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13-18 Resolution No. 13-18 RESOLUTION AUTHORIZING EXECUTION OF A FIFTH AMENDMENT AGREEMENT WITH WASTE MANAGEMENT OF ILLINOIS, INC. FOR REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute a Fifth Amendment Agreement with Waste Management of Illinois, Inc. on behalf of the City of Elgin for refuse,recyclables and yard waste collection services,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Adopted: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk FIFTH AMENDMENT AGREEMENT FOR PROVISION OF REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES THIS FIFTH AMENDMENT AGREEMENT is hereby made and entered into this 13th day of February , 2013; 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"; and WHEREAS, the parties hereto thereafter entered into a fourth amendment to the Original Agreement, dated October 27, 2010 (hereinafter referred to as the "Fourth Amended Agreement"), attached hereto and made a part hereof as Attachment "E" (collectively hereinafter referred to as the "Collection Agreement"); and WHEREAS, the City has exercised; and the Contractor acknowledges, the.City's.second... option to extend the term of the Collection Agreement through the 31" day of December 2014; and WHEREAS, the City and the Contractor wish to further amend the Collection Agreement as provided in this Fifth Amendment Agreement. NOW, THEREFORE, for an 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 Fifth Amendment Agreement as if fully recited herein. 2. The Collection Agreement is hereby further amended by amending Article 2, Section 5 thereof to read as follows: "5. CONTRACT TERM This Fifth Amended Agreement shall be effective November 1, 2012 and shall terminate December 31, 2014." 3. Notwithstanding anything to the contrary in the Collection Agreement, effective January 1, 2013, the following pricing shall apply: Year Percent Increase Standard Rate Townhome-Condo Rate 2013 1.5% $13.45 $9.78 2014 3% $13.85 $10.07 4. A service agreement (hereinafter referred to as "Service Agreement") dated February 11, 2009 by and between the City and Curbside, Inc., a California corporation (hereinafter referred to as "Curbside") is hereby incorporated into and 2 made a part of this Fifth Amended Agreement, attached hereto and made.a part hereof as Attachment "F''; and Contractor assumes any and all duties, rights and obligations of Curbside pursuant to such Service Agreement by way of novation; provided, however, that Section 1 of the Service Agreement, under the heading "Term of Agreement" is hereby amended to provide: "Term of Agreement. This Agreement shall terminate on December 31, 2014.'' All other terms and provisions of the aforementioned Service Agreement shall remain in full force and effect. 5. Except as expressly amended by this Fifth Amendment Agreement, the Collection Agreement between the parties hereto and the Service Agreement shall remain in full force and effect. In the event of any conflict between the terms of this Fifth Amendment Agreement and the terms of the Collection Agreement or Service Agreement, the terms of this Fifth Amendment Agreement shall control. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Fifth Amendment Agreement on the date and year.first written above. CITY OF ELGIN ATTEST: By: K Sean R. Stegall, City MEffager City Clerk WASTE MANAGEMENT OF ILLINOIS. INC. ATTEST: By• �'h��1 Na e/Print: .,� — Its: v Title: F\Legal Dept\AoreementTiRh Amendment to Agreement-Waste Mana.gement-1-2-13.docx 3 ATTACHMENT A [See attached] 4 Resolution No. 02-316 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROVISION OF REFUSE, REC'Y=A3LES A.ND YARD WASTE COLLECTION SERVICES WITH WASTE MANAGEMENT OF ILLINOIS, INC. BE IT RESOLVED SY TES CITY COUNCIL OF THE CITY OF ELGIN, i ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dclonna rSecumi, City Clerk, be and are hereby authorized and directed to execute an Agreement for Provision of Refuse, Recyclables ar•d Yard Waste Collection .Services on behalf of the City of Elgin with Waste ManaaeMenL of . illino_s, Inc. , a copy of which is .attached hereto and made a part hereof by reference. s;` Ed Schock Ed Schock, ?Mayor Presented: September 11, 2002 Adopted: September 11, 2002 Vote: Yeas: 5 Nays: 1 At test: s/ Dclonna Mecum Dolonna Mecum, City Clerk I AGREEMENT FOR PROVISION OF REFUSE, RECYCLAMES A-M)YARD-PASTE COLLECTION SERVICES THIS AGREENMN'T, made the j2�Vlday of SC—t9t(fA 1, r4ZZ,002, is made by and between the CITY OF ELGT-N. an illinois municipat corporation (hereinafter the "City'j and WASTE MANAGEME2N'T OF MLLV`OIS, INC., a Delaware corporation (hereinafter the "Contractor"). ARTICLE 1 RECITALS WHEREAS,the City is a it,u ucipal corporatio=_l organized and exi�—:;in2 under the authority o=the DEnois Municipal Code of 1951,65 ILCS 5l1-1-1,;t seq.,and predecessor statutes and having taose home rule powers,granted pursuant to Article VE,Section o of the 19;0 Liinois 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 Elm;,111--ois; and WHERE. S, Contractor submitted the lowest responsive proposal and possesses the necessary expertise, eq'..uipment and manpower to furnish the requisite labor, materials, tools, equipment;transportation services and landfill space to perform the above-referred services in a legal i manner in strict accordance with all federal,state and local laws,ndes,regulations and ordinances. NOW, THEREFORE, for and in consideration of the mutual pmrnises and covenants contained herein, the sufficiency of wl-jeh is hereby acknowledged, the parties hereto hereby agree as follows: ARTICLE 2 GENERA?,CONDITIONS 1. INCORPORATION OF�CITA=S The foregoing recitals are substaniitle and are hereby incorporated in this section as though fully set forth herein, 2. DEFINITIONS For the purpose of this agreement, deEnitions of certain terms shall be as listed below. Other terms shall be as defined within applicable subsections. (a) `Reffse"shall mean all discarded and unwanted putreseible and non-putrescible household and dtchen wastes;including but not limited to;food,food residues, and n_ateria is necessarily used for packaging storng,pr ping,ad, nconsumng same, usually defined as"garbage"; and all coniI ustibie and non-combustible waste materials resulting from the usual routing of domestic housekeeping, including but not limited to, aluminum and steel cans; glass containers;plastic containers; crockery and other containers;metal;paper of all types;including newspapers, boob, magazines, and catalogs; boxes and cartons; cold ashes; tires; funnniture, furnishings, and fixtures, household appliances of all kinds; textiles and leather,toys and recreational equipment;and similar iTerriq. Forthe purposes of this specificat ion, the. t°ins "garbage", `<refllse , "rubbishf°, and -2- "waste" shall be synonymous unless otherwise more specifically defined (for example,"yard waste�. (b) "Solid Waste" shall be the general term encompassing all refuse, recyciables, j yard waste, household cons—action and demolition debris, large household items, white goods, street sweepings, and other waste covered under.this contract. (c) "Recyclabses"or Recyclable-lateral(s)shall m-an,at a minimum.brown paper I ags; corrugated boxes; frozen food packages;magazines and catalogs;mixed paper, newspaper, paperboard; ter eP hone 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, bodes, Jars and jugs#1 througL#5 and#7;plastic six and tweive pack rings; steel cars; steel paint cans and Lids; and housanold batteries. (d) "Yard waste" (a)so known as "landscape waste") sL.ail mean grass clipp1119, 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 sirraiar organic waste materials accumulated as the res'alt cf the cultivation and maintenance of lawns, shrubbery,vines;trees, and gardens. Christmas trees siiall allso be considered ]an-Lscape waste. They shall be collected separately for mulching purposes and shall not be landn-lied. Sod and greenery from wreaths and.garlands shall not be considered laAdscapewasfe and shat.be disposed of as refuse, unless the carnposting facility will accept it. -3- (e) "Household Construction and Demolition Debris"or"Debris"shall mean waste materials from interior and exterior household construction, remodeling and repair projects, including, but not limited to drywall, plywood, and paneling pieces, )umber, and other building materials; windows and doors, cabinets, carpeting, disassembled bathroom and k:itchcn fixtures; and small amounts of sod and sin-ailar materials. Such debris shall conform to the following: loose small items shall be placed in suitable containers not exceeding forty-five(45) pounds in weight,or in bundles not exceeding two(2)feet in diameter,five(5) feet in length,and forty-five(45)pounds in weight. ( "Curbside"shall mean adjacent to the strestpavement,alleypavement and gutter and within two(2)feet thereof. (g) "White Good" shall mean all discarded refrigerators, ranges, water heater, freezers, air conditioners, humidifiers and other similar domestic large appliances, including those contain-ing CFCs (chlorofluorocarbons), witches containing mercury,and PCBs(polychlorinated biphenyl's). (h) "Large Household Item"(also 1uiowii 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 mcarnngs as follows: (1) POT the purposes of refuse collection, a"disposal unit"shall mean one-(]) water-dght metal o plastic reusable waste container with handles;or one (1) disposable plastic refuse bag, no larger than forty (40) gallons in -a- i capacity or lorry-five (45). pounds, containing refiise 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 renase 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 f1-_z purposes of yard waste collection,a"disposal unit"sltaiI m can 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;siring,rope or twine that does not exceed forty- Eve (45)pounds it;weight, two (2) feet in diameter, and live(5) feet in length,and is marageabie by one(1) person. () "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 i, shall have the right to modify the number of singe-family stops tluough the term of this Agreement pursuant to Article 2,Section 4. (k) `I'Vluld-Fancily Stop"shall have different meanings as foho-,vs: (1) TownhoVres or condominiums ;Ath individual driveways tart receive ctubside service. The above may also be referred to as a "Pfulti-family Curbside Stop"or"lvlulti-family, Curbside Household",as hsted in Exhibit I •,vhkh is attached hereto and-made a part hereof. The City shall have the right to modify such i;st and add new locations that may arise during the terra of finis Agreement. (2) Toun-home s or condominiums serviced by common waste.containers(i.e. dumpsters or carts)located within a"refuse area"(i.e.partiaLyenclosed area where dumpsters are placed). The above may also bereferredto as a"Multi- famLy Dumpster Stop"or"Multi-family Household", as listed in Exhibit 2 which is attached hereto and made apart hereof. The City shall have G e right to modify such list and add new locations that may arise during the term of this Agreement (1) `Disposal Site" shall mean t1be location collection vehicles empty their materials. It s1,-ll include hans er stations; material recovery facilities,landfills, incinerators and com-nosting sites. (m) 'rldodifie�rd Volume-Based"shall mean service rendered using a fixed volume of rerzse and vard-waste collection with unlimited recycling(also referred to as the."base level service"), coupled with a sticker systern,uwbere residents are required to affix a pre- j i -u- 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". ?. SCOPE OF WORK f The Contractor shat 1 b e responsible for everything requir ed to be performed and shat!provide and furnish all of the labor, materials, necessary tools, expendable equipment, vehicles, and ail transportation services and landfill space required to perform and complete the collection and disposal of solid waste, refuse, yard waste and recyciables, all in strict accordance with this Ag:-eernent. Any contracts between the Contractor and businesses,commercial operations,multi-family buildings in excess o five(5)units,institutions,school;and units of government oragencies;hereof, shall include a provision that such contract shall not interfere with the terns and conditions set forth under this Agreement. The Contracto-shall be solelyresponsible for all collection and transoortation costs incun-ed to deliver solid waste,to a disposal site or transfer station and shall be responsible for the payment of all tiuping fees incurred. 4. PAY_b ENT FOR SERVICES ',Yithin thirty(3 0) days after receipt of t:ne Contractor's montbiy invoice, the City shall pay the Contractor for all services provided pursuant to this A-artee>nent. The Contractor shall receive payment for services,where noted,on a par household basis. Th-,number of households serviced under this Agreement will be ad-justed twice per year,in January and Ju1v based on t.,e n' tuber of new residential occupancy permits issued by the City. Except -7- v ' where noted, all pricing contained herein shall be for the first year of the contract. Annual:ate increases for subsequent years shall be limited to the Consumer Price Index for Chicago-Gary- Kenosha beginning in November 2003, S. COIh'TRACT TERN The term of the Agreement shall be eight(8)years,and Shall become elective on the 1 st day of November,2001,and shall remain in full force and effect through the 31 st day of October,2010. 6. DAr-4GE TO PROPERTY The Contractor.shall take all neoessary precautions to protect public and private property during the performance of this Agreement. Except for reasonable wear and tear, the Contractor shad repair or repiace.any private or puonc property,including, but not limited to waste receptacles, sad,mai i'boxes, or recycling bins; which are darnaged 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 incuu•ed expenses. The Contractor shall reirr�burse the City for any such expenses-within thirty(30) days of receipt of the City's invoice. 7. COIv9LLA.NCB WITH APPLICABLE LAWS, Ot IINANCKS AND REGULATIONS The Contractor shall comply with all applicable federal, state, and local lavr:, ordinances, rLles and regrlaiions c>>rrertly irr of pct or amended from time to time, govemiug flip collection -8- disposal and processing of solid waste imt the performance of"his Agreement and during the fxnn hereof. 8. TAXES;LICENSES,PERMITS AND CERI TIF'ICATES The Contractor shall pay all sales,use,property,income and other taxes that maybe 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, Staie and Local Service Occupation Tax,Use Tax and Service Use Tax. Ar it`sole expense,fne Contractor shall secure all neces s ay p ermits,h tenses and certificates of authority required to.perform the services which are:lie subject of this Agreement, and shall comply with all requirements of such permits, licenses and certificates of authority. The Contractor shall keep andmaintain al}suchlicenses,permits and certificates ofauthority in full force and effect throughout the tern of this Agreement. 9. CERCLA RvDEMN'iFICATION The Contractor shall,to the maximum extent permitted by law,indcmiu fS,,defend and hold harmless the City,its officials, officers, employe°s,acenis and attorneys from and against amy and all liabilitzf, including; without litnitatior_, costs of response, removal, remcdiation, investigation, property dauiage, personal injury, damage to natUrO resources, healtiha assessments, health settlements, attorneys' fees, and other related transacion costs ansIng:order the Comprehensive .Enviro unentaI Response,Con"lpensabon and.Liabiiity Act(CERCLA)of 1980,4?U.S.C.a.Section 9601;et seq.;as amended from time to time,and all other apps±cable statutes,regulations,ordinances -9- and under common law,for any release or threatened release of the waste material collected by the Contractor,both before and after its disposal- 10. ASSIGNMENT Prior to the beginning or w rk,the Conti actor shall notify the City in writing of the names of the sub-contractors proposed for the principal parts of the work, and shall not employ any sub- contractor that the City objects to as incompetent or unfit, The Contractor shall no? assign of subcontract this contract, or the work hereunder,without urior written consent of the City,but the Contractor may perform its obligations hereunder through its subsidiaries or divisions. The Contractor agrees not to assign or encumber monies due or to become due to it under this contract without subordinating any c]ai:-n of an assignee or secured _oarty to any prior claims of the City arising out of this contact. 1 1. 1T`DEPENDENT CONTRACTOR/COMPLIANCE The Contractoris an in-ependent Contractor,solely responsible for the control and payment ofits employees. The Contractor agrees to comply with all ordinances and laws,including u t not limited to those concerning equal opportunity in cmploMent. The Contractor shall comply witn all state and federal laws and regulations regarding V,iorker:s Compensation and Unemployment =urance contributions. 12. BUSD4'SS OFFICE The Contractor small establish and maintain an office with local or toll.f'ee numbers throu&, which Contractor can be contaciPed, complaints can be made, service requests can be made, and instructions received from the Ciry's Solid,Waste Coordinator. The office shall be equipped with sufEcie-nt telephones and shall have a responsfole person in charge during coLection houu-s. This -i0- . service shall be operated between the hours of 8:00 kwi. to 5:00 p.M., Monday through Friday, except during listed holidays, or as otherwise directed by the Solid Waste Coordinator. one Contractor shall identify the location of the office and garage area that will be used to service the i City. Additionally, the City shall be provided with .a telephone number of a Contractor's representative with the authorityto 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 peYtinent 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 L. City buii&gs (separately listed)per month Total_cubic vardage or tons of landscape waste collected per day. (Monthly for City buildings) Total tons of recyeiables collected per day from all curbside stops. r Total tons ofrecyclables collected from multi-family dumpste_stops&.City buildings (separately iisted) per month Total numb-;&weight of white goods collected per day Total nu-niber of tires collected p-r day Total number of 6sposal stickers sold per month at each retail outlet. M,-he're applicable) -ll- I Total cubic yards or tons of solid waste collected per community clean-up or special event Total tons of street sweepings disposed of per month ► Additional statistical information as may be reasonably requested by the City The-data shall be included with the monthly invoice and shall be provided in a format acceptable to the City. The Contractor shall conduct quarterly surreys of each daily curbside collection area to deterrnint set-out rates and participation in the solid waste proms ams. The results of these surveys shall be reported to the City by the 1 P'day of the month follow»ig the end of each quarter. 14. PUB DC E.DU The Contractor shall develop and implement a comprehensive public awareness progr=.. The Contractor ap ees that it is responsible for the cost of the education material and for then distribution. Thds pubbc awareness program shah include,but not be limited to the publication_and mailing of a bilingual (English &. Spanish) brochure with information about the City's Solid 'V%%aste & Recycling Program, on an annual basis throughout the term of fats Agreement. This publication shall illustrate how materials are to be prepared for collection and emphasize the importance of recycling and waste reduction. All pubbc education material must be approved by the City plies to prin.tin-&:disr:-ibution. The City reserves the right to edit alipublic education material for content. All costs associated with producing and distributing thepulbhc education materials will be the responsibility ofthe Con—.,,actos. The Contractor will be allowed to utilize the City's U.S.postal permit for mass mailings;however, e Contractor will be responsible for paying all associat d postage fees. -12- The Con:;actor agrees to provide the City with additional such educational matmals as the City deems necessary. The Contractor aiso 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. COMM ENS ATION FROM THE PROPERTY 0AATNT R OR TENA-V i The Contractor shall negotiate directly with the property owner or tenant o_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 soli d waste collected shat belong to the Contractor as soon as the same is placed in the Contractor's vehicle; 17. DISPOSAL All solid waste collected shall be removed from the City as soon as it has been collected;but, in any event,not later than noon of the date following collection.and it shall not be disposed of in violation of any state,federal;cite or county laws or regulations. Prior to the commencement of this co_rtract, 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 Conhactor shall notify the City in writing of any changes in Disposal Sites used within thirty days of the proposed change, The City reserves andhzs tine r grit and option to designate specific Disposal Sites,including but not hin-ited to solid waste transfer stations;to be utilized by the Contractor for the processing or disposition of fhe solid waste collected by the Cop-tractor pursuant to this A In the event the City designates a specific Disposal Site to be utilized by the Contractor such designation shall -13- C i be in writing. In the event the City designates a specific Disposal Site to be utilized by the Contractor, the Contractor shall commence utilizing such Disposal Site for the processing and disposition of solid waste collected by the Contractor pursuant to this Agreement within thirty(30) days of such designation by the City. In the event the City designates a specific Disposal Site such designated Disposal Site shall be.located within the corporate limits of the City of Elgin. In the event the City designates a specific Disposal Site pursuant to this section, payments due from,the City to the Contractor purs:.iant to this Agreement will be adjusted, up or down, based upon the actual change in disposal costs. Changes in disposal casts will be calculated based upon the Contractor's actual per ton costs for disposal at fthe disposal site being used by the Contractor for the processLa-or disposition of solid waste collected by the Contractor pursuant to this Agreement as compared to the per ton ratty that the Contractor would be charged to process or dispose of solid waste collected by the Contractor pursuant to this Agreement at the Disposal Site designated by the City. The parties shall determine on a quarterly basis any additional disposal costs incurred or disposal cost savings realized by the Contractor in utilizing a Disposal Size designated by the City with such costs or savings to be,calculated as provided in this section in the event it is determined based"uvon the calculation as provided in tnis Section that the Contractor has incurred additional disposal costs in uti�lzing a Disposal Site designated by the City,the next payment due froth the Cit} to the Contractor for the services provide-d by the Contractor pursuant to this Agreement will be increased in he 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 service= provided by the Contractor pursuant to this Agreement -14- 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. Lr 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 ar an affiliated company of the Contractor, it is ageedtbat the provisions o Articie 2,Section 9 entitled"CERCLA NDEM IFICATION"shall not apply to the solid waste processed acid disposed of by the Contractor at such a Disposal Site ' desipatedbythe City. The City has the right and may at anytime rescind any previous designation of specific Disposal Sitcs to be utilized by +he 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 payrnents to the Contractor and the non-applicability of Article 2, Section 9 entitled"CERCLA—NDEMN7'ICATION' as provided in this Section 1 i shall no longer apply to such previously designated Disposal Site. 18. GUARANTEE OF RECYCI.NG 8 COIV20STTNG The Contractor shall provide verification acceptable to the City that recyclables collected as pat oz 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 Agreermenthas been composted or processed in accordance with all applicable laws and ordinances. -15- 1. The Contractor shall actively work to expand the types of ite.ns accepted in the recycling program throughout the term of this Agreement. : 19. RECYCLLNG DROP-OFF CENTER The Contractor shall provide,at no additional cost;a drop-off recvcling.center at a location acceptable to the City located within six miles of the City Lnuits_ This drop-off location shall accept all of the recyclable items cohwted in the curbside program, plus used motor oil. The drop-o{° recycling center shall be open no less than three week days and even'Saturday. Staffing of the drop-off recycling center shall be at the discretion of the Contractor. 20. SCHEDLZ>✓AND Tl'1i 1E OF COLLECTIONS The City of Elgin is divided into rive collection areas for each day of the week as set forth m Exhibit 3 attached hereto and made a put hereof. Collections of solid waste shall be made in the five collection areas by '.he Contractor according to the schedule provided fo- in Exhibit 3. Collections shall not commence prior to 7:00 A.M. or continue past 7:00 P.M. unless specifically authorized by the City's Solid.Waste Coordinator. The schedule shall not be chanced- thout?ust obtaining permission ftm ule City's Solid Waste Coordinator and notwithout giving a rz-n,Lunum of sixty(60)days written notice to ail parties affected. In the even:that a schedule change is granted,the Contractor shall be required to conduct at minimurn, the following public education activities at no cost to the City: (a) Produce and mail a notice to all affected households a minimurn of thirty(30)days prior to the schedule change. (b) Publish adveidsements in each local newspaper fifteen days prior to the schedule charge. -i6- Failure of the Contractor to maintain said collection schedule will be considered abreach and defauh of the contract and grounds for immediate termination of the contract. Upon request,the Contractor shall provide the City with tlzee(3)copies of the daily routing schedule showing the ap proximate 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 omtce 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 fillrther pay=:ent due under the»D Bement unti]the Contractor has fimmished 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.Sohd Waste Coordinator shall be tine sole judge of whether or not delays constitute a violation of this Agreement. 22. LOCAL.L'VIPROVElv1:NITS The City of Elgin reserves the right to constsuct any improvement or to permit any consfrucdon in army street;which nnay have the effect of preventing the Contractor from traveling the Contractor's accustomed collection route(s) for a period of time. The Contractor,hovrevet,by an acceptable method. shall be required to collect the solid waste to the same extent as though no interference existed upon the streets formerly traversed. This shall be done without extra cost to the City of Elgin. The City will make every effort to provide tae Contractor with advance notice of planned improvement projects that may effect solid waste collection seraices. 