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HomeMy WebLinkAboutPacket - 3/7/2022 - City CouncilThe City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in
a customer-oriented, efficient, and fiscally responsible manner.
AGENDA
REGULAR CITY COUNCIL MEETING
Monday, March 7, 2022, 7:00 p.m.
City Council Chambers, 333 S Green St, McHenry, IL 60050
This meeting will be live streamed with a quorum of the City Council physically present. Public comments may only be
heard by members of the public physically present at the meeting. Remote public comments will not be heard.
The public can listen and view the meeting from the following link: https://cityofmchenry.zoom.us/j/88164229985
1.Call to Order.
2.Roll Call.
3.Pledge of Allegiance.
4.Public Comments:
5.Presentation: Lafarge Aggregates South Mine Plan Update. (Randi Wille, Lafarge Aggregates/Meyer
Material Company)
6.Consent Agenda. Motion to Approve the following Consent Agenda Items:
A.Resolution authorizing the Deputy City Clerk to update the official zoning map and to publish a
notice of the zoning map update; (Deputy City Clerk Johnson)
B.Authorization for staff to enter into a Purchase Agreement with Knap heide Equipment Co.
Chicago of McHenry, IL for the upfitting of a recently acquired Ford F550 unit with
snowplowing equipment; (Public Works Director Strange)
C.Parks & Recreation Facilities & Special Use Permit Requests;
D.February 22, 2022 City Council Meeting Minutes;
E.Issuance of Checks in the amount of $108,190.56.
7.Individual Action Item Agenda.
A.Motion to adopt an Ordinance authorizing the Mayor and City Clerk to execute a five (5) year
contract agreement with Flood Brothers Disposal Co. for Municipal Refuse Hauling Services.
(Public Works Director Strange)
B.Motion to approve an Ordinance amending the FY21/22 Tax Increment Finance Budget in the
amount of $600,000 and waive the formal bidding process and accept the low quote from
Bruceski’s Marine Construction in the amount of $550,903.34 for the construction of the
Riverwalk from north of Pearl Street Bridge to south of Weber Park. (Parks and Recreation
Director Hobson)
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C.Motion to approve an Ordinance amending the FY21/22 Parks Developer Fund Budget in the
amount of $72,500 and to execute the final design and engineering proposal from Hitchcock
Design Group for the development of Miller Point Park. (Parks and Recreation Di rector Hobson)
D.Motion to approve or deny a Class C Liquor License to Heavenly Liquor & Tobacco, located at
3012 W. Illinois Route 120 and, if approved, pass an Ordinance amending Title 4, Chapter 2,
Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on
Number of Licenses. (City Administrator Morefield)
E.Motion to approve an Ordinance granting Zoning Variations for a Wingstop Restaurant at 4213
W. Elm Street. (Community Development Director Polerecky)
F.Presentation and Adoption of McHenry Downtown Streetscape Program. (Staff)
8.Discussion Items.
A.Annual MS4 Update and Green Infrastructure Recommendations. (Public Works Director
Strange)
9.Executive Session as needed.
10.Staff Reports.
A.Staff Report for March 7, 2022
11.Mayor’s Report.
12.City Council Comments.
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.
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Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
REGULAR AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Ross Polerecky, Community Development Director
FOR: March 7th 2022 Regular City Council Meeting
RE: Lafarge, Annual Mine Presentation and Update
ATT: Presentation
Agenda Item Summary: Lafarge is required to give an annual update on the status of their mining.
Randi Willie from Lafarge is here to present the previous years progress as well as the next years
plans for progression.
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Monte Johnson
Deputy City Clerk
City of McHenry
333 S Green St
McHenry, Illinois 60050
Phone: (815) 363-2108
mjohnson@cityofmchenry.org
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.
CONSENT AGENDA SUPPLEMENT
DATE:March 7, 2022
TO: Mayor and City Council
FROM: Monte Johnson, Deputy City Clerk
RE: 2022 Annual Zoning Map Update and Notice Publication
ATT:
1. Resolution authorizing the Deputy Clerk to update the official zoning map and to publish
a notice of the zoning map update
2. 2022 Zoning Map Update w/revisions
Illinois State Statutes require the City’s zoning map be published no later than March 31st of each
year to accurately reflect all annexations, zoning changes and subdivisions approved by the City
during the previous calendar year. To comply with the statutes, a resolution has been prepared
which authorizes the Deputy Clerk to make any necessary changes and to publish a notice that
the map has been updated.
Therefore, if the City Council concurs, it is recommended a motion be made to approve the
attached Resolution Authorizing the Deputy Clerk to Update the Official Zoning Map and to
Publish a Notice of the Zoning Map Update.
Clerk’s Note:
Now that we have technology that didn’t exist in the 1800s when the zoning map law was written,
if anybody is looking for the most current zoning map, they should refer to our online interactive
application that can be found here:
https://mchenry.maps.arcgis.com/apps/webappviewer/index.html?id=6d4e9d3413ab4300b36
1b8a6425bb580
The online version of the zoning map is updated the next day after any zoning map changes have
been passed by the City Council. It is also available on the City’s website with an easy to find link
under “Maps”.
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Resolution 22-
RESOLUTION AUTHORIZING THE DEPUTY CLERK TO UPDATE THE OFFICIAL ZONING MAP AND
TO PUBLISH A NOTICE OF THE ZONING MAP UPDATE
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 Resolution constitutes an exercise of the City’s home rule powers and functions
as granted in the Constitution of the State of Illinois; and
WHEREAS, 65 ILCS 5/11-13-19 requires the Corporate Authorities to cause to be
published, no later than March 31st of each year, a map clearly showing the existing zoning
uses, divisions, restrictions, regulations and classifications of the municipality for the preceding
calendar year; and
WHEREAS, said map shall be the Official Zoning Map of the City.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Aldermen of the City of McHenry,
McHenry County, Illinois, as follows:
1. That the Deputy Clerk is hereby authorized to update the Official Zoning Map of the City
to show all existing zoning uses, divisions, restrictions, regulations and classifications in
effect as of December 31, 2021; and
2. The Deputy City Clerk is directed to publish said map, in the manner Ordinances of the
City are published; and
3. That the Deputy Clerk is further directed to publish a Public Notice in the Northwest
Herald announcing that the Official Zoning Map has been updated as required by the
Illinois Municipal Code and said Notice shall read as follows:
Notice is hereby given that the Official Zoning Map of the City of McHenry, as
required by 65 ILCS 5/11-13-19, has been updated and said map has been
published, in the manner Ordinances of the City are published. Said Official
Zoning Map is available for public inspection in the City of McHenry Municipal
Center, 333 S. Green St., McHenry, IL 60050, during regular business hours.
Monte Johnson, Deputy City Clerk
City of McHenry
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Dated this 7th day of March 2022.
APPROVE: ATTEST:
Mayor Wayne S. Jett Deputy City Clerk
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City of McHenry, IL0 1,000 2,000 3,000 4,000500Feet1 inch equals 1,083 feetRevised 2/18/22By: Monte JohnsonDeputy City ClerkZoning DistrictsZoningA-1 AgricultureA-M Agricultural & MiningBP Business ParkC-1 Convenience CommercialC-2 Neighborhood CommercialC-3 Community CommercialC-4 Downtown CommercialC-5 Highway CommercialE Estate DistrictHC Health CareI-1 IndustrialIDD Integrated Design DistrictMU Mixed UseO-1 Local OfficeO-2 Office ParkRA-1 Attached ResidentialRM-1 Low-Density Multi-Family ResidentialRM-2 High-Density Multi-Family ResidentialRS-1 Low-Density Single Family ResidentialRS-1A Medium-Low Density Single-Family ResidentialRS-2 Medium-Density Single-Family ResidentialRS-3 Medium-High Density Single Family ResidentialRS-4 High-Density Single Family ResidentialCity LimitsCity_Limits__EditingLine layerLine layerA-MRS-1RS-2RA-1RA-1RA-1ERS-2RS-1RS-1I-1EC-2RS-3RS-4RS-3O-1I-1C-5RA-1RS-3RS-2RS-4RS-2RS-1RM-2I-1HCRM-3BPRM-2IDDRS-2RS-3RS-2RS-2RS-2RS-4RS-4C-5RS-3RS-3RS-3BPC-3C-5E7
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
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.
CONSENT AGENDA SUPPLEMENT
DATE: March 7, 2022
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
RE: FY 22/23 Public Works F550 Vehicle Upfit (snow plow equipment)
ATT: Proposals Received
AGENDA ITEM SUMMARY:
Staff requests City Council to consider authorizing staff to enter into a purchase agreement with
Knapheide Equipment Co. Chicago of McHenry, Illinois for the upfitting of a recently acquired
Ford F550 Unit with snowplowing equipment.
BACKGROUND:
The proposed FY 22/23 capital equipment budget will include funding for the purchase of a full -
size wing plow truck from JX Peterbilt of Rockford, Illinois and equipment costs for the upfitting
of a recently acquired Ford F550 which will be built into a plow truck for neighborhood routes.
These purchases will be financed through the City’s vehicle financing program initiated in 2020.
Due to supply shortages and long lead times, staff undertook an effort to secure vehicle chassis
immediately rather than waiting on the change in fiscal year to procure capital equipment. This
effort resulted in the purchase of the F550 and approval of the associated FY 21/22 budget
amendment at the February 22, 2022 City Council meeting. The award supplement indicated
that staff would gather pricing for the upfitting of vehicles in FY 22/23. Staff has secured pricing
from two (2) vendors which is provided for Council consideration. Again, due to long lead times,
staff is requesting the City Council consider authorizing staff to enter into purchase agreements
immediately to ensure that equipment delivery can occur as early as possible. Current lead times
for equipment delivery are approximately 10 months. While the City will enter purchase
agreements now, payment will be due upon receipt of the completed work which will occur in FY
22/23.
ANALYSIS:
Staff provided specifications and solicited (2) proposals from qualified vendors for the upfitting
of vehicles:
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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.
•Knapheide Equipment Co. Chicago $58,628.45
•Bonnell Industries Inc.$80,703.00
Upon review of proposals, staff is recommending that the City enter a purchase agreement with
Knapheide Equipment Co. Chicago of McHenry, Illinois.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to authorize staff to enter into a purchase
agreement with Knapheide Equipment Co. Chicago of McHenry, Illinois for the upfitting of a
recently acquired Ford F550 Unit with snowplowing equipment.
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City of McHenry Council
Meeting Minutes
2.22.22
1
AGENDA - AMENDED
REGULAR CITY COUNCIL MEETING
Tuesday, February 22, 2022, 7:00 p.m.
City Council Chambers, 333 S Green St, McHenry, IL 60050
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/83948111213
Or call 312-626-6799, Meeting ID: 839 4811 1213
Call to Order: The meeting was held remotely via Zoom due to the COVID -19 pandemic. The
meeting was in compliance with the Open Meetings Act per guidelines by the Illinois Attorney
General’s Office.
Roll Call: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding,
Alderman Strach, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present:
Attorney McArdle, Administrator Morefield, Director of Public Works Strange, Director of
Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation
Hobson, Director of Economic Development Martin, Chief of Pol ice Birk, City Planner Sheriff,
and City Clerk Ramel.
Pledge of Allegiance: Mayor Jett led the pledge.
Public Comments: None
Consent Agenda: Motion to Approve the f ollowing Consent Agenda Items:
A. Resolution approving the Request to the Illinois State Legislature to Extend the City’s
Downtown Tax Increment Finance District; -
*Clerk’s note this item was pulled by Alderman Glab -
Alderman Glab had some concerns and questions regarding this item , not agreeing on the way
the money is used out of this fund. May not be the best that fits for The City and wanted to vote
on it separately.
A motion was made by Alderman Strach and seconded by Alderman McClatchey to
approve Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi,
Alderman Glab, Alderman McClatchey , Alderman Harding, Alderman Strach , Alderman
Devine, Alderwoman Mille r, 0-nays, 0-abstained. Motion carried.
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City of McHenry Council
Meeting Minutes
2.22.22
B. Resolution establishing a list of pre-qualified engineering firms to provide consulting
services for municipal engineering for the City of McHenry; (Public Works Director
Strange)
A motion was made by Alderman Santi and seconded by Alderman Strach to approve
Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman
Glab, Alderman McClatchey, A lderman Harding, Alderman Strach , Alderman Devine,
Alderwoman Miller.- absent. 0 -nays, 0-abstained. Motion carried.
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City of McHenry Council
Meeting Minutes
2.22.22
C. Authorization to Execute the Renewal of a Lease Agreement between the City of
McHenry and Trey & Tom Corp d/b/a Main Street Station, located at 4005 W. Main
Street; (City Administrator Morefield)
*Clerk’s Note Alderman McClatchy Pulled this item.
Noticed that the towns around were selling the Metra Stations, wanted wanted to know
if we lease it do we own it. The Union Pacific owns it but it is leased. Union Pacific
retains a portion of the building, was curious how it was going with The City buying
outright, however this conversation had occurred at a past meeting according to
Administrator Morefield.
There is also an out clause in the agreement if something comes down the line with
this. Alderman Glab stated that the value of the property was overpriced from the
market.
A motion was made by Alderman Santi and seconded by Alderman McClatchey to
approve Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi,
Alderman Glab, Alderman McClatchey , Alderman Harding, Alderman Strach , Alderman
Devine, Alderwoman Mille r. 0-absent. 0-nays, 0-abstained. Motion carried.
E. Authorization to Execute a Lease Agreement between the City of McHenry and All
Marine Service for the South Harbor Piers , Property and Buildings through May 1,
2023; (Parks and Recreation Director Hobson)
*Clerk’s note item pulled by Alderman Woman Miller,
Alderwoman Miller had stated that she is not in agreement with this recommendation due to
development interest in this area. Would like to see this opened to other opportunities. Also
brought up the city staffing as well.
Director Hobson did address these concerns specifically about the terms, this is something we
could consider, that there is not guaranteed storage, once the drop dead date occurs. The
Parks Department cannot run this organization, the manpower concerns and expertise as well.
Alderman Strach also spoke with what he thought the direction this was headed in, just renting
out a boat slip but would need to be a simple manor. Alderman Glab asked if research was
done and where the boaters would go after October, wanted to know what other option s there
would be to help those out after leasing at the end of the season. Also inquiring if we had
access to a portable lift, it was confirmed it does belong to The City Parks Dept.
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City of McHenry Council
Meeting Minutes
2.22.22
Mayor Jett also spoke regarding his experience figuring out where to store a boat as well. The
lease expires on the 31st. Motion for October 31 st. Alderwoman Miller would like to amended
all boats out of the water by the 15 th . This discussion went on for s ome time.
A motion was made by Alderman Santi and seconded by Alderman McClatchey to
approve Consent Agenda Items as presented: Roll Call: Vote:5-ayes: Alderman Santi,
Alderman Glab, Alderman McClatchey , A lderman Harding, Alderman Devine. 0-absent. 2-
nays-Alderman Strach, Alderwoman Miller, 0-abstained. Motion carried.
J. February 7, 2022 City Council Meeting Minutes;
*Clerk’s note item pulled by Aldeman McClatchey
An item from last minutes needed to be revised for he had voted yes and it was recorded
as a no. Will be fixed on the final minutes from the last meeting.
A motion was made by Alderman McClatchey and seconded by Alderman Strach to
approve Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi,
Alderman Glab, Alderman McClatchey , Alderman Harding, Alderman Strach , Alderman
Devine, Alderwoman Mille r. 0-absent. 0-nays, 0-abstained. Motion carried.
Individual Action Item Agenda.
A. Motion to approve an Ordinance granting a Use Variation for a 3 -unit multifamily building
at 1410 N. Riverside Drive. (Community Development Director Polerecky)
No public comment.
A motion was made by Alderman Santi and seconded by Alde rman Santi to approve
Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman
Glab, Alderman McClatchey, A lderman Harding, Alderman Strach , Alderman Devine,
Alderwoman Miller. 0-nays-,0 -abstained. Motion carried.
B. Motion to approve an Ordinance granting a Sign Variance to allow a changing electronic
display and message board as a wall sign for the property located at 1208 N. Green
Street. (Community Development Director Polerecky)
This would be a freestanding sign because there is not room for one. Alderwoman Miller had
asked the question if we looked at the future in the bigger picture instead of req. variances,
however there were not that many brough to The Council, per Director Polerecky. There was
some discussion regarding this. N o public comment.
A motion was made by Alderwoman Miller and seconded by Alde rman Strach to approve
Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman
Glab, Alderman McClatchey, A lderman Harding, Alderman Strach , Alderman Devine,
Alderwoman Miller. 0-nays-,0 -abstained. Motion carried.
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City of McHenry Council
Meeting Minutes
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C. Motion to adopt the Vacant Building Incentive Program as proposed. (Economic
Development Director Martin)
Encourage the development of vacant nonindustrial buildings, 5 year tax abatement increment
on vacant for at least 3 years. The idea went over pretty well with staff and the discussions of
this program. This is a community effort to get some of these areas addressed.
Alderman Santi complemented Director Martin on working with this program , the more buy-in
for different taxing bodies gives more potential to go all in and working with it and would like to
see it move forward.
Alderman Glab is not in favor of this because we have to give something and then the rest of
us have to pay more taxes on those entities. Alderman McCatchey stated that this is a win for
other businesses around these buildings. Alderwoman Miller explained that this is another way
for Director Martin to help get others interested in McHenry. The discussion went on for some
time talking about the pros and cons
A motion was made by Alderman Santi and seconded by Alderman McClathey to
approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi,
Alderman Glab, Alderman McClatchey , Alderman Harding, Alderman Strach , Alderman
Devine, Alderwoman Mille r. 1-nays- Alderman Glab, 0-abstained. Motion carri ed.
D. Motion to adopt Ordi nances amending the McHenry City Code adding a new Title 3,
Chapter 8, Imposing a New Electric Use Tax and new Chapter 9,
A motion was made by Alderman Strach and seconded by Alderman Miller to approve
Individual Agenda Items as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman
Harding, Alderman Strach , Alderman Devine, Alderwoman Mille r. 2-nays- Alderman
McClatchey, Alderman Glab, 0-abstained. Motion carried.
D. Continued: Imposing a New Gas Use Tax ; and, au thorizing the execution of an
agreement with NICOR for the collection and distribution of the natural gas use tax; (City
Administrator Morefield)
This could be voted on as two separate items, per Administrator Morefield after some details
regarding this item was presented. The Natural Gas Use Tax would be put away for future
projects.
*Clerk’s Note for motioning purposes this item was divided on th e minutes to show the voting.
A motion was made by Alderman Santi and seconded by Alde rwoman Miller to approve
Individual Agenda Items as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman
McClatchey, Alderman Harding, Alderman Strach , Alderman Devine. 2-nays-Alderman Glab,
Alderman McClatchey,0-abstained. Motion carried.
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City of McHenry Council
Meeting Minutes
2.22.22
Alderman Santi wanted to know how long this has been around, not confirmed but sounds like
the 1990’s. Alderman McClatchey feels this is the incorrect time for this to be occurring with
the state of the coun try with inflation etc. Alderman Glab also agrees to hold off on this as well.
Alderwoman Miller wants to support the project because the money is needed here. Alderman
Harding also agrees in support of this.
Alderman Devine agrees with Alderman Santi in the fact that there is not a good time to have
a tax raise. He is willing to support on the first half but not the second. Alderman St rach wants
to provide to the residents.
Public Comment: Terry, resident of McHenry commented that he agrees it is not the right time
to make this choice, his is disappointed.
Second half of item:
June 1st 2023 & 3 cents. Per Alderman Santi and Alderwoman, would like to see the plan in
play and see how it can be used. No public comment.
Discussion Items: None
Executive Session :
A motion was made by Alderman Santi and seconded by Alderwoman McClatchey to
adjourn to Executive Session at 8:42 p.m. to discuss pending litigation the purchase or
lease of real estate property for the use of the public body, including meetings held for the
purpose of discussion whether a particular parcel should be acquired {5 ILCS 120/2(c)(5)}.
Mayor Jett reconvened the meeting from Executive Session at 9:03 p.m. A motion was
made by Alderman Glab and seconded by Alderwoman Strach to return to open session.
Roll Call: Vote: 7 -ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman
Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0 -nays, 0-abstained. Motion
carried.
Staff Reports:
A. Staff Report for February 22, 2022:
-Shamrock of the Fox coming up in two weeks, according to Director Hobson.
Mayor’s Report: None
City Council Comments: Alderman Santi asked some questions regarding the Covid relief.
Administrator Morefield explained those. Alderman Strach asked when the widening of 31,
estimates were explained by director Strange.
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City of McHenry Council
Meeting Minutes
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Adjourn: A motion was made Alderman Santi and seconded by Alderman Harding to
adjourn the meeting at 9:15 PM. Roll Call: Vote:7-ayes: Alderman Santi, Alderman Glab,
Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine, Alderwoman
Miller- absent. 0-nay-, 0 -abstained. Motion carried.
