02-318 Resolution No . 02-318
RESOLUTION
AUTHORIZING EXECUTION OF AN 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 Olufemi Folarin, Interim City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed to
execute an 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: September 11, 2002
Adopted: September 11, 2002
Vote: Yeas : 5 Nays : 1
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT FOR PROVISION OF
REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES
THIS AGREEMENT, made the )Q ri day of S G P7 en 6422002, is made by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter the "City") and
WASTE MANAGEMENT OF ILLINOIS, INC., a Delaware corporation (hereinafter the
"Contractor").
ARTICLE 1
RECITALS
WHEREAS,the City is a municipal corporation organized and existing under the authority
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
professional services for refuse, recycling, and yard waste collection services for single family
residential 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
necessary expertise, equipment and manpower to furnish the requisite labor, materials, tools,
equipment,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 ordinances.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree
as follows:
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 materials 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 cartons; 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
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"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; aluminum cans; aluminum foil; aseptic packaging and gable top
containers; formed steel containers; 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 similar 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 landscape waste and
shall be disposed of as refuse, unless the composting facility will accept it.
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(e) "Household Construction and Demolition Debris"or"Debris"shall mean waste
materials from interior and exterior household construction, remodeling and
repair projects, 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 exceeding forty-five(45)
pounds in weight,or in bundles not exceeding two(2) feet in diameter, 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,
freezers, air conditioners, humidifiers and other similar domestic large
appliances, including those containing CFCs (chlorofluorocarbons), switches
containing mercury, and PCBs (polychlorinated biphenyl's).
(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) disposable plastic refuse bag, no larger than forty (40) gallons in
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capacity or forty-five (45) pounds, containing refuse or household
construction and demolition debris 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 defined in Subsection (h), is to be considered a disposal unit.
Household construction and demolition debris, as is herein defined in
Subsection(e), is to be considered 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 dwellings
of five (5) units or less & certain duplex units receiving curbside service. The City
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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:
(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 which 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.
(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
which 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
(1) "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-
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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, 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 agencies 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 incurred
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
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where noted, all pricing contained herein shall be for the first year of the contract. Annual rate
increases for subsequent years shall be limited to the Consumer Price Index for Chicago-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.
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,
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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 lawfully
assessed against the City or the Contractor in connection with the Contractor's facilities and the
performance of this Agreement.
The City is exempt from paying Federal Excise Tax, State and Local Retailers' Occupation
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 certificates
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 authority
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, investigation,
property damage, personal injury, damage to natural resources, health assessments, health
settlements, attorneys' fees, and other related transaction costs arising under the Comprehensive
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
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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 assign or
subcontract this contract, or the work hereunder,without prior written consent of the City,but the
Contractor may perform its obligations hereunder through its subsidiaries or divisions. 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 payment
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 collection hours. This
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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 Coordinator. 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 Contractor's
representative with the authority to commit resources in an emergency,or unusual circumstance,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:
• Total tons of refuse collected per day from all curbside stops.
• Total tons of refuse collected from multi-family dumpster stops & City buildings
(separately 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)
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• 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 information as may be reasonably requested by the City
The data shall be included with the monthly invoice and shall be provided in a format
acceptable to the City. The Contractor shall conduct quarterly surveys of each daily curbside
collection area to determine set-out rates and participation in the solid waste programs. The results
of these surveys shall be reported to the City by the 15`h 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
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
importance of recycling and waste reduction.
All public education material must be approved by the City prior to printing&distribution.
The City reserves the right to edit all public education material for content. All costs associated 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.
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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 requested by the
City.
15. COMPENSATION FROM THE PROPERTY OWNER OR TENANT
The Contractor shall negotiate directly with 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.
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 commencement 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,including
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 Agreement. In the event
the City designates a specific Disposal Site to be utilized by the Contractor such designation shall
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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 specific 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 section, 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 Contractor pursuant to this Agreement as
compared to the per ton rate that the Contractor would be charged to process or dispose of solid
waste collected by the Contractor pursuant to this Agreement 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 utilizing a Disposal Site designated by the City
with such costs or savings to be calculated as provided 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 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
increased in the amount of such additional disposal costs for the preceding quarter. In the event it
is determined based upon the calculation 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
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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 Contractor 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
designated 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
designation of a Disposal Site to be utilized by the Contractor such rescission shall be in writing.
In the event the City rescinds the designation of a Disposal Site to be utilized by the Contractor,the
provisions regarding adjustment ofpayments to the Contractor and the non-applicability of Article 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 accordance
with all applicable laws and ordinances.
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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 location
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 Exhibit 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 required 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.
