain, the following provisions: (a) Commercial General Liability and Automobile Liability Coverage. The City and its officials, officers, employees must be covered as additional insured as respects: liability arising out of the Consultant's work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials, officers, employees, and agents. (b) Primary Coverage. The insurance coverage must be primary with respect to the City and its officials, officers and employees. Any insurance or self-insurance maintained by the City and its officials, officers, employees, and agents will be excess of the Consultant's insurance and will not contribute with it. (c) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. (d) Umbrella Policies. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Consultant must name the City and its officials, officers and employees, as additional insured under the umbrella policy. (e) Occurrence Form. All general liability coverage must be provided on an occurrence policy form. Claims -made general liability policies are not acceptable. 0 Workers' Compensation and Employers' Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, officers, employees, and agents for losses arising from work performed by the Consultant. (g) Professional Liability. If the policy is written on a claims -made form, the retroactive date must be equal to or preceding the effective date of this Contract. If the policy is cancelled, non - renewed, or switched to an occurrence form, then the Consultant must purchase supplemental extending reporting period coverage for a period of not less than three years after the date of substantial completion. (h) All Coverage. Each insurance policy required must have the City expressly endorsed onto the policy as a Cancellation Notice Recipient. If a policy is canceled before the expiration date of that policy, then notice must be delivered to the City in accordance with the policy provisions prior to the expiration date. QQ 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. 0) 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 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 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 -8- City of McHenry Professional Services Contract thereof. The parties agree that an arbitration award by default may be entered upon the parry failing to appear or defend itself in any arbitration proceeding. In the event of any arbitration or litigation of this Contract, the non -prevailing party, as determined by the arbiter or court, shall pay all expenses incurred by the prevailing party, including, but not limited to (a) attorney's fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. ARTICLE 8. TERMINATION 8.1 Contract is At -Will. This Contract is at -will and may be terminated by the City at any time at the City's convenience, without reason or cause. If the City terminates this Contract without reason or cause, then the Consultant will be entitled to Compensation for all Service performed by the Consultant up to the date of termination. The Consultant is not entitled to any consequential damages, including without limitation for lost profit, for any Services not performed by the Consultant. 82 Termination by City for Breach. The City at any time, by written notice providing Consultant with 10 days' to cure any alleged breach hereof, may terminate this Contract of breach by the Consultant and of one or more terms of this agreement. "Breach" by the Consultant includes (a) failure of the Consultant to adhere to any terms or conditions of this Contract, (b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the performance of Services so as to endanger proper performance of the Services within the Project Schedule, (d) failure of the Consultant to have or maintain adequate resources to complete any Services. 83 City Remedies. If the City terminates this Contract for Breach by the Consultant, then the City will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: (a) The City may recover from the Consultant any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. (b) The City may withhold any or all outstanding Compensation to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. In that event, the City will pay any excess funds to the Consultant, if any, after all of the City's costs are reimbursed or paid. If the Compensation withheld by the City is insufficient to reimburse the City for, or pay, all costs, then the City will has the right to recover directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining costs. 8.4 Termination by Consultant for Breach. The Consultant at any time, by written notice, terminate this Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or such further time as the Consultant may agree, in the Consultant's sole discretion, in response to a written notice from the City seeking additional time to cure. 0 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: City Administrator City of McHenry 333 S. Green Street McHenry, Illinois 60050 with a copes Public Works Director Public Works Department 1415 Industrial Drive McHenry, Illinois 60050 Kill City of McHenry Professional Services Contract If to the Consultant: with a copes or to such other address as the party to whom notice is to be given has furnished in writing. 9.7 No Waiver by City. No act, order, approval, acceptance, or payment by the City, nor any delay by the City in exercising any right under this Contract, will constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or incomplete Services or operate to waive any requirement or provision of this Contract or any remedy, power, or right of the City. 9.8 No Third -Party Beneficiaries. This Contract is for the benefit of the City and the Consultant only and there can be no valid claim made or held against the City or the Consultant by any third party to be a beneficiary under this Contract. 9.9 Survival of Terms. The following sections will survive the termination of this Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9. 9.10 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 -11- City of McHenry Professional Services Contract any person employed by the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract, and (3) neither the Consultant nor any person employed by or associated with the Consultant may at any time during the Term obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 9.15 No Collusion. The Consultant represents that the Consultant is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is properly contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-3 or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Contract and that this Contract is made without collusion with any other person, firm, or corporation. WHEREFORE, the City and the Consultant have caused this Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF MCHENRY By: Name: Troy Strange Title: Public Works Director Date: Robinson Engineering, Ltd. By: Name: Title: Date: -12- City of McHenry Professional Services Contract ATTACHMENT A SERVICES CHANGE ORDER NO. _ In accordance with Section 4.1 of the Contract dated Consultant, the Parties agree to the following Services Change Order: 1. Change in Services: 2. Change in Project Schedule (attach schedule if appropriate): 20 between the City and the 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. 120 City Administrator Date If compensation change greater than $10,000, then City Council approval and Mayor signature required. ,20 Mayor Date -1- U04 0Robinson ENG October 15, 2020 To: City of McHenry Public Works Department 1415 Industrial Drive McHenry, Illinois 60050 Attn: Mr. Troy Strange, PE Director of Public Works RE: RIVERWALK SEWER RELOCATION PROJECT ENGINEERING SERVICES — PROPOSAL Dear Mr. Strange: Robinson Engineering, Ltd. (REL) is pleased to present a proposal to perform professional engineering services related to the Riverwalk Sewer Relocation Project. REL appreciates this opportunity to participate in this project that is important to the City of McHenry (City). We take great pride in partnering with our clients to achieve their goals, and sincerely appreciate the opportunity to offer our expertise and dedication on this project. PROJECT UNDERSTANDING The City has identified a portion of existing 10-inch clay sanitary sewer that is in poor condition and is in potential conflict with future plans for the Riverwalk. The purpose of the project is to construct approximately 300-feet of 12- inch sanitary sewer farther away from the seawall on the south side of Boone Creek and not in conflict with future plans for the Riverwalk. Our proposed services, compensation, and project schedule are based upon the preliminary sanitary sewer alignment depicted in the City's Riverwalk Sewer Replacement memorandum dated September 21, 2020. However, the City may want to consider a slight modification to the preliminary sanitary sewer alignment to be in a more favorable position in the future to route the sanitary sewer around the building located at 1111 N. Green Street and be able to abandon the sanitary sewer that runs beneath the building. Also, if encountering groundwater that is hydraulically connected to Boone Creek is or becomes a concern, the City may want to consider completing the construction during the winter drawdown of the Fox River and Chain O'Lakes. SERVICES A. SITE VISIT A site visit will be conducted by REL staff. Photographs of the area in which the proposed sanitary sewer is to be installed will be taken to document existing conditions. This site visit will supplement any information that the City provides and the topographic survey. It is our strong opinion gained through experience on similar projects that meticulous data gathering, on -site experience, and face-to-face conversations are key components in a successful design process. 26575 West Commerce Drive, Suite 512, Volo, IL 60073 1 phone:(815) 806-03001 fax: (815) 806-0301 1 www.reltd.com B. TOPOGRAPHIC SURVEY BEL will set horizontal and vertical control points for design, topographic, and construction surveys. BEL will perform field survey work to locate all surface features within the project area to prepare a detailed topographic survey. Existing utilities that are visible at the surface will be located and documented in the topographic survey for use in design. Any City storm sewer and sanitary sewer within the project area will have lids opened and inverts measured and documented. All other public utilities within the project area will be located only if marked at the surface by the respective utility or J.U.L.I.E. BEL will determine property and right-of-way information based on monuments located in the project area. BEL will prepare topographic survey base maps sufficient for the engineering plan development. C. EASEMENT PREPARATION BEL will make a recommendation for the limits of a permanent municipal utility easement within which the proposed sanitary sewer will be located. BEL will also make a recommendation for the limits of a proposed temporary construction easement (if required). BEL will prepare legal descriptions and exhibits of the proposed easements and will deliver these documents to the City for inclusion in conveyance documents to be negotiated between and created by counsel representing the City and each property owner. The City shall subsequently have the documents executed and recorded. BEL will obtain title commitment documents for the four (4) properties within which the proposed sanitary sewer will be located. Three (3) plat of easement exhibits will be provided: • PIN 09-26-308-018 and 09-26-380-019 (Ed Neumann properties) • PIN 09-26-380-020 (School District 15 property) • PIN 09-26-380-016 (Amcore Investment Group property) D. PREPARATION OF ENGINEERING PLANS AND SPECIFICATIONS Based on the above data gathered, the design will proceed and contract documents will be prepared. The sanitary sewer will be designed in accordance with Illinois Administrative Code, Title 35, Subtitle C, Chapter II, Part 370, Subpart C. Design of Sewers, along with City of McHenry standards. An underground utilities design location request will be submitted to J.U.L.I.E. Underground utilities location information provided by the utility owners will be incorporated into the engineering plans. BEL will prepare final engineering plans, construction specifications, contract documents, and an engineer's probable cost of construction. BEL will provide the City with 90% complete design documents for review. The City's comments will then be integrated to produce final design documents to be provided to the City for public bidding. BEL will obtain one (1) soil boring along the proposed sanitary sewer route and provide a geotechnical report on the soil conditions encountered. BEL will attend up to three (3) meetings at the City and/or at the project site. 26575 West Commerce Drive, Suite 512, Volo, IL 60073 1 phone:(815) 806-0300 1 fax: (815) 806-0301 1 www.reltd.com E. REGULATORY AGENCY COORDINATION AND PERMITTING Permitting and coordination will be required with the Illinois Environmental Protection Agency (IEPA) to obtain a construction permit. REL will assist the City in preparing the necessary permit application forms and supplementary documentation to obtain this permit. Permitting and coordination will be required with the US Army Corps of Engineers (USACE) and other state agencies to obtain the necessary permits for construction within a regulatory flood hazard area. REL will assistthe City in preparing the necessary permit application forms and supplementary documentation to obtain these permits. F. BIDDING ASSISTANCE REL will provide responses to requests for information and assist with issuing addenda during the public bidding process. All other public bidding related functions will be performed by the City. G. CONSTRUCTION ENGINEERING ASSISTANCE REL will provide responses to Contractor requests for information and shop drawing review if requested by the City. All other construction engineering and observation functions will be performed by the City. COMPENSATION Preparation of Engineering Plans and Specifications $15,100.00 Topographical Survey, Boundary Survey, and Easement Exhibits $ 8,600.00 Title Commitments (Wheatland Title Company, $750 / property x 4 properties) $ 3,000.00 Miscellaneous Documents Identified by Title Search ($50 / property x 4 properties) $ 200.00 USACE Joint Permitting & Wetland Delineation (Hey & Associates) $ 4,000.00 Soil Boring & Geotechnical Report (Geocon Professional Services) $ 4,000.00 Bidding Assistance $1,500.00 Construction Engineering Assistance 82,500.00 Total: $38,900.00 REL proposes to perform the listed Services on a time and material basis for a not to exceed fee of $38,900.00. This fee is based on our understanding of the project and experience with similar projects. 