X
Mayor Wayne Jett
X
City Clerk Trisha Ramel
39
Expense Approval Register
McHenry, IL List of Bills Council Meeting ‐ 3‐7‐22
Vendor Name Payable Number Post Date Description (Item) Account Number Amount
Vendor: BAXTER & WOODMAN
BAXTER & WOODMAN 0231937 03/07/2022 RIVERSIDE PARKING LOT 100‐01‐8900 13,119.75
Vendor BAXTER & WOODMAN Total:
13,119.75
Vendor: BLR
BLR 6847831 2‐4‐22 03/07/2022 HR HERO 620‐00‐5110 1,528.33
BLR 6847831 2‐4‐22 03/07/2022 HR HERO 620‐1290 3,056.67
Vendor BLR Total:
4,585.00
Vendor: HARWELL, NANCY
HARWELL, NANCY 341954 03/07/2022 PGM CXL 100‐41‐3636 36.00
Vendor HARWELL, NANCY Total:
36.00
Vendor: IMPACT NETWORKING LLC
IMPACT NETWORKING LLC 2438356 03/07/2022 COPY PAPER 100‐04‐6210 312.00
IMPACT NETWORKING LLC 2438356 03/07/2022 COPY PAPER 100‐22‐6210 352.50
IMPACT NETWORKING LLC 2438356 03/07/2022 COPY PAPER 100‐30‐6210 70.50
Vendor IMPACT NETWORKING LLC Total: 735.00
Vendor: KREASSIG, DANIEL
KREASSIG, DANIEL 341955 03/07/2022 PGM CXL 100‐41‐3636 23.00
Vendor KREASSIG, DANIEL Total:
23.00
Vendor: MCHENRY COUNTY CHIEFS OF POLICE
MCHENRY COUNTY CHIEFS OF
INV0012781 03/07/2022 MARCH CHIEFS MTG 100‐22‐5430 30.00
Vendor MCHENRY COUNTY CHIEFS OF POLICE Total:
30.00
Vendor: MCHENRY COUNTY RECORDER OF DEEDS
MCHENRY COUNTY RECORDER
2022216‐16 03/07/2022 2ND QTR LAREDO 620‐00‐5110 275.00
Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 275.00
Vendor: MINUTEMAN PRESS OF MCH
MINUTEMAN PRESS OF MCH 96697 03/07/2022 BUS CARDS J HEIL 100‐04‐5330 52.25
Vendor MINUTEMAN PRESS OF MCH Total:
52.25
Vendor: SYNCB/AMAZON
SYNCB/AMAZON 7880 2‐10‐22 03/07/2022 MTHLY PURCH 100‐03‐6110 89.71
SYNCB/AMAZON 7880 2‐10‐22 03/07/2022 MTHLY PURCH 100‐45‐5370 193.36
SYNCB/AMAZON 7880 2‐10‐22 03/07/2022 MTHLY PURCH 100‐45‐6110 439.70
SYNCB/AMAZON 7880 2‐10‐22 03/07/2022 MTHLY PURCH 100‐45‐6210 17.97
SYNCB/AMAZON 7880 2‐10‐22 03/07/2022 MTHLY PURCH 100‐46‐6110 113.65
SYNCB/AMAZON 7880 2‐10‐22 03/07/2022 MTHLY PURCH 100‐46‐6920 52.29
SYNCB/AMAZON 7880 2‐10‐22 03/07/2022 MTHLY PURCH 100‐47‐6110 529.88
SYNCB/AMAZON 7880 2‐10‐22 03/07/2022 MTHLY PURCH 620‐00‐6110 327.08
Vendor SYNCB/AMAZON Total: 1,763.64
Vendor: US BANK EQUIPMENT FINANCE
US BANK EQUIPMENT FINANCE
465494615 03/07/2022 MTHLY RICOH PW 620‐00‐5110 336.21
Vendor US BANK EQUIPMENT FINANCE Total: 336.21
Vendor: VANDERSTAPPEN SURVEYING & ENGINEERING
VANDERSTAPPEN SURVEYING
53496 03/07/2022 GREEN ST TOPOGR SURVEY 290‐00‐5110 4,500.00
Vendor VANDERSTAPPEN SURVEYING & ENGINEERING Total:
4,500.00
Vendor: WINNEBAGO LANDFILL CO
WINNEBAGO LANDFILL CO 9348 03/07/2022 SLUDGE 510‐32‐5580 1,472.40
Vendor WINNEBAGO LANDFILL CO Total:
1,472.40
Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE
ZUKOWSKI ROGERS FLOOD & 153852 03/07/2022 CORP 100‐01‐5230 16,330.75
ZUKOWSKI ROGERS FLOOD & 153854 03/07/2022 TRAFFIC 100‐01‐5230 5,512.50
ZUKOWSKI ROGERS FLOOD & 153855 03/07/2022 COVID 100‐01‐5230 1,202.50
3/2/2022 2:47:12 PM
40
Expense Approval Register Packet: APPKT02336 ‐ 3‐7‐22 AP CKS
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
ZUKOWSKI ROGERS FLOOD &
153858
03/07/2022
ROLLER RINK DEMO
100‐01‐5230
1,656.40
Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total:
24,702.15
Grand Total:
51,630.40
3/2/2022 2:47:12 PM
41
Expense Approval Register Packet: APPKT02336 ‐ 3‐7‐22 AP CKS
Fund Summary
Fund
Expense Amount
100 ‐ GENERAL FUND
40,134.71
290 ‐ TIF FUND 4,500.00
510 ‐ WATER/SEWER FUND
1,472.40
620 ‐ INFORMATION TECHNOLOGY FUND
5,523.29
Grand Total:
51,630.40
42
Expense Approval Register
McHenry, IL #2 List of Bills Council Meeting 3‐7‐22
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: ADVANCED AUTOMATION AND CONTROLS INC
ADVANCED AUTOMATION AND 22‐3834 03/07/2022 Troubleshooting INV# 22‐3834 510‐32‐5380 805.00
Vendor ADVANCED AUTOMATION AND CONTROLS INC Total:
805.00
Vendor: ARAMARK
ARAMARK 24286292 03/07/2022 Bob Glascott Clothing 100‐33‐4510 74.97
Vendor ARAMARK Total:
74.97
Vendor: AT&T
AT&T
7534148603
03/07/2022
Voice Over IP ‐ IP‐Flex
620‐00‐5320
365.17
Vendor AT&T Total:
365.17
Vendor: BERKHEIMER CO INC, G W
BERKHEIMER CO INC, G W
034116
03/07/2022
Sludge Build Air handler repair
510‐32‐6110
132.41
BERKHEIMER CO INC, G W
036411
03/07/2022
Temp Sensor Air Handler
510‐32‐6110
31.37
Vendor BERKHEIMER CO INC, G W Total:
163.78
Vendor: CABAY & COMPANY INC
CABAY & COMPANY INC
65702
03/07/2022
Cleaning Supplies
400‐00‐6111
268.91
CABAY & COMPANY INC
65712
03/07/2022
Cleaning Supplies
400‐00‐6111
76.58
CABAY & COMPANY INC
65740
03/07/2022
Cleaning Supplies
400‐00‐6111
453.39
CABAY & COMPANY INC 65865 03/07/2022 Shop Paper Towels INV# 65865 100‐33‐6115 157.64
Vendor CABAY & COMPANY INC Total:
956.52
Vendor: CITY ELECTRIC SUPPLY
CITY ELECTRIC SUPPLY
MCH/010233
03/07/2022
Micro Screen Heaters
510‐32‐6110
62.00
Vendor CITY ELECTRIC SUPPLY Total:
62.00
Vendor: CORE & MAIN
CORE & MAIN
Q313864
03/07/2022
Lead pak couplings Q313864
510‐31‐6110
533.54
CORE & MAIN
Q314194
03/07/2022
6" brass stem For a valve
510‐31‐6110
537.53
CORE & MAIN Q382415 03/07/2022 Yard Hydrant Parts 510‐32‐6110 1,560.00
Vendor CORE & MAIN Total:
2,631.07
Vendor: CORKSCREW GYMNASTICS & SPORTS ACADEMY
CORKSCREW GYMNASTICS &
2837
03/07/2022
Invoice 2837
100‐47‐5110
420.00
Vendor CORKSCREW GYMNASTICS & SPORTS ACADEMY Total:
420.00
Vendor: DELL MARKETING LP
DELL MARKETING LP
10558875546
03/07/2022
VxRail Dell Memory Upgrade ‐
620‐00‐6110
2,637.00
DELL MARKETING LP
10558936751
03/07/2022
SQL SERVER STD LIC/SA PER
620‐00‐5110
2,533.68
Vendor DELL MARKETING LP Total:
5,170.68
Vendor: GALLS LLC
GALLS LLC
020394892
03/07/2022
Uniform Order ‐ Krueger
100‐22‐4510
216.93
GALLS LLC
020438845
03/07/2022
Uniformm Order ‐ Havens
100‐23‐4510
49.07
GALLS LLC 020439972 03/07/2022 Uniform Order ‐ Kinney 100‐22‐4510 82.44
GALLS LLC
020448824
03/07/2022
Uniform Order ‐ Roske
100‐22‐4510
39.46
GALLS LLC
020449163
03/07/2022
Uniform Order ‐ Hernandez
100‐22‐4510
123.84
Vendor GALLS LLC Total:
511.74
Vendor: GOPHER
GOPHER IN140871 03/07/2022 Equipment Bags for Athletics 100‐47‐6110 614.88
Vendor GOPHER Total:
614.88
Vendor: GRAINGER
GRAINGER
9195409181
03/07/2022
Wash sink for maintenance
100‐41‐6110
4,439.55
GRAINGER 9205578264 03/07/2022 Waiting on invoice Shrink wrap 510‐31‐6110 35.56
Vendor GRAINGER Total:
4,475.11
Vendor: HAWKINS INC
HAWKINS INC 6124310 03/07/2022 Hawkins Inv# 6124310 510‐31‐6110 4,718.26
3/2/2022 2:58:10 PM
43
Expense Approval Register Packet: APPKT02340 ‐ RECT INV 3‐7‐22
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
HAWKINS INC
6130617
03/07/2022
Chemical Delivery #6130617
510‐32‐6110
5,037.67
Vendor HAWKINS INC Total:
9,755.93
Vendor: HITCHCOCK DESIGN, INC
HITCHCOCK DESIGN, INC
27463
03/07/2022
Miller Point Design
280‐41‐8800
1,500.00
Vendor HITCHCOCK DESIGN, INC Total:
1,500.00
Vendor: IMPACT NETWORKING LLC
IMPACT NETWORKING LLC 2438355 03/07/2022 COPY PAPER 100‐41‐6210 352.50
Vendor IMPACT NETWORKING LLC Total:
352.50
Vendor: IN‐PIPE TECHNOLOGY COMPANY INC
IN‐PIPE TECHNOLOGY 2067 03/07/2022 Inv# 2067 Monthly service fee 510‐32‐5110 7,750.00
Vendor IN‐PIPE TECHNOLOGY COMPANY INC Total:
7,750.00
Vendor: JG UNIFORMS INC
JG UNIFORMS INC
94823
03/07/2022
Body Armor ‐ Diebold
100‐22‐6270
855.00
Vendor JG UNIFORMS INC Total:
855.00
Vendor: JONES TRAVEL & TOUR
JONES TRAVEL & TOUR
113039
03/07/2022
Cubs Trip Bus 8/26
100‐47‐5110
1,595.00
JONES TRAVEL & TOUR
113040
03/07/2022
Cubs Trip 9.15
100‐47‐5110
1,595.00
Vendor JONES TRAVEL & TOUR Total:
3,190.00
Vendor: KIWANIS CLUB OF MCHENRY
KIWANIS CLUB OF MCHENRY
10202
03/07/2022
DM KIWANIS LUNCH
100‐06‐5430
15.00
Vendor KIWANIS CLUB OF MCHENRY Total: 15.00
Vendor: LANG AUTO GROUP, GARY
LANG AUTO GROUP, GARY 5063958 03/07/2022 old 319 (5063958) 100‐22‐5370 189.75
LANG AUTO GROUP, GARY
5064049
03/07/2022
old 319 5064049
100‐22‐5370
504.55
Vendor LANG AUTO GROUP, GARY Total: 694.30
Vendor: MCHENRY MARLINS AQUATIC CLUB
MCHENRY MARLINS AQUATIC 338 03/07/2022 MMAC ISI Meet Fee MAverick 100‐47‐5110 30.00
Vendor MCHENRY MARLINS AQUATIC CLUB Total:
30.00
Vendor: METROPOLITAN INDUSTRIES
METROPOLITAN INDUSTRIES
036008
03/07/2022
Donovan Lift Wear Rings & Seal
510‐32‐5380
1,525.30
Vendor METROPOLITAN INDUSTRIES Total:
1,525.30
Vendor: MOTOROLA SOLUTIONS ‐ STARCOM21 NETWORK
MOTOROLA SOLUTIONS ‐
8281325739
03/07/2022
Microphones
100‐22‐6110
185.60
Vendor MOTOROLA SOLUTIONS ‐ STARCOM21 NETWORK Total:
185.60
Vendor: OFFICIAL FINDERS LLC
OFFICIAL FINDERS LLC
6274
03/07/2022
MIB Officials Invoice 6274
100‐47‐6110
720.00
OFFICIAL FINDERS LLC
6343
03/07/2022
Invoice #6343
100‐47‐5110
640.00
OFFICIAL FINDERS LLC
6402
03/07/2022
Invoice 6402
100‐47‐5110
680.00
Vendor OFFICIAL FINDERS LLC Total:
2,040.00
Vendor: PETROCHOICE LLC
PETROCHOICE LLC
50689723
03/07/2022
Fuel ‐ 50689723
100‐22‐6250
704.33
PETROCHOICE LLC
50808294
03/07/2022
Fuel ‐ 50808294
100‐22‐6250
2,535.86
PETROCHOICE LLC 50820481 03/07/2022 Fuel ‐ UTY ‐ 50820481 510‐35‐6250 461.07
PETROCHOICE LLC
50820494
03/07/2022
Fuel ‐ WW ‐ 50820494
510‐32‐6250
268.82
PETROCHOICE LLC
50820495
03/07/2022
Fuel ‐ WTR ‐ 50820495
510‐31‐6250
121.38
PETROCHOICE LLC
50820496
03/07/2022
Fuel
100‐45‐6250
209.96
PETROCHOICE LLC
50820497
03/07/2022
Fuel ‐ STS ‐ 50820497
100‐33‐6250
2,975.49
Vendor PETROCHOICE LLC Total:
7,276.91
Vendor: PROSHRED SECURITY
PROSHRED SECURITY
990108951
03/07/2022
Mothly shred
100‐22‐5110
70.05
Vendor PROSHRED SECURITY Total:
70.05
Vendor: SCHOPEN PEST SOLUTIONS INC
SCHOPEN PEST SOLUTIONS INC
134802
03/07/2022
134802
100‐03‐5120
162.00
Vendor SCHOPEN PEST SOLUTIONS INC Total: 162.00
3/2/2022 2:58:10 PM
44
Expense Approval Register Packet: APPKT02340 ‐ RECT INV 3‐7‐22
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: SIRCHIE FINGER PRINT LABORATORIES
SIRCHIE FINGER PRINT
0530728‐IN
03/07/2022
Evidence Supplies
100‐22‐6210
549.50
Vendor SIRCHIE FINGER PRINT LABORATORIES Total:
549.50
Vendor: SUNNYSIDE COMPANY
SUNNYSIDE COMPANY
109249
03/07/2022
streets stock order 109249
100‐33‐5370
184.80
Vendor SUNNYSIDE COMPANY Total:
184.80
Vendor: TEXAS REFINERY CORP
TEXAS REFINERY CORP
236034
03/07/2022
Dryer Gear Oil INV#236034
510‐32‐5375
2,734.85
Vendor TEXAS REFINERY CORP Total: 2,734.85
Vendor: TRAFFIC CONTROL & PROTECTION INC
TRAFFIC CONTROL & 110864 03/07/2022 Wood Chips Signs INV#110864 100‐33‐6110 245.20
TRAFFIC CONTROL &
110865
03/07/2022
Street Signs #110865
100‐33‐6110
339.20
Vendor TRAFFIC CONTROL & PROTECTION INC Total: 584.40
Vendor: ULTRA STROBE COMMUNICATIONS INC
ULTRA STROBE 080566 03/07/2022 Remove radar ‐ 320 100‐22‐5370 95.00
Vendor ULTRA STROBE COMMUNICATIONS INC Total:
95.00
Vendor: VICTOR FORD, INC
VICTOR FORD, INC
162694
03/07/2022
527 162694
510‐31‐5370
6.85
VICTOR FORD, INC 162722 03/07/2022 527 162722 510‐31‐5370 718.63
VICTOR FORD, INC
162815
03/07/2022
527 162815
510‐31‐5370
32.62
Vendor VICTOR FORD, INC Total: 758.10
Grand Total:
56,560.16
3/2/2022 2:58:10 PM
45
Expense Approval Register Packet: APPKT02340 ‐ RECT INV 3‐7‐22
Fund Summary
Fund
Expense Amount
100 ‐ GENERAL FUND
21,652.57
280 ‐ DEVELOPER DONATION FUND 1,500.00
400 ‐ RECREATION CENTER FUND
798.88
510 ‐ WATER/SEWER FUND
27,072.86
620 ‐ INFORMATION TECHNOLOGY FUND
5,535.85
Grand Total:
56,560.16
46
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
REGULAR AGENDA SUPPLEMENT
DATE: March 7, 2022
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
RE: Award of the City of McHenry 2022-2027 Refuse Hauling Contract to Flood
Brothers Disposal Co. of Oakbrook Terrace, Illinois.
ATT: Bid Tabulation
Request for Proposals Document
Received Proposals
Agreement for Execution
Ordinance
AGENDA ITEM SUMMARY:
Staff requests that the City Council consider the adoption of an Ordinance authorizing the
Mayor and City Clerk to execute a five (5) year contract agreement with Flood Brothers Disposal
Co. for Municipal Refuse Hauling Services.
BACKGROUND:
In 2017, the City of McHenry released a Request for Proposals (RFP) for refuse hauling services
which lead to the transition from Waste Management to Prairieland Disposal. Since that time,
Prairieland Disposal (now Lakeshore Recycling Systems due to acquisition) has provided refuse
hauling services to the City of McHenry. The executed contract was originally a five-year
duration, expiring on July 31, 2022, and included provisions which would allow the City to either
release a new proposal for services or directly negotiate a five (5) year extension with the existing
hauler. After a review of the existing program by City staff and the City Council over the course
of multiple City Council discussions in Fall of 2021, staff was given direction to solicit proposals
for a new refuse hauling contract. Staff was provided further direction regarding scoping options
to develop a base scope of services which best suits the City’s needs.
Staff assembled the RFP based upon direction from City Council, and it was released in December
of 2021. A pre-bid meeting was held on January 19, 2022, which was attended by three potential
haulers. On February 9, 2022, a total of two (2) proposals were received and results were read
publicly by staff. After results were received, staff notified the City Council of the apparent low
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.
47
cost recommended proposal. Prior to award, staff performed a more detailed review of the
proposal and held an interview with the selected hauler to review their transition plan and
confirm the findings of the proposal evaluation process.
Should the award of the contract move forward, staff will be working with the selected hauler to
coordinate the transfer of services, public communication, and execution of all contract
documents.
ANALYSIS:
Upon review of proposals and pricing, City staff is recommending the award of a five (5) year
contract to Flood Brothers Disposal of Oakbrook Terrace, Illinois. Flood Brothers proposal
provides the most competitive pricing on the base program for both sticker program users and
cart users and escalates slower than the other hauler’s proposals over the five (5) year time -
period. Flood Brothers’ pricing for organic waste hauling is substantially greater than other
haulers. However, given the small number of anticipated organic waste program users, the
overall bin and sticker pricing outweigh these disparities. Additionally, Flood Brothers provided
alternate pricing for 65-gallon refuse bins. Staff is recommending this alternate pricing be
accepted as all other pricing from the base proposal will remain the same.
While the results of the recently completed proposal process are positive, it is worth noting that
the pool of interested haulers was small resulting in only two (2) submitted proposals. A number
of factors contributed to the low turnout which will need to be considered when a new proposal
process is undertaken in future years; (1) in recent years there has been a significant amount of
acquisition and consolidation in the refuse hauling business which has reduced the pool of
haulers, (2) a number of haulers informed the City of McHenry during both this process and
previous processes that the sticker program as well as leaf vacuuming services would not be able
to be serviced.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that the City Council adopt an
Ordinance authorizing the Mayor and City Clerk to execute a five (5) year contract agreement
with Flood Brothers Disposal Co. for Municipal Refuse Hauling Services.
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. 48
TABULATION OF BIDS City of McHenry
Department of Public Works
Project:Residential Waste Hauling, Recycling, & Landscape Collection Services 1415 Industrial Drive
Proposal Opening: Wednesday, February 9, 2022, 10:00 AM McHenry, IL 60050
815-363-2186
Name of Bidder:
Address of Bidder:17w609 14th Street, Oakbrook Terrace, IL 60181 6132 Oakton Street, Morton Grove, IL 60053
Proposal Guarantee:Bid Bond Bid Bond
Base Program - includes weekly one bulk item, curbside leaf pickup the first
full week of October through the first full week of December, free Christmas
tree pickup the first full two weeks of January, Spring Cleanup, pumpkin
disposal, E-Waste, Christmas light disposal
Year One (1)Year Two (2)Year Three (3)Year Four (4)Year Five (5)Year One (1)Year Two (2)Year Three (3)Year Four (4)Year Five (5)
Refuse Sticker (per sticker)$3.10 $3.10 $3.20 $3.30 $3.35 $3.85 $3.97 $4.08 $4.21 $4.33
95-gallon refuse toter (monthly cost, contractor-supplied)$20.95 $21.58 $22.23 $22.89 $23.58 $25.80 $26.57 $27.37 $28.19 $29.04
35-gallon refuse toter (monthly cost, contractor-supplied)$18.50 $19.06 $19.47 $19.90 $20.34 $23.70 $24.41 $25.14 $25.90 $26.67
95-gallon organic waste toter (monthly cost, contractor-supplied)$18.00 $18.54 $19.10 $19.67 $20.10 $5.00 $5.00 $5.00 $5.00 $5.00
35-gallon organic waste toter (monthly cost, contractor-supplied)$15.50 $15.97 $16.44 $16.94 $17.31 $3.00 $3.00 $3.00 $3.00 $3.00
Contractor-supplied 35-gallon recycling toter with option for a 95-
gallon, no charge for larger toter within the first month of Contract.No Cost No Cost No Cost No Cost No Cost No Cost No Cost No Cost No Cost No Cost
Unlimited curbside yard waste collection, the first full week of April
through the first full week of December.No Cost No Cost No Cost No Cost No Cost No Cost No Cost No Cost No Cost No Cost
Discounts
Miscellaneous Collection Year One (1)Year Two (2)Year Three (3)Year Four (4)Year Five (5)Year One (1)Year Two (2)Year Three (3)Year Four (4)Year Five (5)
Special Collection (per cubic yard)$9.20 $9.20 $9.50 $9.70 $9.90 $20.00 $20.00 $20.00 $20.00 $20.00
White Goods (per item)$28.00 $28.00 $28.00 $30.00 $30.00 $35.00 $35.00 $35.00 $35.00 $35.00
Additional Bulk Items (per item)$7.00 $7.00 $7.25 $7.25 $7.50 $35.00 $35.00 $35.00 $35.00 $35.00
Hazardous Material - Paint $25.00
per 6 items
$25.00
per 6 items
$27.00
per 6 items
$29.00
per 6 items
$29.00
per 6 items
$100.00/trip +
$10.00/gal
$100.00/trip +
$10.00/gal
$100.00/trip +
$10.00/gal
$100.00/trip +
$10.00/gal
$100.00/trip +
$10.00/gal
Hazardous Material - Batteries $100.00/trip +
$5.00/lb
$100.00/trip +
$5.00/lb
$100.00/trip +
$5.00/lb
$100.00/trip +
$5.00/lb
$100.00/trip +
$5.00/lb
Hazardous Material - Household Waste $25.00
per 6 items
$25.00
per 6 items
$27.00
per 6 items
$29.00
per 6 items
$29.00
per 6 items
$100.00/trip +
$25.00/lb
$100.00/trip +
$25.00/lb
$100.00/trip +
$25.00/lb
$100.00/trip +
$25.00/lb
$100.00/trip +
$25.00/lb
Hazardous Material - Tires $25.00
per item
$25.00
per item
$27.00
per item
$29.00
per item
$29.00
per item
Hazardous Material - Automotive Materials $25.00
per 6 items
$25.00
per 6 items
$27.00
per 6 items
$29.00
per 6 items
$29.00
per 6 items
Extra Cart Rental - 95g, 65g, or 35g (monthly cost)$2.25 $2.25 $2.25 $2.30 $2.35
Alternate Bid - All Cart Subscription Program Year One (1)Year Two (2)Year Three (3)Year Four (4)Year Five (5)Year One (1)Year Two (2)Year Three (3)Year Four (4)Year Five (5)
No Sticker Option n/a n/a n/a n/a n/a
95-gallon refuse toter (monthly cost)$19.50 $20.09 $20.69 $21.31 $21.95
35-gallon refuse toter (monthly cost)$17.00 $17.51 $18.04 $18.58 $19.13
95-gallon organic waste toter (monthly cost)$5.00 $5.00 $5.00 $5.00 $5.00
35-gallon organic waste toter (monthly cost)$3.00 $3.00 $3.00 $3.00 $3.00
Alternate Bid - Contractor-supplied 65-gallon refuse toter Year One (1)Year Two (2)Year Three (3)Year Four (4)Year Five (5)Year One (1)Year Two (2)Year Three (3)Year Four (4)Year Five (5)
65-gallon refuse toter (monthly cost, contractor-supplied)$19.90 $20.50 $21.11 $21.75 $22.40
Flood Brothers Disposal Company Lakeshore Recycling Systems LLC
10% Senior Discount (age 65 and older, proof of age and residency required).
10% Townhome Discount (35 or 65 gallon refuse cart and choice of 35 or 65 gallon
recycling cart).
49
1
City of McHenry
Request for Proposals (RFP)
Residential Waste Hauling , Recycling
and Landscape Collection Services
Mandatory Pre-Proposal Conference: January 19 , 2022 10:00 a.m.
Proposal Opening: February 9 , 2022 10:00 a.m.
50
2
Table of Contents
REQUEST FOR PROPOSALS (RFP) .................................................................................................................. 4
REQUESTS FOR PROPOSALS AND CONTRACT AGREEMENT FOR COLLECTION AND DISPOSAL OF
RESIDENTIAL REFUSE/SOLID WASTE, RECYCLABLES AND LANDSCAPE WASTE ............................................ 5
Section 1: Invitation to Bid ..................................................................................................................... 5
Section 2: Municipal Overview .............................................................................................................. 5
Section 3: The Contract .......................................................................................................................... 5
Section 4: Existing Program ................................................................................................................... 5
Section 5: Proposed Collection and Disposal Program .......................................................................... 7
Section 6: Bidding and Contract Documents ....................................................................................... 11
Section 7: Mandatory Pre-Proposal Conference ................................................................................ 11
Section 8: Submission of Proposal ....................................................................................................... 12
Section 9: Proposal Receipt ................................................................................................................. 12
Section 10: Bid Security, Bonds Insurance, and Indemnification ...................................................... 12
Section 11: Examination of Documents and Work Site ..................................................................... 14
Section 12: Interpretation of the Bidding Documents and the Contract .......................................... 14
Section 13: Taxes ............................................................................................................................... 15
Section 14: Permit and Licenses ........................................................................................................ 15
Section 15: Preparation of Bidder’s Proposal .................................................................................... 15
Section 16: Signature Requirements ................................................................................................. 15
Section 17: Withdrawal of Proposal .................................................................................................. 15
Section 18: Qualifications of Bidders ................................................................................................. 16
Section 19: Disqualification of Bidders .............................................................................................. 16
Section 20: Award of Contract ........................................................................................................... 16
Section 21: Failure to Properly Execute and Provide Contract Documents ...................................... 17
Section 22: Confidentiality ................................................................................................................. 17
Section 23: Disputes........................................................................................................................... 18
Section 24: Proposal, Contract and Agreement Terms...................................................................... 18
ATTACHMENT A – BIDDER’S PROPOSAL ..................................................................................................... 19
A. BASE PROGRAM ............................................................................................................................... 20
B. RECYCLING COLLECTION .................................................................................................................. 20
C. COLLECTION OF YARD WASTE ......................................................................................................... 22
D. ORGANIC WASTE COLLECTIONS ...................................................................................................... 22
E. COLLECTION OF BULK MATERIALS AND WHITE GOODS ................................................................. 22
F. MISCELLANEOUS COLLECTIONS ...................................................................................................... 23
51
3
G. HAZARDOUS MATERIALS ................................................................................................................. 23
H. CITY OF MCHENRY MUNICIPAL BUILDING COLLECTION ................................................................. 23
I. SPECIAL PROGRAM COLLECTIONS ................................................................................................... 23
ATTACHMENT B – BIDDER’S SWORN ACKNOWLEDGEMENT ..................................................................... 28
ATTACHMENT C – BIDDER’S SWORN WORK HISTORY STATEMENT ........................................................... 32
ATTACHMENT D – BIDDER’S SWORN STATEMENT OF RESPONSIBILITY ............................................... 34
ATTACHMENT E – CITY OF MCHENRY MUNICIPAL PICK-UP LOCATIONS & SERVICE TYPES ................ 37
ATTACHMENT F – CITY OF MCHENRY SERVICE MAP .................................................................................. 38
ATTACHMENT G – PERFORMANCE BOND FOR THIS RFP ....................................................................... 39
ATTACHMENT H – SAMPLE AGREEMENT & ORDINANCE ....................................................................... 40
52
4
REQUEST FOR PROPOSALS (RFP)
The City of McHenry is soliciting sealed proposals for refuse collection and disposal, and for collection of
recyclables and landscape waste for delivery to permitted and/or approved facilities. The proposed Scope
of Work is described, in detail, within the Request for Proposals (RFP). Completed proposals must be
returned to the City of McHenry no later than 10:00 a.m. on February 9, 2022, at which time proposals
will be opened. RFP documents are available at the Public Works Facility located at 1415 Industrial Drive,
McHenry, IL 60050 and on the City’s website at www.cityofmchenry.org.