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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 routing
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 Contractor
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 holidays, 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
construction 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
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City of Elgin. The City will make every effort to provide the Contractor with advance notice of
planned improvement projects that may effect 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 employees)
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 are not in
contravention of applicable law. The Contractor shall immediately notify the City of any accident
or spill of any kind which involves the general public or private or public property which 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
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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 public 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 laying 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 which 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 containers
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
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Labor Day
Thanksgiving Day
Christmas Day
At the request of the City,the Contractor may also be required to provide collection services
on Sunday's and/or holidays from certain City-owned facilities,parks,special events and public litter
containers.
29. COLLECTION FROM CITY-OWNED FACILITIES & 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 furnished by
the Contractor shall be equipped with non-removable hinged covers or lids.
Any schedule changes must be approved in advance by the City's Solid Waste Coordinator.
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.
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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.
Any schedule changes must be approved in advance by the City's Solid Waste Coordinator.
31. HOUSEHOLD HAZARDOUS WASTE PROGRAM SPONSORSHIP
The Contractor will contribute to the City$1.00 annually per household stop covered under
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 number 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-up's.
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 mechanisms
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
water tight. 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
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streets which 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 equipment
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. All changes must be approved by the City.
34. EMPLOYEES
The Contractor shall undertake to perform all services rendered hereunder in a neat,orderly
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
crew members while on duty or in the course of performing their duties under this Agreement. 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 Agreement
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 adhesive
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"leave-behind tag"that will be placed on the resident's materials. Tags shall have a good pressure
sensitive adhesive which 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 materials.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
unacceptable items are left behind, along with a description of the items or problem. This
information 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 resolution 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
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promptly arrange for clean-up within twenty-four (24) hours after a complaint or notification 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 following:
► Failure to collect missed pick-up's 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
► 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 severity
of the deficiency.
38. BREACH OF CONTRACT
A. 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 administrative,
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contractual or legal remedies as may be suitable to the violation or breach including,but not limited
to, the right to terminate this Agreement.
B. 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 required.
If in the City's sole judgment, sufficient extenuating circumstances have not been
demonstrated, 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 necessary
to furnish solid waste collection services required by this Agreement.
The Contractor shall fully reimburse the City for any expenses incurred to provide substituted
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 38B, the City shall have the right,but
not the obligation, to terminate this Agreement.
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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 reason,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.
44. ENTIRETY
This Agreement,and any exhibits attached hereto,contain the entire agreement between the
parties as to the matters contained herein. Any oral representations or modifications concerning this
agreement shall be of no force and effect.
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45. INSURANCE
At the Contractor's expense,the Contractor shall secure and maintain in effect throughout
the duration of this Agreement,insurance of the following kinds and limits to cover all locations 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,which ever 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 policies
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 occurrence/$2,000,000
aggregate
(b) Property damage with limits of not less than $1,000,000 per occurrence/aggregate.
(c) Bodily injury with limits not less than $1,000,000 per occurrence/$2,000,000
aggregate.
(3) Auto Liability Insurance:
(a) Bodily injury with limits not less than$500,000 per occurrence/$1,00,000 aggregate.
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(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 Liability,
Auto Liability and Umbrella Excess Insurance Policies. The General Liability, Auto Liability and
Umbrella Excess Insurance Policies shall be written in occurrence form. This insurance shall apply
as primarily insurance with respect to any other insurance or self-insurance programs 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 excess or prorated it shall be
endorsed to be primary with respect to the City. All insurance premiums 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 willful misconduct
or any reckless or negligent acts or omissions of Contractor's officers, employees, 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
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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
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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 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.
The Contractor shall provide and make available additional carts to residents upon request
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
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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
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 preprinted 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 gallons= 1 cubic
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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 unity
3,456 gallons or 16.8 cubic yards of service per week=Base Level Service
The Contractor shall provide a sufficient number of dumpsters serviced at specific collection
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$5.25
per cubic yard. The Contractor shall be responsible for billing each condominium/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 collection and on any
bulk items and household construction debris that can not fit inside of the dumpster.
3. RECYCLING
The Contractor shall provide all eligible households with unlimited collection of all
recyclables. 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
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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.
(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 condominium/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 collection. 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 defined
herein,from all eligible households. Residents shall be required to affix a pre-paid appliance 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.
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6. YARD WASTE
The Contractor shall provide weekly yard waste collection service to all single-family curbside
households from April 1st through November 30"'. 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 (except leaves during the Fall Leaf Collection Program), shall
require a pre-paid disposal sticker for collection. Residents shall be allowed to place unlimited
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 30 yd. 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) 30
yd.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 Contractor. This
time period will commence no later than the 3rd Monday in October and will end November 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.
