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Home My WebLink About04-81 1 . t • Resolution No. 04-81 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AGREEMENT FOR PROVISION OF REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES WITH WASTE MANAGEMENT OF ILLINOIS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an Amended Agreement for Provision of Refuse, Recyclables and Yard Waste Collection Services on behalf of the City of Elgin with Waste Management of Illinois,Inc.,a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 31, 2004 Adopted: March 31, 2004 Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AMENDED AGREEMENT FOR PROVISION OF REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES THIS AGREEMENT, made the,?/S?'day of MI() /Q C k , 2004, is made by and be- tween the CITY OF ELGIN, an Illinois municipal corporation (hereinafter the "City") and WASTE MANAGEMENT OF ILLINOIS, INC., a Delaware corporation (hereinafter the "Con- tractor"); WHEREAS, City and Contractor previously entered into an"Agreement for Provision of Refuse, Recyclables and Yard Waste Collection Services," dated as of September 12, 2002 (the "Current Agreement"); and WHEREAS, City and Contractor wish to amend and restate the Current Agreement to incorporate provisions relating to yard waste collection during the month of April and to delete provisions of the Current Agreement relating to the transition period during which the Current Agreement went into effect, and to make certain other necessary and conforming changes; NOW, THEREFORE, in consideration of the mutual premises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree that, effective as of the date hereof, the Current Agreement is hereby amended and restated to read in its entirety as follows: ARTICLE 1—RECITALS WHEREAS, the City is a municipal corporation organized and existing under the author- ity of the Illinois Municipal Code of 1961, 65 ILCS 5/1-1-1, et seq., and predecessor statutes and having those home rule powers granted pursuant to Article VII, Section 6 of the 1970 Illinois Constitution; and • • { WHEREAS, the City issued its Request for Proposals #02-001 for the provision of pro- fessional services for refuse, recycling, and yard waste collection services for single family resi- dential collection, multi-family residential collection, other multi-family complexes and city owned facilities in Elgin, Illinois; and WHEREAS, Contractor submitted the lowest responsive proposal and possesses the nec- essary expertise, equipment and manpower to furnish the requisite labor, materials, tools, equip- ment, transportation services and landfill space to perform the above-referred services in a legal manner in strict accordance with all federal, state and local laws, rules, regulations and ordi- nances. ARTICLE 2—GENERAL CONDITIONS 1. INCORPORATION OF RECITALS The foregoing recitals are substantive and are hereby incorporated in this section as though fully set forth herein. 2. DEFINITIONS For the purpose of this agreement, definitions of certain terms shall be as listed below. Other terms shall be as defined within applicable subsections. (a) "Refuse" shall mean all discarded and unwanted putrescible and non-putrescible household and kitchen wastes, including but not limited to, food, food residues, and ma- terials necessarily used for packaging, storing, preparing, and consuming same, usually defined as "garbage"; and all combustible and non-combustible waste materials resulting from the usual routing of domestic housekeeping, including but not limited to, aluminum and steel cans; glass containers; plastic containers; crockery and other containers; metal; . paper of all types, including newspapers, books, magazines, and catalogs; boxes and car- tons; cold ashes; tires; furniture, furnishings, and fixtures, household appliances of all kinds; textiles and leather; toys and recreational equipment; and similar items. For the purposes of this specification, the terms "garbage", "refuse", "rubbish", and "waste" shall be synonymous unless otherwise more specifically defined (for example, "yard waste"). (b) "Solid Waste" shall be the general term encompassing all refuse, recyclables, yard waste, household construction and demolition debris, large household items, white goods, street sweepings, and other waste covered under this contract. (c) "Recyclables" or Recyclable Material(s) shall mean, at a minimum, brown paper bags; corrugated boxes; frozen food packages; magazines and catalogs; mixed paper; newspaper; paperboard; telephone books; wet strength carrier stock; aerosol cans; alumi- num cans; aluminum foil; aseptic packaging and gable top containers; formed steel con- tainers; glass bottles and jars; plastic containers, bottles,jars and jugs #1 through#5 and #7; plastic six and twelve pack rings; steel cans; steel paint cans and lids; and household batteries. (d) "Yard waste" (also known as "landscape waste") shall mean grass clippings, leaves, branches and brush, other yard and garden trimmings, vines, garden plants, and flowers, weeds, tree droppings (for example, pine cones and crab apples), and other simi- lar organic waste materials accumulated as the result of the cultivation and maintenance of lawns, shrubbery, vines, trees, and gardens. Christmas trees shall also be considered landscape waste. They shall be collected separately for mulching purposes and shall not be landfilled. Sod and greenery from wreaths and garlands shall not be considered land- 3 - .I scape waste and shall be disposed of as refuse, unless the composting facility will accept it. (e) "Household Construction and Demolition Debris" or"Debris" shall mean waste materials from interior and exterior household construction, remodeling and repair pro- jects, including, but not limited to drywall, plywood, and paneling pieces, lumber, and other building materials; windows and doors, cabinets, carpeting, disassembled bathroom and kitchen fixtures; and small amounts of sod and similar materials. Such debris shall conform to the following: loose small items shall be placed in suitable containers not ex- ceeding forty-five (45) pounds in weight, or in bundles not exceeding two (2) feet in di- ameter, five (5) feet in length, and forty-five (45) pounds in weight. (f) "Curbside" shall mean adjacent to the street pavement, alley pavement and gutter and within two (2) feet thereof. (g) "White Good" shall mean all discarded refrigerators, ranges, water heaters, freez- ers, air conditioners, humidifiers and other similar domestic large appliances, including those containing CFCs (chlorofluorocarbons), switches containing mercury, and PCBs (polychlorinated biphenyls). (h) "Large Household Item" (also known as "bulk item"), shall mean any discarded and unwanted trash compactors, microwaves, televisions, pianos, organs, tables, chairs, mattresses, box springs, bookcases, sofas, and similar furniture. (i) "Disposal Unit" shall have different meanings as follows: (1) For the purposes of refuse collection, a "disposal unit" shall mean one (1) water-tight metal or plastic reusable waste container with handles, or one (1) dis- posable plastic refuse bag, no larger than forty (40) gallons in capacity or forty- 4 ' . five (45) pounds, containing refuse or household construction and demolition de- bris as herein defined, securely tied or closed in such a fashion so as to prevent the littering, leaking, or scattering of refuse or debris; or one (1) securely tied bundle of refuse or debris which is not placed in a container that does not exceed two (2) feet in diameter, five (5) feet in length, and forty (45) pounds in weight; or one (1) single miscellaneous or odd-shaped item of refuse or debris that does not exceed forty-five (45) pounds in weight. A large household item, as is herein de- fined in Subsection (h), is to be considered a disposal unit. Household construc- tion and demolition debris, as is herein defined in Subsection (e), is to be consid- ered a disposal unit. (2) For the purposes of yard waste collection, a "disposal unit" shall mean one (1) biodegradable, two-ply, fifty (50) point wet-strength, Kraft paper bag designed for yard waste collection, not to exceed thirty-three (33) gallons in capacity and forty-five (45) pounds in weight, containing "yard waste" as herein defined, or one (1) securely tied bundle of brush or branches using biodegradable cord, string, rope or twine that does not exceed forty-five (45) pounds in weight, two (2) feet in diameter, and five (5) feet in length, and is manageable by one (1) person. (j) "Single-Family Stop" shall mean any single-family detached, multi-family dwell- ings of five (5) units or less and certain duplex dwelling units receiving curbside service. The City shall have the right to modify the number of single-family stops through the term of this Agreement pursuant to Article 2, Section 4. (k) "Multi-Family Stop" shall have different meanings as follows: 5 (1) Townhomes or condominiums with individual driveways that receive curbside service. The above may also be referred to as a"Multi-family Curbside Stop" or"Multi-family Curbside Household", as listed in Exhibit 1 that is at- tached hereto and made a part hereof. The City shall have the right to modify such list and add new locations that may arise during the term of this Agreement. (2) Townhomes or condominiums serviced by common waste containers (i.e. dumpsters or carts) located within a "refuse area" (i.e. partially enclosed area where dumpsters are placed). The above may also be referred to as a "Multi- family Dumpster Stop" or"Multi-family Household", as listed in Exhibit 2 that is attached hereto and made a part hereof. The City shall have the right to modify such list and add new locations that may arise during the term of this Agreement. (I) "Disposal Site" shall mean the location collection vehicles empty their materials. It shall include transfer stations, material recovery facilities, landfills, incinerators and composting sites. (m) "Modified Volume-Based" shall mean service rendered using a fixed volume of refuse and yard waste collection with unlimited recycling (also referred to as the "base level service"), coupled with a sticker system, where residents are required to affix a pre- paid disposal sticker to each proper "disposal unit" above the base level service provided by the City. (n) The term "Stop" shall be synonymous with the term "Household". 3. SCOPE OF WORK The Contractor shall be responsible for everything required to be performed and shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, vehicles, 6 and all transportation services and landfill space required to perform and complete the collection and disposal of solid waste, refuse, yard waste and recyclables, all in strict accordance with this Agreement. Any contracts between the Contractor and businesses, commercial operations, multi- family buildings in excess of five (5) units, institutions, school, and units of government or agen- cies thereof, shall include a provision that such contract shall not interfere with the terms and conditions set forth under this Agreement. The Contractor shall be solely responsible for all collection and transportation costs in- curred to deliver solid waste to a disposal site or transfer station and shall be responsible for the payment of all tipping fees incurred. 4. PAYMENT FOR SERVICES Within thirty (30) days after receipt of the Contractor's monthly invoice, the City shall pay the Contractor for all services provided pursuant to this Agreement. The Contractor shall receive payment for services, where noted, on a per household basis. The number of households serviced under this Agreement will be adjusted twice per year, in January and July, based on the number of new residential occupancy permits issued by the City. Except where noted, all pricing contained herein shall be for the first year of the contract. An- nual rate increases for subsequent years shall be limited to the Consumer Price Index for Chi- cago-Gary-Kenosha beginning in November 2003. 5. CONTRACT TERM The term of the Agreement shall be eight (8) years, and shall become effective on the 1st day of November 2002, and shall remain in full force and effect through the 31st day of October 2010. 