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REQUESTS FOR PROPOSALS AND CONTRACT AGREEMENT FOR
COLLECTION AND DISPOSAL OF RESIDENTIAL REFUSE/SOLID
WASTE, RECYCLABLES AND LANDSCAPE WASTE
Section 1: Invitation to Bid
The City of McHenry (hereinafter referred to as the “City”) invites sealed proposals for residential
refuse/solid waste collection and disposal, collection of recyclables, and landscape waste for delivery to
permitted and/or approved facilities from all single-family and attached single family units (i.e.,
townhouses, condominiums, and apartments that do not exceed four (4) units per building) that utilize
curbside collection services with individualized refuse collection located within the City of McHenry.
Currently, there are approximately 9,680 dwelling units in the City, which utilize curbside collection
services. The proposed Scope of Services is described in detail within this Request for Proposals.
Section 2: Municipal Overview
The City is located approximately 55 miles northwest of the City of Chicago. Neighboring communities
include Bull Valley, Woodstock, Prairie Grove, Crystal Lake, Lakemoor, McCullom Lake, and Johnsburg.
The City has a population of 27,135 and covers approximately 13 square miles. Illinois Routes 31 and 120
provide residents and visitors with a connection to Interstate 90 and access to downtown Chicago, as well
as surrounding suburban business districts. One (1) residential waste and recycling hauler currently
services the City’s residents.
Section 3: The Contract
The City prepared the Request for Proposals and Contract, which it intends to enter into with the
Successful Bidder for performance of the Work. The Contract hereto attached as Attachment H is included
and made a part of this Request for Proposals. Collection services are currently provided by Prairieland
Disposal (Lakeshore Recycling Systems). The Request for Proposals shall be a part of the Contract. Each
Bidder shall carefully examine the Proposal document before submitting a Proposal.
Section 4: Existing Program
The City maintains a unique solid waste collection program whereby some residents pay for the collection
of their garbage through the purchase of specially-marked 33-gallon garbage stickers at a cost of $3.50
per sticker. Therefore, all McHenry residents do not receive garbage collection bills if they utilize the “pay-
per-sticker” program. These stickers are sold at City Hall and other participating local businesses.
Toter service is also available for those residents not wishing to participate in the "pay-per-sticker"
program. The three (3) toter service options are 35-, 65-, and 95-gallon toters at $24.18/month,
$25.25/month, and $26.31/month respectively, which is billed on a quarterly basis by the Contractor.
In conjunction with the "pay-per-sticker" program, residents are strongly encouraged to separate
recyclable materials from their garbage. Newspaper and newspaper inserts; chipboard (e.g., cereal
boxes); magazines; catalogs; glass; HDPE plastics 1, 2, 3, 4, 5 and 6; and aluminum, steel, and tin; as well
as corrugated cardboard, all can be recycled at the curb and picked up on the same day as the resident’s
normal garbage collection day. There is no limit to the quantity of household residential recyclable
materials that may be placed for collection. The City is proud of its recycling efforts, and any future
proposals should continue to assist with encouraging the residents to meet this endeavor.
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In addition to refuse/solid waste pickup, the City also offers a curbside collection of yard waste (grass
clippings, brush, limbs, leaves, etc.). Yard waste is placed in 2-ply 50-pound biodegradable paper bags or
in open, 33-gallon (maximum) garbage containers/cans. Total weight of any container when filled cannot
exceed fifty (50) pounds each. Each bag, bundle, or can is affixed with a yard waste sticker. These stickers
are available at City Hall and other participating local businesses for $3.50 each. Yard waste is collected
from the first full week of April through the first full week in December. Yard waste is picked up on the
same day as the regular garbage collection. Tree branches must be bundled together and each branch can
be no longer than 5 feet in length, no larger than 3 feet in diameter, and the entire bundle must not
exceed 2 feet in diameter.
Curbside loose leaf collection is provided to all residential properties included in the Contract. Leaves are
picked up at least once per week on the same day as the resident’s normal garbage collection day
beginning the first full week of October through the first full week of December.
The Contractor also provides yard waste collection from drop-off sites at locations determined by the City.
The drop-off sites are operated on each Saturday from the first full week of April through the first full
week of December (except holidays) for a minimum of 5 hours and will be open at 7:00 a.m. to receive
yard waste. All staffing at the drop-off site is the responsibility of the Contractor.
The Contractor is responsible for the collection of all Christmas trees at no additional charge the first two
(2) full weeks of January.
The Contractor is required to pick up one (1) bulk item at the curbside each week at any of the above
defined residential units. Bulk items are picked up except for the following:
1. Any item more than 5 feet in length
2. Any item weighing more than 50 pounds
3. Yard waste
4. Household refuse
5. Rocks, concrete and construction materials including roofing materials and lumber
6. Large appliances such as freezers, refrigerators, stoves, washing machines, dryers, etc. even if
broken up, cut up, crushed or flattened
7. Any items that could be recycled as noted previously
8. Any type of metal post, pipe, swing set, antenna, etc.
9. Electronic waste, or e-waste, such as computer equipment, televisions, etc.
The pickup schedule for the bulk item program currently coincides with the regular pickup schedule for
refuse. There is no compensation to the Contractor for this service from either the City or the stops
serviced.
The Contractor also provides services to all Condominium and Homeowner Associations on private roads
or private driveways at no additional cost. The Associations indemnify the Contractor for any damage to
private roads or private driveways resulting from refuse collection services.
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The following is the estimated number of accounts and service levels in the City of McHenry provided by
Prairieland Disposal (Lakeshore Recycling Systems) as of November 2021:
Single family residential 9,681 units
Optional toter rental 5,444 units
Refuse stickers sold per month 9,208 (1)
Yard waste stickers sold per season No Data (1)
Volume of Refuse: tons per week, dependent on the time of year 120
Volume of recycling: tons per week, dependent on the time of year 57
Volume of yard waste picked up at curb: tons per week, dependent on weather
conditions and time of year
28
Volume of yard waste tons per week at Saturday drop-off site, dependent on
weather conditions and time of year
No Data (2)
(1) A single sticker is utilized for both refuse and yard waste which is the same price for both services.
The refuse sticker total includes both stickers purchased for refuse and for yard waste.
(2) Beginning in Spring of 2020, the Yard Waste Drop-Off program was temporarily eliminated due to
COVID-19 restrictions. Prairieland and the City agreed on an amendment to the existing Contract
which would allow for the complimentary disposal of up to three (3) bags, bins, or bundles of yard
waste with any disposal in excess of this amount being paid for through the use of stickers.
The City disclaims any warranty or accuracy of these numbers, and it will be up to the Bidder to satisfy
themselves as to the number of ultimate users prior to submitting a Proposal.
Section 5: Proposed Collection and Disposal Program
I. Description of Program and Contract Length. The City desires to enter into a Contract for a five
(5) year period beginning August 1, 2022, with a City option to extend an additional five (5) years
based on a future negotiated rate, for refuse/solid waste collection and disposal, and collection
of recyclables and landscape waste for delivery to permitted and/or approved facilities. Collection
location, method and frequency of the refuse, recyclables and yard waste shall be based on the
selected Proposal or as accepted in an alternate Proposal submitted by the Successful Bidder
(“CONTRACTOR”).
II. Refuse Sticker Buy Back. At the conclusion of the Contract, the CONTRACTOR shall provide at least
one (1) location within the corporate limits of the City of McHenry for the purpose of buying back
unused refuse stickers. The buyback locations shall be open to the public Monday through
Saturday for four (4) weeks after the start of the next Contract and shall be open not less than
four (4) hours per day between the hours of 8:00 a.m. and noon. If the CONTRACTOR is awarded
a contract consecutive to this Contract, the CONTRACTOR shall not buy back prepaid refuse
stickers but shall continue to accept refuse with stickers affixed sold during the term of this
Contract.
III. Collection Day. The City would prefer that the CONTRACTOR maintain the existing collection day
for each area of the community. However, the City will entertain modifications but only after
verifiable justification is provided. Some routes may be changed if the residents are properly
notified.
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The following is a detailed description of the requirements and services covered under this Request for
Proposals:
A. Requirements Applicable to all Services
i. Reporting. The CONTRACTOR shall prepare and submit to the City, reports detailing
refuse/solid waste disposal, recycling and landscape waste collection activities for each
month, including without limitation, recycling participation rate, the amount of
refuse/solid waste, recyclables or landscape waste collected. Reports shall be submitted
quarterly no later than thirty (30) days following the end of the quarter.
ii. Services to be Rendered in Workmanlike Manner. The services to be rendered by the
CONTRACTOR herein shall be performed in an orderly, efficient and workmanlike manner,
with a work force adequate to accomplish the same on a regular basis despite adverse
conditions, equipment breakdowns or similar hindrances, all to the reasonable
satisfaction of the City. All property, which suffers damage caused by the CONTRACTOR,
including, but not limited to sod, mailboxes, or gardens, shall be repaired or replaced by
the CONTRACTOR as soon as possible to equivalent quality at the time of the damage,
and at no extra charge to the property owner. The CONTRACTOR shall repair or replace,
at its expense, containers damaged as a result of its handling thereof, reasonable wear
and tear is accepted. The CONTRACTOR shall replace lids or covers on containers
immediately after emptying. The CONTRACTOR’s employees shall not cut across rear,
front or side yards, or flower beds to adjoining premises, without permission of the
property owner.
iii. The starting time for pick-up service described herein shall not commence earlier than
7:00 a.m. and shall end no later than 5:00 p.m., Monday through Friday. Non-collection,
due to agreed upon holidays or acts of God, shall be the following day.
iv. Holidays to be observed by the CONTRACTOR are as follows: New Year’s Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. No collection
services will be rendered on such holidays. When a holiday occurs, the schedule for the
remainder of the affected week will be delayed by one (1) day.
v. No equipment or materials used to provide collection services shall be stored on any
property, public or private, within the corporate limits of the City unless agreed to in
advance by the City in writing.
vi. The CONTRACTOR, at the beginning of the Contract and at its expense, shall be required
to develop, print and distribute, to all residential customers and all new customers, a
brochure establishing regular service throughout the Contract period. This brochure must
first be approved by the City and should explain the refuse/solid waste and recycling
programs covered under this Request for Proposals. The brochure shall be updated and
distributed to each residence whenever there is a change in the service or programs
provided, or as further directed by the City.
vii. The CONTRACTOR will not be required to pay an annual license fee.
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B. Contractor Requirements
i. The CONTRACTOR shall have available, for use throughout the Contract term, an Illinois
Environmental Protection Agency (IEPA) or a Wisconsin Department of Natural Resources
(WDNR) permitted site for the disposal of all Municipal Waste under this Agreement. The
CONTRACTOR must request approval from the City for any change in waste disposal
location. The City reserves the right to require all refuse/solid waste to be disposed of in
an alternative permitted site. The CONTRACTOR will need to include this information
within Attachment A submitted as part of their Proposal.
ii. The CONTRACTOR shall prohibit any drinking of alcoholic beverages or the use of any
controlled substance, except by doctor’s prescription, by its drivers and crew members
while on duty or in the course of performing their duties required under the terms of this
Proposal. In the event that any of the CONTRACTOR’s employees are deemed by the City,
in the City’s sole discretion, to be unfit or unsuitable to perform the services required
under the terms of this Proposal as a result of intoxication, drug use, incompetence or by
virtue of abusive or obnoxious behavior, or for any other reason, then, upon request of
the City, the CONTRACTOR shall remove such employee from work within the City and
replace him/her with a suitable and competent employee.
iii. The CONTRACTOR shall maintain an office and toll-free telephone number, for the receipt
of service calls or complaints, and shall be available for such calls on all working days from
8:00 a.m. to 5:00 p.m. All complaints must be given prompt and courteous attention, and
in case of a missed scheduled collection, the CONTRACTOR shall immediately investigate;
and if verified, shall arrange for pick-up of said waste within 24 hours after the complaint
is received. The CONTRACTOR shall maintain a daily log of such calls or complaints
received, which record shall be open to the City for inspection at any reasonable time.
This information will be submitted to the City on a quarterly basis.
iv. The CONTRACTOR shall designate, in writing, the person to serve as agent for the
CONTRACTOR and liaison between his/her organization and the City. The City, in turn, will
designate a person to act as the liaison between the City and the organization.
v. The CONTRACTOR shall comply with all applicable laws, ordinances, rules and regulations
of any Federal agency or of the State of Illinois, County of McHenry, and the City (e.g.,
Title 3, Chapter 8) relating to the services required under the terms of this Proposal, use
of premises and public places and safety of persons and property. This compliance
requirement includes, but is not limited to, the application of the Prevailing Wage Act to
the extent it may comply to this Contract.
vi. Freedom of Information Act (FOIA): During the performance of this Contract, the
CONTRACTOR agrees that it will comply with all the regulations of the State of Illinois
Freedom of Information Act that apply to the CONTRACTOR’s records over the term of
the associated Contract. It is specifically the responsibility of the CONTRACTOR to comply
with all applicable provisions of the FOIA and any future amendments. When requested
by the City, the CONTRACTOR is required to provide all records requested within no more
than four (4) business days, at no cost to the City.
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C. Payment and Billing of Accounts
i. The City requires the CONTRACTOR to bill the customers individually. The CONTRACTOR
will perform the billing and collection of fees from serviced dwelling units for toter
services, for bulk materials not included in the weekly pickup and white goods. Garbage
stickers will need to be distributed to local businesses and City Hall, and the CONTRACTOR
will be responsible for collecting any payments from these businesses. Residents will be
billed on a three-month cycle. Payments will not be due prior to halfway through the
service periods covered in the invoice. If deemed necessary, the City may modify any of
its regulatory ordinances regarding health, welfare, and safety to ensure that the City
residents adhere to this Contract and the services provided hereunder.
ii. Right to Audit: The City reserves the right to audit the CONTRACTOR’s records as follows:
a) The City shall have the authority to review and audit all records and receipts of
the CONTRACTOR regarding this Contract. The CONTRACTOR shall be given ten
(10) calendar days’ notice of the review or audit.
b) The CONTRACTOR shall keep its books and records in such a manner as will readily
facilitate the assessment of the CONTRACTOR’s billing, collecting, and recycling
activities in the City.
D. Failure to Perform - Insolvency - Non-Assignability
i. In the event the CONTRACTOR in any way shall fail to collect and/or dispose and/or
market the solid waste materials, collected recyclables and landscape waste as required
of it herein for any one (1) week:
a) The CONTRACTOR shall give immediate notice to the City of such failure in writing
stating therein the reasons for such failure, or in the absence of this notice, the
City may notify the CONTRACTOR that it finds such failure by the CONTRACTOR;
b) The City may then proceed with the work itself or cause such work to be
undertaken by a third party, and the City shall have the right to bill the
CONTRACTOR for all costs incurred by reason of such failure of the CONTRACTOR
to perform;
c) At the election of the City, the CONTRACTOR shall pay said costs to the City within
thirty (30) days or shall allow the City to deduct such costs from any payment to
the CONTRACTOR for past services rendered, which may be due and owing.
ii. In the event that any failure or alleged failure on the part of the CONTRACTOR to collect
the material herein provided to be collected and disposed of by the CONTRACTOR shall
continue for a period of ten (10) days following written notice of such failure, and
provided such failure shall not be due to strikes, catastrophe, acts of God, or other causes
beyond the CONTRACTOR’S reasonable control, then the City, at its option, may continue
to proceed according to the steps set forth in Section D, and/or may terminate the
Contract and/or proceed to a legal determination for loss or damage due to such breach
of Contract and/or proceed to call upon the CONTRACTOR’S performance bond and/or
pursue such other remedies as may be available to the City by law.
iii. In the event the CONTRACTOR shall be adjudged bankrupt, either by voluntary or
involuntary proceedings, then the Contract shall immediately terminate; and in no event
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shall the Contract be, or be treated as, an asset of the CONTRACTOR after adjudication of
bankruptcy. If the CONTRACTOR shall become insolvent or fail to meet its financial
obligations, or in the event a petition of relief under the U.S. Bankruptcy Code, by either
voluntary or involuntary proceedings, is filed in which the CONTRACTOR is the debtor,
then the Contract may be terminated at the option of the City upon fifteen (15) days
written notice to the CONTRACTOR and in no event shall the Contract be, or be treated
as, an asset of the CONTRACTOR after the exercise of said option.
iv. The Contract is not assignable by the CONTRACTOR, either voluntarily or involuntarily, or
by process of law, without the prior written consent of the City and shall not be or come
under the control of creditors, or a trustee, or trustees of the CONTRACTOR in case of
bankruptcy, or insolvency of the CONTRACTOR, but shall be subject to termination as
above provided.
v. Equal Employment Opportunity. During the performance of this Contract, the
CONTRACTOR agrees that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, or ancestry, and further,
that it will examine all job classifications to determine if minority persons or women are
under-utilized and will take appropriate affirmative action to rectify any such under-
utilization.
Section 6: Bidding and Contract Documents
The Bidding and Contract Documents consist of all the following documents, Attachments, and
Addendum, all of which are by this reference made a part of this Request for Proposals as set forth herein.
The Contract Documents are:
1. Request for Proposals
2. Attachment A - Bidder’s Proposal
3. Attachment B - Bidder’s Sworn Acknowledgement
4. Attachment C - Bidder’s Sworn Work History Statement
5. Attachment D - Bidder’s Sworn Statement of Responsibility
6. Attachment E - City of McHenry Municipal Pick-Up Locations & Service Types
7. Attachment F - City of McHenry Service Map
8. Attachment G - Sample Performance Bond
9. Attachment H - Sample Agreement & Ordinance
Section 7: Mandatory Pre-Proposal Conference
A mandatory pre-proposal conference will be held on January 19, 2022 at 10:00 a.m. at the McHenry
Public Works Facility, located at 1415 Industrial Drive, McHenry, IL 60050, to explain all of the documents
included with this Request for Proposals. Nothing stated at the pre-proposal conference shall change any
such document unless an Addendum is issued therefore pursuant to Section 12 (I) of the Request for
Proposals. Bidders are encouraged to submit written questions to Troy Strange, Director of Public Works,
sufficiently in advance of the scheduled pre-proposal conference to ensure that all questions can be
responded to at the pre-proposal conference.
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Section 8: Submission of Proposal
One (1) original and one (1) copy of the Proposal (which includes all Attachments along with the required
Bid Security) must be delivered to Troy Strange, Director of Public Works, 1415 Industrial Drive, McHenry
IL, 60050, by 10:00 a.m. on February 9, 2022. Proposals arriving after the specified time will not be
accepted and will be returned to the originator unopened. Mailed proposals, which are delivered after
the specified hour, will not be accepted regardless of postmarked time on the envelope.
All proposals shall be submitted in sealed envelopes marked with the following information:
Project Name: “City of McHenry Residential Waste Hauling, Recycling, and Landscape
Collection Services”
Bid Opening Date: February 9, 2022 at 10:00 a.m.
I. Contact with the City. Any attempt to directly contact and influence any City Council Member,
Advisory Board Member, or any City Staff Member associated with this Request for Proposals
after receipt of this document and prior to the final selection decision as evidence by a fully
mutually exclusive Contract with the final selected CONTRACTOR will be grounds for
disqualification.
Section 9: Proposal Receipt
The City of McHenry will receive sealed Bidder’s Proposals for the Work until 10:00 a.m. on February 9,
2022, at which time the proposals will be opened at the Public Works Facility located at 1415 Industrial
Drive, McHenry, IL 60050.
Section 10: Bid Security, Bonds Insurance, and Indemnification
I. Bid Security. Each Proposal shall be accompanied by a bid bond, cashier’s check, bank draft, or
certified check in the amount of $50,000. Only one (1) security deposit in the amount of $50,000
shall be required from each bidder.
II. Return of Bid Security. Bid Securities submitted in the form of cashier’s check, bank drafts, or
certified checks will be returned to all within five (5) business days after execution of the Contract
by the City.
III. Liquidated Damages. If a Bidder fails to timely submit all additional information requested by the
City, or if the Successful Bidder fails to timely and properly submit the required Bid Bond and
certificates and policies of insurance, if the Successful Bidder fails to timely and properly execute
the Contract, the CONTRACTOR’S Certification, and all other required documentation related to
the Contract, it will be difficult and impracticable to ascertain and determine the amount of
damage that the City will sustain by reason of any such failure. For such reason, every Bidder shall,
by submitting its Bidder’s Proposal, be deemed to agree that the City shall have the right, at their
option in the event of any such default, to retain as reasonably estimated liquidated damages,
and not as a penalty, the entire amount of the Bid Security and, at the discretion of the City, to
exercise any and all equitable remedies it may have against the defaulting Bidder.
IV. Performance Bond. At the time of execution of the Contract, the CONTRACTOR shall furnish the
required Performance Bond with corporate surety acceptable to the City in the sum of $250,000
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for the period of this Contract, including any renewal thereof, conditioned upon the faithful
performance by the CONTRACTOR of its obligations under this Contract and upon its full
compliance with the laws of the State of Illinois and ordinances and regulations of the City and
said Bond shall indemnify the City against any loss resulting from any breach or failure of
performance by the CONTRACTOR. Only one (1) performance bond in the sum of $250,000 shall
be required from the CONTRACTOR to whom a Contract is awarded.
The surety on said Bond shall have at least an AAA financial rating in the most recent edition of
Best’s Insurance Reports. Said Performance Bond shall act in addition to and not in lieu of the
Indemnification as provided in Paragraph (VI) of this Section below. The Bond shall be drafted in
a manner acceptable to the City.
V. Insurance. The Successful Bidder will be required to furnish at Bidder’s sole cost original
certificates of insurance upon award of the Contract. Each Bidder’s Proposal must be
accompanied by a letter from an insurance carrier or its agent, acceptable to the City, which has
a Best’s rating of not less than “A-”and a classification of “X” or better, certifying that said insurer
has read the requirements set forth in this Section and will issue the required certificates of
insurance upon award of the Contract to the Successful Bidder. Throughout the term of this
Contract and any renewal thereof, the CONTRACTOR agrees, at a minimum, to carry and maintain
in effect insurance and to name the City, in all cases, as an additional insured, as follows:
A. Worker’s Compensation: The CONTRACTOR shall carry in a company authorized under
the laws of the State of Illinois, a policy to protect itself against liability under the Worker’s
Compensation and Occupational Diseases Statutes of the State of Illinois or any other
governing laws related to worker’s compensation.
B. Motor Vehicle Liability Insurance: The CONTRACTOR shall carry in its own name a policy
under a comprehensive form to insure the entire motor vehicle liability for its operations
with limits no less than $3,000,000 each person and $5,000,000 each accident bodily
injury and death liability and $1,000,000 each accident for property damage liability. This
policy shall name the City as additional insured as to the operation of vehicles owned or
operated by the CONTRACTOR.
C. General Liability: The CONTRACTOR shall carry in its own name a comprehensive liability
policy for its operations other than motor vehicle with limits of at least $3,000,000 each
person and $5,000,000 each accident bodily injury and death liability, $1,000,000 each
accident for property damage liability. The City shall be named as an additional insured
on this policy.
