The URL can be used to link to this page

City Council Packet 2012 02-14-12 C United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 o i � � � Telephone: 630-553-4350 Fax: 630-553-7575 <LE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday,February 14, 2012 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV George Gilson,Jr. Jackie Milschewski Marty Munns Rose Ann Spears Carlo Colosimo Larry Kot Chris Funkhouser Diane Teeling Establishment of Quorum: Amendments to Agenda: Presentations: 1. Donation to Yorkville Parks and Recreation Fishing Programs Public Hearings: Citizen Comments: Consent Agenda: 1. CC 2012-11 Bills for Payment - $686,617.99 2. ADM 2011-44 City Services Survey—approve survey format and questions for distribution to City residents and businesses 3. PS 2012-06 Request to Purchase Virtual Server Solution for City/Police Department—authorize the purchase of a virtual server solution from Software Performance Specialists, Inc. in an amount not to exceed$45,582.00 Minutes for Approval: 1. CC 2012-12 Minutes of the City Council—January 10, 2012 2. CC 2012-13 Minutes of the City Council—January 24, 2012 Mayor's Report: 1. PW 2012-07 Blackberry Creek Dam Intergovernmental Agreement 2. CC 2012-09 Resolution for TIPS/TAPS Program Participation 3. CC 2012-14 Solid Waste Collection RFP—Oswego and Yorkville City Council Meeting Agenda February 14, 2012 Page 2 Public Works Committee Report: Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Park Board: Plan Commission: Zoning Board of Appeals: City Council Report: City Clerk's Report: 1. CC 2012-15 MFT Audit Report No. 60 for January 1, 2008 — December 31, 2010 City Treasurer's Report: Community and Liaison Report: Staff Report: Presentations (cont'd): 2. CC 2012-10 Fiscal Year 2013 Budget Presentation Additional Business: Executive Session: 1. Security procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. 2. The purchase or lease of real property for use of the public body. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES !ADMINISTRATION: February 16, 2012—_6:00 p.m.—City Hall Conference Room; Committee Departments Liaisons Chairman: Alderman Spears Finance Library Vice-Chairman: Alderman Gilson Administration Committee: Alderman Colosimo Committee: Alderman Munns City Council Meeting Agenda February 14, 2012 Page 3 COMMITTEES, MEMBERS AND RESPONSIBILITIES (cont'd) ;ECONOMIC DEVELOPMENT: March 6, 2012_–7.00 m.–City Hall Conference_Roo -------------- — -------- -------------- -------- — -- Committee Departments Liaisons Chairman: Alderman Munns Community Development Plan Commission Vice-Chairman: Alderman Funkhouser Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Milschewski Kendall Co. Plan Commission Committee: Alderman Teeling PUBLIC SAFETY: March-1,_2012–6:30 m.–Cit Hall Conference Room Committee Departments Liaisons Chairman: Alderman Colosimo Police Human Resource Comm. Vice-Chairman: Alderman Kot School District Committee: Alderman Spears Committee: Alderman Funkhouser !PUBLIC WORKS: February 21, 2012=6:00p.m.=Cites Hall_Conference Room Committee Departments Liaisons Chairman: Alderman Gilson Public Works Park Board Vice-Chairman: Alderman Milschewski Engineering YBSD Committee: Alderman Kot Parks and Recreation Committee: Alderman Teeling UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, February 14, 2012 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATION: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Donation to Yorkville Parks and Recreation Fishing Programs ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-11 Bills for Payment - $686,617.99 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2011-44 City Services Survey ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. PS 2012-06 Request to Purchase Virtual Server Solution for City/Police Department ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-12 Minutes of the City Council —January 10, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2012-13 Minutes of the City Council—January 24, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2012-07 Blackberry Creek Dam Intergovernmental Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2012-09 Resolution for TIPS/TAPS Program Participation ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2012-14 Solid Waste Collection RFP—Oswego and Yorkville ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- CITY CLERK'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-15 MFT Audit Report No. 60 for January 1, 2008 —December 31, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATION: ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2012-10 Fiscal Year 2013 Budget Presentation ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- 0 CIP Reviewed By: Agenda Item Number J� 6 Legal ❑ CA#1 EST. 1&36 ■ Engineer ❑ Tracking Number Gy City Administrator El r� �! �© Public Works El CC 2012-11 Agenda Item Summary Memo Title: Bill Payments - $686,617.99 Meeting and Date: City Council 2/14/12 Synopsis: Approval of bill payments. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512694 AACVB AURORA AREA CONVENTION 123111-ALL 01/25/12 01 ADMIN SERVICES-ALL SEASONS 01-640-54-00-5481 18.79 02 DECEMBER 2011 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 18.79 * 123111-HAMPTON 12/14/11 01 ADMIN SERVICES-HAMPTON INN 01-640-54-00-5481 2,043.43 02 DECEMBER HOTEL TAX ** COMMENT ** INVOICE TOTAL: 2,043.43 * 123111-SUPER 12/19/11 01 ADMIN SERVICES-SUPER 8 01-640-54-00-5481 902.04 02 DECEMBER 2011 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 902.04 * 2011-SUNSET 01/20/12 01 ADMIN SERVICES-SUNSET MOTEL 01-640-54-00-5481 114.02 02 2011 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 114.02 * CHECK TOTAL: 3,078.28 512695 APA AMERICAN PLANNING ASSOCIATION 239564-11116 01/17/12 01 COMM/DEV-ANNUAL SUBSCRIPTION 01-220-56-00-5645 50.00 02 RENEWAL TO THE COMMISSIONER ** COMMENT ** 03 NEWSLETTER ** COMMENT ** INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 512696 ARAMARK ARAMARK UNIFORM SERVICES 610-7371524 01/10/12 01 STREETS-UNIFORMS 01-410-56-00-5600 27.57 02 WATER OP-UNIFORMS 51-510-56-00-5600 27.57 03 SEWER OP-UNIFORMS 52-520-56-00-5600 27.59 INVOICE TOTAL: 82.73 610-7381225 01/17/12 01 STREETS-UNIFORMS 01-410-56-00-5600 27.82 DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------------------------- 512696 ARAMARK ARAMARK UNIFORM SERVICES 610-7381225 01/17/12 02 WATER OP-UNIFORMS 51-510-56-00-5600 27.82 03 SEWER OP-UNIFORMS 52-520-56-00-5600 27.81 INVOICE TOTAL: 83.45 610-7390654 01/24/12 01 STREETS-UNIFORMS 01-410-56-00-5600 27.81 02 WATER OP-UNIFORMS 51-510-56-00-5600 27.82 03 SEWER OP-UNIFORMS 52-520-56-00-5600 27.82 INVOICE TOTAL: 83.45 CHECK TOTAL: 249.63 512697 ATT AT&T 6305533436-0112 01/25/12 01 POLICE-MONTHLY CHARGES 01-210-54-00-5440 44.46 INVOICE TOTAL: 44.46 * 6305536805-0112 01/25/12 01 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 91.28 INVOICE TOTAL: 91.28 * CHECK TOTAL: 135.74 512698 ATTGLOB AT&T GLOBAL SERVICES, INC. IL795125 01/09/12 01 ADMIN-MAINTENANCE BILLING FOR 01-110-54-00-5462 981.60 02 JANUARY - APRIL ** COMMENT ** 03 ADMIN-MAINTENANCE BILLING FOR 01-000-14-00-1400 490.80 04 MAY - JULY ** COMMENT ** INVOICE TOTAL: 1,472.40 * CHECK TOTAL: 1,472.40 512699 ATTINTER AT&T INTERNET SERVICES 842804266--8-1211 01/09/12 01 ADMIN-T.1 SERVICE 01-110-54-00-5440 587.57 INVOICE TOTAL: 587.57 CHECK TOTAL: 587.57 DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512700 BANCAMER BANC OF AMERICA LEASING 12056958-C 01/21/12 01 FINANCE-COPIER LEASE 01-120-54-00-5485 143.00 02 ADMIN-COPIER LEASE 01-110-54-00-5485 143.00 03 COMM/DEV-COPIER LEASE 01-220-54-00-5485 136.50 04 ENG-COPIER LEASE 01-150-54-00-5485 136.50 05 POLICE-COPIER LEASES 01-210-54-00-5485 277.00 06 WATER OP-COPIER LEASE 51-510-54-00-5485 33.00 07 SEWER OP-COPIER LEASE 52-520-54-00-5485 33.00 08 STREETS-COPIER LEASE 01-410-54-00-5485 33.00 INVOICE TOTAL: 935.00 * CHECK TOTAL: 935.00 512701 BATTERYS BATTERY SERVICE CORPORATION 217916 01/20/12 01 SEWER OP-BATTERY 52-520-56-00-5640 18.81 INVOICE TOTAL: 18.81 * CHECK TOTAL: 18.81 512702 BCBS BLUE CROSS BLUE SHIELD 010612 01/06/12 01 ADMIN SERVICES-FEBRUARY 01-640-52-00-5216 76,261.26 02 MEDICAL INSURANCE ** COMMENT ** 03 ADMIN-SERVICES-FEBRUARY DENTAL 01-640-52-00-5223 6,813.44 04 INSURANCE ** COMMENT ** INVOICE TOTAL: 83,074.70 * CHECK TOTAL: 83,074.70 512703 BPAMOCO BP AMOCO OIL COMPANY 32949156-PD 01/24/12 01 POLICE-GASOLINE 01-210-56-00-5695 268.84 INVOICE TOTAL: 268.84 * CHECK TOTAL: 268.84 -3- DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512704 BPAMOCO BP AMOCO OIL COMPANY 32949157-PW 01/24/12 01 STREETS-GASOLINE 01-410-56-00-5695 220.61 02 WATER OP-GASOLINE 51-510-56-00-5695 220.60 03 SEWER OP-GASOLINE 52-520-56-00-5695 220.60 INVOICE TOTAL: 661.81 * CHECK TOTAL: 661.81 512705 BRENNTAG BRENNTAG MID-SOUTH, INC. BMS145894 01/11/12 01 WATER OP-CHEMICALS 51-510-56-00--5638 1,428.50 INVOICE TOTAL: 1,428.50 * BMS145895 01/11/12 01 WATER OP-CHEMICALS 51-510-56-00-5638 983.50 INVOICE TOTAL: 983.50 * BMS904170 01/12/12 01 WATER OP-DRUM RETURN CREDIT 51-510-56-00-5638 -450.00 INVOICE TOTAL: -450.00 * BMS904171 01/12/12 01 WATER OP-DRUM RETURN CREDIT 51-510-56-00-5638 -300.00 INVOICE TOTAL: -300.00 * CHECK TOTAL: 1,662.00 512706 CALLONE UNITED COMMUNICATION SYSTEMS 1010-7980-0000-0112C 01/15/12 01 ADMIN-ADMIN LINES 01-110-54-00-5440 209.76 02 ADMIN-CITY HALL NORTEL 01-110-54-00-5440 277.02 03 POLICE-CITY HALL NORTEL 01-210-54-00-5440 277.02 04 WATER OP-CITY HALL NORTEL 51-510-54-00-5440 277.02 05 POLICE-POLICE LINES 01-210-54-00-5440 636.38 06 POLICE-CITY HALL FIRE 01-210-54-00-5440 44.60 07 ADMIN-CITY HALL FIRE 01-110-54-00-5440 44.60 08 WATER OP-PUBLIC WORKS LINES 51-510-54-00-5440 1,013.18 INVOICE TOTAL: 2, 779.58 CHECK TOTAL: 2, 779.58 n DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512707 CAMBRIA CAMBRIA SALES COMPANY INC. 31971 01/03/12 01 ADMIN-GARBAGE BAGS, TOILET 01-110-56-00-5610 77.09 02 TISSUE ** COMMENT ** INVOICE TOTAL: 77.09 * 32029 01/19/12 01 SEWER OP-PAPER TOWEL, TOILET 52-520-56-00-5620 112.17 02 TISSUE ** COMMENT ** INVOICE TOTAL: 112.17 * CHECK TOTAL: 1.89.26 512708 CARGILL CARGILL, INC 2900334824 01/06/12 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2,710.96 INVOICE TOTAL: 2,710.96 * 2900375049 01/25/12 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2,827.36 INVOICE TOTAL: 2,827.36 * CHECK TOTAL: 5,538.32 512709 CDWG CDW GOVERNMENT INC. D087955 01/05/12 01 ADMIN