7 1 6. DAMAGE TO PROPERTY The Contractor shall take all necessary precautions to protect public and private property during the performance of this Agreement. Except for reasonable wear and tear, the Contractor shall repair or replace any private or public property, including, but not limited to waste receptacles, sod, mailboxes, or recycling bins, which are damaged by the Contractor. Such property shall be repaired or replaced, at no charge to the property owner, as soon as practicable with property of the same or equivalent value at the time of the damage. If the Contractor fails to repair or replace damaged property within a reasonable period of time, the City may, but shall not be obligated to, repair or replace such damaged property, and the Contractor shall fully reimburse the City for any of its reasonably incurred expenses. The Contractor shall reimburse the City for any such expenses within thirty (30) days of receipt of the City's invoice. 7. COMPLIANCE WITH APPLICABLE LAWS, ORDINANCES AND REGULATIONS The Contractor shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations, currently in effect or amended from time to time, governing the collection, disposal and processing of solid waste in the performance of this Agreement and during the term hereof. 8. TAXES, LICENSES, PERMITS AND CERTIFICATES The Contractor shall pay all sales, use, property, income and other taxes that may be law- fully assessed against the City or the Contractor in connection with the Contractor's facilities and the performance of this Agreement. 8 • The City is exempt from paying Federal Excise Tax, State and Local Retailers' Occupa- tion Tax, State and Local Service Occupation Tax, Use Tax and Service Use Tax. At its sole expense, the Contractor shall secure all necessary permits, licenses and certifi- cates of authority required to perform the services which are the subject of this Agreement, and shall comply with all requirements of such permits, licenses and certificates of authority. The Contractor shall keep and maintain all such licenses, permits and certificates of au- thority in full force and effect throughout the term of this Agreement. 9. CERCLA INDEMNIFICATION The Contractor shall, to the maximum extent permitted by law, indemnify, defend and hold harmless the City, its officials, officers, employees, agents and attorneys from and against any and all liability, including, without limitation, costs of response, removal, remediation, in- vestigation, property damage, personal injury, damage to natural resources, health assessments, health settlements, attorneys' fees, and other related transaction costs arising under the Compre- hensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 U.S.C.A. Section 9601, et seq., as amended from time to time, and all other applicable statutes, regulations, ordinances and under common law, for any release or threatened release of the waste material collected by the Contractor, both before and after its disposal. 10. ASSIGNMENT Prior to the beginning of work, the Contractor shall notify the City in writing of the names of the sub-contractors proposed for the principal parts of the work, and shall not employ any sub-contractor that the City objects to as incompetent or unfit. The Contractor shall not as- sign or subcontract this contract or the work hereunder, without prior written consent of the City. However, the Contractor may perform its obligations hereunder through its subsidiaries or divi- 9 sions. The Contractor agrees not to assign or encumber monies due or to become due to it under this contract without subordinating any claim of an assignee or secured party to any prior claims of the City arising out of this contract. 11. INDEPENDENT CONTRACTOR/COMPLIANCE The Contractor is an independent Contractor, solely responsible for the control and pay- ment of its employees. The Contractor agrees to comply with all ordinances and laws, including but not limited to those concerning equal opportunity in employment. The Contractor shall comply with all state and federal laws and regulations regarding Worker's Compensation and Unemployment Insurance contributions. 12. BUSINESS OFFICE The Contractor shall establish and maintain an office with local or toll free numbers through which Contractor can be contacted, complaints can be made, service requests can be made, and instructions received from the City's Solid Waste Coordinator. The office shall be equipped with sufficient telephones and shall have a responsible person in charge during collec- tion hours. This service shall be operated between the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, except during listed holidays, or as otherwise directed by the Solid Waste Coor- dinator. The Contractor shall identify the location of the office and garage area that will be used to service the City. Additionally, the City shall be provided with a telephone number of a Con- tractor's representative with the authority to commit resources in an emergency or unusual cir- cumstance, 24 hours a day, seven days a week. 13. DATA COLLECTION The Contractor shall collect and maintain accurate data, records and receipts, and shall report to the City pertinent data, including but not limited to: 1 0 • Total tons of refuse collected per day from all curbside stops. • Total tons of refuse collected from multi-family dumpster stops & City buildings (sepa- rately listed) per month. • Total cubic yardage or tons of landscape waste collected per day. (Monthly for City buildings.) • Total tons of recyclables collected per day from all curbside stops. • Total tons of recyclables collected from multi-family dumpster stops & City buildings (separately listed) per month. • Total number& weight of white goods collected per day. • Total number of tires collected per day. • Total number of disposal stickers sold per month at each retail outlet (where applicable). • Total cubic yards or tons of solid waste collected per community clean-up or special event. • Total tons of street sweepings disposed of per month. • Additional statistical infornlation as may be reasonably requested by the City. The data shall be included with the monthly invoice and shall be provided in a format ac- ceptable to the City. The Contractor shall conduct quarterly surveys of each daily curbside col- lection area to determine setout rates and participation in the solid waste programs. The results of these surveys shall be reported to the City by the 15th day of the month following the end of each quarter. 14. PUBLIC EDUCATION The Contractor shall develop and implement a comprehensive public awareness program. The Contractor agrees that it is responsible for the cost of the education material and for their 11 distribution. This public awareness program shall include, but not be limited to the publication and mailing of a bilingual (English & Spanish) brochure with information about the City's Solid Waste & Recycling Program, on an annual basis throughout the term of this Agreement. This publication shall illustrate how materials are to be prepared for collection and emphasize the im- portance of recycling and waste reduction. All public education material must be approved by the City prior to printing & distribu- tion. The City reserves the right to edit all public education material for content. All costs asso- ciated with producing and distributing the public education materials will be the responsibility of the Contractor. The Contractor will be allowed to utilize the City's U.S. postal permit for mass mailings. However, the Contractor will be responsible for paying all associated postage fees. The Contractor agrees to provide the City with additional such educational materials as the City deems necessary. The Contractor also agrees to distribute information to residents via flyers placed in or on recycling container and/or waste receptacles, from time to time, as re- quested by the City. 15. COMPENSATION FROM THE PROPERTY OWNER OR TENANT The Contractor shall negotiate directly v■ith the property owner or tenant of the premises for any solid waste collection and disposal service in excess of the base level service provided under this Agreement. The property owner or tenant shall be solely liable for said cost. 16. TITLE TO WASTES All solid waste collected shall belong to the Contractor as soon as the same is placed in the Contractor's vehicle. 1 ? 17. DISPOSAL All solid waste collected shall be removed from the City as soon as it has been collected; but, in any event, not later than noon of the date following collection, and it shall not be disposed of in violation of any state, federal, city or county laws or regulations. Prior to the commence- ment of this contract, the Contractor shall notify the City in writing of the Disposal Sites that will be used to process or dispose of solid waste collected under this Agreement. The Contractor shall notify the City in writing of any changes in Disposal Sites used within thirty days of the proposed change. The City reserves and has the right and option to designate specific Disposal Sites, in- cluding but not limited to solid waste transfer stations, to be utilized by the Contractor for the processing or disposition of the solid waste collected by the Contractor pursuant to this Agree- ment. In the event the City designates a specific Disposal Site to be utilized by the Contractor such designation shall be in writing. In the event the City designates a specific Disposal Site to be utilized by the Contractor, the Contractor shall commence utilizing such Disposal Site for the processing and disposition of solid waste collected by the Contractor pursuant to this Agreement within thirty (30) days of such designation by the City. In the event the City designates a spe- cific Disposal Site such designated Disposal Site shall be located within the corporate limits of the City of Elgin. In the event the City designates a specific Disposal Site pursuant to this sec- tion, payments due from the City to the Contractor pursuant to this Agreement will be adjusted, up or down, based upon the actual change in disposal costs. Changes in disposal costs will be calculated based upon the Contractor's actual per ton costs for disposal at the disposal site being used by the Contractor for the processing or disposition of solid waste collected by the Contrac- tor pursuant to this Agreement as compared to the per ton rate that the Contractor would be 13 • • charged to process or dispose of solid waste collected by the Contractor pursuant to this Agree- ment at the Disposal Site designated by the City. The parties shall determine on a quarterly basis any additional disposal costs incurred or disposal cost savings realized by the Contractor in util- izing a Disposal Site designated by the City with such costs or savings to be calculated as pro- vided in this section. In the event it is determined based upon the calculation as provided in this Section that the Contractor has incurred additional disposal costs in utilizing a Disposal Site des- ignated by the City, the next payment due from the City to the Contractor for the services pro- vided by the Contractor pursuant to this Agreement will be increased in the amount of such addi- tional disposal costs for the preceding quarter. In the event it is determined based upon the cal- culation provided in this Section that the Contractor has realized disposal cost savings in utilizing a Disposal Site designated by the City, the next payment due from the City to the Contractor for the services provided by the Contractor pursuant to this Agreement will be decreased in the amount of such disposal cost savings realized by the Contractor for the preceding quarter. The parties agree to provide the other party with reasonable documentation necessary for the parties to make the determination on any additional disposal costs or disposal cost savings to the Con- tractor regarding the use of a Disposal Site specified by the City. In the event the City designates a specific Disposal Site to be utilized by the Contractor, and such Disposal Site is not owned, controlled or operated by the Contractor or an affiliated company of the Contractor, it is agreed that the provisions of Article 2, Section 9 entitled "CERCLA INDEMNIFICATION" shall not apply to the solid waste processed and disposed of by the Contractor at such a Disposal Site des- ignated by the City. The City has the right and may at any time rescind any previous designation of specific Disposal Sites to be utilized by the Contractor. In the event the City rescinds the des- ignation of a Disposal Site to be utilized by the Contractor such rescission shall be in writing. In 14 the event the City rescinds the designation of a Disposal Site to be utilized by the Contractor, the provisions regarding adjustment of payments to the Contractor and the non-applicability of Arti- cle 2, Section 9 entitled "CERCLA INDEMNIFICATION" as provided in this Section 17 shall no longer apply to such previously designated Disposal Site. 18. GUARANTEE OF RECYCLING & COMPOSTING The Contractor shall provide verification acceptable to the City that recyclables collected as part of this Agreement have been recycled, as well as the gross tonnage of said materials. Upon request, the Contractor shall also provide verification acceptable to the City that all landscape waste collected as part of this Agreement has been composted or processed in accor- dance with all applicable laws and ordinances. The Contractor shall actively work to expand the types of items accepted in the recycling program throughout the term of this Agreement. 