Said insurance policies shall not be cancelable without thirty (30) days prior written notice to the
City. The CONTRACTOR shall furnish the City with certificates evidencing that the insurance
provided for herein is maintained by the CONTRACTOR within seven (7) days of the date of any
request by the City.
The insurance coverage specified herein constitutes the minimum requirements and said
requirements shall in no way lessen or limit the liability of the CONTRACTOR under the terms of
this Agreement. The CONTRACTOR shall procure and maintain at its own cost and expense, any
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additional kinds and amounts of insurance which, in the CONTRACTOR’s own judgment, may be
necessary for its proper protection in the prosecution of the Work.
VI. Indemnification. The CONTRACTOR shall indemnify and hold harmless the City including, but not
limited to, its officials, staff, employees, agents, attorneys and accountants against any and all
damages to property or injury or death of any person or persons, including property and
employees, agents, or invitees of the City and shall defend, indemnify and hold harmless the City
from any and all claims, demands, suits, actions, or proceedings of any kind or nature, or by
anyone whatsoever, including but not limited to costs, expenses and attorney fees, in any way
resulting from or arising out of the CONTRACTOR’s performance under the terms of this Proposal.
Section 11: Examination of Documents and Work Site
I. Bidding and Contract Documents. Each prospective Bidder shall, before submitting its Proposal,
carefully examine the Bidding and Contract Documents.
II. Work Conditions. Each prospective Bidder shall, before submitting its Proposal, personally inform
itself of all conditions under which the Work is to be performed and of any unusual conditions or
difficulties that may be encountered.
III. Representation and Warranty of Bidder. The Bidder submitting a Bidder’s Proposal expressly
thereby represents and warrants that it has had an adequate period of time to conduct, and has
conducted, the independent examinations, inspections, and investigations required by this
Section.
IV. Remedies for Failure to Comply. The Successful Bidder will be responsible for all errors in its
Bidder’s Proposal resulting from the Bidder’s failure or neglect to comply with the terms of this
Request for Proposals. The Successful Bidder will not be allowed any extra compensation by
reason of any such errors or by reason of any matters or things of which the Bidder has failed or
neglected to inform itself prior to submitting its Bidder’s Proposal, and the Successful Bidder shall
bear all costs associated therewith or arising therefrom, including increased costs or decreased
profits due to a change in the methods or increase in the equipment or personnel employed as a
result of matters or conditions first discovered during the progress of the Work.
Section 12: Interpretation of the Bidding Documents and the Contract
I. Addenda. No interpretation of the Bidding or Contract Documents will be made except by a
written Addendum duly issued by the City. No interpretation not contained in an Addendum shall
be valid or have any force or effect whatsoever. All Addenda issued prior to the opening of
Bidder’s proposals shall become a part of the Proposal or Contract Documents, as the case may
be.
II. Informal Responses. The City will not give oral answers to any inquiries regarding the meaning of
the Bidding or Contract Documents or oral instructions prior to the award of the Contract. Any
such oral answer or instruction shall not be binding, shall be deemed to be unauthorized and given
informally for the convenience of prospective Bidders, shall not be guaranteed, and shall not be
relied upon by any prospective Bidders. By submitting a Bidder’s Proposal, each Bidder shall be
deemed to have agreed that such information has not been used as a part of its Bidder’s Proposal
and that the giving of any such information does not entitle such Bidder to assert any claim or
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demand against the City or its respective officers, employees, agents, or attorneys on account
thereof.
Section 13: Taxes
The City is exempt from state and local sales, use and excise taxes. A letter of exemption will be provided
to the Successful Bidder, if necessary. The City will not reimburse, nor assist the Successful Bidder in
obtaining reimbursement, for any state or local sales, use or excise taxes paid by the Successful Bidder.
The Successful Bidder shall be required to reimburse the City for any such taxes paid, if any. All prices
stated in Bidder’s Proposals shall include any other applicable taxes.
Section 14: Permit and Licenses
All Bidder’s Proposals shall include the cost of obtaining all permits, licenses, and other authorizations
required by law for performance of the Work. It shall be the sole responsibility of each prospective Bidder
to determine the applicable licenses, permits and other authorizations. If a license or permit is required
to complete the Work at the inception of the Contract or during the term of the Contract, the
CONTRACTOR will be required to provide evidence of successfully obtaining the required licenses and/or
permits to the City within thirty (30) days.
Section 15: Preparation of Bidder’s Proposal
Proposals for the Work shall be made on the blank Proposal forms furnished by the City and included in
the Bidding Documents. Entries on the Proposal form shall be typed or legibly written in ink. A Proposal
may be rejected if it does not contain a requested rate or charge for each and every item named in the
Proposal form or may be interpreted as bidding “no charge” for any item left blank.
Section 16: Signature Requirements
Any Proposal that fails to comply with this Section may be rejected.
I. Proposals. Each Proposal shall be signed, as applicable, by the president or other authorized
officer of any corporation, or by all of the General Partners of any partnership; or by each
signatory of any joint venture agreement, so authorized to sign, or by any individual if the Proposal
is submitted by an individual.
II. Other Documents. The signature requirements set forth in Section 16 (I) above shall apply to all
other documents required to be executed by the Bidder, Bidder’s sureties, and Bidder’s insurance
representatives as well as to the Contract, the CONTRACTOR’s Certification, and all other required
documentation related to the Contract. Any Proposal that fails to comply with this requirement
may be rejected.
Section 17: Withdrawal of Proposal
Any Proposal may be withdrawn at any time prior to the opening of any Proposal, provided that a request
in writing, executed by the Bidder in the manner specified in this Request for Proposals, for the withdrawal
of such is filed with the City prior to the opening of any Proposal. The withdrawal of a Proposal prior to
the opening of any Proposal will not prejudice the right of the Bidder to file a new Proposal so long as such
new Proposal is submitted prior to the due date and time of the proposals.
No Proposal shall be withdrawn without the consent of the City for a period of sixty (60) calendar days
after the opening of Proposals. Any Proposal may be withdrawn at any time following the expiration of
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said sixty (60) day period, provided that a request in writing, executed by the Bidder in the manner
specified in the Request for Proposals, for the withdrawal of such Proposals is filed with the City after said
sixty (60) day period. If no such request is filed, the date for acceptance of such Proposal shall be deemed
to be extended until such a request is filed or until the City executes a Contract pursuant to this Request
for Proposals.
Section 18: Qualifications of Bidders
I. Factors. The City intends to award the Contract to a CONTRACTOR that furnishes satisfactory
evidence that it has the requisite experience, ability, capital, facilities, organization, and staffing
to enable it to perform the Work successfully.
II. Final Determination. The final selection of the successful Proposal shall be made on the basis of
the above-mentioned facts and matters and any additional information that may be requested of
all respondents. Such additional information may include, but is not limited to, a listing of
available personnel, plant, and equipment; a description of current workloads and any pending
bids or proposals; financial and litigation statements; and any other pertinent information. If such
information is required, the City shall request such information in writing.
If the City submits a request for additional information in writing, then the respondent shall provide such
information within two (2) business days after receipt of said request or such other period as may be set
forth therein. Failure to answer shall be grounds for the imposition of liquidated damages at the City’s
option, as is specifically set forth in this Request for Proposals.
Section 19: Disqualification of Bidders
I. More than One Bidder’s Proposal. No more than one (1) Bidder’s Proposal for the Work described
in the Request for Proposals shall be considered from any single corporation, partnership,
individual, or joint venture. Reasonable grounds for believing that any corporation, partnership,
individual or joint venture is interested in more than one (1) Bidder’s Proposal for the Work may
cause the rejection of all Bidder’s Proposals in which such corporation, partnership, individual, or
joint venture is interested.
II. Collusion. If there are reasonable grounds for believing that collusion exists among any of the
Bidders, the Bidders’ Proposals of the participants in such collusion will not be considered.
III. Default. If a Bidder is or has been in default on a Contract with any Municipality, or in the payment
of monies due any Municipality, its Bidder’s Proposal may not be considered at the City’s
discretion.
IV. Deficiencies. The City expressly reserves the right in its sole and absolute discretion to disqualify
any Bidder who submits a Bidder’s Proposal that contains omissions, alterations, or irregularities
of any kind that may tend to make the Bidder’s Proposal incomplete, non-conforming, indefinite,
or ambiguous as to its meaning, including but not limited to conditional surety and insurance
commitment letters, or submits an unsigned or improperly signed Bidder’s Proposal.
Section 20: Award of Contract
I. Reservation of Rights. The City reserves the right to accept the Bidder’s Proposal that is, in its sole
judgment, the best and most favorable to the interest of the City and the public; to reject the
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lowest priced bid(s); to accept any item of any Bidder’s Proposal; to reject any and all Bidder’s
Proposals; to accept and incorporate corrections, clarifications, or modifications following the
opening of the Bidder’s Proposals when to do so would not, in the City’s sole opinion, prejudice
the bidding process or create an improper advantage to any Bidder; and to waive irregularities
and informalities in any Bidder’s Proposal submitted or in the bidding process; when to do so
would not, in the City’s sole opinion, prejudice the bidding process or create an improper
advantage to any bidder provided, however, that the waiver of any prior defect or informality
shall not be considered a waiver of any future or similar defects or informalities, and Bidders
should not rely upon, or anticipate, such waivers in submitting their Bidder's Proposals. In
addition, post-bid-opening the City may conduct oral interviews of individual CONTRACTORS and
may request the submittal of references from specific CONTRACTORS both at the City’s sole
discretion.
II. Offers. All Bidder’s Proposals are firm offers to enter into the Contract and no Bidder’s Proposals
shall be deemed rejected, notwithstanding acceptance of any other Bidder’s Proposal, until the
Contract has been executed by both the City and the Successful Bidder.
III. No Reimbursement. The City will not be responsible for reimbursing any Bidder for the direct
and/or indirect costs related to preparing and submitting a Proposal for the City’s consideration.
All costs associated with participating within this Proposal process will be the responsibility of the
submitting CONTRACTOR.
Section 21: Failure to Properly Execute and Provide Contract Documents
I. Annulment of Award; Liquidated Damages. Failure of the Successful Bidder to sign the Contract
or the CONTRACTOR’s Certification, or to sign any other required documentation or to submit the
required bond or certificates or policies of insurance within fourteen (14) days after notice from
the City of award of the Contract shall be just cause for the annulment of the award and the
imposition of liquidated damages as specifically set forth in this Request for Proposals.
II. Subsequent Awards. Upon annulment of an award, the City may accept and award a Contract
based on, any other Bidder’s Proposal as the City, in its sole judgment, deems to be the best or
may invite new proposals or may abandon the bidding process or the Work.
Section 22: Confidentiality
Each Bidder shall identify any information submitted in the bidding process that is considered by it to be
confidential or proprietary. The City shall not disclose, outside the bidding process, at any time, either
during or subsequent to the bidding process, any such designated confidential or proprietary information,
unless such disclosure will not cause competitive harm, or such information was actually known to the
City prior to its submission by the Bidder, or such information was properly obtained or developed
independently by the City, or the Bidder consents to such disclosure. Notwithstanding the foregoing, each
Bidder, by its submission of its Bidder’s Proposal, acknowledges that the City is subject to the Illinois
Freedom of Information Act (IL Rev. Stat. Ch. 116, Section 201 et seq.) and that no disclosure made in
good faith by the City pursuant to such Act shall be deemed to violate this Section. Further, by submitting
its Bidder’s Proposal, each Bidder hereby waives any claims against the City related to any possible
disclosure by the City of any such confidential information.
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Section 23: Disputes
The CONTRACTOR’s performance of the Work under this Proposal shall be observed and monitored by
the City. Should the City determine during the life of the Contract that the CONTRACTOR has not
performed satisfactorily, the CONTRACTOR, upon notification from the City, shall increase his/her work
force, tools and equipment as needed to properly perform to the satisfaction of the City. The failure of
the City to give such notification shall not relieve the CONTRACTOR of his/her obligation to perform the
Work at the time and in the manner specified within this Request for Proposals and the associated
Contract.
Where any dispute arises between a customer and the CONTRACTOR as to the manner of placing waste
or the nature of the contents or the like, the CONTRACTOR agrees in the specific instance to remove the
waste even though, in its opinion, it is improperly placed or contained. Thereafter, the CONTRACTOR will
immediately report the controversy to the City for settlement before additional collection becomes
necessary in order to avoid further disputes or disagreements between customers and the CONTRACTOR’s
employees. To prevent misunderstandings and litigation, the City shall decide any and all questions which
may arise concerning the quality and acceptability of the Work and services performed, the sufficiency of
the performance, the interpretation of the Contract provisions, and the acceptable fulfillment of the
Contract on the part of the CONTRACTOR. The City will determine whether or not the amount, quantity,
characteristics, and the quality of the Work performed is satisfactory. The City shall make such explanation
as may be necessary to complete, explain or make definitive the provisions of the Contract, and such
findings and conclusions, when issued in writing to the CONTRACTOR, shall be final and binding upon both
the City and the CONTRACTOR.
Section 24: Proposal, Contract and Agreement Terms
It is the understanding and intention of the parties hereto that the Contract shall constitute a Contract for
Refuse Collection and Disposal, and Collection of Recyclables and Landscape Waste for Delivery to
Permitted and/or Approved Facilities, and that said Contract shall not constitute a franchise.
All terms and conditions of the Contract are considered material, and failure to perform any of said
conditions on the part of the CONTRACTOR shall be considered a breach of said Contract. Should the
CONTRACTOR fail to perform any of said terms or conditions, or should the City receive an ongoing and
persistent pattern of complaints by residents about the CONTRACTOR’s performance that remain
unsatisfactorily addressed or that occur repeatedly, the City shall have the right to terminate the Contract
only after ten (10) days written notice to the CONTRACTOR of the violation of the Contract and the failure
of the CONTRACTOR to remedy the violation within said time. In addition to any and all equitable and
legal remedies available to the City in the event of a breach of Contract by the CONTRACTOR, the City shall
have the right to call upon the performance bond described in Section 10 (IV) hereof. The remedies
provided to the City herein shall be cumulative and not exclusive.
No waiver by the City of a default by the CONTRACTOR under the Contract shall be construed as a waiver
by the City of any continuing or subsequent default or failure to perform on the part of the CONTRACTOR.
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ATTACHMENT A – BIDDER’S PROPOSAL
WHEREAS, the undersigned (the “Bidder”) is of lawful age and that no other said Bidder has any
interest herein; and
WHEREAS, this bid is made without any previous understanding, agreement, or connection with
any person, firm, or corporation making the bids and is, in all respects, fair and without coercion or fraud;
and
WHEREAS, no officer, employee, or person who receives salary in whole or in part from the City
directly or indirectly has been involved in the preparation of this bid or in the services to which it relates
or in any portion of profits thereof; and
WHEREAS, the Bidder has examined the Request for Proposals and all Attachments and will, if
successful in this bid, furnish the services for which this bid is made and enter into the Contract to provide
said services; and
WHEREAS, a bid bond, cashier’s check, bank draft, or certified check in the amount of $50,000 has
been included with the Bid Form; and
WHEREAS, the information on the Bidder’s experience, equipment, and disposal facilities as
requested have been completed and hereto attached and made a part of this Proposal; and
WHEREAS, the Bidder, if the Successful Bidder, shall commence services on the dates specified
within Section 5 (I) of the Request for Proposals and continue for a five-year period; and
WHEREAS, at the time of acceptance of this Proposal, the Successful Bidder shall furnish a
performance bond in the sum of $250,000 for the period of the Contract, including any renewal thereof,
conditioned upon the faithful performance by the Bidder of its obligations under the Contract and upon
its full compliance with the laws of the State of Illinois and ordinances and regulations of the City, and said
bond shall indemnify the City against any loss resulting from any breach or failure of performance by the
Bidder; and
WHEREAS, the cost for the following services which meets the requirements, terms and
conditions set forth in the Request for Proposals are bid as follows:
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UNLIMITED REFUSE, RECYCLING, AND YARD WASTE COLLECTION
A. BASE PROGRAM
The method of collection shall be an unlimited weekly collection of household garbage, recyclables, and
yard waste which fit into a:
1. Contractor supplied container/toter, or
2. Refuse stickers distributed by the CONTRACTOR through local stores and City Hall.
3. Unlimited curbside collection of yard waste in resident-owned garbage containers, bundled, or in
biodegradable bags.
An approved refuse container is defined as follows:
1. Refuse Toter. A wheeled plastic container with a tight-fitting top, 35- or 95-gallons in size,
requiring a semi-automatic lifting mechanism for collection. All refuse toters to be supplied by the
CONTRACTOR.
2. Bundle. Any refuse material, such as wood, or other loose items which do not exceed 5 feet in
length and 50 pounds. Each bundle must not exceed 2 feet in diameter.
One (1) bulk item per week will be removed and participation shall be limited to single family residences,
townhomes, condominiums, and apartments that do not exceed four (4) units per building.
Any bulk item(s) left at curbside at any of the above-defined residential units will be picked up except the
following:
1. Items longer than five feet in length
2. Items weighing more than 50 pounds
3. Yard waste
4. Household refuse
5. Rocks, concrete and construction materials including roofing materials and lumber
6. Large appliances such as freezers, refrigerators, stoves, washing machines, dryers, etc. even if
broken up, cut up, crushed or flattened.
7. Any items that could be recycled as noted previously
8. Any type of metal post, pipe, swing set, antenna, etc.
9. Electronic waste, or e-waste such as computer equipment, televisions, etc.
The pickup schedule for bulk items shall coincide with the regular pickup schedule for refuse. There shall
be no compensation to the CONTRACTOR for this service from either the City or the stops serviced.
The CONTRACTOR shall continue to provide existing service levels to all Condominium and Homeowner
Associations on private roads or private driveways at no additional cost. The Associations will indemnify
the CONTRACTOR for any damage to private roads or private driveways resulting from refuse collection
services.
B. RECYCLING COLLECTION
The cost of the curbside recycling program shall be built into the flat rate for refuse collection with no
additional charge to either the City or resident for curbside recycling service. Residents shall be provided
a 35-gallon recycling tote at no cost and may upgrade to a 95-gallon tote within one month of the
beginning of the Contract at no extra charge. Additional bins provided by the homeowner may be used
for overflow.
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The CONTRACTOR shall collect from each household an unlimited amount of co-mingled recyclables each
week.
The CONTRACTOR shall retain 100% of the proceeds from the sale of recyclables, and the projected
revenues from the sale of collected materials shall be taken into consideration when determining the flat
rate for unlimited refuse collection.
1. Minimum Recyclable Materials to be Collected. The CONTRACTOR shall collect the following
materials at a minimum:
I. Paper Items:
• Corrugated Cardboard
• Chipboard (paperboard)
• Newspaper
• Magazines, telephone books, catalogs, and junk mail
• Brown Kraft paper bags
• Mixed or miscellaneous paper products
II. Non-Paper Items:
• Tin, steel, bi-metal beverage and food cans
• Aluminum cans and foil
• Plastics - #1-7:
o “PET”
o “PETE”
o “HDPE”
o “V”
o “LPDE”
o “PP”
o “PS”
• Clear, green, and brown glass including bottles and jars
• The CONTRACTOR may provide for collection of other materials. The City reserves the
right to request additional recyclable items to be collected upon mutual agreement
with the CONTRACTOR. If the CONTRACTOR plans to collect additional materials,
please include information in the Proposal submittal.
2. Ownership of Recyclable Materials. All recyclable materials placed for collection shall be owned
by and be the responsibility of the resident until the materials are collected by the CONTRACTOR.
Once collected, the material then becomes the property and responsibility of the CONTRACTOR.
The CONTRACTOR is responsible for transporting, processing, and marketing the collected
recyclable materials. Any non-recyclable material collected shall be disposed of by and at the
expense of the CONTRACTOR in accordance with federal, state, and local laws, rules and
regulations.
The CONTRACTOR shall retain 100% of the proceeds from the sale of recyclables, and the
projected revenues from the sale of collected materials shall be taken into consideration when
determining the cost of recycling services.
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C. COLLECTION OF YARD WASTE
Unlimited curbside yard waste collection service shall be offered the first full week of April through the
first full week of December during the term of the Contract for all residential accounts. The cost of
curbside yard waste collection shall be built into the rate(s) for refuse collection with no additional charge
to either the City of McHenry or to the resident for curbside yard waste collection. Yard waste must be
placed in an acceptable landscape yard waste container as defined below:
1. Garbage Can. A plastic or galvanized metal can of a capacity not less than four (4) gallons and not
to exceed thirty-four (33) gallons in size. No can shall exceed fifty (50) pounds in weight when
filled and must be clearly marked “Yard Waste”. Residents will be responsible for supplying their
own garbage cans.
2. Kraft Paper Bag. A special biodegradable paper bag, not to exceed thirty (30) gallons in size, which
shall shred and degrade quickly in the composting process.
3. Bundle. Limbs, branches, or other loose items that do not exceed five (5) feet in length and fifty
pounds in weight. Each branch shall not exceed three (3) inches in diameter. Each bundle shall
not exceed (2) feet in diameter.
Curbside loose leaf collection shall be provided to all residential properties included in the Contract.
Leaves shall be picked up at least once per week on the same day as the resident’s normal garbage
collection beginning the first full week of October through the first full week of December.
The CONTRACTOR will be responsible for collection of all Christmas trees at no additional charge beginning
the second Monday after New Year’s Day.
D. ORGANIC WASTE COLLECTIONS
The City of McHenry has an interest in an organic waste collection program. This will not be part of the
base contract scope of services but shall be offered to all residents as a subscription service. The
contractor shall provide a cost to the resident, which will be billed by the contractor directly to the
resident on a monthly basis. Such fee shall include the supplying of a toter of either a 35- or 95-gallon
size to be used for the program, collection, and proper recycling.
E. COLLECTION OF BULK MATERIALS AND WHITE GOODS
1. Bulk Materials. The CONTRACTOR shall also provide collection services for the collection of bulk
items. Examples shall include: sofas, tables, mattresses, box springs, televisions, small amounts of
household construction and demolition debris, and large appliances, which do not contain CFC or
HCFC refrigerant gas PCB containing capacitors, mercury switches, or other hazardous
components.
2. White Goods. Regarding white goods, the CONTRACTOR shall have a plan for the separate
collection and proper recycling/ disposal of white goods collected in compliance with all State and
Federal legislation. The cost of collection and disposal of white goods containing CFC or HCFC
refrigerant gas, PCB containing capacitors, mercury switches, and other hazardous components
shall be at the rate specified on a separate price quotation sheet.
Residents will be responsible for paying the CONTRACTOR directly for the collection of any bulk materials
and/or white goods.
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F. MISCELLANEOUS COLLECTIONS
The CONTRACTOR shall offer a special curbside collection service for large quantities of refuse including,
but not limited to, household construction and demolition debris, and move-in or move out clean-up
rubbish. Such services shall be by advance arrangements with the CONTRACTOR at the resident’s request
and expense. Rates for this service should be specified on a separate price quotation sheet.
The collection costs for such services shall be based upon cubic yards of refuse as specified on the price
quotation sheet. The CONTRACTOR shall also specify the minimum cubic yardage of refuse necessary for
the collection to be considered a special collection. Items which are less in total than the minimum
requirements shall be considered bulk materials for collection and disposal purposes. The resident shall
make payment for any special collection directly to the CONTRACTOR, and collection of such fees shall be
the sole responsibility of the CONTRACTOR.
The CONTRACTOR shall advise the resident directly of the terms of such collection (i.e., what materials
will be collected, how the materials should be prepared, the date of collection, the policy on furnishing
advance estimates of charges, and the like). The CONTRACTOR shall also, at the request of the City, collect
quantities of refuse, debris, or yard waste left at the curb in unusual circumstances, i.e., evictions or “skip-
outs,” and shall bill the property owner for such costs.
The CONTRACTOR shall also, offer dumpster rental and pick-up service for residents with household
remodeling and repair projects that generate large quantities of construction and demolition debris which
cannot be easily picked up at the curbside. The terms of, as well as charges and payment for, this service
shall be arranged solely between the CONTRACTOR and the resident.
G. HAZARDOUS MATERIALS
The CONTRACTOR shall provide itemized pricing for pickup and disposal of hazardous materials including
paint, batteries, cleaning supplies, etc. Residents will be responsible for requesting such pickup and for
paying the CONTRACTOR directly for the collection of any hazardous materials.
H. CITY OF MCHENRY MUNICIPAL BUILDING COLLECTION
The municipal buildings included in this service are described in Attachment E.
Over the terms of the Contract, any new municipal facilities or additional special events will be serviced
by the CONTRACTOR at no charge to the City.
