10-196 Resolution No. 10-196
RESOLUTION
AUTHORIZING EXECUTION OF A FOURTH AMENDMENT 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
Sean R. Stegall,City Manager, and Diane Robertson, City Clerk,be and are hereby authorized and
directed to execute a Fourth Amendment 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: October 27, 2010
Adopted: October 27, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
FOURTH AMENDMENT AGREEMENT FOR
PROVISION OF REFUSE,RECYCLABLES AND YARD WASTE
COLLECTION SERVICES
THIS FOURTH AMENDMENT AGREEMENT is hereby made and entered into this
27th day of October , 2010, by and between the City of Elgin, an Illinois municipal
corporation (hereinafter referred to as the "City"), and Waste Management of Illinois, Inc., a
Delaware corporation(hereinafter referred to as the "Contractor").
WHEREAS, the parties hereto have previously entered into an Agreement for the
Provision of Refuse,Recyclables and Yard Waste Collection Services, dated September 12, 2002
(hereinafter referred to as the "Original Agreement"), attached hereto and made a part hereof as
Attachment "A"; and
WHEREAS, the parties hereto amended the Original Agreement and entered into an
Amended Agreement for the Provision of Refuse, Recyclables and Yard Waste Collection
Services, dated March 31, 2004 (hereinafter referred to as the "First Amended Agreement"),
attached hereto and made a part hereof as Attachment`B"; and
WHEREAS, the parties hereto thereafter entered into a second amendment to the
Original Agreement, dated July 14, 2004 (hereinafter referred to as the "Second Amended
Agreement"), attached hereto and made a part hereof as Attachment"C"; and
WHEREAS, the parties hereto thereafter entered into a third amendment to the Original,
Agreement, dated November 3, 2004 (hereinafter referred to as the "Third Amended
Agreement"), attached hereto and made a part hereof as Attachment "D" (collectively hereinafter
referred to as the"Collection Agreement"); and
WHEREAS, the City has exercised, and the Contractor acknowledges, the City's first
option to extend the term of the Collection Agreement through the 31st day of October 2012; and
WHEREAS, the City and the Contractor wish to further amend the Collection Agreement
as provided in this Fourth Amendment Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the sufficiency of which is hereby
mutually acknowledged,the parties hereto hereby agree as follows:
1. The above recitals are incorporated into and made a part of this Fourth
Amendment Agreement as if fully recited herein.
2. The Collection Agreement is hereby further amended by amending Article 2,
Section 14; Article 2, Section 29; and Article 3, Section 16 thereof to read as
follows:
ARTICLE 2
"14. PUBLIC EDUCATION
The Contractor shall develop and implement a comprehensive public
awareness program. The Contractor shall be solely liable for the cost of such
program's materials and distribution. Said public awareness program shall
include, but not be limited to, the publication and mailing of a bilingual (English
and Spanish) brochure with information about the City's Solid Waste and
Recycling Program on an annual basis throughout the term of this Agreement. •
Said publication shall illustrate how materials are to be prepared for collection
and emphasize the importance of recycling and waste reduction.
All public awareness materials shall be approved by the City prior to
printing and distribution. The City reserves the right to edit all public education
materials for content. The Contractor will be allowed to utilize the City's U.S.
postal permit for mass mailings; however, the Contractor shall be responsible for
paying all associated postage fees.
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The Contractor shall provide the City with such additional educational
materials as the City may deem necessary in its sole discretion. The Contractor
shall also distribute information to City residents via flyers placed in or on
recycling containers and/or waste receptacles from time to time, as requested by
the City.
The Contractor, at Contractor's sole cost, shall also provide for a
comprehensive solid waste/recycling outreach and educational presentation at a
minimum of two (2) public events per year at a location to be determined by the
City in its sole discretion.
29. COLLECTION FROM CITY-OWNED FACILITIES AND PARKS
At its sole 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.
The City's Solid Waste Coordinator must approve any schedule changes
in advance.
The City reserves and has the right to change service levels and add new
services as necessary to existing facilities, as well as new facilities that may be
built or acquired during the term of this Agreement at Contractor's sole cost.
The Contractor shall collect and dispose of compact fluorescent lamps
from City facilities that the City designates as compact fluorescent lamp drop-off
locations at Contractor's sole cost. Following each collection, the Contractor shall
also provide the City with a certificate of destruction that certifies that all disposal
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processes have been performed in accordance with Illinois Administrative Code
Title 35, Part 733 `Standards for Universal Waste Management', and other
applicable federal, state and local regulations.
ARTICLE 3
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
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 shall cooperate with
the Contractor to establish reasonable guidelines to limit program
abuse. The specific week of such annual cleanup shall be established
by agreement between the City and the Contractor. The Contractor
shall receive payment for such annual spring cleanup services as part
of its monthly invoice to the City at an annual rate of $10.79 per
household, payable at the rate of $0.90 per household, per month,
over a twelve (12)-month period.
(b) Street Sweeping Disposal(Using Roll-Off Dumpsters)
The Contractor shall provide a sufficient number of roll-off
dumpsters on an as-needed basis, at locations to be designated by the
City, for 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
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payment for such street sweeping service disposal with roll-off
dumpsters through a separate monthly invoice to the City at a rate of
$56.21 per ton,based on disposed tonnage.
(c) Fall Leaf Disposal Site
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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 shall be based on the volume of disposed of
material at a rate of$11.24 per cubic yard. The Contractor shall issue
load tickets to each vehicle at the time of disposal.
(d) Annual Recycling Event
The Contractor shall provide an annual one (1)-day recycling event
for Elgin residents on a date and at a location determined by the
City, in its sole discretion. At a minimum, such event shall provide
for the recycling of electronics, books, flags and scrap metal at
Contractor's sole cost."
3. Except as expressly amended by this Fourth Amendment Agreement, the
Collection Agreement between the parties hereto shall remain in full force and
effect. hi the event of any conflict between the terms of this Fourth Amendment
Agreement and the terms of the Collection Agreement, the terms of this Fourth
Amendment Agreement shall control.
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•
IN WITNESS WHEREOF, the parties hereto have entered into and executed this Fourth
Amendment Agreement on the date any year first written above.
CITY OF ELGIN ATTEST:
By: „tea.
can R. Stegall, City ager City Clerk
WASTE MANAGEMENT OF ILLINOIS, INC. ATTEST:
e(),”By:
Name runt: l o i/ Its: L • !e&J
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AGREEMENT FOR PROVISION OF
REFUSE,RECYCLABLES AND YARD WASTE COLLECTION SERVICES
THIS AGREEMENT, made the j -riFlay of Sept Em 6 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.
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"waste" shall be synonymous unless otherwise more specifically defined (for
example, "yard waste").
(b) "Solid Waste" shall be the general teen 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 RecyclableMaterial(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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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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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 b e 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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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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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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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 •
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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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a
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 of payments 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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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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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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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 fine'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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"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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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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.
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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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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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 ofrefuse 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= I cubic
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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 Dempster 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 apre-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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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 26`L- 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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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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}
.
(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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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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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.
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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.
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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
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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 andrecycle 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 — b.a■ ••". By f
City M i a:et
•
Attest: Attest: •
&A.iis1 a� ■ •
City Clerk
HAM*Files\MyFiles\Modified Volume-Based Program\final contract_9_5.wpd
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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
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 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 Ann 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
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
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)
•
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
EXHIBIT 5
CITY OF ELGIN
PUBLIC REFUSE RECEPTACLE
SERVICE LOCATIONS &COLLECTION SCHEDULES
Downtown (Serviced on/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 Dou Ig as &Spring(2)
• 101 E. Chicago (Union Bank)
• 169 E. Chicago
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 Channing&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
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WHEREAS, the City issued its Request for Proposals#02-001 for the provision of pro-
fessional services for refuse,recycling,and yard waste collection services for single family resi-
dential collection, multi-family residential collection, other multi-family complexes and city
owned facilities in Elgin, Illinois; and
WHEREAS, Contractor submitted the lowest responsive proposal and possesses the nec-
essary expertise, equipment and manpower to furnish the requisite labor, materials, tools, equip-
.
ment, transportation services and landfill space to perform the above-referred services in a legal
manner in strict accordance with all federal, state and local laws, rules,regulations and ordi-
nances.
ARTICLE 2--GENERAL CONDITIONS
1. INCORPORATION OF RECITALS
The foregoing recitals are substantive and are hereby incorporated in this section as
though fully set forth herein.
2. DEFINITIONS
For the purpose of this agreement, definitions of certain terms shall be as listed below.
Other terms shall be as defined within applicable subsections.
(a) "Refuse" shall mean all discarded and unwanted putrescible and non-putrescible
household and kitchen wastes, including but not limited to, food, food residues, and ma-
terials necessarily used for packaging, storing, preparing, and consuming same, usually
defined as"garbage"; and all combustible and non-combustible waste materials resulting
from the usual routing of domestic housekeeping, including but not limited to, aluminum '
and steel cans; glass containers; plastic containers; crockery and other containers; metal;
•
•
scape waste and shall be disposed of as refuse,unless the composting facility will accept
it.
(e) "Household Construction and Demolition Debris" or"Debris" shall mean waste •
materials from interior and exterior household construction, remodeling and repair pro-
; jects, including,but not limited to drywall, plywood, and paneling pieces, lumber, and
other building materials; windows and doors, cabinets, carpeting, disassembled bathroom
and kitchen fixtures; and small amounts of sod and similar materials. Such debris shall
conform to the following: loose small items shall be placed in suitable containers not ex-
ceeding forty-five (45)pounds in weight, or in bundles not exceeding two (2) feet in di-
{ ameter, five(5) feet in length, and forty-five(45)pounds in weight.
(f) "Curbside" shall mean adjacent to the street pavement, alley pavement and gutter
and within-two (2) feet thereof.
• (g) "White Good" shall mean all discarded refrigerators, ranges, water heaters, freez-
ers, air conditioners, humidifiers and other similar domestic large appliances, including
those containing CFCs (chlorofluorocarbons),switches containing mercury, and PCBs
(polychlorinated biphenyls).
{
(h) "Large Household Item" (also known as "bulk item"), shall mean any discarded
and unwanted trash compactors, microwaves, televisions, pianos, organs, tables, chairs,
mattresses, box springs, bookcases, sofas, and similar furniture. •
(i) "Disposal Unit" shall have different meanings as follows:
(1) For the purposes of refuse collection, a"disposal unit" shall mean one (1)
water-tight metal or plastic reusable waste container with handles, or one(1) dis-
posable plastic refuse bag, no larger than forty (40) gallons in capacity or forty-
4 -
(1) Townhomes or condominiums with individual driveways that receive
curbside service. The above may also be referred to as a"Multi-family Curbside
Stop"or"Multi-family Curbside Household", as listed in Exhibit 1 that is at-
tached hereto and made a part hereof. The City shall have the right to modify
such list and add new locations that may arise during the term of this Agreement.
(2) Townhomes or condominiums serviced by common waste containers (i.e.
dumpsters or carts) located within a"refuse area" (i.e. partially enclosed area
where dumpsters are placed). The above may also be referred to as a"Multi-
family Dumpster Stop" or"Multi-family Household", as listed in Exhibit 2 that is
attached hereto and made a part hereof. The City shall have the right to modify
such list and add new locations that may arise during the term of this Agreement.
(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-
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
-
E The Contractor shall be responsible for everything required to be performed and shall
provide and furnish all of the labor, materials, necessary tools, expendable equipment, vehicles,
6
6. DAMAGE TO PROPERTY
The Contractor shall take all necessary precautions to protect public and private property
during the performance of this Agreement.
Except for reasonable wear and tear, the Contractor shall repair or replace any private or
public property, including, but not limited to waste receptacles,sod,mailboxes, or recycling
bins,which are damaged by the Contractor.
Such property shall be repaired or replaced, at no charge to the property owner,as soon
as practicable with property of the same or equivalent value at the time of the damage.
If the Contractor fails to repair or replace damaged property within a reasonable period of
time,the City may,but shall not be obligated to,repair or replace such damaged property, and
the Contractor shall fully reimburse the City for any of its reasonably incurred expenses.
The Contractor shall reimburse the City for any such expenses within thirty (30) days of
receipt of the City's invoice.
7. COMPLIANCE WITH APPLICABLE LAWS, ORDINANCES AND REGULATIONS
The Contractor shall comply with all applicable federal, state, and local laws, ordinances,
• rules and regulations, currently in effect or amended from time to time, governing the collection,
disposal and processing of solid waste in the performance of this Agreement and during the term
hereof.
8. TAXES, LICENSES, PERMITS AND CERTIFICATES
The Contractor shall pay all sales, use, property, income and other taxes that may be law-
fully assessed against the City or the Contractor in connection with the Contractor's facilities and
}
the performance of this Agreement.
8
sions. The Contractor agrees not to assign or encumber monies due or to become due to it under
this contract without subordinating any claim of an assignee or secured party to any prior claims
of the City arising out of this contract.
11. INDEPENDENT CONTRACTOR/COMPLIANCE
The Contractor is an independent Contractor, solely responsible for the control and pay-
ment of its employees. The Contractor agrees to comply with all ordinances and laws, including
but not limited to those concerning equal opportunity in employment. The Contractor shall
comply with all state and federal laws and regulations regarding Worker's Compensation and
I .
( Unemployment Insurance contributions.
12. BUSINESS OFFICE
The Contractor shall establish and maintain an office with local or toll free numbers -
through which Contractor can be contacted, complaints can be made, service requests can be
made, and instructions received from the City's Solid Waste Coordinator. The office shall be
equipped with sufficient telephones and shall have a responsible person in charge during collec-
tion hours. This service shall be operated between the hours of 8:00 A.M. to 5:00 P.M.,Monday
through Friday, except during listed holidays,or as otherwise directed by the Solid Waste Coor-
dinator. The Contractor shall identify the location of the office and garage area that will be used
to service the City. Additionally,the City shall be provided with a telephone number of a Con-
tractor's representative with the authority to commit resources in an emergency or unusual cir-
cumstance, 24 hours a day, seven days a week.
13. DATA COLLECTION
The Contractor shall collect and maintain accurate data, records and receipts, and shall
report to the City pertinent data, including but not limited to:
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distribution. This public awareness program shall include, but not be limited to the publication
•
•
and mailing of a bilingual(English & Spanish) brochure with information about the City's Solid
•
Waste & Recycling Program, on an annual basis throughout the term of this Agreement. This
publication shall illustrate how materials are to be prepared for collection and emphasize the im-
portance of recycling and waste reduction.
. All public education material must be approved by the City Kior to printing& distribu-
tion. The City reserves the right to edit all public education material for content. All costs asso-
ciated with producing and distributing the public education materials will be the responsibility of
the Contractor. The Contractor will b-e allowed to utilize the City's U.S. postal permit for mass
mailings. However, the Contractor will be responsible for paying all associated postage fees.
The Contractor agrees to provide the City with additional such educational materials as
the City deems necessary. The Contractor also agrees to distribute information to residents via
flyers placed in or on recycling container and/or waste receptacles, from time to time, as re-
quested by the City.
15. COMPENSATION FROM THE PROPERTY OWNER OR TENANT
The Contractor shall negotiate directly 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.
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charged to process or dispose of solid waste collected by the Contractor pursuant to this Agree-
ment at the Disposal Site designated by the City. The parties shall determine on a quarterly basis
any additional disposal costs incurred or disposal cost savings realized by the Contractor in util-
izing a Disposal Site designated by the City with such costs or savings to be calculated as pro- .
vided in this section. In the event it is determined based upon the calculation as provided in this
Section that the Contractor has incurred additional disposal costs in utilizing a Disposal Site des-
ignated by the City,the next payment due from the City to the Contractor for the services pro-
vided by the Contractor pursuant to f its Agreement will be increased in the amount of such addi-
tional disposal costs for the preceding quarter. In the event it is determined based upon,the cal=
culation provided in this Section that the Contractor has realized disposal cost savings in utilizing
a Disposal Site designated by the City, the next payment due from the City to the Contractor for
the services provided by the Contractor pursuant to this Agreement will be decreased in the
amount of such disposal cost savings realized by the Contractor for the preceding quarter. The
parties agree to provide the other party with reasonable documentation necessary for the parties
to make the determination on any additional disposal costs or disposal cost savings to the Con-
tractor regarding the use of a Disposal Site specified by the City. In the event the City designates
a specific Disposal Site to be utilized by the Contractor, and such Disposal Site is not owned,
controlled or operated by the Contractor or an affiliated company of the Contractor, it is agreed
that the provisions of Article 2, Section 9 entitled"CERCLA INDEMNIFICATION" shall not
apply to the solid waste processed and disposed of by the Contractor at such a Disposal Site des-
ignated by the City. The City has the right and may at any time rescind any previous designation
of specific Disposal Sites to be utilized by the Contractor. In the event the City rescinds the des-
ignation of a Disposal Site to be utilized by the Contractor such rescission shall be in writing. In
14
hibit 3. Collections shall not commence prior to 7:00 A.M. or continue past 7:00 P.M. unless
specifically authorized by the City's Solid Waste Coordinator.