19. RECYCLING DROP-OFF CENTER The Contractor shall provide, at no additional cost, a drop-off recycling center at a loca- tion acceptable to the City located within six miles of the City Limits. This drop-off location shall accept all of the recyclable items collected in the curbside program, plus used motor oil. The drop-off recycling center shall be open no less than three week days and every Saturday. Staffing of the drop-off recycling center shall be at the discretion of the Contractor. 20. SCHEDULE AND TIME OF COLLECTIONS The City of Elgin is divided into five collection areas for each day of the week as set forth in Exhibit 3 attached hereto and made a part hereof. Collections of solid waste shall be made in the five collection areas by the Contractor according to the schedule provided for in Ex- 15 hibit 3. Collections shall not commence prior to 7:00 A.M. or continue past 7:00 P.M. unless specifically authorized by the City's Solid Waste Coordinator. The schedule shall not be changed without first obtaining permission from the City's Solid Waste Coordinator and not without giving a minimum of sixty (60) days written notice to all parties affected. In the event that a schedule change is granted, the Contractor shall be re- quired to conduct, at minimum, the following public education activities at no cost to the City: (a) Produce and mail a notice to all affected households a minimum of thirty (30) days prior to the schedule change. (b) Publish advertisements in each local newspaper fifteen days prior to the schedule change. Failure of the Contractor to maintain said collection schedule will be considered a breach and default of the contract and grounds for immediate termination of the contract. Upon request, the Contractor shall provide the City with three (3) copies of the daily rout- ing schedule showing the approximate time the properties on each street are to receive collection services. 21. SCHEDULE ADHERENCE If at any time during the course of this contract, the Contractor shall collect any section of the City on a day other than the scheduled day, the Contractor shall notify the City that Contrac- tor is in violation of this Agreement. If a similar violation should occur once more within the three week period following the week of the original violation, the City will notify the Contractor by certified mail and withhold any further payment due under the Agreement until the Contractor has furnished evidence satisfactory to the City's Solid Waste Coordinator that the Contractor has taken necessary precautions to prevent further violations. Delays that are occasioned by holi- ?6 days, or by daily precipitation of one inch or more of rain, or six inches or more of snow, may not be considered as violations of this Agreement. The City's Solid Waste Coordinator shall be the sole judge of whether or not delays constitute a violation of this Agreement. 22. LOCAL IMPROVEMENTS The City of Elgin reserves the right to construct any improvement or to permit any con- struction in any street, which may have the effect of preventing the Contractor from traveling the Contractor's accustomed collection route(s) for a period of time. The Contractor, however, by an acceptable method, shall be required to collect the solid waste to the same extent as though no interference existed upon the streets formerly traversed. This shall be done without extra cost to the City of Elgin. The City will make every effort to provide the Contractor with advance notice of planned improvement projects that may affect solid waste collection services. 23. EMERGENCIES The Contractor agrees that should any emergency arise by reason of storm, tornadoes, or the like, which require additional hauling equipment by the City, the Contractor's equipment shall be placed at the City's disposal upon request for such temporary use, provided that upon such use the City shall pay the operating cost of such equipment and labor as it is used. The City reserves the right to direct which disposal sites are to be used during an emergency. 24. ACCIDENT PREVENTION Precaution shall be exercised at all times for the protection of persons (including employ- ees) and property. The safety provisions of all applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions 1 7 are not in contravention of applicable law. The Contractor shall immediately notify the City of any accident or spill of any kind that involves the general public or private or public property that occurs during the performance of this Agreement. Upon the City's request, the Contractor shall provide the City with a written report including the details of any such accident. 25. PLACE OF PICK-UP The Contractor is responsible for public curbside pick-up of all residential locations, or properly waivered residential private street locations, as well as designated City buildings, parks, special events, community service and public litter container locations. Curbside households are responsible for placing receptacles close to, but not encroaching upon the public street abutting the property from which they are provided, and shall be no more than two (2) feet from the pub- lic street curb and easily accessible to the collector. 26. PLACEMENT OF CONTAINERS The Contractor shall return all containers at each service location to the treebank area of the property, or from where they were collected. At no time shall containers be left in driveways or in traveled roadways. Containers will be placed, not thrown, and shall not be left lying on their sides, with all lids replaced and/or closed. Any contents spilled on the parkways, premises, or streets are to be cleaned up by the Contractor in a workmanlike manner. In order to clean up, a broom and shovel will be required on each vehicle. 27. REPLACEMENT DAMAGE The Contractor is responsible for damages resulting from its careless handling of any container. All containers that suffer damage caused by the Contractor shall be replaced by the Contractor at no extra charge to the owner of the container. Thereafter, the replacement contain- 18 ers so supplied shall belong to the owner of the damaged container. Containers shall be deemed to include, but are not limited to, the carts referred to in Article 3, Section 11. 28. HOLIDAYS Collections normally falling on the following holidays may be rescheduled for the first working day following the legal holiday, or on Saturday, as necessary, for the week only: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day At the request of the City, the Contractor may also be required to provide collection ser- vices on Sunday's and/or holidays from certain City-owned facilities, parks, special events and public litter containers. 29. COLLECTION FROM CITY-OWNED FACILITIES AND PARKS At no additional cost, the Contractor shall collect, transport, and dispose of all solid waste from City-owned facilities and parks as set forth in Exhibit 4. The Contractor shall furnish, at no additional cost to the City, at each municipal facility or park served, dumpsters and/or wheeled carts as specified in Exhibit 4. All containers fur- nished by the Contractor shall be equipped with non-removable hinged covers or lids. The City's Solid Waste Coordinator must approve any schedule changes in advance. 19 The City reserves and has the right to change services levels and add new services as necessary to existing facilities as well as new facilities that may be built or acquired during the life of the contract at no additional cost. 30. COLLECTION OF PUBLIC WASTE RECEPTACLES At no additional cost, the Contractor shall collect, transport, and dispose of all solid waste from City-owned public waste receptacles located along the public right-of way list of which is attached hereto and made a part hereof as Exhibit 5. These receptacles shall be furnished and maintained by the City. The City reserves the right to add new locations as necessary, not to exceed 10 per year, throughout the term of the contract. The City's Solid Waste Coordinator must approve any schedule changes in advance. 31. HOUSEHOLD HAZARDOUS WASTE PROGRAM SPONSORSHIP The Contractor will contribute to the City$1.00 annually per household stop covered un- der this contract, a minimum of$25,000 annually, to help offset cost of the City's Household Hazardous Waste Collection Program. Payment shall be made to the City annually during the month of November throughout the term of this Agreement and shall be based on the total num- ber of household stops invoiced for that month. The City reserves and has the right to modify the type of Household Hazardous Waste Program provided to residents. 32. COMMUNITY CLEAN-UPS The Contractor shall provide, at no additional cost, collection and disposal of solid waste collected as part of the City's Adopt-A-Highway Program, Community Restitution Program and neighborhood clean-ups. 20 33. COLLECTION VEHICLES All vehicles used for collection purposes, except those specifically exempted by other provisions of these specifications, shall have fully enclosed bodies with self-contained mecha- nisms to compress the material collected. Vehicles shall be labeled with a vehicle identification number, the firm's name, address, and telephone number visible on both sides. All vehicles shall be kept watertight. Drain plugs, if available, shall be kept closed, except during collections in rainy weather. All vehicles shall be maintained in good working order and appearance, substantially free of rust, and shall be clean at the start of each collection day. No vehicle shall be operated on the City's street that leaks any fluids from the engine or compacting mechanism. In the event that any vehicle is not properly operable, a substitute vehicle shall immediately be provided that complies with the terms herein: All vehicles used by the Contractor in the performance of this Agreement shall be maintained and operated in compliance with all applicable requirements of law. Prior to the commencement of this Agreement, the Contractor shall furnish the City with a complete list of the vehicles to be used in servicing this Agreement. The City reserves the right to request descriptive literature or specification sheets for each type of vehicle listed, as it deems necessary. Upon request of the City, the Contractor shall demonstrate that the collection equip- ment is suitable for the materials to be collected. The Contractor shall notify the City if there is any change in the number or type of vehicles being used. The City must approve all changes. 