I. SPECIAL PROGRAM COLLECTIONS
As a part of its pricing for all program options, the CONTRACTOR shall provide services for the following
programs:
1. Spring Cleanup. Once per calendar year during the month of May and on specific dates to be
mutually determined by the CONTRACTOR and the City, the CONTRACTOR shall provide curbside
collection and disposal of unlimited bulk items from each customer. Bulk items shall conform to
the requirements identified in Section A. Such collection shall occur on the regular day of garbage
service at each location. In Spring of 2020, this program was run at the City’s expense and 142.28
tons of bulk materials were generated.
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2. Electronic (E-Waste) Waste Pick-up. Twice per calendar year during the months of March and
September and on specific dates to be mutually determined by the CONTRACTOR and the City,
the CONTRACTOR shall provide electronic waste curbside collection and disposal from each
customer. Each account will be allowed:
• One (1) television; or
• One (1) computer monitor.
3. Pumpkin Drop-Off. A dumpster for the disposal of pumpkins shall be provided by the
CONTRACTOR during the month of November at the following location:
• Public Works Department: 1415 Industrial Drive, McHenry, IL 60050
4. Christmas Light Recycling. Toters for the disposal of Christmas lights shall be provided by the
CONTRACTOR during the months of December and January in the lobbies of the following
locations:
• Public Works Department: 1415 Industrial Drive, McHenry, IL 60050
• City Hall: 333 South Green Street, McHenry, IL 60050
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SCOPE OF SERVICES
Year One (1) Year Two (2) Year Three (3) Year Three (4) Year Five (5)
BASE PROGRAM – includes weekly one bulk item, curbside leaf
pickup the first full week of October through the first full week of
December, free Christmas tree pickup the first full two weeks of
January, Spring Cleanup, pumpkin disposal, E-Waste, Christmas
light disposal
Refuse Sticker (per sticker)
Contractor-supplied 95-gallon refuse toter (monthly cost)
Contractor-supplied 35-gallon refuse toter (monthly cost)
Contractor-supplied 95-gallon organic waste toter
(monthly cost)
Contractor-supplied 35-gallon organic waste toter (monthly
cost)
Contractor-supplied 35-gallon recycling toter with option for a 95-
gallon, no charge for larger toter within the first month of Contract.
No Cost No Cost No Cost No Cost No Cost
Unlimited curbside yard waste collection, the first full week of
April through the first full week of December.
No Cost No Cost No Cost No Cost No Cost
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Proposal Price
Miscellaneous Collection
The following items should be priced below but pick-up and payment will be arranged separately by each
resident, as necessary:
Year 1 Year 2 Year 3 Year 4 Year 5
Per Cubic Yard for
Special Collection:
(per cubic yard) (per cubic yard) (per cubic yard) (per cubic yard) (per cubic yard)
White Goods:
(per item) (per item) (per item) (per item) (per item)
Additional Bulk Items:
(per item) (per item) (per item) (per item) (per item)
Hazardous Material 1:
(per ) (per ) (per ) (per ) (per )
Hazardous Material 2:
(per ) (per ) (per ) (per ) (per )
Hazardous Material 3:
(per ) (per ) (per ) (per ) (per )
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Landfill Information
Choice of landfill will be the decision of the CONTRACTOR, but the landfill must meet or exceed all local,
state, and federal regulations.
Landfill to be used for
Refuse Disposal:
Address of Landfill:
Current Base Rate: per unit of measurement
Authorization By
By signing below, the Bidder affirms having sent and completed all of the above information that it is true
and correct. Further, the Bidder acknowledges that he/she has read the foregoing and agrees to comply
with the terms set forth herein.
Firm Name:
Authorized Signature:
Name:
Title:
Date:
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ATTACHMENT B – BIDDER’S SWORN ACKNOWLEDGEMENT
____________________________________ (“Deponent”), being first duly sworn on oath, deposes and
states that the undersigned Bidder is organized as indicated below and that all statements herein made are
made on behalf of such Bidder in support of the Bidder’s Proposal for the Contract and that Deponent is
authorized to make them.
Deponent also deposes and states that the Bidder has carefully prepared, reviewed, and checked its Bidder’s
Proposal and that the statements contained in its Bidder’s Proposal and in this Acknowledgement are true
and correct.
Please complete the Applicable Section:
1. Corporation
Bidder is a corporation that is organized and existing under the laws of the State of ___________________
that is operating under the legal name of _____________________________________________________
and that is qualified to do business in the State of Illinois.
Pursuant to a Resolution of the corporation’s Board of Directors taken on ___________________________
certified copy of which is hereto attached, _____________________________________________________
who is the ____________________________________________ of the corporation, is authorized to sign
the Proposal, the Contract, and all documents related thereto. (Strike out this paragraph if not applicable.)
The Officers of the corporation are as follows:
Title: Name: Address:
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The Stockholders of the corporation who own ten percent or more of its stock of any class are as follows:
Name: Address: Percentage of Ownership:
2. Partnership
Bidder is a partnership that is organized, existing, and registered under the laws of the State of
________________ pursuant to that certain Partnership Agreement dated as of _______________________
that is operating under the legal name of _________________________________________ and that is
qualified to do business in the State of Illinois.
The General Partners of the partnership are as follows:
Title: Name: Address:
Pursuant to a Power of Attorney executed by all of the General Partners on __________________________
a certified copy of which is hereto attached, __________________________ is the attorney in-fact for the
partnership and is authorized to sign this Proposal, the Contract, and all documents related thereto for the
partnership. (Strike out this paragraph if not applicable.)
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3. Individual
Bidder is an individual whose full name is _______________________________________ whose residence
address is ________________________________________________________ and whose business address
is _____________________________________________________________________________________.
If operating under a trade or assumed name, said trade or assumed name is as follows:
______________________________________________________________________________________.
Pursuant to a power of attorney executed by Bidder on a
certified copy of which is hereto attached, ____________________________________ is the attorney-in-
fact for Bidder and is authorized to sign this Proposal, the Contract, and all documents related thereto for
Bidder. (Strike out this paragraph if not applicable.)
4. Joint Venture
Bidder is a joint venture that is organized and existing under the laws of the State of ____________________
pursuant to that certain Joint Venture Agreement dated as of _____________________ that is operating
under the legal name of ____________________________________________ and that is qualified to do
business in the State of Illinois.
Pursuant to a Power of Attorney executed by all signatories to the aforesaid Joint Venture Agreement
(Bidder) on __________________________________, a certified copy of which is hereto attached,
________________________ is the attorney-in-fact for Bidder and is authorized to sign this Bidder’s
Proposal, the Contract and all documents related thereto for Bidder. (Strike out this paragraph if not
applicable.).
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The signatories to the aforesaid Joint Venture Agreement are as follows:
Name: Address: Percentage of Ownership:
____________________________________________ is a signatory to the Joint Venture Agreement and is
a(n) Individual/Corporation/Partnership.
____________________________________________ is a signatory to the Joint Venture Agreement and is
a(n) Individual/Corporation/Partnership.
____________________________________________ is a signatory to the Joint Venture Agreement and is
a(n) Individual/Corporation/Partnership.
(Strike out inapplicable forms of entities and attach on a separate sheet the information required in 1, 2
3, or 4 above, as applicable).
DATED this ___________________________________ day of _______________________________, 2022.
Bidder:
Attest/Witness:
By: Title:
By:
Title:
Subscribed and sworn to before me on this
_______________________________ day of
______________________________, 2022.
My Commission Expires:
Notary Public (Seal)
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ATTACHMENT C – BIDDER’S SWORN WORK HISTORY STATEMENT
_____________________________________ (“Deponent”), being first duly sworn on oath, deposes and
states that all statements made in this Sworn Work History Statement are made on behalf of the
undersigned Bidder in support of the Bidder’s Proposal for the above Contract, and Deponent is authorized
to make them.
Deponent also deposes and states that Bidder has carefully prepared, reviewed and checked this Sworn
Work History Statement and that the statements contained in this Sworn Work History Statement are true
and correct.
If necessary for full disclosure, add separate sheets. If Bidder is a Joint Venture, separate Sworn Work
History Statements must be submitted by the Joint Venture and each signatory to the Joint Venture
Agreement.
1. Nature of Business. State the nature of Bidder’s business:
2. Years in Business. State the number of years that Bidder, under its current name and organization,
has been continuously engaged in the aforesaid business:
3. Predecessor Organizations. If Bidder has been in business under its current name and organization
for less than five (5) years, list any predecessor organizations:
Name: Address: Years:
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4. Related Experience. List three (3) Contracts awarded to Bidder, or its predecessors, in the past five
(5) years most comparable to the Work:
Job #1 Job #2 Job #3
Owner:
(Municipal or Private)
Reference:
Telephone Number:
Type of Work:
5. Suggested Procedures for Termination/Reinstatement of Services. State the procedures followed by
Bidder in terminating service for nonpayment of rates and charges and in reinstatement of service
following payment for past due amounts:
DATED this ___________________________________ day of _______________________________, 2022.
Bidder:
Attest/Witness:
By: Title:
By:
Title:
Subscribed and sworn to before me on this
_______________________________ day of
______________________________, 2022.
My Commission Expires:
Notary Public (Seal)
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ATTACHMENT D – BIDDER’S SWORN STATEMENT OF
RESPONSIBILITY
CONFIDENTIAL
(MUST Be Completed When Submitting Initial Bidder’s Proposal)
_______________________________________(“Deponent”), being first duly sworn on oath, deposes and
states that all statements made in this Sworn Statement of Responsibility are made on behalf of the
undersigned Bidder in support of the Bidder’s Proposal for the above Contract and that Deponent is
authorized to make them.
Deponent also deposes and states that Bidder has carefully prepared, reviewed and checked this Sworn
Statement of Responsibility and that the statements contained in this Sworn Statement of Responsibility
are true and correct.
If Bidder is a successor to a prior organization, provide the information requested in items 5 through 8 for
both Bidder and the prior organization. If necessary for full disclosure, add separate sheets. If Bidder is a
Joint Venture, separate Sworn Work History Statements must be submitted by the Joint Venture and each
signatory to the Joint Venture Agreement.
1. Superintendents. One (1) or more of the following Superintendents will be assigned to supervise the
Work:
Name: Special Qualifications: Years in Current
Occupation:
2. Owned Equipment. The following equipment is owned by Bidder, is in good condition and working
order, and is available for and will be employed in the Work:
Equipment Description: Age of
Equipment:
Number
Available:
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3. Leased Equipment. The following equipment is known by Bidder to be available, will be leased by
Bidder, and will be employed in the Work:
Equipment Description: Age of
Equipment:
Number
Available:
4. Current Projects. Bidder is currently involved in the following on-going Contracts for work similar to
the Work:
Owner: Description of Work: Scheduled
Collection Days:
5. Contracts Abandoned. Bidder has never failed to complete a Contract except as noted and explained
below:
6. Contract Defaults. Bidder has never defaulted on, or been terminated for cause on, a Contract except
as noted and explained below:
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7. Litigation. Bidder is, or within the past five (5) years has been, a party to the following litigation and
none other:
Case Number: Court Jurisdiction: Docket Number:
8. Joint Venture Documents. If Bidder is a Joint Venture, provide a true and correct copy of Bidder’s
Joint Venture Agreement, together with any and all agreements between the signatories thereto
relating to the Bidder’s Proposal, the Work or the Contract.
DATED this ___________________________________ day of _______________________________, 2022.
Bidder:
Attest/Witness:
By: Title:
By:
Title:
Subscribed and sworn to before me on this
_______________________________ day of
______________________________, 2022.
My Commission Expires:
Notary Public (Seal)
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ATTACHMENT E – CITY OF MCHENRY MUNICIPAL PICK-UP
LOCATIONS & SERVICE TYPES
Over the terms of the Contract, any new municipal facilities or additional special events will be serviced by
the Contractor at no charge to the City. The City reserves the right to alter service type and frequency of
pickup on the locations listed below:
LOCATION SERVICE TYPE FREQUENCY
City Hall
333 S. Green Street
Refuse/Recycling Three per week/refuse
Once per week/recycling
Public Works Facility
1415 Industrial Drive
Refuse/Recycling Three per week/refuse
Once per week/recycling
Parks Maintenance Facility
105 N. Green Street
Refuse/Recycling
(2 dumpsters)
Three per week/refuse
Once per week/recycling
Recreation Center
3636 Municipal Drive
Refuse/Recycling Three per week/refuse
Once per week/recycling
Petersen Park (Picnic)
4311 Lakewood Road?
Refuse Twice per week
(April – November)
Hickory Creek Farm
4400 W Lake Shore Drive (building
plaque states 2800 Derby Lane)
Refuse/Recycling Once per week/refuse
Once per week/recycling
Merkel Aquatic Center
201 S. Green Street
Refuse Once per week
(May – August)
Miller Riverfront Park (Boat Launch)
2900 Charles Miller Road
Refuse Three per week/refuse
Central Pumping Station
3306 W. Waukegan Road
Refuse/Recycling Once per week/refuse
Once per week/recycling
Wastewater Treatment Plant
3200 W. Charles Miller Road
Refuse/Recycling Three per week/refuse
Once per week/recycling
Veteran’s Memorial Park
3400 Pearl Street
Refuse As requested for Fiesta Days
Petersen Park
4300 Petersen Park Road
Refuse As requested for Fiesta Days &
firework events
Miller Point
1202 N. Riverside Drive
Refuse As requested for St. Patrick’s Day
events in March
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ATTACHMENT F – CITY OF MCHENRY SERVICE MAP
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ATTACHMENT G – PERFORMANCE BOND FOR THIS RFP
THE PERFORMANCE BOND MUST BE IN A FORM SUBSTANITALLY SIMILAR TO THE FOLLOWING:
KNOW ALL MEN BY THESE PRESENTS: That ___________________________________________ as Principal
(herein called "Principal”) and __________________________________________ as Surety (herein called
“Surety”) are held and firmly bound onto the City of McHenry (herein called “Obligee”) in the just and full sum of
($________________________________) lawful money of the United States of America, for the payment of
which, well and truly to be made, we hereby bind ourselves and ours, and each of our, heirs, executors,
administrators, successors, and assigns, jointly and severally firmly by these presents.
This obligation shall include payment of actual costs and damages and for attorneys’ fees, engineering and other
professional fees, court costs, interest, and any other fees and expenses resulting from or incurred by reason of
Principal’s failure to promptly and faithfully perform its Contract with the Obligee, said Contract being more fully
described below, and to include attorneys fees, court costs, and other fees and expenses necessarily paid or
incurred in successfully enforcing performance of the obligation of Surety under this bond.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,
That, WHEREAS, Principal has been awarded a Contract for the following described work and is required by
Obligee to give this bond in connection with the execution of the written Contract therefore:
Transfer, Processing and Disposal of Municipal Solid Waste,
(Request for Proposal No. _________ dated _______________________________)
NOW, THEREFORE, if Principal shall well and truly do and perform each and all of the covenants, conditions, and
agreements of said Contract on the Principals part to be done and performed, at the time and in the manner
therein specified, and shall indemnify and save harmless the Obligee, its officers, officials, agents, employees and
volunteers, as therein stipulated, then this obligation shall be null and void; otherwise, it shall remain in full force
and effect.
No extension of time granted to the Principal and no change or alteration in any of the terms of the Contract or
any of the Contract documents or the Work to be performed thereunder, whether made after notice or not, shall
release or otherwise affect the obligations of the Surety hereunder, and the Surety waives notice of any such
extension, change or alteration, the Surety, by the execution of this bond, represents and warrants that this bond
has also been duly executed by the Principal and proper authority, and the Surety hereby waives any defense
which it might have by reason of any failure of the Principal to execute or properly execute this bond.
SIGNED AND SEALED the _____________________day of _______________________________________, 2022.
SIGNATURES: _________________________________________
_________________________________________
_________________________________________
88
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ATTACHMENT H – SAMPLE AGREEMENT & ORDINANCE
SAMPLE AGREEMENT BETWEEN THE CITY OF MCHENRY AND CONTRACTOR FOR REFUSE
COLLECTION AND DISPOSAL SERVICE, RECYCLABLE COLLECTION AND LANDSCAPE WASTE
COLLECTION
THIS CONTRACT, made and entered into this ______________ day of ____________________2022,
by and between the City of McHenry, a Municipal Corporation of McHenry County, Illinois
(hereinafter called the “City”) and ___________________________________________ (hereinafter
called the “Contractor”).
WHEREAS, the City of McHenry heretofore solicited bids for refuse collection and disposal services,
recyclable collection and landscape waste collection; and
WHEREAS, the City disseminated a Request for Proposals in connection therewith, which is attached
hereto and made a part of; and
WHEREAS, the City received and evaluated the bids received; and
WHEREAS, the City has elected to award this Contract to ___________________________________
WHEREAS, ______________________________________ is ready, willing and able to perform the
Contract;
NOW THEREFORE, it is hereby mutually understood and agreed between the City of McHenry and
______________________________________________ as follows:
1. _______________________________________ is hereby awarded the Contract for the
collection and disposal of solid waste, recyclables, and landscape waste from all residential
service units commencing to be determined
2. This Contract shall include the following documents, and this Contract does hereby expressly
incorporate same herein as if set forth verbatim in this Contract:
A. The Request for Proposals Document including all Addendums and Exhibits
B. The Contractor’s Proposal
C. The Performance Bond
D. This Instrument
E. Any addenda or changes to the foregoing documents agreed to by the parties
hereto.
3. All provisions of the Contract Documents shall be strictly complied with by the Contractor
and no amendment to this Contract shall be made except upon the written consent of the
parties, which consent shall not be unreasonably withheld. No amendment shall be
construed to release either party from any obligation of the Contract except as specifically
provided for in such amendment.
4. This Contract is entered into subject to the following conditions:
89
41
A. The Contractor shall procure and keep in full force and effect throughout the term
of this Contract all of the insurance policies specified in, and required by, the
Contract Documents.
B. Neither the Contractor nor the City shall be liable for the failure to perform their
duties if such failure is caused by catastrophe, riot, war, governmental order or
regulation, strike, fire, accident, act of God or other similar or different
contingency beyond the reasonable control of the Contractor.
C. In the event that any provision or portion thereof of any Contract Document shall
be found to be invalid or unenforceable, then such provision or portion thereof
shall be reformed in accordance with the applicable laws. The invalidity or
unenforceability of any provision or portion of any Contract Document shall not
affect the validity or enforceability of any other provision or portion of the
Contract Documents.
IN WITNESS WHEREOF, the parties have entered into this Contract this
______________ day of ______________________________, 2022.
CITY OF McHENRY, IL ATTEST:
By: By:
Title: Mayor Wayne S. Jett Title: City Clerk
CONTRACTOR ATTEST:
By: By:
Title: Title:
90
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ORDINANCE _____________________________
ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF MCHENRY AND
_____________________________________FOR THE COLLECTION AND DISPOSAL OF SOLID
WASTE, RECYCLABLES AND YARD WASTE
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage
of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in
the Constitution of the State of Illinois.
WHEREAS, the City of McHenry has determined that it is in the best interests of its citizenry
to enter into a Contract between the City and _______________________________for the collection
and disposal of solid waste, recyclables and landscape waste in the City, a copy of which agreement
is attached hereto.
BE IT ORDAINED by the Mayor and McHenry City Council as follows:
SECTION 1: The Mayor and City Clerk are hereby authorized to execute the Contract
Agreement between the City of McHenry, Illinois and a copy of which is attached hereto.
SECTION 2: All ordinances, or parts thereof, in conflict with the terms and provisions hereof,
be and the same are hereby repealed to the extent of such conflict.
SECTION 3: This ordinance shall be published in pamphlet form by and under the authority
of the corporate authorities of the City of McHenry, Illinois.
SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval
and publication, as provided by law.
Passed and approved this __________ day of __________________________, 2022.
Voting Aye: ____________________________
Voting Nay: ____________________________
Abstaining: ____________________________
Not Voting: ____________________________
Abstaining: ____________________________
_________________________________
Mayor Wayne S. Jett
Attest:
_______________________________
City Clerk
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AGREEMENT BETWEEN THE CITY OF MCHENRY AND CONTRACTOR FOR REFUSE COLLECTION AND
DISPOSAL SERVICE, RECYCLABLE COLLECTION AND LANDSCAPE WASTE COLLECTION
THIS CONTRACT, made and entered into this _____________ day of ____________________ 2022,
by and between the City of McHenry, a Municipal Corporation of McHenry County, Illinois
(hereinafter called the “City”) and ___________________________________________
(hereinafter called the “Contractor”).
WHEREAS, the City of McHenry heretofore solicited bids for refuse collection and disposal
services, recyclable collection and landscape waste collection; and
WHEREAS, the City disseminated a Request for Proposals in connection therewith, which is attached
hereto and made a part of; and
WHEREAS, the City received and evaluated the bids received; and
WHEREAS, the City has elected to award this Contract to ___________________________________
WHEREAS, ______________________________________ is ready, willing and able to perform
the Contract;
NOW THEREFORE, it is hereby mutually understood and agreed between the City of McHenry and
______________________________________________ as follows:
1._______________________________________ is hereby awarded the Contract for the
collection and disposal of solid waste, recyclables, and landscape waste from all residential
service units commencing to be determined
2.This Contract shall include the following documents, and this Contract does hereby expressly
incorporate same herein as if set forth verbatim in this Contract:
A.The Request for Proposals Document including all Addendums and Exhibits
B.The Contractor’s Proposal
C.The Performance Bond
D.This Instrument
E.Any addenda or changes to the foregoing documents agreed to by the parties
hereto.
3.All provisions of the Contract Documents shall be strictly complied with by the Contractor
and no amendment to this Contract shall be made except upon the written consent of the
parties, which consent shall not be unreasonably withheld. No amendment shall be
construed to release either party from any obligation of the Contract except as specifically
provided for in such amendment.
4.This Contract is entered into subject to the following conditions:
7th March ,
Flood Brothers Disposal Company
Flood Brothers Disposal Company
Flood Brothers Disposal Company
Flood Brothers Disposal Company
Flood Brothers Disposal Company
253
A.The Contractor shall procure and keep in full force and effect throughout the term
of this Contract all of the insurance policies specified in, and required by, the
Contract Documents.
B.Neither the Contractor nor the City shall be liable for the failure to perform their
duties if such failure is caused by catastrophe, riot, war, governmental order or
regulation, strike, fire, accident, act of God or other similar or different
contingency beyond the reasonable control of the Contractor.
C.In the event that any provision or portion thereof of any Contract Document shall
be found to be invalid or unenforceable, then such provision or portion thereof
shall be reformed in accordance with the applicable laws. The invalidity or
unenforceability of any provision or portion of any Contract Document shall not
affect the validity or enforceability of any other provision or portion of the
Contract Documents.
IN WITNESS WHEREOF, the parties have entered into this Contract this
______________ day of ______________________________, 2022.
ATTEST:
By:
Title: City Clerk
ATTEST:
By:
CITY OF McHENRY, IL
By:
Title: Mayor Wayne S. Jett
FLOOD BROTHERS DISPOSAL COMPANY
By:
Title: Title:
7th March
254
ORDINANCE _____________________________
ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF MCHENRY AND
_____________________________________FOR THE COLLECTION AND DISPOSAL OF SOLID
WASTE, RECYCLABLES AND YARD WASTE
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage
of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in
the Constitution of the State of Illinois.
WHEREAS, the City of McHenry has determined that it is in the best interests of its citizenry
to enter into a Contract between the City and _______________________________for the collection
and disposal of solid waste, recyclables and landscape waste in the City, a copy of which agreement
is attached hereto.
BE IT ORDAINED by the Mayor and McHenry City Council as follows:
SECTION 1: The Mayor and City Clerk are hereby authorized to execute the Contract
Agreement between the City of McHenry, Illinois and a copy of which is attached hereto.
SECTION 2: All ordinances, or parts thereof, in conflict with the terms and provisions hereof,
be and the same are hereby repealed to the extent of such conflict.
SECTION 3: This ordinance shall be published in pamphlet form by and under the authority
of the corporate authorities of the City of McHenry, Illinois.
SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval
and publication, as provided by law.
Passed and approved this __________ day of __________________________, 2022.