The schedule shall not be changed without first obtaining permission from the City's
Solid Waste Coordinator and not without giving a minimum of sixty (60) days written notice to
all parties affected. In the event that a schedule change is granted, the Contractor shall be re-
quired to conduct, at minimum, the following public education activities at no cost to the City:
(a) Produce and mail a notice to all affected households a minimum of thirty(30)
days prior to the schedule change.
(b) Publish advertisements in each local newspaper fifteen days prior to the schedule
change.
Failure of the Contractor to maintain said collection schedule will be considered a breach
and default of the contract and grounds for immediate termination of the contract.
Upon request, the Contractor shall provide the City with three (3) copies of the daily rout-
ing schedule showing the approximate time the properties on each street are to receive collection
services.
21. SCHEDULE ADHERENCE
If at any time during the course of this contract, the Contractor shall collect any section of
the City on a day other than the scheduled day, the Contractor shall notify the City that Contrac-
tor is in violation of this Agreement. If a similar violation should occur once more within the
three week period following the week of the original violation, the City will notify the Contractor
by certified mail and withhold any further payment due under the Agreement until the Contractor
has furnished evidence satisfactory to the City's Solid Waste Coordinator that the Contractor has
{
taken necessary precautions to prevent further violations. Delays that are occasioned by holi-
16
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are not in contravention of applicable law. The Contractor shall immediately notify the City of
any accident or spill of any kind that involves the general public or private or public property
that occurs during the performance of this Agreement. Upon the City's request, the Contractor
shall provide the City with a written report including the details of any such accident.
25. PLACE OF PICK-UP
The Contractor is responsible for public curbside pick-up of all residential locations, or
properly waivered residential private street locations, as well as designated City buildings, parks,
special events, community service and public litter container locations. Curbside households are •
responsible for placing receptacles close to,but not encroaching upon the public street abutting
the property from which they are provided, and shall be no more than two (2) feet from the pub-
lic street curb and easily accessible to the collector.
26. PLACEMENT OF CONTAINERS
The Contractor shall return all containers at each service location to the treebank area of
the property, or from where they were collected. At no time shall containers be left in driveways
or in traveled roadways. Containers will be placed,not thrown, and shall not be left lying on
their sides, with all lids replaced and/or closed. Any contents spilled on the parkways, premises,
or streets are to be cleaned up by the Contractor in a workmanlike manner. In order to clean up,
a broom and shovel will be required on each vehicle.
27. REPLACEMENT DAMAGE
The Contractor is responsible for damages resulting from its careless handling of any
container. All containers that suffer damage caused by the Contractor shall be replaced by the
Contractor at no extra charge to the owner of the container. Thereafter, the replacement contain-
.:}
I8
The City reserves and has the right to change services levels and add new services as
necessary to existing facilities as well as new facilities that may be built or acquired during the
life of the contract at no additional cost. •
30. COLLECTION OF PUBLIC WASTE RECEPTACLES
At no additional cost, the Contractor shall collect, transport, and dispose of all solid waste
from City-owned public waste receptacles located along the public right-of way list of which is
attached hereto and made a part hereof as Exhibit 5.
These receptacles shall be furnished and maintained by the City. The City reserves the
- right to add new locations as necessary, not to exceed 10 per year, throughout the term of the
contract. The City's Solid Waste Coordinator must approve any schedule changes in advance.
31. HOUSEHOLD HAZARDOUS WASTE PROGRAM SPONSORSHIP
The Contractor will contribute to the City$1.00 annually per household stop covered un-
der this contract, a minimum of$25,000 annually, to help offset cost of the City's Household
• Hazardous Waste Collection Program. Payment shall be made to the City annually during the
month of November throughout the term of this Agreement and shall be based on the total num-
ber of household stops invoiced for that month. The City reserves and has the right to modify
the type of Household Hazardous Waste Program provided to residents.
32. COMMUNITY CLEAN-UPS
The Contractor shall provide, at no additional cost, collection and disposal of solid waste
collected as part of the City's Adopt-A-Highway Program, Community Restitution Program and
neighborhood clean-ups.
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34. EMPLOYEES
• The Contractor shall undertake to perform all services rendered hereunder in a neat,or-
derly and efficient manner; to use care and diligence in the performance of this Agreement; and
to provide neat, orderly and courteous personnel on its crews.
The Contractor shall agree to prohibit any drinking of alcoholic beverages by its drivers
and crewmembers while on duty or in the course of performing their duties under this Agree-
ment. The Contractor's employees will be attired, at all times, in a professional-type manner.
These specifics will be agreed upon between representatives from the Contractor and the City.
35. UNACCEPTABLE MATERIALS
Material placed out for collection that does not meet the criteria set forth in this Agree-
ment shall not be collected. The Contractor will be responsible for notifying residents of any and
all reasons why the materials were not collected. This will be done through the use of an adhe-
sive "leave-behind tag" that will be placed on the resident's materials. Tags shall have a good
•
pressure sensitive adhesive that will adhere to the"disposal unit" in all weather conditions. The
"leave-behind tag"shall be bilingual (English & Spanish) and include the Contractor's name and
telephone number. The"tag" shall clearly explain the reason(s) services were not provided and
what actions, if any, can be taken by the resident in the future to ensure proper collection of ma-
terials. Such notices are to be written, designed and printed by the Contractor at no additional
cost to the City. The"leave-behind tag" to be used by the Contractor must be approved by the
City prior to the commencement of this Agreement.
The Contractor shall also keep an accurate daily record of property addresses where un-
acceptable items are left behind, along with a description of the items or problem. This inforrna
tion shall be faxed to the City's Solid Waste Coordinator at the conclusion of each pick-up day.
•
• Lack of courtesy and responsiveness to citizens.
• Failure to adhere to any other aspects of the contract Agreement.
The City may deduct from payments due or to become due to the Contractor an assessment in the
amount of not less than $100, but not more than$1,000 per occurrence, depending on the sever-
ity of the deficiency.
38. BREACH OF CONTRACT
If the Contractor violates or breaches any term of this Agreement, such violation or
breach shall be deemed to constitute a default, and the City has the right to seek such administra-
tive, contractual or legal remedies as may be suitable to the violation or breach including,but not
limited to, the right to terminate this Agreement.
The Contractor shall be in substantial default of the terms of this Agreement if it fails to
collect and dispose of solid waste in accordance with the schedule of service established by this
Agreement for more than two (2) consecutive working days. When such a default occurs,the
City shall evaluate any extenuating circumstances offered by the Contractor, and shall determine
whether any such extenuating circumstances excuse the Contractor's failure to perform as re-
quired.
} If in the City's sole judgment, sufficient extenuating circumstances have not been dem-
onstrated,then the City shall serve notice to the Contractor stating that the Contractor will be in
substantial default if the Contractor does not take action to re-establish the schedule within
twenty-four (24) hours of said notice.
If at the end of such twenty-four(24)hour period, the Contractor has not reestablished
service in accordance with a City-approved schedule, the City shall take whatever action is nec-
essary to furnish solid waste collection services required by this Agreement.
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44. ENTIRETY
This Agreement, and any exhibits attached hereto, contains the entire agreement between
the parties as to the matters contained herein. Any oral representations or modifications concern-
ing this agreement shall be of no force and effect.
45. INSURANCE
At the Contractor's expense, the Contractor shall secure and maintain in effect through-
out the duration of this Agreement, insurance of the following kinds and limits to cover all loca-
tions of the Contractor's operations. The Contractor shall furnish Certificates of Insurance to the
City before starting or within ten(10) days after the execution of the Agreement, whichever date
is reached first. All insurance policies shall be written with insurance companies licensed to do
business in the State of Illinois and having a rating of not less than A-IX, according to the latest
edition of the A.M. Best Company; and shall include a provision preventing cancellation of the
insurance policy unless thirty(30) days prior written notice is given to the City.
If requested, the Contractor will give the City a copy of the insurance policies. The poli-
•
cies must be delivered to the City within two weeks of the request.
The limits of liability for the insurance.required shall provide coverage for not less than
the following amount, or greater where required by law:
(1) Worker's Compensation Insurance - Statutory amount.
(2) General Liability Insurance:
(a) Personal injury with limits of not less than $1,000,000 per occur-
i
j rence/$2,000,000 aggregate
(b) Property damage with limits of not less than $1,000,000 per occur-
rence/aggregate.
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willful misconduct or any reckless or negligent acts or omissions of Contractor's officers, em-
I
ployees, agents or subcontractors in the performance of the services to be performed pursuant to
this Agreement, including, but not limited to, matters involving any.injury to, or death of the
Contractor's employees, or to any other person, or damage to,or injury to real estate, or personal
property. In the event of any action against the City, its officials, officers, employees, agents,
boards or commissions covered by the foregoing duty to indemnify,defend and hold harmless,
such action shall be defended by legal counsel of the City's choosing.
47. CHOICE OF LAW
This Agreement shall be subject to and governed by the laws of the State of Illinois. •
Venue for the resolution of any disputes or the enforcement of any rights pursuant to this
Agreement shall be in the Circuit Court of Kane County, Illinois.
48. NOTICES
All notices,reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail,postage prepaid, addressed as follows: •
As to City:
John Loete, P.E.
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
As to Contractor: •
Tom Kleczewski
Municipal Marketing Manager •
Waste Management of Illinois, Inc.
7N904 Route 25
Elgin, IL 60120
'8
The Contractor shall invoice the resident directly for the cost of these additional
carts. These additional carts shall remain the property of the Contractor.
All garbage and refuse as herein defined that is designated for collection and disposal
must be placed in the cart(s) provided. In the event of garbage or refuse in excess of the cart(s) -
provided, residents will be required to place a pre-paid disposal sticker on each disposal unit of
refuse in excess of the provided cart(s) for collection by the Contractor. Residents who opt to
downgrade to a 35 gallon refuse cart, shall be allowed to place one additional disposal unit of
{ refuse, yard waste, household construction or demolition debris, or non-white good bulk item out
for collection each week by the Contractor without a sticker. The Contractor will also make pre-
printed 16-gallon plastic refuse bags available for one-half the price of a pre-paid disposal
sticker, plus the cost of the plastic bag itself,which at no time during the teen of this Agreement
shall exceed twenty-five cents each. Residents shall be allowed to place unlimited amounts of .
disposal units in addition to the cart at the curb for collection by the Contractor with a pre-paid
disposal sticker attached to each unit.
(b) Multi-Family Dumpster Stops:
{
The Contractor shall provide multi-family stops serviced by dumpsters with a 64-gallon
base-level service, based on the number of households at each complex. The formula used to
establish the base level refuse service for multi-family dumpster stops will be based on 205 gal-
lons = 1 cubic yard. The Contractor shall receive payment from the City for the base level of
service provided to each multi-family complex based on the number of household units served.
Example:
54 (number of household units)
x 64 gallons (base level of service per unit)
3,456 gallons or 16.8 cubic yards of service per week = Base Level Service
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(b) Multi-Family Dumpster Stops:
The Contractor shall provide a sufficient number of 96 gallon wheeled carts or dumpsters
serviced at specific collection intervals in order to meet the needs of each condomin-
ium/townhome complex. All service schedules are subject to the approval of the City.
4. BULK ITEMS
The Contractor shall provide weekly collection of properly prepared large household
items, household construction debris and tires, as defined herein, from all eligible households.
Residents shall be required to affix a pre-paid disposal sticker on each disposal unit for collec-
tion. Residents shall be allowed to place unlimited amounts of properly prepared disposal units
at the curb for collection by the Contractor with a pre-paid disposal sticker attached to each unit.
5. WHITE GOODS
The Contractor shall provide weekly collection of properly prepared white goods, as de-
fined herein, from all eligible households. Residents shall be required to affix a pre-paid appli-
ance sticker on each white good placed out for disposal. Residents shall be allowed to place
unlimited amounts of properly prepared white goods at the curb for collection by the Contractor
with a pre-paid appliance sticker attached to each unit.
6. YARD WASTE
The Contractor shall provide weekly yard waste collection service to all single-family
curbside households from April 1st through November 30t1i, inclusive.
During the month of April (April lS` through April 30th, inclusive), the Contractor shall
provide all single-family curbside households with unstickered yard waste collection service (the
"Spring Yard Waste Collection"). Residents shall be required to place yard waste at the curb in
paper yard waste bags for collection and may tie brush and branches into bundles measuring no
3?
vember 30th. Residents will be required to place leaves at the curb in paper yard waste bags for
collection. Pre-paid disposal stickers will not be required for bagged leaves during this period.
The City of Elgin will provide a disposal site and pay tipping fees for all leaves collected •
as part of both programs during the designated time period.
S. CHRISTMAS TREE COLLECTION
The Contractor will provide collection of Christmas trees from all single-family and
multi-family household stops from December 26th through January 15th, inclusive Christmas
trees shall be treated as yard waste. They shall be collected separately for mulching purposes and
shall not be landfilled. Pre-paid stickers will not be required for Christmas tree collection during
the designated time period.
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9. BASE SERVICE RATES
The City shall pay the Contractor for the listed services in Article 3, Sections 1 through 8-,
and for all of the other services and provisions of this Agreement for which a separate price and
payment is not specified, according to the following schedule:
(a) Single-Family $11.06/month/household
(b) Multi-Family $ 8.04/month/household
(c) Roll-Off Truck and Driver $76.65/hour
The City shall pay the Contractor for the Spring Yard Waste Collection services de-
scribed in Article 3, Section 6 at the rate of$0.21 per single-family curbside household per
month, for a twelve-month period. In the event the City designates a specific Disposal Site for
yard waste collected during the Spring Yard Waste Collection in accordance with Article 2, Sec-
tion 17, and the City agrees to pay the tipping fees for yard waste collected during the Spring
Yard Waste Collection, the City shall pay the Contractor for the Spring Yard Waste Collection
34
and an approved City logo. In addition the front of the sticker shall have the word "address"
with a space for residents to write their address if they so desire, and shall also have the date this
Agreement expires listed as an expiration date.
The back of the sticker shall list instructions for proper use of the stickers as well as other
information pertinent to the solid waste program. Stickers shall have a good pressure sensitive
adhesive that will adhere to the "disposal unit" in all weather conditions.
The Contractor is responsible for all accounting of stickers. Serial numbers shall be
printed on each sticker to aid in accounting and deter counterfeiting. The City shall not be held
liable for any counterfeiting of stickers that may occur.
(c) Distribution
The Contractor shall arrange for a minimum of six(6) local retail outlets to aid in the sale •
of the stickers and 16-gallon refuse bags. The City also agrees to act as a sticker and bag retailer
for the Contractor. The Contractor shall also make disposal stickers and bags available through
the mail (10 sticker/12 bag minimum). The Contractor shall be authorized to add the cost of
postage only to the cost of disposal stickers and refuse bags sold through the mail. The City
shall not incur any liability for retailer's payment or other obligations to the Contractor for the
stickers or bags. The Contractor shall be solely responsible for collection of sticker and bag sale
proceeds. Residents shall have the right to purchase refuse stickers in as small a quantity as one
(1) sticker at a time. Pre-paid 16-gallon refuse bags shall be sold in quantities of a minimum of
twelve(12).
The Contractor shall be permitted to sell stickers and refuse bags to retailers on a billable
basis only. The Contractor shall not charge retailers or the City for storage, handling, delivery,
or any other services associated with the distribution of stickers and refuse bags. The Contractor
36
services described in Article 3, Section 6 at the rate of$0.18 per single-family curbside house-
hold per month, for a twelve month period.
10. PRE-PAID STICKERS &BAGS
(a) Use
The Contractor shall collect certain solid waste items under the Modified Volume Based
Program, as defined herein, through the use of pre-paid stickers and bags. The total cost for the
collection and disposal of said items shall be included in the pre-paid sticker and bag rates. The
types of pre-paid stickers that shall be used in the program are as follows:
1. Disposal Sticker
One disposal sticker shall be required to dispose of each properly prepared disposal unit
of refuse, yard waste,household construction or demolition debris, or non-white good bulk item,
as defined herein.
2. Appliance Sticker
One appliance sticker shall be required to dispose of each properly prepared white good,
as defined herein.
(b) Design and Accountability
The Contractor shall be responsible for the printing, distribution, and sale of an ample
and always available supply of pre-paid stickers and refuse bags. The City reserves the right to
approve the form, design,wording and quality of the stickers and refuse bags before their fabri-
cation.
Pre-paid stickers shall be produced on paper and have an elongated rectangular fouii with
minimum dimensions of 7.5 inches in length and 1.4 inches in width. The front of the sticker
shall be of a bright, neon colored background and bear the Contractor's name and phone number
35
•
vember 30th. Residents will be required to place leaves at the curb in paper yard waste bags for
collection. Pre-paid disposal stickers will not be required for bagged leaves during this period.
The City of Elgin will provide a disposal site and pay tipping fees for all leaves collected
•
as part of both programs during the designated time period.
8. CHRISTMAS TREE COLLECTION
The Contractor will provide collection of Christmas trees from all single-family and
multi-family household stops from December 26th through January 15th, inclusive. Christmas
trees shall be treated as yard waste. They shall be collected separately for mulching purposes and
shall not be landfilled. Pre-paid stickers will not be required for Christmas tree collection during
the designated time period.