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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- January 15`h. 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 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 $10.82/month/household
(b) Multi-Family $ 7.87/month/household
(c) Roll-Off Truck & Driver $75.00/hour
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:
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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 fabrication.
Pre-paid stickers shall be produced on paper and have an elongated rectangular form with
minium 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 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 which will adhere to the "disposal unit" in all weather conditions.
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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 shall
have the right to cease supplying stickers and refuse bags to any retailer that repeatedly allows 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
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• 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 continue to honor"grass stickers"used in the City's program prior to
the commencement of this Agreement through December 31, 2002. Residents will be allowed to
substitute two(2) "grass stickers"for one(1)"pre-paid disposal sticker"to dispose of eligible solid
waste items in the Modified Volume-Based Program.
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
purchased. 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 Contractor
agrees to refund all customers the full purchase price of any pre-paid disposal stickers returned to
the Contractor within forty-five (45) days afer such Agreement expires. The Contractor 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 $2.00/each
(2) Appliance Sticker $25.00/each
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(3) Pre-paid Refuse Bag $1.10/each
(f) ADMINISTRATIVE FEES
The City reserves the right to add a fixed administrative surcharge to all sticker and refuse
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 administrative
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 administrative surcharge.
11. WHEELED CARTS
(a) REFUSE CARTS
The Contractor shall provide one (1) refuse cart to each 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 $35.50 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.
The Contractor shall provide and make available additional carts to residents upon request
for a fee. The monthly fee for this service will be the additional volume of waste to be disposed of
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calculated as set forth in Article 3, Section 2(a). The Contractor shall invoice the resident 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 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 replacement of recycling carts shall remain the
Contractor's responsibility at Contractor's cost until 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.
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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 Agreement.
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 exchanging or
delivering new carts, upon request. The Contractor shall maintain an adequate supply 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
instructions for use shall be included with the carts at the time they are delivered to each household.
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 relocate.
(f) TECHNICAL SPECIFICATIONS
The polyethylene resin used in the construction of the cart and lid shall contain a minimum
25% recycled plastic (10% post-consumer). The body of the container shall be composed of
recyclable high density polyethylene resin. The body and lid of the container shall be resistant to
damage by rodents and other pests.
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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 which 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 determined 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 container
lid for the hot stamping of black and white images into the plastic surface of said lid conveying 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:
-42-
•
35 Gallon 64 Gallon 96 Gallon
Load Weight Capacity 125 lbs. 200 lbs. 250 lbs.
(excluding 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 defects
in materials, workmanship, design, repair and maintenance. Any defects or components of the
containers which 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 rain water 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.
-43-
•
► Failure of any plastic component to be resistant to damage in the event of contact with
any common household or residential product/chemicals.
► 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 shall also provide
a sufficient number of disposable refuse and recycling containers(approximately 32 gallon size)for
each festival/special event sponsored by the City of Elgin, at no additional charge to the City.
(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.
Rates are as follows:
Regular Portable Toilet $73.00/unit
-44-
•
Handicapped Accessible Portable Toilet $95.00/unit
Hand Washing Unit $95.00/unit
Roll-Off Dumpsters
20 yd $265.00
30 yd $365.00
40 yd $465.00
(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.
The Contractor shall provide at no additional cost service for up to one hundred(100)20 yd
dumpsters for the final construction phase of the City's new family recreation center, The Centre,
from July 1, 2002 through December 31, 2002. The Contractor shall also provide at no additional
cost service for up to ten (10)portable toilet units per month during this same period.
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.
-45-
•
(b) PAYMENT FOR SERVICES
The Contractor shall receive payment for these services through a separate monthly invoice
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$41.50/ton. The Contractor shall issue load tickets to each City vehicle at
the time of disposal indicating the date, vehicle number and volume of material disposed 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 resulting
in excessive amounts of refuse, the Contractor will arrange for additional vehicles and employees
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 appliances 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 associated with the
-46-
normal service already provided for through the general agreement. The Contractor will be
responsible for providing all necessary data and a separate invoice for the disaster service.
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 Contractor 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 invoice
to the City. Payment will be at a rate of$18 per cubic yard of solid waste material removed 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 location.
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
-47-
The Contractor shall provide an annual spring cleanup for one (1)week each year. During
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 extra 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 Contractor. 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$10.56 per household,payable as$0.88 per household,per month,over a twelve
(12)month period.