26575 West Commerce Drive, Suite 512, Volo, IL 60073 1 phone:(815) 806-03001 fax: (815) 806-0301 1 www.reltd.com PROJECT SCHEDULE Our tentative project schedule is subject to change based on when notice to proceed is actually received, weather / ground conditions for survey and wetland delineation, regulatory agency review delays, etc. Task Contract Approval by City Council & Notice to Proceed (1 day) Site Visit (1 day) Topographic Survey (1 day) Easement Preparation (10 weeks) Preparation of Engineering Plans and Specifications (12 weeks) Regulatory Agency Coordination and Permitting (12 weeks) Bidding Assistance (4 weeks) Construction Award (Based on City Council meeting schedule) Construction Contract & Insurance (4 weeks) Construction Engineering Assistance (8 weeks) PROJECT TEAM Complete 11/16/2020 11/23/2020 11/30/2020 02/05/2021 02/19/2021 04/30/2021 05/28/2021 06/07/2021 07/02/2021 08/27/2021 The project team being proposed was developed based upon current workload, forecasted workload, and the ability to meet the project schedule. Project Manager John J. Beissel, PE Assistant Project Manager Paul R. Ruscko, PE Project Engineer Jairo M. Rodriguez CIA/QC Survey &Easements CAD USACE Permitting Geotechnical Paul R. Ruscko, PE Randell E. Gann, PLS Andrew P. Gulden Hey &Associates Geocon Professional Services Title Commitments Wheatland Title Company 26575 West Commerce Drive, Suite 512, Volo, IL 60073 1 phone:(815) 806-03001 fax: (815) 806-0301 1 www.reltd.com STANDARD TERMS AND CONDITIONS REL's Standard Terms and Conditions for this proposal are attached hereto and incorporated herein. We thank you for the opportunity to submit this proposal for your consideration. Please feel free to call me at (224) 908-3981 or email me at pruscko@reltd.com with any questions regarding this proposal, or if any additional information is needed. Very truly yours, 1f114(Wz- Paul R. Ruscko, PE Senior Project Manager (224) 908-3981 pruscko@reltd.com reltd.com ACCEPTED AND APPROVED: CITY OF MCHENRY, ILLINOIS By: Signature By: Printed Name Title: Date: 26575 West Commerce Drive, Suite 512, Volo, IL 60073 1 phone:(815) 806-0300 1 fax: (815) 806-0301 1 www.reltd.com ROBINSON ENGINEERING, LTD ("REL") STANDARD TERMS AND CONDITIONS CONTRACT — These Standard Terms and Conditions may be amended, added to, superseded, or waived only if both REL and Client specifically agree in writing to any amendment of these Terms and Conditions ("Agreement"). STANDARD OF CARE - The standard of care for all professional engineering, survey or related professional services performed or furnished by REL under this Agreement will be the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. REL makes no warranties, express or implied, under this Agreement or otherwise, in connection with REL's services on this Project. RELIANCE — REL may, without liability, rely on the accuracy and completeness of information provided by Client, Client's consultants and any contractors, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards without the need for verification. CHANGES IN SCOPE —The proposed fees constitute REL's estimate to perform the services required to complete the Project. However, all required services are not always definable in the initial planning. Accordingly, circumstances may dictate a change in the scope of services to be performed. Where this occurs, changes in the Agreement shall be negotiated, an equitable adjustment shall be made to REL's compensation and agreed to in writing by REL and Client. DELAYS — REL shall complete its obligations within a reasonable time. If, through no fault of REL, such periods of time or dates are changed, or the orderly and continuous progress of REL's services is impaired, or REL's services are delayed or suspended, then the time for completion of REL's services, and the rates and amounts of REL's compensation, shall be adjusted equitably. SUSPENSION & TERMINATION — Client may suspend the Project upon seven (7) days written notice to REL. If REL's services are substantially delayed through no fault of REL, REL may suspend services after giving seven (7) days written notice to Client. Either party may terminate this agreement upon thirty (30) days written notice to the other party in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Client shall remain liable for, and shall promptly pay REL for all services rendered to the date of such suspension/termination of services plus suspension/termination charges incurred by REL. Suspension/termination charges include the cost of assembling documents, personnel and equipment rescheduling or reassignment, and commitments made to others on Client's behalf. OPINION OF PROBABLE COSTS - REL's opinions of probable Construction Cost are to be made on the basis of REL's experience and qualifications and represent REL's best judgment as an experienced and qualified professional generally familiar with the construction industry. However, since REL has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, REL cannot and does not guarantee that proposals, bids, or actual Construction Cost shall not vary from opinions of probable Construction Cost prepared by REL. REUSE OF PROJECT DELIVERABLES - All design documents prepared or furnished by REL are instruments of service, and REL retains all ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Client shall not rely in any way on any Document unless it is in printed form, signed and sealed by REL or one of its Consultants. RIGHT OF ENTRY — Client agrees to obtain legal right -of -entry on the property when entry to property is required by the work of this Agreement. ENVIROMENTAL CONDITIONS OF SITE - REL's scope of services does not include any services related to any environmental issues related to the site including petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, or regulated by any Federal, State, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic, or dangerous waste, substance, or material. RELATIONSHIP WITH CONTRACTORS — REL shall not at any time supervise, direct, or have control over any contractor's work, nor shall REL have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, nor for safety precautions and programs in connection with the contractors' work, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work. REL neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work. REL shall have no authority to stop the work of any contractor on the Project. LIMITATION OF LIABILITY— REL's total liability to Client for any and all claims for damages whatsoever, arising out of or in any way related to the Project or this Agreement, from any cause or causes, including but not limited to REL's negligence, errors, omissions, strict liability, or breach of contract, shall be limited as follows: REL's total liability shall not exceed the lesser of (1) $1,000,000 (one million dollars) or (2) the remaining limits of any policy of insurance which provides coverage for the Client's cause or causes of action, such remaining limits to be measured as of the date judgment is entered against REL or the date when Client and REL otherwise settle/resolve the cause or causes of action. INSURANCE — REL shall maintain insurance coverage for Professional, Commercial General, Automobile, Worker's Compensation and Employer's Liability in amounts in accordance with any legal requirements and REL's business requirements. Certificates of Insurance shall be provided by REL upon written request. MUTUAL WAIVER — To the fullest extent permitted by law, Client and REL waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. GOVERNING LAW, JURISDICTION & VENUE — This Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois. Further, the parties agree and consent to the exclusive jurisdiction of the courts of the State of Illinois for all purposes regarding this Agreement and that venue of any action brought hereunder shall be exclusively in Cook County, IL. NON -ENFORCEMENT — A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. ASSIGNMENT — A party shall not assign its rights or obligations pursuant to this Agreement without the express written permission and consent of the other party. This Agreement shall be binding upon and inure to the benefit of any permitted assigns. SURVIVAL — All express representations, waivers, indemnifications, and limitations of liability included in this Agreement shall survive its completion or termination for any reason. THIRD PARTIES - Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Client or REL to any Contractor, Contractor's subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of Client and REL and not for the benefit of any other party. SEVERABILITY - Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Client and REL, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that expresses the intention of the stricken provision. STATUTE OF LIMITATIONS — to the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence to run, no later than the date of Substantial Completion of this Agreement. CONFLICTS - If a conflict exists between the Agreement provisions and these Standard Terms and Conditions then these Standard Terms and Conditions shall prevail and control. Client's Initial: Date: 10/2014 Certification I hereby certify that the information contained in this Proposal, including all attachments thereto, is true and accurate to the best of my knowledge. Name: Paul R. Ruscko Signature: Title: Senior Project Manager Firm: Robinson Engineering, Ltd. Date: 10/15/2020 McHenry Data Viewer Rim/inverts shot 9-21-20 by GG and SW. 745.0 Rim assumed BM. 60ft Maxar John R. Birk, Chief of Police McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 jbirk@cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: November 2, 2020 TO: Mayor and City Council FROM: John R. Birk, Chief of Police RE: Authorization for Special Civic Event Item Summary: Staff is seeking Council and Mayoral approval to host a Special Civic Event authorizing the outdoor sale and consumption of alcohol within the McHenry Downtown Business District. Staff is present to answer any questions. Background: "4-2-17: SPECIAL CIVIC EVENTS: The City Council and the Local Liquor Control Commissioner may from time to time announce certain special civic events, such as Fiesta Days, where outdoor and public property alcoholic sales and consumption adjacent to the licensee's property may be permitted." Subject to approval: (1) any Class A and B licensee may sell alcoholic liquor outdoors and (2) citizens may consume purchased alcohol on public property at said special civic event. Analysis: Each year with assistance from the City and the McHenry Area Chamber of Commerce the McHenry Downtown Business Association (DBA) has organized and hosted a "Christmas Walk Event" which includes a tree lighting in Veterans Park on Pearl Street and a Christmas Parade. This year due to COVID-19 restrictions no parade will be approved. In an effort to provide a much needed community event while maintaining the safety of our community and working within the guidelines established by the Illinois Health Department and the CDC staff has met with the DBA to develop a new plan for the Christmas Walk weekend. The results of these meetings has allowed staff to work with the DBA so that they could develop a safe plan. The following plan has been established: Event: McHenry Downtown Christmas Walk Date: Saturday, November 21, 2020 Time: 12:0Opm to 5:30pm Location: Downtown Business District / Veterans Park Toys for Tots Drop Off. Veterans Park on Courts Street side between 12:OOpm and 1:OOpm (no "parade", just a drop off) Alcohol Sales: Outside Sales (adjacent to existing liquor establishments) and Public Consumption from 1:OOpm to 5:30pm on downtown business district sidewalks and within Veterans Park. Special endorsement required by City. 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. Safety Precautions: This is an outside non -static moving event much like an open air market. Based on regulation in effect at the time of the event staff will work to enforce social distancing, crowd size and mask requirements to ensure compliance. Safety signage along with staff on hand will work to ensure a constant flow with no gatherings in excess of the size amount established by the state. Tree Lighting: 5:00pm to 5: l 5pm Special Civic Event Endorsements permitting outside sales and outdoor and public property consumption will be issued by the City for this event. Recommendation: Therefore, if Council concurs, it is recommended that a motion be made to approve the outside sale and consumption of alcohol liquor within the McHenry Downtown Business District sidewalks and Veterans Park on November 21, 2020 from 1:00pm to 5:30pm City of McHenry Council Meeting Minutes 10.21.19 Minutes REGULAR CITY COUNCIL MEETING City Council Chambers, 333 S Green Street Monday, October 21, 2019 Call to Order: Roll Call: Mayor Jett called the roll call. Members present: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Mihevc- (absent), Alderman Devine, Alderwoman Miller, Alderwoman Bahne and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Interim Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, and Chief of Police Birk, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led those present in the Pledge of Allegiance. Public Comments: Michelle Thimios, spoke on behalf of the United States Representative for Lauren Underwood to The Council. She explained the platform of Lauren Underwood and stated that there are two headquarter locations: Woodstock and West Chicago. She described the actions that Lauren Underwood likes to do such as cutting through red tape, she also supports local projects and funding which is why she was there today. She can be contacted through email or phone number which is also located on her social media Facebook page. Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Sign Variance for Steffans Jewelers, 325 Front Street, to allow two banners on the property and the posting of signage for an additional 19 days; C. Amended Professional Services Agreement (G802-2017) with FGM Architects in the amount of $32,800; D. Proposal from RenoSys Corporation in the amount of $72,865 for the replacement of the Merkel Aquatic Center pool liner; E. October 7, 2019, City Council Minutes; F. Issuance of Checks in the amount of $171,327.01; G. Issuance of As Needed Checks in the amount of $103,972.76. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve consent agenda items as presented. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc-absent, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. 1 City of McHenry Council Meeting Minutes 10.21.19 Consent Agenda: Motion to Approve the Following Consent Agenda Item: B. Bid award for the 2019-2020 Winter Tree Trimming and Pruning Program contract to Trees "R" Us, Inc. of Wauconda, Illinois in the amount of $68,650; - pulled to separate consideration by Alderman Glab This item was explained by Diector of Public Works Strange clarification of the time frame was wanted by Alderman Glab. The Council discussed this topic in regards to time frame, and how many other towns use Trees "R" Us. The topic of how many trees are pruned daily was also touched upon. A motion was made by Alderman Santi and seconded by Alderwoman Baehne to approve consent agenda items as presented. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc-absent, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Individual Action Item Agenda: Motion to Approve the Following Consent Agenda Items: A. Motion to pass an Ordinance Amending Chapter 4: Alcoholic Liquor. Chief Birk explained Individual Action Item Agenda, explained states role in liquor licenses. These licenses will be brought in front of Council. A motion was made by Alderman Schaefer and seconded by Alderman Devine to approve individual action agenda items as presented. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc-absent, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. B. Motion to approve a Class B Mixin Mingle, Inc. at 1118 N Green St, McHenry and adopt an Ordinance increasing the number of Class B licenses from 18 to 19; Administrator Moorefield explained the licenses. Alderman Glab asked who brings the alcohol for Mixin Mingle, the alcohol can be brought in for private invitation events, there is liability insurance. They would like to offer a cash bar open to the public event such as a city event. No public input. A motion was made by Alderwoman Baehne and seconded by Alderman Santi to approve individual action agenda items as presented. Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc-absent, Alderman Devine, Alderwoman Miller. 1-nays, 0-abstained. Motion carried. City of McHenry Council Meeting Minutes 10.21.19 C. Motion to pass an Ordinance Annexing Property Located at 1208 Charles Street, McHenry, Illinois. Director of Parks and Recreation Hobson explained this item. A few comments were made by council on this topic. Alderman Glab asked for clarification regarding this annexing. Wanted to know the benefits of this property annexation, will it be a problem down the road by taking this road in. His concern is the condition of this road and its upkeep in the future. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve individual action agenda items as presented. Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc-absent, Alderman Devine, Alderwoman Miller, Mayor Jett: 2-nays, 0-abstained. Motion carried. Discussion Items: A. Capital Development Study Presentation — Baxter and Woodman Community Development Director Polerecky introduced Baxter & Woodman. Three representatives presented the display that was brought to the Council's attention. Gave overview of what infrastructure is and needed for support of future development. Existing development fees, where development could occur in the City of McHenry. Distant development was also addressed also further distance such as 20 years plus. Primary focus on near future focus. Population projections were also presented which could effect the growth. Water System improvements were explained there are four main systems currently. Three options were presented to increase water system improvements. The future developments were also taken in consideration. They presented a graph with comparisons for the proposed water connections. Sanitary Sewer System Improvements were presented. Several options were given to help support the sewer system and connections. Sanitary Sewer and lift stations were also described before The Council. Comparison of water development fees were explained. Residential and non-residential fees were outlined. Some discussion occurred between Council Members. Community Development Director Polerecky asked Council to review both options supported by Director of Parks and Recreation Hobson as well. The discussion continued for some time. An ordinance to address the fees will be presented to Council per Community Development Director Polerecky. Executive Session: There was no executive session at this time. Staff Reports: Interim Director of Public WorksTroy Strange, five way highway improvement program was recived. Route 120 is part of this. Wants to talk about building funding for this project. Alderman Schaefer asked how things are going on Pearl Street, things are going well, light polls going up in November. City of McHenry Council Meeting Minutes 10.21.19 Mayor's Report: Nothing to report at this time. City Council Comments: Alderman Santi thanking the job well done. Alderman Glab wants increased committee meetings. Alderwoman Miller thanked Chief Birk for coming to the red hats meeting. Adjourn: A motion was made by Alderman Santi and seconded by Alderwoman Miller to adjourn the meeting at 8:35. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc-absent, Alderman Devine, Alderwoman Miller: 0-nays, 0-abstained. Motion carried. Expense Approval Register McHenry, IL List of Bills Council Meeting 11-2-2020 1Y Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: BAKER & SON CO, PETER BAKER & SON CO, PETER 31348 A 11/02/2020 N50 SFC 510-35-6110 146,02 BAKER & SON CO, PETER 31348 11/02/2020 N50 SFC 100-33-6110 110.86 Vendor BAKER & SON CO, PETER Total: 256,88 Vendor: BAXTER & WOODMAN BAXTER & WOODMAN 0216842 11/02/2020 CURRAN RD S-CURVE CS 270-00-SWO 704.28 Vendor BAXTER & WOODMAN Total: 704,28 Vendor: CLEARVIEW LANDSCAPE CONSTRUCTION, INC CLEARVIEW LANDSCAPE 20204A 11/02/2020 MOWING 510-31-5110 1,424.00 CLEARVIEW LANDSCAPE 20204A 11/02/2020 MOWING 510-32-5110 11061,60 CLEARVIEW LANDSCAPE 20204 11/02/2020 MOWING 8/17-10/9/20 100-33-5110 41062,40 CLEARVIEW LANDSCAPE 20204 11/02/2020 MOWING 8/17-30/9/20 100-45-5110 23,032.00 Vendor CLEARVIEW LANDSCAPE CONSTRUCTION, INCTotal: 2%580.00 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 5507873137.002 11/02/2020 CABLE 100-01-8200 993.13 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 993,13 Vendor: EDER CASELLA & CO EDER CASELLA &CO 37412 11/02/2020 4/30/2020 AUDIT LESS 230-00-5110 18,GOS.00 Vendor EDER CASELLA & CO Total: 18,605.00 Vendor: FABRIK INDUSTRIES FABRIK INDUSTRIES INV0010601 11/02/2020 2019 PROPERTY TAX 100-04-6945 5,369.35 Vendor FABRIK INDUSTRIES Total: 5,369.35 Vendor: HLR HLR 20201876 11/02/2020 ENG BV RESURF 270-00-8600 873,75 HLR 20201877 11/02/2020 PREL ENG SVS DARTMOOR DR 270-00-8600 10205.00 Vendor HER Total: 21078,75 Vendor: JOE CSECH PAINTING JOE CSECH PAINTING 10-14-2020 11/02/2020 PAINTING 100-01-8200 1,760.00 VendorJOE CSECH PAINTING Total: 1,760.00 Vendor: LANG AUTO GROUP, GARY LANG AUTO GROUP, GARY INV0010602 11/02/2020 19/20 SALES TAX INCENTIVE 100-04-6945 516,006.18 Vendor LANG AUTO GROUP, GARY Total: 516,006.18 Vendor: MUNICIPAL COLLECTION SERVICES INC MUNICIPAL COLLECTION 017680 11/02/2020 COLBY, HOWE COLLECT FEE 100-04-5110 113,17 MUNICIPAL COLLECTION 017681 11/02/2020 COLL FEE 9/30/2020 100-04-5110 8.68 Vendor MUNICIPAL COLLECTION SERVICES INC Total: 121,85 Vendor: NORTHWEST LAMINATION NORTHWEST LAMINATION 590374 11/02/2020 2ND FLR POLICE ADDITION 100-01-8200 1,700.00 Vendor NORTHWEST LAMINATION Total: 1,700.00 Vendor: PRAIRIELAND DISPOSLA PRAIRIELAND DISPOSLA 249905 11/02/2020 REFUSE STICKERS 100-01-6110 6,800.00 Vendor PRAIRIELAND DISPOSLA Total: 6,800.00 Vendor: TRANE US INC TRANE US INC 311202065 11/02/2020 APPLICATION 04 100-01-8200 4,223.59 Vendor TRANE US INCTotal: 4,223.59 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 078029 11/02/2020 TAHOE 100-01-8300 4,819.90 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 4,819.90 Vendor: UPS UPS 60X485420 11/02/2020 SHIPPING 100-01-5310 14.05 10/28/1-020 12:48:54 PM Expense Approval Register Packet: APPKT01950 - 30-27-20 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount UPS 60X485420 11/02/2020 SHIPPING 100-22-5310 4.55 Vendor UPS Total: 18.60 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 426140612 11/02/2020 COPIER CONTRACTS 620-00-6270 598.56 US BANK EQUIPMENT FINANCE 426499620 11/02/2020 PWCOPIERCONTR 620-00-6210 336.21 Vendor US BANK EQUIPMENT FINANCE Total: 934.77 Vendor: WINDY CITY LIGHTS WINDY CITY LIGHTS 4706 11/02/2020 HOLIDAY LIGHTS 100-02-6940 4,740.20 Vendor WINDY CITY LIGHTS Total: 4,740.20 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILLCO 6782 11/02/2020 SLUDGE 510-32-5580 2,121.16 Vendor W INNEBAGO LANDFILL CO Total: 2,121.16 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 145112 11/02/2020 CORP 100-03-5230 6,798.75 ZUKOWSKI ROGERS FLOOD & 145565 11/02/2020 CORP 100-01-5230 6,382.50 ZUKOWSKI ROGERS FLOOD & 145567 11/02/2020 COVID 100-01-5230 11063,75 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 14,245.00 Grand Total: 615,078.64 S O/28/2020 12:48:54 PM Expense Approval Register Packet: APPK1701950 - 30-27-20 AP CKS Fund Summary Fund Expense Amount 100 -GENERAL FUND 588,003.06 230-AUDIT EXPENSE FUND 18,605.00 270- MOTOR FUEL TAX FUND 21783,03 510 - WATER/SEWER FUND 4,752.78 620- INFORMATION TECHNOLOGY FUND 934.77 Grand Total: 615p78.64 Expense Approval Register McHenry, IL #2 List of Bills Council Meeting 11-2-2020 .Mcd Vendor Name Payable Number Post Date Description (item) Account Number Amount Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA S030051 11/02/2020 Marker lights 510-35-5370 41.60 Vendor ADAMS ENTERPRISES INC, R A Total: 41.60 Vendor: ADAMS STEEL SERVICE & SUPPLY, INC ADAMS STEEL SERVICE& 365408 11/02/2020 4x8'sheet 1/2"Expanded 510-32-6110 198.00 ADAMS STEELSERVICE& OCT 2020-3 11/02/2020 welding tanks 100-33-5370 50.00 Vendor ADAMS STEEL SERVICE & SUPPLY, INCTotal; 248.00 Vendor: ADVANCED AUTOMATION AND CONTROLS INC ADVANCED AUTOMATION AND 20-3476 11/02/2020 SCADA troubleshooting and 510-32-5110 2,931.00 Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 2,931.00 Vendor: ADVANCED TURF SOLUTIONS ADVANCED TURF SOLUTIONS S0874084 11/02/2020 Fall Fertilizer 100-45-6110 3,503.60 Vendor ADVANCED TURF SOLUTIONS Total: 3,503.60 Vendor: AMERICAN HEATING & COOLING AMERICAN HEATING& 04042630 11/02/2020 water plant heaters check and 510-31-5110 1,053.80 Vendor AMERICAN HEATING & COOLING Total: 11053,80 Vendor: AT&T AT&T 9 662 10-10-20 11/02/2020 Voice Over lP -IP-Flex 620-00-5320 369.79 Vendor AT&T Total: 368.79 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC INV061182 11/02/2020 624 510-32-5370 1,513.78 Vendor AUTO TECH CENTERS INCTotal: 1,513.78 Vendor: BERKHEIMER CO INC, G W BERKHEIMER CO INC, G W 748474 11/02/2020 Furance filters 100-33-6115 55,68 Vendor BERKHEIMER CO INC, G W Total: 55.68 Vendor: BUSS FORD SALES BUSS FORD SALES 6067694/1 11/02/2020 431 100-33-5370 155.95 BUSS FORD SALES 6067854/1 11/02/2020 803 510-35-5370 896,78 BUSS FORD SALES 6067945/1 11/02/2020 434 100-33-5370 1,489.58 Vendor BUSS FORD SALES Total: 2,542,31 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 63377 11/02/2020 BACKPACKSPRAYER 100-03-5120 1,503.75 CABAY & COMPANY INC 63423 11/02/2020 Rec Center cleaning supplies 400-00-6111 129.69 CABAY & COMPANY INC 63474 11/02/2020 Rec Center cleaning supplies 400-00-6111 539.77 CABAY & COMPANY INC 63502 11/02/2020 TOWELS 100-03-5120 73,94 CABAY & COMPANY INC 63527 11/02/2020 Rec Center cleaning supplies 400-00-6111 451,30 Vendor CAB" & COMPANY INC Total: 21698,45 Vendor: CUMMINS INC CUMMINS INC F2-93433 11/02/2020 Hemlock Lift -Generator Service 510-32-5380 1,295.90 Vendor CUMMINS INCTotal: 11295,90 Vendor: DIXON ENGINEERING INC DIXON ENGINEERING INC 20-7225 11/02/2020 water tower 4 inspection 510-31-5110 3,840.00 Vendor DIXON ENGINEERING INCTotal: 3,840.00 Vendor: ED'S RENTAL & SALES INC ED'S RENTAL & SALES INC 309938-1 11/02/2020 lift for heater plant 3 510-31-6130 45.00 Vendor ED'S RENTAL & SALES INCTotal: 45,00 Vendor: FASTENAL FASTENAL ILWOD170636 11/02/2020 BarrelA 510-32-5375 57.71 Vendor FASTENAL Total: 57,71 10/28/2020 12:52:20 PM Expense Approval Register Packet: APPKT01953 - RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 14738 11/02/2020 Ready Mix Concrete -UTY- 510-35-6110 565,00 Vendor FISCHER BROS FRESH Total: 565.00 Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 58072 11/02/2020 Landscape Supplies 100-45-6110 54.00 FOXCROFT MEADOWS INC 59083 11/02/2020 Red Mix Seed 100-33-6110 387.00 Vendor FOXCROFT MEADOWS INCTotal: 441,00 Vendor: GALLS LLC GALLS LLC 016663092 11/02/2020 Uniform - Aaron Greve 620-00-4510 78.95 GALLS LLC 016685961 11/02/2020 UNIFORM ORDER -LUMBER 100-22-4510 35.30 GALLS LLC 016694507 11/02/2020 UNIFORM ORDER-JOSEPH 100-23-4510 85.00 GALLS LLC 016694532 11/02/2020 UNIFORM ORDER- 100-22-4510 100.15 Vendor GALLS LLC Total: 299,40 Vendor: GESKE AND SONS INC GESKE AND SONS INC 555961NV 11/02/2020 NSO Surface-UN-N7237 510-35-6110 209.40 Vendor GESKE AND SONS INCTotal: 209.40 Vendor: GOODMARK NURSERIES LLC GOODMARK NURSERIES LLC 25090 11/02/2020 Tree 100-33-6950 173,00 Vendor GOODMARK NURSERIES LLCTotal: 173,00 Vendor: HAWKINS INC HAWKINS INC 4913743 11/02/2020 Checmicals Ferric Polymer 510-32-6110 7,648.81 Vendor HAWKINS INCTotal: 71648,81 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC HEARTLAND BUSINESS 401603-H 11/02/2020 Microsoft Monthly M365 620-00-5110 3,979.88 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total: 3,979.88 Vendor: IN -PIPE TECHNOLOGY COMPANY INC IN -PIPE TECHNOLOGY 1806 11/02/2020 Monthly service fee 510-32-5110 7,750.00 Vendor IN -PIPE TECHNOLOGY COMPANY INCTotal: 71750,00 Vendor: JG UNIFORMS INC JG UNIFORMS INC 77589 11/02/2020 BODYARMOR 100-22-6270 10,020.00 1G UNIFORMS INC 77676 11/02/2020 UNIFORM ORDER- FOLEY 100-22-4510 157.36 1G UNIFORMS INC 77676A 11/02/2020 UNIFORM ORDER - A. BIRK 100-22-4510 324.37 1G UNIFORMS INC 77676B 11/02/2020 UNIFORM ORDER -ADAMS 100-22-4510 172.36 1G UNIFORMS INC 77676C 11/02/2020 UNIFORM ORDER- KLASEK 100-22-4510 172.37 JG UNIFORMS INC 77676D 11/02/2020 UNIFORM ORDER -SHAFER 100-22-4510 192,37 JG UNIFORMS INC 77676E 11/02/2020 UNIFORM ORDER - LORENZ 100-22-4510 202,37 Vendor JG UNIFORMS INCTotal: 11,241.20 Vendor: JX PETERBILT - WADSWORTH JX PETERBILT-WADSWORTH 2192303P 11/02/2020 635 510-32-5370 214.99 JX PETERBILT-WADSWORTH 2192685P 11/02/2020 635 510-32-5370 1,155.48 Vendor JX PETERBILT - WADS WORTH Total: 1,370.47 Vendor: KIMBALLMIDWEST KIMBALLMIDWEST 8303669 11/02/2020 kimball stock 100-33-5370 346.62 KIMBALLMIDWEST 8323131 11/02/2020 kimball 510-32-5370 227.14 KIMBALLMIDWEST 8323325 11/09/2020 kimball stock 100-33-5370 142.56 Vendor KIMBALL MIDWEST Total: 716,32 Vendor: KIRCHNER, INC KIRCHNER, INC 49958 11/02/2020 Fire Extinguisher repairs 400-00-6110 239,25 Vendor KIRCHNER, INCTotal: 239,25 Vendor: KOMLINE-SANDERSON KOMLINE-SANDERSON 42047849 11/02/2020 New Solenoid 510-32-5375 173.16 Vendor KOMLINE-SANDERSON Total: 173,16 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC P06042 11/02/2020 443 100-33-5370 35.50 MCCANN INDUSTRIES INC P17238 11/02/2020 Concrete Supplies Road 100-33-6110 2,381.71 10/28/2020 12:52:20 PM Expense Approval Register Vendor Name Payable Number MCCANN INDUSTRIES INC W01201 Vendor: MCHENRY HEATING & AIR INC MCHENRY HEATING&AIR INC 5-65798 Vendor: MCHENRY SPECIALTIES MCHENRY SPECIALTIES 2020-444 Vendor: MEADE INC MEADE INC 694242 Vendor: MG MECHANICAL SERVICE MG MECHANICAL SERVICE 60345 Vendor: MID AMERICAN WATER OF WAUCONDA MC MID AMERICAN WATER OF 233585W MID AMERICAN WATER OF 234165W MID AMERICAN WATER OF 234716W Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 94776 Vendor: NATIONALSAFETY COUNCIL NATIONALSAFETY COUNCIL INV-1802723 Vendor: NBS CALIBRATIONS NBS CALIBRATIONS 00122408 Vendor: OFFCIAL FINDERS LLC OFFICIAL FINDERS LLC 2829 OFFICIAL FINDERS LLC 3001 Vendor: PDC LABORATORIES INC PDC LABORATORIES INC 19436226 Vendor: PETROCHOICE LLC Packet: APPRT01953 - RECF INVOICE Post Date Description (Item) Account Number Amount 11/02/2020 811 510-35-5370 261,96 Vendor MCCANN INDUSTRIES INCTotal: 2,679.17 11/02/2020 FAN MOTOR (SERVER ROOM) 100-03-5120 310.00 Vendor MCHENRY HEATING & AIR INCTotal: 310,00 il/02/2020 Fire Globe Plaques 100-41-6110 50.00 Vendor MCHENRY SPECIALTIES Total: 50.00 11/02/2020 Traffic Signal - Bulb 100-33-5110 134,92 Vendor MEADE INC Total: 134,92 11/02/2020 New boiler and radiators for 510-32-8500 26,600,00 Vendor MG MECHANICAL SERVICE Total: 26,600.00 11/02/2020 sample hydrant parts 510-31-6L10 31.25 LI/0212020 61]mj toFlange adt 510-35-6110 360.00 11/02/2020 10" ADS Culvert pipe 100-33-6110 232.00 Vendor MID AMERICAN WATER OF WAUCONDA INCTotal: 623,25 11/02/2020 2021 Permit parking cards 100-04-5330 27,90 Vendor MINUTEMAN PRESS OF MCH Total: 27,90 li/02/2020 forklift training Ron Barta 100-33-5430 555,00 Vendor NATIONALSAFETY COUNCILTotal: 555.00 il/02/2020 balance calibration 570-32-6110 123.00 Vendor NRS CALIBRATIONS Total: 123.00 11/02/2020 Invoice 282910/06 100-47-5110 665.00 11/02/2020 Softball Umpires Invoice 3001 100-47-5110 175,00 Vendor OFFICIAL FINDERS LLC Total: 840,00 li/02/2020 Total Nitrogen Sample 510-32-6110 60,00 Vendor PDC LABORATORIES INCTotal: 60,00 PETROCHOICE LLC 50349477 ll/02/2020 Fuel Invoice If50349477 100-45-6250 PETROCHOICE LLC 50359266 11/02/2020 fuel-UTY-50359266 530-35-6250 317.47 10/28/2020 12:52:20 PM Expense Approval Register Packet: APPKT01953 - RECF INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount PETROCHOICE LLC 50366544 11/02/2020 Fuel - STS - 50366544 100-33-6250 652.08 Vendor PETROCHOICE LLC Total: 6,890.53 Vendor: PITEL SEPTIC INC PITELSEPTIC