•
9. BASE SERVICE RATES
The City shall pay the Contractor for the listed services in Article 3, Sections 1 through 8-,
and for all of the other services and provisions of this Agreement for which a separate price and
payment is not specified, according to the following schedule:
(a) Single-Family $11.06/month/household
(b) Multi-Family $ 8.04/month/household
• (c) Roll-Off Truck and Driver $76.65/hour
The City shall pay the Contractor for the Spring Yard Waste Collection services de-
scribed in Article 3, Section 6 at the rate of$0.21 per single-family curbside household per
month, for a twelve-month period. In the event the City designates a specific Disposal Site for
yard waste collected during the Spring Yard Waste Collection in accordance with Article 2, Sec-
tion 17, and the City agrees to pay the tipping fees for yard waste collected during the Spring
Yard Waste Collection, the City shall pay the Contractor for the Spring Yard Waste Collection
..• 34
•
and an approved City logo. In addition the front of the sticker shall have the word "address"
with a space for residents to write their address if they so desire, and shall also have the date this
Agreement expires listed as an expiration date.
The back of the sticker shall list instructions for proper use of the stickers as well as other
information pertinent to the solid waste program. Stickers shall have a good pressure sensitive
adhesive that will adhere to the"disposal unit"in all weather conditions.
The Contractor is responsible for all accounting of stickers. Serial numbers shall be
printed on each sticker to aid in accounting and deter counterfeiting. The City shall not be held
liable for any counterfeiting of stickers that may occur.
(c) Distribution
The Contractor shall arrange for a minimum of six (6) local retail outlets to aid in the sale
of the stickers and 16-gallon refuse bags. The City also agrees to act as a sticker and bag retailer
for the Contractor. The Contractor shall also make disposal stickers and bags available through
the mail (10 sticker/12 bag minimum). The Contractor shall be authorized to add the cost of
postage only to the cost of disposal stickers and refuse bags sold through the mail. The City
shall not incur any liability for retailer's payment or other obligations to the Contractor for the
stickers or bags. The Contractor shall be solely responsible for collection of sticker and bag sale
proceeds. Residents shall have the right to purchase refuse stickers in as small a quantity as one
(1) sticker at a time. Pre-paid 16-gallon refuse bags shall be sold in quantities of a minimum of
twelve(12).
The Contractor shall be permitted to sell stickers and refuse bags to retailers on a billable
basis only. The Contractor shall not charge retailers or the City for storage, handling, delivery,
or any other services associated with the distribution of stickers and refuse bags. The Contractor
36
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shall have the right to cease supplying stickers and refuse bags to any retailer that repeatedly al-
lows its inventory to run out. Retailers will be required to pay the Contractor for any previous
order before additional sticker orders are filled, except in cases where the retailer works on a
thirty(30) day billing cycle. The Contractor shall have the right to cease supplying stickers and
refuse bags to any retailer who becomes more than thirty (30) day in arrears in making payments
on its account. The Contractor shall notify the City of the names of retailers to which the supply
of stickers and refuse bags has been suspended as soon as the suspension occurs.
The Contractor will supply a list of participating retail outlets on October 1st of each year
of the Agreement.
(d)Honoring All Stickers
The Contractor shall agree to honor all pre-paid stickers and refuse bags purchased by
residents throughout the term of this Agreement regardless of the price at which they were pur-
chased. The Contractor shall provide the same level of service for previously purchased stickers
and refuse bags as is provided for stickers and refuse bags sold at an adjusted sale price. For this
reason stickers and refuse bags shall be produced without a price printed on them.
Should the City select a different hauler at the expiration of this Agreement, the Contrac-
tor agrees Co refund all customers the full purchase price of any pre-paid disposal stickers re-
turned to the Contractor within forty-five (45) days after such Agreement expires. The Contrac-
tor will reimburse retailers as appropriate for returned or unsold disposal stickers within sixty
(60) days from the expiration of the Agreement.
(e) Cost
The listed stickers and bags shall be sold according to the following schedule:
(1) Disposal Sticker $2.04/each
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37
(2) Appliance Sticker $25.55/each
•
(3) Pre-paid Refuse Bag $1.12/each
(f) Administrative Fees
The City reserves the right to add a fixed administrative surcharge to all sticker and re--
fuse bag sale prices quoted. The surcharge shall be used to defray the expenses incurred by the
City for administering this Agreement and program. Should the City choose to add an adminis-
trative surcharge to the pre-paid sticker or bag sale price, the Contractor shall submit a monthly
accounting of total sticker and bag sales and remit a check to the City equal to the amount of the
administrative surcharge multiplied by the monthly accounting of total sticker and bag sales.
•
Such a report and remittance shall be due no later than fifteen (15) days after the close of the
month: The City reserves the right to change the amount of the surcharge and shall notify the
Contractor by August 1st, prior to any scheduled sticker or bag price adjustment of a new admin-
istrative surcharge.
11. WHEELED CARTS
(a)Refuse Carts
The Contractor shall provide one(1) refuse cart for each dwelling unit in every eligible
curbside household. The size of the refuse carts shall be 35, 64 or 96-gallon carts, as determined
by the City. The Contractor or his designee shall invoice the City directly for the cost of refuse
carts purchased as part of this Agreement at a rate not to exceed $36.28 per cart for the first year
of this Agreement. This rate shall include all shipping, assembly, distribution, maintenance and
warranty as specified herein. Annual rate increases for subsequent years for refuse carts shall be
limited to the Consumer Price Index for Chicago-Gary-Kenosha beginning in November 2003.
38
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The Contractor shall provide and make available additional carts to residents upon re-
quest for a fee. The monthly fee for this service will be the additional volume of waste to be dis-
posed of calculated as set forth in Article 3, Section 2(a). The Contractor shall invoice the resi-
dent directly for the cost of these additional carts.
All refuse carts distributed to residents as part of this agreement shall become the City's
property, including the remaining waiTanty, with the exception of additional carts requested by
residents with such additional carts remaining the property of the Contractor. All maintenance or
replacement of carts shall remain the Contractor's responsibility at the Contractor's cost until the
expiration of this Agreement.
(b) Recycling Carts
The Contractor shall provide one (1)recycling cart to each for each dwelling unit in
every eligible curbside household. The size of the recycling carts shall be 35 or 64 gallon carts,
as determined by the City. All recycling carts distributed to residents as part of this contract
shall become the City's property including the remaining warranty. Any maintenance or re-
placement of recycling carts shall remain the Contractor's responsibility at Contractor's cost un-
til the expiration of this Agreement. There shall be no additional charge or cost to the City or
residents for such recycling carts it being agreed and understood that the costs and charge for
such recycling carts has been incorporated into the base service rates to be paid to the Contractor
pursuant to this Agreement.
(c) Cart Design
The wheeled carts shall be designed to contain solid waste including garbage, refuse,
rubbish,yard clippings, and recyclable materials. The cart must be serviceable by both semi-
automated and fully automated collection systems. Each cart must have a separate serial number
for identification purposes.
The color, style and design of all carts utilized under this Agreement shall be determined
solely by the City:
(d) Distribution
The Contractor shall be responsible for distributing all carts provided under this Agree-
ment. Carts shall be delivered, fully assembled, to all current and future curbside households
and/or properties covered under this Agreement. The Contractor shall be responsible for ex-
changing or delivering new carts, upon request. The Contractor shall maintain an adequate sup-
ply of carts on hand in order to meet demand.
The Contractor shall be responsible for recording the serial numbers of each cart as they
are delivered to each household, as well as to each City park and/or facility.
(e) Consumer Education
The Contractor shall be responsible for providing and distributing instructions (in both
English and Spanish) on the proper use of the carts, at no additional cost to the City. These in-
structions for use shall be included with the carts at the time they are delivered to each house-
hold. Both the Contractor and the City will make available written materials explaining the
ownership and stipulating that the containers remain at the property in the event the residents re-
locate.
} (f) Technical Specifications
The polyethylene resin used in the construction of the cart and lid shall contain a mini-
mum 25% recycled plastic(10%post-consumer). The body of the container shall be composed
40 ••
of recyclable high-density polyethylene resin. The body and lid of the container shall be resis- •
•
tart to damage by rodents and other pests.
The containers when empty, must not overturn when the lid is thrown fully open. The
containers must be designed to prevent being turned over by winds up to 40 mph (30 mph for the
35 gal cart). The container body shall be free of pockets, recesses or significant intrusions that
could trap debris or interfere with the discharge of refuse.
At minimum, there shall be sufficient space allocated on the right and left sides of the
body of the container for the hot stamping/imprinting of a municipal or program logo, as deter-
mined by the City, into the plastic surface of the cart. The images shall not fade, discolor, or
disfigure and shall not peel or wear off under normal use conditions. •
•
The lid must be of one-piece construction, injection molded of high-density polyethylene
resin, domed to facilitate water run-off The lid must be permanently attached to the body. No
lid latches will be accepted. Lid will be held closed by its weight only. An insert attachment
hook must be molded into the undersurface of the container lid to accommodate the distribution
of information inserts.
•
At minimum, there shall be sufficient space allocated on the outside panel of the con-
tainer lid for the hot stamping of black and white images into the plastic surface of said lid con-
veying safe and proper use, descriptive collection program information or graphic depictions.
The images shall not fade, discolor, or disfigure.and shall not peel or wear off under normal use. •
•
All plastic parts must be specifically prepared to be colorfast so that the plastic material
•
does not alter appreciably during normal use. Containers will have not less than one half of one
percent (.5%) pigments by weight.
Each container shall meet the following minimum size specifications:
•
41
EXHIBIT 5
---__-------_ - --___.---- _
CITY OF ELGIN
PUBLIC REFUSE RECEPTACLES
SERVICE LOCATIONS & COLLECTION SCHEDULES
Downtown Collection Day
State St. between Highland and Chicago (7) Mon/Wed/Fri
<9 State St. El Farro's Mon/Wed/Fri
<NE State &Chicago i Mon/Wed/Fri
<NW State&Chicago -- ------ - -�--- Mon/Wed/Fri
< 10 State St- Mon/Wed/Fri
L.<NE State&Highland Mon/Wed/Fri
<SE State &Highland ._-- Mon/Wed/Fri
<SW State&Highland 1 Mon/Wed/Fri
Highland Ave.between N. Grove&State St. (1)
<NE corner of Riverside Dr. &Highland j-- Mon/Wed/Fri
N. Grove between Highland & Chicago (6)
<Mid block(east side) Mon/Wed/Fri
<Mid block(west side) Mon/Wed/Fri
<NW corner of Grove &Highland _ i Mon/Wed/Fri
< SW corner of Grove &Highland _ Mon/Wed/Fri
< SE corner of Grove&Highland Mon/Wed/Fri -
<NE corner of Grove&Highland ; Mon/Wed/Fri
S.Grove between Chicago & Prairie (11) _ _ _ __—_-
<Fountain Sq. Plaza(SW corner of Grove &Chicago) (3) .1 Mon/Wed/Fri
< 38 S. Grove Mon/Wed/Fri
<42 S. Grove------ ---------- - Mon/Wed/Fri
Grove— -- -_ --- -
<32 S. Grove Mon/Wed/Fri
<East intersection of DuPage Ct & S.Grove (by Fountain) - Mon/Wed/Fri
< In front of Crocker Theatre(SW corner of Fulton & Grove) Mon/Wed/Fri
< 125 1/2 S. Grove Mon/Wed/Fri
1 3/9/2004
- -
Park Location Trash Carts Service Day/Frequency
Jefferson/Prospect/Plum/ -
St. Francis Park Center 1 Monday
' Summer Hill Park Concord &Thoreau 1 Tuesday
Dundee/Duncan/Trout Park . @30 (includes
Trout Park Blvd. ballfield) Mon/Wed/Fri
Wing Park Wing St. & Wing Park Blvd. several (varies) Mon/Wed/Fri
Mon/Wed/Fri (Memorial
Wing Park Pool Wing St. & Wing Park Blvd. @25 Day-Labor Day)
Wing St. Park N. State St. & Wing St. 1 Friday
Willow Bay Park Willow Bay&Annandale Dr. 1 Thursday
Wright Ave. Park Wright Ave. &Kramer 1 Wednesday
Zayres Park Mulberry Lane 1 Thursday
Mon/Wed/Fri
American Little League Hiawatha& Summit @16 (April- October)
Mon/Wed/Fri
National Little League Hiawatha & Summit @16 (April - October)
S. State St., behind Sec.of Mon/Wed/Fri
Continental Little League State's Office @25 •
(April-October)
Mon/Wed/Fri
Classic Little League Wing Park @12
(March- Sept.)
Twice per week
Summer Camps Various Locations (approx.5) varies , (June- August)
2 3/9/2004
. ,
. . ,
, •
. 1. .
EXHIBIT 4
•, - • -4
1 I 1
CITY OF ELGIN
.
MUNICIPAL PARKS _._ •
SCHEDULES
SERVICE LOCATIONS & COLLECTION
•
. .
.•
--."4----
Park •
. Location Trash Carts . Service Day/Frequency
....._.... _
Barclay Park Dundee,North &Center 1 Tuesday •
Burnidge Woods Park Banks Dr. 1 ,
Friday
Central Park S. State & Standish St :
. 1 i_ Wednesday . •
1
:Century Oaks N. McLean &Forest Ave. 1- 2 Friday
I--
Clara Howard Fremont St. i 1 Tuesday
) ,Clifford, Oswego &Frazier,,
.Clifford-Owasco (enter off Mable) 1 Friday
I--——
;Corley Drive Park Corley& Longford — 1 - Tuesday
-I--
Douglas Ave. 1 Douglas &Kimball 1 Tuesday .
--I
Drake Field , Hastings Ave. & Lavoie St. @20 Mon/Friday(June-Nov)
Eagle Heights i Deborah&Kimberly 1 Friday
---,
Elgin Sports Complex i S. McLean &Spartan Dr. @25 Mon/Wed/Fri (seasonal)
Frazier&Clifford(access
Frazier Park off of mabel 1 Friday
DuPage/Fulton/Chapel/
Gifford Park Park Row 2 Mon/Fri
1---
Souster Ave. & Willis St.
Grolich Park Rt. 20 By-Pass 2 Mon/Wed/Fri
Hawthorne Hills • NE corner of Randall Rd. &I to be set up at a
Park/Nature Preserve Foothill Dr. I later date
I .
I Bode/Grand/Hiawatha/ ±--
!Lords Park Oakwood Dr. several (varies) - Mon/Wed/Fri
,..
Bode/Grand/Hiawatha/ Mon/Wed/Fri
Lords Park Pool
;
Oakwood Dr. i
,
1- @17
(Memorial Day-Labor Day)
!Memorial Park Villa/Prairie/Chapel : 1 Tuesday :
.
Millennium Park Columbine/College Green 2 • Thursday
Observatory Park I_i National & St. Charles St. ! 2 _1 Wednesday
. -
Powder River Path Powder River Path 2 Friday .
-
....._ ..__
Randall Ridge Park Dead End of Winchester Dr. 1 Mon/Fri .
Ryerson Park ; S. State&Ryerson Ave. 2 Wednesday ' 1
...
1 3/9/2004
,. .
\ --Trash Patter Commingle '—�" �`-- -- 'aWaste
—
Building —""~"=°"mbe' Containers _ e u� / Service lc"w"�°� S"m��_
ROPE HOUSE* —���cx�^� To be _ ' - -'�-- -- - '
' mbe"mupm"lat"date
ROPE HOUSE* 489 Fremont ROPE HyuSE� _ / To be �� _ _ — _ — ' —_--___—|__— � �—_.L_ _..
ROPE HOUSE _ '�n�""�. ' — —' ------ " ' � - (' � -
ROPE HOUSE•_ _267 McClure To be )
--'
-----'' ____
�'- --' �
^xo,�, through
Serviced
^ !
� !
| �
' .
•
2
`m/2o04
EXHIBIT 4
•
_ l
■ .
CITY OF ELGIN _ — -I
MUNICIPAL FACILITIES _
SERVICE LOCATIONS&COLLECTION SCHEDULES - .