21 34. EMPLOYEES The Contractor shall undertake to perform all services rendered hereunder in a neat, or- derly and efficient manner; to use care and diligence in the performance of this Agreement; and to provide neat, orderly and courteous personnel on its crews. The Contractor shall agree to prohibit any drinking of alcoholic beverages by its drivers and crewmembers while on duty or in the course of performing their duties under this Agree- ment. The Contractor's employees will be attired, at all times, in a professional-type manner. These specifics will be agreed upon between representatives from the Contractor and the City. 35. UNACCEPTABLE MATERIALS Material placed out for collection that does not meet the criteria set forth in this Agree- ment shall not be collected. The Contractor will be responsible for notifying residents of any and all reasons why the materials were not collected. This will be done through the use of an adhe- sive "leave-behind tag" that will be placed on the resident's materials. Tags shall have a good pressure sensitive adhesive that will adhere to the "disposal unit" in all weather conditions. The "leave-behind tag" shall be bilingual (English & Spanish) and include the Contractor's name and telephone number. The "tag" shall clearly explain the reason(s) services were not provided and what actions, if any, can be taken by the resident in the future to ensure proper collection of ma- terials. Such notices are to be written, designed and printed by the Contractor at no additional cost to the City. The "leave-behind tag" to be used by the Contractor must be approved by the City prior to the commencement of this Agreement. The Contractor shall also keep an accurate daily record of property addresses where un- acceptable items are left behind, along with a description of the items or problem. This informa- tion shall be faxed to the City's Solid Waste Coordinator at the conclusion of each pick-up day. 36. CITIZEN COMPLAINT RESOLUTION The Contractor shall promptly investigate and courteously resolve all complaints of missed pick-ups and other service deficiencies within twenty-four(24) hours after a complaint or notification is received. In the event this occurs on a Friday, the complaint shall be serviced by the end of the day on Saturday. If the complaint or notification is received on a day preceding a holiday the complaint shall be serviced on the next working day. The Contractor and the City agree to jointly establish reasonable administrative regulations for the investigation and resolu- tion of alleged missed pick-ups. In the event of valid complaints for other incidents, including, but not limited to materials dropped during collection, and the like that are not cleaned up by the Contractor, the Contractor shall promptly arrange for clean-up within twenty-four (24) hours after a complaint or notifica- tion is received. The Contractor shall maintain a daily log of complaints received using an agreed upon form. A copy of these complaints and their resolution shall be provided to the City upon request. 37. LIQUIDATED DAMAGES The City shall have the right and the discretion to assess liquidated damages against the Contractor for service deficiencies by the Contractor, including, but not limited to, for the fol- lowing: • Failure to collect missed pick-ups within 24 hours of notification. • Non-completion of routes as scheduled. • Inappropriate behavior as a service representative of the City. • Failure to clean-up blown, broken or spilled material as specified on the collection route. • Excessive level of missed collections or other customer complaints. 23 • Lack of courtesy and responsiveness to citizens. • Failure to adhere to any other aspects of the contract Agreement. The City may deduct from payments due or to become due to the Contractor an assessment in the amount of not less than $100, but not more than $1,000 per occurrence, depending on the sever- ity of the deficiency. 38. BREACH OF CONTRACT If the Contractor violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the City has the right to seek such administra- tive, contractual or legal remedies as may be suitable to the violation or breach including, but not limited to, the right to terminate this Agreement. The Contractor shall be in substantial default of the terms of this Agreement if it fails to collect and dispose of solid waste in accordance with the schedule of service established by this Agreement for more than two (2) consecutive working days. When such a default occurs, the City shall evaluate any extenuating circumstances offered by the Contractor, and shall determine whether any such extenuating circumstances excuse the Contractor's failure to perform as re- quired. If in the City's sole judgment, sufficient extenuating circumstances have not been dem- onstrated, then the City shall serve notice to the Contractor stating that the Contractor will be in substantial default if the Contractor does not take action to re-establish the schedule within twenty-four (24) hours of said notice. If at the end of such twenty-four (24) hour period, the Contractor has not reestablished service in accordance with a City-approved schedule, the City shall take whatever action is nec- essary to furnish solid waste collection services required by this Agreement. 24 The Contractor shall fully reimburse the City for any expenses incurred to provide substi- tuted solid waste collection services from the date of the notice of default. If the Contractor fails to provide any service required under this Agreement, the City shall pay the Contractor only for services provided. In the event of a default under this Article 2, Section 38, the City shall have the right, but not the obligation, to terminate this Agreement. 39. AMENDMENT The final contract may be modified or amended only by a written Agreement executed by the parties or their authorized representatives. 40. INTENTIONALLY OMITTED 41. RIGHT TO REQUIRE PERFORMANCE The City's failure at any time to require performance by the Contractor of any of the specifications in this Agreement shall in no way affect the right of the City thereafter to enforce same. No waiver by the City of any breach of specifications in this Agreement shall be taken or held to be a waiver of any succeeding breach of such specifications in this Agreement, nor shall such a waiver of a single breach be taken or held to be a waiver of any specification itself. 42. SEVERABILITY The terms of this Agreement shall be considered to be severable. In the event that any of the terms of this Agreement shall be deemed to be void or otherwise unenforceable for any rea- son, the remainder of the Agreement shall remain in full force and effect. 43. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties, their successors and assigns. 25 44. ENTIRETY This Agreement, and any exhibits attached hereto, contains the entire agreement between the parties as to the matters contained herein. Any oral representations or modifications concern- ing this agreement shall be of no force and effect. 45. INSURANCE At the Contractor's expense, the Contractor shall secure and maintain in effect through- out the duration of this Agreement, insurance of the following kinds and limits to cover all loca- tions of the Contractor's operations. The Contractor shall furnish Certificates of Insurance to the City before starting or within ten (10) days after the execution of the Agreement, whichever date is reached first. All insurance policies shall be written with insurance companies licensed to do business in the State of Illinois and having a rating of not less than A-IX, according to the latest edition of the A.M. Best Company; and shall include a provision preventing cancellation of the insurance policy unless thirty (30) days prior written notice is given to the City. If requested, the Contractor will give the City a copy of the insurance policies. The poli- cies must be delivered to the City within two weeks of the request. The limits of liability for the insurance required shall provide coverage for not less than the following amount, or greater where required by law: (1) Worker's Compensation Insurance - Statutory amount. (2) General Liability Insurance: (a) Personal injury with limits of not less than $1,000,000 per occur- rence/$2,000,000 aggregate (b) Property damage with limits of not less than $1,000,000 per occur- rence/aggregate. 26 (c) Bodily injury with limits not less than $1,000,000 per occur- rence/$2,000,000 aggregate. (3) Auto Liability Insurance: (a) Bodily injury with limits not less than $500,000 per occurrence/$1,00,000 aggregate. (b) Property damage with limits not less than $500,000 per occurrence (4) Umbrella excess of$5,000,000 each occurrence, $5,000,000 aggregate The Contractor shall include the City as an additional named insured on the General Li- ability, Auto Liability and Umbrella Excess Insurance Policies. The General Liability, Auto Li- ability and Umbrella Excess Insurance Policies shall be written in occurrence form. This insur- ance shall apply as primarily insurance with respect to any other insurance or self-insurance pro- grams afforded to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is ex- cess or prorated it shall be endorsed to be primary with respect to the City. All insurance premi- ums shall be paid without cost to the City. The certificates of insurance to be provided to the City shall also include the contractual obligations assumed by the Contractor under Article 2, Section 46, entitled "Indemnification and Hold Harmless". 46. INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend and hold harmless the City, its officials, officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, expenses, attorney's fees, damages or other relief arising out of or resulting from or through or alleged to arise out of or resulting from any 27 willful misconduct or any reckless or negligent acts or omissions of Contractor's officers, em- ployees, agents or subcontractors in the performance of the services to be performed pursuant to this Agreement, including, but not limited to, matters involving any injury to, or death of the Contractor's employees, or to any other person, or damage to, or injury to real estate, or personal property. In the event of any action against the City, its officials, officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 47. CHOICE OF LAW This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 48. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: As to City: John Loete, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 As to Contractor: Tom Kleczewski Municipal Marketing Manager Waste Management of Illinois, Inc. 7 N 904 Route 25 Elgin, IL 60120 28 ARTICLE 3—MODIFIED VOLUME BASED PROGRAM 1. IN GENERAL Contractor shall provide the services described in this Agreement on a "modified volume basis" as defined in Article 2, Section 2(m) herein, and in this Article 3. 