INC 18690 11/02/2020 Toilet Rentals 100-45-5110 75,00 Vendor PITEL SEPTIC INCTotal: 75,00 Vendor: PORTER LEE CORPORATION PORTER LEE CORPORATION 24433 11/02/2020 EVIDENCE SUPPLIES 100-22-6210 226.16 Vendor PORTER LEE CORPORATION Total: 226,16 Vendor: PURO CLEAN PURO CLEAN 105 11/02/2020 BIO CLEAN UP SQUAD CAR 100-22-5110 250.00 Vendor PURO CLEAN Total: 250.00 Vendor: RADICOM INC RADICOM INC 105932 11/02/2020 Vehicle Maintenance 100-45-5370 1,006.58 Vendor RADICOM INC Total: 1,006.58 Vendor: RENOSYS CORP RENOSYS CORP 4716-LS-2 11/02/2020 Pool Liner Final Pay 280 41-8800 2,493.80 RENOSYS CORP 4716-LL-1 11/02/2020 Pool Liner Final Pay 280-41-8800 52,911.20 Vendor RENOSYS CORP Total: 55,405.00 Vendor: SCHEFLOW ENGINEERS SCHEFLOW ENGINEERS 21595 11/02/2020 Timothy -Clover -3704 Clover 510-35-5110 11980,00 Vendor SCHEFLOW ENGINEERS Total: 1,980.06 Vendor: SCHOPEN PEST SOLUTIONS INC SCHOPENPESTSOLUTIONS INC 3407 11/02/2020 Recreation Center pest control 400-00-5110 75.00 Vendor SCHOPEN PEST SOLUTIONS INC Total: 75,00 Vendor: STEINER ELECTRIC COMPANY STEINER ELECTRIC COMPANY 5006738602.001 11/02/2020 Rt 120 lift station generator 510-32-5380 548.75 Vendor STEINER ELECTRIC COMPANY Total: 548.75 Vendor: TEST GAUGE INC TEST GAUGE INC INV1-78684 11/02/2020 Rebuild Kit 510-32-5375 337,20 Vendor TESTGAUGE INCTotal: 337,26 Vendor: THOMPSON ELEVATOR INSPECTION SERV INC THOMPSON ELEVATOR 20-2557 11/02/2020 Elevator Lift Reinspection h20- 100-33-5115 185.00 Vendor THOMPSON ELEVATOR INSPECTION SERV INCTotal: 185.00 Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFIC CONTROL & 105353 11/02/2020 Downtown Street signage 100-45-6110 712.15 TRAFFIC CONTROL& 105414 11/02/2020 Memorial Signs 100-33-6110 407,90 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 1,120.05 Vendor: ULINE ULINE 125022643 11/02/2020 Safety Supplies 510-32-6110 766,06 Vendor ULINE Total: 766,06 Vendor: USA BLUEBOOK USA BLUEBOOK 384995 11/02/2020 Lift Station Control Stock 510-32-5380 841.87 Vendor USA BLUEBOOKTotal: 841,87 Vendor: WATER PRODUCTS -AURORA WATER PRODUCTS -AURORA 0299051 11/02/2020 Riser rings 100-33-6110 486.00 Vendor WATER PRODUCTS -AURORA Total: 486,00 Vendor: WELCH BROS INC WELCH BROS INC 3110975 11/02/2020 COVID- Precast Barrier 100-33-6110 350,00 Vendor WELCH BROS INCTotal: 350,00 Vendor: WILSON NURSERIES INC WILSON NURSERIES INC 0376904-IN 11/02/2020 Landscape Supplies 100-45-6110 68.00 Vendor WILSON NURSERIES INCTotal: 68,00 Grand Total: 157,616,95 70/28/2020 12; 52:20 PM Expense Approval Register Packet: APPKT01953 - RECF INVOICE Fund Summary W nd 100-GENERALFUND 280-DEVELOPER DONATION FUND 400- RECREATION CENTER FUND 510- WATER/SEWER FUND 620 - INFORMATION TECHNOLOGY FUND Grand Totai: Expense Amount 33,029,93 55,405.00 1,435.01 63,319.39 4,427.62 157,616.95 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: November 2, 2020 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Z-976 — A minor variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30-foot front yard setback ATT: 1. Unapproved Planning and Zoning Commission Minutes dated October 21, 2020 2. Ordinance granting a minor variance for 808 S. Carol Avenue 3. Planning & Zoning Commission Staff Report 4. Application Packet AGENDA ITEM SUMMARY: The petitioners Ruben and Sherry Arevalo, property owners of 808 S. Carol Avenue (Subject Property), are requesting approval of a minor variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30-foot front yard setback. The request is being made to accommodate the expansion of the existing one car garage and add a second floor master bedroom addition to the existing single-family residence. BACKGROUND: On May 4, 2020, City Council approved various text amendments to the City of McHenry Zoning Ordinance that allowed minor residential variances to be processed administratively which involves a certified mailing. A neighboring property owner objected to the minor variance request and therefore the requested minor variance was denied. The petitioners are appealing that decision to the Planning & Zoning Commission for a recommendation and City Council for final approval. ANALYSIS: The subject property is zoned RS-3 Medium -High Density Single Family Residential District and is located within the McHenry Shores Subdivision. Many of the existing single-family residences 1 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org contain legal nonconforming and conforming setbacks ranging from 19-31 feet. The largest concern regarding the request is how it will impact the character of the neighborhood. There were two residents that testified — one for and one against the proposal. The resident that objected to the proposal lives adjacent to the subject property (806 Carol Avenue) and also submitted a letter (attached) outlining her concerns. Her concerns regarding the proposal include but not limited to decreased property values, air flow, sunlight, and negative health impacts. The resident that approved of the request lives directly across the street from the subject property (807 Carol Avenue). The resident felt the addition would have a positive impact on the community character and property values. The Planning & Zoning Commission agreed with the latter resident and unanimously recommended approval. RECOMMENDATION: If the City Council concurs it is recommended the attached ordinances granting a minor variance to allow a 17 foot and 3 % inch front yard setback be approved (Mayor and City Council vote -simple majority). 2 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning & Zoning Commission Minutes dated October 21, 2020 Public Hearing: Ruben and Sherry Arevalo Z-976 808 S. Carol Avenue Minor Variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30- foot front yard setback. Chairman Strach called the Public Hearing to order at 8:53 p.m. regarding File No. Z-976 an application for a minor variance to allow a 17-foot and 3 % inch front yard setback in lieu of the required 30-foot setback at the property located at 808 S. Carol Avenue. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. Chairman Strach stated and presented a letter of objection to the request received by neighbors at 806 S. Carol Avenue. In attendance were Sherry and Ruben Arevalo, 808 S. Carol Avenue (owners), who were sworn in. Ms. Arevalo stated they are requesting this variance because they originally applied for an administrative variation but were ultimately denied because one of the neighboring residents filed an objection. They would like to appeal that decision because it has been their dream to build a garage addition with a second floor in order to use their property to its ultimate advantage. City Planner Sheriff gave the Staff Report stating The Property Owners are requesting approval of a minor variance to allow a 17-foot and 3 % inch front yard setback in lieu of the required 30- foot setback. The largest concern regarding the request is how it will affect the character of the neighborhood. Staff measured the surrounding properties and their setbacks from the front lot line using McHenry County's GIS program and found many varying setbacks. Based upon the varying measurements, staff does not believe the petitioners' request negatively impacts the surrounding properties. He further stated If the commission agrees with Staff's assessment, it is recommended they proceed with a motion to approve the petitioner's request for a minor variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30-foot front yard setback for the property located at 808 S. Carol Avenue. 3 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Chairman Strach opened the floor to questions and comments from the commissioners Commissioner Thacker stated he visited the property and agreed that the property looked very good and he opined the changes being proposed would be amenable to the neighborhood. Commissioner Sobotta stated he has a concern with setting a precedence and believes it will adversely affect the neighboring property owner at 806 Carol. There were no other questions or comments. Chairman Strach opened the floor to questions and comments from the public. Ms. Madeline Severa, 806 Carol, McHenry IL was sworn in and stated she has lived at her address for 50 years and did write a letter of objection which was shared but briefly wanted to confirm she is concerned with the property value of her home, the limited airflow and sunlight available to the south side of her home if this request is approved, the detrimental conditions to her daughter's health due to decreased airflow and sunlight, and possible impact to her landscaping, specifically a magnolia tree, as well as her own health. Mr. Fred Heald, 807 Carol Avenue, McHenry, IL was sworn in and stated he has lived in the neighborhood the longest and both neighbors have been good neighbors. He opined the addition would be an added benefit to the street and neighborhood and asked how far past the front of the Severa home the proposed addition would go. Planner Sheriff stated it would be two feet further. Ms. Severa stated she has no objection to the petitioner adding up; her objection is to them adding out on the property. Her tall hedges are a natural border and very different from a brick wall. Chairman Strach closed the public comment portion of the hearing at 9:10 p.m. Commissioner Sobotta inquired if this request would set a precedence for the City. Chairman Strach responded not necessarily. There were no other comments or questions. Motion by Lehman seconded by Gurda to recommend to the City Council with regard to File No. Z-976, approval of the petitioner's request for a minor variance to allow a 17 feet and 3 % inch 4 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org front yard setback in lieu of the required 30-foot front yard setback for the property located at 808 S. Carol Avenue; and that all the Approval Criteria for Variances listed in Section 11-19-5 of the City of McHenry Zoning Ordinance have been met. Roll Call: Vote: 6-ayes: Thacker, Gurda, Lehman, Sobotta, Strach, and Walsh. 0-nays, 0- abstained, 1-absent: Doherty. Motion Carried. Chairman Strach closed the Public Hearing regarding File No. Z-976 at 9:15 pm. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 20- AN ORDINANCE GRANTING A MINOR VARIANCE TO ALLOW A 17 FEET AND 3.25 INCH FRONT YARD SETBACK FOR THE PROPERTY LOCATED 808 S CAROL AVENUE IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS 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, a petition has been filed with the City by Ruben and Sherry Arevalo ("PROPERTY OWNERS") requesting approval of a minor variance to allow a 17 feet and 3.25 inch front yard setback in lieu of the required 30 feet for the property located at 808 S Carol Avenue and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on October 21, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of the requested minor variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested minor variance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a minor variance from §11-8D-1: Table 1; Residential District Requirements of the City of McHenry Zoning Ordinance to allow a 17 feet and 3.25 inch front yard setback in lieu of the require 30 feet to accommodate the expansion of the existing garage with a second floor addition. 0 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SECTION 2: In granting said minor variance, the City Council finds that the Approval Criteria for Variances identified in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof 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, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF 2020 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 2020 MAYOR VA ATTEST: CITY CLERK Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Exhibit A Legal Description of the Subject Property LOT 5 IN BLOCK 14 IN MCHENRY SHORES, UNIT NO. 1, A SUBDIVISION OF PART OF THE FRACTIONAL SOUTHWEST % OF SECTION 1, LYING ON THE WESTERLY SIDE OF FOX RIVER; ALSO PART OF THE SOUTHEAST Y. OF SECTION 2, ALL IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 17, 1954 AS DOCUMENT NO. 278491, IN BOOK 11 OF PLATS, PAGE 111, IN MCHENRY COUNTY, ILLINOIS. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org City of McHenry City Council Agenda Item Submittal Form Meeting Date: November 2, 2020 Agenda Item Name: Z-976 — A minor variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30-foot front yard setback Submitted By: Cody Sheriff, City Planner Submittal Date: October 22, 2020 Draft: Yes Final: Approved: Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Mayor and City Council FOR: November 2, 2020 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Z-976 — A minor variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30-foot front yard setback ATT: 1. Unapproved Planning and Zoning Commission Minutes dated October 21, 2020 2. Ordinance granting a minor variance for 808 S. Carol Avenue 3. Planning & Zoning Commission Staff Report 4. Application Packet AGENDA ITEM SUMMARY: The petitioners Ruben and Sherry Arevalo, property owners of 808 S. Carol Avenue (Subject Property), are requesting approval of a minor variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30-foot front yard setback. The request is being made to accommodate the expansion of the existing one car garage and add a second floor master bedroom addition to the existing single-family residence. BACKGROUND: On May 4, 2020, City Council approved various text amendments to the City of McHenry Zoning Ordinance that allowed minor residential variances to be processed administratively which involves a certified mailing. A neighboring property owner objected to the minor variance request and therefore the requested minor variance was denied. The petitioners are appealing that decision to the Planning & Zoning Commission for a recommendation and City Council for final approval. ANALYSIS: The subject property is zoned RS-3 Medium -High Density Single Family Residential District and is located within the McHenry Shores Subdivision. Many of the existing single- Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org family residences contain legal nonconforming and conforming setbacks ranging from 19-31 feet. The largest concern regarding the request is how it will impact the character of the neighborhood. There were two residents that testified — one for and one against the proposal. The resident that objected to the proposal lives adjacent to the subject property (806 Carol Avenue) and also submitted a letter (attached) outlining her concerns. Her concerns regarding the proposal include but not limited to decreased property values, air flow, sunlight, and negative health impacts. The resident that approved of the request lives directly across the street from the subject property (807 Carol Avenue). The resident felt the addition would have a positive impact on the community character and property values. The Planning & Zoning Commission agreed with the latter resident and unanimously recommended approval. If the City Council concurs it is recommended the attached ordinances granting a minor variance to allow a 17 feet and 3 % inch front yard setback be approved (Mayor and City Council vote -simple majority). i7 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning & Zoning Commission Minutes dated October 21, 2020 Public Hearing: Ruben and Sherry Arevalo Z-976 808 S. Carol Avenue Minor Variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30- foot front yard setback. Chairman Strach called the Public Hearing to order at 8:53 p.m. regarding File No. Z-976 an application for a minor variance to allow a 17-foot and 3 % inch front yard setback in lieu of the required 30-foot setback at the property located at 808 S. Carol Avenue. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. Chairman Strach stated and presented a letter of objection to the request received by neighbors at 806 S. Carol Avenue. In attendance were Sherry and Ruben Arevalo, 808 S. Carol Avenue (owners), who were sworn in. Ms. Arevalo stated they are requesting this variance because they originally applied for an administrative variation but were ultimately denied because one of the neighboring residents filed an objection. They would like to appeal that decision because it has been their dream to build a garage addition with a second floor in order to use their property to its ultimate advantage. City Planner Sheriff gave the Staff Report stating The Property Owners are requesting approval of a minor variance to allow a 17-foot and 3 % inch front yard setback in lieu of the required 30- foot setback. The largest concern regarding the request is how it will affect the character of the neighborhood. Staff measured the surrounding properties and their setbacks from the front lot line using McHenry County's GIS program and found many varying setbacks. Based upon the varying measurements, staff does not believe the petitioners' request negatively impacts the surrounding properties. He further stated If the commission agrees with Staff's assessment, it is recommended they proceed with a motion to approve the petitioner's request for a minor variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30-foot front yard setback for the property located at 808 S. Carol Avenue. 3 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Chairman Strach opened the floor to questions and comments from the commissioners Commissioner Thacker stated he visited the property and agreed that the property looked very good and he opined the changes being proposed would be amenable to the neighborhood. Commissioner Sobotta stated he has a concern with setting a precedence and believes it will adversely affect the neighboring property owner at 806 Carol. There were no other questions or comments. Chairman Strach opened the floor to questions and comments from the public. Ms. Madeline Severa, 806 Carol, McHenry IL was sworn in and stated she has lived at her address for 50 years and did write a letter of objection which was shared but briefly wanted to confirm she is concerned with the property value of her home, the limited airflow and sunlight available to the south side of her home if this request is approved, the detrimental conditions to her daughter's health due to decreased airflow and sunlight, and possible impact to her landscaping, specifically a magnolia tree, as well as her own health. Mr. Fred Heald, 807 Carol Avenue, McHenry, IL was sworn in and stated he has lived in the neighborhood the longest and both neighbors have been good neighbors. He opined the addition would be an added benefit to the street and neighborhood and asked how far past the front of the Severa home the proposed addition would go. Planner Sheriff stated it would be two feet further. Ms. Severa stated she has no objection to the petitioner adding up; her objection is to them adding out on the property. Her tall hedges are a natural border and very different from a brick wall. Chairman Strach closed the public comment portion of the hearing at 9:10 p.m. Commissioner Sobotta inquired if this request would set a precedence for the City. Chairman Strach responded not necessarily. There were no other comments or questions. Motion by Lehman seconded by Gurda to recommend to the City Council with regard to File No. Z-976, approval of the petitioner's request for a minor variance to allow a 17 feet and 3 % inch 4 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org front yard setback in lieu of the required 30-foot front yard setback for the property located at 808 S. Carol Avenue; and that all the Approval Criteria for Variances listed in Section 11-19-5 of the City of McHenry Zoning Ordinance have been met. Roll Call: Vote: 6-ayes: Thacker, Gurda, Lehman, Sobotta, Strach, and Walsh. 0-nays, 0- abstained, 1-absent: Doherty. Motion Carried. Chairman Strach closed the Public Hearing regarding File No. Z-976 at 9:15 pm. 5 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 20- AN ORDINANCE GRANTING A MINOR VARIANCE TO ALLOW A 17 FEET AND 3.25 INCH FRONT YARD SETBACK FOR THE PROPERTY LOCATED 808 S CAROL AVENUE IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS 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, a petition has been filed with the City by Ruben and Sherry Arevalo ("PROPERTY OWNERS") requesting approval of a minor variance to allow a 17 feet and 3.25 inch front yard setback in lieu of the required 30 feet for the property located at 808 S Carol Avenue and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on October 21, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of the requested minor variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested minor variance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a minor variance from §11-8D-1: Table 1; Residential District Requirements of the City of McHenry Zoning Ordinance to allow a 17 feet and 3.25 inch front yard setback in lieu of the require 30 feet to accommodate the expansion of the existing garage with a second floor addition. L Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SECTION 2: In granting said minor variance, the City Council finds that the Approval Criteria for Variances identified in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof 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, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF .2020 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF .2020 MAYOR ATTEST: CITY CLERK 7 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Exhibit A Legal Description of the Subject Property LOT 5 IN BLOCK 14 IN MCHENRY SHORES, UNIT NO. 1, A SUBDIVISION OF PART OF THE FRACTIONAL SOUTHWEST Y. OF SECTION 1, LYING ON THE WESTERLY SIDE OF FOX RIVER; ALSO PART OF THE SOUTHEAST % OF SECTION 2, ALL IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 17, 1954 AS DOCUMENT NO. 278491, IN BOOK 11 OF PLATS, PAGE 111, IN MCHENRY COUNTY, ILLINOIS. 1 Staff Report for the City of McHenry Planning & Zoning Commission Petition: Z-976 PIN: 14-01-352-004 Address: 808 S. Carol Avenue, McHenry, IL 600 ("Subject Property") Hearing: October 21, 2020 Applicant: Ruben and Sherry Arevalo of 808 S. Carol Avenue, McHenry, IL 60050 ("Property Owners") Location: The site consists of 0.20 acres, more or Request: A minor variance to allow a 17 feet and less, and is located approximately 73 feet north of '/4 inch front yard setback in lieu of the required the intersection of W Beach Drive and Carol 30-foot front yard setback. Avenue, with a common address of 808 S Carol Avenue. Aerial SDA. in FAO. NOAA. USGS. c 62.5 125 RS-3 W Beach Dr Zoning Map O d v RS-3 Cn Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, C> Ope _ 50 100 200 City of McHenry Future Land Use Map n►Qr Medium -Density Residential Shli Hil! Dr ErlLvironmental Corridors 1 L �r� Parks and Conservation Area Parks and Conservation Parks and Area Conservation Sources: Esri, HERE, Garni,Arm, NOAA, USGS. c Ope Fe 0 140 280 560 Current Zoning RS-3 Medium High Density Single Family Residential Zoning Districts E Estate RS-1 Low Density SFR RS-IA Medium Low Density SFR RS-2 Medium Density SFR RS-3 Medium High Desnity SFR RS-4 High Density SFR RA-1 Attached Residential i' RM-1 Low Density Multi -Family RM-2 High Density Multi-family MU Mixed use C-1 Convenience Commercial l� C-2 Neighborhood Commercial C-3 Community Commercial C-4 Downtown Commercial C-5 Highway Commercial BP Business Park I-1 Industrial 0-1 Local Office 0-2 Office Park IDD Integrated Design HC Health Care A-M Agriculture and Mining Overlay Future Land Use Map Designation: Medium -Density Residential FutureLandUse W. Commercial Low Density Residential Environmental Corridors Medium -Density Residential Parks and Conservation Area Water Agricultural Institutional High-Denisty Residential Estate Residential Office Municipal Integrated Design District Industrial Business Park Other Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUESTSUMMARY The petitioners, Ruben and Sherry Arevalo ("Property Owners") are requesting approval of a minor variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30-foot front yard setback. The subject property consists of 0.20 acres, more or less, with a common address of 808 S. Carol Avenue. The petitioners originally applied for an administrative variation but was ultimately denied because an objection was filed by one of the neighboring residents. The petitioners are appealing the decision to the Planning & Zoning Commission and City Council. CITY OF MCHENRY ORDINANCES • The petitioners must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. COMPREHENSIVE PLAN OBJECTIVES AND POLICIES An objective listed in the Neighborhood Character chapter of the City's Comprehensive Plan is to promote attractive neighborhoods (p. 49). However, there is no policy listed under the objective that specifically relates to this circumstance. STAFF ASSESSMENT The Property Owners are requesting approval of a minor variance to allow a 17 foot and 3 % inch front yard setback in lieu of the required 30-foot setback. The largest concern regarding the request is how it will impact the character of the neighborhood. Staff measured the surrounding properties and their setbacks from the front lot line using McHenry County's GIS program (PlanDev Viewer) — measurements may deviate approximately +/- 1 feet. The property directly north of the subject property (806 Carol Ave) is approximately 19 feet from the street lot line. Other properties along Carol Avenue range from 19 to 31 feet from the street lot line. There is an additional 20 feet between the edge of pavement and the front property line of the properties along Carol Avenue. Based upon these measurements, staff does not believe the petitioners' request will negatively impact the surrounding properties. MINOR VARIANCE APPROVAL CRITERIA. Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. • The setbacks of the principal residences from the street lot line along Carol Avenue varies from 19 to 31 feet. This is not typical of most subdivisions that typically share uniform setbacks. B. Circumstances Relate to the Property Only. • Staff believes this is a special circumstance as a result of the size of the lots and the configuration of the houses along Carol Avenue. C. Not Resulting From Applicant Action. • The petitioner did not create the size of the lot. D. Unnecessary Hardship. • Staff believes if the city enforces the ordinance that it would cause undue hardship upon the applicant when other neighboring residents have been afforded that privilege. E. Preserves Rights Conferred By District: • Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: • Staff believes that without approval, the petitioner would be denied reasonable use and enjoyment of the property. G. Not Alter Local Character: • Staff believes approval of the applicant's request would not substantially alter essential character of the locality nor have any other adverse impacts. Improvements to the house would positively impact the surrounding neighborhood. H. Consistent With Title And Plan: • Staff believes the proposed expansion is appropriate for a residential zoning district. I. Minimum Variance Recommended: • Staff believes the proposed expansion and variance requested is the minimum required. PLANNING & ZONING COMMISSION MOTION If the commission agrees with staff's assessment, the following motion is recommended: MOTION to approve the petitioner's request for a minor variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30-foot front yard setback for the property located at 808 S. Carol Avenue. Attachments: • GIS Measurements • Petitioner's Application 70 ` 60 , 60 (�0 X.-O 1� -2 ow _ 1 L5 `1 26 ,f x.. a "►' co 125 M � 00 126. 70 141 ti : 134. a o co LA 0 ti ®— 0 L d4Z7.11 o® .... — M o 123.6�4 CO CD co 1 26. 02 F � 4 -- 120.97 W Beach Dr munity 11. FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number 333 South Green Street ° McHenry, 1L 60050 4 Tel: (815) 363-2170 - Fax: (815) 363-2173 Name of Applicant 0,(- i�CJ Tel l --YJ - 46 �8/4� Address Fax AD-5""aiI. 5� 2. Name of Property Owner Tel (If other than Applicant) Address Fax 3. Name of Engineer Tel (If represented) Address Fax 4. Name of Attorney (If represented) Address Tel Fax 5. Common Address or Location of Property '90V � Pc�rxA 6d®5D 6. Requested Action(s) (check all that apply) _ Zoning Map Amendment (Rezoning) Conditional Use Permit Zoning Variance v Zoning Variance - Minor Zoning Text Amendment _ Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: M 0 JA o O-X�da FORM �1' CQ•y�,i -�j v �► tn. LlaxA ` o cow I Page of 3 JCP- Pzs 4c) \)6a c*-\ , __ 7. Current Use of Property 8. Current Zoning Classification of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: � 5 South: East. - West: 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. ✓" 1. Application Fee (amount) $ —y �2. Narrative Description of Request v-'-3. FORM A — Public Hearing Application FORM B — Zoning Map Amendment (Rezoning) Application FORM C — Conditional Use Application ✓ 6. FORM D — Zoning Variance Application �1 FORM E — Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis Owner in the Form of an FORM A Page 2 of 3 11. Disclosure of Interest Tire patty signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority fiom the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that 1 am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) " �UUBOIJ 0-ac"VALE) 3tLit�� OrgVr4-4p FORM A Page 3 of 3 FORM D File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street ° McHenry, IL 60050 a Tel: (815) 363-2170 a Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them, w l am mmy 2. Circumstances Relate to Properly Only Since a variance will affect die character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the -rj property. g n p� �C tQ a .,4t0 . — CX-A'j &'O'aa �4-(- b % (Jr[�l A o� 1,�9�t QL uv. -/ &I L&t FORM D Page 1 of 3 t 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. Unneeessar)! Hardship_ The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. RIM I-WIMM L (aLL 11- 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. -L-UC L4 6. Necessa1y for Use of Propert< The granting of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. i k'TWAK MA KKA�,y 1 FORM D Page 2 of 3 C 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. J u 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. oia, CL-rj2- L.M ME M4 J FORM D Page 3 of 3 Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT DATE: November 2, 2020 TO: Mayor Jett and City Council FROM: Troy Strange, P.E., Director of Public Works RE: CWWTP Demolition D's Marine Sanitary Service Relocation Contract Award ATT: Quotes Received Agreement for Execution Budget Amendment Ordinance AGENDA ITEM SUMMARY: Staff requests City Council to consider waiving competitive bidding and awarding a contract for the relocation of the sanitary sewer service for the D's Marine building to Platinum Terrain, LLC of Spring Grove, Illinois in the amount of $57,922.94. Staff further requests City Council to consider the approval of a budget amendment in the amount of $65,000.00 from the Water and Sewer Fund. The amount of the budget amendment request is more than the contract amount due to the complexity of the work and to be able to account for unanticipated costs that may require additional services. BACKGROUND: In summer of this year, staff was able to reactivate an old grant application for $525,000 in Department of Commerce and Economic Opportunity funding for the demolition of the Central Wastewater Treatment Plant. The term of the grant is set to expire in June of 2021 and therefore, the project must be substantially completed and billed out for reimbursement by the end of the term of the grant. In order to complete the demolition by the end of the term of the grant, engineering work began shortly thereafter. Engineering design work for the demolition project has since been completed and the construction contract for the demolition project is currently released for bidding with bids to be accepted the third week of November. To minimize the costs of markup on subcontracted work and allow for the demolition project to be solely focused on demolition, small portions of the project including hazardous materials removal and the relocation of the sanitary sewer service at D's Marine have been bid separately. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. The sanitary sewer service for D's Marine currently discharges directly into the old Central Wastewater Treatment Plant and is then pumped out into a sanitary sewer along Waukegan Avenue which ultimately enters the new Central Pumping Station. When the old plant is demolished, this service will no longer be able to be served unless it is relocated given a gravity connection to the sanitary sewer along Waukegan Avenue. Staff was able to solicit three (3) quotes for the relocation of the sanitary sewer service for the D's Marine building on Waukegan Avenue. • Canyon Contracting, Inc. • Maneval Construction, Inc. • Platinum Terrain, LLC. $71,300.00 $61,090.00 $57,922.94 This project was not included in the approved FY20/21 Budget. However, staff was given direction to move forward with the completion of the project in order to utilize the $525,000.00 in grant funding which was secured by staff in June of this year. Because this project was not included in the approved FY20/21 budget, a budget amendment will be required. Staff are recommending a budget amendment in an amount in excess of the awarded to bid to allow for a construction contingency. ANALYSIS: The quotes have been reviewed by staff and staff recommends awarding the contract to Platinum Terrain, LLC. of Spring Grove, Illinois. RECOMMENDATION: Therefore, if City Council concurs, staff recommends waiving competitive bidding requirements and awarding a contract for the relocation of the sanitary sewer service at the D's Marine building on Waukegan Avenue to Platinum Terrain, LLC of Spring Grove, Illinois in the amount of $57,922.94. Staff further requests City Council to consider the approval of a budget amendment in the amount of $65,000.00 from the Water and Sewer Fund. 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. P.O. Box 268. Phone: (847) 477-2071 Spring Grove, IL 60081 joe@canyoncontractinginc.net Wednesday, October 21, 2020 H.R. Green Inc. 420 N Front St. McHenry, IL 60050 Attn; Chad Pieper, P.E. Re: City of McHenry- D's Marine Sewer Service Relocation- Proposal Dear Mr. Pieper, Our firm greatly appreciates the opportunity to submit the following proposal to provide contracting services for The City of McHenry (Owner) for the above mentioned project. Listed below are the items included and excluded from our scope of work; Indnded. • Supply and Erect Traffic Control as needed; • Excavate to connect to existing manhole by core and boot; • Supply, bed and install —176' of 8" PVC SDR-26 Sanitary Sewer; • Supply, bed and install a 48" Manhole with Frame and Lid and Chimney Seal Adjusted to grade; • Connect to existing sanitary service with appropriate fittings as needed; • Backfill structural areas with a compacted CA-6 aggregate; • Backfill non-structural areas with previously excavated materials; • Spread topsoil over disturbed areas; • Supply and Install Seed, fertilizer and Straw Blanket in disturbed areas; Excluded: • Locating of private utilities above and beyond the standard JULIE locate system; • Testing (Manhole, Pipe, Compaction) • Asphalt Patching; • Plantings; • Watering; • IDOT Permit Bond; • Bonds, permits, tap fees; • Contaminated spoil removal; Our firm will complete the above described scope of work for the lump sum of, 8" Sanitary Sewer- $57,000.00 Landscaping- $4,500.00 Cut & Plug 12" & 6" MJ Valves- $9,800.00 We greatly appreciate the opportunity to quote this project to you and your firm and we look forward to working together with you. Thanks Again, Joseph E. Day President anyon Contracting Inc. (847) 177-7071 loe canyoncontracttngtnc.net OCTOBER 14TH 2O20 28090 WEST CONCRETE DRIVE INGLESIDE IL 60041 Senior Consultant: Edward Litchfield Direct: (224) 688-4129 Email: elitchfield@manevalconst.com Owner/ General: CITY OF MCHENRY Job site / location: D MARINA SANITARY SERVICE RELOCATION ATTN: GREG GRUEN SANITARY SERVICE RELOCATION PROPOSAL SCOPE: LOCATE EXISTING MARINE SERVICE LINE INTERCEPT AT EXISTING MANHOLE AND INSTALL CLEANOUT PLUG ALL SEWERS EXCEPT D SERVICE (FILL MANHOLE TO 732.8 ELEV) FURNISH AND INSTALL +/-180 LF 8" PVC SANITARY SEWER FURNISH AND INSTALL (1) NEW SANITARY MAHOLE IN GRASS AREA CONNECT TO EXISTING SANITARY MANHOLE (CORE AND BOOT) PROVIDE TRENCH BACKFILL IN ALL PAVEMENT AREAS REMOVE EXCESS SPOILS FROM SITE REMOVE AND REPLACE EXISTING FENCE AS NEEDED THE CITY TO PROVIDE ALL REQUIRED TESTING AND BITUMINOUS PAVEMENT RESTORATION ALL WORK TO START AFTER NOV 15TH WITH AN ESTIMATED COMLETION DATE WITHIN 15 DAYS EE EXCLUSIONS BELOW: TOTAL BID $61,090.00 EXCLUSIONS: PERMITS,FEES ,TESTING, LAYOUT, ANY COST ASSOCIATED WITH BRACING OF EXISTING UTILITY POLES IF REQUIRED DEWATERING (EXCEPT FOR USE OF A 2" PUMP IF REQUIRED) 1 Maneval Construction Contract Agreement & Terms: Contract documents shall only consist of this proposal and terms contained therein and specification sheets, drawings and other documentation Attached to this proposal, or otherwise made part of this agreement in writing, Invoice submitted hereunder shall be due within 30 days after completion of work proposed, or after issuance of the invoice, whichever is earlier. Unpaid balances will accrue a late fee and interest of 1% per Month until paid in full. The attached proposal is valid for 15 working days thereafter; this quote will be stale and unenforceable, Owner/Customer understands and agrees that all quantities are estimates; due to site conditions or other obstacles the completed quantities may vary from those estimated, and any additional quantities needed will be paid to Maneval Construction CORP. in full, without need for change order or other written authorization. Owners/ customers agree that if legal action is needed to enforce the terms hereof, Maneval Construction Corp. Shall be entitled to recover reasonable legal fees and cost the other party. Maneval Construction Corp. Agrees and warrants that it maintains standard insurance coverage for work of this type, including comprehensive general liability, automobile, and worker's compensation as required by law. Owner/contractor agrees and warrants that it is responsible for any and all other coverage needed to desire relative to the location described above and work performed hereunder and is not relying on Maneval Construction Corp. For any such coverage. In the event that work described herein is cancelled for any reason other than the failure of Maneval Construction Corp. to comply with the terms set fort herein, or if owner/ customer otherwise defaults hereunder. Owner/ Customer agrees to reimburse Maneva) Construction Corp. For any sums incurred or expended up to that time in complying with this order, and further agrees to pay Maneval Construction Corp. For work completed to that time. In the Event of notice of default to Maneval Construction Corp. Maneval Construction shall have the right to cancel its agreement and stop work hereunder, upon 5 days notice to Owner/Customer. Unless noted otherwise, this quotation excludes the cost of city permits and bonds required to perform the work required. Hereunder, and further excludes plans Required to obtain such permits or bonds. However, for an additional fee. Maneval Construction Corp. will provide these services, if requested. Maneval Construction Corp. Warrants and agrees that it shall take all steps in full compliance with Illinois underground Utilities Act, and owners/customers agree and warrants that upon proof of such compliance from Maneval Construction Corp., Owners/customers shall be responsible for repairing any private utility lines damaged by Maneval Construction Corp. During the course of this project which were un-marked un-documented or non -conformed to prevailing codes, custom and practice. In the event that Maneval Construction fails to submit such documentation or compliance, or where Maneval Construction Corp. Shall be responsible for repairing such utilities. In no event shall Maneval Construction be liable for any costs of damages associated with utility interruption, regardless of whether the lines were marked and/or documented properly or not. The customer is responsible to call the utility company. Maneval Construction Corp. Shall not be responsible, or in any way charged for, unavoidable, delays in work, including but not limited to delays caused by inclement weather, Acts of God, Labor Strikes, and other similar delays. On projects where the natural fall of the land is less than 294. Maneval Construction cannot guarantee that there will be total water drainage on pavement. Moreover, Maneval Construction shall not be held liable for ponding or retention in areas surrounding the work area; Owners/customers understands and agrees that such graded issues fall outside the scope of Maneval Construction CORP. work. Owner/customer understands that the work called for in this agreement is a messy process. The parties agree that Maneval Construction Corp. is not responsible for cleaning, repairing or replacing any concrete, carpet floor, passageway, etc. Other than created directly by Maneval Construction Corp. employees. Maneval Construction Corp. agrees to complete its work in a safe and workmanlike manner, and to take appropriate safety precautions. However, once installation is complete and Maneval Construction leaves the work site, Owner/customer understands and agrees that Maneval Construction Corp. Cannot be responsible for materials, area maintenance and safety, and therefore Owners/customers assumes all responsibilities. Illinois law shall govern this proposal and agreement, without regard to any choice of law provisions. Should any part of this agreement be deemed unenforceable, the remaining terms shall be severable and separately enforced. Maneval Construction Corp, is an independent contractor, and shall be responsible as required by law and custom and practice for its own actions and employees. It assumes no responsibility, however for supervision of other persons or entities, or for their actions. This contract may contain content that is considered proprietary and/or confidential. All contract content is intended solely and strictly for the use of the intended recipient INITIAL. If you are not the intended recipient you should not read or copy this contract. If you are not the intended recipient, all disclosure, distribution, and reproduction, or taking any other action based on the contents of this information is strictly prohibited. K BID PROPOSAL Platinum Terrain 7701 Blivin Street Spring Grove, IL 60081 Contact: Ray Braden Phone: 815-675-2202 Fax: 815-675-6234 Quote To: HR Green Contact: Chad Pieper Address: 420 N. Front Street McHneyr, IL 60050 Phone: 815-3 85-1778 Email: cpieper@hrgreen.com Mobile: 815-482-8706 Job Name: D's Marine Sanitary Service Location: Waukegan Road McHenry, IL Date of Plans: Site Visit - sketch provided Bid Date: 10/13/2020 ITEM DESCRIPTION QUANTITY UNIT 10 Cut and Cap 12" PVC line @ Valve 1.00 EA 20 Cut & Cap 6" PVC line @ Valve 1.00 EA 30 Connect to Existing Sanitary Manhole w/Core & Boot 1.00 EA 40 Install 8" SDR 26 Sanitary Sewer 174.00 LF 50 Install 4' Sanitary Manhole 1.00 EA 60 Connect to Existing Service with Cleanout 1.00 EA GRAND TOTAL $57,922.94 NOTES: * This Project has been bid for 1 Mobilization * Survey/Layout with offsets if needed to be installed by others prior to mobilization. * This proposal is based off site visit and sketch provided. * Winter conditions, frost ripping and material increases have not been included. * Concrete & asphalt restoration is to be by others. * Not responsible for delays caused by others, union delays and weather. Any delays in scheduling out of our control which create accelerated schedules or the need for other subcontractors will be paid by others. * Private utilities not located by the DIGGERS One call system are to be located by others, if not located we are not liable for damages/repairs. * All locates of private utilities not located under the standard one call locating system shall be located by others. Any damages to private unmarked utilities will be repaired by others. * Any and all Permits/fees if needed are by others. * The excavation price does not include unsuitable excavation below sub -grade. * Our pricing is based on moving clean soil only - contaminated soil, building debris, buried trees, etc. will necessitate additional charges or be left onsite. * Erosion control measures have not been included unless specified. * Exclude soils testing, permits and inspections. * Work to be performed during normal working hours, overtime, night shifts or weekend work will require additional compensation. * Hand excavation is excluded. * Dewatering in excess of what can be handled by the intermittent use of a 2" electric pump is excluded. Page 1 of 2 * No relocation, adjustments and/or removal of existing utilities or structures has been included. * Spoil haul off is included, any unsuitable or hazardous materials will be left onsite or additional charges will apply. * All final adjustments to be made prior to any pavement courses being installed. * Any specification, detail or municipal ordinance that is not specifically shown or noted on the plans has not been included in our pricing of this project. * Payment is due in full upon completion unless otherwise agreed upon in writing. Payment made after 15 days of invoice will be subject to 1.5% per month interest - 18% per annual * if the occasion arises, the proper venue to resolve any disputes shall be in McHenry County, Illinois. any costs associated with costs of collection including attorney fees will be paid by the customer. * Work is performed in order of contracts awarded. * This proposal is to be included in any contract that is issued. HR Green X Platinum Terrain LLC 61 Date Date Page 2 of 2 CITY OF MCHENRY PURCHASE ORDER - CONSTRUCTION (Small Projects) late: October 23, 2020 Purchase Order No. Project: Central Wnstcwntcr Treatment Plant Demolition - D's Marine Location: Sanitary Sewer Service Relocation Owner Contractor/Vendor Architect/Engineer City of McHenry Platinum Terrain 333 South Green Sheet 7701 Blivin Street McHenry, Illinois 60050 Spring Grove, IL 60081 Phone: (815) 363-2100 Phone: 815-675-2202 Phone: Fax: (815) 363-2119 Fax: 815-675-6234 Fax: Contact: Derik Morefield, Contact: Ray Braden Contact: City Administrator COST OF WORK The Contract Price of the Work under this Purchase Order is $57,922.94. SCOPE OF WORK: Furnish the Work/items described below in accordance with the following plans and specifications: •General Contract ,{Specification No(s): , dated , 20 • Plans dated: •Addendum No(s): x Other: Contractor Proposal dated 10-13-20 and sketch plan (Attached as Exhibit A) The following prices shall remain in effect for the duration of nroiect: QUANTITY UNIT OF MEASURE DESCRIPTIONATEMS LUMP SUM UNIT PRICE EXTENSION 1 Lump Sum Provide all labor, materials and equipment necessary for $57,922.94 $57,922.94 construction/installation of: 8" PVC sanitary sewer service for D's Marine. Approximately 174 LF, 1 EA 4' Dia Manhole and various appurtenance items. Cut and Cap existing 6" and 12" PVC line at valve. TOTAL $57,922.94 NOTES: 1) Contractor shall pay Prevailing wages in accordance with 820 ILCS 130 / Prevailing Wage Act. 2) No partial payments will be made. No performance bond Required. WARRANTIES and INDEMNIFICATION Contractor/Vendor 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 Contractor/Vendor 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 10 working 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. 