�.. 1 L.. - i
1L_ __ I _
Trash i Paper Recycling — ] Commingle Recychn _ __ Yard Waste _
Budding___I__-_, Address Account Number Containers- _J Service Containers Service Containers Service Containers Se__ice
C�Hall.— I-_-150 Dexter Ct_ - 101-3889 2-2 y .l Mon-Fri I 2-2_yd Mon/Wed/Fri I -. 1-96.gal I x N..vk n/a i n/a
Police Dept L 151 Do glas Ave. 101-18978 . 2.2.yd I Mon-Fri 1 2-2 d Mon/Wed/Fri
Public Works I 1900 Holmes Rd. - 101.59971 1-8 yd ' Mon/Wed/Fri 4. 1-6y 1 Mon/Wed/Fri 1 2-96 gal ix wk _ 1-mod -I Mon/Wed/Fri
Hemmens Cultural Center t 45 SZmtphonv Way 101,3868 I-4 yd Mon/Wed/Fri-] 1_2 yd - Mon/Wed/Fri 2-96 gal lx wk
Parks&Rec Office i 31 S.Grove 1-2 yd 2x wk I-2yd Ix wk . 1-96.&a1 1 x wk
Water Meter Shy i 2 Slade Ave 101-4256 1-2 yd ThursdaL 1-2 yd Thursday ! 1-96 gal Wednesday
Riverside Treatment Plant 375 W.River Rd. !01.3867 (-G yd Thursday 1 2 yd Thursday 1-96�a1 Monday
Water Treatment Plant I 74 N.Ahlitc 101-3875 1-2 yd Thursday 196 gal Monday ! 1-96 gal Monday
Fire Station#1 SS Summit _ 101-3866 1-6 yd _ lx wk 2 96�a1 Mond* 1-96 gal Monday 1.7.2__ __ on-call
Fire Station#1 550 Summit 101-3887
Fire Station#2 650 Big Timber 101-3865 I 1-4 yd Mon/Fri 2 96_ga1 1 Fridays 1 !yd_Fire Station#3 2455 Royal Blvd 101-4201 1-2 yd lx wk I__- 1-96 gal - _ F riday!„_ -
on-call
Fire Station#4 l___599 S.McLean 1 - 101-4199 1-2 Yd lx wk 1-96 gal Thursday*' _
Fire Station#5 804 Villa St. - . 101-4200 1-2 yd lx wk I-96 gal - Tuesday' 1-2 yd on-call__
gal I ;
Fire Bam#5 St Charles St. 101-30814 96 al lx wk 1 9G gal Wednesday'
Win�Park ..._ 1- Maintenance Bam t,._- 101-3951 2-G d 3x wk . ..l _..._ - l.__
- ._.t Y 1 L ---- -- . 1-6yd. ._ ._t- 3x wk
Wing Park Golf Course btwn Pavillion&ballh -i-
elds, 101-16663 1-2 yd lx wk t I_ _ 1-6 d 3x wk
tiawthom<Hills Park& ',NE corner of Randall Rd.&i To be set up at a later
Nature Preserve Foothill date
The Highlands Golf Course S.Mclean&Spartan ' 1-8 yd 2x wk 1-6 yd _ 3x wk __
Elgin S orts Complex S McLean&Spartan 101-30813 I 2-8 yd 3x wk 1-S yd 1 2x wk _ 1.6 3x wk
Trout Park Rt.25&Trout Park Blvd.y 101-30825 1 1-4 yd 2x wk I
Lords Park i Grand Blvd/Franklin 101-3950 ( 2-8 yd _- 3x wk , 1 6 d ( -
y 3x wk
— II (Dorglas Ave.enclosure) 3-2 yd 5x wk 2.2 yd 3x wk 5-96 gal 2s wk 1. -._____
The Centre 100 Symphony Way j (Symphony way enclosure) I-2yd - on-call j 1.2 vd — on-call
Serviced by the City -`1- ' •---- ---
City Skate ice Rink 150 Dexter Ct.(rear) _ (Seasonal) 4-96 _ 3x wk I ,
Bluff City Cemetery _._- Bluff City B l v d_ I01-45417_ 1-4 yd Ixwk - - _ 1-96 gal Wednesday* 1 4yd ' 2x wk---
Elgin in Public Museum- - "- -- _ -----`-'
Old Main* 360 Park St-Parking bat T___• 101-57790 _- ! 1-96 gal I x wk 1-96 gal . Ix wk , j
j I
6
Elgin Public Museum 1 225 Grand Ave, 101-56748 1_96 gal - ix wk 1-96 pal - • lx wk
4
American Little League Hiawatha&Summit 101-20041 1-4 yd 2x wk ,
•
National Little League ue Hiawatha&Summit. 101-20042 1-4 yd 2..wk ___ I. _
-
Classic Little League { Wing Park 101-20040 I 1-4 yd 2x wk
Continental Little League S.State St. 101-20039 1-4 yd 2x wk
Various Locations
Summer Camps I (approx.5 locations 5 to 7-96 gal 2x wk Seasonal
i
ROPE HOUSE* 310 N.Spring To be set up at a later date _ (
ROPE HOUSE* 417 Lovell To be set up at a later date i I -
1 3/9/2004
•
•
EXHIBIT 3
• CITY OF ELGIN
SOLID WASTE COLLECTION SCHEDULE
.
r •
•
. -
'1 IMOindaY
'ri F_� --
* t DH _
Thur,sdT /: 1 , CnY4
tf
;' dn 'sdT
t , ♦4. V
/ , -.
! :
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 2 -
.L__._ _._ .__ _ ...._.1 - ._ L.. _ . .i. _ i .
CITY OF ELGIN
— – CURBSIDE MULTI-FAMILY SERVICE LOCATIONS
& .
COLLECTION SCHEDULES
j
Trash Collection Recycling Collection
Complex Location Account No. #Units Containers Days 1 96 Gal. Carts r Days}
College Park Square h _ SE South St. &Randall 101-18102 i_ 35 -t_ 5 _2 yd Wed , 6 1 _ Wed
Denver Condos 712 W. Highland 101-16113 6 1•-2 yd Sat ! 2 I Wed
7-2yd,4-4yd, i i
Garden Quarters NW Wing&Garden Crescent Dr. 101-3379 169 3- 6 yd. Tues/Fri 22 I Wed
Kennington Square Rt. 58&Kenneth Circle 101-27399 189 6-8 yd, 1-6 yd I Mon/Thurs 18 1 _Wed
Lords Park Condos I Terrace Ct. (south side) 101-27394 i 35 3-2 yd � Mon/Thurs 2 Wed
Maplewood Condos North side of Highland, end of Heine 101-27400 16 1-4yd I Tues/Fri 2 I Wed
Park Terrace r 764-774 Terrace Ct. 101-17338 18 2-2 yd j Thurs ; 2 Wed
Regency South _ —— NE Randall& do West of Lyle 101 27496 1 60 5 2 d r Tues/Fri 6 Wed J '—
Sandy Creek Condos -- N. side of W. Highland, y 9 ; y 1...-_.-
. -
Shoe Factory Homes NE Congdon &Dundee 101-28565 j 27 _-_2-2 yd Tues/Fri 4 i Wed
Stonebriar Condos NW Highland &N. Lyle 101-24878 - 20 3-2 yd • Tues/Thurs 4 Wed •
Stonegate of Valley Creek NE`!-iighland&Airlite 101-17657 24 4-2 yd - Tues 4 I Wed
Mon/Wed/
Tyler Tower Condos Plymouth Ln. 101-27396 72 4-2 yd Fri 8 I Wed
j __- _________ - ---- L._ . - --
Total i � 725 i
1 3/9/2004
| � .
. .
Complex Closest Intersection Account No. Service Day ! #of Units
Windmere Cove Condos Nautical Way&South St. 101-28774 I Thursday 48
Woodbridge Townhomes College Green Dr. &Randall ' 101-12332 j Thursday 113
Woodland Meado I Bode Rd. — Deer Run—_ 012994 Tuesday 86
N�Clftoo ' ' lO1 Foduy ! 2
------ '------�-�--'--- -- | ��
12NDoo8luo | 101-2071— ----'---------- �------- i | �--
7[OTAD. 3,151
•
' 3/9/2004
2
� �
EXHIBIT 1
CITY OF ELGIN
CURBSIDE MULTI-FAMILY SERVICE LOCATIONS .
•
&
COLLECTION SCHEDULES-
Complex Closest Intersection Account No. Service Day # of Units
Century Oaks West . Creekside Circle & N. Lyle • 101-12087 Friday 1 50
c ubblei'.s Crossing-South Rt. 58 & Shady Oaks Dr. 101-12086 Monday 436
C'obbler's Crossing-North Toastmaster& Congdon 101-16025 Monday 160
College Green Dr. between Randall &
College Green S. McLean Blvd. 101-46663 Thursday 388
•
Countryfield Shales Parkway& Summit St. (Rt. 58) 101-70567 Monday 22 -
Fieldstone Rt. 19& Littleton Tr. 101-28102 Tuesday 339
Amber Ln; south of Hopps Rd., off of
Fox Ridge Knotty Pine Dr. 101-29995 Thursday 43
NE corner of Randall Rd. & 1ighland
Hickory Ridge • Ave. 101-15696 Friday 52
Highland Springs Highland Ave. & Highland Springs Dr. 101-12333 Friday 106
Lincolnwood Terrace - Presidential Ln. & Highland Ave. 101-12336 Thursday 16 •
Millcreek Randall Rd. &Fletcher Dr. 101-28773 Friday 89
Mulberry Grove Umbdenstock& Montclair Dr. 101-54656 Thursday 84
Neutrenton Bode Rd. & Shales Parkway 101-70974 Tuesday 5
Oaks Club Tall Oaks Dr. & Randall Rd. 101-12335 Thursday 46
Oakwood Hills Rt. 19 & Woodview 101-12334 Tuesday 321 •
Park Bluff Willard Ave. & Bode Rd. 101-31781 Tuesday 26
Pine Meadow S. McLean & Bowes Rd. 101-28775 Thursday 68
Regency Woods Condos 17-33 Garden Crescent 101-56461 Friday 1 7
North side of W. Highland Ave.
Sandy Creek Manor Homes • between Airlite & Lyle Ave. 101-15698 Friday 27
Sierra Ridge Condominiums College Green Dr. & Mesa • 101-18718 Thursday 113
Spring Cove 1700 W. Highland Ave. 101-15695 Friday 10
North side of Big Timber,Just east of
Spring Oaks Randall Rd. 101-1 5697 Friday 17
Stonegate of Century Oaks Big Timber & N. Lyle Ave. 101-12331 Friday 78
•
Tyler Bluff Florimond & Big Timber 101-28772 Friday 60
NE& NW corners of Waverly&
Waverly Commons Condos Jefferson 101-28776 Monday 72
Williamsburg Terrace W. Highland Ave. & Governors Ln. 101-15699 Thursday 13
West of Umbdenstock, between t
Willow Bay Club Bowes & Hopps Rd. 101-26141 Thursday 143 1
1
-i, 2(}r a
17. MISCELLANEOUS
The Contractor shall collect and recycle empty old recycling bins, at no additional cost to
the City or residents. Prepaid disposal stickers shall not be required to dispose of empty, old re-
cycling bins.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
{
as of the day and year first set forth above.
CITY OF ELGIN WASTE MANAGEMENT OF ILLINOIS, INC.
By i /G1 y"' --‘--.--- , By CIL�- �__�_� �•.��w
City Manager
Attest: Attest:
City Clerk.
•
48
•
The Contractor shall provide an annual spring cleanup for one (1)week each year. Dur-
ing this period,the Contractor shall collect unlimited properly prepared disposal units of large
household items, household construction and demolition debris, yard waste,white goods and ex-
tra refuse from all single family and multiple family households without a prepaid sticker. The
City will work with the Contractor to establish reasonable guidelines to limit program abuse.
The specific week of the annual cleanup shall be established between the City and the Contrac-
tor. The Contractor shall receive payment for such annual spring cleanup services as part of the
monthly invoice to the City at an annual rate of$10.79 per household, payable as $0.90 per
household, per month, over a twelve(12) month period.
(b) Street Sweeping Disposal(Using Roll-Off Dumpsters)
The Contractor shall provide a sufficient number of roll-off dumpsters on an as-needed
basis, at locations to be designated by the City, for the disposal of all street sweepings generated
as part of the City's daily operations. The Contractor shall be responsible for picking up and de-
livering containers within twenty-four (24) hours upon request from the City for service. The
Contractor shall receive payment for such street sweeping service disposal with roll-off dump-
sters through a separate monthly invoice to the City at a rate of$56.21 per ton. Payment will be
based on the number of tons disposed of.
(c) Fall Leaf Disposal Site
The Contractor shall provide a disposal site for leaves collected by both the Contractor
and the City during the fall leaf collection program. The Contractor shall receive payment for
the service of providing a fall leaf disposal site as part of the monthly invoice to the City. Pay-
ment will be made based on the volume of material disposed of at a rate of$11.24 per cubic
yard. The Contractor shall issue load tickets to each vehicle at the time of disposal.
47
3 -
15. PROPERTY MAINTENANCE CLEAN-UPS
(a) Description of Services
In the event that a property owner fails to comply with the City's solid waste program
regulations, the City may take corrective action to remove miscellaneous refuse and debris that
has been left on the treebank area of the property in order to ensure the health and safety of the
public.
Within twenty-four hours of the receipt of a request from the City, the Contractor shall -
collect&dispose of refuse from specific properties located within the City limits. The Contrac-
tor will not be expected to enter onto private property to conduct these clean-ups. It is the City's
expectation that the property shall be left completely free of refuse and debris upon completion
of the clean-up.
(b) Payment for Services
The Contractor shall receive payment for these services through a separate monthly in-
voice to the City. Payment will be at a rate of$18.40 per cubic yard of solid waste material re-
moved from each site and said rate shall include all equipment and labor costs. The Contractor
will be responsible for submitting the appropriate load tickets with monthly invoices indicating
the address, date and time of the clean-up and the number of cubic yards collected from each lo-
cation.
16. OPTIONAL UTILIZATION OF ADDITIONAL SERVICES
The City has the right and option to utilize additional services of the Contractor during
the term of this Agreement. Upon written notice from the City to the Contractor, the Contractor
shall provide the following services at the following rates: -
(a) Annual Spring Cleanup
46
vehicle at the time of disposal indicating the date,vehicle number and volume of material dis-
posed of.
14. DISASTER CLEAN-UP SERVICES
(a) Description of Services
In the event a disaster, as declared by the Public Works Director, strikes the City result-
ing in excessive amounts of refuse,the Contractor will arrange for additional vehicles and em-
ployees to maintain a normal collection schedule or a closely related schedule agreeable to the
City. The Contractor will be responsible for servicing the community in a timely manner, within
one week of the disaster.
The City is dedicated to proper disposal of materials requiring such service. However,
the Contractor is expected to assist the City in encouraging recycling and drop-off alternatives
for other materials that may be discarded by the public following a disaster(items such as appli-
ances and brush). In order to insure the proper handling, recycling or disposal of all materials
generated by a disaster, the Contractor will service the community primarily through curbside
collection and the City will designate if and where any dumpsters will be placed.
(b) Payment for Services
The City and the Contractor will negotiate a flat fee to be paid for the services based on
the additional level of service required, the volume of material disposed of, number of vehicles
servicing the area, and extended hours of operation. This fee will be in addition to the cost asso-
ciated with the normal service already provided for through the general agreement. The Contrac-
tor will be responsible for providing all necessary data and a separate invoice for the disaster ser-
vice.
45
i .
•
Rates are as follows:
Regular Portable Toilet $74.61/unit
Handicapped Accessible Portable Toilet $97.09/unit
Hand Washing Unit $97.09/unit
Roll-Off Dumpsters:
• 20 yd $270.83
30 yd $373.03
40 yd $475.23
(c) In-Kind Services
The Contractor shall provide up to $5,000 annually of in-kind services including,but not
limited to,portable toilets,hand washing units and roll-off dumpsters for City of Elgin sponsored
special events during the term of this contract. Examples of these events include: the 4th of July
Parade, Fine Arts Fest(August) and Fox Trot(May). In return, the Contractor will be listed as a
Silver Sponsor for the designated events. The value of the in-kind service will be based on the
contract price included herein.
13. STREET SWEEPING DISPOSAL
(a) Description of Services
The Contractor shall provide a street sweeping disposal site located within five(5)miles
of the City's corporate limits where the City can bring street sweeping material for disposal.
This site must be accessible to City equipment.
(b) Payment for Services
The Contractor shall receive payment for these services through a separate monthly in-
voice to the City. Payment will be made based on the volume of material brought to the site by
the City for disposal, at a rate of$42.41/ton. The Contractor shall issue load tickets to each City
44
• Failure of any portion of the bottom of the container body to remain impervious to
wear-through despite repeated contact with rough and abrasive surfaces.
• Failure of the container body, lid,hardware, or any component parts to maintain
their original shape.
• Failure of the wheels to provide continuous, easy mobility as originally designed
or intended.
• Failure of any container, container body, lid, wheels, or other component part to
conform to the minimum standards specified herein.
12. SPECIAL EVENT SERVICES
(a) Description of Services
The Contractor shall provide portable toilets, hand washing units and roll-off dumpsters
for various festivals and other special events sponsored by the City. The Contractor has provided
the City with a total of eighty 64-gallon wheeled carts (forty black carts with"TRASH ONLY"
imprinted on each lid and forty burgundy carts with `RECYCLABLES ONLY" imprinted on
each lid) for special event use. It is understood that these special event carts have become the
City's property including the remaining warranty. Any maintenance or replacement of special
event carts shall remain the Contractor's responsibility at Contractor's cost until the expiration of
this Agreement. The special event carts provided under this section shall be subject to the provi-
sions set forth in Article 3, Sections 11(c), 11(f), 11(g) and 11(h).