2. REFUSE Each eligible household stop shall receive 64 gallons of weekly refuse collection service by the Contractor as described herein below. (a) Curbside Households: Each dwelling unit within a curbside household will be provided with a 64-gallon wheeled refuse cart under the terms of Article 3, Section 11 to correspond with the base level service provided by the City. Residents shall have the option of substituting a 35-gallon cart at no additional cost to the City or resident. Residents shall also have the option to upgrade to a 96- gallon cart for a monthly fee. The monthly fee for the larger cart shall follow the same volume- based pricing specified herein based on the following formula: 96-Gallon Cart Upgrade: The Rate for One (1) Disposal Sticker x 4.33 The Contractor shall invoice the resident directly for the cost of these larger carts. These additional carts shall remain the property of the Contractor. The Contractor shall provide and make available additional carts to residents upon re- quest for a fee. The monthly fee for this service will be the cost of the additional volume of waste to be disposed of figured as follows: 35-Gallon Cart: The Rate for One (1) Disposal Sticker x 4.33 64-Gallon Cart: The Rate for Two (2) Disposal Stickers x 4.33 96-Gallon Cart: The Rate for Two (3) Disposal Stickers x 4.33 29 The Contractor shall invoice the resident directly for the cost of these additional carts. These additional carts shall remain the property of the Contractor. All garbage and refuse as herein defined that is designated for collection and disposal must be placed in the cart(s) provided. In the event of garbage or refuse in excess of the cart(s) provided, residents will be required to place a pre-paid disposal sticker on each disposal unit of refuse in excess of the provided cart(s) for collection by the Contractor. Residents who opt to downgrade to a 35 gallon refuse cart, shall be allowed to place one additional disposal unit of refuse, yard waste, household construction or demolition debris, or non-white good bulk item out for collection each week by the Contractor without a sticker. The Contractor will also make pre- printed 16-gallon plastic refuse bags available for one-half the price of a pre-paid disposal sticker, plus the cost of the plastic bag itself, which at no time during the term of this Agreement shall exceed twenty-five cents each. Residents shall be allowed to place unlimited amounts of disposal units in addition to the cart at the curb for collection by the Contractor with a pre-paid disposal sticker attached to each unit. (b) Multi-Family Dumpster Stops: The Contractor shall provide multi-family stops serviced by dumpsters with a 64-gallon base-level service, based on the number of households at each complex. The formula used to establish the base level refuse service for multi-family dumpster stops will be based on 205 gal- lons = 1 cubic yard. The Contractor shall receive payment from the City for the base level of service provided to each multi-family complex based on the number of household units served. Example: 54 (number of household units) x 64 gallons (base level of service per unit) 3,456 gallons or 16.8 cubic yards of service per week = Base Level Service 30 The Contractor shall provide a sufficient number of dumpsters serviced at specific collec- tion intervals in order to meet the established base service level. Each condominium/townhome association will be responsible for disposal costs in excess of the base level service provided by the City. These additional fees will be billed at a rate of $5.37 per cubic yard. The Contractor shall be responsible for billing each condomin- ium/townhome association directly for any excess disposal costs. Residents shall be responsible for affixing a prepaid appliance sticker on all white goods placed out for collection. Residents shall also be responsible for affixing a prepaid disposal sticker on all tires placed out for collec- tion and on any bulk items and household construction debris that can not fit inside of the dump- ster. 3. RECYCLING The Contractor shall provide all eligible households with unlimited collection of all recy- clables. Pre-paid stickers will not be required for properly prepared recyclables. (a) Curbside Households: The Contractor shall provide weekly curbside collection of all recyclable materials to all eligible households. The Contractor shall collect household recyclables in wheeled carts as specified in Article 3, Section 11 herein. Excess materials may be placed in recycling bins, boxes or other clearly marked containers. The Contractor shall also collect cardboard boxes folded or cut into pieces no larger than 3 feet x 3 feet square placed adjacent to designated recycling carts/containers. 31 (b) Multi-Family Dumpster Stops: The Contractor shall provide a sufficient number of 96 gallon wheeled carts or dumpsters serviced at specific collection intervals in order to meet the needs of each condomin- ium/townhome complex. All service schedules are subject to the approval of the City. 4. BULK ITEMS The Contractor shall provide weekly collection of properly prepared large household items, household construction debris and tires, as defined herein, from all eligible households. Residents shall be required to affix a pre-paid disposal sticker on each disposal unit for collec- tion. Residents shall be allowed to place unlimited amounts of properly prepared disposal units at the curb for collection by the Contractor with a pre-paid disposal sticker attached to each unit. 5. WHITE GOODS The Contractor shall provide weekly collection of properly prepared white goods, as de- fined herein, from all eligible households. Residents shall be required to affix a pre-paid appli- ance sticker on each white good placed out for disposal. Residents shall be allowed to place unlimited amounts of properly prepared white goods at the curb for collection by the Contractor with a pre-paid appliance sticker attached to each unit. 6. YARD WASTE The Contractor shall provide weekly yard waste collection service to all single-family curbside households from April 1st through November 30t, inclusive. During the month of April (April ls` through April 30`h, inclusive), the Contractor shall provide all single-family curbside households with unstickered yard waste collection service (the "Spring Yard Waste Collection"). Residents shall be required to place yard waste at the curb in paper yard waste bags for collection and may tie brush and branches into bundles measuring no longer than five(5) feet in length and two (2) feet in diameter during the Spring Yard Waste Col- lection. The Contractor shall collect and dispose of all yard waste during the Spring Yard Waste Collection on the regularly scheduled collection day for each single-family curbside household as designated in Exhibit 3 to this Agreement. From May 1st through November 30th, inclusive, the Contractor shall provide weekly, unlimited collection of bundled brush to all eligible households as part of the established base level service. All other yard waste disposal units, with the exception of the Spring Yard Waste Collection described in this section and the Fall Leaf Collection described in Article 3, Section 7, shall require a pre-paid disposal sticker for collection. Residents shall be allowed to place unlim- ited amounts of properly prepared disposal units of yard waste at the curb for collection by the Contractor with a pre-paid disposal sticker attached to each unit. 7. FALL LEAF COLLECTION The Contractor shall provide the City with up to six (6) thirty(30)-yard roll-off dumpster trucks with drivers daily to assist with on-street leaf collection during the Fall season. The City shall notify the Contractor of the exact number of trucks needed for the next day by noon of the preceding day during the Fall Leaf Collection season. The Contractor shall receive payment for roll-off truck and driver services described in this section through monthly invoice statements to the City based on the hourly rate provided herein. The Contractor will also be responsible for providing up to two (2) thirty (30)-yard roll-off dumpsters daily, as needed, at no additional charge, to dispose of leaves from Bluff City Cemetery. The Contractor shall also provide all single-family curbside households with unstickered leaf collection during a mutually agreed upon time established between the City and the Contrac- tor. This time period will commence no later than the 3rd Monday in October and will end No- 33 vember 30th. Residents will be required to place leaves at the curb in paper yard waste bags for collection. Pre-paid disposal stickers will not be required for bagged leaves during this period. The City of Elgin will provide a disposal site and pay tipping fees for all leaves collected as part of both programs during the designated time period. 8. CHRISTMAS TREE COLLECTION The Contractor will provide collection of Christmas trees from all single-family and multi-family household stops from December 26th through January 15`x', inclusive. Christmas trees shall be treated as yard waste. They shall be collected separately for mulching purposes and shall not be landfilled. Pre-paid stickers will not be required for Christmas tree collection during the designated time period. 9. BASE SERVICE RATES The City shall pay the Contractor for the listed services in Article 3, Sections 1 through 8, and for all of the other services and provisions of this Agreement for which a separate price and payment is not specified, according to the following schedule: (a) Single-Family $11.06/month/household (b) Multi-Family $ 8.04/month/household (c) Roll-Off Truck and Driver $76.65/hour The City shall pay the Contractor for the Spring Yard Waste Collection services de- scribed in Article 3, Section 6 at the rate of$0.21 per single-family curbside household per month, for a twelve-month period. In the event the City designates a specific Disposal Site for yard waste collected during the Spring Yard Waste Collection in accordance with Article 2, Sec- tion 17, and the City agrees to pay the tipping fees for yard waste collected during the Spring Yard Waste Collection, the City shall pay the Contractor for the Spring Yard Waste Collection 34 services described in Article 3, Section 6 at the rate of$0.18 per single-family curbside house- hold per month, for a twelve month period. 10. PRE-PAID STICKERS & BAGS (a) Use The Contractor shall collect certain solid waste items under the Modified Volume Based Program, as defined herein, through the use of pre-paid stickers and bags. The total cost for the collection and disposal of said items shall be included in the pre-paid sticker and bag rates. The types of pre-paid stickers that shall be used in the program are as follows: 1. Disposal Sticker One disposal sticker shall be required to dispose of each properly prepared disposal unit of refuse, yard waste, household construction or demolition debris, or non-white good bulk item, as defined herein. 2. Appliance Sticker One appliance sticker shall be required to dispose of each properly prepared white good, as defined herein. (b) Design and Accountability The Contractor shall be responsible for the printing, distribution, and sale of an ample and always available supply of pre-paid stickers and refuse bags. The City reserves the right to approve the form, design, wording and quality of the stickers and refuse bags before their fabri- cation. Pre-paid stickers shall be produced on paper and have an elongated rectangular form with minimum dimensions of 7.5 inches in length and 1.4 inches in width. The front of the sticker shall be of a bright, neon colored background and bear the Contractor's name and phone number 35 and an approved City logo. In addition the front of the sticker shall have the word "address" with a space for residents to write their address if they so desire, and shall also have the date this Agreement expires listed as an expiration date. The back of the sticker shall list instructions for proper use of the stickers as well as other information pertinent to the solid waste program. Stickers shall have a good pressure sensitive adhesive that will adhere to the "disposal unit" in all weather conditions. The Contractor is responsible for all accounting of stickers. Serial numbers shall be printed on each sticker to aid in accounting and deter counterfeiting. The City shall not be held liable for any counterfeiting of stickers that may occur. (c) Distribution The Contractor shall arrange for a minimum of six (6) local retail outlets to aid in the sale of the stickers and 16-gallon refuse bags. The City also agrees to act as a sticker and bag retailer for the Contractor. The Contractor shall also make disposal stickers and bags available through the mail (10 sticker/12 bag minimum). The Contractor shall be authorized to add the cost of postage only to the cost of disposal stickers and refuse bags sold through the mail. The City shall not incur any liability for retailer's payment or other obligations to the Contractor for the stickers or bags. The Contractor shall be solely responsible for collection of sticker and bag sale proceeds. Residents shall have the right to purchase refuse stickers in as small a quantity as one (1) sticker at a time. Pre-paid 16-gallon refuse bags shall be sold in quantities of a minimum of twelve (12). The Contractor shall be permitted to sell stickers and refuse bags to retailers on a billable basis only. The Contractor shall not charge retailers or the City for storage, handling, delivery, or any other services associated with the distribution of stickers and refuse bags. The Contractor 36 shall have the right to cease supplying stickers and refuse bags to any retailer that repeatedly al- lows its inventory to run out. Retailers will be required to pay the Contractor for any previous order before additional sticker orders are filled, except in cases