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
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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
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ATTACHMENT A
[See attached]
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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
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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
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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
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"waste" shall be synonymous unless otherwise more specifically defined (for
example,"yard waste�.
(b) "Solid Waste" shall be the general term encompassing all refuse, 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.
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(e) "Household Construction and Demolition Debris"or"Debris"shall mean waste
materials from interior and exterior household construction, remodeling and
repair projects, including, but not limited to drywall, plywood, and paneling
pieces, )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
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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
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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
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paid disposal sticker to each proper "disposal unit" above the base level service
provided by the City.
(n) The term "Stop"shall be synonymous with the term household".
?. SCOPE OF WORK
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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
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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
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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
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and under common law,for any release or threatened release of the waste material collected by the
Contractor,both before and after its disposal-
10. ASSIGNMENT
Prior to the beginning 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
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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
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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)
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Total cubic yards or tons of solid waste collected per community clean-up or special
event
Total tons of street sweepings disposed of per month
► Additional statistical information as may be reasonably requested by the City
The-data shall be included with the monthly invoice and shall be provided in a format
acceptable to the City. The Contractor shall conduct quarterly 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.
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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
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be in writing. In the event the City designates a specific Disposal Site to be utilized by the
Contractor, the Contractor shall commence utilizing such Disposal Site for the processing and
disposition of solid waste collected by the Contractor pursuant to this Agreement within thirty(30)
days of such designation by the City. In the event the City designates a specific Disposal Site such
designated Disposal Site shall be.located within the corporate limits of the City of Elgin. In the
event the City designates a specific Disposal Site pursuant to this section, payments due from,the
City to the Contractor 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
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will be decreased in the amount of such disposal cost savings realized by the Contractor for the
preceding quarter. The parties agree to provide the other party with reasonable documentation
necessary for the parties to make the determination on any additional disposal costs or disposal cost
savings to the Contractor regarding the use of a Disposal Site specified by the City. 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.
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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.
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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
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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
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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.
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These receptacles shall be furnished and maintained by the City. The City reserves the right
to add new locations as necessary,not to exceed 10 per year, throughout the term of the contract.
Any schedule changes must be approved in advance by the City's Solid Waste Coordinator,
31. HOUSEHOLD HAZARDOUS WASTE PROGRAM%SPONSORSHIP
The Contractor will contribute to the City$1.00 annually per household stop covered under
this contract;a 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
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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
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"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
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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
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45. INSURANCE
At the Contractor's expense, the Contractor shall secure and maintain in effect throughout
the duration of this Agreement,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,
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(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
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action against the City,its officials,officers,employees,agents,boards or commissions covered by
the foregoing duty to indemnify,defend and hold 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
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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
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The Rate for One(1)Disposal Sticker x 4.33
64 Gallon Cart
The Rate for Two (2)Disposal Stickers x 4.33
96 Gallon. Cart
The Rate for Two (3)Disposal Stickers x 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
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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
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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.
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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.
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-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
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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.
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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,
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in any event, not later than noon of the date
following collection, and it shall not be disposed of
in violation of . any state, federal, city or county
laws or regulations. prior to the commencement of
this contract, the Contractor shall notify the City in
writing of the Disposal Sites that will be used to
process or dispose of solid waste collected under this
Agreement. The Contractor shall notify the City in
writing of any changes in Disposal Sites used within
thirty days of the proposed change.
The City reserves and has the right and
option to designate specific Disposal Sites, including
but not limited to solid waste transfer stations, to
be utilized by the Contractor for the processing or
disposition of the solid waste collected by the
Contractor pursuant to this Agreement. In the event
the City designates a specific Disposal Site to be
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
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designates a specific Disposal Site such designated
Disposal Site shall ' be located within the corporate
limits of the City of Elgin. In the event the City
designates .a . specific Disposal 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
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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
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regarding the use of a Disposal Site specified by the
City. . In the event the City designates a specific
Disposal Site to be utilized by the Contractor, and
such Disposal Site is not owned, controlled or
operated by the Contractor or an affiliated company of
the Contractor, it is agreed that the provisions of
Article 2, Section 9 entitled "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:
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"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
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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
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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
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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
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(hereinafter referred to as the "Subject First Amended Host City
Agreement" ) ; and-
WHEREAS, the City and the Contractor wish to further amend
the Subject Collection Agreement as provided in this Second
Amendment Agreement .
NOW, THEREFORE, for and in consideration of the mutual
premises contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows :
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
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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
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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.
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"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.
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"Total Waste"means all of the Waste received at the Transfer Station and all Recyclable
Material.
"Transfer Station" shall have the meaning given in the recitals.
"Transfer Station Site"shall have the meaning given in the first Recital.