(b) STREET SWEEPING DISPOSAL(WITH 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 delivering
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 dumpsters through a
separate monthly invoice to the City at a rate of$55 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. Payment will be made
based on the volume of material disposed of at a rate of$11.00 per cubic yard. The Contractor shall
issue load tickets to each vehicle at the time of disposal.
-48-
17. MISCELLANEOUS
(a) TRANSITION PERIOD
The Contractor shall provide an unadvertised grace period during the first week of the new
Modified Volume-Based Program. During this grace period,the Contractor shall continue to collect
a reasonable amount of solid waste items that have been placed out by residents without a pre-paid
disposal sticker. The Contractor shall leave a"reminder sticker"at these addresses to help educate
residents of the new program guidelines.
(b) COLLECTION OF OLD BINS &RECEPTACLES
The Contractor shall collect empty old refuse receptacles from residents who wish to dispose
of them,at no additional cost to the City or residents, for not less than a two week period,beginning
when the modified volume-based program is implemented. Pre-paid disposal stickers shall not be
required to dispose of empty old refuse receptacles during this period.
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 recycling
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 Mana of
Attest: Attest:
City Clerk
H:\My Files\MyFiles\Modified Volume-Based Program\final contract_9_5.wpd
-49-
•
EXHIBIT 1
CITY OF ELGIN
CURBSIDE MULTI-FAMILY SERVICE LOCATIONS
COLLECTION SCHEDULES
Number
Complex Closest Intersection Service Day of Units
Park Bluff Willard Ave. &Bode Rd. Tuesday 25
Tyler Bluff Florimond &Big Timber Friday 60
Mill Creek Randall Rd. & Fletcher Dr. Friday 89
Windmere Cove Nautical Way& South St. Thursday 48
Pine Meadow S. McLean &Bowes Rd. Thursday 68
Century Oaks West Creekside Cir &N. Lyle Friday 150
Cobblers Crossing Rt. 58 & Shady Oaks Dr. Monday 436
(South)
Cobblers Crossing Toastmaster & Congdon Monday 160
(North)
Stonegate of Big Timber&N. Lyle Ave. Friday 32
Century Oaks
Woodbridge North College Green Dr. &Randall Thursday 113
Highland Springs Highland Ave. &Highland Friday 106
Springs Dr.
Oakwood Hills Rt. 19 &Woodview Tuesday 321
Oaks Club Tall Oaks Dr. &Randall Rd. Thursday 43
Lincolnwood Presidential Ln. &Highland Ave. Thursday 16
Terrace
Spring Cove 1700 W. Highland Ave. Friday 10
Hickory Ridge NE corner of Randall Rd. Friday 52
&Highland Ave.
Number
Complex Closest Intersection Service Day of Units
Spring Oaks North side of Big Timber, Friday 17
Just east of Randall Rd.
Sandy Creek Manor North side of W. Highland Ave. Friday 27
Homes Btw. Airlite & Lyle Ave.
Williamsburg W. Highland Ave. Thursday 13
Terrace & Governors Ln.
Sierra Ridge College Green Dr. &Mesa Dr. Thursday 113
Waverly Commons NE &NW corners of Monday 72
Waverly& Jefferson
Willow Bay West of Umbdenstock, btw Thursday 143
Bowes &Hopps Rd.
Fieldstone Rt. 19 & Littleton Tr. Tuesday 303
Woodland Bode Rd. &Deer Run Ln. Tuesday 66
Meadows
Fox Ridge Amber Ln; south of Hopps Rd., Thursday 43
off of Knotty Pine Dr.
College Green College Green Dr., btw Thursday 388
Randall & S. McLean Blvd.
Wynstone of Jeffrey Ln. &N. Lyle Ave. Friday 43
Century Oaks
Mulberry Grove Umbdenstock&Montclair Dr. Thursday 3
12 N. Douglas Tuesday 1
1300 N. Bluff City Wednesday 1
North Clifton Friday 2
TOTAL 2,964
.
EXHIBIT 2
CITY OF ELGIN
MULTI-FAMILY DUMPSTER SERVICE LOCATIONS
& COLLECTION SCHEDULES
Complex Location #of Trash Recycling
Units Collection Collection
7 Containers Day(s) 96 Gal. Day(s)
/ Carts
Denver 712 W. 6 1-2 yd Sat 1 Wed
Condos Highland
Park Terrace 764-774 18 2-2 yd Thurs 2 Wed
Terrace Ct.