where the retailer works on a thirty (30) day billing cycle. The Contractor shall have the right to cease supplying stickers and refuse bags to any retailer who becomes more than thirty (30) day in arrears in making payments on its account. The Contractor shall notify the City of the names of retailers to which the supply of stickers and refuse bags has been suspended as soon as the suspension occurs. The Contractor will supply a list of participating retail outlets on October 1st of each year of the Agreement. (d) Honoring All Stickers The Contractor shall agree to honor all pre-paid stickers and refuse bags purchased by residents throughout the term of this Agreement regardless of the price at which they were pur- chased. The Contractor shall provide the same level of service for previously purchased stickers and refuse bags as is provided for stickers and refuse bags sold at an adjusted sale price. For this reason stickers and refuse bags shall be produced without a price printed on them. Should the City select a different hauler at the expiration of this Agreement, the Contrac- tor agrees to refund all customers the full purchase price of any pre-paid disposal stickers re- turned to the Contractor within forty-five (45) days after such Agreement expires. The Contrac- tor will reimburse retailers as appropriate for returned or unsold disposal stickers within sixty (60) days from the expiration of the Agreement. (e) Cost The listed stickers and bags shall be sold according to the following schedule: (1) Disposal Sticker $2.04/each 37 (2) Appliance Sticker $25.55/each (3) Pre-paid Refuse Bag $1.12/each (f) Administrative Fees The City reserves the right to add a fixed administrative surcharge to all sticker and re- fuse bag sale prices quoted. The surcharge shall be used to defray the expenses incurred by the City for administering this Agreement and program. Should the City choose to add an adminis- trative surcharge to the pre-paid sticker or bag sale price, the Contractor shall submit a monthly accounting of total sticker and bag sales and remit a check to the City equal to the amount of the administrative surcharge multiplied by the monthly accounting of total sticker and bag sales. Such a report and remittance shall be due no later than fifteen (15) days after the close of the month. The City reserves the right to change the amount of the surcharge and shall notify the Contractor by August 1st, prior to any scheduled sticker or bag price adjustment of a new admin- istrative surcharge. 11. WHEELED CARTS (a) Refuse Carts The Contractor shall provide one (1) refuse cart for each dwelling unit in every eligible curbside household. The size of the refuse carts shall be 35, 64 or 96-gallon carts, as determined by the City. The Contractor or his designee shall invoice the City directly for the cost of refuse carts purchased as part of this Agreement at a rate not to exceed $36.28 per cart for the first year of this Agreement. This rate shall include all shipping, assembly, distribution, maintenance and warranty as specified herein. Annual rate increases for subsequent years for refuse carts shall be limited to the Consumer Price Index for Chicago-Gary-Kenosha beginning in November 2003. 38 The Contractor shall provide and make available additional carts to residents upon re- quest for a fee. The monthly fee for this service will be the additional volume of waste to be dis- posed of calculated as set forth in Article 3, Section 2(a). The Contractor shall invoice the resi- dent directly for the cost of these additional carts. All refuse carts distributed to residents as part of this agreement shall become the City's property, including the remaining warranty, with the exception of additional carts requested by residents with such additional carts remaining the property of the Contractor. All maintenance or replacement of carts shall remain the Contractor's responsibility at the Contractor's cost until the expiration of this Agreement. (b) Recycling Carts The Contractor shall provide one (1) recycling cart to each for each dwelling unit in e�ery eligible curbside household. The size of the recycling carts shall be 35 or 64 gallon carts, as determined by the City. All recycling carts distributed to residents as part of this contract shall become the City's property including the remaining warranty. Any maintenance or re- placement of recycling carts shall remain the Contractor's responsibility at Contractor's cost un- til the expiration of this Agreement. There shall be no additional charge or cost to the City or residents for such recycling carts it being agreed and understood that the costs and charge for such recycling carts has been incorporated into the base service rates to be paid to the Contractor pursuant to this Agreement. (c) Cart Design The wheeled carts shall be designed to contain solid waste including garbage, refuse, rubbish, yard clippings, and recyclable materials. The cart must be serviceable by both semi- automated and fully automated collection systems. Each cart must have a separate serial number for identification purposes. The color, style and design of all carts utilized under this Agreement shall be determined solely by the City. (d) Distribution The Contractor shall be responsible for distributing all carts provided under this Agree- ment. Carts shall be delivered, fully assembled, to all current and future curbside households and/or properties covered under this Agreement. The Contractor shall be responsible for ex- changing or delivering new carts, upon request. The Contractor shall maintain an adequate sup- ply of carts on hand in order to meet demand. The Contractor shall be responsible for recording the serial numbers of each cart as they are delivered to each household, as well as to each City park and/or facility. (e) Consumer Education The Contractor shall be responsible for providing and distributing instructions (in both English and Spanish) on the proper use of the carts, at no additional cost to the City. These in- structions for use shall be included with the carts at the time they are delivered to each house- hold. Both the Contractor and the City will make available written materials explaining the ownership and stipulating that the containers remain at the property in the event the residents re- locate. (f) Technical Specifications The polyethylene resin used in the construction of the cart and lid shall contain a mini- mum 25%recycled plastic (10%post-consumer). The body of the container shall be composed 40 of recyclable high-density polyethylene resin. The body and lid of the container shall be resis- tant to damage by rodents and other pests. The containers when empty, must not overturn when the lid is thrown fully open. The containers must be designed to prevent being turned over by winds up to 40 mph (30 mph for the 35 gal cart). The container body shall be free of pockets, recesses or significant intrusions that could trap debris or interfere with the discharge of refuse. At minimum, there shall be sufficient space allocated on the right and left sides of the body of the container for the hot stamping/ imprinting of a municipal or program logo, as deter- mined by the City, into the plastic surface of the cart. The images shall not fade, discolor, or disfigure and shall not peel or wear off under normal use conditions. The lid must be of one-piece construction, injection molded of high-density polyethylene resin, domed to facilitate water run-off. The lid must be permanently attached to the body. No lid latches will be accepted. Lid will be held closed by its weight only. An insert attachment hook must be molded into the undersurface of the container lid to accommodate the distribution of information inserts. At minimum, there shall be sufficient space allocated on the outside panel of the con- tainer lid for the hot stamping of black and white images into the plastic surface of said lid con- veying safe and proper use, descriptive collection program information or graphic depictions. The images shall not fade, discolor, or disfigure and shall not peel or wear off under normal use. All plastic parts must be specifically prepared to be colorfast so that the plastic material does not alter appreciably during normal use. Containers will have not less than one half of one percent (.5%) pigments by weight. Each container shall meet the following minimum size specifications: 41 35 Gallon 64 Gallon 96 Gallon Load Weight Capacity 125 lbs. 200 lbs. 250 lbs. Load weight capacity shall not include the weight of the container. (g) Maintenance The Contractor will be responsible for the maintenance and replacement of carts that are malfunctioning, damaged or missing at no additional cost to the City or resident. The Contractor shall fix or replace carts within two weeks of the reported problem. (h) Warranty The carts and all related parts must be covered by a ten(10) year warranty including de- fects in materials, workmanship, design, repair and maintenance. Any defects or components of the containers that fail to perform as originally designed or specified in this Agreement shall be replaced at no charge to the City. The warranty shall include,but not be limited to: • Failure of the lid to prevent rainwater from entering the container when closed on the container body. • Damage to the container body, the lid, or any component parts through opening or closing the lid. • Failure of the lid hinge to remain fully functional and continually hold the lid in the originally designed and intended positions when either opened or closed. • Failure of any metal components to remain free of excessive rust and corrosion, to be determined by the City. • Failure of any plastic component to be resistant to damage in the event of contact with any common household or residential product/chemicals. 42 • Failure of any portion of the bottom of the container body to remain impervious to wear-through despite repeated contact with rough and abrasive surfaces. • Failure of the container body, lid, hardware, or any component parts to maintain their original shape. • Failure of the wheels to provide continuous, easy mobility as originally designed or intended. • Failure of any container, container body, lid, wheels, or other component part to conform to the minimum standards specified herein. 12. SPECIAL EVENT SERVICES (a) Description of Services The Contractor shall provide portable toilets, hand washing units and roll-off dumpsters for various festivals and other special events sponsored by the City. The Contractor has provided the City with a total of eighty 64-gallon wheeled carts (forty black carts with"TRASH ONLY" imprinted on each lid and forty burgundy carts with `RECYCLABLES ONLY" imprinted on each lid) for special event use. It is understood that these special event carts have become the City's property including the remaining warranty. Any maintenance or replacement of special event carts shall remain the Contractor's responsibility at Contractor's cost until the expiration of this Agreement. The special event carts provided under this section shall be subject to the provi- sions set forth in Article 3, Sections 11(c), 11(f), 11(g) and 11(h). (b) Payment for Services The Contractor shall receive payment for all services described in this Section through single event invoice statements to the City. These statements will detail the sizes and number of dumpsters delivered, as well as the number of portable toilets and hand washing units utilized. 43 Rates are as follows: Regular Portable Toilet $74.61/unit Handicapped Accessible Portable Toilet $97.09/unit Hand Washing Unit $97.09/unit Roll-Off Dumpsters: 20 yd $270.83 30 yd $373.03 40 yd $475.23 (c) In-Kind Services The Contractor shall provide up to $5,000 annually of in-kind services including, but not limited to, portable toilets, hand washing units and roll-off dumpsters for City of Elgin sponsored special events during the term of this contract. Examples of these events include: the 4th of July Parade, Fine Arts Fest (August) and Fox Trot (May). In return, the Contractor will be listed as a Silver Sponsor for the designated events. The value of the in-kind service will be based on the contract price included herein. 