(b) Payment for Services
The Contractor shall receive payment for all services described in this Section through
single event invoice statements to the City. These statements will detail the sizes and number of
dumpsters delivered, as well as the number of portable toilets and hand washing units utilized.
43
•
35 Gallon 64 Gallon 96 Gallon
Load Weight Capacity 125 lbs. 200 lbs. 250 lbs.
Load weight capacity shall not include the weight of the container.
(g) Maintenance
The Contractor will be responsible for the maintenance and replacement of carts that are
malfunctioning, damaged or missing at no additional cost to the City or resident. The Contractor
shall fix or replace carts within two weeks of the reported problem.
(h) Warranty
•
The carts and all related parts must be covered by a ten(10) year warranty including de-
fects in materials,workmanship, design, repair and maintenance. Any defects or components of
the containers that fail to perform as originally designed or specified in this Agreement shall be
replaced at no charge to the City.
•
The warranty shall include,but not be limited to:
■ Failure of the lid to prevent rainwater from entering the container when closed on
the container body. -
i
• Damage to the container body, the lid, or any component parts through opening or
closing the lid.
• Failure of the lid hinge to remain fully functional and continually hold the lid in
the originally designed and intended positions when either opened or closed.
• Failure of any metal components to remain free of excessive rust and corrosion,to
be determined by the City.
• Failure of any plastic component to be resistant to damage in the event of contact
with any common household or residential product/chemicals.
42
<Crocker Theatre Parking Lot- at Prairie &Riverside Dr. (2) Mon/Wed/Fri
Chicago St.between Douglas & Spring(2)
< 101 E. Chicago (Union Bank) Mon/Wed/Fri
< 169 E. Chicago Mon/Wed/Fri
{
Highland between Douglas & Grove (2) -
< 113 Highland Mon/Wed/Fri
<Across from 113 Highland Mon/Wed/Fri
Highland between Spring&_Douglas (1)
< 166 Highland--- Mon/Wed/Fri
Douglas between Highland &Chicago (6)- —
< 11 Douglas Ave. -- —_.— -- --
Mon/Wed/Fri
< 14 Douglas Ave. _—_- Mon/Wed/Fri
<SE corner of Highland &Douglas ` Mon/Wed/Fri
<NE corner of Highland&Douglas - - — 1 Mon/Wed/Fri
<SW corner of Highland&Douglas Mon/Wed/Fri
<NW corner of Highland&Douglas . • Mon/Wed/Fri
Highland between Villa& Spring(3)
<NW corner of Highland &Villa Mon/Wed/Fri
<216 Highland(1st United Methodist Church) Mon/Wed/Fri
<Mid block(south side) Mon/Wed/Fri
S rin between Highland&Chica o
< 16 N. Spring Mon/Wed/Fri
<NE corner of Spring&Chicago ! Mon/Wed/Fri
<SE corner of Spring&Chicago _ Mon/Wed/Fri
< SE corner of Spring& Highland Mon/Wed/Fri
<NE corner of Spring&Highland Mon/Wed/Fri .
<NW corner of Spring&Highland Mon/Wed/Fri
Former Library Complex (4) _
<SW corner of N.Grove& Symphony Way(library entrance) Mon/Wed/Fri
2 3/9/2004
<Library Parking Lot center aisle(3) Mon/Wed/Fri
City Hall/Civic Center Plaza Complex (10)
<City Hall entrance(150 Dexter Ct.) Mon/Wed/Fri
<SW corner of City Hall & Civic Center Parking Lot Mon/Wed/Fri
<Civic Center Parking Lot - center aisle walkway(4) Mon/Wed/Fri
Villa between Chicago &Fulton (3)
<parking lot at Villa& fulton(center aisle) Mon/Wed/Fri
<SE corner of Chicago &Villa Mon/Wed/Fri
<SW corner of Chicago & Villa (225 E. Chicago) Mon/Wed/Fri
Geneva between Highland& Chicago (3)
<North&south parking at the intersection of Highland &Geneva(3) ^ Mon/Wed/Fri - •
East Side Collection Day
SW corner of Ann & Center Tuesday
NE corner of Geneva& E. Chicago Tuesday _
SW corner of Gifford &Hickory Tuesday
58 S. Geneva-parking lot across the street Tuesday -
SW corner of Gifford& DuPage Ct. Tuesday
NW corner of Ann&Gifford Tuesday
431 Summit St. Tuesday
SE corner of Franklin & College Tuesday
SW corner of Franklin&Hill Tuesday
NW corner of Chapel &DuPage – _ — Tuesday
NE corner of Channing &Laurel Tuesday
West Side Collection Day
NE corner of McLean &Van Thursday
Lilac &Mulberry Ln. (east side of street by vacant lot) Thursday
SE corner of Highland &Jackson Thursday
SW corner of W. Highland & Lynch Thursday
SW corner of S. Jackson & South St. Thursday
NE corner of S. Jackson & Locust Thursday
3 3/9/2004
•
NW corner of S. State&Locust Thursday
NE corner of Locust&S. Crystal Thursday East intersection of South St. &S. Crystal Thursday _
SE comer of W. Chicago &S. Crystal i Thursday
SW corner of N. Crystal &W. Highland Thursday
NW corner of Lyle&Grandstand Thursday
SE corner of State& Walnut (113 Walnut) Thursday
NE corner of Larkin&McLean Thursday
NE corner of McLean & Abbott Friday
NE corner of W. Chicago &S. Jackson --------_---..-.: Thursday
{ SE corner of Locust &Moesley ; Wednesday
Island at S.Edison&Sunset Dr. (just south of South St.) Wednesday
s '
is
4 3/9/2004
c 0 py
• .
Resolution No. 04-199
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO AMENDED AGREEMENT FOR
PROVISION OF REFUSE,RECYCLABLES AND YARD WASTE COLLECTION SERVICES
WITH WASTE MANAGEMENT OF ILLINOIS, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock,Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to
execute an Amendment to Amended Agreement for Provision of Refuse, Recyclables and Yard
Waste Collection Services on behalf of the City of Elgin with Waste Management of Illinois,Inc.,a
copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: July 14,2004
Adopted: July 14, 2004
Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
DRAFT 7/1/04
AMENDMENT TO AMENDED AGREEMENT FOR PROVISION OF
REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES
• THIS AMENDMENT AGREEMENT, made and entered into this 14th
day of July, 2004, by and between the CITY OF ELGIN, an Illinois
municipal corporation (hereinafter referred to as the "City")
and WASTE MANAGEMENT OF ILLINOIS, INC. , a Delaware corporation
(hereinafter referred to as the "Contractor") .
WHEREAS, City and Contractor previously entered into an
Agreement for Provision of Refuse, Recyclables and Yard Waste
. Collection Services, dated as of September 12 , 2002, and
thereafter entered into an Amended Agreement for Provision of
Refuse, Recyclables and Yard Waste Collection Services dated as
of March 31, 2004, (such agreement dated September 12, 2002, as
amended by the Amended Agreement dated March 31, 2004 is
hereinafter referred to as the "Subject Collection Agreement") ;
and
WHEREAS, the City and the Contractor are concurrently with
the entry into this Amendment Agreement entering into a Host
City Agreement regarding a proposed solid waste transfer station
south of Bluff City Boulevard (hereinafter referred to as the
"Subject Host City Agreement") ; and
WHEREAS, the City and the Contractor wish to further amend
the Subject Collection Agreement as provided in this Amendment
Agreement .
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NOW, THEREFORE, for and in consideration of the mutual
premises contained herein, and other good and valuable •
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows :
1 . That the Subject Collection Agreement is hereby
further amended as follows :
A. That Article 2, Section 5 of the Subject
Collection Agreement is hereby amended to read as follows:
"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 . The City
shall have the option to extend ' the term of the
Agreement for an additional two (2) years effective on
the first day of November 2010 through the 31St day of
October 2012 . In the event the City wishes to
exercise such option to extend the term of the
Agreement the City shall provide the Contractor
written notice thereof on or before May 1, 2010 . "
B. That Article 2 , Section 17 of the Subject
Collection Agreement is hereby amended to read as follows :
"17 . DISPOSAL
All solid waste collected shall be removed
•
from the City as soon as it has been collected; but,
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•
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
tJ
utilized by the Contractor such designation shall be
in writing. In the event the City designates a
specific Disposal Site to be utilized by the
Contractor, the Contractor shall commence utilizing
such Disposal Site for the processing and disposition
of solid waste collected by the Contractor pursuant to
this Agreement within thirty (30) days of such
designation by the City. In the event the City
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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 and such disposal site is not owned,
controlled or operated by the Contractor or an
affiliated company of the Contractor, 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. It is agreed and
understood that the provisions regarding adjustment of
payments to the Contractor as provided in this section
shall only apply in the event the City designates a
specific disposal site pursuant to this section which
is not owned, controlled or operated by the Contractor
or an affiliated company of the Contractor. 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
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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 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
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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 of payments 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. " r.
C. That Article 3, Section 9 of the Subject
Collection Agreement is hereby amended to read as follows :
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"9 . BASE SERVICE RATES
The City shall pay the Contractor for the
listed services in Article 3 , Sections 1 through 8,
and for all of the other services and provisions of
this Agreement for which a separate price and payment
is not specified, according to the following schedule:
(a) Single-Family $10 . 82/month/household
(b) Multi-Family $ 7 .87/month/household
(c) Roll-Off Truck
and Driver $75 . 00/hour
The Contractor shall provide the Spring Yard
Waste Collection services described in Article 3 ,
Section 6 at no additional charge or cost to the City
or residents it being agreed and understood that the
cost and charge for such Spring Yard Waste Collection
services has been incorporated into the base service
rates to be paid to the Contractor pursuant to this
Agreement. "
D. That Article 3 , Section 11 (a) of the Subject
Collection Agreement is hereby amended to read as follows :
" (a) Refuse Carts
The Contractor shall provide one (1) refuse
cart for each dwelling unit in every eligible curbside
household. The size of the refuse cart shall be 35,
64 or 96-gallon carts, as determined by the City. All
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refuse carts distributed to residents as part of this
contract shall become the City' s property including
the remaining warranty. Any maintenance or replacement
of refuse 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 refuse carts it being agreed and understood that
the costs and charge for such refuse carts has been
incorporated into the base service rates to be paid to
the Contractor pursuant to this Agreement."
2 . That except as amended by this Amendment Agreement the
Subject Collection Agreement between the City and the Contractor
shall remain in full force and effect. In the event of any
conflict between the terms of this Amendment Agreement and the
terms of the Subject Collection Agreement the terms of this
Amendment Agreement shall control .
3 . That this Amendment Agreement to the Subject
Collection Agreement is contingent upon the City and the
Contractor also concurrently entering into the Subject Host City
Agreement for the proposed solid waste transfer station south of
Bluff City Boulevard, Elgin, Illinois.
4 . That this Amendment Agreement is further contingent
upon and shall become effective upon Contractor, or an entity
owned, controlled, or operated by the Contractor, or an
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affiliated company of the Contractor, or the successors and/or
assigns of any such entity receiving final and non-appealable
approval for siting of the proposed solid waste transfer station
referred to and described in the Subject Host City Agreement
being entered into between the parties hereto concurrently with
the entering into of this Amendment Agreement to the Subject
Collection Agreement.
IN WITNESS WHEREOF the parties hereto have entered into and
executed this Amendment Agreement on the date and year first
written above.
CITY OF ELGIN WASTE MANAGEMENT OF ILLINOIS, INC.
By By
Mayor Its �ti,, - ray.v. V,
Attest : Attest :
auitkc) a, 1M
City Clerk Its +AliOpitAv
F:\Legal Dept\Agreement\Garbage Contract Amended-Waste Mgmt-7-2-04.doc
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t
ATTACHMENT D
•
[See attached]
•
•
COPY
Resolution No. 04-296
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO
AMENDED AGREEMENT FOR PROVISION OF REFUSE,RECYCLABLES AND
YARD WASTE COLLECTION SERVICES WITH
WASTE MANAGEMENT OF ILLINOIS,INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock,Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to
execute a Second Amendment to Amended Agreement for Provision of Refuse, Recyclables and
Yard Waste Collection Services on behalf of the City of Elgin with Waste Management of Illinois,
Inc., a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock,Mayor
Presented: November 3, 2004
Adopted: November 3,2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
4
DRAFT 10/29/04
SECOND AMENDMENT TO AMENDED AGREEMENT FOR PROVISION OF
REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES
THIS SECOND AMENDMENT AGREEMENT, made and entered into this
3rd day of November, 2004, by and between the CITY OF ELGIN, an
Illinois municipal corporation (hereinafter referred to as the
"City") and WASTE MANAGEMENT OF ILLINOIS, INC. , a Delaware
corporation (hereinafter referred to as the "Contractor" ) .
WHEREAS, City and Contractor previously entered into an
Agreement for Provision of Refuse, Recyclables and Yard Waste
Collection Services, dated as of September 12 , 2002,. and
thereafter entered into an Amended Agreement for Provision of
Refuse, Recyclables and Yard Waste Collection Services dated as
of March 31, 2004, and thereafter entered into an Amendment to
the Amended Agreement for Provision of Refuse, Recyclables and
Yard Waste Collection Services dated July 14, 2004 (such
agreement dated September 12, 2002, as amended by the Amended
Agreement dated March 31, 2004, and as further amended by the
Amendment to Amended Agreement dated July 14, 2004, is
hereinafter referred to as the "Subject Collection Agreement") ;
and
WHEREAS, the City and the Contractor are concurrently with
the entry into this Second Amendment Agreement entering into a
First Amended Host City Agreement regarding a proposed solid
waste transfer station south of Bluff City Boulevard
C:\Documents and Settings\abilthou.WM\Local Settings\Temporary Internet Files\0LK651Garbage Contract Amended-W f ife Mgmt-10-29-
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(hereinafter referred to as the "Subject First Amended Host City
Agreement") ; and
WHEREAS, the City and the Contractor wish to further amend
the Subject Collection Agreement as provided in this Second
Amendment Agreement .
NOW, THEREFORE, for and in consideration of the mutual
premises contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows :
1. That the Subject Collection Agreement is hereby
further amended by amending Article 2, Section 5 thereof to read
as follows:
"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 . The City
shall have the option to extend the term of the
Agreement for an additional two (2) years effective on
the first day of November 2010 through the 31st day of
October 2012 . In the event the City wishes to
exercise such option to extend the term of the
Agreement the City shall provide the Contractor
written notice thereof on or before May 1, 2010 . In
the event the City has exercised such option to extend
2
the term of the Agreement through the 31st day of
October 2012, the City shall also have the additional
option to further extend the term of the Agreement for
a further additional two years effective on the 1st
day of November 2012 through the 31st day of
October 2014 . In the event the City wishes to
exercise such additional option to further extend the
term of the Agreement the City shall provide the
Contractor written notice thereof on or before May 1,
2012 .°
2 . That except as amended by this Second Amendment
Agreement the Subject Collection Agreement between the City and
the Contractor shall remain in full force and effect. In the
event of any conflict between the terms of this Second Amendment
Agreement and the terms of the Subject Collection Agreement the
terms of this Second Amendment Agreement shall control .
3 . That this Second Amendment Agreement to the Subject
Collection Agreement is contingent upon the City and the
Contractor also concurrently entering into the Subject First
Amended Host City Agreement for the proposed solid waste
transfer station south of Bluff City Boulevard, Elgin, Illinois .
4 . That this Second Amendment Agreement is further
contingent upon and shall become effective upon Contractor, or
an entity owned, controlled, or operated by the Contractor, or
an affiliated company of the Contractor, or the successors
3
and/or assigns of any such entity receiving final and non-
appealable approval for siting of the proposed solid waste
transfer station referred to and described in the Subject First
Amended Host City Agreement being entered into between the •
parties hereto concurrently with the entering into of this
•
Second Amendment Agreement to the Subject Collection Agreement.
IN WITNESS WHEREOF the parties hereto have entered into and
•
executed this Second Amendment Agreement on the date and year
•
first written above.
•
CITY OF ELGIN WASTE MANAGEMENT OF ILLINOIS, INC.
By .,, By
Mayor Its \ ,r• - pv� .. •v,
Attest: Attest :
h046Lca___-
City (-"Clerk Its
F:\Legal Dept\Agreement\Garbage Contract Amended-Waste Mgmt-10-29-04.doc
4
Resolution No. 04-297
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDED HOST CITY AGREEMENT WITH
WASTE MANAGEMENT OF ILLINOIS,INC.FOR A
SOLID WASTE TRANSFER STATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute a First Amended Host City Agreement on behalf of the City of Elgin with Waste
Management of Illinois,Inc. for a Solid Waste Transfer Station,a copy of which is attached hereto
and made a part hereof by reference.
s/Ed Schock
Ed Schock,Mayer
Presented: November 3,2004
Adopted: November 3,2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
FIRST AMENDED HOST CITY AGREEMENT
This Host City Agreement(the"Agreement")is made this 3rd day of November,2004,by
and between WASTE MANAGEMENT OF ILLINOIS,INC., a Delaware corporation authorized
to do business in Illinois("Waste Management"), and the CITY OF ELGIN,an Illinois municipal
corporation("City").