SERVICES-ACROBAT FOR 2 01-640-54-00-5462 583.14 02 COMPUTERS ** COMMENT ** INVOICE TOTAL: 583.14 * CHECK TOTAL: 583.14 512710 COMED COMMONWEALTH EDISON 1407125045-1211 01/06/12 01 SEWER OP-FOXHILL 7 LIFT 52-520-54-00-5480 112.35 INVOICE TOTAL: 112.35 * 2668047007-1211 12/30/11 01 SEWER OP-1908 RAINTREE RD 52-520-54-00-5480 240.89 INVOICE TOTAL: 240.89 * -G- DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -------------------------------------------------------------------------------------------------------------- 512710 COMED COMMONWEALTH EDISON 4329092028-0112 01/24/12 01 WATER OP-421 POPLAR DR 51-510-54-00-5480 1,004.46 INVOICE TOTAL: 1, 004.46 * 7090039005-1211 01/11/12 01 STREETS-LIGHTS 01-410-54-00-5480 21.35 INVOICE TOTAL: 21.35 * 8344010026-0112 01/25/12 01 STREETS-LIGHTS 01-410-54-00-5480 521.26 INVOICE TOTAL: 521.26 * CHECK TOTAL: 1,900.31 512711 DAVEAUTO DAVID L CHELSEN 18879 01/12/12 01 ADMIN SERVICES 10/23/11 01-640-56-00-5625 195.00 02 ACCIDENT REPAIRS ** COMMENT ** INVOICE TOTAL: 195.00 * 18880 01/12/12 01 POLICE-TIE ROD, TIRES ROTATED 01-210-54-00-5495 125.00 INVOICE TOTAL: 125.00 * CHECK TOTAL: 320.00 512712 DEPO DEPO COURT REPORTING SVC, INC 15265 01/06/12 01 POLICE-DECEMBER 21 ADMIN 01-210-54-00-5467 175.00 02 HEARING ** COMMENT ** INVOICE TOTAL: 175.00 15266 01/06/12 01 POLICE-DECEMBER 28 ADMIN 01-210-54-00-5467 175.00 02 HEARING ** COMMENT ** INVOICE TOTAL: 175.00 15267 01/06/12 01 POLICE JANUARY 4 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 _R_ DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------------------------- 512712 DEPO DEPO COURT REPORTING SVC, INC 15299 01/27/12 01 DEVELOPER ESCROW-GRANDE 90-034-34-00-0011 290.15 02 RESERVE PUBLIC HEARING ** COMMENT ** INVOICE TOTAL: 290.15 * 15301 01/27/12 01 POLICE JAN. 11 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 * 15302 01/27/12 01 POLICE-JAN. 18 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 * 15303 01/27/12 01 POLICE-JAN. 25 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 * CHECK TOTAL: 1,340.15 512713 DUTEK DU-TEK, INC. 544377 01/13/12 01 STREETS-HOSE ASSEMBLY 01-410-56-00-5640 38.84 INVOICE TOTAL: 38.84 * CHECK TOTAL: 38.84 512714 EEI ENGINEERING ENTERPRISES, INC. 49817 09/22/11 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 697.00 INVOICE TOTAL: 697.00 * 49988 10/27/11 01 ADMIN SERVICES-BRISTOL BAY 01-640-54-00-5465 1,766.25 02 UNIT 5 ** COMMENT ** INVOICE TOTAL: 1,766.25 * 49992 10/27/11 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 438.25 INVOICE TOTAL: 438.25 * 50140 11/29/11 01 ADMIN SERVICES-BRISTOL BAY 01-640-54-00-5465 2,072.75 -7- DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512714 EEI ENGINEERING ENTERPRISES, INC. 50140 11/29/11 02 UNIT 5 ** COMMENT ** INVOICE TOTAL: 2,072.75 50143 11/29/11 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 1,900.50 INVOICE TOTAL: 1,900.50 CHECK TOTAL: 6,874.75 512715 EJEQUIP EJ EQUIPMENT 0046593 08/29/11 01 SEWER OP-HOSE CLAMPS, TUBING 52-520-56-00-5640 70.80 INVOICE TOTAL: 70.80 * CHECK TOTAL: 70.80 512716 ERICKSON ERICKSON CONSTRUCTION 020112 02/01/12 01 COMM/DEV-JANUARY PLUMBING 01-220-54-00-5459 910.00 02 INSPECTIONS ** COMMENT ** INVOICE TOTAL: 910.00 * CHECK TOTAL: 910.00 512717 EXELON EXELON ENERGY 200306900200 01/11/12 01 WATER OP-LIGHTS 51-510-54-00-5480 290.29 INVOICE TOTAL: 290.29 * 200307000170 01/26/12 01 WATER OP-LIGHTS 51-510-54-00-5480 2,929.66 INVOICE TOTAL: 2,929.66 * CHECK TOTAL: 3,219.95 512718 EYEMED FIDELITY SECURITY LIFE INS. -R- DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512718 EYEMED FIDELITY SECURITY LIFE INS. 588935 01/17/12 01 ADMIN SERVICES-FEBRUARY VISION 01-640-52-00-5223 825.72 02 INSURANCE ** COMMENT ** INVOICE TOTAL: 825.72 CHECK TOTAL: 825.72 512719 FARREN FARREN HEATING & COOLING 7463 01/13/12 01 STREETS-REPLACED HOT SURFACE 01-410-56-00-5656 257.04 02 IGNITOR FOR COUNCIL CHAMBER ** COMMENT ** INVOICE TOTAL: 257.04 7471 01/17/12 01 STREETS-REPAIRED LOOSE WIRE IN 01-410-56-00-5656 115.00 02 IGNITION CONTROL ** COMMENT ** INVOICE TOTAL: 115.00 CHECK TOTAL: 372.04 512720 FIRSRESP FIRST RESPONSE DRAIN SERVICE 1236 02/02/12 01 STREETS-BEECHER PLUMBING 01-410-56-00-5656 400.00 02 REPAIR ** COMMENT ** INVOICE TOTAL: 400.00 CHECK TOTAL: 400.00 512721 FIRST FIRST PLACE RENTAL 218374-1 10/31/11 01 STREETS-RED FLAG STAKES 01-410-56-00-5620 36.00 INVOICE TOTAL: 36.00 CHECK TOTAL: 36.00 512722 FIRSTNON FIRST NONPROFIT UNEMPLOYEMENT DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512722 FIRSTNON FIRST NONPROFIT UNEMPLOYEMENT 012512 01/25/12 01 ADMIN SERVICES 1ST QUARTER 01-640-52-00-5230 21, 739.25 02 2012 ** COMMENT ** INVOICE TOTAL: 21, 739.25 CHECK TOTAL: 21,739.25 512723 FREDRICR ROB FREDRICKSON 012312 01/23/12 01 FINANCE-TABS FOR BUDGET BOOKS 01-120-56-00-5610 69.19 INVOICE TOTAL: 69.19 * 020112 02/01/12 01 FINANCE-JANUARY MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 114.19 512724 GARDKOCH GARDINER KOCH & WEISBERG H-1845C-80549 12/10/11 01 ADMIN SERVICES-KENCOM MATTERS 01-640-54-00-5461 84.00 INVOICE TOTAL: 84.00 H-1845C-81160 01/09/12 01 ADMIN SERVICES-LAY-COM MATTERS 01-640-54-00-5461 226.55 INVOICE TOTAL: 226.55 H-1974C-81158 01/09/12 01 ADMIN SERVICES-IEPA MATTERS 01-640-54-00-5461 2,895.25 INVOICE