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: Contractor/Vendor 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. Contractor/Vendor 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 fi•om all liability, costs and charges by reason of any act or representations of Contractor/Vendor, its agents or employees. 4. Workmanship; Safety,: All Work shall be performed by Contractor/Vendor in a neat, skillful and workmanlike manner, and all materials furnished by Contractor/Vendor 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. Contractor/Vendor 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 Contractor/Vendor 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 S. Extra's and Change Orders: No claim by Contractor/Vendor 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 Contractor/Vendor 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 Contractor/Vendor 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. 6. Inspection and Acceptance: Owner shall have the right at all reasonable times to inspect and test all goods, materials or Work furnished by Contractor/Vendor 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 Contractor/Vendor 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/Vendor 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 Contractor/Vendor to arrange for and complete delivery of all goods or materials. If the goods or materials furnished thereunder are equipment, Contractor/Vendor shall give Owner two (2) working days' advance notice of delivery. All goods or materials furnished by Contractor/Vendor should be shipped in the manner and at the times indicated on the face hereof at the expense of Contractor/Vendor, it being understood that the risk of loss with respect to such goods is with Contractor/Vendor 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 Contractor/Vendor from time to time for the Work performed and the materials furnished by the Contractor/Vendor. Provided, however, in no event shall Owner be obligated to pay Contractor/Vendor 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 Contractor/Vendor, the Contractor/Vendor 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 Contractor/Vendor's Work hereunder. The Owner will, at all times, be entitled to retain ten percent (10%) of all monies due and owing to the Contractor/Vendor as a part security for the faithful performance of this Agreement. This ten percent (10%) so withheld will not be paid to the Contractor/Vendor until the Owner has issued to the Contractor/Vendor a final acceptance of the Project. 8.2 Owner may withhold the whole or any part of any payment due to the Contractor/Vendor 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 Contactor/Vendor to make payments promptly for material or labor; or (d) Contactor/Vendor's failure to furnish Owner with all written warranties and operational manuals for the Work. 8.3 Contractor/Vendor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the Contractor/Vendor 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 Contactor/Vendor; (b) the Owner for damages sustained whether through negligence of the Contractor/Vendor or through failure of the Contractor/Vendor to act as may be otherwise detailed herein; (c) materialmen; (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, darnages or back -charges applying such monies so available in the order hereinbefare 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 Contactor/Vendor as to the value of the time and materials for the changes in the Work. In any event, the Contractor/Vendor 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 Contractor/Vendor will be liable to repair or replace any imperfect workmanship or other faults; and if the Contactor/Vendor fails to repair or replace the imperfect workmanship or other faults, the Owner may do the Work and recover from the Contractor/Vendor 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. Contractor/Vendor Warranty: Contractor/Vendor 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 fi-om defects for a period of one (1) year, or such longer period as is specified in the Scope of Work or Contact 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. Contractor/Vendor 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. 10. Insurance and Bonds: Contractor/Vendor shall at all times maintain business automobile, commercial liability and workers compensation insurance covering its work and all obligations under this Purchase Order, and shall name the Owner as an additional insured on its commercial liability insurance policies for Contractor/Vendor 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/Vendor 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 ContractorNendor shall promptly pay for all labor, materials, supplies, tools, equipment and other charges or costs of Contractor/Vendor 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 Contractor/Vendor 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. Contractor/Vendor assumes the entire liability for its own negligence, and as part of this Agreement waives all defenses available to Contractor/Vendor as an employer which limit the amount of Contractor/Vendor's liability to Owner to the amount of Contractor/Vendor's liability under any workers compensation, disability benefits or employee benefit acts. 12. Patents: Contractor/Vendor 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 infi•ingement. Contractor/Vendor 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 Contractor/Vendor, 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 Contractor/Vendor, may cancel the whole or any part of this Purchase Order when it is in the best interest of Owner or when Owner has been notified of modification of the specifications pertaining thereto. If this Purchase Order is so canceled, the Contractor/Vendor 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 Contractor/Vendor'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 Contractor/Vendor thereunder. In the event Contractor/Vendor fails to do so, Owner may furnish or perform the same, and may recover from Contractor/Vendor the cost and expense directly or indirectly resulting there fi•om, 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, Contractor/Vendor 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: Contractor/Vendor 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 Contractor/Vendor and the results thereof, Contractor/Vendor 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 Contractor/Vendor on a mutually agreed date and time. 18. Assignment: Contractor/Vendor 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 Contractor/Vendor. 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 Contractor/Vendor 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 terns 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 BID PROPOSAL Platinum Terrain 7701 Blivin Street Spring Grove, IL 60081 Contact: Ray Braden Phone: 815-675-2202 Fax: 815-675-6234 Quote To: HR Green Contact: Chad Pieper Address: 420 N. Front Street McHneyr, IL 60050 Phone: 815-385-1778 Email: cpieper@hrgreen.com Mobile: 815-482-8706 .lob Name: Location: Date of Plans: Bid Date: D's Marine Sanitary Service Waukegan Road McHenry, IL Site Visit - sketch provided 10/13/2020 ITEM DESCRIPTION QUANTITY UNIT 10 Cut and Cap 12" PVC line @ Valve 1.00 EA 20 Cut & Cap 6" PVC line @ Valve 1.00 EA 30 Connect to Existing Sanitary Manhole w/Core & Boot 1.00 EA 40 Install 8" SDR 26 Sanitary Sewer 174.00 LF 50 Install 4' Sanitary Manhole 1.00 EA 60 Connect to Existing Service with Cleanout 1.00 EA GRAND TOTAL $57,922.94 NOTES: * This Project has been bid for 1 Mobilization * Survey/Layout with offsets if needed to be installed by others prior to mobilization. * This proposal is based off site visit and sketch provided. * Winter conditions, frost ripping and material increases have not been included. * Concrete & asphalt restoration is to be by others. * Not responsible for delays caused by others, union delays and weather. Any delays in scheduling out of our control which create accelerated schedules or the need for other subcontractors will be paid by others. * Private utilities not located by the DIGGERS One call system are to be located by others, if not located we are not liable for damages/repairs. * All locates of private utilities not located under the standard one call locating system shall be located by others. Any damages to private unmarked utilities will be repaired by others. * Any and all Permits/fees if needed are by others. * The excavation price does not include unsuitable excavation below sub -grade. * Our pricing is based on moving clean soil only - contaminated soil, building debris, buried trees, etc. will necessitate additional charges or be left onsite. * Erosion control measures have not been included unless specified. * Exclude soils testing, permits and inspections. * Work to be performed during normal working hours, overtime, night shifts or weekend work will require additional compensation. * Hand excavation is excluded. * Dewatering in excess of what can be handled by the intermittent use of a 2" electric pump is excluded. Page 1 of 2 * No relocation, adjustments and/or removal of existing utilities or structures has been included. * Spoil haul off is included, any unsuitable or hazardous materials will be left onsite or additional charges will apply. * All final adjustments to be made prior to any pavement courses being installed. * Any specification, detail or municipal ordinance that is not specifically shown or noted on the plans has not been included in our pricing of this project. * Payment is due in full upon completion unless otherwise agreed upon in writing. Payment made after 15 days of invoice will be subject to 1,5% per month interest - 18% per annual * If the occasion arises, the proper venue to resolve any disputes shall be in McHenry County, Illinois. any costs associated with costs of collection including attorney fees will be paid by the customer. * Work is performed in order of contracts awarded. * This proposal is to be included in any contract that is issued. HR Green Date Platinum Terrain LLC X Date Page 2 of 2 EXHIBIT-7 SEC'4'ER CATCH BASIN EXIST. WATER VALVE (TYP.) RIM=740.58 Exisr. WGIN I'MI'Roll OWS U6.86 (SW) 12" RCP ADW CE11 MA L RA111T Oil- SrAt OLA/, LOCATE AND VERIFY D's MARINE SANITARY O ' 5' SEWER SERVICE - - — Q ER (TYP) t, �i 1e�� _ �uai�w' _ - EXIlS . SMH RIM=740.69 a T 1 L INV 8" (NE)=735.99 1 I �STAT! INV 12" (NE)=737.09 r SERER INV 8" (W. D's MARINE)=733.83 F =740.69 lootO /� 74a.57 INV 12" (W, SE)=729.04 z B" VCP - - - BASEMENT - - f2' yLp F/F= 731.67 8" VCP 3- --- - - - - -- - - - -- ALp )US - — PROPOSED 100+00 WR 86 Y. 1 t? \ SERIES BASE LINE h1 R J� , i1:P GY�±�-,r*-- � � �tpl% 4p, 45' END TA. ' 1 1-57 x PLUG ALL SEWERS EXCEPT D's SERVICE. X g" _ ......____..,.„......�..FILL MH TO 732.8 ELEVATION. EXIST. )2" �? EXIST. SANITARY SEWER ■// SANITARY SEWER MANHOLE alAf-74035 INV-72Z77 (N,E) `- / 243 S y EXIST. SANITARY SEWER 45' BEND 10 f a MANHOLE RIM-740.72 STA. 101+30 I rl 'lNV=728.07 (NE,NW,S) -- - • •-- -) STA.4202+47 PROP. 10"X14" 490ST. OMS iL 24 0' L Ra<aUM r 202+00 \ \ 20: NEW 8" PVC GRAVITY y 'ra SERVICE TO D's MARINE 2� f •-- —""--� — v SERIES BASE LINE , _ -' •� - ` 1=-'. ;_ q� _- EXIST, S/GN (TYP) 732.0 INV 1 EX/ UTILITY POLE` (T�'}?J• / 'f CENTRAL PUMPING STATION EXIST 38 SANITAR j ��UV jm rr� AAA"lA1A ORDINANCE NO.20- AN ORDINANCE AMENDING THE FY2 02 012 021 BUD GET FOR THE FISCAL YEAR ENDING APRIL 3012021 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, 2021 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 2nd day of November, 2020. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Sand 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 - $65,000 D's Marine Sanitary Sewer Service Relocation Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT DATE: November 2, 2020 TO: Mayor Jett and City Council FROM: Troy Strange, P.E., Director of Public Works RE: CWWTP Demolition Hazardous Materials Removal Contract Award ATT: Contract Agreement for Execution As -Read Tabulation of Bids HR Green, Inc. Recommendation to Award Budget Amendment Ordinance AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a contract for the hazardous materials removal for the demolition of the former Central Wastewater Treatment Plant to Dynamic Contracting Services LLC of Maple Park, Illinois in the amount of $25,600.00. Staff further requests City Council to consider the approval of a budget amendment in the amount of $30,000.00 from the Water and Sewer Fund. The amount of the budget amendment request is more than the contract amount due to the complexity of the work and to be able to account for unanticipated costs that may require additional services. BACKGROUND: In summer of this year, staff was able to reactivate an old grant application for $525,000 in Department of Commerce and Economic Opportunity funding for the demolition of the Central Wastewater Treatment Plant. The term of the grant is set to expire in June of 2021 and therefore the project must be substantially completed and billed out for reimbursement by the end of the term of the grant. In order to complete the demolition by the end of the term of the grant, engineering work began shortly thereafter. Engineering design work for the demolition project has since been completed and the construction contract for the demolition project is currently released for bidding with bids to be accepted the third week of November. To minimize the costs of markup on subcontracted work and allow for the demolition project to be solely focused on demolition, small portions of the project including hazardous materials removal and the relocation of the sanitary sewer service at D's Marine have been bid separately. 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. On October 14, 2020 bids were received for the hazardous materials removal. Four total bids were received ranging from $25,600.00 to $64,555.00. The Engineer's Estimate of Cost for this work was $50.000.00. • Dynamic Contracting Services, LLC $25,600.00 • Holian Asbestos Removal $64,555.00 • Husar Abatement, LTD $30,388.00 • NES Environmental $51,800.00 This project was not included in the approved FY20/21 Budget. However, staff was given direction to move forward with the completion of the project in order to utilize the $525,000.00 in grant funding which was secured by staff in June of this year. Because this project was not included in the approved FY20/21 budget, a budget amendment will be required. Staff is recommending a budget amendment in an amount in excess of the awarded amount to allow for a construction contingency. ANALYSIS: The bids have been reviewed for accuracy and staff recommends awarding the contract to Dynamic Contracting Services LLC of Maple Park, Illinois. RECOMMENDATION: Therefore, if City Council concurs, staff recommends awarding a contract for the hazardous materials removal for the demolition of the former Central Wastewater Treatment Plant to Dynamic Contracting Services LLC of Maple Park, Illinois in the amount of $25,600.00. Staff further requests City Council to consider the approval of a budget amendment in the amount of $30,000.00 from the Water and Sewer Fund. 