Voting Aye: ____________________________
Voting Nay: ____________________________
Abstaining: ____________________________
Not Voting: ____________________________
Abstaining: ____________________________
_________________________________
Mayor Wayne S. Jett
Attest:
_______________________________
City Clerk
Flood Brothers Disposal Company
Flood Brothers Disposal Company
7th March
255
Bill Hobson, Director of Parks and Recreation
McHenry Recreation Center
3636 Municipal Drive
McHenry, Illinois 60050
Phone: (815) 363-2160
Fax: (815) 363-3119
www.ci.mchenry.il.us/park_recreation
REGULAR AGENDA SUPPLEMENT
DATE: March 7, 2022
TO: Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE: Award of Price Quote for Riverwalk Phase 3A
Attachment: Riverwalk Phase 3A Plans
Original Price Quotes
Engineer’s Opinion of Probably Cost
Bruceski’s Marine Construction Revised Quote
Ordinance for the Budget Amendment
AGENDA ITEM SUMMARY:
At the October 18th City Council meeting, the Riverwalk Foundation Board President, John Smith
presented a plan to construct additional footage of the Riverwalk from Weber Park to the Pearl
Street Bridge. Subsequently much has been done, including final engineering, securing of
easement documents, preparing and issuance of construction plans and bid documents to three
pre-qualified firms and ultimately the receipt of quotes from those firms. Staff is requesting the
waiver of the formal bidding process and the acceptance of the low submitted quote from
Bruceski’s Marine Construction in the amount of $550,903.34. Staff is also requesting a budget
amendment from the TIF Fund in the amount of $600,000 to account for this expenditure as well
as connections to the new Riverwalk footage adjacent to Pearl Street and through Weber Park.
BACKGROUND:
The McHenry Riverwalk Foundation Board President John Smith personally continues to
spearhead the expansion of the Riverwalk project. He has worked closely with staff and local
business owners to formulate a construction plan and secure the necessary easements.
Construction documents were submitted to three local firms specializing in seawall and
boardwalk/pier construction that the city has partnered with on various projects in previous
years. These firms included Bruceski’s Marine, McHenry Piers & Shorewerks. Documents were
compiled as bid documents to ensure exact same materials and construction methods were
quoted. However, since the documents were not publicly advertised and only submitted to pre-
selected firms this will require waiver of the bid process.
256
One firm was unable to complete the project within the proposed contract period and opted not
to submit a bid. Two quotes that were received are listed below along with the Engineer’s
Opinion of Probable Cost:
x Bruceski’s $586,829.57
x McHenry Piers $606,558.00
x Shorewerks -No Quote-
x HR Green Estimate $487,824.00
Utilizing his years of experience Mr. Smith carefully reviewed the submitted quotes first verifying
the numbers provided. Once this was finalized, some value engineering was undertaken to
attempt to reduce the amount of the project without forgoing any of the integrity. The low quote
was able to be further reduced by $36,000 to $550,903.34.
The $550,000 does not account for two key connections on the North and South of the project
in Weber Park and along Pearl Street. For this reason, staff is asking for an additional $50,000 to
complete concrete work to tie into existing sidewalks.
ANALYSIS:
The ability to work with local qualified firms in which the city has previously partnered meant
that the formal bidding process would be required to be waived however the quotes were
treated as bids to maintain the integrity of the process. They were submitted sealed and open
and read in front of the contractors on February 14, 2022. Staff felt that in working with local
trusted contractors, this would ensure that quality and integrity of the project would be at the
forefront throughout construction and for years to come.
It is unfortunate that through the process a firm that felt they could not meet the timeline and
voluntarily withdrew. The two quotes were compared to the EOPC, which acted as a third quote.
The EOPC was formulated in December of 2021 with the completion of the Construction
Documents. It could not forecast the levels of inflation and the rise of the cost of materials, hence
the significant discrepancy. Staff is confident in the numbers as the two that were submitted
were extremely close for a project of this size.
In an effort to close the gap between the low quote and the EOPC, John Smith, staff and Ryan
Bruce further analyzed the plans for opportunities to reduce costs. By removing a full-length
angle iron opting for angle iron tabs instead, reducing the amount of concrete removal and
omitting gates on business piers, the quote was able to be reduced by nearly $36,000 to
$550,903.34.
There will be some additional concrete and landscape work that need to be completed by the
city to ensure the connections back to Pearl Street and through Weber Park are completed. This
work will account for the additional $50,000 request of the budget amendment.
257
In the last two years the TIF Fund has become viable with a $700,000 positive revenue balance.
This proposal for the use of the TIF as a funding source for the public improvements is an
acceptable expenditure of TIF Funds. This expenditure was discussed at the November 1, 2021
city council meeting in conjuncture with the finalization of the contract with HR Green to
complete the construction documents.
The most significant thing about this request is the fact that the city will be adding additional
linear footage to the Riverwalk along the Fox River frontage. This footage will lend itself to
attracting boaters off of the river and to the residents of McHenry and visitors to the downtown
area. The proposed Riverwalk section is directly adjacent to two businesses that has a goal to
pull those patrons off the river. The section was constructed with the goal of providing the least
impact to the properties while at the same time providing them the benefits of a Riverwalk out
their back door. The soft feel of the boardwalk and the warm attractive feel of the bistro style
lighting coupled with lighted bollards will be immediately noticeable from the river. The section
ties in with Weber Park in which additional public piers were constructed providing those spaces
for the boats to park and enjoy our Riverwalk and our Downtown.
If City Council concurs then a motion should be considered an ordinance authorizing a budget
amendment to the TIF Fund in the amount of $600,000 and to waive the formal bidding process
and accept the low quote from Bruceski’s Marine Construction in the amount of $550,903.34
for the construction of the Riverwalk from North of the Pearl Street Bridge to South Weber
Park.
258
L O C A T I O N M A PMcHENRY RIVERWALK PHASE 3ACONSTRUCTION PLANSMcHENRY, ILLINOIS20221391 CORPORATE DRIVE, SUITE 203 | McHENRY, IL 60050Phone: 815.385.1778 | Toll Free: 800.728.7805 | Fax: 713.965.0044 | HRGreen.comS H E E T I N D E XC O N T A C T SKnow what'sbelow.before you dig.CallRPROJECTLOCATIONSheet List Table259
”“”Know what'sbelow.before you dig.CallR260
Know what'sbelow.before you dig.CallRa.b.a.1.261
RESIDENCEAFTER THE FOXGRINDERS ALE HOUSEWHALE'S WASHWEBER PARK8"
32"
6"8"6"
12"262
RESIDENCEAFTER THE FOXGRINDERS ALE HOUSEWHALE'S WASHWEBER PARK8"
32"
6"8"6"
12"263
Know what'sbelow.before you dig.CallR264
⅊Know what'sbelow.before you dig.CallR265
⅊Know what'sbelow.before you dig.CallR266
≥ 11223344AABBCCDDSHEET 1 OF 1 DWG NOSIZESCALEREVTYPICAL RECTANGULAR INLET FILTERCOMBINATION INLETFILTER FOR CURB HOODSTYPICAL ROUND INLET FILTERSTAINLESS STEEL ROUND INLET FILTERS forNYLOPLAST CASTINGSCATCH-ITS SPECIFIED W/ FX or FX-S BAGSWALL MOUNT INLET FILTERS FOROPEN THROAT GUTTERSSTAKES PER BALE(2) 2"x2"x4'ANCHOR BALES WITHBALES TO BUTT10' MIN.VARIESPOLYETHYLENESHEETINGBINDING WIRESTRAW BALE (TYPICAL)WOOD STAKE (TYPICAL)10 MIL 30"±6" MIN DEPTH AGGREGATE6" MIN IMBEDMENT(TYPICAL)EXISTING GRADE18"±12" MAXAGGREGATETRUCKSALL CONCRETEWASHOUT HERESHALL18"12"BLACK LETTERSON WHITEBACKGROUNDGALVANIZED "U" 7'-0" TO BOTTOM OF SIGN3'-0" MINSOILEMBEDMENTFINISH GRADESIGN SHALL BE PLACEDIN A PROMINENT LOCATIONAT WASHOUT AREACHANNEL POSTTYPICAL SECTIONPLANWASHOUT SIGNALL AROUND12" MINPOLYETHYLENESHEETING10 MILNOTES:1. CONTAINMENT MUST BE STRUCTURALLY SOUND AND LEAK FREE AND CONTAIN ALL LIQUID WASTES.2. CONTAINMENT DEVICES MUST BE OF SUFFICIENT QUANTITY OR VOLUME TO COMPLETELY CONTAIN THE LIQUID WASTES GENERATED.3. WASHOUT MUST BE CLEANED OR NEW FACILITIES CONSTRUCTED AND READY TO USE ONCE WASHOUT IS 75% FULL.4. WASHOUT AREA(S) SHALL BE INSTALLED IN A LOCATION EASILY ACCESSIBLE BY CONCRETE TRUCKS.5. ONE OR MORE AREAS MAY BE INSTALLED ON THE CONSTRUCTION SITE AND MAY BE RELOCATED AS CONSTRUCTION PROGRESSES.6. AT LEAST WEEKLY REMOVE ACCUMULATION OF SAND AND AGGREGATE AND DISPOSE OF PROPERLY.SEASONAL HIGH GROUNDWATERTABLE267
268
RESIDENCEAFTER THE FOXGRINDERS ALE HOUSEWHALE'S WASHWEBER PARK8"
32"
6"8"6"
12"269
100A2P20A1P15A1P20A2PHOACPEPOLE / BOLLARDLIGHTSSTRING LIGHTS30A, 4 POLE CONTACTORTO UTILITYJWK-HRG1050METERED PEDESTAL1. PROVIDE DIRECT-BURY METERED PEDESTAL, SERVICEENTRANCE RATED FOR MINIMUM 100A, 120/240 VOLTS,SINGLE-PHASE, 3-WIRE SERVICE, 22,000 AIC.MANUFACTURER: MILBANK U5701-O-100S, OR EQUAL, ANDSHALL CONFORM TO LOCAL ELECTRIC UTILITYREQUIREMENTS.2. PROVIDE WITH LOAD CENTER WITH 100A, 2-POLE, MAINCIRCUIT BREAKER AND MINIMUM FOUR(4) BRANCH CIRCUITBREAKER SPACES.3. PROVIDE ONE(1) 20A, 2-POLE BRANCH CIRCUIT BREAKER TOSERVE POLE/BOLLARD LIGHTS.4. PROVIDE ONE(1) 20A 1-POLE BRANCH CIRCUIT BREAKER TOSERVE STRING LIGHTS RECEPTACLE.5. PROVIDE ONE(1) 15A 1-POLE BRANCH CIRCUIT BREAKER FORCONTROL POWER.6. PROVIDE/INSTALL THE FOLLOWING IN THE BOTTOM SPACEOF THE PEDESTAL HEAD CABINET:ONE(1) 30A, 4-POLE CONTACTOR WITH 120V COIL.ONE MINIARUE HAND-OFF-AUTO CONTROL SWITCH.ONE(1) CONDUIT-MOUNT PHOTOELECTRIC CELL. LOCATE ONSIDE OF CABINET.-F1-F2METERED PEDISTAL ONE-LINE DIAGRAM270
GRINDERS ALE HOUSEJWK-HRG1050ROCK831SQUARE FEETSYMBOLDESCRIPTIONQUANTITYUNITSSPACING PER PLANTING PLAN12" MINNOTES:1. PRUNE ONLY DEAD OR BROKEN BRANCHES AND WEAK OR NARROW CROTCHES.2. KEEP PLANTS MOIST AND SHADED UNTIL PLANTING.3. DO NOT FERTILIZE FOR AT LEAST ONE GROWING SEASON.4. AMENDED BACKFILL SHALL BE 13 COMPOST (PREFERABLY CLASSIFIED) AND 23 NATIVE AND/ORIMPORTED TOPSOIL.5. ALL SHRUBS IN ROCK AREAS TO RECIEVE SHREDDED MULCH RINGS.6. DEEP WATER ALL PLANTS AT TIME OF PLANTING.REMOVE ALL PACKAGING MATERIAL. FOR POT BOUND PLANTSONLY: MAKE 4-5 VERTICAL CUTS IN ROOTBALL 1" DEEP. PLANTIMMEDIATELY.FOR ROOT BIND AT BOTTOM OF BALL: SPLIT ROOTBALLVERTICALLY FROM BOTTOM HALFWAY TO TOP. SPREAD THE TWOHALVES OVER A MOUND OF SOIL IN THE PLANTING HOLE.SET SHRUBS VERTICAL. SHRUBS SPACING AS PER PLANS. LAYOUTVARIES. FINISHED GRADE OF SHRUB BED TO BE 2" BELOWADJACENT GINISHED GRADE AT EDGE TO HOLD MULCH.3-4" DEPTH OF SPECIFIED MULCH. PROVIDE A 6" PLANTING RIM FORSHRUBS NOT IN PLANTING BED. PROVIDE SAUCER ON DOWNHILLSIDE ON SLOPES. NO PLANTING RIM FOR SHRUBS IN PLANTINGBED. KEEP MULCH AWAY FOM CONTACT WITH WOODY TRUNK.PROPOSED GRADESCARIFY SIDE OF PLANTING PIT. BACKFILL WITH AMENDED SOILMIX. ROOTBALL SHALL REST ON FIRM, UNDISTURBED SOIL.NOTES:1. PRUNE ONLY DEAD OR BROKEN BRANCHES AND WEAK OR NARROW CROTCHES.2. KEEP PLANTS MOIST AND SHADED UNTIL PLANTING.3. DO NOT FERTILIZE FOR AT LEAST ONE GROWING SEASON.4. AMENDED BACKFILL SHALL BE 13 COMPOST (PREFERABLY CLASSIFIED) AND 23 NATIVE AND/ORIMPORTED TOPSOIL.5. ALL SHRUBS IN ROCK AREAS TO RECIEVE SHREDDED MULCH RINGS.6. DEEP WATER ALL PLANTS AT TIME OF PLANTING.REMOVE ALL PACKAGING MATERIAL. FOR POT BOUND PLANTSONLY: MAKE 4-5 VERTICAL CUTS IN ROOTBALL 1" DEEP. PLANTIMMEDIATELY.FOR ROOT BIND AT BOTTOM OF BALL: SPLIT ROOTBALLVERTICALLY FROM BOTTOM HALFWAY TO TOP. SPREAD THE TWOHALVES OVER A MOUND OF SOIL IN THE PLANTING HOLE.SET SHRUBS VERTICAL. SHRUBS SPACING AS PER PLANS. LAYOUTVARIES. FINISHED GRADE OF SHRUB BED TO BE 2" BELOWADJACENT GINISHED GRADE AT EDGE TO HOLD MULCH.3-4" DEPTH OF SPECIFIED MULCH. PROVIDE A 6" PLANTING RIM FORSHRUBS NOT IN PLANTING BED. PROVIDE SAUCER ON DOWNHILLSIDE ON SLOPES. NO PLANTING RIM FOR SHRUBS IN PLANTINGBED. KEEP MULCH AWAY FOM CONTACT WITH WOODY TRUNK.SCARIFY SIDE OF PLANTING PIT. BACKFILL WITH AMENDED SOILMIX. ROOTBALL SHALL REST ON FIRM, UNDISTURBED SOIL.PROPOSED GRADEEQUAL SPACING BETWEEN ALL PLANTSEDGE OF PLANTING BEDTYPICAL STAGGERED ROWS*WHEN PLANTING MASSES OF SHRUBS,GROUNDCOVER, PERENNIALS, ANDANNUALS, THIS DIAGRAM SHALL BEFOLLOWED.6" MIN.SPACING PER PLANTING PLANNOTES:1. KEEP PLANTS MOIST AND SHADED UNTIL PLANTING.2. PLANTING GROUND COVERS AND PERENNIALS LEVEL AND AT GRADE.3. PRUNE ALL DEAD OR BROKEN PARTS PRIOR TO PLANTING.4. AMENDED BACKFILL SHALL BE 13 COMPOST (PREFERABLY CLASSIFIED) AND 23 NATIVE AND/ORIMPORTED TOPSOIL.5. ALL PERENNIALS PLANTED IN ROCK MULCH AREAS TO HAVE ORGANIC MULCH RINGS AROUND THEBASE OF THE PLANT.PERENNIALS - SIZE AS SPECIFIED IN PLANS. PLANT ATORIGINAL NURSERY DEPTH. PROVIDE DRIP EMITTERS ASSPECIFIED IN IRRIGATION PLANS.3" DEPTH ORGANIC MULCH. WEED BARRIER FABRIC ISNOT RECOMMENDED IN MOST PERENNIAL BEDS.SOIL TO BE WELL CULTIVATED TO A MINIMUM DEPTH OF6". ADD SOIL AMENDMENTS AS SPECIFIED BASED ONSOIL ANALYSIS.UNDISTURBED SOILLANDSCAPING PLANBY CITY271
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McHenry Riverwalk Phase 3A
Engineer’s Opinion of Probable Costs
Date: February 7, 2022
Calc’d By: CJP
Checked by: SGM
Bid items Unit Qty Unit Price Total Cost
CONCRETE PAVEMENT REMOVAL/REPLACEMENT SF 330 $55.00 $18,150.00
CONCRETE RIBBON LF 72 $42.00 $3,024.00
PAVER AND AGGREGATE WALKWAY REMOVE
AND REPLACE LS 1 $5,000.00 $5,000.00
MODIFY DOCK CONNECTION TO MEET NEW
BOARDWALK EACH 5 $2,250.00 $11,250.00
COMPOSITE BOARDWALK & STRUCTURE LF 224 $650.00 $145,600.00
SEAWALL LF 165 $300.00 $49,500.00
STEEL RAILING/FENCE LF 218 $600.00 $130,800.00
2.5 – FOOT STEEL GATE – PIER ACCESS EACH 2 $3,000.00 $6,000.00
4 – FOOT STEEL GATE – PIER ACCESS EACH 5 $4,500.00 $22,500.00
4 – FOOT STEEL GATE – PROPERTY ACCESS EACH 4 $4,500.00 $18,000.00
EXIST. SIDEYARD FENCE RECONNECTION –
GRINDERS LS 1 $3,000.00 $3000.00
EXIST. SIDEYARD FENCE RECONNECTION –
WHALE WASH LS 1 $1,500.00 $1,500.00
EXIST. SIDEYARD FENCE RECONNECTION –
AFTER THE FOX LS 1 $1,500.00 $1,500.00
PEDESTRIAN LIGHTS (F1) EACH 2 $6,500.00 $13,000.00
BOLLARD LIGHTS (F2) EACH 6 $2,500.00 $15,000.00
STRING LIGHT POLES (F3) EACH 8 $2,500.00 $20,000.00
CONDUIT AND WIRE L.S. 1 $18,000.00 $18,000.00
LIGHTING CONTROLLER EACH 1 $6,000.00 $6,000.00
TOTAL $487,824.00
In providing opinions of probable construction costs, the Client understands that the Design professional
has no control over costs or the price of labor, equipment or materials, or over the Contractor ’s method of
pricing, and that the opinions of probable construction costs provided herein are to be made on the basis
of the Design Professional’s qualifications and experience. The Design Professional makes no warranty,
expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs.
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275
ORDINANCE NO. 22-
AN ORDINANCE AMENDING THE FY2021/2022 BUDGET FOR THE
FISCAL YEAR ENDING APRIL 30, 2022
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 FY21/22 Annual Budget for the Fiscal Year Ending April 30, 2022 by a
motion at the Regular City Council Meeting held on April 19, 2021; 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 7th day of March, 2022.
Ayes Nays Absent Abstain
Alderman Devine ____ _____ _____ _____
Alderman Glab ____ _____ _____ _____
Alderman Harding ____ _____ _____ _____
Alderman McClatchey ____ _____ _____ _____
Alderwoman Miller ____ _____ _____ _____
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Alderman Santi ____ _____ _____ _____
Alderman Strach ____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
EXHIBIT A
The following budget items are amended by this Ordinance:
FY21/22 Budget Amendment – TIF - $600,000
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Bill Hobson, Director of Parks and Recreation
McHenry Recreation Center
3636 Municipal Drive
McHenry, Illinois 60050
Phone: (815) 363-2160
Fax: (815) 363-3119
www.ci.mchenry.il.us/park_recreation
AGENDA SUPPLEMENT
DATE: March 7, 2022
TO: Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE: Construction Design of Miller Point Park/Riverwalk Shoppes Site
Attachment: Hitchcock Design Proposal
Miller Point Park Proposed Layout
AGENDA ITEM SUMMARY:
The City of McHenry has partnered with District 156, the McHenry Area Chamber of Commerce
and a number of other entities on a Tiny Shops initiative. The identified site for the project, now
tabbed as the Riverwalk Shoppes, is the southern end of Riverside Drive on what is Miller Point
parkland. In order to accommodate a desired 2023 opening of the shops, significant work needs
to occur within the site in its entirety. A design proposal from Hitchcock Design is attached and
would complete those plans in the amount of $72,500.
BACKGROUND:
The McHenry Riverwalk Shoppes is essentially an economic development incubator providing
opportunities for start up businesses to have a sales space while developing their product. The
hope is that the concept will lead to the operators shifting their businesses to brick and mortar
shops in the downtown areas. The concept has been a successful one in a number of other
communities, Batavia being the most notable.
Several locations throughout the Green Street and Riverside Drive areas were analyzed and
vetted before arriving on the southern terminus of Riverside Drive in Miller Point Park. It is vital
to the success of the project and to downtown McHenry that the design addresses all the
amenities and the overall flow of the park and the event space that it has become.
An initial concept of the design was completed and distributed to city council in January. The
concept includes the McHenry Riverwalk Shoppes site and an adjacent artificial grass area for
open space. A redesigned park entry way and flow between Riverside Drive and Venice Ave.
There are adjustments to the parking lots to accommodate the additional greenspace. The
current smaller gazebo would be moved adjacent to the artificial turf and a new amphitheater
would be proposed over the bluestone circle. A water feature is at the center of the park and a
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permanent bathroom structure would be at the entrance of the park. This initial design was
completed by Hitchcock Design Group.
In order for the project to stay on tract Construction Design and Engineering needs to begin this
Spring. The design process would likely carry to early fall with construction commencing
immediately after design. Construction would ideal be complete in the Spring of 2023 and ready
for the McHenry Riverwalk Shoppes building construction as well as the Summer event season.
Design Fees for the Park would be taken from the Parks Developer Donation Budget. This is not
a planned expenditure for 2021/22.
ANALYSIS:
Miller Point Park has become an event and gathering hub for downtown McHenry. It is the heart
of the Riverwalk and the most visible public space in McHenry on the Fox River. The Park has
become a destination with the addition of the retro boat rentals along with the kayaks, stand-up
paddleboards and the pedal paddle boats. Events such as Light the Night, the Fall Festival,
Lighting of the Fire Globes and the Riverwalk Foundation Music Sundays have only further
cemented this park as a hub. With the addition of these events, it has become apparent that the
flow of the park is not optimally utilized. The addition of the McHenry Riverwalk Shoppes has
provided the perfect opportunity to create a centerpiece that is ideally laid out to be a four-
season attraction, draw boat traffic off the river and prove to be a gathering point for our
community. The pairing of the shops and the park accentuates the economic endeavor of the
shops, creating the best possible scenario for success for the tenants of the shops and for the
City of McHenry.
The design is vital as is the timing. The elements must all work congruently with each other,
while dealing with some topography issues as well as buildings and amenities that will require
water and electric service. Design and Civil engineering will need to be completed are included
in the proposal. What is not included is any architectural design of the washroom structure or
amphitheater. The design of the water feature is also not included. These elements will be dealt
with as we are ready for that phase or portion of construction.
As mentioned, timing is just as important. Many aspects of the project are occurring
concurrently, from design to the multitude of issues with the operation of the shops. Design of
the shops themselves are underway and construction of the shops will begin to occur this fall in
the high school trades classes. The site needs to be ready to accommodate the shops next Spring.
There is a significant amount of design that must occur before construction of the site can even
be entertained. No matter where any other elements of the project are at, nothing can proceed
without a site that is at least partially completed.
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The actual construction of the park and tiny shops will be the benefactor of this year’s R.I.S.E. Up
Concert, but the design of the park does fall on the shoulders of the city. As this is a park, staff is
recommending the use of Parks Developer Donations. TIF Funds could also be utilized for the
design or for the public improvements however th e construction of Phase 3A of the Riverwalk
will deplete much of those funds until it is replenished later this year.
If City Council concurs then a motion should be considered an ordinance authorizing a budget
amendment to the Parks Developer Fund in the amount of $72,500 and to execute the final
design and engineering proposal from Hitchcock Design Group for the development of Miller
Point Park.
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February 9, 2022
Bill Hobson
Director of Parks and Recreation
City of McHenry
3636 Municipal Drive
McHenry, Illinois 6050
RE: McHenry Riverwalk – Miller Point Final Design and Engineering
Dear Bill,
Thank you for asking Hitchcock Design Group to submit this proposal to provide Final Design
and Engineering services for the Miller Point improvements. We appreciate the opportunity to
contribute to the success of this important riverfront project and advance our relationship with
you and your colleagues at the City of McHenry.
PROJECT UNDERSTANDING
We understand that the city has approved the concept plan that we worked with your team to
develop and would now like to move forward with implementation of the improvements.
Generally, the improvements include The McHenry Riverwalk Shoppes, artificial turf activity
space, splash pad, pavilion structure, prefabricated restroom structure, and site circulation
walkways. The work will also incorporate a vehicular drop-off and additional municipal parking
lot improvements and will be coordinated with the city’s Riverside Drive streetscape project.