23. EMERGENCIES The Contractor agrees that should any emergency arise by reason of storm,tornadoes,or the like,which require additional hauling equipment by the City, the Contractor's equipment shall be piaced at the City's disposal upon request for such temporary use,provided that upon such use the City shall pay the operating cost of such equipment and labor as it is used. The City reserves the right to direct which disposal sites are to be used during an emergency. 24. ACCIDENT PREVEINfilON Precaution_shall be exercised at all times for the protection of persons(including employees) and property. The saf typrovisions of all applicable lmu s and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance ttw-itn the safety provisions of the Manual of Accident Prevention in Construction;published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable]aw. The Contractor shall immediately P.otify the City of any accident or spill of any hind which involves the general public-or private or public property which occurs during the performance of this Agreement. upon the City's request,the Contractor shall provide the City with a v sitien report including the details of any such accident. 25. PLACE OF PICK-UP The Contractor is responsible for public curbside pick-up of 211 residential locaiions, or i proper ty waivered residential private street locations. as well as designated City buildings,parks, specia? events, conmu--city service and public litter container locatio-ss. CurSside !ouseholeis are -1 S- responsible for placing receptacles close to,'out 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 uublic street curb and easily accessible to the collector. 26. PLACEMENT OF CONTAIINIl;RS 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. Ar-y contents spilled on the park-ways,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 venicie. 2?. REPLACEMENT DAMAGE The Cotiu&-tor is re-mousible 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 ovrner of the damaged container. Containers shah be deemed to include,but are not limited to,the carts referred to in Article'3; Section 11. 28. ' FNOLIDAYS Collections normally faIling on the following holidays may be rescheduled for the first working day following the legal holiday,or on Saturday,as necessary, for the week onit: New Year's Day Memorial Day Independence Day -19- Labor Day Thanksgiving Day Christmas Day At the requestof the City,the Contractor may also berequired to provide collection services on Sunday's and/or holidays from certain City-owned facilities,parKS,special events and public litter �utainers, 29, COLLECTION FROM CITY-ONNZNED FACILITIES &PA_ S At no additional cost,the Contractor shall collect, transport, and dispose of all solid waste fcom City-owrcd facilities and earl-mss as set forth in Exhibit 4. The Contractor shall furnish, at no additional cost to the City,at each municipal facility or park served,dur?psters and/or wheeled carts as specified in Exhibit 4. All containers famished.by the Contractor shall be equipped with non-removable hinged covers or lids. Any schedule changes must be approved in advance by the City's Solid Wwe Coordinator. The City reserves and has the right to change services levels and add new services as necessary to existing facilities as well as new facilities that maybe built or acquired during the life of the cont,eact 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 pat hereof as E,:ubit 5. -20- 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 mini=1am of$25,000 annually,to help offset cost of the Ci£y's Household Hazardous Waste Collection Prograrn. Paynnent 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. COl•✓iMUUI�ITY 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 A11 vehicles used for collection purposes, except those specifically exeinp--c-d by other proN sions of these specifications,s'zall have fully enclosed bodies with sell-contained mechanisms to compress theroaterial oohected. Vehicles shall be labeled with a vehicle identification number, the firm's name, address, and telephone number visible on bot£f sides. All vehicles shall belcent watertight. Drann plugs,if available,shall be kept closed,except duringcoilections in rainy weather. All vehicles snail be maintained in good working order and appearance,substantially lee of rust;and shall be clear-at the start of each collection day.No vehicle shall be operated on the City's -21- sheets which leaks any fluids :morn the engine or compacting mechanism. in the event that any vehicle is not properly operable, a substitute vehicle shall immediately be provided that complies with the terrns.herein: Ail vehicles used by the Contractor in the performance of this Agreement shall be maintained and operated in compliance with all applicable requirements of law. Prior to the commencement of this Agreem-,nt,the Contractor shall famish the City with a complete list of the vehicles to be used in ser,,icing t'tis Agreement.The City reserves the right to request descriptive literature or specification sheets for each type of vehicle listed as it deems necessary. Upon request of the City;the Contractor shall demonstrate that the collection equipment is suitable for the materials to be collected. The Contractor shall notify the City if there is any change in th.e number or type of vehicles being used.'All changes must 5e approved by the City. 34. ENPLOYEES i ne Contractor shall undertake to perform all services rendered hereunder in a.neat,orderly and efficient manner-,to use care and dili gence Li the performance of this Agreement:and to provide- n=t,orderly and courteous personnel or its crews. The Contractor shall agree to prohibit any drinking of alcoholic beverages by its drivers and : - crew members while on duty or i_-a the course of performing their duties under this Agreement.Ths Contractors employees will be attired,at ah times,ail a professional-.". manner. These specifics will be agreed upon between representatives from the Contractor and the City. 4 .5. LmACCEPT_ABLE MATERIALS Material placed out for collection that does not meet the criteria set forth in this AgTeement shall not be collected. The Contractor will be.remonsibles for notifying residents of any and all reasons why the materials were not collected. This will be done through the use of an wLresive -22- "leave-behind tag"thai will be-placed on the resident's materials. Tags shall have a food pressure sensitive adhesive which will adhere to the"disposal unit"in all weather conditions. The"leave- behind tag"shall be bilineu.al(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 nature to ensure proper collection of maten-als.Such notices are to be written, des-Imed and printed by the Contractor at no additional cost to the Ci-ty. 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 aze left behind, along with a description of the items or probiern. This dF information shall be faded to the City's Solid Waste Coordinator at the conclusion of each pick-up day. 36. CITIZEN CONPLA1NT RESOLUTION Tse Contractor shall promptly investigate and courteously resolve all complaints of missed pick-ups and other service deficiencies within twenty-four (24) hours after a cornpiaint or noti fication 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 then:z wowing day. The Contractor and the City agree to jointly establish r easouab]e admip_i�irative regulations for tihe investigation and resolution of alieaed missed nick-ups. In the event of valid complaint~for othc-incidents, including, but Dot limned to materials droppedduring collection,and the like that are not cleaned up by the Contactor,the Conti a ctor shall -23- . promptly arange. for clean-up within twenty-four (24) hours aster a complaint or notification is received. The Contractor shall maintain a daily log of complaints received using an agreed upon form. A copy of these complaints and their resolution shall be provided to the City upon request. 37. LIQUIDATED D A1_VLkGES The City shall have the right and the discretion to assess liquidated damages against the Contractor for service deficiencies by the Contractor;including,but not limited to,for the following: Failure to collect missed pick-up's within 24 hour of notification. Non-completion of routes as scheduled Inappropriate behavior as a service representative of the City r Failure to clean-up blown; broken or spilled material as specified on the collection route. Bxcessive level of missed col:eciions or other customer complaints Lacic 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 io the Contractor an assessment n the amount of not less than 5100; but notmore than$1,000 peg occurrence,deaending on tape severity of the deficiency. 38. BREACH OF COlv°TRACT A. li the Contractor violates or b_•eacl las any term of this Agreement,such violation or breach shall be deemed to constitute a defattlt,and she City has the right to seek such zdtrsnistrative, '2 A contractual or legal remedies as may be suitable to the violation or breach including,but not iinited to,the right to terminate this Agreement. B. The Contractor shall be in substatntil al default of the terms ofthis Agreement if it fails to collect and dispose of solid waste in accordarce with the schedule of service established by this Agr=nent 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 wheLum anv 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 actiouis necessary to fuunish solid waste collection services required by this Agreement. The Contractor shall fully reimburse the City for any expenses incurred to provide substituted S olid waste coZection 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. L-)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. 39. AMERM?kENT The final contractmay bemodified or amended only by awritten Agreement executed bythe parties or their authorized-representatives, 40. rN f=1 0NALLY OMFI TED 41, RIGHT TO REQUIRE PERFORMA]`TCE The City's failure at any time to require performance by the Contractor of my of the specifications in this Agreement shall in no way affect the right of the City thereafter to enforce same. Nl o,waiverbv the City o=any breach of specifications in this Agreement shall be taken or held to be a waiver of any succeeding breach of such specifications in this Agreement,nor shall such a waiver of a single breach be talcen or held to be a waiver of any specification itself. 42. SEVERABMITY The terms of this Agreement shalt be considered to be severa'bie. In the event that any of die terms of this Agreement shall be deemed to be void or otherAr se unenforceable for any reason,the remainder of the Agreement shall remain in full force and effect. 43. SUCCESSORS A�t-D ASSIGNS : This Agreement shall be binding upon the pay+ties, their successors and assips. 4z. BNT=)' This Agreement,a_nd any exhibits attached hereCO,contain th3 entire agree;a ent between the parties as to the matters contained herein. Any oral representations or modifications concerning dlis agreement s'na]l be of no force and effect. i -26- 45. INSURANCE At the Contractor's expense, the Contractor shall secure and maintain in effect throughout the duration of this Agreement,insu?ante of the following rinds and limits to cover all locations of the Contractor's operations. The Contractor shall furnish C rtificates of Insurance to tr e CJ' before starting or within ter.(10)days after the execution of the Agreement,w=hich ever date is reached first. All insuancepolicies 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&,e latest edition of the A.M.Best Company,and shai_I include a provisi on 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 regaest. The limits o=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 iniur;y with limits of not less-than Si,000,000 per occunenceiS2.000.000 agg:regate (b) Property damage with traits of not less than S 1,000,000 per occurrence/aggregate. (c) Bodily injury with limits not less than $1,000,000 per occurrenc:,S2,000;000 ag eregate. (3) Auto Liability Insurance: (a) Bodily injury with limits not less than$500,000 per occurrence/$1,00,000 aggrega±e, -277- (b) Property damage with limits not less than 5500,000 per occurrence (4) Umbrella excess of S5,000,000 each occurrence, $5,000,000 aggregate The Contractor shall include the City as an additional named insured on the General Liabihty, Auto Liability and Umbrella Excess Insurance Policies. The General Liability,Auto Liability and Umbrella Excess Insurance Policies shall be written in occurrence form. This insurance shall apply as primarily insurance with respect to any other insurance or self-insurance programs afforded to the City. There'shall be no endorsement or modification of tais insurance to make it excess over other available insurance, altemativei ; if the insurance states that it is excess or prorated it shall be endorsed to be primary with respect to the City. ail insurance premiums shall be paid without cost to the City. The certificates of insurance to be provided to the City shall also include the contractual obligations assumed by the Contractor upder A.�-ticle 2; Section 46, entitled"Indetrtni0cation and Hold Harmless", 46. L'1DE vNIFICATION A v'D HOLD HARMLESS To the fullest extent permitted by law,Contractor agrees to and shall indemnify;defend.and hold harmless the City,its officials,officers,employees,-boards and commissions from and against any and all claims;suites,judgments,costs,expenses,attorney's fees,damages or other relief arising out of or resulting from or through or alleged to arise out of or resulting from any willful misconduct or any rec_.cless or negligent acts or omissions of Contractor's officers, employees, agents m subcontt•actors in.the performance of the services to be performed pursuant to this Agreement, Meluding,but not limited to,matters involving any injury to;or death o=the Contractor's employees, or to any other person;or dais age to, or inj ury to real estate,or personal property. Ln the event Of any -28- action against the City,its officials,officers,employees,agents,boards or commissions covered by the foregoing duty to indemnify,defend and hold har aless,such action shall be defended by legal cour_sei of the City's choosing. 47. CEOICE OF LAW T1ds Agreement shall be subject to and govemed by the laws of the State of Illinois. Venue for the resolution of any disputes or fhe enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County,Il111101s. 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 Miaois, bic. 7 N 904 Route 25 Elgin,IL 60120 -29- ARTICLE 3 MODIFIED VOLUME BASED PROGRAM 1. .LN GENTERA.L Contrazro,shall provide the services described in f1 is Agreement on a"modified volume basis"as defined in Article 2,Section,2 (m)herein., and in this Article 3. 2. REFUSE Each eligible household stop shall receive 64 gallons of weekly refi:se collection service by the Contractor as described herein beiow. (a) Curbside I3ouseholds: Each household will be provided with a 64-gallon wheeled refuse tail under the terms of Article 3,Section I I to correspond with the base level service provided by-the City.Residents shall have the option of substituting a 35 gallon cart at no additional cost to tile, City or resident" Residents shall also have the option to upgr-ade to a 96 gallon cart for a monUy fee. The monthly fee for the larger cart shall follow the same volume-based pricing speeiryed herein based on the following formula: 96 GaPor. Cart upgrade The Rate for One(I')Disposal Sticker x.4.33 The Contractor snail invoice the resident dirretiy for the cost of these ld ge cars, I The Contractor shall urovide and make available additional carts to residents upon request fora fee. The monthly fee for its service will be the cost of the additional volume of waste to be disposed of figured as follows: 35 Gallop Cart i I —30- 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 4313 : The Contractor shall invoice the resident directly for the cost of these additional cars. These additional carts shall remain the property of the Contractor. All garbage and refuse as herein de=ned that is designated for collection and disposal must be placed in the cart(sl provided. In the event of garbage or refuse in excess of the cart(s)provided, residents will be required to place apre-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 nor.-white good bulk item out for collection each week bvthe Contractor without asuclter. The Contract-or wili also makeprepr_ntedl6-gallon plastic refuse bads available for one-half the price of a pre-paid disposal sticker,plus the cost of the plastic bag it~elf,which at no time during the term of this Agreement shall exceed twenty-five pent"s each: Residents shall be allowed to place u-drr-sited amounts of disoosal units in addition to the cart at t)ie curb for collection by-the Contractor wi-h a pre-paid disposal sticker attached to each unit. (b) Multi]-Family Dimnmster Stons: 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 tc establish the base level refuse service for multi-family dumpster stops will be based on 205 gallons=i cubic -31- yard. The Contracto:shall receive payment from the City for+he base level of service provided to each multi-farnily complex based on the number of household units served. Example: 54(number of household units) x 64 aa'lons(base level of senjee Der unit) 3;456 galiom or 16.8 cubic yards of service per week=Base Level Service The Contractor shall provide a sufcientnumber of dumpsters senieed at specific eollectian intervals in order to meet the established base service level. Each condomirium/townhome association will be responsible for disposal costs in excess of tae base level service provided by the City.These additional fees will be billed at a rate of$5.25 per cubic yard. The Contractor small be responsible for billing each condominium/townhome association directly for any excess disposal costs. Residents shall be responsible for affixing a prepaid appliance sticker on all white goods placed our for collection. Residents shall also be responsible for affixing, a prepaid disposal sticker on all tires placed out for collection and on any bull:items and household consm3ction debris that nazi not fit inside of the durnpstex, RBCYCLD,4G The Contractor shall provide all eligible households with unlimited collection of all recyclables. Pre-paid stickers will not be required for properly prepared recyclables. (a) Curbside Households: The Contractor shall provide weekly curbside collection of all recyclabie materials to all eligible households. The Contractor shall collect household recyclables in wheeled cants as -32- specified in article 3;Section i i 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 fee:square placed adjacent to designated recycling cartsicontainers. (b) Multi- amilvDumnster Storrs: The Contractor sball provide a sumcient number of 96 gallon wheeled carts or dumpsters serviced at specific collection intervals in order to meet the needs of each condomirtium/townhome complex. All service schedules are subject to the approval of the City. 4, BLZK ITEMS The Contractor shall provide weekly collection of oroperlyprepared large household items, household construction debris and tires, as defined'herein,iiom 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. WF=GOODS The Contractor shall provide weekly collection ofproperiy prepared white goods,as defined herein,horn all eligiblehouselsolds. Residents shag be muired to affix apre-paid appliance sticker on each white goodplaced out for disposaL Residents shall be allowed to glace unlimited amounts . of properly prepared white goods at the curb for collection by the Contractor 'A ith a pre.-paid appliance sticker attached to each unit. -33- 6. YARD WASTE The Contractor shall provide weekly yard waste collection service to alt single-family curbside households from April 1 st through November 30'h. The Contractor shall provide weekly,unlimited collection of'oundled brash to all eligible households as part of the established base level service. All other~lard waste disposal units(except leaves during the Fall Leaf Collection?ro crram), shall require a pre-paid disposal sticker for collection. Residents shah be allowed to place unlimited amounts ofproperlyprepared disposal units of yard waste at the curb for collection by the Contractor with apre-paid disposal sticker attached to each whit. 7. FALL LEAF CO=CTION The Contractor shall provide the City with up to six 30 yd. roll-off durrpster trucks with drivers daily to assist with on-street leaf collection during the Fall season. The City shall notify the Conu.aCtOT of the exact_number of trucks needed for the next day by noon of the preceding day during the Fall Leaf Collection season: Tine Contractor shall receive payment for roil-ou rrck and driver services described in this section through monthly invoice statements to the City based on the hourly rate provided herein:. The Contractor will also be responsible for-providing up to two(2)30 yd.roll-off dumpsters daily,as needed;at no additional charge, to dispose of leaves from Bluff City Cemetery. The Contractor shall also provide all single-family curbside households withunstickered leaf collection duri_*rg a mutually agreed upon tire:established betweenihe City and the Contractor. This time period will commence no later than the 3rd Monday in October and will end November 30th. Residents will be required to place leaves at the curb in paper yard waste bags for collection. Pre- paid disposal stickers will not be required for bagged leaves during this period. -34- -The City of Elgin will provide a disposal site and pay tipping fees for all'leaves collected as part ol-bothprograms during the designated time period. 8. CHRISTMAS TIEE COLLECTION The Contractor will provide collection of Christ as trees frorr�all sir_gle-family and multi family household stops from December 26'b- j anuary 15'`, Christmas tress shall be treated as yard waste.They shall'be collected st pa.r.attiyfo,-mulchingpuTposts.-nd shall no be landnlleL Pre-paid stickers will not be required for Christmas tree collection during the designated time period. 4. BASE SERVICE RATP_4 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 scneduie: a fa) Single Family $10.821monthfnousehold (b) Multi-Family $7.87/month/household (c) Roil-Off Truck &Driver $75.00friour 10. PRE-PAID STICK—PPS &B AGS (a) USE The Contractor shall colleci 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 incl-oded in the pre-paid sticker and bag rates. T'ce tykes of pr e-paid stickers that shall be used in the orogram are as follows: �� 1. Disposal Sticke- 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. AunIiance Sticke~ 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 a-, ample and always available supply of pre-paid stickers and refuse bags. The City reserves thn right to approve the form,design,wording and quality of the stickers and refuse bags before their fabrication. Pre-paid stickers shall be uroduced on paper and have an elongated rectangular form with miniurn 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 carne and phone number and an approved City logo. Ir 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 suckers as well as other information ueit rent to the solid waste program. Stickers shall have a good p-ess:zre sensitive adhesive which will adhere to the"disposal unit" in all weather conditions. -36- The Contractor is responsible for all accounting or stickers.Serial numbers shall be printed on each stickerto aid in accounting and deter counterfeiting.The City shall not be held liable for any counterfeiting of stickers that may occur. (c) DISTRIBUTION Tie 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 agree~-to act as a sticker andbag retailer for the Contractor. The Contractor shall also make disposal stickers andbags available through the mail (10 slicker/12 bag minimlam. ). The Contractor s'_nall 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 purchasere-flrse stickers in as small a quantity as one(1)sticker at a time. Prepaid 16-gallon refuse bags shall be sold in quantities of a miii-um of twelve(12). The Contractor shall be permitted to sell stickers and refuse bags to retailers on a billable basis o.1y. The Contractor shall not charge retailers or the City for storage,handling, deliveri, or anv other ser-v-ices associated vrith the distribution of stickers and reuse 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 M 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 a:eount. The �7- Contractor shall notiry the City of bile Karnes of retailers to-,vhich the supply of stickers and refuse bags has beet;suspended as soon as the suspension occurs. The Contractor will supply a list of participating retail outlets on October 1"of each year of the Agreement. (d)F-ONORNG ALL STICKERS The Contractor shall continue to honor"grass s ickers"used in tne'City's program prior to the commencement of Iris Agreement through December 31, 2002. Residents will be allowed to substitute two(2) "grass stickers''for one(1)"pre-paid disposal sticker"to dispose of-eligible solid waste items in the Modified Volume-Based Program. The CoT)T-,ctoT shall agree to honor all pre-paid stickers and refuse bags purchased by residents throughout the- term of dais Agreement regardless of the puce at which they were purchased. The Contractor shall provide the same level of senfice for previously purchased stickers. and refuse bags-as is provided for sackers 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 expi—ration of this Agreement,the Contractor agrees to re-=und all customers the full purchase price of anv pre-paid disposal stickers resumed to the Contractor wifhin forty-five (45) days afer such Agreement ekpires. The Contractor will reimburse retailers as appropriate for returned or unsold disposal stickers within sixty;60)days from the expiration o f, the Agreement. (e) COST The fisted stickers and bags shall be sold according to the following schedule: (1) Disposal Sticker 52.00/each (2) Appliance Sticker �25.00ieach (3) Prs-paid Refuse Bag 51.10ieach {f) AD7-\,JNTISTRATI-VE FEES The City reserves the right to add a fixed adrinistrative snrcha:ge,to all stiekcr and refuse bag sale prices quoted. The surcharge shall be used to defray the expenses incurred by the City for ad.=ninistering this Agreement and program. Should tl:e City choose to add an administrative surcharge to thepr---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 inonthly accounting of total sticker and bag sales. Such a report and remittance shall be the no later than fifteen(15)days after the close of the montIri.The City reserves he right to change the amount of the surcharge and shall notify the Contractor by August 1 s t 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 plarchased as part of this Agreement at a rate not to exceed 535.50 per cart for the first year of this Agreement. "Phis rate shall include all shipping,assembly,distribution,main+tenance and warranty as specified herein. Annual rate increases for subsequent years for refuse carts shall be limited to the Consun—Price Index for Chicago-Ga-y-Kenosha besrn-rin¢in-November 2003. The Contractor shall provide and retake 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 -39. calculated as set forth in Article 33,Section 2(a). The Contractor shall invoice the resident directly for the cost of these additional carts. All refuse carts distributed to residents as part of this agreernent snail become the City's property, includhig the remaining warrann,, with the exception of additional casts requested by residents with such additional carts remaining the property of the Contactor. All maintenance or replacement of carts shall remain. the Contractor's responsibility at the Contractor's cost until the expiration of this Agreement. (b)RECYCLLNG CARTS The Contractor shall provide one{i)recycling cart to each eligible curbside household. The size of the recycling carts shall be 35 or 64 gallon carts,as determined by the City. All recycling carts distributed to residents as part of this contract shall become the City's property including the remaining warrounty. Any maintenance or replacement of recycling carts shall remain the Contractor's responsibility at Contractor's cost until the expiration of this Agreement. T-here shah be no additional charge or cost io the City or residents for such, recycling cats ii being agreed and understood that the costs and charge for such, recycling carts has been incorporated into the base service rates to be paid io 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 inaterials.The cart must be serviceable by both semi-automated and fully-automated collection systems. Bach cart must have a separate serial number for identification i purposes, The color, style and design of all carts utilized.under this Agreement shall be determined solely by t1ne City. (d) DISTRIBUTION The Contractor she be responsible for distributing all carts provided under this A greern ent. 