TOTAL: 2,895.25 H-2013C-81157 01/09/12 01 ADMIN SERVICES-HAMMAN FEES 01-640-54-00--5461 4,341.33 02 MATTERS ** COMMENT ** INVOICE TOTAL: 4,341.33 H-2364C 81159 01/09/12 01 ADMIN SERVICES-KIMBALL HILL 01-640-54-00-5461 18.50 02 MATTERS ** COMMENT ** INVOICE TOTAL: 18.50 CHECK TOTAL: 7,565.63 in_ DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512725 GODWINL LISA R. GODWIN 011712 01/12/12 01 ADMIN JAN. 17 PW MEETING 01-110-54-00-5462 138.09 02 MINUTES ** COMMENT ** INVOICE TOTAL: 138.09 * 011812 01/20/12 01 ADMIN-01/18/12 CULTURAL 01-110-54-00-5462 35.00 02 COMMISSION MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 35.00 * CHECK TOTAL: 173.09 512726 GOLINSKI GARY GOLINSKI 020112 02/01/12 01 ADMIN-JANUARY MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 512727 GRANDREN GRAND RENTAL STATION 15896 01/12/12 01 STREETS-POWER RODDER FOR 01-410-56-00-5656 39.60 02 BEECHER CENTER REPAIRS ** COMMENT ** INVOICE TOTAL: 39.60 CHECK TOTAL: 39.60 512728 HACH HACH COMPANY 7579939 01/13/12 01 WATER OP-CHEMICALS 51-510-56-00-5638 952.82 INVOICE TOTAL: 952.82 CHECK TOTAL: 952.82 512729 HARRIS HARRIS COMPUTER SYSTEMS DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512729 HARRIS HARRIS COMPUTER SYSTEMS CT001513 09/12/11 01 FINANCE-MSI UPGRADE 01-120-54-00-5462 2,067.50 INVOICE TOTAL: 2,067.50 * XT00002918 12/31/11 01 FINANCE-MSI USER CONFERENCE 01-120-54-00-5412 25.00 02 REGISTRATION FOR 1 PERSON ** COMMENT ** INVOICE TOTAL: 25.00 * XT00002920 12/31/11 01 FINANCE-NEW RECEIPT PRINTER 01-120-56-00-5635 485.00 INVOICE TOTAL: 485.00 * CHECK TOTAL: 2,577.50 512730 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 4240589 01/09/12 01 WATER OP-BATTERY FOR WATER 51-510-56-00-5664 140.00 02 METER READING UNIT ** COMMENT ** INVOICE TOTAL: 140.00 * 4260669 01/10/12 01 WATER OP-4 100CF METERS 51-510-56-00-5664 739.90 INVOICE TOTAL: 739.90 * 4300870 01/19/12 01 WATER OP-METER REPAIR PARTS 51-510-56-00-5664 644.34 INVOICE TOTAL: 644.34 * 4300882 01/19/12 01 WATER OP-METER REPAIR PARTS 51-510-56-00-5664 239.07 INVOICE TOTAL: 239.07 * CHECK TOTAL: 1, 763.31 512731 HOMEDEPO HOME DEPOT 3142402 12/08/11 01 STREETS-STREETLIGHT BULBS 01-410-56-00-5640 18.02 INVOICE TOTAL: 18.02 * 4084021 05/25/10 01 STREETS-RETURNED MERCHANDISE 01-410-56-00-5656 -4.97 _i,>- DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512731 HOMEDEPO HOME DEPOT 4084021 05/25/10 02 CREDIT ** COMMENT ** INVOICE TOTAL: -4.97 * 512504 12/16/11 01 STREETS-FILTERS 01-410-56-00-5640 13.00 INVOICE TOTAL: 13.00 * 7095316 06/17/11 01 STREETS-RETURNED MERCHANDISE 01-410-56-00-5656 -9.05 02 CREDIT ** COMMENT ** INVOICE TOTAL: 9.05 * CHECK TOTAL: 17.00 512732 HUNTERJ JOHN HUNTER 010912 01/09/12 01 POLICE--ET TRAINING MEAL 01-210-54-00-5415 39.26 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 39.26 * CHECK TOTAL: 39.26 512733 IGFOA ILLINOIS GFOA DUES-11918 01/09/12 01 FINANCE-ANNUAL MEMBERSHIP DUES 01-120-54-00-5460 195.00 INVOICE TOTAL: 195.00 * CHECK TOTAL: 195.00 512734 ILLCO ILLCO, INC. 1220888 01/18/12 01 WATER OP-REPAIR AT WELL 3 & 4 51-510-56-00-5638 31.59 02 TREATMENT PLANT ** COMMENT ** INVOICE TOTAL: 31.59 * 1220976 01/19/12 01 STREETS-THERMOCOUPLE 01-410-56-00-5656 8.95 INVOICE TOTAL: 8.95 * CHECK TOTAL: 40.54 _�3_ DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512735 ILPD4778 ILLINOIS STATE POLICE 012712 01/27/12 01 ADMIN-BACKGROUND CHECK 01-110-54-00-5462 34.25 INVOICE TOTAL: 34.25 CHECK TOTAL: 34.25 512736 ILPDSEX ILLINOIS STATE POLICE SOR FUND-012512 01/25/12 01 ADMIN-SEX OFFENDER 01-000-24-00-2437 30.00 02 REGISTRATION FUND ** COMMENT ** INVOICE TOTAL: 30.00 CHECK TOTAL: 30.00 512737 INTEGRYS INTEGRYS ENERGY SERVICES, INC 18624367-1 01/09/12 01 WATER OP-2921 BRISTOL RIDGE 51-510-54-00-5480 6,562.16 INVOICE TOTAL: 6,562.16 * 18624373-1 01/09/12 01 WATER OP-2224 TREMONT STREET 51-510-54-00--5480 3,342.42 INVOICE TOTAL: 3,342.42 * 18632887-1 01/09/12 01 WATER OP-WELLS 3 & 4 51-510-54-00-5480 5,358.47 INVOICE TOTAL: 5,358.47 * 18638576-1 01/10/12 01 SEWER OP--420 FAIRHAVEN DR 52-520-54-00-5480 452.30 INVOICE TOTAL: 452.30 * 18753206-1 01/26/12 01 WATER OP-2702 MILL RD 51-510-54-00-5480 2,669.04 INVOICE TOTAL: 2,669.04 * CHECK TOTAL: 18,384.39 512738 INTLCODE INTERNATIONAL CODE COUNCIL INC 2867656 01/03/12 01 COMM/DEV-ANNUAL DUES 01-220-54-00-5460 125.00 INVOICE TOTAL: 125.00 * CHECK TOTAL: 125.00 DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -------------------------------------------------------------------------------------------------------------------------------------- 512739 ITRON ITRON 228018 01/12/12 01 WATER OP-FEBRUARY HOSTING 51-510-54-00-5462 456.23 02 SERVICES ** COMMENT ** INVOICE TOTAL: 456.23 CHECK TOTAL: 456.23 512740 JEWEL JEWEL 122811 12/28/11 01 ADMIN-NAPKINS, DISH SOAP, 01-110-56-00-5610 19.37 02 PAPER TOWELS, KLEENEX ** COMMENT ** INVOICE TOTAL: 19.37 CHECK TOTAL: 19.37 512741 JIMSTRCK JAMES GRIBBLE 138935 01/09/12 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 CHECK TOTAL: 26.00 512742 JOHNSONJ JOHNSON, JEFFREY 010912 01/09/12 01 POLICE-ET TRAINING MEAL 01-210-54-00-5415 49.85 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 49.85 CHECK TOTAL: 49.85 512743 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 012712 01/27/12 01 