Stonegate of NE Highland 24 4-2 yd Tues 4 Wed
Valley Creek &Airlite
College Park SE South St. 35 5-2 yd Wed 6 Wed
Square & Randall
Garden NW Wing & 169 7-2 yd, Tues/Fri 22 Wed
Quarters Garden 4-4 yd, 3-6 yd
Crescent Dr
Stonebriar NW Highland 20 3-2 yd Tues 4 Wed
Condos &N. Lyle
Regency South NE Randall & 54 8-2 yd Thurs 8 Wed
South St.
Lords Park Terrace Ct. 35 3-2 yd Mon/ 2 Wed
Condos (south side) Thurs
Tyler Tower Plymouth Ln. 72 4-2 yd Mon/Wed 8 Wed
Condos /Fri
Sandy Creek N. side of W. 60 5-2 yd Tues/Fri 6 Wed
Condos Highland, W.
of Lyle
Complex Location # of Trash Recycling
Units Collection Collection
Containers Day(s) 96 Gal. Day(s)
Carts
Maplewood North side of 16 1-4 yd Tues/Fri 2 Wed
Condos Highland,
end of Heine
Kennington Rt. 58 & 173 6-8 yd, 1-6 yd Mon/Wed 16 Wed
Square Condos Kenneth /Fri
Circle
Regency 17-33 Garden 17 2-2 yd Tues/Fri 3 Wed
Woods Crescent
Condos
Shoe Factory NE Congdon 24 2-2 yd Tues/Fri 4 Wed
Homes &Dundee
Total 723 88
•
EXHIBIT 3
CITY OF ELGIN
SOLID WASTE COLLECTION SCHEDULE
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The approximate number of household units per area are as follows:
MONDAY 4,897 units
TUESDAY 4,142 units
WEDNESDAY 3,642 units
THURSDAY 5,287 units
FRIDAY 4,465 units
EXHIBIT 4
CITY OF ELGIN BUILDINGS, FACILITIES & PARKS
SERVICE LOCATIONS & COLLECTION SCHEDULES
Building Trash Paper Commingle Yard
Recycling Recycling Waste
Size/ Size/ Size/ Size/
Service Days Service Days Service Days Service
Days
City Hall 2- 2 yd 6 yd 1-96 gallon
150 Dexter Ct. Mon-Fri Tues/Thur on call
Police Dept. 2- 2 yd 2- 2 yd n/a
151 Douglas Ave. Mon-Fri Tues/Thur
Public Works 4 yd 2 yd-Mon & 1-96 gallon 6 yd
40 Aim St. 6 yd Thurs Wed
Tues &Fri 6 yd- On Call Mon/Wed/
Fri
Fleet Maintenance 4 yd Curbside Curbside
Crystal St. Tues
Water Meter Shop 2 yd 2 yd 1-96 gallon
2 Slade Ave. Thur Thur Wed
Riverside Treatment 6 yd 2 yd 1-96 gallon
Plant Thur Thur Mon
375 W. River Rd.
Water Treatment 2 yd 1-96 gallon 1-96 gallon
Plant Thur toter Mon
74 N. Airlite Mon
•
PARKS & REC Trash Paper Commingle Yard
FACILITIES Recycling Recycling Waste
Size Size Size Size
Trout Park 4 yd
Tues/Fri
Lords Park 3-8 yd 8 yd
Mon/Wed/Fri Mon/Wed/
Fri
Spartan Meadows 8 yd Tues/Fri
Golf Course (Mon/Wed/Fri in
summer)
Sports Complex 8 yd
Mon/Wed/Fri
The Centre-Family To be determined To be To be
Recreation Center determined determined
(Opening Nov 2002)
4- 96 gal
City Skate Ice Rink Mon/Wed/Fri
(Nov-March)
Walton Island 8- 96 gal
Mon/Wed/Fri
Bluff City Cemetery 4 yd Curbside 4 yd
Thurs Wed/Fri
Elgin Public Museum 1-96 gallon
360 Park St. Tuesday
Parking Lot
Elgin Public Museum 1-96 gallon
225 Grand Ave. Tuesday
(Lords Park)
American Little 4 yd
League Tues/Thurs
(Hiawatha& Summit)
FIRE STATIONS Trash Paper Commingle Yard
Recycling Recycling Waste
Size/ Size/ Size/ Size/
Service Days Service Days Service Days Service
Days
Station#1 2 yd Curbside 1-96 gal 2 yd
550 Summit St. Wed Wed On-call
Station#2 4 yd 1-96 gal 1-96 gal 2 yd
650 Big Timber Mon & Fri Weekly Weekly On-call
Station#3 2 yd Curbside Curbside j
2455 Royal Blvd. Tues
Station#4 2 yd Curbside Curbside /
599 S. McLean Blvd. Wed
Station#5 2 yd Curbside Curbside 2 yd Wed/
804 Villa St. Thurs On-call
Fire Barn 1-96 gal Curbside Curbside Curbside
St. Charles St. Wed
PARKS & REC Trash, Paper Commingle Yard
FACILITIES Recycling Recycling Waste
Size Size Size Size
Wing Park 2-6 yd 1-6 yd
Maintenance Barn Mon/Wed/Fri Mon/Wed/
Fri
Wing Park Golf 2 yd 6 yd
Course Tues Mon/Wed/
Fri
Hawthorne Hills Park To be determined To be To be
&Nature Preserve determined determined
(Opening Fall 2002)
PARKS & REC Trash Paper Commingle Yard
FACILITIES Recycling Recycling Waste
Size Size Size Size
National Little League 4 yd
(Hiawatha& Summit) Tues/Thurs
Classic Little League 4 yd
(Wing Park) Tues/Thurs
Continental Little 4 yd
League Tues/Thurs
(S. State St.)