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 debverng new carts,upon request. The Contractor shall maintain an adequate supply of carts on hand in order to meet demand_ The Contractor shall bc 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 insvuetions (in both English and Spanish) on the proper use of the carts, at no additional cost to the City. These inst-uctiom 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 ow-nerslup and :. stipulating that the containers remain at the property in the event the residents relocate. (f) TECIENICAL SPECIFICATIONS The polyethylene resin used in the construction of the can and lid shall contain a minimum 25% r°-cVcl5d plastic (10% post-consurner). 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 byrodents and other pests. -41- Tae containers when empty, must not overturn when the lid is thrown fully open, T'na containers must be designed to prevent being turned over by winds up to 40 mph(30 mph for the 35 gal oart). The container body shall be gee ofpeckets,recesses or significant intrusions which could trap debris or interfere with the discharge of refuse. At minimum,there shall be sufficient space allocated on the right and left sides of the body ofthe container for the not stamping/imprinting of amunicipal or program logo, as determined by the City, into the plastic surface of the cart. The images shall noz fade, discolor,or disfigure and shall not peel or wear off under normal use conditions. The lid must be of one piece consduction, injection molded of high density polyethylene resin;dosed to facilitate water run-off. The lid m)Tst be permanently attached to the body.No lid Iatches,�xzil be accepted. Lid will beheld closed by its-weight only.An insert attachment hook must be moidedipto theundersurface of the container lid to accommodate the distribution of information inserts. At minimum,there shall be sufficient space allocated on the outside panel of the container lid for the hot stamping of clack and white image:.into the plastic surface of said lid conveying safe and propzruse,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 alier appreciably during normal use. Containers will have not less than one hall of one percent (.5%)pigments by weight. Each container shall meet the following mirimurr size specifications: -42- 3- Gallon 64 Gallon 96 Gallon Load Weight Capacity 125 lbs. 200 lbs, ZSO lbs. (excluding the weight of the container) (g) 1viAINTENANCB The Contractor will be responsible for the maintenance and replacement of carts that are malfunctioning, darr_aged or missing at ao additional cost to the City or resident. The Contractor sl~aU fix or replace carts wifnin two weeks ofthe reported problem. (h) WARRANTY The carts and ail 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 fait to perform as originally designed or specified in this Agreement, shall be replaced at uo charge to the City. The warranty shall include,but not be limited to: Failure of tkre lid to prevent rain water floor entering the contaMer when closed on the container body. Damage to the container body, the Iid, or any component parts through opening or closing the lid. Failure.of the lid fringe to -emain fully functional and continually hold the M in the originally designed and intended positions when either opened or closed. Failure of any metal components to remain free of excessive 11.1st and corrosion, to be determined by the City. > Failure of 2ny plastic component to be resistant to damage in the event of contact with any common household or residential product/chemicals. Failure of anyportion 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 pasts to maintain their original shape. Failure of the wheels to provide continuous, easy mobility, as originally designed or intended. Failure of any container,conta:nerbody,lid,wheels,or other component part to conform to the mirrirr ant standards snecined herein. 12. SPECIAL.EVENT SERVICES (a) DESCRIPTION OF SERVICES The Contractor shall provide portable toileis,nand washing units and roll-off dum-psters for various festivals and other special events sponsored by the City. The Contractor shall also provide a sufficient number of disposable refuse and recycling containers(approximately 32 gallon size)for each festivalispecial event sponsored by the City of Elgin, at no additional cliarge to the City. (b) PAYMENT FOR SERVICES The Contractor shall receive payrnont for all services described in this section through single event invoice statements to the City. These statements will detail the sizes and number-of durnpsters delivered, as well as the numb-n-of portable toilets and hand washing units utilized. Rates are as follows: Regular Portable Toilet $73.00Nnit -44- Handicapped Accessibie Po able Toilet $95.00/unit Hand Washing Unit $95.00/unit Roll-Off Durripsters 20 yd $265.00 30 yd $365.00 40 yd $465.00 (c) 24-KIND SERVICES The Contractor shall provide up to $5,000 annually of in-kind services including, but not limit=ed to,portable toilets,hand washing units and roll-off dumpsters for City of Elgin sponsored special events during the term of this contract. Baamples of these events include: the 4`' of July Parade,Fine Arts Fes, (August) and Fox Trot (Miay). I-!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 orice included herein. The Contractor shall provide at no additional cost sei v ice for up to one hundred(100)20 yd dur,_psters for the final construction phase of the City's new family recreation center, The Centre, from July 1,2002 through December 31,2002..-The Contra;tor small also provide at no additional cost ser'?ce for up to ten(10) portable toilet units per month during this same period. 13. STIBT SWEEPNG DISPOSAL (a) DESCRIPTION OF SERVICES The Contractor shall provide a sweet sweeping disposal site located within five(5)miles of the City's corporate limits where the City can bring street sweeping:uateraal for disposal. Taus site mast be.accessible to City equipment. -45- (b) PAY?v1BNT T FOR SERVICES i he Contractor shall receive payment for these services through a separate monthly invoice to the City. Payment will be made based on the volume of material brought to the site by the City for disposal, at a rate of S41.50%ton. The Contractor shall issue load tickets to each City vehicle at the tfhne of disposal indicating the date;vehicle number and volume of material disposed o 14. DISASTER.CLEANI -UP SERVI= (a) DESCPUP T ION OF SERVICES In the event a disaster, as declared by the Public Works Director, strikes the City resulting in excessive amounts of refuse,the Contractor will arrange for additional vehicles apd employees to maintain a normal collection schedule or a closely related schedule agreeable to the City. The Contractor will be responsible for servicing the community in a timely manner, within one week of the disaster. The City is dedicated to proper disposal of materials requiring such service. However,the Contractor is expected to assist the City in encouraging recycling and drop-off alternatives for other materials that may be discarded by the public following a disaster(items such as appliances and brash). L order to insure the proper handling,recycling or disposal of all material generated by a disaster, the Contractor will service the community primarily through curbside collection and the City will designate if acid where any dumpsters will be placed. (b) ?AYIMENT FOR SERVICES The City and the Contractor will negotiate a Lat fee to be paid for the services based on the additional level of servicerequired,the volume of material disposed of,number of vehicles servicing the area,and extended hours of operation.This fee will be in addition to the cost associated with`the -46- normal service already provided for through the general agreement. The Contractor will be responsible for providing all necessary data and a separate invoice for the disaster service. IS. PROPERTY MAINTENANCE CLEAN-LIPS (a) DESCR IPTIOi�,t OF SERtiZCES In the event thai a property owner fails to comply with the City's solid waste progra.*n regulations, the City may take corrective action to remove miscellaneous refuse and,debris that has been left on tine treebank area of the property in order to ensure the health and safety of the public. Within twenty-four hours of the receipt of arequest from the City,the Contractor shat 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 re=use and debris upon completion of the clean-up. (b) PAYMENT FOR SERVICES The Contractor shall receive payment for these services d rough a separate mon-hly invoice to the City. Payment will be at a rate of z 18 per cubic yard of solid waste material removed from each site and said rate shall include all equipment and labox.costs, The Contractor will be responsible for submitting the appropriate load tickets with monthly iiivoices indicating the address, date and time of the clean-up and the number of cubic yards collected from each location. 16. OPTIONALUTILIZyTION OF ADDITIONAL SERVICES The City has the right and option to utilize additional services of the Contractor dwing the ternn of this Aareement. Upon vritte nonce frorn the City to the Contractor,the Contractor steal►. provide the following services at the following rates: la; ANNUAL SPRLNT CLEANUP -47- The Contractor shall provide an annual spring cleanup for one(I)week each yea. During this period,the Contractor shall collectunhruited properlyprepared disposal units of large,house-hold items;household construction and demolition debris,yard waste,white goods and extra refuse from all single family and multiple fainily 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 annua.i cleanup shall be established between the City and the Contractor, The Contractor shall receive payment for such annual_spring cleanipr services as part of the monthly invoice to he City at an annual rate of$10.56 per household,payable as$0.88 per household,permoat1h,over a twelve (I2)month period. ( ) STREET SWEEPING DISPOSAL(WITH ROLL-Or DU]V2STERS) 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 sweenutgs generater_+ as part of the City's daily operations. The Contractor shall be responsible for picking up and delivering containers within tweuty-four(24)hours upon request from the City for service. The Contractor shalt receive payment for such street sweeping service disposal with roll-off dumpsters through a separate monthly invoice to the City at a rate of$555 per ton. Payment will be based on the number of tons disposed of. (c) FALL LEAF DISPOSAL SITE The Contractor shall provide a disposal sit,-.,or leaves collected by both the Contractor and the City d-ming the fall leaf collection program. The Contractor shall receive payment for the service of provieing z fall leaf disposal site as part of the monthly invoi ce to the City.Pa}cr_entwili be made based on he volume ofmaterial disposed of at a rate of S 1 1.00 per cubic yard, The Cont-actor shall issue load tickets to each vehicle at the time of disposal. -48 17. MISCELLANEOUS (a) TRANSITION PERIOD The Contractor shall provide an unadvertised grace period durinle the first week of the new i Modified Volume-Based Program. During this graceper:od,the Contractor shall continue to coileet a reasonable amount of solid waste items that have been p':aced out by residents without apre-paid disposal sticker. The Contractor shall leave a"reminder sacker''at these addresses to help educate residents of the new program guidelines. (b) COLLECTION OF OLD BIN, &:RECEPTACL.ES 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,begiiuiing when the modified volume-based program is implemented. Pre-paid disposal stickers shall not be required,to dispose of empty old refuse receptacles during this period. The Contractor shall collect and-recycle empty old recycling bins,at no additional cos:to the City or residents. Prepaid disposal stickers shall not be required to dispose of empty old recychug bins. IN17dITNESS hi iEREOF,the parties hereto have caused this Agreement.o be ezdcated as--'. of the day and year first set forth above, CITY OF ELGIN -wASTE MANAGEMENT OF E LII IOIS, II�'C. By By � - .�"�- City i�lana er Attest: Attest: y City Clerk R\,..Iy riie;\MyFilesVAcdified Volume-Based Frogrzrnlfiml consact 9 5.vm -49- EXHIBIT I CITY OF ELGIN CURBSIDE MULTI-FAVULY SERVICE LOCATIONS 3r COLLECTION SCHEDULES Number Complex Closest Intersection Service Day of Units Park Bluff Willard Ave. &Bode Rd. Tuesday 25 Tyier Bluff Florimond&Big Timber Friday 60 Miil' Creels Randall Rd. &Fletcher Dr. Friday 89 Windmere Cove Nautical Way&South St. Thursday 48 Pine Meadow S.McLean &Bowes Rd. Thursday 68 Century Oaks West Creekside Cir&N.Lyle Friday 150 Cobblers Crossing Rt. 58&Shady Oaks Dr. Monday 436 (South) Cobblers Crossing Toastmaster& Con-don Monday 160 (M�Orin) Stonegate of Big Timber 8c N. Lyle Ave. Friday 32 Ceniv_ry Oaks Woodbridge North College Green Dr. &.Randall Thursday 113 Highland Springs Hig"tland Ave, &Highland Friday 106 Springs Dr. Oa mood Hills Rt. 19 &Woodyievr Tuesday 321 Oaks Club Tall Oaks Dr. & Randall Rd. Thursday 43 Lincolnwood Presidential Ln. &Highland Ave, Thursday 16 Terrace Sm�ng Cove 1700 W. �ighlard Ave. Friday 1C Hickory Ridge NE corner of Randall Rd. Friday 52 &F�ighland Ave. Number Complex Closest Intersection Service Da v of Units Spring Oaks North side of Big Timber, Friday 1 Just east of Randall Rd. Sandy Creek Manor North side of W. Highland Ave. Friday 2 Homes B tw.Airiite &Lyle Ave. Williamsburg W. Highland Ave. Thursday 13 Terrace &Governors Ln. Sierra Ridge College Green Dr. &Mesa Dr, Thursday 1 Waverly Commons NIE.&NW corners of Monday ?Z Waverly&.Jefferson Willow Bay West ofUmbdenstock,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 1Hopps Rd., Thursday 43 off of Knotty Pine Dr. College Green College Green Dr., btw Thursday 388 Randall& S. McLean Blvd. Wyns'tone of .ieffreyLn. &N. Lyle Ave. Friday 43 Century Oaks Idlulberry Grove UmbdenstocK&Montclair Dr. Thursday 3 12 N.Douglas Tuesday 1 1300 N.Bluff City Wednesday 1 North Clifton Friday 2 TOTAL 2,964 EXHIBIT 2 CITY OF ELGIN MULTI-F.kMILY DUMFSTER SERVICE LOCATIONS & COLLECTION SCHEDULES Complex Location P of Trash Recvcling Units Collection Collection Containers Days) 96 Gal. Day(s) Carts w ' Denver 712 W. 6 1-2 yd Sat 1 "Jed Condos Highland Park Terrace 764-774 ! 18 2-2 yd ITIM Wed I 3 Terrace Ct. 1 Senegate of NE Highland 24 i 4-2 yd Tues Wed Valley Creek tirlite College Park SE South St_ 35 5-2 yd Wed 6 Wed Square &Randall t Garden NW Wing& 169 7-2 yd, Tues/-ri 22 1 `Ned Quarters Garden 4-4 yd, 3-6 yd 4 Crescent Dr Ston&briar NV,7 Highland 20 3-2 vd Taes 4 . Wed Condos &.N. Lyle 4 Regency South NE RandaU& 54 4 E-2 vd f Thurs 8 Wed South St. '! Lords Park Terrace Ct. 35 3-2 yd ; -Ion/ 2 Wed Condos (south side) Thurs ` I Tyler Tov✓er Pl}rnoutc Ln. 72 4-2 yd MonlWed I 8 "Jed Condos ii 'P7i I Sandy Creek N. side of W. 60 f 5-2 yd i'ues1.—vri 6 "Jed Condos Highland; W. oT Lyle � ! I � 3 r Complex Location Tr of Trash Recycling Units Collection Collection i Containers Days) 96 Gal, Day(s) Carts Maplewood North side of 16 1-4 yd ` Tuts/Fri 2 Wed j Condos Hi ehland, ( end of Heine Kennington Rt. 58 & 173 6-8 yd, 1-6 yd Mon/Wed 16 Wed Souare Condos , .Kenneth /Fri Circle 1 Regency 17-33 Garden 17 2-2 yd Tue0i 3 Wed �f Woods Crescent i I Condos E Shoe Factory NEE Congdon 24 2-2 yd Tues%Fri 4 .. Wed Hones &Dundee Total 723 I i 88 i . j EXI E3IT 3 CITY OF ELGIN SOLID'WASTE COLLECTION SCHEDULE . ..t•_..t ,. _Es�„E -r--�f�—r" vim-�:_ max..- taw - 440.4442=-5� f4 .r�•-.t3 Wit. •.—� Wl `n '"�•t 3,a_T RooTyta r, 1? -ts s,+r�- 3 s r i4 r z•r_.a s 4 c� cr -x+' '.�ixatirc+ m g s .:.3-' 't'zr• ',s�f � W�3s4i' q 1- a .��'a•re' F-fir.. _�. _zss+3 i n-=....+.'� RONi RS -as' •._;Si��'d�c��4� a r� 'a. e.•Yi 5.4z+ ' i C.3•i t Y .9a' I �tl:1 i N�:.•�z_`.,,�.- �- � �`� �. .ATM p = � _., }� 1:_—r- 7�.�_.i�_,� -�"t..a� S—•n' l�cxn ra ru"'s_r �� � _ -i r , �. 0'ds c r c�� '?:'°' [+ 7' r•� i. cc .nF�. �.',.�. '}'. 4.- s t 34 r ii 'a 1` ;?s3�° - -�c'.� '•S v �,.. vvEE'' :�.�i 4� 9 s�- L'S![�. , r 'a'y_ I ; -N3`32 +vnP aAfis1 ajy.,,,�TY /.• :� •t .L {{ ^4 •F a a .J t7� ..T. Y ti a _ -..._.,,..moo•:::_:�._.. •:;-. ...._':,�:.� The approximate number of household units per area are as follows: MONDAY 4,897 units TUTESDAY 4,142 units WEDNESDAY 3,642 units TI3C,MAY 5.287 units FRIDAY 4,465 units EXMIT 4 CITY OF ELGIN BUZLDLNGS,FACILITIES &PARKS SERVICE LOCATIONS&COLLECTION SCHEDULES i Building a Trash Paper Commingle Yard Recycling f Recycling Waste ' Size/ Sizea' Size/ Siie/ I Service Days Service Days Service Days Service Days t City Hall 2-2 vd 6 yd 1-96 gallon 150 Dexter Ct. Mon-Fri Tues/Thur on call. VIA Police Dept. 2-2 yd 2- 2 yd -,/a 151 Douglas Ave. Mon-Fri Tues/Thur Public.works 4 yd 2 vd-Mon& 1-96 gallon 6 vd 40?ors St. 6 yd Thurs Wed } Tues&Fri 6 yd- On Call MonT1Ti ed/ i Fri Fleet Maintenance 4 yd Curbside Curbside Crystal ST Tues Water teeter Shop I 2 yd 2 yd 1-96 gallon _2 Slade Ave. Thur Thur Wed Riverside Treatment 6 yd 2 yd 1-96 gallon Plant Th ur Thur Mon 375 W.River Rd. f Water Treatment 2 yd I-96 gallon 1-96 gallon Plant Thor toter Mon 74 �. A.iriite MOD I i I t I PARYq & REC Trash PaperCommingle Yard. I FACILITIES RecvcUug Recycling ii 'Waste Size Size Size I Size Trout Park 4 yd ! Tues/Fri Lords Park I 3-8 yd 8 yd MonfW ed./Fri f Ivion/Wed/ i Fri ; Spartan:Meadows 8 yd Tues/Tri 07 Golf Course (Mon/Wed/Fri in i summer) E , I Sports Complex 8 yd I; Mon)rWed/Fri I f } } The Centre-Family To be determined l To be To be Recreation Center I determined dete,ntined (Opening Nov 2002) ' 4-96 gal City Skate Ice Rink Mon/Wed/Fri I (Nlov-March) l � E Waiton Lsland 8-96 gal E Mon/Wed/Fri Bluff City Cemetery 4 yd Curbside 4 yd Thurs Wed/Fri Elgin Public Museum 1-96 gallon 360 Paris St. Tuesday Paiking Lot i IElgin Public Museum i I-96 gallon i 225 Grand Ave. Tuesday (Lords Park) E I I , American Little 4 yd I League TueslThurs ) i I (1-iawatha.& SuTi1I17it) 1{'Il2 1 STATIONS Trash Paper Commingle I Yard f Recycling Recycling Waste f Size/ Size/ Size/ Size/ jService Days Service Days .Service Days Service I fi Days Stzti6n#1 2 yd { Curbside 1-96 gal 2 yd 550 Summit St. Wed Wed On-call Station n2 4 yd 1-96 gal 1-96 gal 2 yd 650 Big Timber Mon&Fri Weekly Weekly On-call ! ! l . I Station 43 2 yd Curbside Curbside 2455 Royal Blvd. Tues Station 44 2 yd f Curbside Curbside 599 S. McLean Blvd. Wed 7 Station 45 1 2 yd i Curbside ! Curbsde 2 yd''fired/ 804 Villa St. Thurs ( On-call Fire Barn i-96 gal Curbside Curbside I Curbside St. Cbarles St. Wed PARICS. &REC jlj Trash. Paper COMI-hingle I Yard' FACILITIES j Recycling Recyciiirg Waste Size Size Size size i Bring Paris I 2-6 yd I 1-6 yd Maintenance Barn ivion,l�Ted/rri 1�7on'�Ved/ Fri ` Win?Park Golf 2 yd 6 yd i Course Tues 'V=Wed/ . . I Fri Hawthorne Mlls Paris To be determined To be To be &Mature Preserve determnned determined (Opening Fail 2002) i PARKS &REC Trash Paper `` Commingle Yard FACILITIES ti Recycl-tn, 1 Recycling Waste Size Size { Size Size National Little League 4 yd 4 (liawat'�a&Sumnvt) Tties/Thy rs Classic Little League 1 4 yd (Wing Park) TuesfThus Continental Little I 4 yd League TuesMwTs { (S. State St.) ` if Park Location #of 95 Gallon Service Day/ Carts Frequency Barclav Park Dundee,North &Center j Z Tuesday Bumidge Woods Banks Dr. 1 Friday Park I� Central Park 4 S. State&Standish St. Wednesday Century Oaks N. McLean: &,Forest 2 Friday Ave. Clara Howard Fremont S'. 1 Tuesday j Clifford-Owasso Clifford, Oswego & 1 Friday i Frazier,(enter off cf 1 Mabel) I Corley Drive Pack Corley 8c Longford 1 Tuesday Douglas Ave. i Douglas &Kimball 1 Tuesday , Drake Field I Hastings,kve. & wo to 20 Mon, Friday Lavoie St. , (,lime -Nov) t Park Location # of 96 Gallon Service Day/ Carts Frequency Eagle Heights Debor-.h&Kimberly 1 l Friday Elgin Sports S.McLean& 25 Mon,Wed,Fri Complex Spartan"Dr.. (seasonal) i Frazier Park Frazier&:Clifford 1 Friday (access off of Mabel) Clifford Park DuPagvT-ulton/ChapeU 2 Monday,Friday Park Row ' Grolich Park Souster Ave. &Willis 2 Mon,Wed,Fri i' St. ` Rt.20 By-Pass 1 . I Hawthorne Hills 1`tE comer of Randall To Be determined Mon,Bled,Fri Park/Nature Rd. &Foothill Dr. Preserve (opening Fall 2002) Lords Park Bode/Grand/Hiawatha/ 58 Mon,Wed,Fri Oakwood Dr. Lords Parr Pool Bode./Grand-1-hawatha/ 17 Mon,Wed,Fri Oakwood Dr. (Memorial Day- Labor Day) Memorial Park Viha/Prairie/Chapel I Tuesday fi Millennium Park ColurnbinelCollege .2 Thursday i Green l Observatory Par National &S . Charles 2 tiVednesday Powder River Path Powder Rivcr Path 2 Friday Randall Ridge Park Dead End of 1 Monday&Friday j Winchester Dr. Ryerson Park S. State&Ryerson Ave. 2 I Wednesday St. !rancis Park lefferson/Prospect/plum/ # 1 f Monday Center s Sunwrer Hill Park Concord &Thoreau 1 Tuesday i . I i Park Loeaiion 4' of 96.Gallon Service Day/ Carts F�requeney Trout Park DundeeDuncan/Trout 30 Mon,Need,Fri Park Blvd. (includes Ballfreld) I f Wing Park Wing St. &Wing Park 80 Mon, Wed;Fri 1 Blvd, Wing Park Pool Wing St. Wing Park i 25 Mon, Wed,Fri Blvd. aI femorial Day- Labor Day) Wing St.Park N_State St.&Wing St. Friday Willow Bay Park Willow Bay& 1 Thursday Annandale Dr. Wright Ave.Park Wright Ave. &Kramer { 1 � Wednesday Zayres Park f Mulberry Lane 1 Thursday American Little ; Hiawatha& Summit 16 Man Wed.Fri League (April- Oct) -National Little Hiawatha&Surmuit 16 Mon,Wed,Fri I eagzse , ' (April-Oct) Continental Little S.State St.,behind Sec. 25 Mon,Wed,Fri Leacse j Of State's Office. (April-Oct) Classic Little League Win;Park 12 Mon,Wed,Fn Narph- Sept) f Sunnier Camps Various Locations 5-7 Twice per week (approx. 5) (June-Aug) i EXHIBIT S CITY OF ELGhN PUBLIC REFUSE RECEPTACLE SERI%ICE LOCATIONS S COLLECTION SCHEDULES Downtown(Senjced MonfWed/Fri) State Si between Highland and Chicago(7) } 9 State St.(El 7~arro's) NE Star&Chicago N-W State&Chicago 10 State St. NE State&Highland ► SE State&Highland • SW State &Highland Ehzhland Ave.between N. Grove&State St. (1) NEE comer of Riverside Dr. &Highland N GTov°betw6_=Highland &Chicago (El Mid block(east side) Mid block(west side) NW co mer of Grove&HigliJand ► SW comer of Grove&Highland • NE corner of Grove&Riga' land ► SE comer of Grove&.Highland S Cove between Chicago &Prairie(11) ► Fountain Square Piaza (SW corner of Grove&Chicago) (3) 3 S S, Grove 42 S. Grove 32 S. Grove ► East Intersection of DuPage Ct. &S. Grove Coy Fountain) ► In front of Crocker Theatre(SW corner of Fitton&'Grove-) ► 125 12 S. Grove ► Crocker Theatre Parking Lot--at Prairie&Riverside Dr. (2) ChICaEO St.between Douglas & Spring(2) • 101 E. Chicago CC,nion>;anlc) 169 E. C-nicago Hishland bem,een Douglas&.Grove(2) I1.3 Highland Across from 113 Highland Highland bemeen Spring&Douglas (1) ► 166 highland Douglas between Hiahland&Chicago(6 ► I! Douglas Ave. ► i4 Douglas Ave. • SE corner of Highland&Douglas NE comer of Highland&.Douglas } SW corner of Highland&Douglas } NW corner of Highland&Douglas Highland between Villa &Syrine(3) > IV 5,corner of Highland and Villa 216 Highland(15C-United M-etnodist Church) > Mid Block(south side) Spring between Highland&Chicago(6) 16 N.Spring hrE corner of Spring& Chicago SE corner of Spring&Chicago SE corner of Spring& Highland I. NE corner of-Spring&Highland ► NW comer of Spring&Highland 7 i bran,y Complex (4) SW corner of N, GrovL&Symphony Way Entrance) Library Parking Lot Center Aisle(3) City HalliCivic Center Plaza Complex(6) City Hall entrance(1164 Dexter Ct.) - SW comer of City Hall&Civic Center Parking Lot ► Civic CenterParl:ng Lot-center aisle wall-way(4) Villa betvveen Chicago &Fulton (3) ara-Ic lot at Villa&.r ulton(center aisle) ` SE corner of Chicago &Villa SW corner of Chicago-&Vila(225 E. Chicago) Geneva.between Highland&.Chicago.(3) North &South Parking at the intersection of Highland &Geneva(3) East Side Collection Dav SW corner of Ann&Center Tuesday IN-E corner of Geneva&E. Chicago Tuesday SW comer of Gifford&Hickory Tuesday 58 S.Geneva--parking lot across the street Tuesday S W comer of Gifford&DuPage C, Tuesday '_,TW corner of Ann&Gifford Tuesday 431 Summit St. Tuesday SF,corner of Franklin& Coliege Tuesday SW corner of Frar khn& PIi11 Tuesday NW corner of Chapel&DuPage Tuesday NE comer of Channing&Laurel Tuesday West Side Collection Day AT comer of McLean &.Van Thursday Lilac&Mulberry Ln. 'i"nursday (east side of street by vacant lot) SH comer of Highland &Jackson Tlnusday SW corner of W.Highland&Lynch Thursday SW corner of S.Jackson&South St. hursda,, �T 7 comer of S.Jackson &Locust Thursday ATTACHMENT B [See attached] y Resolution No. 04-81 RESOLUTION AUTHORIZING EXE-CUTION OF ANT AMENDED AGREEMENT FOR PROVISION OF REFUSE,RECYCLA-BL.ES AND YARD WASTE COLLECTION SERVICES WITH WASTE MANAGEMENT OF ILLINOIS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGDI`I,ILLINOIS, that David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an Amended Agreement for Provision of Refuse,Recyclables and Yard Waste Collection Services on behal=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, i sl Ed Schock . Ed Schock,Mayor Presented: ;March 31.2004 Adopted: March 31, 2004 'Vote: Yeas: 6 Nays: 0 Attest: si Dolonna Mecum Dolonna Mecum, City Clerk AMENDED AGREE_ MENT FOR PROVISION OF . REITUSE,RECYCLABLES AND YARD WASTE COLLECTION SERVICES THIS AGREE1vSENT;made the jay of j'y,,Q /? , 2004,is made by and be- tween the CITY OF ELGIN, an Illinois municipal corporation (hereinafter the"City") and WASTE MANAGEMENT OF ILLINOIS, INC.; a Delaware corporation (hereina-fter the "Con- tractor"). WHEREAS, City and Contractor previously entered into an"Agreement for Provision of Refuse, Recyclables and Yard Waste Collection Services,"dated a; of September 12,2002(the I "Current Agreerent"); and I WHEREAS. City and Contractor wish to amend and restate the Current Agreement to incorporate provisions relating to yard waste collection during the month of April and to delete provisions of the Current Agreement relating to the transition period during.which the Current Agreement went into effect,and to make certain other necessary and conforming changes; NOW,THEREFORE, in consideration of the mutual. premises contained he?einand other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree that, effective as of the date hereof, the Current.agreement is hereby amended and restated to read in its entirety as follows: ARTICLE 1—RECITALS WHEREAS, the City is a municipal corporation organized and existing under the author- ity of the Illinois Municipal Code of 1961, 65 ILLS 5i1-1-1; et seq., and predecessor statutes and having those home rule powers granted pursuant to Article Vtl, Section 6 of the 19?0 Illinois Constitution: and WHEREAS, the City issued its Request for Proposals#02-001 for the provision o`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 Cite lowest responsive proposal and possesses the nec- essary expertise, equipment and manpower to-furnish the requisite labor, materials, tools, equip- Went, 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 Tully set forth herein. 