POLICE-2012 MEMBERSHIP RENEWAL 01-210-54-00-5460 275.00 INVOICE TOTAL: 275.00 CHECK TOTAL: 275.00 DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512744 KENPRINT ANNETTE M. POWELL 18714 12/14/11 01 ADMIN-500 BUSINESS CARDS 01-110-56-00-5610 29.00 INVOICE TOTAL: 29.00 * 18759 01/10/12 01 POLICE-1 SET OF BUSINESS CARDS 01-210-54-00-5430 44.00 INVOICE TOTAL: 44.00 * 18767 01/12/12 01 POLICE-2 SETS OF BUSINESS 01-210-54-00-5430 155.00 02 CARDS ** COMMENT ** INVOICE TOTAL: 155.00 * 18768 01/12/12 01 POLICE-500 NOTICE OF VEHICLE 01-210-54-00-5430 336.40 02 SEIZURE FORMS, 500 ADMIN ** COMMENT ** 03 ORDINANCE NOTICE OF HEARING ** COMMENT ** 04 FORMS ** COMMENT ** INVOICE TOTAL: 336.40 * 18770 01/17/12 01 COMM/DEV-500 BUSINESS CARDS 01-220-56-00-5620 29.00 INVOICE TOTAL: 29.00 * CHECK TOTAL: 593.40 512745 KONICAMI KONICA MINOLTA BUSINESS 219811591 12/30/11 01 POLICE-COPIER CHARGES 01-210-54-00-5430 23.17 INVOICE TOTAL: 23.17 * 219811641 12/30/11 01 POLICE-COPIER CHARGES 01-210-54-00-5430 24.70 INVOICE TOTAL: 24.70 CHECK TOTAL: 47.87 512746 LANEMUCH LAMER, MUCHIN, DOMBROW, BECKER 390868 01/01/12 01 ADMIN SERVICES-GENERAL 01-640-54 -00-5463 3,255.54 -16- DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------------------------------------------- 512746 LANEMUCH LANER, MUCHIN, DOMBROW, BECKER 390868 01/01/12 02 EMPLOYMENT MATTERS ** COMMENT ** INVOICE TOTAL: 3,255.54 CHECK TOTAL: 3,255.54 512747 LARRABER RACHEL WRIGHT 020312 02/03/12 01 FINANCE-IGFOA ACCOUNTING 01-120-54-00-5415 91.02 02 SEMINAR MILEAGE REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 91.02 CHECK TOTAL: 91.02 512748 MARTPLMB MARTIN PLUMBING & HEATING CO. 211667 01/20/12 01 STREETS-CHANGE OUT 50 GALLON 01-410-56-00-5656 895.00 02 WATER HEATER WITH CIRCULATING ** COMMENT ** 03 LINE ** COMMENT ** INVOICE TOTAL: 895.00 CHECK TOTAL: 895.00 512749 MENLAND MENARDS - YORKVILLE 49222 01/07/12 01 POLICE-SQUAD LIGHT 01-210-54-00-5495 3.99 INVOICE TOTAL: 3.99 49834 01/10/12 01 STREETS-PAINT TRAY LINERS, 01-410-56-00-5620 43.09 02 PAINT BRUSHES, PAINT ROLLERS, ** COMMENT ** 03 ROLLER FRAME ** COMMENT ** INVOICE TOTAL: 43.09 50045 01/11/12 01 STREETS-SNOW SHOVELS 01-410-56-00-5630 41.94 INVOICE TOTAL: 41.94 17 DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512749 MENLAND MENARDS - YORKVILLE 50118 01/11/12 01 WATER OP-SCRAPERS 51-510-56-00-5630 9.94 INVOICE TOTAL: 9.94 * 50137 01/11/12 01 POLICE-WINDSHIELD WASHING 01-210-56-00-5620 17.88 02 FLUID ** COMMENT ** INVOICE TOTAL: 17.88 * 50140 01/11/12 01 WATER OP-VELCRO, KEYS 51-510-56-00-5620 7.15 INVOICE TOTAL: 7.15 * 50321 01/12/12 01 STREETS-BULKHEAD UNION 01-410-56-00-5620 12.99 INVOICE TOTAL: 12.99 * 51514 01/17/12 01 STREETS-BEECHER ROOF REPAIR 01-410-56-00-5656 54.06 02 MATERIALS ** COMMENT ** INVOICE TOTAL: 54.06 * 51516 01/17/12 01 STREETS-POSTS, POST SUPPORTS, 01-410-56-00-5620 30.14 02 BOARD ** COMMENT ** INVOICE TOTAL: 30.14 * 51588 01/17/12 01 SEWER OP-TRIGGER TORCH KIT 52-520-56-00--5630 25.97 INVOICE TOTAL: 25.97 * 51595 01/17/12 01 WATER OP-VOLT GUARD FISH TAPE 51-510-56-00-5620 59.83 INVOICE TOTAL: 59.83 * 53098 01/24/12 01 STREETS ROOF TAR USED TO 01-410-56-00-5656 33.98 02 REPAIR BEECHER ROOF ** COMMENT ** INVOICE TOTAL: 33.98 * 53778 01/27/12 01 WATER OP-PLYWOOD 51-510-56-00-5620 9.98 INVOICE TOTAL: 9.98 * CHECK TOTAL: 350.94 _�8_ DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512750 MERLIN DEYCO, INC. 14908 01/11/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * 14910 01/11/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * 15196 01/27/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 34.82 INVOICE TOTAL: 34.82 * CHECK TOTAL: 94.72 512751 MESIROW MESIROW INSURANCE SERVICES INC 758209 01/20/12 01 ADMIN SERVICES-COMMERCIAL 01-640-52-00-5231 3,605.00 02 PACKAGE POLICY PYMNT 4 OF 10 ** COMMENT ** 03 ADMIN-COMMERCIAL PACKAGE 01-000-14-00-1400 7,208.00 04 POLICE PYMNT 4 OF 10 ** COMMENT ** INVOICE TOTAL: 10,813.00 CHECK TOTAL: 10,813.00 512752 METLIFE METLIFE SMALL BUSINESS CENTER 011712 01/17/12 01 ADMIN SERVICES-FEBRUARY LIFE 01-640-52-00-5222 1,132.62 02 INSURANCE ** COMMENT ** INVOICE TOTAL: 1,132.62 CHECK TOTAL: 1,132.62 512753 METROWES METRO WEST COG 874 01/20/12 01 ADMIN LEGISLATIVE BREAKFAST 01-110-54-00-5412 22.00 INVOICE TOTAL: 22.00 CHECK TOTAL: 22.00 DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512754 MJELECT MJ ELECTRICAL SUPPLY, INC. 1123644-01 08/10/11 01 STREETS BULBS 01-410-56-00-5656 344.50 INVOICE TOTAL: 344.50 * 1125787-03 01/10/12 01 STREETS BALLAST KIT 01-410-56-00-5640 55.00 INVOICE TOTAL: 55.00 * 1126295-01 01/10/12 01 WATER OP-UPS BATTERIES 51-510-56-00-5635 113.00 INVOICE TOTAL: 113.00 * 1126296 00 01/10/12 01 STREETS-ELECTRICAL SUPPLIES 01-410-56-00-5656 173.85 02 NEEDED FOR BEECHER CENTER ** COMMENT ** 03 REPAIR - TO BE REIMBURSED BY ** COMMENT ** 04 MEALS ON WHEELS PROGRAM ** COMMENT ** INVOICE TOTAL: 173.85 * 1126322-00 01/11/12 01 STREETS-PHOTOCONTROL 01-410-56-00-5640 75.00 INVOICE TOTAL: 75.00 * 1126322-01 01/17/12 01 STREETS-PHOTOCONTROL 01-410-56-00-5640 75.00 INVOICE TOTAL: 75.00 * 1126349-01 01/13/12 01 WATER OP-UPS BATTERY 51-510-56-00-5635 35.00 INVOICE TOTAL: 35.00 * 1126371-01 01/17/12 01 STREETS-BULBS 01-410-56-00-5640 240.00 INVOICE TOTAL: 240.00 * 1126448-01 01/23/12 01 WATER OP- UPS BATTERIES 51-510-56-00-5638 42.00 INVOICE TOTAL: 42.00 * 1126519-01 01/25/12 01 WATER OP-BATTERY 51-510-56-00-5638 38.00 INVOICE TOTAL: 38.00 * CHECK TOTAL: 1,191.35 -9n- DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512755 MOHMS MIDWEST OCCUPATIONAL HEALTH MS 204073C 01/12/12 01 STREETS-2012 RANDOM 01-410-54-00-5462 100.00 02 CONSORTIUM MANAGEMENT FEES ** COMMENT ** 03 FOR 5 DRIVERS ** COMMENT ** 04 WATER OP-2012 RANDOM 51-510-54-00-5462 80.00 05 MANAGAMENT FEES FOR 4 DRIVERS ** COMMENT ** 06 SEWER OP-2012 RANDOM CONSORT 52-520-54-00-5462 40.00 07 CONSORTIUM MANAGEMENT FEES ** COMMENT ** 08 FOR 2 DRIVERS ** COMMENT ** 09 ** COMMENT ** INVOICE TOTAL: 220.00 * CHECK TOTAL: 220.00 512756 MONTRK MONROE TRUCK EQUIPMENT 293290 01/23/12 01 STREETS-BOLT BEARING 01-410-54-00-5495 68.08 INVOICE TOTAL: 68.08 * CHECK TOTAL: 68.08 512757 NASALT NORTH AMERICAN SALT COMPANY 70792592 01/27/12 01 MFT-SALT 15-155-54-00-5495 32,334.42 INVOICE TOTAL: 32,334.42 * CHECK TOTAL: 32,334.42 512758 NEXTEL NEXTEL COMMUNICATIONS 837900513-119C 01/21/12 01 COMM/DEV-MONTHLY CHARGES 01-220-54-00-5440 150.57 02 POLICE-MONTHLY CHARGES 01-210-54-00-5440 861.16 03 SEWER OP-MONTHLY CHARGES 52-520-54-00-5440 130.86 04 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 201.60 05 STREETS-MONTHLY CHARGES 01-410-54-00-5440 201.46 INVOICE TOTAL: 1,545.85 CHECK TOTAL: 1,545.85 DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512759 NICOR NICOR GAS 07-72-09-0117 7-0112 01/23/12 01 ADMIN-1301 CAROLYN CT 01-110-54-00-5480 29.85 INVOICE TOTAL: 29.85 * 46-69-47-6727 1-RE 01/18/12 01 ADMIN-1975 BRIDGE STREET 01-110-54-00--5480 2.05 INVOICE TOTAL: 2.05 * 61-60-41-1000 9-1211 01/12/12 01 ADMIN-610 TOWER LANE 01-110-54-00-5480 544.29 INVOICE TOTAL: 544.29 * 77-35-71-1000 4-211A 01/11/12 01 ADMIN-131 E HYDRAULIC 01-110-54-00-5480 15.54 INVOICE TOTAL: 15.54 * 83-80-00-1000 7-1211 01/12/12 01 ADMIN--610 TOWER LANE UNIT B 01-110-54-00-5480 158.55 INVOICE TOTAL: 158.55 * CHECK TOTAL: 750.28 512760 NORTTOOL HSBC BUSINESS SOLUTIONS 25474189 01/18/12 01 STREETS-ELECTRIC PUMP MOTOR 01-410-54-00-5495 86.43 INVOICE TOTAL: 86.43 * CHECK TOTAL: 86.43 512761 OFFWORK OFFICE WORKS 200272 01/10/12 01 COMM/DEV-BINDER CLIPS, PAGE 01-220-56-00-5610 20.10 02 FLAGS, PENS ** COMMENT ** INVOICE TOTAL: 20.10 * 200821 01/20/12 01 SEWER OP-CALCULATOR, LEGAL 52-520-56-00-5610 24.43 02 PADS ** COMMENT ** INVOICE TOTAL: 24.43 * CHECK TOTAL: 44.53 -99- DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512762 OHERRONO RAY O'HERRON COMPANY 1126557-IN 11/04/11 01 POLICE-BADGES 01-210-56-00-5600 172.09 INVOICE TOTAL: 172.09 CHECK TOTAL: 172.09 512763 OLSONB BART OLSON 020112 02/01/12 01 ADMIN-JANUARY MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 512764 OMALLEY O'MALLEY WELDING & FABRICATING 14775 01/20/12 01 STREETS-FABRICATION 01-410-56-00-5620 25.30 INVOICE TOTAL: 25.30 CHECK TOTAL: 25.30 512765 PATTEN PATTEN INDUSTRIES, INC. PM6002O5382 01/17/12 01 SEWER OP-FOXHILL LIFT STATION 52-520-56-00-5640 416.50 02 REPAIR ** COMMENT ** INVOICE TOTAL: 416.50 CHECK TOTAL: 416.50 512766 PITBOW PITNEY BOWES 1970458-JA12 01/13/12 01 FINANCE-RENTAL CHARGES FOR 01-120-54-00-5462 700.00 02 10/30/11 - 01/30/12 ** COMMENT ** INVOICE TOTAL: 700.00 CHECK TOTAL: 700.00 DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------ 512767 QUILL QUILL CORPORATION 9275784 01/11/12 01 POLICE-PAPER, PENS, INK 01-210-56-00-5610 173.41 02 CARTRIDGES, LYSOL, CORRECTION ** COMMENT ** 03 TAPE, LAMINATING POUCHES ** COMMENT ** INVOICE TOTAL: 173.41 9736543 01/27/12 01 ADMIN-HANGING BINDERS, BINDER 01-110-56-00-5610 106.16 02 CLIPS, NOTARIAL SEAL, RUBBER ** COMMENT ** 03 BANDS, HANGING FILE FOLDERS, ** COMMENT ** 04 STICKY NOTES, PENS, BATTERIES ** COMMENT ** INVOICE TOTAL: 106.16 CHECK TOTAL: 279.57 512768 R0000405 PEGGY TUTOR 122411 01/13/12 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-24-00-2410 100.00 INVOICE TOTAL: 100.00 CHECK TOTAL: 100.00 512769 R0000993 BARRY CROALL 011812 01/18/12 01 ADMIN-REFUND OF OVERPAYMENT 01-000-13-00-1371 476.61 02 ON ACCOUNT #0109060250-01 ** COMMENT ** INVOICE TOTAL: 476.61 CHECK TOTAL: 476.61 512770 R0000994 ROB CLAESSON 012012 01/20/12 01 ADMIN-PUBLIC HEARING SIGN 01-000-42-00-4210 50.00 02 RETURNED ** COMMENT ** INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 _'2 e_ DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512771 R0000994 ROB CLAESSON 013112 01/31/12 01 DEVELOPER ESCROW-REFUND 90-033-33-00-0011 415.12 02 REMAINING LEGAL DEPOSIT FOR ** COMMENT ** 03 PC 2011-10 & ZBA 2011-12 ** COMMENT ** INVOICE TOTAL: 415.12 CHECK TOTAL: 415.12 512772 R0000995 QUALITY PROPERTY ASSET MGMT 012512 01/25/12 01 ADMIN-REFUND OF OVERPAYMENT 01-000-13-00-1371 307.04 02 ON FINAL BILLS ** COMMENT ** INVOICE TOTAL: 307.04 CHECK TOTAL: 307.04 512773 R0000996 REGIONAL REALTY GROUP 012512 01/25/12 01 ADMIN-REFUND OF OVERPAYMENT 01-000-13-00-1371 376.91 02 ON ACC#010447104-01 ** COMMENT ** INVOICE TOTAL: 376.91 CHECK TOTAL: 376.91 512774 R0001001 DANIEL MARROQUIN 012712 01/27/12 01 ADMIN-REFUND OF OVERPAYMENT 01-000-43-00-4320 2.00 INVOICE TOTAL: 2.00 * CHECK TOTAL: 2.00 512775 R0001002 KOURTNEY MELE 012712 01/27/12 01 ADMIN-REFUNDED TOWING FEE 01-000-43-00-4325 