WITNES SETH:
WHEREAS,Waste Management is the lessee of(with option to purchase)approximately
15 acres of property located south of U.S. Route 20 and Bluff City Boulevard, in the City of
Elgin, Illinois (the "City"), with the approximate location thereof being depicted on the Concept
Plan prepared by Land Vision, Inc. dated June 7, 2004, a copy of which is attached hereto as
Exhibit A (the "Transfer Station Site"). The exact legal description of the Transfer Station Site
shall be inserted into Exhibit A by the attorneys for the parties once determined; and
WHEREAS, Waste Management plans to file with the City a request for siting approval
to construct and operate on the Transfer Station Site a waste transfer station("Transfer Station");
and
WHEREAS, Waste Management and the City have agreed to enter into this Agreement
prior to Waste Management filing its application for local siting approval for the Transfer
Station; and
WHEREAS, the City has not,by entering into this Agreement,predetermined whether it
•
will grant or deny siting approval for the Transfer Station or whether Waste Management can (or
cannot) satisfy any of the criteria related to siting approval, and the City retains all of its authority
in respect of siting approval in accordance with Section 39.2(a) of the Illinois Environmental
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Protection Act("Act"),415 ILCS "5/39.2(a) and the City of Elgin Siting Ordinance,Chapter 9.33
of the City's Municipal Code;and
WHEREAS, if the Effective Date occurs, then Waste Management is willing to pay the
Host Benefit Fee, as hereinafter set forth, to the City to assist the City in respect of the costs
associated with the Transfer Station, but such fees may be used for the City's general municipal
purposes or such other lawful public purposes as solely determined by the City; and
WHEREAS, capitalized terms not otherwise defined herein shall have the meaning given
in Section 3.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged,the parties hereby agree as follows:
1. Incorporation of Recitals.
The Parties agree that the foregoing recitals are material to this Agreement and are
hereby incorporated and made a part of this Agreement as if they were fully set forth herein.
2. Property Covered.
This Agreement applies to the Transfer Station Site,which is legally described on
Exhibit A attached hereto.
3. Definitions and Permitted Waste.
a. For the purpose of, and regardless of where they appear, in this
Agreement,the following capitalized terms shall have the following meanings:
"Act"means the Illinois Environmental Protection Act,415 ILCS 5/ 1 et seq.
"Agreement" shall have the meaning given in the preamble.
"City" shall have the meaning given in the preamble.
"City Waste Contractor" shall have the meaning given in Section 10.
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"Costs" shall have the meaning given in the Section 11.a.
"Disposal"means any treatment,storage or disposal of Waste.
"Effective Date" means the date on which Waste is first received at the Transfer Station
to be transferred for Disposal.
"Event of Default"shall have the meaning given in Section 17.a.
"Hazardous Waste" shall have the meaning given in Title 1,Section 3 of the Act.
"Host Benefit Fee" shall have the meaning given in Section 5.c.
"IEPA" shall have the meaning given in the recitals.
"Index" shall have the meaning given in Section 5.c.
"Industrial Site" shall mean the land which was the subject of the City's Planned
Development Ordinance G57-03. The Transfer Station will be situated on approximately 15
acres of the Industrial Site.
"Landscape Waste" shall have the meaning set forth in 415 ILCS 5/3.270.
" Waste Management" shall have the meaning given in the preamble.
"Municipal Waste" shall have the meaning given in Title 1, Section 3 of the Act.
"Permitted Truck Routes"shall have the meaning given in Section 7.a.
"Received Waste"means any Waste received at the Transfer Station that is transferred for
Disposal,excluding Landscape Waste and Recyclable Materials.
"Recyclable Materials" means any material received at the Transfer Station that is
transferred for recycling and reuse and not for Disposal.
"Regional Utility Improvements" shall have the meaning given in Section 14.b.
"Special Waste" shall have the meaning given in Title 1, Section 3 of the Act.
"Termination Date" shall have the meaning given in Section 24.
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"Total Waste" means all of the Waste received at the Transfer Station and all Recyclable
Material.
"Transfer Station"shall have the meaning given in the recitals.
"Transfer Station Site"shall have the meaning given in the first Recital.
"Unpermitted Waste"means and includes the following:
(i) Hazardous Wastes;
(ii) Special Waste;
(iii) Soils;
(iv) Industrial Process Wastes(whether or not a Special Waste);
(v) Pollution Control Waste(whether or not a Special Waste);
(vi) Sludge;
(vii) Potentially Infectious Medical Waste;
(viii) Poly-chlorinated byphenyls;
(ix) Source, special or by-product nuclear materials;
(x) Radioactive waste(both high and low level);
(xi) Transurantic waste;
(xii) Lead acid batteries; and
(xiii) Liquid waste, including bulk liquids.
"Waste" shall have the meaning given in Title 1, Section 3 of the Act, including but not
limited to,Municipal Waste,but excluding Unpermitted Waste.
b. Waste Management covenants and agrees that the Transfer Station shall
receive only Municipal Waste, Landscape Waste, Recyclable Materials. Waste Management
covenants and agrees that the Transfer Station shall not knowingly accept Unpermitted Waste,
and if any such Unpermitted Waste is discovered at the Transfer Station, Waste shall cause same
to be removed within twenty-four(24)hours of such discovery..
4. Limitation on Transfer Capacity: Collateral Assignment of
Settlement Agreement Rights.
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(a) Waste Management covenants and agrees that it shall not receive at the
Transfer Station more than 3000 tons of Total Waste per day(calculated on a rolling twelve(12)
month average based upon six (6) days a week), except with the prior written approval of the
City Council or such other person designated in writing by the City Council; provided however,
in no event shall the Transfer Station receive during any day more than 4,000 tons of Total
Waste.
(b) As a condition to the City's obligations hereunder, Waste Management
shall execute and deliver to the City simultaneously with the execution of this Host City
Agreement, a collateral assignment (the "Collateral Assignment") of Waste Managements rights
• under that certain Settlement Agreement dated as of September 8, 2004 (the "Settlement
Agreement") among Waste Management,the Village of Bartlett, Illinois, and Midwest Compost,
•
LLC, an Illinois limited liability company("Midwest"), which Collateral Assignment shall be(i)
consented to in writing by Midwest Compost and(ii)in the form attached hereto.
5. Host Benefit Fee.
Waste Management shall pay a Host Benefit Fee to the City as follows.
a. The Host Benefit Fee shall be payable by Waste Management to the City
commencing on the Effective Date and continuing thereafter as provided in this Agreement, and
in consideration of such Host Benefit Fee, the City agrees that so long as Waste Management
pays the Host Benefit Fee hereunder the City will not levy any additional fees or taxes or increase
the amount of fees or taxes assessed on Waste Management, the Transfer Station Site or any of
the operations conducted thereon; provided,however,the foregoing restriction on the levy of any
additional fees or taxes by the City shall not apply to: (i) any fee or tax which is uniformly
assessed upon all members of a class of taxpayers of which Waste Management is a member,
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other than a class of taxpayers that is based on ownership or operation of a waste transfer station
or solid waste management facility,(ii)real estate taxes,(iii) ad valorem taxes similarly assessed
on other property or operations, (iv) utility taxes, (v) telecommunications taxes, (vi) water and
sewer connection fees and water and sewer user fees, (vii) any other fee or tax which Waste
Management is obligated to pay pursuant to county, state or federal law, or pursuant to the laws
or regulations of any governmental entity with jurisdiction and(viii) sales taxes.
b. The Host Benefit Fee shall be payable by Waste Management to the City
for(i) each ton of Received Waste and(ii)each ton of Recyclable Materials in excess of 500 tons
of such Recyclable Materials per day(calculated on average for the most recent quarter).
c. The initial host benefit fee ("Host Benefit Fee") shall be equal to (A) One
Dollar Eighty Cents($1.80)for(i) each ton of Received Waste up to 1500 tons of such Received
Waste per day and(ii)each ton of Recyclable Materials in excess of 500 tons and up to 1500 tons
of such Recyclable Materials per day and(B) One Dollar Ninety Cents($1.90) for(i)each ton of
Received Waste in excess of 1500 tons per day and (ii)for each ton of Recyclable Materials in
excess of 1500 tons per day. For the purposes of this Paragraph 5c, daily tonnage shall be the
average tonnage per day, calculated on a quarterly basis using a six (6) day week. On the earlier
of(i) January 1, 2007 and (ii) January 1 following the first twelve (12) month period after the
Effective Date, and in each case on every January 1st thereafter, the Host Benefit Fee shall be
adjusted by the percentage of increase during the previous year in the Revised Consumer Price
Index for All Urban Consumers for Chicago,Illinois, as such rate is published from time to time
by the United States Department of Labor Statistics ("Index"); provided however, in no event
shall the Host Benefit Fee rate decrease. The annual adjustment for years after the first annual
adjustment shall be based on the amount of the adjusted Host Benefit Fee from the previous year.
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If the Index shall cease to be published, the parties shall mutually agree upon a substitute index,
which is comparable to the Index,and which shall then be used for determining the annual rate of
adjustment.
d. The Host Benefit Fee shall be due and payable by Waste Management to
the City each calendar quarter, no later than the 30th calendar day after the end of each calendar
quarter. No later than ten (10) calendar days after the end of each calendar quarter, Waste
Management shall prepare and submit to the City's Solid Waste Coordinator a statement
containing the following information in reasonably sufficient detail to allow the City to
independently calculate the amount payable by Waste Management to the City under this
Agreement:
(I) For each day during the calendar quarter the amount(in tons)of: (i)
Waste transferred from the Transfer Station for Disposal, and (ii)
- Recyclable Material transferred from the Transfer Station for
recycling, and (iii) Landscape Waste transferred from the Transfer
Station.
(2) For each day during the calendar quarter,the hours of operation for
the Transfer Station.
(3) The amount of Received Waste transferred from the Transfer
Station for Disposal or recycling during such calendar quarter, and
the total Host Benefit Fee payable on Recyclable Materials
transferred from the Transfer Station for recycling during such
calendar quarter.
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e. The City shall have the right to inspect, audit, and contest any
determination that the Host Benefit Fee was not payable on any Received Waste transported from
the Transfer Station. The City may dispute any statement submitted by Waste Management
within two (2)years of receipt of such statement. In any dispute, the parties agree that if Waste
Management has failed to maintain the records required under this Agreement, Waste
Management shall carry the burden of proving that the Host Benefit Fee was not payable on any
Received Waste. During the pendency of any dispute,the Host Benefit Fee shall continue to be
payable by Waste Management and Waste Management shall in all events pay the undisputed
portion of the Host Benefit Fee.
6. Hours of Operation.
Waste Management shall accept Waste and Recyclable Material at the Transfer Station
only during the hours from 4 a.m. to 8 p.m., Monday through Saturday. The Transfer Station
shall be closed on Sunday.
7. Permitted Truck Routes.
a. Trucks that are owned, operated or controlled by Waste Management
(each a "Controlled" vehicle) shall travel to and leave from the Transfer Station using the
following routes(hereinafter the"Permitted Truck Routes:
(1) Controlled transfer trailers ("Transfer Trailers") leaving the
Transfer Station shall go north on the internal private road on the
site to Bluff City Boulevard; east on Bluff City Boulevard to Route
20; and shall then exit the corporate limits of the City(i) on Route
20 to the east or west,or(ii) on Randall Road to the north or south.
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(2) Controlled Transfer Trailers traveling to the Transfer Station from
the North shall enter the existing corporate limits of the City on
Route 20 or on Randall Road, and proceed on Route 20 to Bluff
City Boulevard; west on Bluff City Boulevard to the internal
private road; then south on the internal private road to the Transfer
Station.
(3) Controlled Transfer Trailers traveling to the Transfer Station from
•
the South shall proceed north to Route 20 on either Route 31,
Route 25 or Randall Road; then on said Route 20 to Bluff City
Boulevard; then west on Bluff City Boulevard to the internal
private road;then south on the internal private road to the Transfer
Station.
(4) Controlled collection trucks ("Collection Trucks") shall be
permitted to make use of local roads to the extent reasonably required to serve customers
in the area of such roads. When returning to the Transfer Station, Controlled Collection
Trucks shall follow the same routes as pertain to Controlled Transfer Trailers unless such
Controlled Collection Trucks are serving properties within a two-mile radius of the
Transfer Station, in which case they may make use of other local roads (subject to
applicable weight limits). In no event shall Controlled Collection Trucks make use of
West Bartlett Road, Spaulding Road or Gifford Road unless they are serving customers
on,or in the vicinity of these traffic routes.
b. Waste Management shall direct the owners and operators of trucks that
Waste Management does not own,operate or control that such trucks shall use only the Permitted
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Truck Routes to and from the Transfer Station, except as may be necessary for the collection of
Received Waste or Recyclable Material from properties located within two miles of the Transfer
Station.
c. The parties agree that Bluff City Boulevard from Gifford Road on the
west to Highway 20 on the east is an 80,000 pound truck route under the jurisdiction of the City.
The City shall post and maintain the appropriate 80,000-pound truck route signs along Bluff City
Boulevard.
8. Reimbursement of City Expenses.
a. Waste Management shall pay on behalf of the City or reimburse the City
for all reasonable and necessary expenses incurred in (i) conducting the review of the siting
application, (ii) conducting any public hearings, (iii) making the siting decision, (iv) drafting,
negotiating or reviewing this Host City Agreement(or any proposed amendments thereto),and/or
(v)responding to any appeal of the siting decision by any person(including Waste Management),
including but not limited to as to each of the foregoing the costs of any consultants, attorneys or
hearing officer retained by the City who are not also employees of the City, costs of court
reporting and transcripts for any public hearings, and witness fees. The City shall periodically
submit to Waste Management a detailed accounting of all payables to be paid by Waste
Management or expenditures to be reimbursed by Waste Management pursuant to this Section 8.
Waste Management shall pay such expenses or reimburse such expenditures within forty-five
(45)days of receipt of request from the City.
b. The provisions of this Section 8 shall become effective and binding upon
Waste Management upon the date of execution of this Agreement by both parties, and/or shall
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•
survive the termination and/or expiration of this Agreement until all of the expenses described in
Section 8.a have been paid in full.
9. Transfer Station Operations.
a. Waste Management shall be permitted to use the Transfer Station Site for
the indoor and outdoor storage and parking of vehicles and equipment necessary or useful in
conducting the operations conducted on the Transfer Station Site, said vehicles and equipment
including but not limited to containers,trailers,and collection vehicles.
b. Waste Management shall be permitted to park loaded and unloaded
transfer trailers,containers,and collection vehicles on the Transfer Station Site,whether inside or
outside the Transfer Station building inside a fenced area. Waste Management shall cause all
parked loaded transfer trailers and loaded containers to be covered at all times that they are not
under roof.
•
c. All Waste shall be removed from the Transfer Station within 24 hours of
receipt; provided however, Waste (other than Unpermitted Waste) may be stored at the Transfer.
Station for more than 24 hours if(i) such 24-hour period occurs over a Saturday, Sunday or
holiday, (ii) the Waste is stored in tarped or similarly covered transfer trailers and/or containers
all of which are parked inside the Transfer Station building, and(iii) the Waste is removed on the
next business day.
10. Acceptance of Waste.
The City, in its sole discretion, from time to time, may require Waste
Management to transport to the Transfer Station all Municipal Waste and Recyclable Materials
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collected by Waste Management under the City's existing contract with Waste Management for
hauling Municipal Waste and Recyclable Materials. If, in the future,the City requires any other
contractor with whom the City may have a waste hauling contract (hereinafter called a "City
Waste Contractor") to transport the Municipal Waste and Recyclable Materials collected by it
within the City to the Transfer Station, then Waste Management shall accept such waste at the
Transfer Station, if allowed, and the total fee charged by Waste Management to the City Waste
Contractor for Disposal of all of the City's Municipal Waste and Recyclable Material shall be
five percent (5%) less than the posted gate rate customarily charged by Waste Management,
including all taxes, fees and surcharges. Notwithstanding anything to the contrary herein, the
City shall have no right to require Waste Management to transport to, or accept at the Transfer
Station, any Unpermitted Waste.