2. DEFINI T IONTS For the aurpose of this agreement, definitions of certain terms shall be as listed below. Other 'terms shall!be as defined within applicable subsections. (a) "Refase"shall mean all discarded and unwanted putrescible and non-ptitrescible household and kitchen wastes,including but not limited to, food,.food r esidues, and ma- tenals necessaril}'used for packaging,storing,preparing, and consuraug same, usually . defined as"garbage"; and all combustible.and non-combusLibie waste materials resulting . from the usual routing of domestic housekeeping, including but not limited to, aluminum and steel cans; grass containers;plastic containers; crockery.and other containers;metal; , l paper of ail types; including newspapers,books,magazines, and catalogs; boxes and car- tons;cold ashes;tires; furniture, furnishings, and fixtures,household appliances of all kinds,textiles and leather; toys and recreational equipment; and similar items. For the purposes of this specification, the terms"garbage","refuse","rubbish", and"waste"shall be synonymous unless otherwise more specifically defined (for example,"yard waste"). (b) "Solid Waste"shall be the general term encompassing all refuse, recyclables, yard waste, household construction and demolition debris, large household items,white goods, street sweepings, and other waste covered under this contract. (c) "Recyclables"or Recyclable Material(s) shall mean, at a minimum, brown page- bags; corrugated 'boxes; frozen food packages;magazines and catalogs;mixed paper;- newspaper; paperboard, telephone books; wet strength carrier stock; aerosol cans; alumi- nuin cans; aluminum foil- aseptic packaging and gable top containers; formed steel con- tainers, glass bottles and jars; plastic containers, bottles,jars and jugs rl through 75 and 47;plastic six and twelve pack rings- steel cans; steel paint cans and lids; and household batteries. t (d) "Yard waste" (also known as"landscape waste") shall mean grass clippings, leaves; branches and brush, other yard and garden triii mings, vines, garden plants-and flowers,weeds, tree droppings (for example, pine cones and crab apples)-, and other simi- lar orEanic waste materials accumulated as the result of the cultivation and maintenance of lawns, shmbbery,vines, trees, and gardens. Christmas L~ees shall also be considered landscape waste. hey shall be collected separately for mulching purposes and shall not be 1andfilled. Sod and greenery from wreaths and garlands shall not be considered land- I I scape waste and shall be disposed of as refuse:unless the composting facility will accept It. , (e) "Household Construction and Demolition Debris" or"Debris"shall mean waste materials froth interior and exterior household construction, remodeling and repair pro- s jects, including,bat not limited to drywall;plywood, and paneling pieces:Iumber,and other building materials; windows and doors,cabinets,carpetin R, disassembled 'bathroom and kitchen fixtures; and stnaIl amounts of sod and similar m teriais. Such debris shall conform to the following: loose small items shall be placed in suitable containers not ex- ceeding forty-five(^5)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, free_- ers, air conditioners,humidifiers and other similar dog ,estie la-ge appliances;including those containing CFCs (chlorofluorocarbons),switches containing mercury: and?CBs (polychlorinated biphenyls). (hj "i.arge Household TIe;Tl" (also}mown 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. {;1 "Disposal Unit"shall have different meanings as follows'. (1). For the purposes of refuse coil, a`'disposal unit" snail meat ore(1) water-ii gtti metal or plastic reusable waste container with handles; or one(1) dis - posable J1uSi1C r°ilt5e brig, no lar�eC t1Li'i TO (4r0) g3110nS to Cap�Clt;`Or fUrty 4 i five(45)pounds,containing refuse or household construction and demolition de- bris as bere'tn defined, securely tied or closed in such a fashion so as to prevent the litterine, leaking, or scattering of refuse or debris; or one (1) securely tied bundle of refuse or debris which is not placed it a container tinat does not exceed two (2) feet in diameter, five(5) feet in length, and fogy (45)pounds in weight; or one (1) single miscellaneous or odd-shaped item of refiase'or debris that does not exceed forty-five(45) pounds in weight. A large household item, as is herein de- need in Subsection(h), is to be considered a disposal unit. Household consruc- tion and demolition debris, as is herein defined in Subsection(e), is to be consid- ered a disposal unit. (2) For the purposes or-yard )vaste 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 afbrush 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-Fam.iiy Stop"shall mear, any single-family detached, multi-family dwell- . invs of five(5) units or less and certain duplex dwelling units receiving curbside service. The Citv shall have the right to modify the number of single-family stops through the term of this Agreement pursuant to Article 2, Section 4. (,c) "Multi-Family.Stop" shall have dit=erent meanings as follows; (i) Townhomes or condominiums wish individual driveways that receive curbside service. The above may also be referred to as a"Multi-family Curbside Ston" of"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 suc� list and add new locations that may arise during the term of this Agreement. (2) Townhomes or condominiums serviced by common waste containers 0-t. 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"iviulti-family Household", as listed in Exhibit 2 that is attached hereto and made a part hereof. The City shall have the right to inociry such list and add new Locations that may arise during the tent of this AgTeement "Disposal Site" shall mean the location collection vehicles empty their mate ials. It shall include transfer stations,naterial recovery facilities,landfills, incinerators and composting sites. (m} "lvlodified.Volume-Based" shall mean service rendered using a axed volume cf refuse and yard waste collection wifn unlimited recycling(also ref rred to as the°`base level service"), coupled with a sticker systen-L, where residents are required to affix a pre- paid disposal sticker to each grope:"disposal unit" above the base level service provided by the City. (n) The term "Stop"shall be synonynous with the tern:"Household". 3. SCOPE OF WORK. The Contractor Snall be responsible TOT vv Cry h1 required to be performed and: :all provide and furnish.ail of the labor. materials, nc_cessaty tools, expendabe equipment, vet icles:_ 6 and all transportation services and landfill space required to perform and complete the collection and disposal of solid waste, refuse, yard waste and recyclables, all in strict accordance with this Agreement. Any contracts between the Contractor and 'businesses, commercial operations,multi- family buildings in excess of five (S) units, institutions,school,and units of govermneent or agen- cies thereof, shall include a provision that such contract shall not interfere with the terms and conditions set forth under this Agreement. The.Contractor shall be solely responsible for all collection and transportation,costs in- curred to deliver solid waste to a disposal site or transfer station and shall be responsible for the payment of all tipping fees incurred. '+. 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,or, 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 pem7its issued by the City. Except where noted, all pricing contained herein shall.be for the first year oCthe contract. An- nual rate increases for subsequent years shall be limited to the Consumer Price Index for Chi- cago-Gary-Kenoslia beginning in November 2003. S. CON""KkCT TERM The term of ine Acreeinent shall be eight (8) years; and shall become effective on the I st day of November 2002, and shall remain in full Corce and effect through the 3I st day of October 201.0. . 7 6. DAMAGE TO PROPERTY The Contractor shall take all accessary precautions to protect public and private property during the performance of this Agreement. m 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 o.r replaced,at no charge to the ptop�rty owner, as soon : as practicable with property of the same or eouit-alent value at the time of the damage. If the Contracto- fails to repair or replace damage d property within a.reasonabie 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. i. COMPLIAI�rCE WITH API'ITC.ABLE LAWS, ORDNANCES Al D REGTJ TIONS The Contractor shall comply with all applicable federal, state, and local laws,ordinances, rules and regulations, currei;tly in effect or amended from time to.time, governing the collection, i disposal and processing of solid waste in the performance of this Agreement and during the terns hereof. S. T AXES, LICBNS>S;PERA/IITS ANT CER T IFICATES The Contractor shall pay all sales,use, Droperty, income and other taxes Chat may be law- I roily assessed against the City or the Contractor :n connection with the Contractor's facilities and the performance of this Agreement.. 8 . The City is exempt from paying Federal Excise Tax, State and Local Retailers' Occupa- tion Tax, State and Local Service Occupation Tax, Use Tax and Service.Use Tax. At its sole expense, the Contractor shall secure all necessary permits, licenses and certifi- cates of authority required to perform the services which are the subiect of this Agreement,and shall comply with all requirements of such permits, Iieenses and certificates of authority. The Contractor shall keep and maintain all such licenses, permits and certificates of au- tnorify in full force and effect throughout the teryn of this Agreement. 9, CERCLA INDEMNIFICATION The Contractor shall,to the maximum extent permitted by law, indemnify, defend and hold harmless the City, its ofncials, officefs, employees, agents and attorneys from and against any and all liability, including, without Iimitation, costs of response, removal,remediation,in- vestigation, property damage, personal injury, damage to natural resources, health assessments, health settlements, attorneys' fees, and other related transaction costs ansing under the Compre- hensive Envirotimental 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 appii.eable statutes,' r egulatioris., ordinances and under corm-non law, for any release or threatened release of the waste riaterial collected by the Contractor, both before and after its disposal. . 10.- ASSIGNMENT Prior to the beginning of work, the Contractor shall notifv the City in writing.of tiie names of the sub-contractors proposed for the principal parts of the worst, and shall not employ any sub-contractor that the City objects to as incompetent o,unfit. The Contractor shall not as- i sign or subcontract this contract or the work hereunder, without prior written.. consent of the City. however,the Contractor may perform its obligations hereunder through its subsidiaries or divi- sions. The Contractor agrees not to assign or encumber monies due or to become due io 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 responsibie for the control and pay meat of its etnployees. The Contractor agrees to comply with all ordinances and laws, includinn . . but not limited to tiaose concerning equal opportunity in employment. The Contractor shall comply with all state and federal laws and regulations regarding Worker's Compensation and . Unemployment Insurance contributions. 12. BUSINESS OFFICE The Contractor shall establish and maintain an office with local or toll free numbers through which Contractor can be contacted, complaints car,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,Mi.to 5:00 P.M.,Monday through Friday, except during iistec 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. AddirionaL+y,.the City shall be provided v6th a telephone number of a Con- tractor's reoresentative with the authority to commit resources in an emergency or unusual c* cumstance, 2=hours a day, seven days a weep,. Is. DATA COLLECTION The Contractor shall collect and maintain accurate data, records and receipts,and shall . report to the City pertinent data, including but not hi sited tc: ,J ■ Total tons of refuse collected per day from all curbside stops, - a Total tons ofrefuse collected from multi-family dumpster stops& City buildings(sepa- rately listed)per month. ° Total cubic yardage or tons of landscape waste collected per day. (Monthly for City buildings.) Total tons of recyclables collected per day from all curbside stops. Total tons of recyclables collected from multi-family dumpster stops &City buildings (separately Iisted) per month. ■- Total number & weight of white goods collected per day. Total number of tires collected per day. Total number of disposal stickers sold per month.at each retail outlet(where.applicable). Total cubic yards or tons of solid waste collected per conunuiuty clear-up or special event. Total tons of street sweepings disposed of per month. ■ Additional statistical information as :nay be reasonably requested by the City. The data shall be included xith the monthly invoice and shall be provided in a formal ac- ceptable to'ihe City. The Contractor shah conduct aua�ierly surveys of each daily curbside col- lection area to deterrnine SetOUt rates and pa.-ticipation in the solid waste programs. The results of these surveys shall be reported to th_ City by the 15th day of the month fohowinv the end of each quarter. 1.4. PUBLIC FDUCATION The Contractor shall develop and implement a comprehensive public awareness program- The Contractor agrees that it is responsible for the cost of the education material and for their distribution. This public awareness program shall include,but not be Iimited to the publication and mailing of a bilir-eual (English &Spanish)brochure with information about the City's Solid Waste&Recvcling 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 1n1- portance of recycling and Aiaste reduction. All Public education mpterial must be approved by the City_P- o:to printing &disLnbu- tion. The City reserves the right to edit all public education material for content. All costs asso- Mated with producing and distributing the public education materials will be the responsibility of the Contractor. The Contractor will be allowed to utilize the City's U.S.postal pernit for mass mailings. However, the Contractor will be responsible for paying all associated postage fees.. The Contractor agrees to.prov de 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- gilested by the City. 15. COMPENSATION FROM THE PROPERTY OWNER OR TENANT The Contractor shall negotiate directly.W.Li the property owner or tenant of the premises for any solid waste collection and disposal service in excess of the base levei scrvice provided under this Agreement. The property owner or tenant shall be solely liable for said cost. 16., TITLE TO WASTES All solid waste collected shah belong to the Contractor as soon as the same is placed in the Contractor's vehicle. IT DISPOSAL All solid waste collected shall be removed froth 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 couniy laws or regulations. Prior to the commence- ment of this contract, the Contactor 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 writihg of any changes in Disposal Sites used within thirty days of the proposed change. The City reserves and has the right and option to designate specific Disposal Sites,'in- cluding but not limited to solid waste transfer stations, to be utilized by the Contractor for the processing or disposition of the solid waste coliected by the Contractor pursuant to this Agree- ment. in the event the City designates a specific Disposal Site to be utilized by the Contractor such designation shall be in writing. In the event the City designates a specific Disposal Site to be utilized by the Contractor, the Contractor shall commence utilizing such Disposal Site for the processing and disposi*.ion of solid waste collected by the Contractor pursuant to this AgTeenent -within hirty (30)days of such designation by the City. In the event the City designates a spe- tint DISDbsal Site such designated Disposal Site shall be Iocated within the corporate limits of the Citv of Elgin. In the evert the City designates a specific Disposal Site pursuant to this sec- tion, payments due from the City to the Contractor pursuant to this Agreement_W1*It be adjusted, up or down, based upon the actual change in disposal costs. Changes in disposal costs will be calculated based upon the Contractor's acrial per ton costs for disposal at the disposal site being used by the Contractor for the processing or disposition of solid waste collected by the Contrac- tor pursuant to this Agreement as compared to the per ton at,e that the Coniractor would be. charged to process or dispose of solid waste collected.by the Contractor pursuant to this Agree- i i . meni at the Disposal Site designated by the City. The parties shall determine on.a quarterly basis any additional disposal costs incurred or disposai 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 additiona! disposal costs in utilizing a Disposal Site des- . ig,nated by the City,.the next payment due from the City to the Contractor for the services pro- vided by the Contractor pursuant to ttis Agreement will be increased in the ariount of such add ftional 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 Post savings in utilizing a Disposal Site designated by the City,the next oaymcnt 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 Con- 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 tbc,City. In the,.event the Ciky designates a specific Disposal Site to be utilized by the Conr-nctor, and such Disposal Site is not owned, controlled or operated by the Contractor.or an affiliated company of the Contractor,it is agreed that Cne provisions ofAiticle 2, Section 9 entitled"CERCLA R,�DEMNTTICATIO?`"shall not apply to tie solid waste processed and disposed of by the Contractor at such a Disposal Site des ignated h}'the City:.Thy. City 1,as the right and may at ally tine rescind.any previous designation of specific Disposal Sites to he utilized by the Contractor..In°uie event the City rescinds the des - of of a Disposal Site to be utilized by the Contractor such rescissier. shall be in writing. i,t the event the City rescinds the designation of a Disposal Site to be utilized by the Contractor, the provisions regarding adjustment of payments to the Contractor and the non-applicability of Arti- cle 2, Section 9 entitled "CERCLA INDEMNIFICATION"as provided in this Section 17 shall no longer apply to such previously designated Disposal Site. 18. GUARANTEE OF RECYCLING & COMPOSUNG . 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 carrpostea or processed in accor- dance with all applicable laws and ordinances. The Contractor shall actively work to expand the types of items accepted in the recycling program throughout the term of this Agreement. 19. RECYCLING DROP-OFF CENTER The Contractor shall provide, at no additional cost;a drop-off recycling center at a loca tion.acceptable to the City located within sil.miles of the City Limits. This drop-off location shall accept all of the recyclable items collected in the curbside program, plus used motor oil. The drop-off recycling center shall be open no less than three week days and every Saturday. Staffing of the drop-or recycling center shall be at the discretion of the Contractor. 2G. SCHEDULE AND TIME OF COLLECTIONS The City of Elgin is divided into fivt collection areas for each day of the week as- set forth in Exhibit 3 attached ''hereto and made a part hereof. Collections of solid waste shall be made in the five collection areas.by the Contractor according to the schedule provided for iit Ex- 15 AN habit 3. Coll. Lions 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 sball 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 pubiic 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 n°wspaper fifteen days prior to me schedule 1 change. Failure of the Contractor to maintain said co 11ectibn schedule will be considered a breach and default of the contract a_nd grounds for immediate termi:Zation of the contract_ Upon request,the Contractor shad provide the City with tlu ece(3)copies of the daily rout- in- schedule showing the approximate time the properties on eacfi street are to receive collection services. 21. SCHEDULE ADHERENCE J If at any time during the course of this contract.the Contractor shall collect any section of the City on a clay other than the scheduled day,the Contractor shall notify the City that Contrac- : for is in violation of this Agreement. if a similar violation si�ould occur once more within the three week period following the week of the original violation, the Cite will notify the Contractor by certified mail and withhold any ftuther payment due under the Agreement until the Coi:t actor has furnished evidence satisfactory tc the City's Solid Vilaste Coordinator that the Contractor has taker. necessary precautions to prevent further violations. Delays that are occasioned by hoii- 1 C; ' days, or by daily precipitation of one inch or more of rain,or six inches or more of snow, may not be considered as violations of this Agreement. The City's Solid Waste Coordinator shall be the sole judge of whether or not delays constitute a violation of this Agreement. 22. LOCAL IMPROVEMENTS The City of Elgin reserves the right to construct any imiprovement or to permit any con- struction in any street, which may have the effect of preventing the Contractor from traveling the Contractor's accustomed collectior. route(s) for a period of time. The Contractor, however;by an acceptable method, shall be required to collect the solid waste to the same extent as though no interference existed upon the streets formerly traversed. This shall be done without extra cost to the City of Elgin. The City will make every e Sort to provide the Contractor with advance notice of planned improvement projects that;nay affect solid waste collection services. 23. EMERGENCIES The Contactor agrees that should any emergency arise by reason of stone, tornadoes; or the like, which require additional hauling equipment by the City, the Contractor's equipment shall be placed at the City's disposal upon request for such temporary usc, provided that upon such use the City shall pay the operating cost of such equipment and labor as it is used. The City reserves the right to direct which disposal sites are to be used during an. emergency. 24. ACCIDENT PREVENTION Precaution shall be exercised at all tines for the protection of persons(including employ- ees) and property. The safety provisions of all applicable laws and building and construction codes snail be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident.Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions 7 are not in contravention of applicable law. The Contractor shall.immediately noti fy 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 OP PICK-U`P . The Contractor is responsible for pubiic curbside pick-up of all residential locations, or properly waivered residential private street locations, as well as designated City buildings,part special events: community service and public niter container locations. Curbside households are. i. 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. i 26. PLACEMENT OF CONTAINERS Tne Contractor shall return all containers at each service location to the.treebank area of z the property,or from where they were collected. At no timic shall containers be left in driveways i 1 or in traveled roadways. Containers will be placed, not thrown, and shalt 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 workn;an'i:{e 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 1-0m its careless har_dl: of any container. All containers t f- hat Suc-damage caused by the Contractor shaI1_ be replaced by the Contractor at no extra charge to the owner of the container. Thereafter, the replacement contain- . I� ers so supplied shall 'belong to the owner of the damaged container. Containers shall be deemed to include, but are not limited to, Lie carts ref rmd to in Article 3, Section 11. 28. HOLIDAYS Collections normally falling on the following holidays -may be rescheduled for the first working day following the legal holiday,or on Saturday, as necessary, for the week only: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day At the request of the City, the Contractor may also be required to provide collection ser- vices ors Sunday's and/or holidays from.certain City-owned facilities,parks;special events and public litter containers. 29. COLLECTION FROM CITY-OW-INIED FACILITIES AND PARKS At no additional cost,the.Contractor shall collect, transport, and dispose of all solid waste from City-owned facilities and parks as set forth in Exhibit 4. The Contractor shall fun,ish, at no additional cost to t"tie City, at each municipal facility or park served,dumpsters and/or wheeled carts as specified in Exhibit 4. All containers fur- nished by the Contractor shall be equipped with non-removable hinged covers or lids. The City's Solid Waste Coordinator intIsi approve any schedule changes in advance. 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 Or PUBLIC WASTE RECEPTACLES At no additional cost, the Contractor shall collect,transport,and dispose ofall 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 fut"nished 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 51.00 annually per household stop covered un- der this contract, a rranimurn of 525,000 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 throusYrout the term of m this Agreeent and shall be based on the total nun; ben afhousehold stops invoiced for that montr. The City reserves and has iheriglt to riiodify the type of Household Hazardous Waste Progra;n provided to residents. 32. COMI-!`U IITY CLEAN-UPS The-Contractor shall provide, at no additional cost, collection ?-rd disposal of solid w rite 1 collected as part of the City's Adopt-A-'.r3ighway Program_, Community Re titution Program and neighborhood clean-ups. 0 } 33. COLLECTION VEHICLES All vehicles used for collection purposes, except those specifically exempted by other provisions of these specifications, shall have fully enclosed bodies With self-contained mecha- nisms to compress the material collected. Vehicles shall be labeled with a vehicle identification number,the fnn's name; address; and telephone number visible on both sides_ All vehicles shall be kept =�atertiQht. Drain piu4s, 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 fist, and shall be clean al the start of each collection day. No vehicle shall be operated on the City's street that Ieaks any fluids from the engine or compacting mechanism. hi the event that any vehicle is not properly operable, a substitute vehicle shall_ immediately be provided that complies with the terms herein: A11 vehicles used by the Contractor in the performance of this Agreement shall be maintained and operated in compliance with all applicable requirements.of law. Prior to the commencement of this Agreement, the Contractor shall furnish the City with a complete"last of the vehicles to be used in sen�icing this Agreerirert,The City reserves the rigIZi:- to request descriptive literature or specification sheets for each type of vellicle listed, as it deems necessary. Upon request of the City;the Contractor shall demonstrate that the collection equip- ment is suitable for the materials to be collected. The Contractor shall notify the City if there is any change in the number or type of vehicles being used. The City must approve all changes. 