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. HR Green, Inc. Project No. 200769 SECTION 00520 AGREEMENT Central WWTP Haz-Mat Removal McHenry, Illinois THIS AGREEMENT is dated as of the 2nd day of November , 2020, by and between the City of McHenry, Illinois (hereafter called Owner) and Dynamic Contracting Services, LLC (hereafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. Contractor shall complete all Work as specified or indicated under the Contract Documents entitled Central WWTP Haz-Mat Removal generally described as follows: The project includes furnishing all labor, materials and equipment necessary for the removal of all Asbestos, Lead -Based Paint and Hazardous building materials from the former City of McHenry Central Waste Water Treatment Plant as detailed in the report provided by Tropical Environmental, Inc. dated August 31, 2020, to complete the project in accordance with the Contract Documents. ARTICLE 2. CONTRACT TIMES. With Notice to Proceed no later than October 27, 2020, all portions of the Work shall be substantially complete on or before November 25, 2020 and completed on or before December 4, 2020, subject to any extension of time, which may be granted by the Owner. ARTICLE 3. LIQUIDATED DAMAGES. Owner and the contractor recognize that time is of the essence of this Agreement and that the owner will suffer financial loss if the Work is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 15 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner One Hundred (100) dollars for each calendar day that expires after the time of substantial completion as specified in Article 2 herein and Two Hundred (200) dollars for each calendar day that expires after final completion as specified in Article 2 herein. ARTICLE 4. CONTRACT PRICE. AGREEMENT 00520 - 1 HR Green, Inc. Central WWTP Haz-Mat Removal Project No. 200769 McHenry, Illinois Owner shall pay Contractor for completion of the Work pursuant to the Contractor's Bid Form and in accordance with the Contract Documents in current funds as follows: Twenty[Five Thousand Six Hundred dollars ARTICLE 5. PAYMENT PROCEDURES. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. ARTICLE 6. ASSIGNMENT. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Owner and contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. ARTICLE 7. CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire contract between Owner and Contractor concerning the Work, consist of this Agreement; Performance and Maintenance Bond and Payment Bond; Notice to Proceed; General Conditions; Supplementary General Conditions; and Drawings and Technical Specifications, Contractor's Bid Form, and all written amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions, which may be fully executed after the effective date of the Agreement, for the said project. AGREEMENT 00520 - 2 HR Green, Inc. Project No. 200769 Central WWTP Haz-Mat Removal McHenry, Illinois IN WITNESS WHEREOF, owner and contractor have caused this Agreement to be executed the day and year first above written. City of McHenry, Illinois M Wayne S. Jett, Mayor Attest: Monte Johnson, Deputy Clerk Address for giving notices City of McHenry 333 S. Green Street McHenry, IL 60050 Dynamic Contracting Services, LLC Steven Kastel, President CORPORATE SEAL Attest: Address for giving notices Dynamic Contracting Services, LLC 435 Stevens Street Unit B Geneva, IL 60134 END OF SECTION 00520 AGREEMENT 00520 - 3 As -Read Bids Project: WWTP Asbestos Removal (cei't 7aj Fiatq{) Date: 10/14/2020 Time: 10:00 a.m. Engineer's Estimate: CONTRACTOR ADDENDUM (Y, N or N/A) BID BOND (Y of N) AFFIVAVIT OF ILLINOIS BUSINESS OFFICE (Y or N) BASE BID AMOUNT (Asti r LTD s 3 D, 3 $ b. 0 0 W101n ll�ls q fps amoal `� �I s b qj 55S. 0 0 S 6!, 5 0 0• Do rth-aC-h`n SeKO'US G s '35, �o 00. 00 >420 North Front Street I Suite 100 1 McHenry, IL 60050 Main 815.385.1778 + Fax 815.385.1781 HRGreen, October 15, 2020 Mr. Troy Strange, PE Director of Public Works City of McHenry 1415 Industrial Drive McHenry, IL 60050 RE: City of McHenry — Central WWTP HazMat Removal Recommendation of Award HR Green Job No. 200769 Dear Mr. Strange: The City of McHenry received four (4) bid proposals for the construction of the Central WWTP HazMat Removal Project at the bid opening on October 14, 2020. The four (4) bids ranged in price from a low bid of $25,600 submitted by Dynamic Contracting Services, LLC. to a high bid of $64,555.00 submitted by Holian Asbestos Removal and represents competitive pricing for work of this nature. The engineering estimate for this project was $50,000. We have analyzed the bid documents and checked them for accuracy, and checked the supplied references, and find Dynamic Contracting Services, LLC of Geneva, IL to be the lowest qualified bidder. HR Green recommends award of the contract to Dynamic Contracting Services in the lump sum amount of $25,600.00. Please let me know if you have any questions or need any additional information. Sincerely, HR GREEN, INC. la �4;c�:7 - Chad J. Pieper, P.E. Project Manager CJP/ cc: Greg Gruen — City of McHenry file J:\2020\200769\Design\Bid\Itr-101520-HazMat_Rec of Award.docx ORDINANCE NO.20- AN ORDINANCE AMENDING THE FY202012021 BUDGET FOR THE FISCAL YEAR ENDING APRIL 30, 2021 WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City of McHenry acting by and through its Mayor and City Council has previously approved the FY20/21 Annual Budget for the Fiscal Year Ending April 30, 2021 by a motion at the Regular City Council Meeting held on April 20, 2020; and WHEREAS, it is necessary and appropriate to delete, add to, or otherwise change certain line items in said Budget Ordinance as provided in Exhibit A to this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the amendments to the Budget Ordinance for the Fiscal Year Ending April 30, 2020 are hereby approved in the form and content as provided by Exhibit "A" which is attached hereto and made part hereof. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 2"a day of November, 2020. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Trisha Ramel, City Clerk EXHIBIT A The following budget items are amended by this Ordinance: FY20/21 Water and Sewer Fund - $30,000 Central Wastewater Treatment Plant Demolition Hazardous Material Removal Office of Finance & Accounting Carolyn Lynch, Director McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org DISCUSSION ITEM DATE: November 2, 2020 TO: Mayor and City Council FROM: Carolyn Lynch, Finance Director RE: 2020 Tax Levy Discussion ATTACHMENTS: PTELL Calculation 2019 McHenry County Tax Rates AGENDA ITEM SUMMARY: The purpose of this agenda item is to provide City Council with the opportunity to discuss the 2020 Property Tax Levy and to provide City Staff guidance on the levy amount to be requested. BACKGROUND/ANALYSIS: Approximately 76.3% of the FY20/21 budgeted General Fund Revenues are derived from Sales Tax, Income Tax and Property Tax receipts with the remaining approximate 23.7% coming from such sources as miscellaneous other intergovernmental taxes, grants, franchise fees, licenses and permits, fines and forfeitures, and charges for services. For the FY20/21 Budget, Property Tax receipts comprised 20% ($4,942,359) of the total budgeted revenues ($24,698,778). As the Council is aware, McHenry has implemented a Fund Balance and Reserve Policy and for the General Fund, this policy recommends that the unrestricted fund balance be maintained at 120 days of estimated operating expenses. Additionally, after the minimum fund balance is met, that excess fund balance should be assigned for future capital expenses. At the end of FY2019/20, there were $0 additional funds to be transferred to the Capital Improvements Fund as excess fund balance. In fact, at this time the fund balance is actually $696,142 below the required 120 minimum, but not below the 90 day balance that requires a plan to be enacted to build up the fund balance. As the Council discusses the property tax levy, it should keep the following factors in mind. First, COVID has made revenues like Sales and Income Taxes more volatile, and made stable revenues like Property Taxes more important. Second, despite the most conservative budgeting efforts, General Fund operating costs will continue to increase due to salary and benefit increases. Despite the fact that as a "Home Rule" community the City of McHenry is no longer subject to the Property Tax Extension Limitation Law, or PTELL - which limits increases to residents' property taxes by preventing a local government's property tax levy from growing at a faster pace than the rate of inflation, or 5%, whichever is less - the City has continued to follow PTELL guidelines for establishing the property tax levy. In fact, for the years 2011-2015 the City chose to maintain a flat property tax levy request at the amount that was requested in 2010. In 2016, Council chose to decrease the property tax levy request by 3%. And in 2017-2019 the levy was again maintained flat from the 2016 reduced amount. For the 2020 tax year the inflationary rate is 2.3%. The Estimated Rate Setting EAV supplied by McHenry County is 747,992,159 (an increase of 6.6% over 2019) which includes new construction of 7,390,938. PTELL calculated with the inflationary rate and the estimated EAV equates to an Estimated Limited Extension of $4,772,190, or a $153,404 increase over last year. If the City was just to increase the Property Tax Levy by new construction only the Estimated Limited Extension would be $4,664,853 or a $46,067 increase over last year (1%). Based on the above information, it is important to remind the Council that freezing or reducing the City's portion of the property tax levy does not mean that home -owners will see a reduction in their property tax bill. Change in EAV also drives change in the property tax bill. When the EAV declines the tax rates must go up in order to fully fund the property tax levy because the same amount of money needs to be collected across the new lower values as requested by all taxing districts. For 2019, the EAV increased for the fourth consecutive year so the tax rates for the City went down slightly lowering the burden on taxpayers. In fact, in 2019 that portion of a resident's tax bill directed to the City of McHenry was only 6.4% of the total amount. However, this does not take into consideration actions taken by the other taxing jurisdictions that comprise the total property tax bill. As an example, in 2015 the City of McHenry kept its portion of the property tax bill the same as 2014, but the amount of property tax paid by the owner of a $200,000 home actually increased by $43.51 due to levy increases by other taxing bodies. It is important to note with the upcoming issuance of the Pension Obligation Bonds the City will have a separate levy for the annual bond costs. Once Council determines if there will be a change to the Property Tax Extension, City Staff will make sure the Pension Obligation Bond Levy and the total City Levy equal this Property Tax Extension dollar amount. The current estimated Pension Obligation Bond Levy is $1,654,524.91 (final pricing will be completed prior to setting the levy), this leaves $2,964,261 for the Property Tax Extension. The final Property Tax Extension will be reflected in the ordinance that is brought forward for approval. Annually, prior to the end of the calendar year, the City must provide the amounts required for the property tax levy so that the funds generated through this revenue mechanism will become available during the 2021/2022 fiscal year. The levy request must be approved by the City Council and submitted to the McHenry County Clerk by the last Tuesday in December (the 29th in 2020). There are public notification timeframes also associated with this process. With this date as a target, the 2020 Property Tax Resolution indicating the levy amount and Public Hearing will be presented at the November 161h, 2020 Council meeting and, upon adoption of the resolution, the Property Tax Levy Public Hearing and consideration/adoption of the levy amount is scheduled for the December 21, 2020 City Council meeting. Property Tax Limitation Worksheet 2020 Tax Year Estimate Levied in 2020 - Collected in 2021 Proj EAV 747,992,159 Prior EAV 701,420,237 Inflation Factor 2.3% Prior EAV - Disconnected = 701,420,237 - 0 = Adjusted Prior Adjusted ((Extension X (Prior EAV / 4,618,786 701,420,237 Current Current EAV - Annexed In) - 747, 992,159 0 (Numerator / Denominator) _ 4,725,018 740,601,221 Estimated Limited Extension Property Tax Limitation Worksheet New Construction Only 2020 Tax Year Estimate Levied in 2020 - Collected in 2021 Proj EAV 747,992,159 Prior EAV 701,420,237 Inflation Factor 0.0% Prior EAV - Disconnected = 701,420,237 0 = Adjusted Prior Adjusted ((Extension X (Prior EAV / 4,618,786 701,420,237 Current Current EAV - Annexed In) - 747,992,159 0 (Numerator / Denominator) _ 4,618,786 740,601,221 Estimated Limited Extension shaded = estimated 6.6% From www.bls.gov/cpi/cpi/#tables: CPI Detail Report Adjusted Prior EAV 701,420,237 Prior EAV)) X Limit = 701,420,237 1.023 Current (New Propertv X State Multi)) _ 7,390,938 1.0000 Limiting Rate/100 Eav 0.6380 $4,772,190 153,404 shaded = estimated 6.6% From www.bls.gov/cpi/cpi/#tables: CPI Detail Report Adjusted Prior EAV 701,420,237 Prior EAV)) X Limit = 701,420,237 1.000 Current (New Propertv X State Multi)) _ 7,390,938 1.0000 Limiting Rate/100 Eav 0.6237 $4,664,853 46,067 Numerator 4,725,018 Denominator 740,601,221 3.3% Numerator 4,618,786 Denominator 740,601,221 1.0% City of McHenry 2019 Property Taxes on $200,000 Home By Government Unit 2019 Tax Percent Government Unit Rate Amount of Total McHenry County 0.786789 $524.53 7.63% McHenry Co. Conservation 0.228597 152.40 2.22% MCC College District 0.356415 237.61 3.46% School Dist. #15 4.695968 3130.65 45.54% School Dist. #156 2.393413 1595.61 23.21 % McHenry Fire District 0.535240 356.83 5.19% McHenry Library 0.296110 197.41 2.87% McHenry Twnshp. 0.115830 77.22 1.12% McHenry Twnshp. Rd. & Br. 0.244918 163.28 2.38% McHenry City 0.658494 439.00 6.38% 10.311774 $6,874.54 100,00% City of McHenry - PTELL (2.3% Increase) 2020 Property Taxes on $200,000 Home By Government Unit 2019 Tax Percent Government Unit Rate Amount of Total McHenry County 0.786789 $524.53 7.65% McHenry Co. Conservation 0.228597 152.40 2.22% MCC College District 0.356415 237.61 3.46% School Dist. #15 4.695968 3130.65 45.63% School Dist. #156 2.393413 1595.61 23.26% McHenry Fire District 0.535240 356.83 5.20% McHenry Library 0.296110 197.41 2.88% McHenry Twnshp. 0.115830 77.22 1.13% McHenry Twnshp. Rd. & Br. 0.244918 163.28 2.38% McHenry City 0.638000 425.33 6.20% $10.291280 $6,860.87 100.01% City of McHenry - PTELL (New Property Increase) 2020 Property Taxes on $200,000 Home By Government Unit 2019 Tax Percent Government Unit Rate Amount of Total McHenry County 0.786789 $524.53 7.65% McHenry Co. Conservation 0.228597 152.40 2.22% MCC College District 0.356415 237.61 3.46% School Dist. #15 4.695968 3130.65 45.63% School Dist. #156 2.393413 1595.61 23.26% McHenry Fire District 0.535240 356.83 5.20% McHenry Library 0.296110 197.41 2.88% McHenry Twnshp. 0.115830 77.22 1.13% McHenry Twnshp. Rd. & Br. 0.244918 163.28 2.38% McHenry City 0.623700 415.8 6.06% $10.276980 $6,851.34 99.87%