13. STREET SWEEPING DISPOSAL (a) Description of Services The Contractor shall provide a street sweeping disposal site located within five (5) miles of the City's corporate limits where the City can bring street sweeping material for disposal. This site must be accessible to City equipment. (b) Payment for Services The Contractor shall receive payment for these services through a separate monthly in- voice to the City. Payment will be made based on the volume of material brought to the site by the City for disposal, at a rate of$42.41/ton. The Contractor shall issue load tickets to each City 44 vehicle at the time of disposal indicating the date, vehicle number and volume of material dis- posed of. 14. DISASTER CLEAN-UP SERVICES (a) Description of Services In the event a disaster, as declared by the Public Works Director, strikes the City result- ing in excessive amounts of refuse, the Contractor will arrange for additional vehicles and em- ployees to maintain a normal collection schedule or a closely related schedule agreeable to the City. The Contractor will be responsible for servicing the community in a timely manner, within one week of the disaster. The City is dedicated to proper disposal of materials requiring such service. However, the Contractor is expected to assist the City in encouraging recycling and drop-off alternatives for other materials that may be discarded by the public following a disaster(items such as appli- ances and brush). In order to insure the proper handling, recycling or disposal of all materials generated by a disaster, the Contractor will service the community primarily through curbside collection and the City will designate if and where any dumpsters will be placed. (b) Payment for Services The City and the Contractor will negotiate a flat fee to be paid for the services based on the additional level of service required, the volume of material disposed of, number of vehicles servicing the area, and extended hours of operation. This fee will be in addition to the cost asso- ciated with the normal service already provided for through the general agreement. The Contrac- tor will be responsible for providing all necessary data and a separate invoice for the disaster ser- vice. 45 15. PROPERTY MAINTENANCE CLEAN-UPS (a) Description of Services In the event that a property owner fails to comply with the City's solid waste program regulations, the City may take corrective action to remove miscellaneous refuse and debris that has been left on the treebank area of the property in order to ensure the health and safety of the public. Within twenty-four hours of the receipt of a request from the City, the Contractor shall collect & dispose of refuse from specific properties located within the City limits. The Contrac- tor will not be expected to enter onto private property to conduct these clean-ups. It is the City's expectation that the property shall be left completely free of refuse and debris upon completion of the clean-up. (b) Payment for Services The Contractor shall receive payment for these services through a separate monthly in- voice to the City. Payment will be at a rate of$18.40 per cubic yard of solid waste material re- moved from each site and said rate shall include all equipment and labor costs. The Contractor will be responsible for submitting the appropriate load tickets with monthly invoices indicating the address, date and time of the clean-up and the number of cubic yards collected from each lo- cation. 16. OPTIONAL UTILIZATION OF ADDITIONAL SERVICES The City has the right and option to utilize additional services of the Contractor during the term of this Agreement. Upon written notice from the City to the Contractor, the Contractor shall provide the following services at the following rates: (a) Annual Spring Cleanup 46 The Contractor shall provide an annual spring cleanup for one (1) week each year. Dur- ing this period, the Contractor shall collect unlimited properly prepared disposal units of large household items, household construction and demolition debris, yard waste, white goods and ex- tra refuse from all single family and multiple family households without a prepaid sticker. The City will work with the Contractor to establish reasonable guidelines to limit program abuse. The specific week of the annual cleanup shall be established between the City and the Contrac- tor. The Contractor shall receive payment for such annual spring cleanup services as part of the monthly invoice to the City at an annual rate of$10.79 per household, payable as $0.90 per household, per month, over a twelve (12) month period. (b) Street Sweeping Disposal (Using Roll-Off Dumpsters) The Contractor shall provide a sufficient number of roll-off dumpsters on an as-needed basis, at locations to be designated by the City, for the disposal of all street sweepings generated as part of the City's daily operations. The Contractor shall be responsible for picking up and de- livering containers within twenty-four (24) hours upon request from the City for service. The Contractor shall receive payment for such street sweeping service disposal with roll-off dump- sters through a separate monthly invoice to the City at a rate of$56.21 per ton. Payment will be based on the number of tons disposed of. (c) Fall Leaf Disposal Site The Contractor shall provide a disposal site for leaves collected by both the Contractor and the City during the fall leaf collection program. The Contractor shall receive payment for the service of providing a fall leaf disposal site as part of the monthly invoice to the City. Pay- ment will be made based on the volume of material disposed of at a rate of$11.24 per cubic yard. The Contractor shall issue load tickets to each vehicle at the time of disposal. 47 17. MISCELLANEOUS The Contractor shall collect and recycle empty old recycling bins, at no additional cost to the City or residents. Prepaid disposal stickers shall not be required to dispose of empty, old re- cycling bins. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first set forth above. CITY OF ELGIN WASTE MANAGEMENT OF ILLINOIS, INC. By By City Manger Attest: Attest: cam City Clerk 48 EXHIBIT I CITY OF ELGIN CURBSIDE MULTI-FAMILY SERVICE LOCATIONS & COLLECTION SCHEDULES Complex Closest Intersection Account No. Service Dav # of Units Century Oaks West Creekside Circle & N. Lyle 101-12087 Friday 150 obbler's Crossing-South Rt. 58 & Shady Oaks Ur. 101-12086 Monday 4 36 Cobbler's Crossing-North Toastmaster& Congdon 101-16025 Monday 1 60 College Green Dr. between Randall & College Green S. McLean Blvd. 101-46663 Thursday 388 Countryfield Shales Parkway& Summit St. (Rt. 58) 101-70567 Monday 22 Fieldstone Rt. 19 & Littleton Tr. 101-28102 Tuesday 339 Amber Ln; south of Hopps Rd., off of Fox Ridge Knotty Pine Dr. 101-29995 Thursday 43 i NE corner of Randall Rd. & I lighland Hickory Ridge Ave. 101-15696 Friday 52 Highland Springs Highland Ave. & Highland Springs Dr. 101-12333 Friday 106 Lincolnwood Terrace Presidential Ln. & Highland Ave. 101-12336 Thursday 16 Milicreek Randall Rd. & Fletcher Dr. 101-28773 Friday 89 Mulberry Grove Umbdenstock& Montclair Dr. 101-54656 Thursday 84 Neutrenton Bode Rd. & Shales Parkway 101-70974 Tuesday 5 Oaks Club Tall Oaks Dr. & Randall Rd. 101-12335 Thursday 46 Oakwood Hills Rt. 19 & Woodview 101-12334 Tuesday 321 Park Bluff Willard Ave. & Bode Rd. 101-31781 Tuesday 26 Pine Meadow S. McLean & Bowes Rd. 101-28775 Thursday 68 Regency Woods Condos 17-33 Garden Crescent 101-56461 Friday 1 7 North side of W. Highland Ave. Sandy Creek Manor Homes between Airlite & Lyle Ave. 101-15698 Friday 27 Sierra Ridge Condominiums College Green Dr. & Mesa 101-18718 Thursday 113 Spring Cove 1700 W. Highland Ave. 101-15695 Friday 10 North side of Big Timber,just east of Spring Oaks Randall Rd. 101-15697 Friday 17 Stonegate of Century Oaks Big Timber& N. Lyle Ave. 101-12331 Friday 78 Tyler Bluff Florimond & Big Timber 101-28772 Friday 60 NE & NW corners of Waverly& Waverly Commons Condos Jefferson 101-28776 Monday 72 Williamsburg Terrace W. Highland Ave. & Governors Ln. 101-15699 Thursday 13 West of Umbdenstock, between Willow Bay Club Bowes & l lopes Rd. 101-26141 "1 hursday 143 • 1 , . Complex Closest Intersection Account No. , Service Day # of Units Windmere Cove Condos . Nautical Way& South St. 101-28774 Thursday 48 Woodbridge Townhomes H- College Green Dr. &Randall , 101-12332 Thursday 113 Woodland Meadows Bode Rd. &Deer Run Ln. 1 101-29994 Tuesday 86 , _L N. Clifton 101-54657 Friday 2 12 N l. Douglas 101-20719 Tuesday 1 TOTAL 3,151 3/9/2004 2 EXHIBIT 2 -T -- - _ CITY OF ELGIN CURBSIDE MULTI-FAMILY SERVICE LOCATIONS COLLECTION SCHEDULES 1 1_Trash Collection Recycling C — 1_ y g Collection Complex Location Account No. t #Units Containers Days 96 Gal. Carts 1- Day(s) College Park Square SE South St. & Randall 101-18102 35 J 5 -2 yd Wed 6 Wed Denver Condos ! 712 W. Highland 101-16113 6 1 -2 yd Sat 2 Wed 7-2yd,4-4yd, Garden Quarters NW Wing&Garden Crescent Dr. 101-3379 169 ! 3-6 yd. Tues/Fri 22 Wed q Kennington Square Rt. 58 & Circle 189 101-27399 189 6- 8 yd, 1-6 yd I Mon/Thurs ! 18 i Wed Lords Park Condos Terrace Ct. (south side) 101-27394 35 3-2 yd j Mon/Thurs 2 } Wed Maplewood Condos North side of Highland, end of Heine 101-27400 16 1-4 yd Tues/Fri 2 Wed Park Terrace 764-774 Terrace Ct. 101-17338 1 18 I 2-2 yd Thurs 2 Wed Regency South NE Randall & South St. 101-25742 54 8-2 yd Thurs 8 Wed Sandy Creek Condos N. side of W. Highland, west of Lyle 101-27496 60 5 -2 yd Tues/Fri 6 i Wed Shoe Factory Homes NE Congdon&Dundee 101-28565 27 2-2 yd Tues/Fri 4 Wed Stonebriar Condos NW Highland&N. Lyle 101-24878 20 3-2 yd Tues/Thurs 4 _ _ Wed IL-Stonegate of Valley Creek NE'l-lighland& Airlite 101-17657 24 4-2 yd Tues 4 Wed Mon/Wed/ Tyler Tower Condos Plymouth Ln. 101-27396 72 4-2 yd { Fri 8 Wed Total 725 - i 1 3/9/2004 EXHIBIT 3 CITY OF ELGIN SOLID WASTE COLLECTION SCHEDULE w. 1 Monday YtOYld; 4 ___ G C. SUM1 ,T 1 oi BWIN / . Thursday �nY ::::::: :: EXHIBIT 4 L i a CITY OF ELGIN MUNICIPAL FACILITIES SERVICE LOCATIONS&COLLECTION SCHEDULES I.---- r j L _ L Trash Per Recycii� L Commingle Recycling Yard Waste ,Building. _ -. Address Account Number Containers Service ; Containers Service Containers Service Containers Service _■ Ct,Hall 150 Dexter Ct_ 101-3889 2-2yd ( Mon-Fri 2-2yd Mon/Wed/Fri 1-96 gal lx wk n/a n/a Police Dept ___, 151 Douglas Ave. 101-18978 2-2 yd Mon-Fri j 2-2yd Mon/Wed/Fri-- - - -- - - - - —_- 1-6 d Mon/Wed/Fri - --� - Public Works 1900 Holmes Rd. 101-59971 1-8 d Mon/Wed/Fri 2-96 gal Ix wk I- Mon/Wed/Fri ri — + 1 Hemmens Cultural Center 1s nmpo>y 45 Sh Way 101-3868 1-4 y 2x wk-d Mon/Wed/Fri 1- d Mon/Wed/Fri { 2-96 gal IN wk Parks&Rec Office 3 1 S.Grove 1-2 d 122 d lx wk I-96 gal I x wk Water Meter Shy ,_ _ 2 Slade Ave. 101-4256 1-2 yd Thursday 1-2 yd Thursday 1-96 gal Wednesday Riverside Treatment Plant F 375 W.River Rd. 101-3867 1-G Thursda d d Thursa 1-96 gal Monday Y Thursday 1-2 Y d-Y Y Thursd yd gal Monday g al Monday � Water Treatment Plant ! 74 N.Airlite 101-3875 1-2 Y - a 1-96 Monda 1-96 a --- I y I Fire Station#1 - 1- 550 Summit 101-3866 1-6 yd lx wk 2-9.6 gal Monday* 1-96 gal Monday* ,r. 1-2 yd 4 on-call ■ Fire Station#1 550 Summit 101-3887 I _ Fire Station#2 650 Big Timber _ 101-3865 1-4 yd Mon/Fri 2-96 gal Friday* ■ 1-2 yd _ on-call Fire Station#3 i 2455 Royal Blvd 101-4201 1-2 yd I lx wk 1-96 gal Friday Fire Station#4 599 S.McLean 101-4199- 1-2 yd Ix wk 1-96 gal Thursday Fire Station#5 804 Villa St. 101-4200 1 I-2 yd lx wk 1-96 gal Tuesday* I-2yd { on-call rl-sSt - --- Fire Barn#5 St.Charles St. 101-30814 1-96 gal lx wk 1-96 g al Wednesda y* Wing Park Maintenance Barn ,, 2-0 d 3x wk 1-6_yd 1 3x wk Wing Park Golf Course btwn Pavillion&ballfelds 101-16663 1-2 yd lx wk 1-6 yd 3x wk_ _ 1 Hawthorne Hills Park& NE corner of Randall Rd.