Park Location # of 96 Gallon Service Day/
Carts Frequency
Barclay Park Dundee,North & Center 1 Tuesday
Bumidge Woods Banks Dr. 1 Friday
Park
Central Park S. State & Standish St. 1 Wednesday
Century Oaks N. McLean & Forest 2 Friday
Ave.
Clara Howard Fremont St. 1 Tuesday
Clifford-Owasco Clifford, Oswego & 1 Friday
Frazier, (enter off of
Mabel)
Corley Drive Park Corley&Longford 1 Tuesday
Douglas Ave. Douglas &Kimball 1 Tuesday
Drake Field Hastings Ave. & up to 20 Mon, Friday
Lavoie St. (June -Nov)
Park Location # of 96 Gallon Service Day/
Carts Frequency
Eagle Heights Deborah &Kimberly 1 Friday
Elgin Sports S. McLean& 25 Mon,Wed, Fri
Complex Spartan Dr. (seasonal)
Frazier Park Frazier& Clifford 1 Friday
(access off of Mabel)
Gifford Park DuPage/Fulton/Chapel/ 2 Monday,Friday
Park Row
Grolich Park Souster Ave. & Willis 2 Mon, Wed, Fri
St.
Rt. 20 By-Pass
Hawthorne Hills NE corner of Randall To Be determined Mon,Wed, Fri
Park/Nature Rd. &Foothill Dr.
Preserve
(opening Fall 2002)
Lords Park Bode/Grand/Hiawatha/ 58 Mon, Wed, Fri
Oakwood Dr.
Lords Park Pool Bode/Grand/Hiawatha/ 17 Mon, Wed, Fri
Oakwood Dr. (Memorial Day-
Labor Day)
Memorial Park Villa/Prairie/Chapel 1 Tuesday
Millennium Park Columbine/College 2 Thursday
Green
Observatory Park National & St. Charles 2 Wednesday
Powder River Path Powder River Path 2 Friday
Randall Ridge Park Dead End of 1 Monday&Friday
Winchester Dr.
Ryerson Park S. State &Ryerson Ave. 2 Wednesday
St. Francis Park Jefferson/Prospect/Plum/ 1 Monday
Center
Summer Hill Park Concord & Thoreau 1 Tuesday
a ..
•
Park Location # of 96 Gallon Service Day/
Carts Frequency
Trout Park Dundee/Duncan/Trout 30 Mon, Wed, Fri
Park Blvd. (includes
Ballfield)
Wing Park Wing St. &Wing Park 80 Mon, Wed, Fri
Blvd.
Wing Park Pool Wing St. &Wing Park 25 Mon, Wed, Fri
Blvd. (Memorial Day-
Labor Day)
Wing St. Park N. State St.&Wing St. 1 Friday
Willow Bay Park Willow Bay& 1 Thursday
Annandale Dr.
Wright Ave. Park Wright Ave. &Kramer 1 Wednesday
Zayres Park Mulberry Lane 1 Thursday
American Little Hiawatha& Summit 16 Mon,Wed,Fri
League (April - Oct)
National Little Hiawatha& Summit 16 Mon, Wed, Fri
League (April - Oct)
Continental Little S. State St., behind Sec. 25 Mon, Wed, Fri
League Of State's Office. (April - Oct)
Classic Little League Wing Park 12 Mon, Wed,Fri
(March- Sept)
Summer Camps Various Locations 5-7 Twice per week
(approx. 5) (June - Aug)
EXHIBIT 5
CITY OF ELGIN
PUBLIC REFUSE RECEPTACLE
SERVICE LOCATIONS & COLLECTION SCHEDULES
Downtown (Serviced Mon/Wed/Fri)
State St. between Highland and Chicago (7)
• 9 State St. (El Farro's)
• NE State &Chicago
• NW State& Chicago
► 10 State St.