The city intends to complete bid and construction documents in the first half of 2022 and begin
construction on the Riverwalk Shoppes and restroom structure at a minimum as a first phase
project in fall of 2022, to be completed in spring of 2023. Construction phasing of other
improvements will be determined based on budget as the project advances.
SCOPE OF SERVICES
We propose to complete Final Design and Engineering services as outlined in the attached
Scope of Services and as summarized below.
Based on the approved concept plan, we will work with your team to finalize the selection of the
products, materials, and design of the proposed improvements. We will prepare Design
Development and Construction Documents, suitable for permitting, bidding, and construction.
Our understanding is that city representatives will coordinate with others on the following items:
x McHenry Riverwalk Shoppes – design and documentation of the construction of the
shoppes buildings, internal utilities, and accessory items by others. Our team will document
the layout and grading of the building locations and bring utility services to the building
locations as required.
x Restroom Building – city representatives will contract separately with an architect for the
restroom building. Our team will document the layout and grading of the building location
and bring utility services to the building as required.
x Prefabricated Pavilion and Shade Structure – city representatives will coordinate with a
prefabricated structure manufacturer to select and document the pavilion for construction.
Manufacturer will provide complete plans including all accessories. Our team will assist with
selection of custom design components and document the layout and grading of the
pavilion location as required.
x Splash Pad – city representatives will select products from manufacturer’s standard
equipment options and manufacturer will provide complete splash pad mechanical and
construction documents. The splash pad may be a bid alternate or future construction item,
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depending on overall project budget. Our team will document the layout and bring utility
services to the splash pad location as required.
PROFESSIONAL FEES
We will provide the proposed services for the following professional fees:
Final Design Phase Services
Pre-Design $5,500 Fixed fee
Design Development $27,500 Fixed fee
Construction Documents $39,500 Fixed fee
Total Professional Services:$72,500 Fixed fee
Customary out-of-pocket expenses such as printing, delivery, and mileage will be invoiced in
addition to the fixed fee, not-to-exceed $500.
We can provide Bidding and Construction Phase Services upon request at our standard hourly
rates. An outline of services that we can provide is included in the attached Scope of Services.
PROJECT TEAM
I will be our project manager and will be directly responsible for routine project communications
with you and the rest of the project team. Mike Wood will be our project designer and will be
supported by other members of our Naperville studio as needed to advance the work in a timely
manner.
HR Green will join our team to provide civil and electrical engineering services and will assist
with required permitting.
AUTHORIZATION AND SCHEDULE
We can begin this work within two weeks of your authorization and anticipate completing the
work within approximately 90 days.
Thank you again for the opportunity to work with the City of McHenry. If you have any questions
or wish to discuss this proposal further, please do not hesitate to call.
Sincerely,
Hitchcock Design Group
Tim King, PLA, ASLA
Principal
Encl: Scope of Services
Approved Concept Plan
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Scope of Services
FINAL DESIGN SERVICES
A. Pre-Design
Objective:Confirm the project goal, objectives, resources, stakeholder interests and best
practices that will be the basis for design.
Process:Specifically, the HDG team will:
1. (teleconference) Conduct a kick-off meeting with city representatives and the other
project team members confirming:
a. Geographic limits
b. Existing conditions
c. Best practices
d. Budget
e. Consultant responsibilities
f. Owner responsibilities
g. Decision making protocol
h. Schedule
i. Invoicing and payment
j. Other administrative considerations
2. Collect and review existing data for the project area and the immediate surroundings
including:
a. Aerial photography
b. GIS information
c. Boundaries, property ownership and easements
d. Topographic surveys
e. Geo-technical reports
f. Pending improvement plans
g. Utility atlases
h. Power and communication utilities
3. For each applicable jurisdictional agency (city, county, state) identify:
a. jurisdictional boundaries and requirements
b. zoning code, design, and development requirements
c. submittal, approval, permitting, and construction procedures
4. Utilizing the existing data for the project area, prepare Supplemental Topographic
Survey Information, establishing horizontal and vertical control and locating natural
features and manmade improvements including:
a. Property lines, rights-of-way, easements and property ownership
b. Benchmarks visible from project area (FEMA and city datum)
c. Contours at one-foot intervals
d. Structures
e. Curbs, walks, roadways, drives, lights, walls and fencing
f. Underground water, storm and sanitary utilities including size, type, structures,
grates and inverts
g. Above and below ground power and communication utilities
h. Existing trees
i. Other existing site components
5. Using the inventoried data and supplemental boundary and topographic surveys,
prepare Base Maps at appropriate scales.
Deliverables:Updated Topographic Survey; Base Maps
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B. Design Development
Objective:Reach consensus with the city on the final design, probable cost and
implementation strategy for the proposed improvements. Obtain construction permits from the
appropriate jurisdictional agencies.
Process:Specifically, based on the approved Concept Plan, the HDG team will:
1. Prepare Design Development Drawings illustrating the final size, horizontal and
vertical geometry, structure, materials, finishes, and supporting calculations, as
appropriate, for the proposed improvements including:
a. Grading and drainage
b. Walks and other pedestrian surfaces
c. Drop-off, and decorative crosswalks (expanded parking lot by others)
d. Structures and retaining walls
e. Landscape
f. Boulder and outcropping river edge treatment
g. Automatic irrigation system
h. Benches, trash containers, planters, bike racks and other site furnishings
i. Riverwalk Shoppes (building architecture, internal utilities, and accessories by
others)
j. Riverwalk shoppes focal features (gateway, fireplace, artistic feature)
k. Artificial turf activity lawn
l. Restroom building (city to contract with architect separately to design and
document building including all internal mechanical, electrical and plumbing
components)
m. Dumpster enclosure
n. Relocate existing park gazebo
o. Stage pavilion and shade structure (prefabricated structures as selected and
purchased by city and documented by manufacturer including all accessory
components) – we will assist with selection of custom design components
p. Alternate splash pad (drain to waste system as selected by city and documented
by manufacturer including all internal mechanical, electrical, and plumbing
components)
q. Water service (restroom, splash pad, irrigation system)
r. Sanitary sewer service (restroom)
s. Storm sewer service (splash pad, site drainage)
t. Site and catenary lighting (including power and control requirements)
u. Electrical service (restroom, Riverwalk Shoppes, pavilion, splash pad, irrigation
system, site and catenary lighting)
2. Collect and review Product Data and Material Samples.Prepare Outline
Specifications, including the products, materials and finishes of each component or
system.
3. Prepare a summary of quantities and Construction Cost Opinion.
4. (Mtg #1) Review the Design Development documents with city representatives (60%
review).
5. Refine the Design Development documents as may be required.
6. Prepare and submit Permit Documents including the applications, drawings and
supporting calculations that are required to secure the following construction permits
anticipated for the proposed improvements.
a.LONO,ACOE/IDNR, IEPA and McHenry SW permits and exhibits based on
grading and cuts and fills in floodway/floodplain and comp storage
b. City of McHenry building department
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7. Make minor revisions to the Permit Documents, as may be required, to facilitate
jurisdictional approvals and permit(s).
Deliverables:Design Development Documents;Product Data and Material Samples;
Outline Specifications; Construction Cost Opinion;Permit Documents
C. Construction Documents
Objective:Produce the final Construction Drawings and Project Specifications that will be used
to bid and construct the proposed improvements.
Process:Specifically, following approval of the Design Development documents, the HDG
team will:
1. Prepare and submit the Construction Drawings including:
a. Project identification and general information
b. Notes, index and standards
c. Summary of permits and contractor permit requirements
d. Summary of estimated quantities
e. Alignment, ties, and benchmarks
f. Site preparation and maintenance of traffic
g. Erosion and sedimentation control
h. Existing conditions and removals
i. Grading and storm sewer
j. Geometric layout and materials
k. Planting
l. Irrigation (performance plans and specifications)
m. Dumpster enclosure
n. Relocate existing park gazebo
o. Construction details
p. Electrical and lighting
q. Utilities (water, sanitary)
r. Alternate splash pad (complete mechanical, electrical, and plumbing plans
provided by manufacturer)
s. Reference restroom building by others (complete architecture, mechanical,
electrical, and plumbing plans provided to city by architect and bid separately)
t. Reference stage pavilion and shade structure (complete plans provided to city by
manufacturer and bid separately)
2. Prepare and submit the written Project Specifications including:
a. Introductory information
b. Bidding requirements
c. Contracting requirements
d. General requirements
e. Technical specifications
3. Update and submit the Construction Cost Opinion.
4. (Mtg #2) Review the Construction Documents with city representatives (90% review).
5. Finalize the Construction Documents as required.
6. (Mtg #3) Review the final Construction Documents with city representatives (100%
review).
7. Make minor revisions, stamp and submit, as required.
Deliverables:Construction Drawings;Project Specifications;Construction Cost Opinion;
Schedule
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BIDDING AND CONSTRUCTION SERVICES
We can provide the following services upon request to be invoiced as Additional Services at our
standard hourly rates.
A. Bidding and Negotiation
Objective:Help select and engage a qualified Contractor to construct the improvements.
Process:Following approval of the Construction Documents, HDG will:
1. Prepare and submit Bid Documents including:
a. Advertisement and Invitation to Bid
b. Project Manual including Instructions to Bidders and Bid forms and sample
Contract
c. Construction Drawings
2. Prepare a Contractor Invitation List identifying reputable contractors for
consideration.
3. Help the city advertise and coordinate the bid letting.
4. Conduct a pre-bid meeting for interested bidders and issue a written Pre-bid Meeting
Summary to all participants.
5. Issue written Bid Addenda, when appropriate, to all bidders regarding changes to or
clarifications of the Construction Documents or Bid Documents.
6. Review the bids, tabulate the results and issue a Bid Tabulation and Award
Recommendation.
Deliverables:Bid Documents; Contractor Invitation List; Pre-bid Meeting Summary; Bid
Addenda; Bid Tabulation and Award Recommendation
B. Construction Administration
Objective:Until final acceptance of completed Work, or until 60 days after the Certificate of
Substantial Completion is issued, whichever occurs first, help staff interpret and administer the
Contract Documents with the Contractor.
Process:Specifically, following the execution of the Owner/Contractor Agreement, HDG will:
1. Participate in a pre-construction meeting with city representatives and the Contractor to
review:
a. Contractor mobilization and logistics
b. Temporary measures
c. Contractor schedules
d. Contractor submittals
e. Owner, HDG and Contractor responsibilities
f. Communications protocol
g. Testing, Submittal, Requests for Information, and Change Order processes
h. Payment procedures
i. Contract Close-out procedures
2. Visit local nurseries with the Contractor to select certain, specified plant materials.
3. Observe the Work (XX visits), at intervals appropriate to the stage of construction, to
become familiarized with the progress and quality of the Contractor’s Work and to
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determine if the Work is proceeding in general conformance with the Contract
Documents.
4. Coincidental with periodic observations, participate in progress meetings at the site
with staff and the Contractor to review:
a. Progress of the Work
b. Contractor schedules
c. Contractor submittals, requests and proposals
d. Other observations and clarifications
5. Review and issue Submittal Review Memoranda and maintain a Submittal Review
Log for shop drawings, product data, material samples and tests which the Contractor
is required to submit, but only for the limited purpose of determining their general
conformance with the design concept expressed in the Contract Documents. HDG is
entitled to rely on the adequacy of the information provided by other design
professionals engaged by the Contractor or independently engaged by the Owner to
prepare such submittals. HDG’s review does not include:
a. The accuracy or thoroughness of details such as quantities, dimensions, weights or
gauges
b. The appropriateness of fabrication or installation processes
c. Coordination of the Work, with other trades
d. Safety precautions
6. Maintain a Request for Information Log of Contractor requests for information about
the Contract Documents, and with reasonable promptness, prepare Supplemental
Instructions that interpret, clarify or modify the Contract Documents including
supplemental:
a. Information
b. Drawings
c. Specifications
7. Review Contractor Change Order requests with reasonable promptness, issue
Requests for Proposal, and prepare, process, and maintain a Change Order Log for
Owner approved Change Orders for changes to the Work including minor changes to
the Work that do not impact the Contract Time or Contract Sum or other changes that
may impact the Contract Time or Contract Sum including:
a. Owner initiated changes to the scope of work
b. Additional work required as a result of the discovery of unknown or concealed site
conditions at the time the Owner/Contractor Agreement was executed
c. Supplemental Instructions
8. Based on periodic observations of the Work, review the Contractor’s periodic
Application for Payment and prepare a Certificate for Payment indicating that to the
best of HDG’s knowledge and belief the Contractor has completed the Work
represented in the application subject to:
a. subsequent review of the Work in conformance with the Contract Documents
b. the results of subsequent tests and observations
c. the correction of minor deviations from the Contract Documents prior to completion
Deliverables:Submittal Review Memoranda; Submittal Review Log; Request for
Information Log; Supplemental Instructions; Requests for Proposal; Change Order Log;
Change Orders; Certificates for Payment
287
February 9, 2022
McHenry Riverwalk Miller Point
Page 6
C. Contract Close-out
Objective:Help the Owner close out the Owner/Contractor Agreement with the Contractor.
Process:Specifically, after the Contractor notifies the Owner that the Work is substantially
complete, HDG will:
1. Review and process the Contractor’s request for acceptance of substantially completed
Work including:
a. Observation of the Work to determine the date of Substantial Completion
b. If acceptable, issuance of a Certificate of Substantial Completion
c. Review the Contractor’s list of remaining Work
d. If necessary, preparation of a Punch List of deficient or incomplete Work
2. Confirm and submit to staff the balance of the Contract Sum, including amounts
retained for final completion and/or correction of any deficient Work.
3. Review and submit to Owner the required submittals to be provided by the Contractor,
such as, but not limited to:
a. Operating and maintenance manuals
b. As-built record drawings
c. Labor and material lien waivers
d. Release of surety, if any
e. Contractor’s final Application for Payment
4. Review and process the Contractor’s final Application for Payment and acceptance of
completed work including:
a. Observation of the Work with staff to determine conformance with the Contract
Documents and completion of the Punch List
b. Issuance of the final Certificate for Payment
Deliverables: Certificate of Substantial Completion; Punch List; Certificate for Payment
GENERAL PROJECT ADMINISTRATION
In addition to the services outlined above, HDG will administer the performance of its own work
throughout the term of the contract by providing the following services:
A. Communications
1. Schedule, create agendas and summarize the highlights of periodic meetings
2. Rehearse, attend and present at public forums identified
3. Collect and disseminate communications from other parties
4. Periodically inform your representative about our progress
B. Schedules
1. Create, periodically update and distribute the project schedule
2. Coordinate the activities of our staff and our consultants
C. Staffing
1. Select and assign staff members and consultants to appropriate tasks and services
2. Prepare and administer consultant agreements
D. File Maintenance
1. Establish and maintain appropriate correspondence, financial, drawing and data files
2. Obtain appropriate insurance certificates from consultants
3. Maintain appropriate time and expense records
288
February 9, 2022
McHenry Riverwalk Miller Point
Page 7
OPTIONAL, ADDITIONAL SERVICES
Services or meetings not specified in this scope of services will be considered Additional
Services. If circumstances arise during HDG’s performance of the outlined services that
require additional services, HDG will promptly notify Client about the nature, extent and
probable additional cost of the Additional Services, and perform only such Additional Services
following Client’s written authorization.
289
McHenry, IllinoisMiller Point at McHenry Riverwalk DistrictExisting ConditionsISSUE DATE: JANUARY 12, 2022 All drawings are preliminary and subject to change.© 2022 Hitchcock Design GroupNORTHSCALE: 1”=30’15’ 30’0’ 60’PREPARED FOR: City of McHenry290
McHenry, IllinoisMiller Point at McHenry Riverwalk DistrictPreferred Site LayoutISSUE DATE: JANUARY 12, 2022 All drawings are preliminary and subject to change.© 2022 Hitchcock Design GroupNORTHSCALE: 1”=30’15’ 30’0’ 60’PREPARED FOR: City of McHenry8109112021222326293225283131242730171121314334651819215167VENICE AVENUEPARK STREETRIVERSIDE DRIVEBOONE CREEK FOX RIVER
LEGEND92510261127122813291430153132117218319420521622824723Parking lot expansion5HFRQ¿JXUHGSDUNLQJWHQWDUHD'URSRႇ6SODVKSDGDecorative crosswalk([LVWLQJERDWUHQWDODQGFRQFHVVLRQVGateway([LVWLQJVDQGEHDFKFireplace$GGLWLRQDOODQGVFDSHMcHenry Riverwalk Shoppes (10)2XWFURSSLQJHGJHWUHDWPHQWDecorative paving([LVWLQJ¿UHJOREHV$UWLVWLFIHDWXUHExisting riverwalk6KDGHVWUXFWXUHEvent lawn5HORFDWHGJD]HERFence5HVWURRPV$GGLWLRQDOGRFN&RQFUHWHVLGHZDONPavilion'XPSVWHUHQFORVXUHSeat walls([LVWLQJGRFN$UWL¿FLDOWXUIDFWLYLW\ODZQDQGcatenary lighting Picnic groveCatenary lighting%RXOGHUHGJHWUHDWPHQW16Existing storage container291
ORDINANCE NO. 22-
AN ORDINANCE AMENDING THE FY2021/2022 BUDGET FOR THE
FISCAL YEAR ENDING APRIL 30, 2022
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 FY21/22 Annual Budget for the Fiscal Year Ending April 30, 2022 by a
motion at the Regular City Council Meeting held on April 19, 2021; 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 7th day of March, 2022.
Ayes Nays Absent Abstain
Alderman Devine ____ _____ _____ _____
Alderman Glab ____ _____ _____ _____
Alderman Harding ____ _____ _____ _____
Alderman McClatchey ____ _____ _____ _____
Alderwoman Miller ____ _____ _____ _____
292
Alderman Santi ____ _____ _____ _____
Alderman Strach ____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
EXHIBIT A
The following budget items are amended by this Ordinance:
FY21/22 Budget Amendment – Parks Developer Fund - $72,500
293
City of McHenry
333 S Gre en Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
www.cityofmchenry.org
The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the h ighest quality of programs and
services in a customer-oriented, efficient, and fiscally responsible manner.
REGULAR AGENDA SUPPLEMENT
DATE: March 7, 2022
TO: City Council
FROM: Deputy Clerk Monte Johnson
RE: Heavenly Liquor & Tobacco
AGENDA ITEM SUMMARY:
Heavenly Liquor & Tobacco has submitted an application for a Class C Liquor License. Class C
Liquor Licenses permit the sale of packaged liquor for consumption off premises only. The
business currently runs as a smoke and vape shop at 3012 W Route 120, Unit A under the name
Heavenly Cloudz Smoke & Vape Shop. They want to discontinue their current business as a
tobacco and vape shop and covert into a liquor store with tobacco as a secondary product.
Looking at the attached photo of 3012 Route 120, you can see the front part of the building is
split into Units A, B, and C. They plan to knock down the wall between Units A and B and turn
both of those units into their liquor store. The y are also going to substantially pare down the
amount of vape products in the store. Per code, the vaping products display and storage can
only utilize less than two percent (2%) of the gross floor area.
Background checks have bee n completed and passed on both owners of the business.
If approved, an ordinance needs to be passed to increase the number of C lass C liquor licenses
to 25.
RECOMMENDATION:
A motion to app rove or deny a Class C Liquor License to Heavenly Liquor & Tobacco located at
3012 W IL Roue 120, and if approved, t o p ass an Ordinance Amending Title 4, Chapter 2,
Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitatio n on
Number of Licenses
294
3012 Route 120
B A C
295
296
297
298
299
300
301
ORDINANCE NO. 2 2-
Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and
Fees; Approval Authority; Limitation on Number of Licenses
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage
of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the
Constitution of the State of Illinois.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of McHenry,
McHenry County, Illinois, as follows:
SECTION 1: Section 4 -2-6, subs ection D -3, of the Municipal Code relating to liquor
license classifications, shall be amended as follows:
D.3 . Class C (Packaged Retail ) License: Issuance of a Class C license shall authorize the retail sale
of packaged alcoholic liquor only. No consumption of alcoholic liquor shall be permitted on the
premises. The annual fee for a Class C license shall be one thousand one hundred dollars
($1,100.00). No more than twenty-four (24) Class C licenses shall be in force in the City at any
time.
SECTION 2: If any section, paragraph, subdivision, clause, sente nce or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such
judgment shall not effect, impair, invalidate or nullify the remainder thereof, which remainder
shall remain and continue in full force and effe ct.
SECTION 3: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
SECTION 5: This ordinance shall be in full force and effect from and after its passage,
approval and publication, as provided by law.
Passed this 7th day of March 2022.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
302
303
304
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
1
Unapproved Planning & Zoning Commission Meeting Minutes from February 16, 2022
File No. Z-2022-04
Petitioner: CWK Properties – McHenry LLC of 7949 W 79th Street, Bridgeview, IL 60455 (Contract Purchaser)
Zoning Variations for a “Wingstop” dine-in restaurant at 4213 W Elm Street
Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-2002-04, for zoning variations for a
Wingstop dine-in restaurant at 4213 West Elm Street. Chairwoman Rockweiler confirmed all legal posting requirements
have been met.
Mr. Steve Brooks and Mr. Joshua Crow, the project manager, were sworn in. Mr. Brooks stated that they are requesting
variations due to the size limitations of the lot that make it treacherous to fit a building on the property. Planner Sheriff
shared his screen to show the layout of the property. A setback is required to get 17 parking spaces on site. The site is
also extremely narrow. With the existing setback requirements, it would not be possible to build on this property. A
variance is requested for the western landscape with the existing park to the west and the existing tree line that is
already in place. The required landscaping around the parking lot is also not possible due to the narrow width and the
ADA ramp requirements.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the subject property’s
limitations. A former currency exchange building exists but is dilapidated and run down. Staff agrees that this is a
welcome investment to the site. Given the narrow size of the lot, it is recommended to place a six-foot privacy fence
around the perimeter, which is a good substitute for the landscaping. They have agreed to add additional trees to the
east of the building. To the west of the property is an existing park, which is not residential although it is zoned
residential. Staff also feels that the number of parking spaces they are requesting is appropriate given the size of the
building. The City’s parking requirements are out of date and are not in line with those in other municipalities. It is
possible that IDOT could require some changes to the site plan due to the location on a state highway. The development
is consistent with the land use map.
Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Commissioner Sobotta asked if
this would be a dine in or carry out establishment. Mr. Brooks explained that it was a dine-in restaurant, but they are
expecting about 80% of the business to be takeout through DoorDash. Commissioner Sobotta asked how many staff
would be working. Mr. Brooks wasn’t sure but estimated that there might be five employees per shift. Chairwoman
Rockweiler asked what type of privacy fence would be installed, and Mr. Brooks explained that it would be a wooden
fence that is six feet tall.
Chairwoman Rockweiler invited questions and/or comments from the Public. There were no comments from the public.
Chairwoman Rockweiler closed the public comment portion of the hearing at 7:13 p.m.
305
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
2
Commissioner Davis explained that he had no problem with this request and understands that the property is narrow.
He would like to see more parking spaces but has no problem with the variance requests. Commissioner Bremmer had
no concerns other than the low number of parking spots. Commissioner Lehman had no issues and understood that the
limited number of indoor seats would not require a larger number of parking spaces. Commissioner Smale agreed with
all the other comments and believes that this is a good use for that space.
Commissioner Sobotta asked Mr. Brooks how the small parking lot would work for taking deliveries. It does not appear
that there is much room to turn around. He is concerned how truck deliveries would work. Mr. Crow explained that it is
set up to have orders taken through the rear entrance that has the ADA ramp. They expect the truck to drive into the
parking lot area to drop off orders. Mr. Sobotta questioned how the trucks would have room to turn around. He
assumes they would not be backing out onto the highway. Mr. Crow stated that there is 24 feet of space between the
parking spots, so they are expecting a three-point turn. They would also expect deliveries and trash pickup to be done
early in the morning and not during peak hours. The parking spaces should be open to make it easier for the trucks to
turn around.
Community Development Director Ross Polerecky was online for the meeting and explained that Commissioner Sobotta
makes a good point. He stated that the downtown business owners get deliveries done during off-peak hours. They
should have all of that taken care of before patrons come. The business owner should have an understanding of when
their busy times are and make sure the delivery companies and trash pickup are scheduled accordingly.
Chairwoman Rockweiler questioned the City’s current parking requirements and Planner Sheriff explained that our City
has almost double the requirements of other towns. He would like to get rid of the parking requirements all together
and have businesses provide the number of spots they need to run their business. If the lack of suitable parking does
become an issue, the City has the ability of pulling a certificate of occupancy until the issue is resolved. Commissioner
Sobotta stated that places like Crystal Lake have ample parking because their businesses are in outlots next to big
parking lots. He would not want McHenry to rush into a decision to allow smaller parking standards. Chairwoman
Rockweiler’s concern for the Wingstop is the number of spaces requested, but with 80% of the business doing to-go
orders, that relieves her concerns. Commissioner Lehman asked if liquor would be sold there, and Mr. Brooks explained
that no alcohol would be sold. Commissioner Riley asked if there would be a walkway connecting to the park from the
rear, and it was explained that there would not be one.