"Unpermitted Waste"means and includes the following:
(i) Hazardous Wastes;
(ii) Special Waste;
(iii) Soils;
(iv) Industrial Process Wastes(whether or not a Special Waste);
(v) Pollution Control Waste-(whether or not a Special Waste);
(vi) Sludge;
(vii} Potentially Infectious Medical Waste;
(viii) Poly-chlorinated byphenyls;
(ix) Source,special or by-product nuclear materials;
(x) Radioactive waste(both high and 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.
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(a) Waste Management covenants and agrees that it shall not receive at the
Transfer Station more than 3000 tons of Total Waste per day(calculated on a rolling twelve(12)
month average based upon six (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,
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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.
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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.
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(2) Controlled Transfer Trailers traveling to the Transfer Station from
the North shall enter the existing corporate limits of the City on
Route 20 or on Randall Road, and proceed on Route 20 to 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
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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
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collected by Waste Management under the City's existing contract with Waste Management for
hauling Municipal Waste and Recyclable Materials. If, in the future, the City requires any other
contractor with whom the City may have a waste hauling contract (hereinafter called a "City
Waste Contractor") to transport the Municipal Waste and Recyclable Materials collected by it
within the City to the Transfer Station, then Waste Management shall accept such waste at the
Transfer Station, if allowed, and the total fee charged by Waste Management to the City Waste
Contractor for Disposal of all of the City's Municipal Waste and Recyclable Material shall be
five percent (5%) less-than the posted gate rate customarily charged by Waste Management,
including all taxes, fees and surcharges. Notwithstanding anything to the contrary herein, the
City shall have no right to require Waste Management to transport to, or accept at the Transfer
Station,any Unpermitted Waste.
11. Waste Management Indemnification and Insurance.
a. Waste Management shall, to the maximum extent permitted by law,
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
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adverse health effects, contribution and third party claims, and any actions required pursuant to
the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42
U.S.C-A. Section 9601, et seq_, as amended from time to time, and all other applicable statutes,
regulations and under common law, for any release or threatened release of the Waste collected
by, stored at and transferred to or from the Transfer Station. If Waste Management accepts the
defense and indemnity of a claim made against the City and tendered by the City to Waste
Management under this Section 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:
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(1) Commercial General Liability insurance in an amount not less than
$1,000,000.00 per occurrence and a combined limit of
$2,000,000.00, with a maximum deductible or self-insured
retention of$100,000.00;
(2) Excess liability insurance covering claims in excess of the
underlying insurance described in Section 11.c(1) above, with a
$3,000,000 minimum limit;
(3) Workers Compensation Insurance as required by Illinois law and
regulations;and
(4) Employer's Liability Insurance in the amount of 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)).
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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.
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b. Waste Management may construct utilities, including water mains,
sanitary sewer mains and a force main on and off the Transfer Station Site for the benefit of other
properties situated within or outside of the City ("Regional Utility Improvements"). If Waste
Management is unable to secure directly from the owners or developers of such properties
reimbursement of the proportionate share of the cost of the Regional Utility Improvements, the
City shall enter into a recapture agreement for the purpose of ensuring that Waste Management
recaptures from such other properties the proportionate share of such costs. For purposes of this
Agreement,proportionate share shall be determined in accordance with the percentage of the cost
of such Regional Utility Improvements that is attributable to each of the properties designated on
a service area
C. In the event Waste Management is unable to obtain utility easements over,
under, across, or through property not owned or controlled by Waste Management or not owned
by the City or under City's control which are necessary to construct utility lines to the Transfer
Station Site, the City shall use, to the 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.
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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
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accountant.or other consultant selected by the City upon five(5) business days notice to Waste
Management.
C. Waste Management covenants and agrees to fully cooperate with the City
or its designee during any audit and/or inspection, to.respond timely and fully to any questions or
requests,and to make available Waste Management's employees for interviews.
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
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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.
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d. All rights and remedies of the City set forth in this Agreement which shall
be cumulative,and no remedy available to the City shall be exclusive of any other remedy.
e. Except for Waste Management's obligation to pay the Host Benefit Fee to
the City,in no event shall either party, or 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
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. . . .. ...... ..... ................ .. ......... . . . .... .... ... . . .. ..... ........................ .. ..... . .. . ... ..
(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
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IN WITNESS WHEREOF, the City and Waste Management have caused this Host City
Agreement to be executed by their duly authorized representatives on the day and year written
above.
WASTE MANAGEMENT CITY OF ELGIN
OF ILLINOIS,INC
Its: S�. �Q In � -��Q� , Its:
Attest: Attest:
Bye- ,11� By:
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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
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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.
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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:
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j APPROVED AS TO CONTENT
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DATE:
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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
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C.DpYRght 0.2009 Cmbside Inc. Page 1'
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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
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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.
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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.
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Copyright®2009 Curbside Inc.
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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.
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_ - ^�%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.
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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
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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.
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Copyright*2009 Urbside ina Page 6
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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
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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
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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
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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.
....................................... ...................
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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. ���,