11. Waste Management Indemnification and Insurance.
a. Waste Management shall, to the maximum extent permitted by law,
indemnify, defend and hold harmless, and pay on behalf of, the City, its officials, officers,
employees and attorneys from and against any and all third claims, suits, causes of action,
administrative orders, judgments, settlements, loss, liability, damage, cost and expense, and
attorneys fees and expenses of litigation, (collectively, "Costs"), including without limitation
Costs for bodily injury to or death to any persons and any property damage, arising out of or in
connection with(i)Waste Management's design, installation, construction, ownership, operation,
repair, restoration, modification, removal, maintenance, or the failure of any of the foregoing, at
the Transfer Station, (ii) Waste Management's violation of any laws or regulations in its
ownership or operation of the Transfer Station, (iii) Waste Management's breach of this
Agreement, and/or (iv) any Costs related to third party claims regarding any response, removal,
remediation, damage to natural resources, health assessments, health claims, increased risk of
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adverse health effects, contribution and third party claims, and any actions required pursuant to
the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42
U.S.C.A. Section 9601, et seq., as amended from time to time, and all other applicable statutes,
regulations and under common law, for any release or threatened release of the Waste collected
by, stored at and transferred to or from the Transfer Station. If Waste Management accepts the
defense and indemnity of a claim made against the City and tendered by the City to Waste
Management under this Section 11.a, and Waste Management pays the defense Costs, then
Waste Management shall have the right to defend the City utilizing attorneys reasonably
acceptable to the City. Notwithstanding any provision herein to the contrary, the provisions of
this Section 11.a shall survive the expiration and/or termination of this Agreement.
b. Prior to acceptance by Waste Management of the City's Municipal Waste,
Waste Management and the City shall enter into a mutually acceptable indemnification related
thereto pursuant to which Waste Management indemnifies the City. The parties agree that the
existing agreement between the City and Waste Management entitled Agreement for Provision of
Refuse, Recyclables and Yard Waste Collection Services and dated September 12, 2002, as
amended by Amendment Agreement dated March 31, 2004 (collectively the "Waste Hauling
Agreement"), contains an indemnification undertaking on the part of Waste Management
satisfactory to the City, and such provision shall satisfy the requirements of this Section 11 b. for
as long as it shall remain in force.
c. Waste Management shall obtain and maintain or cause to be maintained in
full force and effect at all times on and after the commencement of construction of the Transfer
Station and continuing at all times that Waste is received at the Transfer Station, the following
insurance coverages:
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(1) Commercial General Liability insurance in an amount not less than
$1,000,000.00 per occurrence and a combined limit of
$2,000,000.00, with a maximum deductible or self-insured
retention of$100,000.00;
(2) Excess liability insurance covering claims in excess of the
underlying insurance described in Section 11.c(1) above, with a
$3,000,000 minimum limit;
(3) Workers Compensation Insurance as required by Illinois law and
regulations; and
(4) Employer's Liability Insurance in the amount of$500,000.00 per
accident, with a maximum deductible or self-insured retention of
$100,000.00.
d. The liability insurance described in Section 11.c above shall be (i) issued
by an insurance company reasonably acceptable to the City, (ii) written on a comprehensive,
broad form policy, (iii)include endorsements that name the City as an additional insured,provide
a severability of interests and cross liability clause, and provide that the insurance shall be
primary and not excess to or contributing with any insurance or self-insurance maintained by the
City, and (iv) include a waiver of subrogation from such insurance company. Waste
Management hereby waives and covenants not to sue the City for any and every claim for
recovery from the City for any and all loss or damage covered by any of the insurance policies to
maintained under this Agreement. To the extent permissible by law, Waste Management waives
any limits to the amount of its obligations to indemnify, defend or contribute to any sums due
under any claims by any employee of Waste Management that may be subject to the Workers
Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision(such as
Kotecki v. Cyclops Welding Corp., 146 I11.2d 155 (1991)).
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e. Waste Management shall promptly deliver to the City certificates of
insurance evidencing that the insurance coverages required by Section 11 c. hereunder are in full
force and effect, and providing that the insurer shall give the City notice at least thirty(30) days
prior to the effective date of any cancellation, lapse or material change in such insurance policies.
12. Effective Date.
a. Except as provided in Sections 8, 11 and 14, the obligations of the parties
under this Agreement shall be subject to satisfaction of the condition precedent that the Effective
Date shall have occurred.
b. Waste Management covenants and agrees that, notwithstanding any
provision in this Agreement to the contrary, the City has no duty or obligation under this
•
Agreement, express or implied, to act or to not take action in respect of Waste Management's
request for siting approval for the Transfer Station pursuant to Section 39.2 of the Act, including
without limitation, that the City does not have any duty or obligation to satisfy the condition
precedent in Section 12.a above. Waste Management covenants and agrees that if the City does
not grant siting approval for the Transfer Station pursuant to Section 39.2 of the Act, for any
reason whatsoever, whether proper or improper, or whether due to mistakes or misstatements of
law or fact during such siting approval consideration, Waste Management shall in no event have
any claim or cause of action against the City under this Agreement. Nothing in this Agreement
shall be construed or deemed to be a covenant by the City in respect of the City's obligations
under Section 39.2 of the Act, which obligations shall be separate and apart from any obligations
to Waste Management under this Agreement. Waste Management agrees that Waste
Management shall not have any claim or cause of action against the City under this Agreement
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for the City's failure to comply with Section 39.2 of the Act. Nothing to the contrary herein
withstanding shall be construed to limit either party's rights under the Act.
13. Contingency for Amendment to Waste Hauling Agreement. This Agreement
is contingent upon the City and Waste Management concurrently entering into an amendment to
the Waste Hauling Agreement,with such amendment to be in the form attached hereto as Exhibit
B,the execution of which both the City and Waste Management hereby agree to do.
14. Sanitary Sewer and Water.
a. Waste Management shall have the right to connect the Transfer Station to
the City's sanitary sewer and water systems and receive sanitary sewer and water services
therefrom, in accordance with applicable law, rules and regulations. Until the City's municipal
sanitary sewer mains and water mains (collectively the "City Utilities") are extended to the
Industrial Site, Waste Management shall have the right to utilize a septic system, private waste
disposal system, or septic holding tank (including, without limitation, portable toilets with
holding tanks)to serve the Transfer Station. At such time as the City Utilities are extended to the
Industrial Site, Waste Management shall (i)connect the Transfer Station to the City Utilities and
(ii) pay all applicable connection charges related to the City Utilities, as well as all costs and
expenses associated with the installation and maintenance of the service lines associated with
such connections within the property line of the Transfer Station Site. Nothing in this Agreement
shall modify, amend or waive any fees applicable to the connection to or use of the City Utilities,
and Waste Management agrees that it shall pay for the foregoing sanitary sewer and water
services when connection is made thereto in accordance with the applicable sanitary sewer and
water rates established from time to time by the City.
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•
b. Waste Management may construct utilities, including water mains,
sanitary sewer mains and a force main on and off the Transfer Station Site for the benefit of other
properties situated within or outside of the City ("Regional Utility Improvements"). If Waste
Management is unable to secure directly from the owners or developers of such properties
reimbursement of the proportionate share of the cost of the Regional Utility Improvements, the
City shall enter into a recapture agreement for the purpose of ensuring that Waste Management
recaptures from such other properties the proportionate share of such costs. For purposes of this
Agreement,proportionate share shall be determined in accordance with the percentage of the cost
of such Regional Utility Improvements that is attributable to each of the properties designated on
a service area.
c. In the event Waste Management is unable to obtain utility easements over,
under, across, or through property not owned or controlled by Waste Management or not owned
by the City or under City's control which are necessary to construct utility lines to the Transfer
Station Site, the City shall use, to the full extent permitted by law, its eminent domain power to
secure such easements. Prior to commencing any condemnation action, Waste Management shall
submit, for City review and approval, written documentation demonstrating that Waste
Management has pursued reasonable alternatives for the acquisition of such easements, and
Waste Management shall deposit with the City the amount of funds reasonably necessary to
pursue eminent domain action and to secure the subject easements. All such actions by the City
shall be at no cost to the City, which costs shall be born solely by Waste Management but, upon
the written request of Waste Management, the City shall not unreasonably fail to timely file a
condemnation action.
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d. The provisions of this Section 14 shall become effective and binding on
the parties as of the date that siting approval granted by the City for the Transfer Station pursuant
to Section 39.2 of the Act, becomes non-appealable and once non-appealable, shall survive
termination and/or expiration of this Agreement. Siting approval shall be considered to be non-
appealable if siting approval is granted by the City, all necessary IEPA permits are issued and all
appeals and enforcement actions regarding any of the forgoing, as well as appeals thereof, have
been successfully resolved in Waste Management's favor or the relevant time for filing any
appeals has run.
15. Audits and Records.
a. Waste Management shall maintain, for a period of at least two (2) years,
daily records of the amounts and types of Total Waste transferred from the Transfer Station for
Disposal or recycling and/or shall provide such records to the City upon written request. Such
records shall include (i) disposal tickets or logs, showing the amount in tons of Waste for each
truck and signed by the driver of the trucks transferring Waste from the Transfer Station to
Disposal or recycling sites. In addition to the submittals required under this Agreement,
additional records shall be kept and shall be provided to the City upon written request regarding
(i) the hours of operation of the Transfer Station, and (ii) the amount of the Host Benefit Fee
payable on each ton of Received Waste transferred from the Transfer Station for Disposal or
recycling during each calendar quarter, and the total Host Benefit Fee payable during each
calendar quarter.
b. The City shall have the right to audit the records of Waste Management
upon five (5) business days notice. In the City's discretion, the audit may be performed by an
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accountant or other consultant selected by the City upon five (5) business days notice to Waste
Management.
c. Waste Management covenants and agrees to fully cooperate with the City
or its designee during any audit and/or inspection, to respond timely and fully to any questions or
requests,and to make available Waste Management's employees for interviews.
d. Where such audit determines that Waste Management has underpaid the
Host Benefit Fee, Waste.Management shall pay the reasonable cost of the audit.
16. Compliance with Applicable Laws.
Waste Management agrees to operate the Transfer Station in accordance with and
to otherwise fully comply with all applicable federal, state and local laws (including the
municipal code of the City),rules,regulations and ordinances.
17. Breach and Remedies.
a. Waste Management shall be in default under this Agreement upon the
happening or occurrence of any of the events or conditions described in Section 17.a.(1) through
and including 17.a.(5), each of which shall be an "Event of Default" for purposes of this
Agreement:
(1) Waste Management breaches or fails to observe or perform any of
Waste Management's material obligations under this Agreement,
and such breach or failure continues for more than thirty(30) days
following written notice thereof from the City to Waste
Management (in which the City shall specify the nature of such
breach or failure in detail); provided,however,that if,by its nature,
such breach or failure cannot reasonably be cured with said 30
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days, then so long as (i) Waste Management commence to cure
•
such breach or failure within such 30-day period and(ii) thereafter
continues in good faith and with diligence to complete such cure,
then Waste Management shall not be deemed to be in default
hereunder;
(2) Waste Management is dissolved, or Waste Management's existence
is terminated and its business is permanently discontinued,
(3) Waste Management fails to pay, when due, any amount due
hereunder, and such failure continues for a period of forty-five(45)
days following the receipt by Waste Management of notice of such
failure;
(4) Any representation or warranty made by Waste Management in this
Agreement was false or misleading in any material respect when
made; or
(5) Waste Management is adjudicated as bankrupt or insolvent, or an
order is entered for relief under any bankruptcy law with respect to
Waste Management.
b. Upon an Event of Default described in Section 17.a(1) through and
including 17.a(5) the City shall be entitled to exercise all remedies available at law or in equity
(including set-off and recoupment, and notwithstanding the requirements in Section 17.c
applicable to termination of this Agreement) or other appropriate proceedings,including without
limitation bringing an action or actions from time to time for recovery of amounts due and
unpaid by Waste Management, and/or for damages and expenses resulting from the Event of
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Default, which shall include all costs and expenses reasonably incurred in the exercise of its
remedy(including reasonable attorneys'fees).
c. In addition to, and not exclusive of, the City's remedies under Section 17.
b, the City shall have the right to terminate this Agreement without any further obligation of the
City hereunder, and in which case (subject to this Section 17.c) Waste Management shall
permanently cease any further operation of the Transfer Station where:
(1) Waste Management assigns this Agreement or the rights and
obligations of Waste Management are succeeded to in each case in
breach of Section 18 and Waste Management does not cure the
breach,or
(2) there have been no less than three(3)uncured Events of Default by
Waste Management under this Agreement which unduly adversely
impact the public health,safety and welfare.
Pursuant to this Section, the City must serve Waste Management with notice of its
exercise of the remedy under this Section 17.c to terminate this Agreement. Thereafter, Waste
Management shall have thirty(30) days to cure any of such Event or Events of Default. If Waste
Management fails to cure such breach, Event or Events of Default within thirty (30) days, the
City must obtain a final and non-appealable determination by a court of competent jurisdiction
that the events or circumstances in Section 17.c.(1) or Section 17.c.(2) have occurred. Waste
Management agrees that the City shall not have an adequate remedy at law if the City terminates
the Agreement under this Section 17.c, and that the City shall be entitled to equitable relief,
including a preliminary and permanent injunction to enforce this Section 17.c.
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d. All rights and remedies of the City set forth in this Agreement which shall
be cumulative, and no remedy available to the City shall be exclusive of any other remedy.
e. Except for Waste Management's obligation to pay the Host Benefit Fee to
the City, in no event shall either party, or its agents, employees, successors, assigns, consultants,
suppliers or contractors be liable to the other party under this Agreement or to its members,
officers, directors, partners, affiliates, agents, employees, successors, assigns, suppliers or
contractors for special, indirect, consequential, punitive or exemplary damages of any nature or
kind whatsoever, including loss of profits or revenue, loss of contracts, cost of capital or claims
of customers, and each party hereby releases and covenants not to sue the other party therefore.
18. Assignment of Rights.
This Agreement shall be binding upon and inure to the benefit of the parties
hereto, and their respective permitted successors and assigns; provided however, Waste
Management shall not assign this Agreement, directly or indirectly,nor shall any person succeed
to the rights and obligations of Waste Management by a direct or indirect transfer of an
ownership interest in Waste Management without the prior written consent of the City, which
may not unreasonably withhold such prior consent.
19. Force Majeure.
Except for the obligations to pay amounts owed under this Agreement, neither
party shall be liable for its failure to perform under this Agreement to the extent due to strikes(of
a widespread and general nature),riots,war, terrorism, fire, and acts of God.
20. Authority to Enter into Agreement.
Waste Management and the City hereby represent and warrant to each other that
the individuals executing this Agreement in their official capacities have been duly authorized
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and empowered to sign this Agreement. The City shall provide Waste Management with a
certified copy of the resolution of its City Council authorizing the execution of this Agreement
by the undersigned representatives of the City. Waste Management shall provide the City with
evidence of limited liability company action authorizing the execution of this Agreement by the
undersigned representatives of Waste Management.
21. Relationship of the Parties.
Nothing in this agreement shall be construed to create a joint venture,partnership,
association or employment relationship between the City and Waste Management.
22. Severability.
If any provision of this Agreement is held invalid by a court of competent
jurisdiction,the other provisions of this Agreement shall not be affected thereby.
23. Amendment.
No amendment, modification or change to this Agreement shall be effective
unless the same shall be in writing and duly executed by the parties.
24. Termination.
This Agreement shall terminate upon the occurrence of any of the foregoing (the
effective date of any of same being hereinafter called the"Termination Date"):
(a) The mutual written agreement of the parties to terminate;
(b) The date on which the Transfer Station on the Transfer Station Site
permanently ceases to operate, for whatever reason, including but not limited to,
Waste Management's decision to cease operations, which decision shall be in the
sole and exclusive discretion of Waste Management
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(c) The permanent cessation of operations due to the final and uncontested
order of any federal, state .or local governmental body, agency or judicial
authority.
In any event, and notwithstanding termination and/or termination of this Agreement, any
Host Benefit Fee which is due and owing to the City for Received Waste as of the
Termination Date shall continue to be payable by Waste Management to the City in
accordance with this Agreement and the obligation of Waste Management to make such
payment shall survive termination and/or expiration of this Agreement.
25. Notices.
All notices, demands, requests, consents or other communications required by, or
to be given pursuant to, this Agreement, shall be in writing and delivered to the intended
recipient,by personal service, registered or certified U.S. mail,return requested,postage prepaid,
or confirmed facsimile transmission,to the following addresses (which are subject to change by a
like prior notice):
a. If to the City:
City of Elgin,Illinois
Attention: Corporation Counsel
150 Dexter Court
Elgin, Illinois 60120-5555
Fax: (847)931-5665
With a Copy to:
Baker&McKenzie
130 E. Randolph Drive
Chicago,Illinois 60601
Attn: James P. O'Brien, Esq.
Fax: (312)861-2899
b. If to Waste Management:
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•
Waste Management of Illinois,Inc.
1411 Opus Place,Suite 400
Downers Grove,Illinois 60515
Attention: Illinois Market Manager
Fax: (630)241-1597
With a Copy to:
Waste Management of Illinois,Inc.
720 East Butterfield Road
Lombard,Illinois 60148
Attention: Area General Counsel
Fax: (630)-916-6280
With additional Copy to:
Peter C.Bazos,Esq.
Schnell,Bazos,Freeman,Kramer,Schuster&Vanek
1250 Larkin Avenue, Suite 100
Elgin,Illinois 60123
Fax:(847)-742-9777
26. Covenants Run With the Land.
The parties agree that the covenants, agreements, and understandings contained in
this Agreement, including without limitation the obligation to pay the Host Benefit Fee, touch
and concern the Transfer Station Site, and that such covenants, agreements, and understanding
shall run with the Transfer Station Site. Waste Management agrees that the City may prepare,
and Waste Management shall promptly execute, duplicate originals of an instrument, in
recordable form, which will constitute a Memorandum of Host City Agreement, attaching an
executed copy of this Agreement as an exhibit, and record such Memorandum in the Office of
the Cook County,Illinois Recorder of Deeds.