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 Contactor shall agree to prohibit any drinking of alcoholic beverages by its drivers and crewmembers while on duty or in the course ofperforming their duties under this Agree- ment. The Contractor's employees will be attired, at all times, in a professimaI-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 nor meet the criteria set forth in this Agree- 7ment shall not be collected. The Contractor will be responsible for notiryina residents of any and all reasons why the materials were not collected. This will be done through the its-,of an adhe sive"leave-behind tag"that cdill be placed on the resident'siatetials, Taas shall have a gooa pressure sensitive adhesive that will adhere to the"disposal unit" in all weather conditions.The sh'"leave-behind tag"shall be biiinEUal (English & Sparuj and include the Contractor's name and . telephoirie number.The"tag" shall clearly explairi the reason(s) services were not provided and what actions, if any, can be taken by the resident in the future to c-nsure proper collection of rna- aerials. Such notices are to be written, designed arid 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 Go111lllencement of this Agreement. The Contractor shall also keep an accurate daily record of propel ty addresses where ul:- acceptable items are left behind, along with a description of the items or problem. This informa- tion shall be fared to the City's Solid Waste Coordinator at the conclusion, of each nick-up day. 36. CITIZEN COMPLALN'T RESOLUTION The Contractor shall promptly investigate and courteously resolve all complaints of missed pick-ups and other service deficiencies v✓ithin twenty-four(24)hours after a complaint or notification is received. In the event this occurs on a Friday,the complaint shall be serviced by the end of the.day on Saturday. If the complaint or notification is received on a day preceding a holiday the.complaint shall be serviced on the next working day. The Contractor and the.City agree to jointly establish reasonable administrative regulations for the investigation and resolu- tion of alleged missed pick-ups. In the event of valid complaints for other incidents,including, but not limited to materials dropped during collection, and the like that are not cleaned up by the Contractor, the Contractor shall promptly arrange for clean-up within twenty-fors(24)hours after a complaint or notifca-. lion is received. The Conttactor shall maintain a daily log of complaints received using an agreed upon --form. A spy of these complaints and their resolution shall be provided.to the City upon request. 37. LIQUIDATED DAMAGES The City shall have the right and the discretion to assess liquidated damages against the Contractor for service deficiencies by the Contractor, including,but not limited to, for the fol- IOwing: ■ Failure to collect missed pick-ups within 24 hours of notification. ■ :Non-completion of routes as scheduled. Inappropriate behavior as z.service representative of the City. ■ Failure to clean-up blown, broken or spilled material as specified on the collection route. ■ Excessive level of missed collections or other customer.complaints. Lack of courtesy and responsiveness to citizens. • Failure to adhere to any other aspects of the contract Agreement. The City may deduct from payments due or to become due to the Contractor an assessment in the amount of not less than 5100, 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 brsaches any terra of this Agreement, such violation or i 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 Agi eement 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 circums ances offered by the Contractor, and shall determine, whether any such extenuating.circunnstances excuse the Contractors failure to perform as re- q u ed. i If in the City's sole 'udgnsent, sufficient extenuating circumstances have not been dem- onstrated,then the City shall serve notice to the Contracto, stating that the Contractor will be in substantial default if the Contractor does not take actior, to re-establish the schedule within twenty-four(24) hours of said notice. Vat the end of suet; twenty-four(24) hour period, the Contractor has not reestablished service in accordance with aCity-approved schedule, the City shall take whatever action is ntc- essary to furnish solid waste collection services required by this Agreement. 1 24 The Contractor shall fully reimburse the City for any expellses incurred to provide substi- tuted solid waste collection services from the date of the notice of default. If the Contractor,fails to provide.any service required under this Agreement, the City - shall pay the Contractor only for services provided. In the event of a default under this Article 2,, Section 34, the City sisall have the right, but not the obligation, to terminate this Agreement: 39. 2. 4ENDMENT The final contract may be modified or amended only by a written Agreement executed by the parties or their authorized representatives. 40. INTENTIONALLY OMITTED 41. RIGHT TO REQUIRE PERFORMANCE The City's failure at any time to require perfonnance by the Contractor o;any ofthe specifications in this Agreement shall in no way affect the right of the City thereafter to enforce same. No waiver by the City of any breach of specifications in this Agreement shall be taken or held to be a waiver of any succeeding breach of stich specifications in this Agreement, nor shall such a waiver of sin-le breach be taken or held to be a waiver of any specification itself. 42. SEVERAEILITY The terns of this Agreement shali be considered to be severable. In the event that anv of the terms of this Agreement shall be deeded to be void or otherwise unenforceable fo airy rea- son,the remainder of the Agreement shall rensain in full force and effect. 43. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties, their successors and assi-ns. 25 44. ENTIRETY This Agreement,and any exhibits attached hereto; contains the entire agreement between the parties as to the matters contained herein. Any oral representations or modifications concern- ing this agreement shalt be of no force and effect. 45. INSURANCE At the Contractor's expense, the Contractor shallsecure and maintain in effect through- out the duration of this Agreement, insurance of The following binds and limits to cover all ioca- tions of the Contractor's operations. The Contractor shall fu 's Certificates of Insurance to the City before starting or withip_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 havin ting g a ra of not less than A-IX, according to the later: edition of the AM. Best Company; and shall include a provision preventing cancellation of the insurance.poliey unless flirty(30) bays prior vrritten notice is given to.the City. If recu�sted,the Contractor will i :fie the City,'copy of the insurance policies. The poii- cues mut be delivered to the City within two weeks of the request. The Limits of liability for the insurance.required sl,ail provide coverage for no: Less than. the foliowiTtg amount, or greater where required by law. (1) Worker's Compensation Insurance- Statutory amount. (2) General Liability Insurance: (a) Personal injury with li- its Of not less than.S1;000,000 per occur rericeIS2,000,000 aggt eagle ('U) property damage with limits of not less than 51,000,000 per occur- rence/aggregate. (c} Bodily injury with limits not less than SI,000,000 per Occur- rence/S2.000.000 aggregate. (3) Auto Liability Insurance: (a) Bodily injury with limits not less than$500;000 per occurrenceiSl,00,000 aggregate. (b) Property damage with limits not less than$500,000 per occurrence (4) Umbrella excess of$5,000;000 each occurrence, $5,000,000 aggregate The Contractor shall include the City as an additional named insured on the General L- ability, Auto Liability and Umbrella Excess Insurance-Policies. The General Liability,Auto Li- ability and Umbrella Excess insurance Policies shalt be written in occurrence form. This insur- ance shall apply as primarily insurance with respect to any other insurance or self-insurance pro- grams afforded to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternativel}T, if the insurance states that it is ex- cess or prorated it shall be endorsed to be primary with respect to the City. All insurance premi- ums shall be paid without cost to the City. The certificates of insurance to be provided to the City dial[ also include the contractual obligations assumed by the Contractor under Article 2, Section 46, entitled "Indemnification and Hold Harmless". 4u. INDEMNIFICATION AND HOLD HARMLESS To the fullest extent pemillted by law, Contractor agrees to and shall indemnify, defend and held harmless the City, its officias, officers, employees,boards and commissions from and against any and all claims,suits,judgments, costs; expenses,artorney's fees, darnages or other relief arising out of or resulting from or through or alleged to arise out of or resulting from any 27 willful misconduct or any reckless or negligent acts or omissions of Contractor's officers, em- ployees, agents or subcontractors in the performance of the services to be.performed pursuant to 4 this Agreement; including;but no'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, ofcers, employees, agents, . boards m commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel ofthe 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 beI n tiro and , shall be railed by First Class Mail;postage l�-cpaid,address tl as follows:. A;.to City: John Loete, P E. Director of Public Works City of Elgin 150 Dexter Court Elgin,Illinois 60120-5555 As to Contractor: Tom Kieczewski 1Junicipal Marketing Manager ! �.%rife Management of Illinois,Inc. 7 N 904 Route 25 Elgin, IL 60?20 i ARTICLE 3—MODIFIED VOLUME BASED PROGRAM 1. IN GENERAL Contractor shall provide the services described in this Agreement on a "modified volume basis"as defined in Article 2, Section 2(m)herein, and in this Article 3. 2. REFUSE Each eliei'oie household stop shall receive 64 gallons of weekly refuse collection service by the Contractor as described herein below. (a) Curbside Households: Each dwelling unit within a curbside household will be provnded vrith a 64-gallon wheeled refuse cart under the terms of Article 3, Section 1 l to correspond with the base level - service provided by the City.Residents shall have the option of substituting a 35-gallon cart at no additional cost to the City or resident. Residents shall also have the option to upgrade to a 96- gallon cart for a monthly fee. The monthly fee for the larger cart shall follow the same volume- based pricing specified herein based on the following fo;*_r!ula: 96-Galion Cart Upgrade: The Rate for One (1)Disposal Sticker x 4.33 The Contractor shall invoice the resident directly for the cost of these iarger carts. ; These additional carts shall rl-mGir the property of the Contractor. The Contractor shall provide and make available additional carts to residents upon re- quest for a fee. The monthly fee far this service Will be the cost of the additional voiurne of waste to be disposed of figured as follows: 35-Ga lon Curt: The Rate for One (1) Disposal Sticker x 4.33 64-Gallon Cart: The lute for Two (2) Disposal Stickers x 4.33 96-Galion Cart: The Rate for T wo (3; Disposal Sticke=rs x 433 The Contractor shall-invoicc the resident directly for.the.eost 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 in.List be placed in the cart(s)provided. In the event of garbage or refuse in excess of the ca:t(s) provided, residents will be required to place a pre-paid disposal sticker on each disposal unit of refuse in excess of the provided carts) for collection by the Contractor. Residents who opt to downgrade to a 3'5 gallon refuse car, shall be allowed to place one additional disposal unit of refuse,vard waste;household construction or de.rnolition debris,.or non-white good bulk item out for collection each week by the Contractor without a sticker. The Contractor will also make pre- . Drinted 16-gallon plastic refuse bags available for one-half the price of a pre-paid disposal sticker,plus the cost of the olastic.bag-itself,which at no time during the term of this Agi'eeinent shall exceed twenty-eve 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 Durn-pster Stops: The Contractor shall provide niulti-family stops serviced by_c urnpsters with a 6L=gallon base-level service, based on the number of households at each coittplex. The formula used to establish the base level refuse service for multi-fancily dumpster stops will be based oil 205 Qal- Ions= 1 cubic yard. The Contractor shall receive payi lent from the City for the base lovzl o? service t?rovioedto each multi-family caniplcx based on the nu3r,ber of household units served. Example: 5a (number ofhousehoid units) x 64 Qailors (base level of sei-v ice per umitl_ 3,455 gallons or 16.8 cubic yards of service eer week =Pose Level Service 1 The Contractor shall provide a sufficient number of dumpsters serviced at specific collec- lion intervals in order to meet the established base service level. Each condominium/townhome association will be responsible for disposal costs in excess of the base level.service provided by the City. These additional fees will be billed at a rate of S5.37 per cubic yard. The Contractor shall be responsible for billing each condomin- iumltownhome association directly for any excess disposal costs. Residents shall be responsible for affixing a prepaid appliance sticker on all white goods placed out for collection. Residents shall also be responsible for affixing a prepaid disposal sticker an all tires placed out for collec- tion and on any bulk items and household construction debris that can not fit inside of the dump- ster. 3. RECYCLNC The Contractor shall provide all eiig ble households with unlimited collection of all recy- clables. Pre-paid stickers will not be required for properly prepared recyclables. (a) Curbside Households: The Contractor shall urovide weekly curbside collection of all recyclable materials to all eligible households. The Contractor shall collect household recyclables in wheeled carts as - specified in Article 3, Section 11 lierein. Excess materials may be placed in recycling bills, 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 sauare placed adjacent to designated recycling carts/containers. . . . . . .... .. . ... (b) r,fulti-Family Dumpster Slops: 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- iumltownhome complex. All service schedules are subject to the approval of the City. 4. BULK 1 T E'_v1S The Contractor shall provide weekly collection of properly prepared large household itenls, household constnactior) debris and tires, as defined herein, front all eligible households. Residents shall be required.to affix a pre-paid disposal sticker on each disposal unit for collet- lion Residents shall be allowed to place unlimited amounts of properly prepared disposal ututs S . at the curb for collection by the Contractor wits? a pre-paid disposal sticker attached to each unit. S WHIT-E GOODS . The Contractor shall provide weekly collection of properly prepared white goods, as de- fused herein, from all 'eligible hous°holds. Residents shall be required to a fix a Ar°-pad aPPI'- ante sticker on each white good placed out for disposal. Residents shall be allovxtd to place unlimited aiT101I^ts of properly prepared white goods at the curb for collection by the Col?' actor with a pre-paid appliance stick°r attached to each unit. 6. YAFD WASTE The Contractor shall provide ajeeldy yard waste collection service to all single-family curbside households from April l st through Igo'.ember 30`", inclusive_ During the month of April(April 1"t1?rough.Apri) 30`",inclusive}, the Contractor shall i provide.alisingle-family curbside households with unstickere n.d yard waste collection. 'ce (the j "Spring Yard Waste Co`:lec6on"). Residents shall be required to place yard waste at the curb to j I paQer.yard waste bags for collection and may tie brush and branches into bundles measuring no longer than five(S) feet in length and two(2)feet in diameter during the Spring Yard-Waste Col- lection. The Contractor shall collect and dispose of all yard waste during the Spring Yard Waste Collection on the regularly scheduled collection day for each single-family curbside household as desiariated in Exhibit 3 to this Agreement. From May 151 through November 30"', inclusive, the Contractor shall provide weekly, unlimited collection of bundled brush to.all eligible households as part of the established base level service. Al, other yard waste disposal units, with the exception of the Spring Yard Waste Collection described in this section and the Fall Leaf Collection described in-Arficle33, Section 7, shall require a pre-paid disposal sticker-for collection.Residents shall be allowed to place unhin iced amounts of properly prepared disposal units of yard waste at the cu b for collection by the Contractor with a pr°-paid disposal sticker attached to each unit. 7. FALL LEAF COLLECTION i ne Contractor shall provide the City with up to six(6) thirty(30)-yard roll-off dumpster trucks with drivers.daily to assist with on-street leaf collection during the Fall season. The City shall notify the Contractor of the exact number of:rucks needed for the next day by noon of the preceding day during the Fall Leaf Collection season. The Contractor shall'receive payment for roll-off truck and driver services described in this section through monthly invoice statements to the City based on.the hourly rate provided herein. The Contractor will also b�responsible for providing up to huo (2) thirty (30)-yard roll-off dumpsters daily, as needed, at no additional charge,to dispose of leaves from Bluff City Cemetery. The Contractor shall aiso provi de.all sin6ie-family curbside households wit',.- unstickered leaf collection during a mutually agreed upon'tiine established between the City and the Contra - tor. This tine period will cornmence no later than the 3rd Monday in October and will end No 3 vember 30th. Residents will be required to place naves 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 progranis during the designated time period. S. CHRISTMAS TREE COLLECTION The Contractor will provide collection or Christmas trees from all single-family and multi-family household stops from December 26th through January 15 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 i7.Article 3, Sections i through 9; and for all of the other services and provisions of this Agreement for which a separate price and payment is not specined, according to the follow W.- schedule: (a) Single-Family 511.06/month/household (b) -Multi-Family $ 8.04/month/horrsehold (c) Roll-Oil Truck and Driver 576.65/hour 1'hs City shall pay the Contractor for the Spring Yard Waste Collection services de- scribed in Article 3, Section 6 at the rate of 50.21 per single-family curbside household per month, for a tw6 e-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 A-ticle 2, Sec- tion 17, and the Cite agrees to pay the tipping fees for yard waste collected during the Spring Yard Waste Collection, trio City shall pay the Contractor for the Spring Yard Waste Collection . 4 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 Prom-am,as defined herein, through the use of pre-paid stickers and bags. T'ne total cost for the collection and disposal of said,items shall be included in the pre-paid sticker and bag rates. The types of pie-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 Accourntabilit�, - 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 foma, design,wording and quality of the stickers and refuse bags before their fabri- cation. Pre-paid stickers shall be produced on paper and have an elongated rectangular form with. ininimum dimensions of 7.5 inches in length anal 1.4 inches in width. The front of the sticker shall be of a.bright; non colored background and bear the Contractor's name and phone number and an approved City logo. In addition the front of the sticker shall have the word "address" with a space for residents to write their address if they so desire, and shall also have the date this Ag eement expires listed as an expiration date. The back ofthe sticker shall list instructions for propef use of the stickers as well as other in forration pertinent to the solid waste program. Stickers shall have a good press,- sensitive adhesive that will adhere to the"disposal unit in all weather conditions. The Contractor is responsible for all accounting of stickers. Serial members shall be printed*on each sticker to aid in accounting and deter counterfeiting.fine.City shall not be held liable for any counterfeiting of stickers.that may occur. (c) Disirfbution 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 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 tvehe(12}. The Contractor shall bt oernitied to sell stickers and refuse bags to retaile-s 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 Contactor 3 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 tilled, except in cases where the retailer works on a thirty (30) day billing cycle. The Contractor-shali have the right to cease supplying stickers and refuse bags to any retailer who becomes more than thirty(30) day in arrears in snaking 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 Mist of participating retail outlets on October lst of each year of the Ab Bement. (d) Honoring Ai ll Stickers The Contractor shall agree to honor all pre-paid stickers and refuse bags purchased by residents throughout t1ie ten- 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.Tor t'ris reason stickers and refuse bags shall: be produced without a price printed on them. Should the City select a different hauler at the expiration of this Agreement, the Contrac- tor agrees to refund all customers the full purchase price of any pre-paid disposal stickers re- turned to the Contractor within forty-five(45) days after such Agreement expires. The Contrac- tor will reimburse retailers as appropriate for returned or unsold disposal stickers witt in sixry (60) days from the expiration of the Agreement. (e) Cost The listed stickers and bags shall be sold accardinC to the following schedule: (1) Disposal Sticker 52.04/each 37 (2) Appliance Sticker X25.»/each '(3) Pre-paid Refuse Bag 51.12/each (r') 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 flwe pre-paid sacker 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 2 repo t 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. WjM-E .R1� CARTS (a)Refuse Carts Tne Contractor shall provide one(1)refuse cart for each dwelling unit in every elig ble curbside household.The size of the refuse carts shall be 35, 64 or 96-gallon cars, as detemmLned' by the City. The Contractor or his designee shall invoice the City directly foz the cost of refuse . carts purchased as pail of this Agreement at a rate not to exceed 536.28 per cart for the first vea of this Agreement. This rate shall include all shipping, assembly, distribution; maintenance and warranty as specified herein. .ritual rate increases for subsequent years for refuse carts shall be. limited to the Consumer Price Index for Chicago-Gary-Kenosha beginning m �'gvember 2003. .. ;8 The Contractor shall provide and make available additional cart=_ to residents upon re- quest for a fee. The monthly fee for this service will be the additional volume of waste to be di- nosed of calculated as set forth in Article 3, Section 2(a). The Contractor shall invoice the rest-_ dent directly for the cost of these additional carts. All refuse carts distributed to residents as part of this agreement shall become the City's property, including the remaining warranty, with the exception of additional carts requested by residents with such additional carts remaining the property of the Contractor. All maintenance or replacement of carts shall remain the Contractor's responsibility at the Contractor's cost until.the expiration'of this Agreement. (b) Recycling Carts The Contractor shall provide one(I)-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 deter-ned by the City. Ail recycling carts distributed to residents as part of'tnis contract shall 'become time City's property including the remaining warranty. Any maintenance or r- placement of recycling carts shall re—main the Contractor's responsibility at Contractor's cost un- til the exoiiation 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;maid to the Contractor pursuant to this Agreement. (c.) Cart Design . The wheeled carts shall be desHmed to contain solid waste including garbage;refuse, rubbish, yard clippings, and recyclable materials. The can must be serviceable by both sti-m- �i 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, ful'y assembled, to all current and future curbside households 3 and/or properties covered under this Agreement. The Contractor shall be responsible for ex- changing.or dehyering new carts;upon request. The Contractor shall maintain an adequate sup- ply of carts on hand is 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 ins`suctions(in boot 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 polyethvleneresin used in the construction of the cart and lid shall contain a inini- mum 23%rccYcled plastic(i0°o post-consumer). The body of the dontainer shall be composed- 40 of recyclable high-density polyethylene resin. The body and lid of the container shall 'oe resis- tant to damage by rodents and other pests, The containers when empty, must not overturn when the lid is thrown fully open.The containers must be designed to prevent being turned over by winds up to 40 mph (30 mph for the 35 gal cart). The container body shall be f-ee 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 Mastic 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 constriction, 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 ook must be rnolded into the undersurface of the container lid to accommodate the distribution of information inset?s. Af minimum, there shall be,sufficient space allocated on the outside panel of the con- tainer lid for.the hot stamping of black and while 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 wea-off under normal use. All plastic parts must be specifically prepared to be colorfast so that the plastic material does not alter appreciably during norrial use. Containers will have not less than one half of one percent(.5%) pigments by weight. Each container shall meet the following minimum size specifizations: 41 35 Gallon 64 Galion 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 s ;a ti ix o-reviace carts within two weeks of the reported problem. (h) Warranty The carts and all related parts must be covered by a ter: (1 0) year warranty including de- fects in materials, workinariship, design, repair and maintenance. Any defects or components of i the containers that fail lo perform as originally designed or specined in this Agreement shall be replaced at no charge to the City. The warranty shall include, but not be limited to: Failure of th-,lid to prevent rainwater Irom 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 fuliy functional and continually hold the lid in the wia nally designed and intended positions when either opened or closed. ■ Failure o any metal components to remain free of excessive rust a-ud corrosion,to be deterrnined by the City. Faiiure of any plastic component to be resistant to damage in the event of contact with any common household or residential productichenucals, 42 Failure of any portion of the-bottom. of the container body to remain impervious to wear-through despite repeated contact with, rough and abrasive surfaces. Failure of the container body, lid,hardware,or any component parts-to maintain their original shape. Failure of the wheels to providz 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, 'nand 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 cabs 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 Conti'acto.r's cost until t_he expiration of this Agreen ent_ The special event carts provided under this section shall be subject to.the provi- sions set forth in Ar icle 3, Sections 11(0) 11(f), 11(g) and 1.1(h). (b) Paymem for Services The Contractor shall receive payment for all services described in flus Section through svzgle event invoice statements to the City. These statements will detail the sizes and number of dumpsters delivered, as melt as tre number of portable toilets and 'nand washing units utilized. 