250.00 INVOICE TOTAL: 250.00 * CHECK TOTAL: 250.00 or_ DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512776 R0001004 SHERRY MENG 020112 02/01/12 01 ADMIN-REFUND OVERPAYMENT ON 01-000-13-00-1371 39.41 02 FINAL WATER BILL FOR ** COMMENT ** 03 ACC# 0300504660-00 ** COMMENT ** INVOICE TOTAL: 39.41 CHECK TOTAL: 39.41 512777 ROBEAUTO ROBERTS AUTO REPAIR 9040589 02/01/12 01 STREETS-REPAIR FRAME SWAY AND 01-410-54-00-5495 313.04 02 ADJUST MOTOR MOUNTS ** COMMENT ** 03 WATER OP-REPAIR FRAME SWAY AND 51-510-54-00-5495 313.04 04 ADJUST MOTOR MOUNTS ** COMMENT ** 05 SEWER OP-REPAIR FRAME SWAY AND 52-520-54-00-5495 313.04 06 ADJUST MOTOR MOUNTS ** COMMENT ** INVOICE TOTAL: 939.12 CHECK TOTAL: 939.12 512778 RUSITYORK RUSH-COPLEY HEALTHCARE 5339-CITY 01/16/12 01 SEWER OP-DOT DRUG SCREEN 52-520-54-00-5462 26.00 02 WATER OP-DOT PHYSICAL 51-510-54-00-5462 45.00 INVOICE TOTAL: 71.00 CHECK TOTAL: 71.00 512779 SECBLDR SECURITY BUILDERS SUPPLY CO 218060 01/24/12 01 STREETS-MATERIALS TO REPLACE 01-410-56-00-5656 1,258.00 02 BEECHER CONCESSION STAND ** COMMENT ** 03 DAMAGED DURING BREAK-IN ** COMMENT ** INVOICE TOTAL: 1,258.00 CHECK TOTAL: 1,258.00 _28_ DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512780 SERVMASC SERVICEMASTER COMM. CLEANING 155345 01/15/12 01 ADMIN-CITY OFFICE CLEANING FOR 01-110-54-00-5488 1, 196.00 02 FEBRUARY 2012 ** COMMENT ** INVOICE TOTAL: 1,196.00 CHECK TOTAL: 1,196.00 512781 SHELL SHELL OIL CO. 065159923201-PW 01/06/12 01 STREETS-GASOLINE 01-410-56- 00-5695 821.57 02 WATER OP-GASOLINE 51-510-56 -00-5695 821.57 03 SEWER OP-GASOLINE 52-520-56 00-5695 821.57 INVOICE TOTAL: 2, 464.71 * CHECK TOTAL: 2,464.71 512782 SHELL SHELL OIL CO. 065356230201-PD 01/13/12 01 POLICE GASOLINE 01-210-56-00-5695 5,192.57 INVOICE TOTAL: 5,192.57 * CHECK TOTAL: 5, 192.57 512783 SIRCHIE SIRCHIE ACQUISITION COMPANY 0064964 IN 01/09/12 01 POLICE-CURRENCY/COIN BAGS, 01-210-56-00-5620 148.30 02 INTEGRITY BAGS, EVIDENCE TAPE, ** COMMENT ** 03 HINGE LIFTERS ** COMMENT ** INVOICE TOTAL: 148.30 * 0067325-IN 01/25/12 01 POLICE-CURRENCY/COIN BAGS 01-210-56-00-5620 49.40 INVOICE TOTAL: 49.40 * CHECK TOTAL: 197.70 512784 SLEEZERJ SLEEZER, JOHN _97- DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512784 SLEEZERJ SLEEZER, JOHN 020112 02/01/12 01 STREETS-JANUARY MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 512785 SOFTWARE SOFTWARE PERFORMANCE 410799 12/22/11 01 ADMIN SERVICES-HP6200 PRO 01-640-54-00-5462 749.00 02 STATION ** COMMENT ** INVOICE TOTAL: 749.00 410808 01/04/12 01 ADMIN SERVICES-TRAVEL CHARGE 01-640-54-00-5462 25.00 02 FOR 12/27/11 ** COMMENT ** INVOICE TOTAL: 25.00 410830 01/26/12 01 ADMIN SERVICES-TRAVEL CHARGE 01-640-54-00-5462 25.00 INVOICE TOTAL: 25.00 CHECK TOTAL: 799.00 512786 SPEER SPEER FINANCIAL, INC. D11/11-58 01/19/12 01 FINANCE-CONTINUING DISCLOSURE 01-120-54-00-5462 547.33 INVOICE TOTAL: 547.33 * CHECK TOTAL: 547.33 512787 STEVENS STEVEN'S SILKSCREENING 3578 01/20/12 01 POLICE-SHIRT EMBROIDERY 01-210-56-00-5600 36.00 INVOICE TOTAL: 36.00 * CHECK TOTAL: 36.00 DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512788 STREICH STREICHERS I898048 01/16/12 01 POLICE-TRAINER ROUNDS 01-210-56-00-5696 590.89 INVOICE TOTAL: 590.89 * I898478 01/17/12 01 POLICE-ACTION TRAINER ROUNDS 01-210-56-00-5696 358.50 INVOICE TOTAL: 358.50 * I900381 01/25/12 01 POLICE-VESTS 01-210-56-00-5690 1,215.00 INVOICE TOTAL: 1,215.00 * CHECK TOTAL: 2, 164.39 512789 SUBURBAN SUBURBAN CHICAGO NEWS 233174-12/31/11 01/23/12 01 ADMIN-NEWS PAPER SUBSCRIPTION 01-110-54-00-5490 114.40 02 RENEWAL ** COMMENT ** INVOICE TOTAL: 114.40 * CHECK TOTAL: 114.40 512790 SUPERIOR SUPERIOR ASPHALT MATERIALS LLC 20120011 01/04/12 01 MFT-GRAVEL 15-155-56-00-5633 983.48 INVOICE TOTAL: 983.48 * CHECK TOTAL: 983.48 512791 TAPCO TAPCO I385633 01/10/12 01 MFT-STREET SIGNS 15-155-56-00-5619 99.77 INVOICE TOTAL: 99.77 * I385704 01/11/12 01 MFT-SIGN 15-155-56-00-5619 59.75 INVOICE TOTAL: 59.75 * CHECK TOTAL: 159.52 DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 30 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------------------------- 512792 TREASURE TREASURER STATE OF ILLINOIS FUND 527-012512 01/25/12 01 ADMIN-SEX OFFENDER'S 01-000-24-00-2437 10.00 02 MANAGEMENT BOARD ** COMMENT ** INVOICE TOTAL: 10.00 * FUND 958-012512 01/25/12 01 ADMIN-SEX OFFENDER AWARENESS 01-000-24-00-2437 30.00 02 TRAINING & EDUCATION FUND ** COMMENT ** INVOICE TOTAL: 30.00 * CHECK TOTAL: 40.00 512793 UPS UNITED PARCEL SERVICE 00004296X2022 01/14/12 01 ADMIN-1 PKG. TO KFO 01-110-54-00-5452 47.93 02 WATER OP-1 PKG. TO ILEPA LABS 51-510-54-00-5462 38.42 INVOICE TOTAL: 86.35 * 00004296X2032 01/21/12 01 ADMIN-1 PKG TO METROPOLITAN 01-110-54-00--5452 62.85 02 MAYORS CAUCUS FOR EAB GRANT ** COMMENT ** INVOICE TOTAL: 62.85 * 00004296X2042 01/28/12 01 ADMIN-1 PKG. TO KFO 01-110-54-00-5452 47.93 INVOICE TOTAL: 47.93 * CHECK TOTAL: 197.13 512794 VESCO VESCO 35192 01/09/12 01 ADMIN-LABELING TAPE 01-110-56-00-5610 34.70 INVOICE TOTAL: 34.70 * R59224 01/11/12 01 LAND CASH-PLAN SET PRINTS 72-000-24-00-2406 78.00 INVOICE TOTAL: 78.00 * CHECK TOTAL: 112.70 an DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 31 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512795 VISA VISA 012712-PD 01/27/12 01 