27. Financial Assurance.
Not less than ten (10) days prior to accepting any Waste at the Transfer Station,
Waste Management shall obtain, submit to the City, and maintain in accordance with this Section
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27, financial assurance in an amount sufficient to cover the cost of disposing of the maximum
amount of waste stored at the Transfer Station and the costs of properly closing the Transfer
Station. Such financial assurance shall be in the form of a letter of credit, escrow account,
guaranty of a creditworthy guarantor (which may include Waste Management), or policy of
insurance, in each case reasonably satisfactory to the City. Such financial assurance must be
maintained as long as the Transfer Station is operating under this Agreement and for two (2)
years after termination and/or expiration of this Agreement. Waste Management agrees that the
issuer or counterparty to such financial assurance must, at all times during the term of this
Agreement,be reasonably acceptable to the City.
28. Police Power Savings Clause.
Notwithstanding any provision herein to the contrary, nothing in this Agreement
shall abridge, impair, or affect the police powers of.the City. Waste Management shall comply
with all applicable laws, regulations and ordinances (including the applicable ordinances of the
City).
29. Governing Law.
This Agreement shall be governed by the laws of the State of Illinois.
30. Joint Preparation. This Agreement is and shall be deemed and construed to be the
joint and collective work product of Waste Management and the City and, as such, this Agreement
shall not be construed against either party, as the otherwise purported drafter of same,by any court
of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if
any,in the terms or provisions contained herein.
[signature page follows]
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•
IN WITNESS WHEREOF,the City and Waste Management have caused this Host City
Agreement to be executed by their duly authorized representatives on the day and year written
above.
WASTE MANAGEMENT CITY OF ELGIN
OF ILLINOIS,INC.
By: n h 4 � D By:,.: ..-.-ifr L litaiol
Its: S•k. . 5\ Its: Q '1 6 ti 1.
Attest: Attest:
By: 1.L41I 144 LL1 By
Its: lAck.
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ABBOTT LAND • CONCEPT PLAN -
EXHIBIT B
DRAFT 10/29/04
SECOND AMENDMENT TO AMENDED AGREEMENT FOR PROVISION OF
REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES
THIS SECOND AMENDMENT AGREEMENT, made and entered into this
3rd day of November, 2004, by and between the CITY OF ELGIN, an
Illinois municipal corporation (hereinafter referred to as the
"City") and WASTE MANAGEMENT OF ILLINOIS, INC. , a Delaware
corporation (hereinafter referred to as the "Contractor") .
WHEREAS, City and Contractor previously entered into an
Agreement for Provision of Refuse, Recyclables and Yard Waste
Collection Services, dated as of September 12, 2002, and
thereafter entered into an Amended Agreement for Provision of
Refuse, Recyclables and Yard Waste Collection Services dated as
of March 31, 2004, and thereafter entered into an Amendment to
the Amended Agreement for Provision of Refuse, Recyclables and
Yard Waste Collection Services dated July 14 , 2004 (such
agreement dated September 12, 2002, as amended by the Amended
Agreement dated March 31, 2004, and as further amended by the
Amendment to Amended Agreement dated July 14 , 2004, is .
hereinafter referred to as the "Subject Collection Agreement") ;
and
WHEREAS, the City and the Contractor are concurrently with
the entry into this Second Amendment Agreement entering into a
First Amended Host City Agreement regarding a proposed solid
waste transfer station south of Bluff City Boulevard
C:\Documents and Settingslabilthou.WM\Local Settings\Temporary Internet Files\OLKb5\Garbage Contract Amended-Waste Mgmt-IO-29-
04.doc
(hereinafter referred to as the "Subject First Amended Host City
Agreement") ; and
WHEREAS, the City and the Contractor wish to further amend
the Subject Collection Agreement as provided in this Second
Amendment Agreement.
NOW, THEREFORE, for and in consideration of the mutual
premises contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. That the Subject Collection Agreement is hereby
further amended by amending Article 2, Section 5 thereof to read
as follows:
"5. CONTRACT TERM
The term of the Agreement shall be eight (8)
years, and shall become effective on the lst day of
November 2002, and shall remain in full force and
effect through the 31st day of October 2010 . The City
shall have the option to extend the term of the
Agreement for an additional two (2) years effective on
the first day of November 2010 through the 31st day of
October 2012 . In the event the City wishes to
exercise such option to extend the term of the
Agreement the City shall provide the Contractor
written notice thereof on or before May 1, 2010 . In
the event the City has exercised such option to extend
2
the term of the Agreement through the 319` day of
October 2012, the City shall also have the additional
option to further extend the term of the Agreement for
a further additional two years effective on the 1st
day of November 2012 through the 31st day of
October 2014. In the event the City wishes to
exercise such additional option to further extend the
term of the Agreement the City shall provide the
Contractor written notice thereof on or before May 1,
2012 ."
2 . That except as amended by this Second Amendment
Agreement the Subject Collection Agreement between the City and
the Contractor shall remain in full force and effect. In the
event of any conflict between the terms of this Second Amendment
Agreement and the terms of the Subject Collection Agreement the
terms of this Second Amendment Agreement shall control .
3 . That this Second Amendment Agreement to the Subject
Collection Agreement is contingent upon the City and the
Contractor also concurrently entering into the Subject First
Amended Host City Agreement for the proposed solid waste
transfer station south of Bluff City Boulevard, Elgin, Illinois.
4 . That this Second Amendment Agreement is further
contingent upon and shall become effective upon Contractor, or
an entity owned, controlled, or operated by the Contractor, or
an affiliated company of the Contractor, or the successors
3
and/or assigns of any such entity receiving final and non-
appealable approval for siting of the proposed solid waste
transfer station referred to and described in the Subject First
Amended Host City Agreement being entered into between the
parties hereto concurrently with the entering into of this
Second Amendment Agreement to the Subject Collection Agreement.
IN WITNESS WHEREOF the parties hereto have entered into and
executed this Second Amendment Agreement on the date and year
first written above.
CITY OF ELGIN WASTE MANAGEMENT OF ILLINOIS, INC.
Byedo By
Mayor Its 7. -t-. s p CL,NtyvAkofl-QV.
Attest: Attest :
L( ' ?2 -jti-eA3
City erk Its R �„� , (Ae
F:\Legal Dept\Agreement\Garbage Contract Amended-Waste Mgmt-10-29-04.doc
4
MEMO
To: Fire Chief Michael Falese
From: Fire Marshal Ken Nelson
Subject: Spaulding Transfer Station Report
Date: June 6, 2004
I have reviewed the above referenced report for issues related to the Elgin Fire Department and have
generated a listing of summary statements and comments for your consideration. Summary
statements will be displayed in regular font, and comments regarding the summary statements will
be shown in italicized font.
• Section 2.4-1 Hours of operation will be from 0400-2000 hours, Monday--Saturday. The
facility will accept only municipal solid waste.
• 2.414 The report makes several references to "input from the local fire protection district':
Initially I thought this may be due to the fact that Midwest Compost either did not actually gain
input from the Elgin Fire Department(EFD), or they had erroneously contacted the wrong
governmental body. Alter completing my review of the report, I believe that this is just a matter
of the report not being properly edited to reflect the proper terminology in this section.
• References to operating personnel receiving training in regards to lockout/tagout procedures, fire
protection &prevention, emergency first aid, and detection, identification and handling of
unauthorized waste.
EFD personnel will be responsible for providing service for all of the above listed operations, with
the possible exception of hazardous material operations. HazMat operations will be discussed in a
later section of this report. The document makes reference to lockout/tagout operations and in
later sections refers to confined space operations. These operations require that the emergency
contact be capable of responding and mitigating such emergencies. EFD may be called on for
specialized extrication due to the type of equipment utilized in this operation. Additionally,
confined space rescue and the potential for HazMat response are present.
• 2.4-16 Interruption of utility service. The facility will have back up power supply for the fire
sprinkler system.
• 5-2 The City of Elgin is free to inspect the facility and operations to ensure it is carrying out
safety procedures to its satisfaction.
• 5-4 The local hospital listing is for Sherman Hospital, but has the wrong address listed. The
document shows an address of 100 Symphony Way, which is a branch site at the Centre.
This address correction should be made to ensure personnel are aware of the correct location of
the hospital.
• 55-5 •EFD will provide fire and emergency services for the facility. Instruction for accessing the
facility when closed will be provided to the Department. The facility will provide access to the
facilities operator's equipment to fight fires if necessary. The facility will have a 24'wide access
roadway on all 4 sides of the building. The facility will have a dry-pipe sprinkler system designed
in accordance with NFPA 13 and the International Building Code 2000.
f The criteria for design should also reference compliance with the 1996 BOCA Fire Protection Code,
It also is likely that the City and Department will have adopted the 2003 versions of the
International Building Code and the International Fire Code by the construction time of this
facility. In such case, compliance would have to meet the updated code requirements.
• 5-6 The document contains references to meetings conducted with Interim Fire Marshal Robert
Bradbury. Specifically, IFM Bradbury met with Midwest Compost and Envirogen on April 29, 2004.
During this meeting, the locations for fire hydrants, the standpipe, and fire extinguishers was
discussed and approved by IFM Bradbury. A copy of the letter sent to Midwest Compost is shown
in appendix AA.
The locations of these items look acceptable as shown in figure 5.1 in the report. The only
additional change I might recommend is an additional position for a fire extinguisher within the
transfer building due to travel distances greater than 75.
• 5-8 The facility will refuse ignited or"hot" loads. •
EFD will respond to extinguish these loads. We may want to investigate if there is a preferred
location for attempting to conduct such extinguishment operations to make the process easier and
less likely to cause any contamination of the area.
• 5-11 Midwest Compost proposes contracting with Heritage Environmental Services (HES) for
significant hazardous material spills. •
A review of the arrangement with our hazardous material personnel might be prudent to ensure
there are no issues related to this arrangement.
• The facility will have no more than 25 gallons of petroleum product permanently on site. A
fueling service will be utilized for the fueling of vehides on the site.
• 5-13 Hazardous Material releases will result in notification of the IEMA and the EFD regarding the
nature of the release. Midwest Compost would then contact HES for their emergency response
team. Midwest Compost would also notify the community emergency coordinator (EPD) as
required under SARA title III.
2
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THE CITY IN THE SUBURBS
MEETING DATE: October 13, 2010
INITIATIVE C: Consideration of a Contract Extension with Waste Management
Incorporated and for the Addition of a Fourth Amendment to the
Contract
COMMUNITY GOAL
• Customer Service
OBJECTIVE
• Provide comprehensive solid waste and recycling services for the citizens of the
City of Elgin and internal city operations
PURPOSE
(1.6' • Extend and amend the existing contract with Waste Management Incorporated
RECOMMENDATION
• Approve the contract extension and fourth amendment with Waste
Management Incorporated in the approximate amount of$4,775,100
BACKGROUND
With over 29,000 households receiving curbside service each week, the city's solid
waste/recycling program's importance to the community is obvious. On September 12, 2002
the city council forged a public/private partnership with Waste Management, Inc. In 2002, the
city moved to the forefront of solid waste collection, by adopting a program that encourages
recycling and waste reduction. Prior to such time, the community's waste collection process
encouraged unlimited consumption. This transition has been an unqualified success.
In 2002, prior to the adoption of the current program, the average household disposed of 53.5
pounds of garbage per week. In 2010, the average household is disposing on average 32.5
pounds.
.
j Year I Total Pounds Collected Per Week Pounds Per Household Per Week Percent
Decrease
2002 I 1,391,000 53.5
2010 952,250 32.5 I (40%)
The partnership between Waste Management and the city is successful because of Waste
Management's service dependability, commitment to customer service and to the Elgin
community. Each weekday Waste Management services over 6,000 households, numerous city
facilities and assists several public works department operations. With such an expansive
operation the margin for error is significant; therefore, Waste Management's quality assurance
program is crucial to the success of the solid waste program.
Waste Management verifies each day that routes are completed and if an error was made the
city can call on the route managers at any time to resolve whatever the issue might be. An
example of Waste Management's commitment to customer service is that over 80 percent of
cart replacements or repairs are driver initiated. Two examples of how Waste Management is
committed to the Elgin community are ten Waste Management drivers volunteering to work
Fox Fire Fest, and Waste Management's efforts to partner with Police Department to help fight
crime in our community.
Since the city council approved the contract with Waste Management in 2002 it has been
amended three times. As described in the table below:
DATE COUNCIL ACTION RESULT
September 12, Original Agreement
2002
March 31, 2004 Amendment#1 Provided for free yard waste collection during
April
July 14, 2004 Amendment#2 Entered a host city agreement for the proposed
Bluff City Transfer Station, outlining host benefits
and provided the city w/the 1st extension option
November 3, 2004 Amendment#3 Amended host City Agreement for the Bluff City
Transfer Station outlining host benefits and
providing the city with a 2nd extension option.
April 28, 2010 Letter of Intent The City Council authorized the City Manager to
send Waste Management notice of the city's
intentions to extend the current contract.
fit h
OPERATIONAL ANALYSIS
Services Provided By Waste Management
Waste Management provides for a comprehensive solid waste and recycling program that
serves just over 29,000 Elgin households. The base level of service provided includes the
collection of 64 gallons of trash an unlimited amount of recycling and seasonal yard waste
collection services. Waste Management also provides for solid waste, recycling and seasonal
yard waste collection at all city facilities at no additional cost.
Free yard waste collection is provided for in April and October through November. Waste
Management is responsible for collecting all yard waste bags in leaf bagging areas. In 2009, in
leaf bagging areas Waste Management collected 15,000 yards of leaves or approximately
87,000 bags.This service comes at no additional cost to the city.
During leaf season, Waste Management provides roll offs and drivers on standby in the leaf
rake out areas. In 2009, Waste Management hauled nearly 20,000 yards of leaves collected by
the public works department in rake out areas. The city is charged an hourly rate of$88 for use
of roll off drivers and containers.
In spring, summer and fall, Waste Management provides for roll off containers to be delivered
to sites determined by the public works department on a daily basis for disposal of debris
collected by street and sidewalk sweepers. As of August 1, 2010, Waste Management hauled
` and disposed of over 700 tons of debris collected by Elgin street and sidewalk sweepers. The
city is charged approximately$50 per ton to provide for disposal services.
Waste Management provides the city with roll offs and portable restrooms for special events.
Each year Waste Management is contractually obligated to provide for $5,000 of in-kind
services for special events. Any request for roll offs and portable restrooms beyond the $5,000
of in-kind services the city is charged a standard rate.
Service Enhancements
Based upon a recommendation from the Recycling and Waste Management Working Group of
the Sustainability Master Planning Planning Effort, the following enhancement has been made
to the agreement:
• Increased public education efforts: Waste Management will provide for a
comprehensive solid waste/recycling outreach and educational presentation at a
minimum of two public events per year at a location determined by the city.
3
• An annual recycling extravaganza event: Waste Management will provide for an annual 111)
recycling event at location determined by the city. At a minimum, the event will provide
for the recycling of electronics, books, flags and scrap metals at no additional cost to the
city.
• Collection drop-offs for fluorescent and compact fluorescent lights: Waste Management
will collect and dispose of fluorescent and compact fluorescent lamps from city facilities
that the city designates as compact fluorescent lamp drop off locations at no additional
cost.
INTERESTED PERSONS CONTACTED
Sustainability Working Groups
FINANCIAL ANALYSIS
The contract is favorable for several reasons: Number one the current base level service rates
are among the lowest in comparable municipalities in the greater Chicago area. Number two
costs can only increase if there is an increase in the consumer price index. Number three the
city pays a lower base level service rate for multi-family condo/townhome households since
yard waste collection services are not provided.
Elgin, IL: Providing Value at the
Lowest Cost
$26.00 -
$24.00 -
$22.00 -
$20.00 -
$18.00
$16.00
$14.
$12.00 00
$10.00
G s�oca <0 coop , , , o\`e�p � O �
_ I
The total spending for contractual services in November and December of 2010 is estimated to
be $820,000. Funding over the remainder of the contract term is estimated to be $3,955,100
and will need to be appropriated as part of the 2011 budget process.
41 ,
4
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
General 010-3331-754.33-01 N/A $18,100 $6,526
General 010-3331-754.33-02 N/A $4,449,700 $803,779
General 010-3331-754.22-25 N/A $70,000 $22,000
LEGAL IMPACT
None.
ALTERNATIVE COURSES OF ACTION
The City Council may choose to reject the third amendment to the contract with Waste
Management and direct staff on how to proceed
NEXT STEPS
1. Waste Management must sign the contract extension and amended agreement.
Prepared by: Dan Ault, Management Analyst
Reviewed by: David Lawry, Public Services Director
Reviewed by: Colleen Lavery, Chief Financial Officer
Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer
Final Review by: Richard G. Kozal,Assistant City Manager/Chief Operating Officer
Approved by:
"Q//if
Sean R. Stegall, City Manag r
ATTACHMENTS
A: Fourth Amendment to the Amended Agreement with Waste Management
5