&, To be set up at a later Nature Preserve Foothill date The Highlands Golf Course S.McLean&Spartan 1-8 yd 2x wk 1-6 yd f 3x wk Elgin Sports Complex S.McLean&Spartan 101-30813 2-8 yd 3x wk 1-8 yd 2x wk I-6 yd 3x wk Trout Park Rt.25&Trout Park Blvd. 101-30825 1-4 yd 2x wk { I . Lords Park Grand Blvd/Franklin 101-3950 2-8 yd- 3x wk _ 1-6yd I 3x wk (Docsglas Ave.enclosure) 3-2 yd 5x wk 2-2 yd 3x wk 5-96 gal 2x wk 7 The Centre 100 Symphony Way (Symphony way enclosure) I-2yd I on-call 1-2 yd on-call Serviced by the City i City Skate Ice Rink 150 Dexter Ct.frear) (Seasonal) 4-96 gal 3x wk Bluff City Cemetery Bluff City Blvd. 101-45417 1-4 yd lx wk TI 1-96 gal Wednesday* 1-4 yd 2x wk Elgin Public Museum- - Old Main' 360 Park St-Parking Lot 101-57790 1 1-96 gal Ix wk 1-96 gal lx wk Elgin Public Museum 2.25 Grand Ave. 101-56748 1-96 gal Ix wk { 1-96 gal Ix wk American Little Lea ue 2x wk Hiawatha Summit � 1 1-2 41 I-4 d 1- -_ _ _ National Little League Hiawatha&Summit 101-20042 1-4 yd 2x wk Classic Little League Win_g Park 101-20040 1-4 yd 2x wk Continental Little League I S.State St. 101-20039 1-4 yd 2x wk Various Locations Summer Camps ! (approx.5 locations) 5 to 7-96 gal 2x wk Seasonal _ _ ROPE HOUSE* 310 N.Spring To be set up at a later date I ROPE HOUSE* j 417 Lovell ,_To be set up at a later date i _t 1 3/9/2004 Trash Paper Recycling_-- Commingle Recycling Yard Waste Building_ I Address Accounpt Number Containers _ Service i Containers ! Service Containers ; Service I Containers Service - I - _ _ - • _ . RO PPE HOUSE• - i 326 489 Fremont — To be set up u a later date I li- _ j _ .._ _—_ _. _i_ _---- — _ ;-- --—--__-- ROPE HOUSE• t 429 Jay To be set up at a later date ROPE HOUSE•_ I 110 N.Union To be setup at a later date • ROPE HOUSE 367 McClure — To be set u p at a later date I--- _. - - --- --- _ ___ _ _ .-. - "Serviced through the curbside program I{ I i . 2 3!9/2004 EXHIBIT 4 CITY OF ELGIN MUNICIPAL PARKS SERVICE LOCATIONS & COLLECTION SCHEDULES -) I Park Location Trash Carts Service Day/Frequency Barclay Park Dundee, North & Center 1 Tuesday Burnidge Woods Park Banks Dr. 1 Friday Central Park S. State& Standish St. 1 Wednesday Century Oaks N. McLean& Forest Ave 2 Friday Clara Howard Fremont St. 1 Tuesday Clifford, Oswego &Frazier, Clifford-Owasco (enter off Mable) 1 Friday Corley Drive Park Corley&Longford 1 Tuesday Douglas Ave_ _ Douglas &Kimball 1 i Tuesday Drake Field _ Hastings Ave. & Lavoie Sty: @20 Mon/Friday(June-Nov) Eagle Heights Deborah&Kimberly 1 Friday Elgin Sports Complex S. McLean & Spartan Dr. @25 Mon/Wed/Fri (seasonal) Frazier&Clifford (access Frazier Park I off of mabel 1 Friday DuPage/Fulton/Chapel/ Gifford Park Park Row 2 Mon/Fri Souster Ave. & Willis St. Grolich Park — Rt. 20 By-Pass 2 Mon/Wed/Fri Hawthorne Hills NE corner of Randall Rd. & to be set up at a Park/Nature Preserve Foothill Dr. later date Bode/Grand/Hiawatha/ Lords Park Oakwood Dr. several (varies) - Mon/Wed/Fri Bode/Grand/Hiawatha/ Mon/Wed/Fri Lords Park Pool Oakwood Dr. @17 ((Memorial Day-Labor Day) Memorial Park Villa/Prairie/Chapel 1 Tuesday Millennium Park Columbine/College Green 2 Thursday Observatory Park I National & St. Charles St. 2 Wednesday Powder River Path Powder River Path 2 Friday Randall Ridge Park Dead End of Winchester Dr. 1 Mon/Fri Ryerson Park S. State &Ryerson Ave. 2 Wednesday 1 3/9/2004 Park Location Trash Carts Service Day/Frequency Jefferson/Prospect/Plum/ St. Francis Park Center 1 Monday Summer Hill Park Concord & Thoreau 1 Tuesday Dundee/Duncan/Trout Park @30 (includes Trout Park Blvd. ballfield) Mon/Wed/Fri Wing Park Wing St. & Wing Park Blvd. several (varies) Mon/Wed/Fri Mon/Wed/Fri (Memorial Wing Park Pool Wing St. & Wing Park Blvd. @25 Day-Labor Day) Wing St. Park N. State St. & Wing St. 1 Friday Willow Bay Park Willow Bay& Annandale Dr 1 Thursday Wright Ave. Park Wright Ave. & Kramer 1 Wednesday Zayres Park Mulberry Lane 1 Thursday Mon/Wed/Fri American Little League Hiawatha & Summit @16 (April - October) Mon/Wed/Fri National Little League Hiawatha& Summit @16 (April - October) S. State St., behind Sec.of Mon/Wed/Fri Continental Little League State's Office @25 (April - October) Mon/Wed/Fri Classic Little League Wing Park @12 (March- Sept.) Twice per week Summer Camps Various Locations (approx.5) varies (June - August) 2 3/9/2004 EXHIBIT 5 CITY OF ELGIN PUBLIC REFUSE RECEPTACLES SERVICE LOCATIONS & COLLECTION SCHEDULES Downtown Collection Day State St. between Highland and Chicago (7) Mon/Wed/Fri <9 State St. (El Farro's) Mon/Wed/Fri <NE State&Chicago Mon/Wed/Fri <NW State&Chicago Mon/Wed/Fri < 10 State St. Mon/Wed/Fri <NE State&Highland Mon/Wed/Fri <SE State&Highland Mon/Wed/Fri < SW State&Highland Mon/Wed/Fri — - -- ---- --- --------------- - ---------- Highland Ave. between N. Grove & State St. (1) <NE corner of Riverside Dr. &Highland Mon/Wed/Fri N. Grove between Highland & Chicago (6) <Mid block (east side) Mon/Wed/Fri <Mid block (west side) Mon/Wed/Fri <NW corner of Grove & Highland Mon/Wed/Fri < SW corner of Grove & Highland Mon/Wed/Fri < SE corner of Grove &Highland Mon/Wed/Fri <NE corner of Grove & Highland Mon/Wed/Fri S.Grove between Chicago &Prairie (11) <Fountain Sq. Plaza(SW corner of Grove & Chicago) (3) Mon/Wed/Fri <38 S. Grove Mon/Wed/Fri <42 S. Grove Mon/Wed/Fri <32 S. Grove Mon/Wed/Fri <East intersection of DuPage Ct & S.Grove (by Fountain) - Mon/Wed/Fri <In front of Crocker Theatre (SW corner of Fulton & Grove) Mon/Wed/Fri < 125 1/2 S. Grove Mon/Wed/Fri 1 3/9/2004 t 1 <Crocker Theatre Parking Lot - at Prairie&Riverside Dr. (2) Mon/Wed/Fri Chicago St. between Douglas & Spring(2) < 101 E. Chicago (Union Bank) Mon/Wed/Fri < 169_E. Chicago Mon/Wed/Fri Highland between Douglas & Grove (2) < 113 Highland Mon/Wed/Fri <Across from 113 Highland Mon/Wed/Fri Highland between Spring& Douglas (1) < 166 Highland Mon/Wed/Fri Douglas between Highland & Chicago (6) _ T < 11 Douglas Ave. Mon/Wed/Fri < 14 Douglas Ave. Mon/Wed/Fri < SE corner of Highland & Douglas Mon/Wed/Fri <NE corner of Highland &Douglas Mon/Wed/Fri <SW corner of Highland&Douglas Mon/Wed/Fri <NW corner of Highland & Douglas Mon/Wed/Fri ------ -------- - ---------------- -— Highland between Villa& Spring(3) <NW corner of Highland & Villa Mon/Wed/Fri <216 Highland (1st United Methodist Church) Mon/Wed/Fri <Mid block (south side) Mon/Wed/Fri Spring between Highland & Chicago (6) < 16 N. Spring Mon/Wed/Fri <NE corner of Spring & Chicago Mon/Wed/Fri < SE corner of Spring& Chicago - Mon/Wed/Fri < SE corner of Spring &Highland Mon/Wed/Fri <NE corner of Spring&Highland Mon/Wed/Fri <NW corner of Spring& Highland Mon/Wed/Fri Former Library Complex (4) _ < SW corner of N.Grove & Symphony Way(library entrance) Mon/Wed/Fri 2 3/9/2004 <Library Parking Lot center aisle (3) Mon/Wed/Fri City Hall/Civic Center Plaza Complex (10) < City Hall entrance (150 Dexter CC) Mon/Wed/Fri < SW corner of City Hall & Civic Center Parking Lot Mon/Wed/Fri < Civic Center Parking Lot - center aisle walkway(4) Mon/Wed/Fri Villa between Chicago &Fulton (3) < parking lot at Villa & fulton (center aisle) Mon/Wed/Fri < SE corner of Chicago & Villa Mon/Wed/Fri < SW corner of Chicago & Villa (225 E. Chicago) Mon/Wed/Fri Geneva between Highland & Chicago (3) <North & south parking at the intersection of Highland & Geneva(3) Mon/Wed/Fri East Side Collection Day SW corner of Ann & Center Tuesday NE corner of Geneva&E. Chicago Tuesday SW corner of Gifford & Hickory Tuesday -------------------------- -- --- 58 S. Geneva- parking lot across the street Tuesday SW corner of Gifford & DuPage Ct. Tuesday NW corner of Ann & Gifford Tuesday 431 Summit St. Tuesday SE corner of Franklin & College Tuesday SW corner of Franklin & Hill Tuesday NW corner of Chapel & DuPage Tuesday NE corner of Channing & Laurel Tuesday West Side Collection Day NE corner of McLean & Van Thursday Lilac & Mulberry Ln. (east side of street by vacant lot) Thursday SE corner of Highland & Jackson Thursday SW corner of W. Highland & Lynch Thursday SW corner of S. Jackson & South St. Thursday NE corner of S. Jackson & Locust Thursday 3 3/9/2004 NW corner of S. State& Locust Thursday NE corner of Locust & S. Crystal Thursday East intersection of South St. & S. Crystal Thursday SE corner of W. Chicago & S. Crystal Thursday SW corner of N. Crystal & W. Highland Thursday NW corner of Lyle & Grandstand Thursday SE corner of State & Walnut (113 Walnut) Thursday NE corner of Larkin &McLean Thursday NE corner of McLean & Abbott Friday NE corner of W. Chicago & S. Jackson Thursday SE corner of Locust &Moesley Wednesday Island at S. Edison& Sunset Dr. (just south of South St.) Wednesday 4 3/9/2004 • c.4.0 F Etc. E� In Agenda Item No. - � > City of g 4 L ' 4i March 26, 2004 • 0 00! I TO: Mayor and Members of the City Council N LL FINANCIAY STABLE CITV GCA/ERNME NT FROM: David M. Dorgan, City Manager EFfl INFRASTRU ANDQUALITY INFRASTRUCTURE John M. Loete, Public Works Directo SUBJECT: Contract Amendment with Waste Management for a Change to the Yard Waste Collection Program PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approving an amendment to the City's residential solid waste contract with Waste Management, Inc. to provide yard waste collection services in April that are fully paid by the City,rather than utilizing the pre-paid sticker provision in the contract. RECOMMENDATION It is recommended that the City Council approve the amended agreement with Waste Management, Inc. that incorporates yard waste collection during the month of April each year that is fully paid by the City and is free to residents. BACKGROUND Since the implementation of the City's new solid waste program in November, 2002, residents are required to purchase refuse stickers to dispose of all bagged yard waste outside of the City's official Fall Leaf Collection Program. The revenue from the prepaid stickers goes directly to Waste Management to help offset the cost of collecting and disposing of these additional materials. Many residents have voiced concerns about the impact of this new requirement, particularly during April, the first month of yard waste pickup, when citizens are cleaning up large volumes of organic debris left over from the winter months. As part of the 2004 Budget, Council approved providing free, unlimited yard waste collection during the month of April in an effort to assist residents during their spring yard cleanup. Prepaid refuse stickers will not be required to dispose of yard waste during this period. Waste Management will be responsible for collecting and composting all yard waste that is collected as part of this program. Information about the special yard waste collection service will be included on utility bills, the City's website, as well as a newspaper insert scheduled to run in late March. Rather than creating an amendatory rider to the current contract agreement for this new service as was done in the past, the amendments have been incorporated into a single, amended Contract Amendment With Waste Management r March 26, 2004 Page 2 document that supersedes the original agreement. In addition to the requested amendment regarding the yard waste collection, several obsolete provisions from the original agreement have also been deleted from the amended agreement. It is attached for your review. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. 03 FINANCIAL IMPACT The City currently pays a monthly fee of$11.06 per household stop per month for solid waste collection services that include refuse, recycling and limited yard waste disposal. In order to make yard waste collection free to residents during the month of April, the City must offset the lost revenue to Waste Management from the pre-paid stickers that will not be required. Staff negotiated a flat rate of$56,442 with Waste Management for this additional service. This rate is based on the volume of yard waste collected in April 2003, plus an anticipated increase in volume of least ten percent as residents take advantage of the no cost opportunity. A total of $3,316,770 was budgeted in the 2004 General Fund Budget, in the Public rWorks/Refuse Services cost center, account number 010-3331-754.33-02, "Disposal Services" for residential solid waste and recycling program services. Sufficient funds are available in this account to cover this additional service. *At LEGAL IMPACT The amended contract was approved by the Legal Department. ALTERNATIVES 1. Approve the amended contract as recommended to include free yard waste collection for residents in April. 2. Direct Staff to make additional contract amendments, subject to approval by Waste Management, Inc. 3. Not approve the amended contract,thereby not providing the free yard waste collection. Respectfully submitted for Council consideration. TSP rook