• NE State &Highland
• SE State &Highland
• SW State &Highland
Highland Ave. between N. Grove & State St. (1)
• NE corner of Riverside Dr. &Highland
N. Grove between Highland & Chicago (6)
• Mid block (east side)
• Mid block (west side)
• NW corner of Grove&Highland
► SW corner of Grove &Highland
• NE corner of Grove &Highland
• SE corner of Grove&Highland
S. Grove between Chicago & Prairie (11)
• Fountain Square Plaza(SW corner of Grove & Chicago) (3)
• 38 S. Grove
• 42 S. Grove
• 32 S. Grove
• East Intersection of DuPage Ct. & S. Grove (by Fountain)
• In front of Crocker Theatre (SW corner of Fulton & Grove)
• 125 1/2 S. Grove
• Crocker Theatre Parking Lot--at Prairie &Riverside Dr. (2)
Chicago St. between Douglas & Spring(2)
• 101 E. Chicago (Union Bank)
• 169 E. Chicago
Highland between Douglas & Grove (21
• 113 Highland
• Across from 113 Highland
Highland between Spring &Douglas (1)
• 166 Highland
Douglas between Highland & Chicago (6)
• 11 Douglas Ave.
• 14 Douglas Ave.
• SE corner of Highland &Douglas
• NE corner of Highland&Douglas
• SW corner of Highland &Douglas
• NW corner of Highland&Douglas
Highland between Villa& Spring(3)
• NW corner of Highland and Villa
• 216 Highland(1S`United Methodist Church)
• Mid Block(south side)
Spring between Highland & Chicago (6)
• 16 N. Spring
• NE corner of Spring& Chicago
• SE corner of Spring & Chicago
• SE corner of Spring&Highland
• NE corner of Spring &Highland
• NW corner of Spring&Highland
Library Complex (4)
• SW corner of N. Grove & Symphony Way(Library Entrance)
• Library Parking Lot Center Aisle (3)
City Hall/Civic Center Plaza Complex (6)
• City Hall entrance(150 Dexter Ct.)
• SW corner of City Hall & Civic Center Parking Lot
• Civic Center Parking Lot-center aisle walkway(4)
Villa between Chicago &Fulton(3)
• Parking lot at Villa&Fulton (center aisle)
► SE corner of Chicago &Villa
► SW corner of Chicago &Villa(225 E. Chicago)
Geneva between Highland& Chicago (3)
► North& South Parking at the Intersection of Highland & Geneva(3)
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 Charming&Laurel Tuesday
West Side Collection Day
NE corner of McLean & Van Thursday
Lilac & Mulberry Ln. Thursday
(east side of street by vacant lot)
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
,.Fet0
0 i�
0` -
§ City of Elgin
r � Memorandum
ci " ti tir
A
September 6, 2002
1
c4Asmuy TARA cm 0041DIDIMPOT
TO: Mayor and Members of the City Council AND te
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Resolution Authorizing the Execution of a Contract
with Waste Management for Residential Solid Waste
Collection and Disposal Services
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to execute an eight
year agreement with Waste Management, Inc . for residential solid
waste collection and disposal services .
BACKGROUND
City Council reviewed the outcome of the competitive proposal
process to determine alternatives for residential solid waste
collection and disposal services at the May 22nd Committee of the
Whole Meeting. At the June 12, 2002 Committee of the Whole
Meeting, City Council voted to accept the recommendation to
implement a modified volume-based system. That system addresses
several objectives in that it provides every household with two
wheeled carts (one for refuse and one for recycling) , strongly
promotes recycling and seeks to control program abuse.
Furthermore, continuing the current system would cost the City
an additional $410, 000 annually.
Attached for your reference is a summary of the modified volume-
based program components (Attachment A) as well as a summary of
the other services to be provided under the new contract and
their rates (Attachment B) .
Due to the complexity of the contract, Staff has been working
diligently over the past few months to develop the document and
ensure that all of the necessary provisions have been addressed.
Attached for your consideration at this time is the final
rcontract agreement with Waste Management for the provision of
solid waste collection and disposal services.
