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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) 1 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. 2 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. 3 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”. 4 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 5 Dated this 7th day of March 2022. APPROVE: ATTEST:   Mayor Wayne S. Jett Deputy City Clerk 6 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: 8 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 33 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. 34 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. 35 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. 36 City of McHenry Council Meeting Minutes 2.22.22 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. 37 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. 38 City of McHenry Council Meeting Minutes 2.22.22 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. 53 5 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. 54 6 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. 55 7 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. 56 8 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. 57 9 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. 58 10 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 59 11 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. 60 12 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 61 13 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 62 14 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 63 15 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 64 16 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 65 17 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. 66 18 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. 67 19 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: 68 20 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. 69 21 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. 70 22 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. 71 23 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. 72 24 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 73 25 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 74 26 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 ) 75 27 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: 76 28 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: 77 29 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.) 78 30 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.). 79 31 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) 80 32 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: 81 33 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) 82 34 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: 83 35 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: 84 36 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) 85 37 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 86 38 ATTACHMENT F – CITY OF MCHENRY SERVICE MAP 87 39 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 40 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 42 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 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 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 #SVDFTLJhT.BSJOF$POTUSVDUJPO 272 .D)FOSZ1JFS 273 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. 274 275 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 ____ _____ _____ _____ 276 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 - $600,000 277 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 278 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. 279 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. 280 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, 281 Page 2 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 282 February 9, 2022 McHenry Riverwalk Miller Point Page 1 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 283 February 9, 2022 McHenry Riverwalk Miller Point Page 2 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 284 February 9, 2022 McHenry Riverwalk Miller Point Page 3 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 285 February 9, 2022 McHenry Riverwalk Miller Point Page 4 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 286 February 9, 2022 McHenry Riverwalk Miller Point Page 5 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) 317 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. 318 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. 319 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. 320 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 321 Agent of Applicant 322 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. 323 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. 324 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. 325 326 327 328 329 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 331 332 333 334 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. 335 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. 336 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. 337 338 339 340 341 342 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. 343 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. 344 345 346