43 Rates are as follows: Regular Portable Toilet $74.61/unit Handicapped Accessible Portable Toilet $97.09/unit Hand Washing Unit $97.09/unit Roll-Off Du mpsters:- 20 yd $270.83 30 yd $373.G3 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 true term of this contract.Examples of these events include: the 4th of July Parade, Fine Arts.rest(August) and Fox Trot(May}. In return,the Contractor will be listed as a Silver Snonsor for the desi�mated events. The value of the in-1 ind service will be based on the contract price included herein. 13. STREET SWEEPING DISPOSAL (a) Description of,Ser,�zces The Contractor shall orovide a street sweeping disposal site.located within five(5)miles of the City's corporate limits-where the City ca-t,b r' C>street sweeping material for disposal. Tlus site mt:st be accessible to City equipment. Cb; Payment for Senlices The Contractor shall receive payment for these services through a separate monthly in-. voice to the City. Pay m6nt will be made based on the volume of material brought to thz site by Ci the City for disposal, at a rate of.$42.41/ton. The Contractor shall issue load tickets to each ty vehicle at the time or disposal indicating the date,vehicle number and volume of material dis- Dosed 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- olovees to maintain a nornzal 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 thro ugh curbside . collection and the City will designate if and where any dl psters will be placed. (b) Payment for Senrces The Cit 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 Ln addition to the cost asso- ciated with the normal service already provided for through the general agreement. The Contrac- for will be r--sponsible for providing all necessary data and a separate invoice for the disaster se— vice. 45 i 15. PROPERTY MIAINTENANCE 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 or Services The Contractor shall receive payment for these services through a separate monthly in- voice to the City. Payment vri.11 be. at a-,at-.of S 1 85.40 Der cubic yard of solid waste material re- moved from each site and said rate shall include all equipment and labor costs. The Contractor will he responsible for submitting the appropriate load tickets with mortrly invoices indicating the address, date and time of the clean-up and the number of cubic yards collected from each lo- cation. 16. OPTIONAL ITTILIZATION OF ADDITIONAL SERVICES The City has tae 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 I ; shall provide tine following services at t:e following rates: (a} .annual Spring Cleanup 46 The Contractor shall provide an annual spring cleanup for one (1)week each year. Dur- ing this period, the Contractor shall collect unlirnited-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 farm ly households without a prepaid sticker. The City will vrork with the Contractor to establish reasonable guidelines to limit program abuse. Tit,-specific week of the amival cleanup shall:o: established between the City and the Contrac- tor, The Contractor shall receive payment for such annual spring cleanup services as part of the trtonthly invoice to the City a*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 (rising Roll-Ojj Dumpstets) The Contractor shall provide a sufficient number ofrotl-off duiripsters on anus-needed basis, at locations to be. designated by the City, for the disposal of all street sweepings .generated as part of the City's dally operations. The Contractor shall be responsible for picking up and de- livening containers within twenty-four (24)hours upon request from the City for service. The Contractor shall receive payment for such street sweemrnj service disposal with roll-off dump- sters throirgi: 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 slit for leaves collected by both the Contractor and the City during the fall leaf collection prograrn. The Contractor shall receive payment for the service of providra a fall leaf disposal site as part of the monthly invoice to the City. Pay- ment will be rade based cn the volume of material disposed of at a rate of, 11.24 per cubic yard. The Contractor shall issue load ticiceis to each vehicle at the time-of disposal. 4, 17. MISCELLANEOUS The Contractor shall collect and recycle empty ofd 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 WiTN7ESS WHEREOF, the parties hereto have causer] this Agreement to be executed as of the day and year first set forth above. CITY OF ELGIN WASTE MANAGEMENT OF ILLINOIS; NC. By . a BV �i City`Manager v Attest: Attest: City Clerk. F i EXHIBIT l CITY OF ELGIN CURBSIDE MULTI-FAMILY SERVICE LOCATIONS & COLLECTION SCHEDULES- Corrif les Closest intersection Account No. Service Dav 9 of Units] � r _111Un•y0aks West C'reekside Circle& N. f_vic 101-12087 I'riday 150 t ubn!e,:'.S Crossin -sou llt Rt. 55 & Shady Ulaks Ur. 101-)2086 Mund.'Iv 3Ci obbler's Crossing-North Toastmaster& Co,?gcic;n 10 1.-1602.5 Monday 160 College Green Dr. between Randall & C'ollegc Green S. McLean Blvd. 388 1 0 1-46663 Thursday f Countryfiesd Shales Parkway& Summit St. (it. 58) 101-70567 Monday 22 Fieldstone Rt. 19 Littleton Tr. 101-28IO2 Tuesday 339 Amber Ln; south of Hcpps Rd., off of Fox Ridge. Knotry Pine Dr. 101-29995 Thursday 43 i NE,corner of Randall Rd. &, 'Highland HickonRidge Ave. 101-15696 Friday 52 Highland Springs.._ Highland Ave. & Highland Springs Dr. )01-12333 Friday 106 j Lincolnwood Terrace Presidential Ln. &1-iigl-land Ave. 101-12336 Thursday t6 Millcreek Randalt Rd. &Fletcher Dr. 101-2773 Friday 89 MuIbe'rry Grove U'mbdenstocic£sc Montclair Dr. 101-54656 Thursday 94 Neu:rentott Bode Rd. R Shal_s Parkwa i01 70974 Tuesday 5 Oaks Club Tall Oalcs Dr. & Randall Rd. 101-12335 Tl:utsdav 46 i OakvJood Hills Rt. 19 & Woodview 101-12334 Tt,esday 321 j 4 Park Bluff Willard Ave. &Bode Rd, 1.01-31781 Tuesday 26 Pinc Meadow S. McLean& Bowes Rd, 101-29775 Thursday 68 t 1� cncy l4'oods on do; 17-33 Garden Crescen, 101-5646! l ridgy 17 I North side of W. Highland Ave. Sandy Creek- Manor Homes beilveen Airlite&Lyle r.ve. 101-15698 Fri day 27 Sierra Ricipe Condominiums College Green Dr. &Mesa 101-18718 Thursday 1.13 Spring Cove 1700 W. Highland Avc. 101-15695. Friday 10 North side of Big Timber:just east of Spring Oak` Randall Rd. 10)-1569" Friday 17 StoneC-'ate of ClenEury oaks Big Timber &: iii. Lyle Ave. 101-1 2331 Friday 78 ' i Tyler Bu1 Florin:ond a Big Tin1ber 101-25772 Friday 60 i NE& 1;W corners os Waver y& 1 Waverly Conullons Condos fefferson 101-25776 Monday 7' �d�illianzsburb'i'e,z-ace Vti�. !iighland Ave.. &Governors Ln. 301-15699 Thursda✓ 13 West of Umbdenstock, beiween h`l11ow 1'yC1un 1101-2-6141 t 3owes & liopps Rd. 1'hursclag 143 1 Complex Closest Intersection -Account No. ScMjce..Day . of Units Windniere Cove Condos V ?Nautical Way&South St. 101-28174 Thursday 48 ------ -.,.-1 --- - - Woodbridge Townhomes College Green Dr. &Randall, '—'; 101-12332 Thursday ; 113 Woodland Meadows Bode Rd. &Deer Run 1.n. 101-29994 Tuesday 86 i N. Clifton V ~` 101-54657 Friday ----__... — - 12-N.Douglas Tuesday 101-24719 1 i --- -- i TOTAL 3,151 3/9!2004 2 _ - -- EXHIBIT2 - - I__.._...._. .1... CITY OF ELGIN _..._ ......... .. .. .__....--- .._.__. .._.._._.. _---- ---...._ ....--.... ._.. . _.. CUR13SIDE MULTI-FAMTLY SERVICE LOCATAONS COLLECTION SCHEDULES _._ .. .._. ..... -.._ ..._...�.._.____...._.._._.__. .._._........ -----... . --......_. _.__........ __ _.... . _ i - ['rush Collection ! Recycling Collection Com lex Location Account No. #Units Conta Del's 1 6 Cai. Carts College Park Square - SE South St:-&Randall —_- 101-18102 1 _35 __..._._5_-.2 yd.. I Wed Denver Condos 712 W.Highland I 101-16113 6 1 -2 yd Sat 2 Wed 7-2 yd,4-4 yd, Garden Quarters - NW Wing&Garden Crescent Dr. 101-3379 169 3-6 yd. Tues/Fri 22 ! Wed 1. Lords Park Condos Tcaac e Ct. (south side) _ 101-27394 i 3S 3-2 yd Mon/Thurs ; f 8 Wed 1i_euntrr ton Square I Rt. 58 &Kennett)Circle 101-27399 189 6-8 d 1-6 d Man/Thur Wed _..._..-----_....._......o _.. ._ ........._.............._._.__.�_� .._ i sid..-_. .._ _ Z. ... Wed _. i... s ' North side of Highland,end.ofl-leine 101-27400 16 1-4 yd i Tuas/Fri 2 I Wed Maplewood Condos N _ _.._ _ Park'Twace. !�_._.._.. 764_774 Terrace Ct_ -- _ t01-17338 18 - 2 2 yd Thurs 2 Wed t _. � . Regency South _.. _..-----VNE Randall&South St. 10 t-25742 54 8-2 yd....._. . . . _1'hurs 8 Wed _ ....... __._. . Sdudy Creek.Condos N, side of W,I-ligliland,west of Lyle 101-2.1496 60 5 -2 yd i Tues/Fri 6 _Wed _ Shoe Factory Homes NE Congdon&Dundee 101`28565 27 - 2-2 yd 'Tues/Fri 4 , Wed Stonebriar Condos - NW Highland &N.Ly1e 101-24878 20 3-2 yd 'Tues/Thurs 4 Wed Stonegate of Valley Creek --- -._...._..._......_._.—___ — —_.. __ _ _._.._..............._.__ _... - -------— k NE'l-lighland&Airlite 101-17657 24 4-2 yd —Tues ! 4 Wed Mon/Wed/ .r . Tyler'fower Condos Plymouth 1.11. 101-27396 72 - - 4-2_y __._......_ ._.. Fri 8 -Wed i _... Total, l 725 1 3/9/2004 EXHIBIT 3 CITY OF ELGIN SOLID WASTE COLLECTION SCHEDULE onday1. _ p t R :I 'L. t :� CPY I ''r household units The approximate number o; per area are as 1clYaws: MONDAY 4,897-units TUESDAY 4,142 units WEDNESDAY 3;642 units THURSDAY 5.287 units FRIDAY 4,465 units B)iNJJ31T4 ..__..._...,... ..... .. _. _._. _. _8:___88.8_ .. .. l _ . ..L.. ::.. : C ;... . _88.88.. . .. • .. ... 888_8_._.L_......... .. ......, _ ..,8_888..__-___.... ..- .___....... 8888 ---•-----------888.8. .. .. _ 8888_. ..., .. . ...._....---8888_.._ - .__...._..__8._888_. .._........_._.__....-.. .. .88.88_.. -_.... _ .... ...._..._,.... 8888... . . MUN_CI.P--A-L VF.A.._.C.•-IL_I-TI.-ES ...§i 6, UCA•__ONS OLLECTION-S-8C8~8U-8.E.-_-U 11-L.. 5_ . 88.. 1 _.. . .... ......... ... _. .. ._.._............._. ... 8888 _�_. ..._ 8888. . .., . ... .......... .. .. - _.__..__. .�---•---.-8888 . .__..... ...- - -.....__..... . r . . 8888.___�._-__._.......----8!_____888. _. ..L. 88__88.._._... _. ..__-.____... .............__ 888_8_ ._._... 8888_._,_.•. 8888-.. ._......_....._--____8888.. . Trash Pa er 124eti clln _ Cumotln 1c licr: rth, _ rd 1Yasle I .....C_1.--�'----.&_-..............._ �' .Y.':..._6. .. Yard _8888 i nntaincr Service onlnincrs Scry c anlalners Servlce __..._....1�..aC.e-3! ...Arruuu NuntbeeF... 8`._ .- �..� .S,.,._.,,_....... T CPntainers en ice_.. .._....__.._-.. _. 39 2 2..Yd88_8__8! Iv1on•Fri 2'22:_.....__ ._..hlor✓Wed✓Fri .....1....1-96gnl Ix,vk..._ _,�Nn .. -r1✓a Gt ll^ill_Y 150 DexterCt. 101-388_.... -..___.__._.._.._. _ _._-_&_. L.,._ 918 2.2 yd Mon-Fri 2-2 d t•fonlV✓edlFd 1'u�licR`ks I�' 190011olmcsRd. 101.59_.... .. 8888.. �•��-._r•_.-----........-'----:----)---� ._ ._...:...._ _.-__.,....1 ... -..---...�_ Polinel) c 151Unu lase\vc. � �••-�---101-tA t 1� on •,' I-6 •d 97 I-8 d M /Wcd/f r M N 2-9 I r � 7 .........'_-__---- _.�.._.._._._]_..... 8888. -on/Wed/F_... _.. 6 Pal x wk __.1-6�..._�.MoIJWcdrOfi.. __888_8_._._8888,.°r•-_--888.8.._.-_-._.. -- Hemmtns Cultural Cemcr ��15 Smrhony,R� IU1_3868 L45_d __ �MnnlWed/Fri-� L2 yd MorJlVed/Fri 2.96_gol ix wk ••, __-._, _._ ---_.__ Parks&Rei Ot}tee -„ - 31 S.Grove f 2 yd 2x wk - _ I-2yd - Ix wk t-91 Ix rvk t _,. _._..�. _ ._' ....-- %vut r tdetct shot I __ 2Slade A-- 101-4256 1.2), Thursda I-2 A Thursdo t•96 al lvcdnrsdaY - _^ _! -•.. _ - �_._.... - , ... _- _Y- _ --- -X_. .._. Y._- ._ _ ,..R - - Rlvasidc Trcabnenl Plant 375 W.Rivet Rd. IUI-38b'7 ! I-6 yd...... Thursday _.__.__.1_2):�.._... .-888 8.,. Thursdoy i- 1-96 gni t lnnday - -- _`- _ Water Tlennnent Plaut 1 74 N.Ai0ite __..: _,,._,1011-3875 - 1-2 yd ..._.- 7lmrsday...__8888.t'-96 Sal_8'8 8 8. ...Monday_ ._,.._�.. .1.96 ant Monday .._...__...,......_.....r•.--8 8_88... _ ? _ Fite Station 91 � 550 Summit i 101-3866 1.6 6 _8888 _....._.._.... -_. Monda Y'_ .F. _.-I-_2 .. _.._..o._n•coll-_ --. fire Station#i 550 Summit ! 101_3887 ---._._.._......__. I_ .._......._-.----888_8 . .. Fite Sit tiou k2 Tim lxr..._... .-_.._.,.._._.._. , Fire Station#3 24.5.5 Royal Dlvd IOIA201. i 1.2 yd _..lx wk. ._, 1-96.8x1 _8888 _._._.. .,. _ ... . .. _._ .. Fire Station#4 599 S.McLean 10111199 88.88 t•2):d. __._._.-.__tr wk I-96ga1 llrursday_'- _...----._._._�......_.._...._ __ ... »_.._. . 88.88 - -'- ---- File Slativn it I HU4 villa St. i 101-4200 1-2 yd Ix wk I-9G}lal Tursday'. St.Charles St. •. _ 101 30814.,,., 1.06 Ix wk 1.96 8x1•.,. \4c It aada fnc Darn 91 Sal ys t ... 8 88. r _.. - \t%i, P?rk ,-, 1--hfaimcnauee Har" .i..._.... 101-3911,_..-.( ... ..2'!?Yd. wk _._ _.-..............L----' lying Park Gol(Course bUtTt 1 avil4ion A ballfields i IOb i G6ti3 1-2 yd L_._..-_Ix wk I i. . I-6 ytl 3x wk Ilnwihome Iii Its Park& 'NE3 comer of Randall Rd &i To be set up al a later l i - - IJamre Preserve Foothill date ---88 8 8!._ ......_....--- - IheIilchla;KlsGolfCmrrce1,..._S.64r.1 n,&5r�arinn_y...._.-88___88.._.-_. I 1'8 Y., ..- .._...._.Zxa_k. :.. ._. 8888.._...._.....---8__888.. _ f.. ...1b..�d,8888j 8888..--^-_ on Sp Conylex... 1... S,.Mrinan&Spanan._..! _...101_30A13 .! 2-8)'d. .._...._•1x wk.. ._�.:R_yd .-' -- ----2x wk ... 1-6 Yd �x wk-_ I Trout Palk l-Rt 25 8 Irvut Park Blvd_ .-101-30825 . .I-4 yd Lends Park i G,ond Dh•d/Franllin I 101_3950 i ,-2-S yd 8888_8888 3x wk I6y�d .._..-_.--._._...... _. .----........_._.-y . --------88.88... (I?oeglar Ave.c,cl•.nard .. 3.2.yd 5x wk 2-2 yd 3x wk t 5-96 gal '_.x wk ------._ .. _.._ --- 'I'hc Crnuc I IOO S r,hon lNnv (S> `h-ytvavcnctcamW I-2vd on-call l-2 nl vn--all 8888_...: Y' ._..y.._ ._J-_t_r_...� -....�.._ 8 88 8..__............._88__--- scnrrd bycir). _ --- ('ity$kale Ice Rink I 150 Dealer Ct.tcarL (Scnsnn;{IL 4.96 al ._JL ..- DlurcCityccmcicrY.. i-4.y�.. lx wk --.._1_..1•96.YaI lvednesday, I-4 Yd . 2 wk _ 888.8 •-- } _ Elgin 1 ubl.e alnreu, I ! ! I � � f DIu Main'. 1 360 Park St-Parki�Let... - 101-57790 _.. 196 gnl Ix,,.k - I 1-96p.1 l -- EI •n Public Mns_um 1 225 Gland Ave. 101-56748 1-96 P I _ ,-_ix wk - i-96 I Ix wk - ..Fn. ---.._.l..._.. .-.__.L_ .. ..._..�_._. _ _88_88 r 8888..- An,cricar,Little LzA)Jtrc t fliawatba Sc Summit 101-20041 I• _ 1.4 yd, ,,,,. .. ,,._,2x wk .. -, ,... __,.,,,.-• ___,_.•.,,.....i. I .. _..._ 8888 _ Narirual Little League Iliawatha Zc Summit 101-20042 I 1.4 y�1 i_88_88 2x wk 1. i . ..--.._._.- Classic Little LeMae ..�_...__.. Wing Park__.._..- - - 101-20040 8888._.�. 2.wk. - Cominemal Little _...-L._a.fiue S..S.-tate_.S.t._. ._ i 101.20039. 8888 1-4 yd ... ........ ... 1 i Various Lecatinus Summer Camps I. GnPPrna.1 locations)._8888.°-----_88__88._.._ 5 Io 7-96.F+i1 -8888._.__ 2x wk Seasonal -- 8888_. ........ . RDPF.IIOUSF' I 310 N.Spring Tn he su ue m n IamrAarc ' i. P,UPE 14OUSE' 417 Lovell To k set uy 1 319)2004 .. ............. _....I Trish Paper�RCCytllnf, - Ctnnmfnsle ItrcpcllnG Yard Waste r -........--- ._. .. _ _..__ ._... ....1.... -- .._—_..._.._.. _.. _ — - ' ddres__.. ... Accn12 Nu hSL.._. .�-Q�Ifnlnt�.'b, ... L.—Scr,�i,�tt.......I CnMo{nert _ :e Ice _-._....ComalnerR rvicr. ._ ROM HOUSE _.. _... i ROPE HOUSE" d89 1t emont _-----I— ---- -- RO{'E HOUSE '._......_..__.. 4291ay_._.._.._....�.Tobcsuatamardau I 1.... ..__--_-...,. -- -..... _ _.... .._._.._. ...._.._........ .. .... ..- --- _.. .. I i.. 1 ROI'E14OUSE" 110 N.Union To besaupataburdmq, _.-_.__... Ror HOUSe �A ' 7fi'ihleCl�re ..i r'oteamu abarUne j __............... I ` .:.. _._._.._._..... i 1 . i I i z 7r9izdo� r EXHIBIT 4 .... . .. .E . CITY OF ELGIN j ----- — — MUNICIPAL PARKS SERVICE LOCA'T'IONS & COLLECTION SCHEDULES Park Location Trash Carts Service Day/Freguency Barclav Part: Dundee,North&Center 1 Tuesday Bumidge Woods Park Banks Dr. 1 Friday _. .... --. ...._.__.....-:...__..._._.... .__.._...- ---- . ._._.. . ..--.- ...-__ -- --. _.a_._...... . ._. Central Park _ _ S. State&Standish St_- _ _ 1 j Wednesday :Century Oaks _ _ N. McLean &Forest Ave. Z ; Friday (Clara Howard Fremont St. 1 Tuesday Clifford, Oswego &Frazier,: 1'Clifford-Owasco enter off Mable 1 - ( ) , Friday i ley Drive Park Corley&Longford ' 1 __ Tuesday ' bouglas Ave. _-_ Douelas &Kimball - 1 i Tuesday j +Drake Field ' Hastings Ave. &Lavoie St. ; - 20 i Mon/Friday(June-Nov) rEagle Heights; Deborah &Kimberly 1 ; Friday Elgin Snorts Complex- _-S. McLean&Spartan Dr. @25 Mon/Wed/Fri (seasonal) Frazier&Clifford (access i Frazier Park -^ off of mabel - 1 J Friday DuPa�e/Fulton/Chapel/ Gifford Park Park Row 2 Mori Souster Ave. &Willis St. Grolich Park —i _ Rt. 20 By-Pass _ 2 -1 Mon/Wed/Fri _ Hawthorne Hills :NE corner o Randall Rd_ &'I to be set up at a Park/Nature Preserve Foothill Dr. i later date i E. - ----- --- - - --- - Boa-e/Grand/lhawatha/ --- Lords Park Oakwood Dr. ; several(varies) I ' Mon/Viedi Fri Bode/Grand/ liawatna/ Mon/Wed/Fri Lords Park Pool -,_ Oakwood Dr. _;_---- i i I(lviemorial Day-Labor Day- )T_- 1Memonal Park Villa/Prai ie/Cha el 1 j Tuesday • Millennium Park Coluinbine/College Green - 2 _ i - - Thursday. -- - s ------ - - - ---- - -- Observatory Park- National &St. Charles St. �-_-- 2 --- -, Wednesday _._.._.. .._ ._.. Powder River Path Powder River Path 2 Friday {Randall Ridge Park _ _Dead End of Winchester Dr. I Mon/Fri -- ---- . - --........._.._._L.-_.. III, Park S. State&Ryerson.Ave. 2 Wednesday i 3/912004 . f .•.. . ..... Park Location> 'Trash Carts Service Day/FreauencY...: ... .. .... : ..........'...::,;.. ... 3 effersan/ProspectlP lum/ St. Francts.Park Center 1 Monday SwnmerHill Park Concord &Thoreau 1 Tuesday Dundee/Duncan/Trout Park: @30 (includes Trout Park Blvd. ballneld) Mon/Wed/Fri ;Wing Park Wing St. &Wing Park Blvd_ several (varies) Mon/Wed/Fri Moru'Wed(Fn; (Memorial 11 i ;Wing Park Pool . Wins St. & Wing Park Blvd. ,r@25 Day-Labor Day? Wing St. Par{ ?v. State St. & ` ;n- St. 1 Friday Willow Bay Park Willow Bay&Annandale Dr. 1 Thursday Wright Ave Wright Park Ave. & '.Tamer 1 Wednesday Za , es Park Mulberry Lane - 1 Thursday Mon/W ed/Fr: American Little League Hiawatha& Summit lF (Anrii -October) MonNJed/Fri National Little League Hiawatha& Summit @16— (April _-October) S. State St., behind Sec.of Mon/Wed/Fri iContinental Little L.eaaue State's Office (aa?5 (April -October) _... Mon/wed/Fn Classic "Little League Win-Dark @12 i. (Match-Sept.) Trice oer week �Sumtne;Camps harious-Locations (approx.5) varies (JunC,amps harious-Locations (approx.5) varies (June- August) I 2 318/200, EXHIBIT 5 -------•---- CITY OF ELGIN ---------------_..__..._. . PUBLIC RE.FUSE RECEPTACLES _ SERVICE LOCATIONS & COLLECTION SCHEDULES Downtown Collection Day State St. between Highland and Chicago (7) Mon(Wed/Fri <9 State St.(El Farro's) __ Monl`Ned/Fri. <NE State&Chicago - - __-` -- - Mon/Wed/Fri <NW State&Chicago -�---_-- Mon/Wed/Fri < 10 State St.- - .___-__•--_._.__ -_- Mon/Wed/Fri <NE State&,Highland -----_ _- -- - _-- -----Mon/Wed/Fri--- <SE State&Highland _ -_ Mon/Wed/ ri <SW State&Highland ,- ----------- _ ._.._�- -Mon/Wed/Fri _- ti. Highland Ave.between N. Grove&State St.(1) <NE comer of Riverside Dr_&Fighland -_-----___ _ i Mon/'Ned/Fri _- N._Grove between Highland &Chicam.(6) Mid block(east side) _ - ____ _ Mon/Wed/Fri <Mid block(west side) Mon/Wed/Fri <NW corner of Grove &Higbland - �_ Mon/Wed/Fn'.. _< SW corner of Groove &Highland _ ; Mon/Wed/Fri <SE comer of Grove&Highland - ---___-- _ j Mon/Wed/Fri <NE comer of Grove &Highland -- ---_-- - - --- _—Mon/Wed/Fri _ S Grove between Chicago &Prairie W) -- --- --- --- --- <Fountain Sq. Plaia(SW corner of Grove&Chicago) (3) _-- _ _Monj'Wed/Fri- - 3<38 S. Grove -------- -- - --- - MonflWed/Fri <42 S. Grove Mon/Wed/Fri 1_....__.._ - ---------------..-.-----.--------- 1vIonIW ed/Pri <32 S. Grove -._ i. --<East intersection!of DuPage Ct& S.Grove(by Fountain) - MIWWed/Fri '<Ln front of Crocker Theatre(SV'corner of Felton& Grovc) Mon/Wedffri < 125 U2 S Groves Mon/Wed/Fn , 3r9-i2b04 <Crocker Theatre Parking Lot-at Prairie&Riverside Dr. (2) i Mon/WedlFri --------- — — ---- -- i 4. ----- Chicaeo St.between Douglas &Soring(2)- < 101-E. Chicago (Union Bank) Mon/Wed/Fri < 169 E. Chicago Mon/WedlFri Highland between Doualas& Grove (2) < 113 Highland Mon/Wed/Fri Across from 113 Highland Mon/Wed/Fri Highland between_Spring&:Douglas (1) � < 166 Highland--- ------_-._ ' Mon/Wedrri Douglas between Highland& Chicago (6) < 1.1 Douglas Ave. ---- -- — -- - Mon/Wed/Fri < 14 Douglas Ave. Mon/Wedrr <SE corner of Highland &Douglas I Mon(Wedrr <NEE comer of Highland&Douglas - --— ---- i Mon/Wed/Fr <SW comer of Highland&Douglas- ; . Mon./WedFri <N`W. comer of Highland &Douglas ( MowVed,Fr_ Highland between Villa&Soring(3) <NW corner of Highland 8;Villa Mon/Wed1r"ri <216 Highland (1st United Methodist Church) i Mon/Wed/Fri <Mid block(south side) MonlWed/Fn Spring-between Highland& Chicago (61 ' < 16 N. Spring Mon/Wed/Fri <NE corner of Spring & Chicago Mcn/WediFri i <SE comer of SDP-rig& Chicago _------ _—i-- MonlWedrd — <SE corner of Spring &Highland Moo/Wed/Fri <NE corner of Spring&Highland l Mon/Wed/Fri <NW corner of Spring&Highland _-- --_ j — MonlWedTn �. --- -- ---.__---- — � ,iii Former Lib.ary Complex(4) �<SW corner ofN.Grove&SymDi:onv Way(libra.ry entrance) MonlWe(i"Fri 2 3191200; <Library Parking Lot center aisle(3) Mon./Wed/Fr' - , City HalUCiyic Center Plaza COMDlex (l 0) <City Hall entrance (150 Dexter CL.) MorvWed/Fri 1 <SW comer of City Hall & Civic Center Partiing Lot Mo-t/Wed/Fri KCivic Center Parking Lot- center aisle walkway(4) Mon/Wed/Fn } Villa between Chicaao &Fulton (3) I <parking lot at Villa& fultoit (center aisle) MonMTedlFri <SE corner of Chicago & Villa ,N4orjWcd/ . . <SW corner of Chicaao &Villa (225 E. Chicaao) Mon/Wed/Fri Geneva between Highland&'Chicago (3) — <North &-south parking at the intersection of Highland &Geneva(3) Mon/We-d/Fri East Side Collection Dav SW corner of Arm & Center Tuesday f N-corner of Geneva & E_Chicago ---- - - - -------- --------Tuesday --- —_ iSW comer of Gifford &Hickory ! Tuesday 58 S_Geneva-parking lot across the street - . Tuesda i SW comer of Gifford &DuPage Ct. Tuesday NW.comer 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 WE comer of Channing &Laurel Tuesday .... ... _.-.... .._-_-._..__-.._..-.__-__- .._--_...._-_------ ._.....__ West Side Collection Day I'N'FE corner of McLean & Vain Thursday -. a Lilac &MtTlberry Ln. (east side of street by vacant lot') Thursday SE corner of Highland &Jackson Thursday ISW comer of W. Highland & Ly�ich Thursday �SW comer of S. Jackson &South S . Thursday INE comer of S. .;ackson &Locust Thursday 3 3j 91/2004 NW corner of S. State&Locust Thursday _ ._.. -._ NE comer of Locust &S..Crystal —_ --- _ — -.-----,--,---- —• Thursdav __ -- -- Thursda- East intersection of South St. &S. Crystal- ----.._..�__..._.-_._...-- ----- I nursday SE corner of W. Chicago &S. Crystal _...__.---• __.._.. .__.._._..._!�—--.-- SW corner of N. Crystal&W_T�ighland _ Thursday W corner of Lyie & Grandstand Thursday N r SE corner of State& Walnut(1 l3 Walnut) Thursday � N>E comer of Larkin&, IvicLean Thursday NE corner of McLean &Abbott Friday NE comer of W. Chicago &S. Jackson . Thursday _ SE comer of Locust&Moesley _ _ __ Wednesday eland at S Ecison &Sunse*Dr (just south of South St.) Wednesday j 7 { a 319/2004 . ..... ........ ......... . . . . . ATTACHMENT C [See attached] 6 COPY 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 TI IE CITY OF ELGIN,ILLINOIS,feat 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 Bigin with Waste Management of Illinois,Inc.,a copy of which is attached hereto and made a part hereof by reference. sl Ed Shock 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 A.N=MENT AGREEMWT, made and entered into this 14th day of July, 2004, by and between the CITY OF ELGIN, . an ll", s municipal corporation (hereinafter referred to as the "City") and WASTE MANAGEMENT OF ILLINOIS, INC. , a Delaware corporation (hereinafter referred to as the "Contractor") . "v=F_kS, City and Contractor previoualy 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 Taste 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 (here inaLter referred to as. the "Subject Host City Agreement") ; and . WHEREAS, the City and the Contractor v:ish to further amend the Subject Collection Agreement as pro hided in this Amendment Agreement. C',Documn:ts anc'Sett ine5kzbi1thoc.%VM\Loca1 SetiingslTerpetary Intemet:0ee0LJr,SSGstbage Can-,=Amended-Wactc NIBM-7-1- 1 NOW, THEREFORE, f or 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 Subjec` Collection Agreement is hereby further amended as follows: A. That Article 2, Section 5 o the Subject _ Collection Agreement is hereby amended to read as follows: "5. CONTRACT TERN The term of the Agreement shall be eight (6) years, and shall become effective on the 1" day of November 2002, and shall remain in full ' force and effect through the 31" day of October 2010 . The City shall have the option to extend , the term of the .:4greement for an additional two (2) yea=s 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 Suhject collection Agreement is hereby amended to read as follows : "17. DISPOSAL Ali solid waste collected shall be removed from the City as 'soon_ as it has been collected.; but, C:\Documents and 5et7ngsla'ilthou.V,'MU_c:z1 Settingsl7emnonry Irtemtx Files\OL-K65\Garbage CwuactAmended-tVastc Mgmt-7-1- ? 0W.doc — 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 be in writing, In the event' the City designates a specific Disposal Site to be utilized by the Contractor, the Contractor small 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 CADocaments and 5eifngslab0tho�.WM%Laca1 Settings\Teriporary Internet Fles\OLK5:\Gnrbage Contract Anx-ided-Waste Mgmt-7-1- 04.dac 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 Sate 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 dorm, based upon the actual change in disposal costs. It is agreed and j understood that the provisions regarding adjustment of payments to the Contractor as provided in this section shall only ap>sly ir. the event the City designates a specific disposal site pursuant tc this section v:hich 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 =he Contractor pursuant to this Agreement as compared to the per ton rate that the Co=-racto- 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 CA Dmum-iss and Se tongs`:abilthou.WM TccalSettingslT•_M=aryirtr:;etFi1cA0LKG51GaTb WContra_tArr._nded-WastY,gmt-7-1- 4 04.doc shall determine or, 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 Cit y,. she 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 ti"?e Contractor for the preceding auarte_. TIh;.5 parties agree to provide the other party with reasonable .documentation necessary for the narties to make the de''Frmination on any additional disposal costs -or disposal cost savings to the Contractor C-\Documants and Setdngs%bilthcu,,WMALncei SeCings\Tempozry trtcmet ResOLK65tGarbage Contract MTended-Wasu Mg.*r1-7-1- 04.dc _.. ._ ........ .... ..... .. .. ............ .. ..... .... 