Motion by Smale seconded by Lehman with regard to File No. Z-2022-04, to recommend amended approval of zoning
variations to accommodate a “Wingstop” dine-in restaurant at 4213 W Elm Street, with the following conditions, as
presented:
1.Variance to allow 17 parking spaces in lieu of the required 45 spaces.
2.Variance to allow a 6’ 4’’ interior side yard setback along the west lot line in lieu of the required 25 feet when
adjacent to a residential zoning district.
3.Variance to allow a 25’ front yard setback in lieu of the required 30’ setback.
4.Variance from Residential Screen Strip Design Standards along the west property line
306
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
3
5.Variance from parking lot perimeter landscaping
6.Variance from building perimeter landscaping.
7.Any other zoning variations necessary to accommodate the proposed development.
The granting of said variations shall be subject to the following conditions:
1.The development shall be in substantial conformance with the submitted plans as determined by the Zoning
Administrator.
2.The Zoning Administrator may approve, approve with conditions, or deny and recommend back to the City
Council any site plan changes that may be requested by the Illinois Department of Transportation.
and by making said motion, that the approval criteria for Zoning Variations have been met as outlined in the Staff
Report.
Roll Call: Vote: 7-ayes: Commissioners Bremer, Davis, Lehman, Riley, Rockweiler, Smale, and Sobotta. 0-nay; 0-
abstained; 0-absent. Motion Carried.
Chairwoman Rockweiler closed the hearing regarding File No. Z-2022-04 at 7:32 p.m.
307
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
4
ORDINANCE NO 22-
ORDINANCE GRANTING ZONING VARIATIONS FOR A WINGSTOP RESTAURANT AT 4213 W. ELM STREET
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 CWK Properties – McHenry LLC (“Contract Purchaser”), on
behalf of David Barr CFSC (“Owner of Record”), requesting approval of Zoning Variations for the property located at 4213
W. Elm Street legally described in “Exhibit A”, attached hereto and incorporated herein; “SUBJECT PROPERTY”; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 16,
2022 in the manner prescribed by ordinance and statute, and as a result of said meeting, the Planning and Zoning
Commission did unanimously recommend to the City Council the granting of the requested Zoning Variations; 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 Zoning Variations 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 approval of the following Zoning Variations for a
dine-in restaurant:
1. Variance to allow 17 parking spaces in lieu of the required 45 spaces.
2. Variance to allow a 6’ 4’’ interior side yard setback along the west lot line in lieu of the required 25 feet when
adjacent to a residential zoning district.
3. Variance to allow a 25’ front yard setback in lieu of the required 30’ setback.
4. Variance from Residential Screen Strip Design Standards along the west property line.
5. Variance from parking lot perimeter landscaping.
6. Variance from building perimeter landscaping.
7. Any other zoning variations necessary to accommodate the proposed development.
By granting said Zoning Variations, the development shall be subject to the following conditions:
1. The development shall be in substantial conformance with the submitted plans “Exhibit B” as determined by the
Zoning Administrator.
2. The Zoning Administrator may approve, approve with conditions, or deny and recommend back to the City
Council any site plan changes that may be requested by the Illinois Department of Transportation.
308
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
5
SECTION 2: In granting said Zoning Variations, the City Council find that the Variance Approval Criteria listed in
§11-19-5 in 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 7th day of March, 2022
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Trisha Ramel, City Clerk
309
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
6
EXHIBIT A
Legal Description
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING WEST OF HANLEY’S FIRST ADDITION TO WEST MCHENRY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 132 FEET NORTH, 74 DEGREES, 17 MINUTES WEST OF AN IRON STAKE AT THE MOST WESTERLY
CORNER OF LOT 5 OF HANLEY’S FIRST ADDITION TO WEST MCHENRY, AFORESAID, FOR THE POINT OF BEGINNING AND
RUNNING THENCE NORTH 74 DEGREES, 17 MINUTES WEST, 66 FEET; THENCE NORTH 15 DEGREES, 43 MINUTES EAST,
TO THE CENTER OF HIGHWAY KNOWN AS THE WOODSTOCK ROAD; THENCE SOUTHEASTERLY ALONG THE CENTER LINE
OF SAID HIGHWAY TO A POINT WHICH IS NORTH 15 DEGREES, 43 MINUTES EAST, 198.8 FEET FROM THE PLACE OF
BEGINNING; THENCE SOUTH 15 DEGREES, 43 MINUTES WEST TO THE POINT OF BEGINNING, IN MCHENRY COUNTY,
ILLINOIS.
PIN: 09-27-476-002
Property Address: 4213 W. Elm Street, McHenry, IL 60050
310
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
7
EXHIBIT B
x SITE PLAN DATED 1/24/2022
311
10
7
PROPOSED
TENANT
1792 SF
TRASH ENCLOSURE
ADA RAMP
DEPRESSED
CURB
30' PROPERTY
SETBACK
EXISTING CURB
EXISTI
N
G
S
I
D
E
W
A
L
K
25' PROPERTY
SETBACK
6' BOARD ON
BOARD FENCE
6' BOARD ON
BOARD FENCE
6' BOARD ON
BOARD FENCE
C-5
COMMERCIAL
HIGHWAYRS-3
MEDIUM -HIGH DENSITY
SINGLE FAMILY
RESIDENTIAL
C-5
COMMERCIAL
HIGHWAY
PROPOSED LOW
SCALE
LANDSCAPED
AREA
PROPOSED
LOW SCALE
LANDSCAPED
AREA
PROPOSED
MONUMENT
SIGN
6' BOARD ON
BOARD FENCE
C-5
COMMERCIAL
HIGHWAY
8' DIAMETER
TREE
8' DIAMETER
TREE
8' DIAMETER
TREE
8' DIAMETER
TREE
8' DIAMETER
TREE
WS MCHENRY, IL
4213 W ELM ST
1787SF
01/24/2022
2022 Kolbrook Design, Inc.Copyright
PROJECT:ARCHITECT:Job No.
Issue Date
Project Area
828 DAVIS STREET
EVANSTON, IL 60201
Ph 847.492.1992
SUITE 300
1577.020
Proposed Site Plan
312
313
314
315
SStaff 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 & REQUEST SUMMARY
The petitioner, CWK Properties – McHenry LLC, is requesting approval of several zoning variations for the
operation of a “Wingstop” dine-in restaurant at 4213 W. Elm Street:
1. Variance to allow 17 parking spaces in lieu of the required 45 spaces.
2. Variance to allow a 6’ 4’’ interior side yard setback along the west lot line in lieu of the required 25 feet
when adjacent to a residential zoning district.
3. Variance to allow a 26’ front yard setback in lieu of the required 30’ setback.
4. Variance from Residential Screen Strip Design Standards along the west property line.
5. Variance from parking lot perimeter landscaping.
6. Variance from building perimeter landscaping.
7. Any other zoning variations necessary to accommodate the proposed development.
The development consists of the demolition of the existing building, consolidation of the existing two access
points into a singular access point, and construction of a new 1792 SF dine-in restaurant. Due to the size and
configuration of the lot, several variations from the Zoning Ordinance are requested to accommodate the
development.
CODE ENFORCEMENT HISTORY
City records indicate the property last had a code enforcement violation in 2017 for noxious weeds which has
since been resolved. There have been no recorded violations since the 2017 incident.
CITY OF MCHENRY ORDINANCES
• The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry
Zoning Ordinance.
STAFF ANALYSIS
CURRENT LAND USE & ZONING
The subject property is currently zoned C-5 Highway Commercial District. Formerly occupied by a currency
exchange, the site has remained vacant for several years. The surrounding land use and zoning is primarily C-5
Highway Commercial District with RS-3 Medium-High Density Single Family Residential District to the west
(Fort McHenry).
316
x Parking: The petitioner is proposing 17 parking spaces in lieu of the 45 required for dine-in restaurants.
As a comparison, staff have provided below parking requirements for restaurant uses in other
communities:
Parking Required Per
1000 Square Feet of
Floor Area. (proposed
1800 square feet)
McHenry Crystal Lake South Elgin
Carry out only 10 (1 per 100 SF) 1 per 250 SF of gross
floor area (or 1 per 4
seats based upon the
capacity of the fixed or
moveable seating area,
whichever is greater)
1 per 100 SF of GFA
Drive in and eat in 10 (1 per 100 SF)
Eat in, no drive in 25 (2.5 per 100 SF)
The development would require 8 spaces in Crystal Lake and 18 spaces in South Elgin. Staff believes the
petitioner’s request is reasonable when comparing the City’s parking requirements to other
municipalities.
x Parking Lot Perimeter Landscaping: Given the narrowness of the lot, the remaining plant-able area
surrounding the parking lot is a little over 2.5 feet. Staff agrees with the petitioner that maintaining any
livable plant material would be challenging. The petitioner is instead proposing to construct a 6 ft’
privacy fence in lieu of installing parking lot perimeter landscaping. The petitioner is attempting to add
additional plantings on site as a substitute. The Commission may wish to consider the style and type of
fence used if it believes this substitute is appropriate.
x Residential Landscape Screening Strip: The west lot line abuts Fort McHenry which is owned by the
City of McHenry but is zoned residential. The Zoning Ordinance requires a landscaped screening strip
when located adjacent to a residential zoning district. Staff believes the petitioner’s request is
reasonable given the narrowness of the lot and because the adjacent property is a public park.
x Zoning District Setback Requirements: The petitioner is proposing to encroach approximately 4 feet
into the required front yard setback, and 18’ 8’’ into the required interior side yard setback along the
west property line when abutting a residential zoning district. Because the adjoining residential zoning
district property is used as a public park and not a residential use, staff does not object to the
petitioner’s request.
FFUTURE LAND USE MAP RECOMMENDATION
The proposed restaurant is consistent with the future land use map’s recommendation for commercial land
use.
COMPREHENSIVE PLAN OBJECTIVES & POLICIES
Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives
and policies. Staff comments italicized.
View full list of City Plans at www.cityofmchenry.org/planningdocuments
x Growth, Policy – “Work with developers so that redevelopment improves the site or surrounding
conditions, including: access, landscaping, lighting, safety, and aesthetics.” (p. 29)
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Staff believes the proposed development is a significant improvement over the existing conditions of
the site. The site plan is proposing consolidat ion of accesses, new landscaping, and improved
aesthetics. The existing sites have remained vacant for several years and redevelopment may help spur
growth in this section of the IL-120 corridor. Staff believes the petitioner is attempting to meet the
Zoning Ordinance to the greatest extent possible given the unique site constraints.
SSTAFF SUMMARY ANALYSIS
x The number of spaces provided would meet or almost meet other municipalities’ parking standards for
dine-in restaurants.
x Meeting parking lot/building perimeter landscaping is challenging given the narrowness of the lot.
x Staff does not object to substituting parking lot perimeter landscaped screening with a privacy fence
given the site constraints. However, the Commission may wish to consider the type/style of fencing
used.
x The development is consistent with the future land use map recommendation for commercial.
If the Planning & Zoning Commission agrees with the petitioner’s request, then the following motion is
recommended:
MOTION: I motion to recommend approval of the petitioner’s request for the following Zoning Variations:
1. Variance to allow 17 parking spaces in lieu of the required 45 spaces.
2. Variance to allow a 6’ 4’’ interior side yard setback along the west lot line in lieu of the required 25
feet when adjacent to a residential zoning district.
3. Variance to allow a 26’ front yard setback in lieu of the required 30’ setback.
4. Variance from Residential Screen Strip Design Standards along the west property line.
5. Variance from parking lot perimeter landscaping.
6. Variance from building perimeter landscaping.
7. Any other zoning variations necessary to accommodate the proposed development.
The granting of said variations shall be subject to the following conditions:
1. The development shall be in substantial conformance with the submitted plans as determined by the
Zoning Administrator.
2. The Zoning Administrator may approve, approve with conditions, or deny and recommend back to
the City Council any site plan changes that may be requested by the Illinois Department of
Transportation.
AND by making said motion, you agree that the approval criteria for Variations have been met as outlined in
the Staff Report.
VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff believes this is a special circumstance related to the existing layout of the commercial lot.
B. Circumstances Relate to the Property Only.
Staff believes that the configuration of the lot makes it challenging for a property owner to meet the
underlying zoning district requirements.
C. Not Resulting From Applicant Action.
The applicant did not create the size of the lot.
D. Unnecessary Hardship.
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Staff believes that denial of the request would place an unnecessary hardship on the owner of the
property.
E.Preserves Rights Conferred By District.
Staff does not believe that by granting the requested variations that it would confer a special privilege
ordinarily denied to others and that other property owners would be granted relief if faced with a
similar dilemma.
F.Necessary For Use Of Property.
Staff believes the petitioner’s request is reasonable given the configuration of the lot and that denial
would deprive them of reasonable use and enjoyment of the property.
G.Not Alter Local Character.
Staff believes the request would not alter the local character and would have a positive impact on
property values.
H.Consistent With Title And Plan.
Staff believes the proposed Zoning Variations are consistent with the Future Land Use Map’s
recommendation for commercial land use and also with supporting reinvestment that may help spur
growth within this section of the IL-120 corridor.
I.Minimum Variance Recommended.
Staff believes it is the minimum variance necessary to provide the applicant with reasonable use and
enjoyment of the property.
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45
28 spaces.
BARR DBH REAL EST CORP -David Barr CFSC
425 Huehl Road, Building #3 Northbrook, IL 60062
Steven Kolber -Agent of Applicant
CWK Properties – McHenry LLC
847-492-1992 x.20
828 Davis St., Suite 300, Evanston, IL 60201
7949 W 79th Street Bridgeview, IL 60455
773-498-9100
Landscaping: According to City Ordinance we must provide a Landscaped Residential Screening Strip and Landscaped Parking Lot Screening of 5 ft, due to the size of the parking lot we do
not have space for a Screening Strip so we ask for a 2'6" varience at the back of the lot and a privacy fence. We also respectfully request waving the building perimeter landscaping on the
east side and back of the proposed building due to the need of an accessible Ramp.
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FORM A Page 2 of 3
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:
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) $
2. Narrative Description of Request
3.FORM A – Public Hearing Application
4. FORM B – Zoning Map Amendment (Rezoning) Application
5. FORM C – Conditional Use Application
6.FORM D – Zoning Variance Application
7.FORM E – Use Variance Application
8.Proof of Ownership and/or Written Consent from Property Owner in the Form of an
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
Buisness - Unoccupied
C-5, Commercial Highway
RS-3 Medium-High Density Single Family Residential, Fort McHenry Park
C-5, Commercial Highway, McCann Industries
950
C-5, Commercial Highway, Vacant Lot
C-5, Commercial Highway, (Across the Street) Zion Lutheran Church and School
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Agent of Applicant
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FORM D Page 1 of 3
FORM D File Number
ZONING VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à 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.
2. Circumstances Relate to Property Only
Since a variance will affect the 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
property.
The property has a significant slope that requires an ADA compliant pedestrian walkway that uses and limits
the amount of space on the property. The property's narrow dimensions does not allow adequate room for
setbacks, landscape buffer, proper traffic flow, and buildable area. The 30 ft front set back limits the size
of the building and the number of parking spots that can be provided.
The property's location of neighboring a RS-3 area requires a 25 ft set back which would make 38% of the
66 ft wide lot unbuildable. The angled front property line created by Elm Street also creates an angled 30 ft
front setback which makes building placement difficult with a two-way vehicular driveway and to
accommodate as much parking as possible. The overall width of the lot does not allow for the required parking
lot screening while attempting to accommodate standard perpendicular parking as required. Factor in all of
the above, parking requirements are difficult to attain.
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FORM D Page 2 of 3
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. Unnecessary 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.
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.
6.Necessary for Use of Property
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.
If strict zoning ordinances are followed only 38% of the site would be considered buildable, thus
limiting use of the site. If strict parking ordinance requiring 21 parking spaces is followed this would
use more of the buildable area for parking, which would limit the practical size and use of the building.
The property's small lot size along with setback requirements limits the potential use of
the property. To establish efficient use of the property, the required variances are necessary.
In order to have the proposed building large enough to do business and to meet required
building codes of the city a smaller parking area is required. A two-way drive that is typical
of other Commercial properties also limits the space for the required number of parking spaces.
The property size requires a variance of some sort in order to build any sort of new
construction for business to occur.
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FORM D Page 3 of 3
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.
9. Minimum Variance Required
The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment
of the property.
We respectfully require a minimum variance of 25 ft for the front yard set back instead of
the required 30 ft set back. We also respectfully require a variance of allowing 17 parking
spaces instead of the required 21. We also respectfully require a variance of a 6 ft side yard
set back instead of a 25 ft side yard set back on the west side of the property or a 10 ft set back
on the west side of the property with no landscape buffer on the east side of the property.
The property is currently zoned C-5 which allows for quick serve restaurants which is what is being
proposed. We are requesting set back variances and parking variances in order to use the property
as it is currently zoned.
The proposed site plan is similar to that of other local quick serve restaurants in the area.
It keeps to the character and spirit of the existing community. It does not impair public
safety or environmental quality.
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4213 W Elm St.Mchenry, IL 60050WS - McHenry, IL12/30/20211,792 SQ FT2021 Kolbrook Design, Inc.CopyrightPROJECT:ARCHITECT:Job No.Issue Date828 DAVIS STREETEVANSTON, IL 60201Ph 847.492.1992 SUITE 300Project Area1577.0202EAST ELEVATION3/32" = 1'-0"1NORTH ELEVATION3/32" = 1'-0"4WEST ELEVATION3/32" = 1'-0"3SOUTH ELEVATION3/32" = 1'-0"Proposed ElevationsEXHIBIT E330
10
7
PROPOSED
TENANT
1792 SF
TRASH ENCLOSURE
ADA RAMP
DEPRESSED
CURB
30' PROPERTY
SETBACK
EXISTING CURB
EXISTI
N
G
S
I
D
E
W
A
L
K
WS MCHENRY, IL
4213 W ELM ST
1787SF
01/10/2022
2021 Kolbrook Design, Inc.Copyright
PROJECT:ARCHITECT:Job No.
Issue Date
Project Area
828 DAVIS STREET
EVANSTON, IL 60201
Ph 847.492.1992
SUITE 300
1577.020
Proposed Site Plan
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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
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.
DISCUSSION AGENDA SUPPLEMENT
DATE: March 7, 2022
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
Russell Ruzicka, Treatment Operations Manager
RE: Annual MS4 Update & Green Infrastructure Recommendations
ATT: MS4 Annual Activities Update
Crystal Lake Sample Rain Barrel Ordinance
Example Rain Barrel Program Literature
AGENDA ITEM SUMMARY:
Staff is presenting the Annual MS4 permit update to the City Council pursuant to the City’s
requirements as an MS4 permittee. Staff is further requesting that the City Council consider
adoption of an ordinance enacting a rain barrel program for residents to capture and reuse
rainwater/stormwater.
BACKGROUND:
In June of 2020, the IEPA (Illinois Environmental Protection Agency) conducted an audit of the
City’s MS4 Permit, which is the City’s permit with the IEPA to own and operate a public municipal
storm sewer system. Although the City of McHenry was found to be in compliance with the
general permit requirements at that time, the IEPA recommended that the City work to improve
its Green Infrastructure.
Examples of green infrastructure include improvements such as rain barrels that residents
connect to their rain gutters to capture and store rainwater for future use, such as watering a
garden, or washing cars, or other outdoor uses. The City of Elgin, Woodstock, Algonquin and
Crystal Lake are examples of surrounding communities that have enacted rain barrel programs.
Although the programs are administered in different ways , the one common denominator is that
the participating residents receive a onetime credit on their water bill to help offset the cost of
the rain barrel. Staff has reached out to local retailers regarding the possibility of cooperating
with the program and stocking rain barrels , and the response has been positive thus far.
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Another example of green infrastructure improvements are rain gardens. A rain garden is a small
bio-retention area that treats and controls stormwater runoff. These rain gardens can be
constructed on the grounds of any municipal or non-municipal building, using rainwater from the
roof of the building to water the rain garden. One way to incorporate rain gardens into the City’s
green infrastructure is to include rain gardens or other green infrastructure as part of upcoming
infrastructure projects. Staff recommends that green infrastructure improvements are
considered and incorporated in the upcoming downtown streetscape program.
ANALYSIS:
To create and administer a rain barrel program would require an easily accessible supply of rain
barrels and a City ordinance outlining the proper type, placement and use of approved rain
barrels. In addition, as an incentive, staff recommends a one-time, $30.00 credit to be applied to
a residential water bill for residents who purchase rain barrels and submit a paid r eceipt. This
total annual cost should be negligible and able to be absorbed into existing operating budgets.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that staff is given approval to draft an
ordinance enacting a rain barrel program for residents to capture and reuse
rainwater/stormwater which shall be brought before the City Council for adoption at a later
date.
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Department of Public Works
Russell Ruzicka, Treatment Operations Manager
1415 Industrial Drive
McHenry, Illinois 60050
Phone: (815) 363-2186
Fax: (815) 363-2214
rruzicka@cityofmchenry.org
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.
MEMORANDUM
DATE: March 7, 2022
TO: Mayor and City Council
FROM: Russell Ruzicka
RE: Annual MS4 Permit Activities Update
_____________________________________________________________________________________
Due to COVID-19 restrictions, environmental group clean-up efforts were paused during 2021. It
is expected that group clean-up efforts will resume in 2022. The City of McHenry will once again
partner with the Environmental Defenders of McHenry County to assist them in their clean -up
efforts along Boone Creek.
In 2021, a total of 156 man-hours were spent on storm sewer cleaning, maintenance and repair .
A total of 2 potential illicit discharges were reported in 2021. Both incidents were residents
draining their pools. After sampling both discharges, they were found to be in compliance.
In March 2022, Public Works employees will be receiving their annual MS4 training on BMP’s
(Best Management Practices) and spotting illicit discharges.
A new MS4 Permit will be issued in March of 2022. Staff will be reformatting the Annual Facilities
Report to better address the requirements of the new permit. One of the new requirements will
be increased stormwater sampling. The increased sampling will help identify the pollutants of
concern in stormwater runoff that may need to be treated in the future. Staff has adjusted
budgets to accommodate the increased cost of stormwater sampling.
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BLUE RAIN BARRELS
We use Food Quality High Density Polyethylene Barrels that were previously used to ship
pickled food overseas. We clean and rinse them with rainwater and PH neutral soap, so you
never have to worry about harsh containments getting on your plants. Before determining
which color or size barrel to order there are several factors to be considered – see “Determining
the Correct Barrel” in the common questions section.
These 55 Gallon Blue Barrels are very popular with customers who would like to paint their rain
barrel. They are the perfect blue for the sky and water of any landscape picture. All our barrels
can be painted. We recommend Krylon Fusion paint for plastic which comes in a whole array of
colors. For pictures of previous blue barrels that have been painted visit our Past Events page
for pictures of blue rain barrels painted by students for an event we partnered with Chicago
Botanical Society at Navy Pier in September 2009.
The blue barrels all come with a two-piece lid like a mason jar with a screen on it. There are
three holes drilled into the lid for the water to drain into from your downspout. The screening
keeps out the debris from the roof and keeps the mosqui toes out. The screening is easily
removed for cleaning by unscrewing the outer ring of the lid.
Because all our barrels have a garden hose size spigot at the bottom of the barrels you have
several options on how to water your plants since a garden hose, la ndscape tubing or drip
tubing can be attached to the barrel. If you wanted to use a watering can simply situate the
barrel on a wooden pedestal. The barrels also have an overflow fitting to allow the excess water
that flows from the downspout to be diverte d away from the barrel and a linking hose fitting so
(2) or more barrels can be joined together and will all fill up from just (1) downspout.
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GREEN RAIN BARRELS
Our 55 Gallon Green Barrels are a great color that looks great with the green plants and trees in
your garden. They hide well behind deciduous trees and bushes.
There are holes drilled into the lid for the water to drain into from your downspout. The
screening keeps out the debris from the roof and keeps the mosquitoes out.
Because all our barrels have a garden hose size spigot at the bottom of the barrels you have
several options on how to water your plants since a garden hose, landscape tubing or drip
tubing can be attached to the barrel. If you wanted to use a watering can simply situate the
barrel on a wooden pedestal. The barrels also have an overflow fitting to all ow the excess water
that flows from the downspout to be diverted away from the barrel and a linking hose fitting so
(2) or more barrels can be joined together and will all fill up from just (1) downspout.
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