Solid Waste Contract Agreement
September 6, 2002
Page 2
Based on the originally proposed timeline, the new modified
volume-based program would have been implemented on October 1,
2002 , with the actual carts being delivered to residents
throughout the month of September. However, because the cart
order was postponed until final contract approval,
implementation will be delayed by one month. The new program
and contract will commence on November 1, 2002, with cart
delivery taking place during the month of October. The City and
Waste Management will be implementing a comprehensive public
education program in order to inform residents of the program
changes.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
FINANCIAL IMPACT
The cost of the residential services portion of the contract for
the balance of 2002 is estimated at $560, 000 . There are
sufficient funds budgeted and available in the 2002 General Fund
account number 010-3331-754 .33-02, Public Works/Refuse
Services/Disposal to cover these costs .
This contract will require a one time up front cart purchase by
the City estimated at $888, 000 . An internal loan from the Water
Fund to the General Fund will be utilized for this purchase. It
is estimated that five annual payments of approximately $205, 000
will be necessary to pay off the loan. The payback will be
accomplished by using the annual difference between the current
program budget of $3 .26 million and the estimated 2003 contract
price of $3 , 095 , 000 . It is estimated that the City will realize
a cost savings of approximately $300, 000 by purchasing the
refuse carts in this manner.
The 2003 estimated cost for residential solid waste service
includes anticipated costs for new households and a consumer
price index rate adjustment . Other services covered under the
contract, such as special event services, and property
maintenance clean-up' s, are provided on an as needed basis.
A)
Solid Waste Contract Agreement
September 6, 2002
Page 3
As is the current arrangement, the departments who utilize the
service are responsible for the costs . Funding for 2003 and
future year contract expenses will be subject to City Council
approval as a part of the annual budgeting process .
LEGAL IMPACT
The final contract agreement has been prepared and reviewed by
Corporation Counsel .
ALTERNATIVES
1. Approve the contract as recommended
2. Approve the contract with modifications.
3. Reject the contract and direct staff on how to proceed.
elikk RECOMMENDATION
It is recommended that the City Council approve the eight-year
contract with Waste Management Inc. for solid waste services.
espectfully submitted,
Olufemi ;�.larin •
Int-rim C -nager
JL/jl
Attachments
Attachment A 4")
Residential Solid Waste Service Summary
Base Level Service Components (Paid by the City) :
✓ One 64 Gallon Refuse Cart-- Replaces Two Standard Size
Garbage Cans or Bags. (A smaller 35 gallon cart is also
available for no charge. )
✓ One 64 Gallon Recycling Cart -- The Equivalent of Four
Recycling Bins . (A smaller 35 gallon cart is also
available for no charge. )
✓ Unlimited Recycling Collection
✓ Unlimited Bundled Brush Pick-Up (April - November)
✓ Leaf Collection During the Fall Season
47)
V Christmas Tree Collection (Dec 26th - Jan 15th)
Pay-As-You-Throw Service Components (Paid by the Resident) :
✓ Refuse in Excess of 64 gallon Cart Limit
✓ Bulk Items (i .e. , couch or TV)
✓ Appliances (i .e . , stove, refrigerator, water heater)
✓ Yard Waste (Except for bundled brush at any time and leaves
during Fall Leaf Collection. )
Other Miscellaneous Contract Components:
✓ Waste Management will continue to contribute $1/per
household annually, a minimum of $25, 000, toward the cost
of the City' s Household Hazardous Waste Collection Program.
✓ Waste Management will provide up to $5, 000 of in-kind
special event services for City sponsored events on an
annual basis. 4")
0 , g
Resolution No. 02-318
RESOLUTION
AUTHORIZING EXECUTION OF AN 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 Olufemi Folarin, Interim City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed to
execute an 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 .
Ed Schock, Mayor
Presented: September 11, 2002
Adopted:
Vote : Yeas Nays
Recorded:
Attest :
411)
Dolonna Mecum, City Clerk
r
Attachment B
Solid Waste Contract Rate Summary
Unit Price
Base Level Residential Service
Single-Family $10 . 82
Multi-Family 7 .87
Pre-Paid Disposal Stickers
Refuse, Yard Waste, Bulk Items & Tires 2 . 00
Appliances 25 . 00
Pre-Paid 16 gallon Refuse Bags 1 . 10
Fall Leaf Collection Services
Hourly Rate for Roll-Off Truck w/Driver 75 . 00
Special Event Services
Regular Portable Toilet 73 . 00
Handicapped Portable Toilet 95 . 00
Hand Washing Unit 95 . 00
20 Yard Roll-Off Dumpster 265 . 00
30 Yard Roll-Off Dumpster 365 . 00
40 Yard Roll-Off Dumpster 465 . 00
Street Sweeping Disposal
Cost Per Ton 41 . 50
Property Maintenance Clean-Up' s
Rate Per Cubic Yard 18 . 00
r