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 "CERC A I, H% IFICATION` VD— 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 evert the City rescinds the designation of a Disnosal 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 "CERCIA INDEMNIFICATION" as provided in this Section 17 shall no longer amply to such previously designated Disposal Site. " .r_ C. That Artici° 3, Section 9 of the Subject Collection Agreement is hereby amended to read as follows: C:Mocumettt_s and Seaingilabirinou.V/Mli_oca?Set[ings\Tr-mr ,-v intemet riles !fiStGarnagc Co bract Amend d-liras Mgrnt•7-`- 6 04.doc "9. BASE SERVICE r2�TES The City shall pay the Contractor for the listed services in Article 3,- Sections 1 through 8, and for all of the ether services and provisions of this Agreement for which a separate price and payment is not specified, according to the fol lowing schedule: (a) Single-Family $10.82/month/household (b) Multi-Family $ 7 .87/month/household (c) Roll-Off Truck and Driver $78. 00/hour The Contracto= 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 pr.trsuant to this Agreement. " D. That Article 3 , Section 11 (a) of the Subject Collection_ Agreement is hereby amended to read as failows : . " (a) Refuse Carts mhe ' 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; 5L o 96-_gallon cars, as deteruu'ned by the City. All C N.Docnmenm and Set1ings1abt1thoa.WAP.Laca1 Settingsr2mpmary intemet Fiic5 LK.65k arbap Contract AmemdM-V%ante Mgnt-7-1- 7 04.doc refuse carts d_stributedto 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 i 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 exceAt as amended by this Amendment Aareement 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 zhe terms of this Amendment Agreement shall control. 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 propcsed solid waste transfer station south of sluff City Boulevard, Elgin, Illinois. q • That tries Amendment Agreement ?s further contingent upon and shall become .effective upon Contractor, or an entity owned. controlled, or operated by the Contractor, or an CADocumen:s and S=ing\abilthoc.WTYf%Locat Setings\Tamporary Interne!Fi1es\0LK651,Garisage Contact Arr=ded-WasL°.,Y,grru7-1- S '04.doc affi=fated company of the Contractor, or the successors and/or assigns of any such entity receiving final and non-appealable approva for siting of the proposed sold 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. CTTy OF ELGIN WASTE MANAGEMENT OF ILLINOIS, INC. BV By Attest: Attest : City Clery Its MFi(�,?� Gt�t;l F:\I,caal Dept\Aareement\Garbage ccntract lvteaded-Siaste NGMt-7-1-04.d0_ i CADo==nts and Settfigs\abil!hou.WM\Lacal SeffineslTes=rary Internet FilesQLk05\Garbage Ccn=c!A,nended-Wasie Ngmt-7-1- 9 04.doc . . ..... . ..... ... . ... . . ATTACHWNT.D.. . - . .. . [See attached] 7 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 DRAFT 10/29/04 SECOND AMENDMENT TO AMENDED AGREEMENT 'FOR -PROVISION-07 - REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES THIS SECOND AMENDMENT AGREEMENT, made and entered into this 37° 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 t.o 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 CADocuments and Settings\abi1thou.R'h4\Loca1 Settinp\Temaorary Inmroct Files\OLK65lGarbap Contract Amended-W f Mg nr•10-29- 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 : i. That the Subject Collection Agreement is hereby further amended by amending Article 2 , Section 5 thereof to read as follows : 115. CONTRACT TERM The term of the Agreement stall 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 . Iri the event _the City has exercised such option to extend 2 the term of the Agreement through the 31s- 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 sitin_ of the . ....p roposed....so.ld. . 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 WI'T'NESS 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 , OS J Attest : Attest : City erk its F:\Legal Dept\Agreement\Garbaae Contract Amended-Waste Mgmt-10-29-04.doc 4 Resolution No.04-297 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDED HOST CITY AGREEIv=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 atiached 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/Dolorrna Mecum Dolonna Mecum,City Cleric ............ . . FIRST AMENDED HOST CITY AGREEMENT This Host City Agreement (the"Agreement")is made this 3rd day of November,2004, by and between WASTE MANAGEIAfNT OF ILLINOIS,INC., a Delaware corporation authorized to do business in Illinois("Waste Management"), and the CITY OF ELGIN.an Illinois municipal corporation("City"). W ITNES SETE: 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 Tune 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) satisry 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 CADocurn=Ls and SeMingsVMtthou.VrA"-I Settings\Temparary Internet Files\0LKb5AWaste Management-Host Ghn Agreement-v13.&, ... .... .. . .... .. . ... . . .. . .. .... ........... ....... .. . .. .................. .... ... Protection Act("Act"),415 ILCS 5139.2(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 Smdon Site, which is legally described on Exhibit A attached hereto. I 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 511 et seq. "Agreement" shall have the meaning given in the preamble. "City" shall have the rneaning given in the preamble. "City Waste Contractor" shall have the meaning given in Section 10. C-Mocumcnts and Scttings�zbiIthou.VIM\L I S0tings\Terrnpomry L-ittmet r'ilcs%0Ur,65Was;c Managtment-HostOry Agreement- I32doe "Costs"shall have the meaning given in the Section l La. "Disposal"means any treatment,storage or disposal of Waste. 'rBffective 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 meanin-set forth in 415 ILLS 513.270. " 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 I, Section 3 of the Act. "Termination Date"shall have the meaning given in Section 24. C:\Documems and Senings\?empmwy in=et FilesVOLK6AWaste-Manager"ent-14ose ary Agreement.vt 3;d= .... ... .. .. ... ........ . .. ............ .......... .. .. ............ . . .. .......... .. .. ...... . .. "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 lows 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 cove:-iants and agrees that the Transfer Station shall not Lmovnngly accept Unpci-mitted 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. CADocuments and Settings\abiY.hou.WV\Lo=al San ingstTemponry intema r'iles\OLK65lWasw Management-Host City Agreement vI30oc ; .. (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 (b) 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 Citys 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 Bartiett, Illinois, and Midwest Compost, LLC,an Illinois limited liability company("lviidwest'% 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, CADOOJmeas and Sma rtgslabiltnrn:.WM1F,cca1 Seuingsli'empor=y in=nct Re§MUnWaste Niamgenent-HOST City Agreement-03-50m . .. ............ . ....... ... . . ..... .... ........... ........ ... .. .. .. . . ............... ............ ... . .... . . .. . .. . . ............... ...... . . . . . .. . ..... ... ........ other than a class of taxpayers that is based on ownershilp 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. Tne initial host benefit fee ("Host Benefit Fee") shall be equal to (A) One Dollar Eighty Cents(51.80)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 R-vised 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 rte from the previous year. CADocumcnt and SatinpkTemperary Inmmet FiIcs10LK651wa;te Monagerrent-Host City Agnement•ylx-doc 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 fhe City each calendar quarter, no later than the 30th calendar day after the end of each calendar . quarter. No later than ten ()0) calendar days after the end of each calendar quarter, Waste Management shall prepare and subunit 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: (1) 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 Stati on. (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. CADownents and Srning;1.bilthou.WNfU4cai Settings+Tcnpomry Intend Rcs%O XMNWaste Management-Host City Agre°xnent-vi';tloc 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. b. Hours of Operation. Waste Management shall accept Waste and Recyclable Material at the Transfer Station only during the hours from 14 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 read 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 he north or south. CADocuinents and Seninp\ab1 J1oL.W ,L0=1 Scaings:Tempa=y Internet Rcs%0LK65tWaste Management-Host City Agreern_nt-vi33!o:. (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 BIuff 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; fnen 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 propenies 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 Manaf ement 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 C.,V=menG and ScttingsMmporory intaroct FiLs\O K65Was=Management-Host City Agrccmcnt-v13P.1= 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 agrec 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 Manaeement a detailed accounting of ail payables to be paid by Waste Management or expenditures to be reanbursed 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 CADocvm_nu anc Ser:irgs\abiithou.WMUz=I&enings',Trmporary Iniemet FPe&%OLY.6,1\ aste Manag_meni-Hest City Agreement-vIJJd3�c survive the termination-and/or expiration of this Agreement until all of the ex-pe=s 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 t-amsfer 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) maybe 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 C:Zocumenu and Settings`abj!tou.WNI%Ixcal Semag5lT:mporary!memet Fi!es1.}'i,},Write Manage nei Hasr City ApecPnt-vt3ldpc .............................. .. ... . .. . . . .. .. . . ... . ..... ........ .. .... . . ... . .... .. .. .... .......... ............ ..... .. :.... ............ ....... .. .. .. . .... 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, indemnity, 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 ir: 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 respcnse, removal, remediation, damage to natural resources, health assessments, health claims, increased risk of C!.Documents and Sctrngs�biithou.wM':t.oced Settings%7-mporary dntemet F0es\OLK65\%V2sta Managem=t-t-tost Ciry Agr e pert-vd3�Gbc 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 I La, 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 1 I.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 indenu fies 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 bemai.ntained in fuli 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 ir:surance coverages: C.\Uom-nnL arx Settings\Temporary Internet Hes\0?K6AMaste Manage nwn[.Hos,City h merrX cgc (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 5500,000.00 per accident, with a maximum deductible or self-insured retention of $100,000.00. d_ The liability insurance described in Section 1 l.c above shall be (i) issued by an insurance company reasonably acceptable to the City, (ii) written on a comprehensive, broad fonn.policy, (iii)include endorsements that name the City as an additional insured,provide a severabiliry 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 rccovery 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 a.nv 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 Koterki v. Cyclops Welding Corp., 146 I11.2d 155 (1991)). C.�L)ocurnents and SerdnOabRthou.WNfdxral Settingsiernponrr 1memet Flies%OLK651\NV ie h1arragcrrrera-Host Ciry AU=ncnt-v131c`.p�: i 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 poIicis. 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 (his Agreement to the contrMr, the City has no duty or obligation under this Agreement, express or implied, to act or to not take action in respect of Waste Manaeement'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 Ml anagmnent agrees that Waste Management shall not have any claim or cause of action against the City under this Agreement CADocumenu and Settmgstabftou.WWiLocal Setting\7rmponry intamet F1rs1ULK65\VJaste ManagsmrnbHost City Agreement-vi3]dpc 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 lvlanaaement aD ees that it shall pay for the foregoing sanitary sewer and water services when connection is made thereto in accordance with the applicable sanitary sewcr and water rates established from time to timc by the City. CADoaments and Settir951abi11houA47!\Loea1 SetiingsUemponry intemet Filcs1OLK551VVaste Managemem-Host City Agrm-.nrn!- !?jcrgc ........... .... .. . .............. ............._.. ..................... . . . . .. .. .. ... . . . . . . . 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 hill 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. AD such actions by the City shall be at no cost to the City, which costs shall be bom solely by Waste Management but, upon . the written request of Waste Management, the City shall not unreasonably fail to timely file a condemnation action. CADocument;and 5ettingstabfl hou.WNAL=ai Setlineffi emporary lntcmct Fiks\0 X6S%Waste Ranagemcn-Host City Agoemeni-v13tdFc d. The provisions of this Section 14 shall become effective and binding on the panes 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 tuck 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 C La:umenL:and SMtings\3-bNiou.WK%L.oc d Sct ingslTenpormy lnianet Piles�.OLK6S,Wasce•Llanagement-Host G-v Agi:.entnt-v! I(�9c 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. CL 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,reguiations and ordinances. 17. Bre ach.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 17.0-(l) 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 thi;ry(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 ca=nnot reasonably be cured with said 30 CADocumem, and Svtingslabiith".WV.%Locai Satings\T=ooary Litemet FCies\OLK6AWastc Maragemont.Htm City AgreementM31try_ 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 Managements 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) dates 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 recoupnient, and notwithstanding the requirements in Section 17.e applicable to termination of this Agreement) or other appropriate proceedings,including m_hout limitation, bringing an action or actions from time to time for recovery of amounts due and unpaid by Waste Management, andior for damages and expenses resulting from the Event of '-',Dmumenes and ScWne2bilthou-VAI sMal Set6ngslTemyoszry fit-rnet-ilCAO_K6S'Mastc Managcmtnt-Host CityAgrecm=t- 132#- Default, which shall include all costs and expenses reasonably incurred in the exercise of its remedy(including reasonable attorneys'fees). i c. In addition to, and not exclusive ot,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 Everus 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 Manag ement 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 I7.c.(2) `save occurred.. Waste Management agrees that the City shall not have an adequate remedy at law if the City terminates the Agreerr_ent 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. O'Documetns and Settings\ahilthou.WMUaca!Sehings;i emparaty7rternet FesQ1-'{651Waste Marageme.t-Bast City Aertemenz v132duc 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 iti 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 isuccessors 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 CADocumenss and seningslabihhou.WMtiLonl Settingff-cmporary internee FilestOLK65Wasle management-Host City Agre_-e nuns-v132aec i 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 berwesn 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 Vianagement C:\Doauments and Seuingsabihhau.WMXLocal Se;tingeTempmry Insrnet Pills\OiX6i\%Iaste Managemea:P.o3.Gry AVeemenc-v132c�p,- . . . .. ...... ..... ................ .. ......... . . . .... .... ... . . .. ..... ........................ .. ..... . .. . ... .. (c) The permanent cessation of operations due to the final and uncontested ord-cr of any federal, state .or local governmental body, agency or iudi W 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 intcnded 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, [ilinois 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: C1Doammts ane Setargs\.bi1[h" -M,L c.1 Seningsli emperary Wemet Fi1ee%0LK65%W2sia klanage ent-Host City Ag;eemen1-vi3_4C _... . .... ..... ............................. _ .... ...__._. ... . ... ...... .. . . .. .. ..... 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 Genera3 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 C:1Docv ants and SettingeabilthmW oval Settinpricrnmary Lriternet ReAOLK65W.aste Nanagement44ost City Agr=nent-vi 328)c ... ... .. ............ .... .. ......... . 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 countetparty to such-financial assurance must, at all tinies 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 governcd by the laws of the State of Illinois. 30. Joint Preparation. This Aareement 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. [siimature page follows] U.Docemenis and Seninw-WAthou.W M�Loca;Seuings7empmry lntemet Fites%0LK65\Wasre Management-Host Ci:y Agreement-vi3)oc i 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 Its: S�. �Q In � -��Q� , Its: Attest: Attest: Bye- ,11� By: ` i Its: Rc1V '. Its: Cl- CADaeuments and Settings%bilthou.W?.41ocai Settings`':C!num-sy Intanei FileSOy65\Wasic h4ana¢cmert-H0st City Agrctmcnt-v t32.tYe i `: Tat -1[4 - P $ •t t' ; i,� �1 him 1� 1."ctex•e.n''''� -+ �i-,,,,� JacipSf - 1 1l—j, AF A/ i Ire ,eems G :et, PjIf it r . L•"«za rte-e5r-.+w+rs t>.±nr�rtaK�.= lcecia„ "E -1 �O' Y � i4 r •. - C" � .- LbPAR7 EX➢ALSIOb yt',�� �y!4?, q4D «`•¢„, n ^_ Y a' �N p ii�SS f,// OTfL '4" 1 — • - f t- EXHIBIT B DRAFT 10/29/04 SRCO1M AMENDMENT TO AMENDED AGREMWAT FOR PROVISION OF REFUSE, RECYCLABLRS-AND YARD WASTE COLLECTION SERVICES THIS SECOND ANSNDMENT AGREEMENT, made and entered into this vember, 2004, by and between the CITY OF ELGIN, an 3ra day of No Illinois municipal corporation (hereinafter referred to as the "City") and WASTE 1ANAGEMENT OF ILLINOIS, INC. , a Delaware corporation (hereinafter referred to as the °Contractor") WHEREAS, City and Contractor previously entered into an Agreement for Provision .cf 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 Mar•.ch.:..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 o Bluff City Boulevard C:tDocum.°its and Se%ings\abi1Chou.W&1\Lec21 Settings\Ternporary Iitcmet FtlestOLKbAGa-6age Contact Amended-Waste Mgmt-10-29- 04.doc . ... .................. ...... (hereinafter referred to as the "Subject First Amended Host City Agreement") ; and WliEREAS, 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 TER1,9 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 318t day of October 2010. The City shall have the option to extend the teen of the Agreement for an additional two (2) years effective on the first day of -November 2010 through the 3.1s` 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 ootion tc extend 2 Ji the term.. of 'he..._Agreement... through....the.:..j._r.,t.._.day...o=.... ....... ..... .. . .. ......... ... ... 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 ist 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 owner., 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 _inal and non- appealable approval for siting of the proposed solid waste transfer station referred to and desc-ribed 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 MMMAGEMIENT OF ILLINOIS, INC. $Y ..e By Mayor I t s Attest: Attest: City C�7 erk` Its F:\Legal Dept\Aggreement\Garbage Contract Amended-waete Mgmt-10-29-04.doc 4 T F.t.[aK 0..4 EMO 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 itallcrzed font. • Section 2.4-1 Hours of operation will be from 0400-2000 hours, Monday—Saturday. The facility will accept only munidpal solid waste. • 14''The report makes several references to "input from the local frre protection district': Initially I thought this may be due to the fact that Midwest Compost either did not actua//y gain input from the Elgin Fire Decari ment(EFD), or they had erroneously contacted the wrong governmen&body. After 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. EnD personnel'Yril/be responsible for providing service for al/of the above listed operations, with the possible exception of hazardous material operations Haz41at operations will be discussed in a. later section of this report. The document makes reference.to lockouVtagout 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 spedatized extrication due to bye type of egUipment utilized in this operton. Additionally, confined space rescue and b`re potential for Hazmat response are present. 2.4--16 Interruption of utility service. The fadlity will have back up power supply for the fire sprinkler system. • 5-22 The Cty 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'170sp1461. • 5-5 "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 faciill will have a dry-pipe sprinkler system designed in accordance with NFPA 13 and the International Building Code 2000. F The crlterla for design should also reference compliance with the 1996 BOLA Fre 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 requirement; • 556 The document contains references to meetings conducted with Interim Fire Marshal Robert Bradbury. Specifically, IFM Bradbury met with Midwest Compost and Envirogen on April 29,20x4. 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 addlb oval charger might recommend is an additional position for a fire extinguisher Wfhln 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 prefermd location for attempting to conduct such extinguishment operations to make the process easier and lees Akely to cause any corifarnination of the area. • 5-11 Midwest Compost proposes contracting with Heritage Environmental Services (HES) for significant hazardous material spills. — A review of the arrangement wifh our hazardous material personnel might be prudent to ensure there are no issuesrelated 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 vehicles 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. i 2 ATTACHMENT E [See attached] 8 .. .. ................. ....... .... ....................................... ....... ....... .............................. ..... ... .. .................... ... .. .... .. .. ... .... ........_.. FOURTH AMENDMENT AGREEMENT FOR PROVISION OF REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERT%ICES THIS FOUR'T'H AMEN1 D_N= AGREEYIENT is hereby made and entered into this 27th day of October , 2010, by and between the City of Elgin, an Illinois niunicipai corporation (hereinafter referred to as the "City"), and Waste Management of Illinois, Inc., a Delaware corporati.on(hereinafter referred to as the"Contractor"). WHEREAS, the panes 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 At`achment"A"; and WHEREAS, the parties hereto amended the Original Agreement and entered into an Amended'Ao eement 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 W'rIEREAS, 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 Attachinent"D"(collectively hereinafter referred to as the"Collection Agreement"); and WHEREAS, the City has exercised, and the Contractor acknowledges, the City's first o,)tion to extend the term of the Collection Agreement through the 315L day of October 2012; and i 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. -2- 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 -3- 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 15. 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)-m.onth 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 -4- 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 The Contractor shall provide a disposal site for leaves collected by both the Contractor and the Cite during the fall leaf collection program. The Contractor shall receive payment for the service of providing a fall Ieaf 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. Section 7, Article 3 of the Collection Agreement is hereby amended in that-the clause "no later than the 3`d Monday in October" is amended to "no later than October 1". 4. Except as expressly amended by this Fourth Amendment Agreement, the Collection Agreement bethveen the parties hereto shall remain in full force and effect. In 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. -5- .......... ......... ....................... .. .. ............. _... . .... ..._............. ........_........................................ _:.......... N 'd,T NESS WHEREOF, the parties hereto nave entered into and executed this Fourth Amendment Agreement on the date any year fu'st written above. CITY OF ELGINI A17EST: r� 13y: ean R. Stegall, City alter City Clerk WASTE VLANAGEIiENT OF ILLINOIS, INC. ATTEST: Name rint:1*1-1e5�', :G.-loo Its:f:Vegal dep0agmement`,foirth an=dn=t to agreement-waste mana_emmnLdom i I -6- ATTACHMENT F [See attached] 9 ..................... :...._.. SERVICE AGREEMENT THIS AGREEMENT is made this f L T# day of FF--,8 2009 by the City of Elgin, an Illinois municipal corporation("CITY`),and Curbside,Inc.,a Califomis Corporation("CONTRACTOR"). RECITALS WHEREAS, CITY desires to utirize the services of CONTRACTOR to manage the City's Door-to-Door Household Hazardous Waste Collection Program;and, WHEREAS,-CONTRACTOR is qualified by virtue of experience, training, education, and expertise to provide such services. AGREEMENT i NOW THEREFORE,In consideration of the mutual promises and covenants contained herein,the sufficiency of which Is hereby mutually acknowledged,the parties hereto hereby agree as follows: 1. Term of Agreement. The term of.this agreement shall commence upon execution and continue through November 30,2012 and may be extended upon mutual consent. 2. . Services to be provided. The services to be performed by CONTRACTOR shall consist of implementing a Door-to-Door Household Hazardous Waste Collection program to collect household hazardous waste directly from single and multifamily residences within the City per the proposal attached hereto and made a part hereof as Exhibit°A°dated January 9,2009. 3. Compensation. CONTRACTOR shall be compensated as follows: 3.1 CONTRACTOR shall charge the City of Elgin a fee of $90.00 for recyclable Household Hazardous Waste stops and $112.00 for non-recyclable Household Hazardous Waste stops,not to exceed an annual amount of$50,000.40 per contract year of this agreement through November 30, 2012. Exhibit V indices what comprises recyclable and non-recyclable vrastes. 32 Method of Payment. CONTRACTOR shall on a monthly basis, submit to City an itemized invoice listing all completed stops along wlth cumulative collection reports indicating the total cost of each stop and amount of waste collected.City shall provide payment to CONTRACTOR no later than 45 days after City's receipt of any such invoice from CONTRACTOR. In no event will CITY be liable to CONTRACTOR for more than$50,000 annually for services provided by this agreement. 3.3 Termination. CITY and CONTRACTOR shall have the right to termineo this Agreement by providing sixty(60) days written notice of intention to terminate this agreement In the event of any such termination the CONTRACTOR shall be paid for services rendered to the date of termination of this agreement. i 3.4 Access to Books. CITY may, upon request and during regular business hours, inspect CONTRACTOR'S books,records and other documentation directly related to completed collections in order to verify the number of completed Household Hazardous Waste stops. 4. Insurance Requirements. 4.9 CONTRACTOR or its operating entity performing tasks in CITY shall comply with the terms of sections 4.2 through 4.4. 4.2 Commencement of Work. CONTRACTOR or sub-contractor shall not commence work under this Agreement until it has obtained all insurance required and the CITY has approved this Insurance. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify CITY of any material change,cancellation,or termination at least thirty.(30)days in advance. 4.3 Workers' Compensation Insurance. During the duration of this Agreement, CONTRACTOR or sub-contractor shad at all times maintain Workers'Compensation and Occupational Disease Insurance in amounts required under the laws of the State 'of Illinois. 4.4 Insurance Amounts. CONTRACTOR or sub-contractor shall maintain the following Insurance for the duration-of this Agreement: (a) Comprehensive general liability and automobile liability in the amount of $9,000,000.00 per occurrence; (b) Endorsements for the policies under section 4.3(a)shall designate CITY as and additional named insured. CONTRACTOR shad provide to the CITY proof of insurance in the form of both certificates of insurance and endorsement forms, as approved by the City. Such certificate shall provide that the Insurance shall not be terminated for any reason without thirty(30) days advance written notice to the City. 4.5 The Insurance requirements provided for herein shall apply as primary insurance with respect to any other insurance or self insurance program afforded to CITY.There shall be no endorsement or modification of this insurance to make it excess over other available insurance,and alternatively,If the insurance states that it is excess or pro rata,i€shall be endorsed to be primary with reWedto CITY. 5. Non-Uablltty of Officials and Employees of the CITY and Participating Residents. 5.1 No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY,or for any amount which may became due to. CONTRACTOR. i 5.2 CONTRACTOR Ail resident liability for waste shall cease and shad be assumed by CONTRACTOR or sub-contractor upon the collection of material from the resident's property.Contractor or sub-contractor shad be the generator,as defined and used by federal and state environmental.law for all waste collected pursuant to this agreement 2 _...... .. _...... .......... _............... _....... ................... .......... ..........,... ... 6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race,color,creed,religion,sex,marital status,age,handicap, national origin,or ancestry,in any activity pursuant to this Agreement 7. Independent CONTRACTOR. a is agreed to that CONTRACTOR shall act and be an independent CONTRACTOR and not an agent or employee of CITY,and sham obtain no rights to any benefits which accrue to CITY'S employees. Nothing herein contained Is Intended or shag be consbued to,in any respect, create or establish a partnership,joint venture agency or relationship between the City and Contractor. 8. Compliance with Law. CONTRACTOR shall comply with all applicable taws, ordinances,codes,and regulations of the federal,state,and local government. 9. Disclosure of Documents. All documents or other Information developed or received by CONTRACTOR are confidential and shall not be disclosed without authorization by CITY, unless law requires disclosure. 10. Ownership of Work Product. All documents or other information developed by CONTRACTOR and specifically compensated for by CITY shall be the property of CITY. CONTRACTOR shall provide CITY with copies of these items upon demand or upon termination of this Agreement. 11. Conflict of Interest and Reporting. CONTRACTOR shall at all times avoid conflict of interest or appearance of conflict of Interest in performance of this Agreement . 12. Notices. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. (a) Address of CONTRACTOR Is as follows: Patrick Anderson Curbside,Inc. 500 S.Jefferson St Placentia,CA 92870 (b) Address of CITY is as follows(with a copy to): City of Elgin Attention:City Clerk 150 Dexter Court Elgin,IL 60120 13. CONTTRACTOWS Proposal. (a) CONTRACTORS proposal is herein incorporated by reference and enclosed as Exhibit`A°dated January 9,2009, 14. Familiarity with Work. -By executing this Agreement,CONTRACTOR warrants that:(1)it has investigated the work to be performed;(2)it has investigated the site of the work and i 3 ...... ..................... ........................ . ..... ................... is aware of all conditions there; and (3) it understands the facilities, difficulties, and restricfians of the work under this Agreement. Should CONTRACTOR discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately. inform CITY of this and shall not proceed, except at CONTRACTOR'S risk,until written instructions are rec eimd from-CRY. 15. Time of Essence. Time is of the essence in the performance of this Agreement. 16. Limitations upon Subcontracting and Assignment. The expedence, Im-Aedge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. This Agreement may not be assigned voluntarily or by operation of law,without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of thls Agreement,CONTRACTOR shall be responsible to CITY for the acts and omissions of its SUBCONTRACTOR as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual. relationship between 'any SUBCONTRACTOR and CITY. All persons engaged in the work shalt be considered.employees of CONTRACTOR. CITY shall deal directly with and shall make all payments to CONTRACTOR 17. Authority to Execute. The.persons executing fhis Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement,the parties are formally bound. 18. Indemnification. CONTRACTOR agrees to protect,defend,and hold harmless CITY and its elective or appointive boards,officers,agents,and employees from any and all claims, liabilities,.expenses, or damages of any nature, including attomey's fees, for Injury or death of any person,or damage to property,or interference with use of property,arising out of, or in any.way connected with performance of the Agreement by CONTRACTOR, CONT'RACTOR'S agents, officers, employees, SUBCONTRACTORS, or independent CONTRACTORS hired by CONTRACTOR. The only-exception to CONTRACTORS responsiblity to protect,defend,and hold harmless CITY,is due to the sole negligence of CITY,or.any of its elective or appointive boards,officers,agents,or employees. Nothing .herein affects CONTRACTOR'S duty to defend CITY.In the event of any action against CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to defend and indemnify, such action shall be defended by counsel of Chys choosing. This hold harmless agreement shall apply to all liability regardless of whether any Insurance policies are applicable. The policy limb do not act as a limitation upon the amount of Indemnification to be provided by CONTRACTOR. 19. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements;oral or written. This Agreement may be modircied only by subsequent mutual written agreement executed by CITY and CONTRACTOR 20, Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONTRACTOR. 21. State Law. This Agreement shall be construed in accordance with the laws of the Stath i' of Illinois. Any action commenced arising out of in connection with this Agreement shall I be filed in the Circuit Court of Kane County. I 4 22. Interpretation. This Agreement shall be interpreted as though prepared by both parties. 23. Preservation of Agreement. The terms of this agreement shalt be severable. In the event any of the terms or provisions of this agreement shall be deemed to be void or otherwise unenforceable for any reason,the remainder of this agreement shall remain in lull force and effect IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below. DATE--, "CITY" CITY OF Elgin,an Illinois municipal corporation Attest: Sy: City Cleric Mayor CONTRACTOR" Curbside,Inc. 8y: DATE: i j APPROVED AS TO CONTENT i DATE: i i i s EXIT A _. PROPOSAL Door-to-Door Household Hazardous !Haste Collection Program City of Elgin January 9, 2009 PROGRAM SUMMARY: This proposes that the City of Elgin continue to provide it's residents with a year-round door-to- door household hazardous waste collection program to remove household chemicals (HHW) directly from residents homes.Additionally proposed is the continuation of the successful Direct Mail Sharps program. >: As in previous years residents will be informed through various means that the program will remove their household.chemicals directly from their homes if they call 1-800-4�9-7587 and request a collection date. The waste is placed.by the entrance door,garage door or yard'gate in the morning and it is removed by the end of the work day(5:00 pm). The sharps mail back program will remain unchanged as in previous years..Residents simply call our toil free number and request a sharps kit.The kit will,be mailed directly to the resident. Once the sharps container is full they simply place the container in the previously supplied postage_paid box and place out for collection via regular US. Mail c•. The Door-to-Door program will continue to allow the City of Elgin residents to participate when it is convenient for them,with the least risk to their health and the health of others. Seniors and disabled persons are offered assistance when they cannot remove waste items from their garages and homes. All single family and multiunit dwellings will have the opportunity to-use the program one(4)time per year.The City may approve on a case by case basis repeated I collections. In these instances the City will be contacted for _prior approval for second(2)col- Curbside will bill the City based on a two(2)tier pricing system of either a Recyclable stop or a Non-Recyclable Stop (see page 7 for fees), All program components include the following: t: Render assistance to seniors and disabled persons(upon request) Dispose of all waste Provide postage paid survey cards(mailed back directly to the City) Create monthly reports Provide b9-annual comprehensive reports aWd analysis Provide documentation for each collectlon Documentation on sharps mailed to resident I .I C.DpYRght 0.2009 Cmbside Inc. Page 1' I _ ...... _.......__... .._....... .. ................... .._............. ........ ........ . _... .._ ..... .._.. The following pages explain the program in more detail: 1. Door-to-Door program operational plan 2. Acceptable and unacceptable waste with disposal options and cost's for excess, commercial and unacceptable waste. 3. public Education efforts,what is and is not included In the basic program 4. Direct Mail Back Sharps program ! I r Curbside,Inc. ! 500 S.Jefferson St rr_ Placentia,CA 92870 Phone:714-223-0515 E-mail:pandeuson @curbsideinc.com www.curbsideinmcom Page 2 Copyright®2009 Curbside Inc. _................._.... - .............. .............. -..................... -............... _.........................._........... _.. _........ Basic operation of the 9. Resident calls the toll-free hotline to schedule an program: appointment.At this time the operator and resident will determine mutually, a safe and convenient location on their property for placement of the collection bag 2. An HHW 10-will be provided to each.participant who has HHW materials for collection by Curbside prior to the collection day. 3. On the scheduled day,the resident places the kit bag in the previously agreed upon location on their property for collection. 4. On the scheduled day, our highly trained customer service person arrives and inspects the contents of the bag. 5, .Acceptable materials are carried to the vehicle. 6. The materials are then sorted by hazard class and placed into proper containers(labfloose packed). 7. If participants leave unacceptable materials, the unacceptable materials will be carefully re-packaged (when safe to do so)inside a new Crag.An information card will be placed in the bag (or on the door) informing the participant to call for instructions. No resident will be left without a solution. 8. The waste material is shipped to final recycling/disposal facilities. 9. Complete reporting will be provided to The City .This is based upon the IncrNiduai receipt used at the home. Reports will show what was collected,from whom,and when. The"kif°was designed to ensure that residents set out for collection only acceptable waste gathered in one location,safe Collection "Kit°: from the weather. The kit is mailed to every participant requesting a full service HHW(Non-Recyclable)collecton.The kit will not be used for recyclable material only stops The kit will usually arrive about three days or more in advance of a collection. The kit contains the following: Industrial size 4 mil bag(clearly labeled as household hazardous waste)-of sufficient size to contain an average of 900 pounds of toxic material j One-way secure be and label for bag—used to secure bag and keep moisture out. I i Page 3 Copyright®2009 Curbside Inc. i I i Pre-printed and blank labels—residents use for items not in original containers Instruction Sheet—complete program instructions and use of packaging materials Survey cans—postage paid card,participants mail directly to the City. The bag.is used to insure that all of the waste set out for collection is contained. Waste secured Inside this very heavy, industrial bag,will not be exposed to the elements. While we will not usually accept leaking containers,should an oil or paint can leak,all material will be contained. For Non Recyclable stops all material collected roust be contained within the bag. The participant will be able to fill the bag(toxic materials must be contained within the bag)with HHW(the weight of the bag will vary with an average bag weighing about 100 pounds). Residents will be instructed that all liquid waste must be tightly capped or sealed and in a container free of leaks. Special service will be provided on an limited as needed basis for seniorldisabled participants. Often seniorldisabled residents are not able to lift and assemble their material for collection. Curbside will offer assistance to assemble and package material If needed. Our experience has been that most if not all assistance that would be required has typically been completed within the allowed 15 minute time frame. If the residents re.- quires more than 15min a decislon will be made as to weather or not to reschedule this resident. It is important that all sched- uled residents are collected from during that day. All waste collected will be recorded on an Inventory form. Each Management ofwaste: item collected will be listed along with the name and address of the participant. Data from the collection is entered into Curbside's database where the computer calculates the approximate weight of the waste collected. This information is included in reports. Insurance Coverage: Curbside provides a two million dollar Lability insurance policy to the City.This policy covers liability and"pollution caused as a result of Curbside Inc.operations.The City will be added as a named insured and indemnified in the final contract if required. I i j Copyright 0 2009 Curbside Ina Page 4 i _ - ^�%ii- — - .:}x%t..r Li•ae:+Y•: s`= :.t T:i�::i.::.''' �•..t-d•a:.'_>i°`:: .-o;:�;'.';g.. g• •�`.•tt \J r. r ♦�'^��`+�'.'' '`�''�:4=::: ,.,. >r.;3.;:•.��e>..r;.�;7,+.; :"�v. _.��� ySL�4"Y—::;y: ACCEPTABLE WASTE: UNACCEPTABLE WASTE: Garden Chemicals Biological waste Insect sprays Weed killers Radioactive materials Other poisons Fertilizer Smoke detectors Automotive Waste Motor oil Ammunition Antifreeze Waxes Explosives Polishes Cleaners Leaking containers Brake fluid Gasoline Unknowns(must be tested) Used oil filters Oily rags Fire extinguishers Transmission fluid Windshield washer fluid Pressurized cylinders.(propane tanks) Hydraulic fluid Automotive batteries Tires Paint Products Oil based paint Appliances(larger than microwave) Latex paint Spray paint Waste in 6 gallon or larger container Stripper Stains Commercial chemicals(for business use) Caulking Wood preservative Asbestos Glue Thinner Trash Household Cleaners Cleaning compounds Construction materials Floor stripper Drain cleaner Not more than five gallons of driveway sealer Tile remover Tile cleaners Liquid mercury Rust remover Medicines Misc.Household Bleach Household batteries Pool chlorine Hobby glue Fluorescent tubes Pool Acid NOTE: Many of the above items will be accepted upon approval at additional cost to resident. Resi- dents will be told to contact their local fire depart- ment for explosives and ammunition. i Leaking containers can be collected after the resident has repackaged them. Unknovms that can be Identified by the.resident will be taken. Copyright 0 2009 Curbside Inc. Page S i :. ................. .........- _... . .... ....... . ............................ All!r<.• - :' ;,-',tom'°.','-"`c;�'' -=t "=,_ - .. Assistance with Public Curbside will provide assistance to City Staff for the development Education and implementation of a successful Esc education program. available at no cost): Curbside's mars Froressionals will make.their services avataable to review and edit communications materials prepared by the City . Camera-ready art from Curbside, Inc archives will be provided at no charge. Curbside's Marketing Staff is available to assist the City vAth media planning,copy writing and with the production of printed material(standard cost-plus-1 5% markups apply for outside purchases). Summary of included services: Review and edit communications material prepared by the City • Use of Curbside's existing camera-ready art Assistance with media scheduling • Introductory press-release copy Tracking of how callers heard about the program Additional services are provided on an hourly rate basis of $95,00. Standard cost-plus-15%markups apply for outside pur- chases. i I j I I Copyright*2009 Urbside ina Page 6 _........_.. ...._ ... ...... .. ... _........... ..............................._...._..................._............. .... ....... . .......... .. . . . .. 111,11 11111!11:11F�!11! le M1:110 111 Door-to-Door Collections An Non Recyclable HHW stop consists of the collection of toxic material including motor oil,filters, paints,pesticides,her- bicides,cleaners,solvents,acids etc. (See page 5 for complete listing of acceptable waste).Any vraste set outside of the bag . wrll be charged per pricing on page 9. Non Recyclable stops will be billed at$112.00 per stop A Recyclable stop includes the collection of auto batteries, latex paint, motor oil,filters and antifreeze. Residents will be allowed to place a maximum of up to 12 gallons of material combined out for collection under this program.Auto-batteries _ and used oil filters will be limited to 5 each.Additional waste over and above the allowed 12 gallons placed out for collection will be charged per pricing on page 9. Recyclable stops will be billed at$90.00 per stop NOTE. A gallon of material as defined here is a"gallon size con- tainer".Volume is not counted, only containers.Le.3 one gallon containers=3 gallons.Two one gallon containers each half full=2 gallon All containers MUST be sealed and no larger than five (5) gallons. Large quantities of waste and items which are-clearly-com- i -Excessive waste/ r9 4 y unacceptable waste: mercial will not be collected under the above standard pric- ing above. The resident may choose to pay for the cast of _ _.. collecting this material. Standard generic art work from Curbsides archive will be Public education made available via e-mail for free, Any additional work per- formed by our media staff( i.e: customization and or changes)will be billed at a rate of$95.00 per hour I Electronic waste The HHW program as proposed does not include the collec- tion of any electronic waste. ves the right to increase program cost a maxi- Gost increase Curbside reser mum of 3%per year.City will be notified 30 days in advance of such increase. All above Prices are subject to State, Local and Fed- eral taxes currently existing and that may be imple- copydghcm2oo9 Curbside °. mented in the future. page? i� C^1Y T LS Residents can continue to call the toll free hotline and order a one gallon Sharps 1CIf. The kit is mailed directly to the resident from the fulfillment house, The resident opens the kit which Is comprised of a plastic_bag, tie, shipping form,.plastic sharps container and postage paid mail back box. After the sharps container is filled, the resident fills in the shipping form, seals the container in the plastic bag,places the container in the postage paid shipping box and mails it When the participant drops the kit into the mail,it is sent directly to an approved incinerator. There is no liability for the resident or the City.The entire kit is Postal Service approved. If the resident wants another kit,they call the toll free hotline and one will be shipped. Unless oth- erwise instructed the sharps program will remain unchanged from previous years.Residents will not be limited the number of containers ordered throughout the year. PRICING: Subiect to a 5°!o per year increase Sharps Prlcing:The on gallon container sizes listed below include's shipping to the resident and back to the incinerator when container is full and all disposal costs. SIZE NEEDLE CAPACITY: PRICE 1 gallon 150-184 $50.00 Services included in the program are: Hotline Operation Shipping of Sharps Kit to Resident Sharps Mail-in Kit • Artwork.is available from Curbside archives upon request Program Administration • Creation of Report Incineration and recycling of sharps and containers Mail: Back Sharps containers are subject to all State, Federal and Local taxes and are subject to any postal increases Copyright 0 2009 Carbside!no. Page 8 CITE''OF ELGIN Door-to-Door Collections Used motor oil Excess charge$0.55 per/gal Antifreeze Excess charge$4.00 per/gal Latex paint Excess charge$6.00 per/gal Auto Batteries Excess charge$1.25each Oil filters Excess charge$1.25 each Oil Based Paint Excess charge$7.50 per/gal Other.Toxic Material Excess charge$1.49 per/lb Curbside,inc. p, 500 S.Jefferson St Placentia,CA 92870 Phoae:714223-0515 E-mail:panderson@curbsideino.com www.cur'bsideine.com Copyright 0 2009 Cubside lno_ Page 9 l) j1 i o a m j 500 S.Jefferson St. Placentia,CA 92870 888.449-3733 ex 115 wanderson @curbs idei nc.com www.curbsideinc.com Thursday, October 21, 2010 Dan Ault, Intern-Public Works Supervisor City of Elgin, Dept. of Public Works 150 Dexter Court Elgin, IL 60120-5555 RE: ASSIGNMENT OF CONTRACT FOR THE DOOR-TO-DOOR HHW COLLECTION PROGRAM Dear Dan, The attached letter announces the intended purchase of the assets of Curbside Inc. by WM Curbside, LLC, which is a wholly owned subsidiary of Waste Management, Inc. Our plan is for WM Curbside, LLC to provide the same great service to residents of _Igin with no interruption in service, Curbside employees, including myself, would become WM Curbside, LLC employees or contractors, and I would continue to manage the business. We are requesting City approval for WM Curbside, LLC to assume obligations and responsibilities of the existing agreement between the City and Curbside Inc. to be effective at the closing of the transaction. We have prepared a simple document that permits the assignment of the contract (attached). We would like to have.the signed document returned as soon as possible. If the form of the document does not meet City requirements, please feel free to provide your comments. Frankly since nothing will change except for the fact that this acquisition puts our business in a stronger position to grow, we expect to continue working with the City doing those things that your residents have appreciated for years. Please fax, scan and email or call to have the document collected. Thanks again. Sincer L Waz�lrson President 1 ba: S Attachment: Assignment of Contract r Assignment of Contract This Assignment of Contract (this "Assignment") is entered into on [Dore: by Curbside, Inc., a California Corporation ("Assignor"),WM Curbside, LLC, a Delaware limited-llability company(Assignee), and f City of Elgin-j(the"Customer"). Background: A. Assignor and the Customer are parties to a Service Agreement effective 31412009) (the "Contract").relating to Assignor's provision of hazardous and other waste collection, transportation and/or disposal services to the Customer. B. Assignee and Assignor have entered into an Asset Purchase Agreement dated as of October 11,2010(the "Asset Purchase Agreement") pursuant to which Assignor will sell and Assignee will purchase substantially all of Assignor's assets. This transaction will include Assignor's assignment of its interest in the Contract to Assignee. C. The Customer is willing to consent to Assignor's assignment of its interest in the Contract-to Assignee upon the terms and subject to the conditions of this Assignment. Now, therefore, in consideration of their mutual promises and intending to be legally bound,the parties agree as follows: 1. Asslgnment•and Modification Assignor hereby sells, assigns, transfers and conveys to Assignee, Its successors and assigns, effective as of the .Closing Date (as "Closing Date" is defined in Paragraph 8 of this Assignment);all of Assignor's rights, title and Interest in and under the Contract; provided however, that Assignee shall not provide collection,transportation, disposal or treatment of pharmaceutical waste under the Contract and Customer agrees to modify and amend the Contract such that the provision of such services related to pharmaceutical waste is removed from the Contract, effective as of the Closing Date. 2. Assumption Assignee, for itself and its successors and assigns, hereby accepts Assignor's assignment and assumes and agrees to be bound by and perform,effective as of the Closing Date,all of the obligations,liabilities and"duties of Assignor under the Contract that arise or accrue after the Closing Date (but not including any obligation, liability or duty that may arise or accrue after the Closing-Date in respect of any matter or event occurring prior to the Closing Date). Assignee's assumption shall run directly in favor of the Customer and shall be enforceable by the Customer against Assignee as if Assignee were the original party to the Contract instead of Assignor. 3. Customer's Consent The Customer hereby consents, effective as of the Closing Date, to Assignor's assignment of its interest under the Contract to Assignee, and to Assignee's assumption of Assignor's interest under the Contract, upon the terms and subject to the conditions of this Assignment. Prior to the Closing Date, the Customer's consent shall be of no effect whatever. 4. Customer's Certification The Customer certifies to Assignee that,as of the date-of.this Assignment: a. the Contract Is in full force and effect in the form attached as Exhibit A and has not been modified, amended or otherwise supplemented or altered in anyway;and b. there are no claims by or against Assignor or any defaults or liabilities by Assignor under the Contract. The Customer agrees to confirm the continuing accuracy of its certification (or disclose any inaccuracies that may have arisen) upon Assignee's written request at anytime prior to the Closing Date. 5. Governing Law This Assignment shall be governed in accordance, with the laws of the state whose laws govern the Contract. 6. Counterparts This Assignment may be signed in any number of counterparts, ail of which together shall constitute one and the same instrument. 7. Binding Effect If and when this Assignment becomes effective, this Assignment shall be binding upon Assignor and the Customer, and their respective successors and assigns, and shall inure to the benefit of Assignee,its successors and Assigns. ....................................... ................... ........ .......... ................... 8. Closing Date This Assignment shall not be or become effective until the date of closing of the Asset Purchase Agreement takes place (the "Closing Date"), when this Assignment shall become effective without the necessity of any notice or other action by any party, In witness whereof,the parties have executed this Assignment. 10ty of Elgin] By: Name: Title: WM Curbside, LLC By: Title: Curbside c By: Name: W� Title: are. ���,