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%