POLICE-FBINNA NATIONAL DUES 01-210-54-00-5460 85.00 02 POLICE-VICTORY M14/M1 GI 01-210-56-00-5696 239.60 03 MAGAZINE SUBSCRIPTION ** COMMENT ** 04 POLICE-FBI ACADEMY TRAVEL & 01-210-54-00-5415 83.16 05 LODGING ** COMMENT ** 06 POLICE-DESK CALENDAR REFILL 01-210-56-00-5610 44.98 07 POLICE-GASOLINE 01-210-56-00-5695 50.70 INVOICE TOTAL: 503.44 CHECK TOTAL: 503.44 512796 VISA VISA 122712-CITY 01/27/12 01 FINANCE-IGFOA ACCOUNTING 01-120-54-00-5412 160.00 02 SEMINAR ** COMMENT ** 03 ADMIN-SURVEY ACCOUNT 01-110-56-00-5610 204.00 04 COMM/DEV-PAPER, CODE MANUALS 01-220-56-00-5620 229.21 05 FINANCE-REOCCURRING WEB UPKEEP 01-120-54-00-5462 45.95 06 COMM/DEV-RESIDENTIAL PLANS 01-220-54-00-5412 180.00 07 EXAM REGISTRATION ** COMMENT ** 08 COMM/DEV-TRAINING MEALS 01-220-54-00-5415 11.04 09 WATER OP-MONTHLY CABLE 51-510-56-00-5620 22.32 10 SEWER OP-MONTHLY CABLE 52-520-56-00-5620 22.32 11 STREETS-MONTHLY CABLE 01-410-56-00-5620 22.31 INVOICE TOTAL: 897.15 CHECK TOTAL: 897.15 512797 WAREHOUS WAREHOUSE DIRECT 1417145 .0 01/13/12 01 POLICE PAPER 01-210-54-00-5430 295.00 INVOICE TOTAL: 295.00 CHECK TOTAL: 295.00 -31- DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 32 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512798 WATERPRO RI WATERMAN PROPERTIES 021812-27 02/01/12 01 WATER OP-GRANDE RESERVE COURT 51-510-75-00-7502 22,988.77 02 ORDERED PAYMENT #27 ** COMMENT ** INVOICE TOTAL: 22,988.77 CHECK TOTAL: 22,988.77 512799 WATERSYS WATER SOLUTIONS UNLIMITED, INC 30959 01/02/12 01 WATER OP-PHOSPHATE 51-510-56-00--5638 1,035.00 INVOICE TOTAL: 1,035.00 CHECK TOTAL: 1,035.00 512800 WERDERW WALLY WERDERICH 011111 01/11/11 01 POLICE-DECEMBER 21 & 28 ADMIN 01-210-54-00-5467 300.00 02 HEARINGS ** COMMENT ** INVOICE TOTAL: 300.00 CHECK TOTAL: 300.00 512801 WTRPRD WATER PRODUCTS, INC. 0230241 01/05/12 01 WATER OP-BAND REPAIR CLAMP 51-510-56-00-5620 178.07 INVOICE TOTAL: 178.07 0230439 01/23/12 01 WATER OP-BAND REPAIR CLAMPS 51-510-56-00-5620 443.00 INVOICE TOTAL: 443.00 CHECK TOTAL: 621.07 512802 YBSD YORKVILLE BRISTOL 0551-009122335 12/31/11 01 WATER OP-DECEMBER SERVICE 51-510-56-00-5638 5,947.47 INVOICE TOTAL: 5,947.47 CHECK TOTAL: 5,947.47 nn DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 33 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512803 YNB OLD SECOND BANK - YORKVILLE 011812 01/18/12 01 ADMIN-REFUND OF OVERPAYMENT 01-000-13-00-1371 28.74 02 ON FINAL BILL FOR ** COMMENT ** 03 ACCT#0107613080-01 ** COMMENT ** INVOICE TOTAL: 28.74 * CHECK TOTAL: 28.74 512804 YORKACE YORKVILLE ACE & RADIO SHACK 142086 01/20/12 01 SEWER OP-BATTERIES 52-520-56-00-5620 19.98 INVOICE TOTAL: 19.98 * 142145 01/25/12 01 SEWER OP-FLASHLIGHT LAMP 52-520-56-00-5620 2.99 INVOICE TOTAL: 2.99 * 142149 01/26/12 01 STREETS-CHAIN SAW BLADE 01-410-56-00-5640 21.99 INVOICE TOTAL: 21.99 * CHECK TOTAL: 44.96 512805 YORKCLER YORKVILLE CLERK'S ACCOUNT 151203 01/19/12 01 WATER OP-RELEASING WATER LIENS 51-510-54-00-5462 98.00 02 WATER OP-FILING WATER LIENS 51-510-54-00-5462 343.00 INVOICE TOTAL: 441.00 * 151318 01/26/12 01 DEVELOPER ESCROW-AUTUMN CREEK 90-019-19-00-0011 154.00 02 COMM/DEV-RESOLUTION FOR 01-220-54-00-5466 49.00 03 RESERVE AT FOX RIVER APARTMENT ** COMMENT ** INVOICE TOTAL: 203.00 * 151386 01/26/12 01 WATER OP-FILING WATER LIEN 51-510-54-00-5462 49.00 02 WATER OP-RELEASE OF WATER LIEN 51-510-54-00-5462 49.00 INVOICE TOTAL: 98.00 * _.qS_ DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 34 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512805 YORKCLER YORKVILLE CLERK'S ACCOUNT 151388 01/27/12 01 ADMIN-KENDALL MARKETPLACE 01-110-54-00-5462 39.00 02 FINAL JUDGMENT ORDER ** COMMENT ** INVOICE TOTAL: 39.00 CHECK TOTAL: 781.00 512806 YORKGFPC PETTY CASH 012312 01/23/12 01 FINANCE-DOOR HOOK, WHITE OUT 01-120-56-00-5610 41.64 02 PENS, TAB DIVIDERS FOR BUDGET ** COMMENT ** 03 BINDERS ** COMMENT ** 04 ADMIN-CITY COUNCIL PICTURE 01-110-56-00-5610 56.13 05 DEVELOPING, CUPS, SOAP, PAPER ** COMMENT ** 06 TOWELS, KLEENEX ** COMMENT ** 07 WATER OP-PHONE CLIP 51-510-56-00-5620 19.99 INVOICE TOTAL: 117.76 CHECK TOTAL: 117.76 512807 YORKNAPA YORKVILLE NAPA AUTO PARTS 985187 12/05/11 01 STREETS-EXHAUST FLEX TUBING 01-410-56-00-5640 61.50 INVOICE TOTAL: 61.50 * 985190 12/05/11 01 STREETS-U BOLT 01-410-54-00-5495 2.14 INVOICE TOTAL: 2.14 * CHECK TOTAL: 63.64 512808 YORKPDPC YORKVILLE POLICE DEPT. 011912 01/19/12 01 POLICE-DONUTS & COFFEE FOR 01-210-54-00-5415 54.07 02 SGT. PROMOTIONAL EXAM ** COMMENT ** INVOICE TOTAL: 54.07 CHECK TOTAL: 54.07 on DATE: 02/07/12 UNITED CITY OF YORKVILLE PAGE: 35 TIME: 11:47:06 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 02/14/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512809 YORKSELF YORKVILLE SELF STORAGE, INC 012412-45 01/24/12 01 POLICE-STORAGE 01-210-54-00-5485 75.00 INVOICE TOTAL: 75.00 CHECK TOTAL: 75.00 512810 YOUNGM MARLYS J. YOUNG 010312 01/27/12 01 ADMIN-JANUARY 3 EDC MEETING 01-110-54-00-5462 77.50 02 MINUTES ** COMMENT ** INVOICE TOTAL: 77.50 010512 01/16/12 01 ADMIN-JANUARY 5 PUBLIC SAFETY 01-110-54-00-5462 48.25 02 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 48.25 121511 01/12/11 01 ADMIN-DECEMBER 15 ADMIN 01-110-54-00-5462 73.25 02 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 73.25 CHECK TOTAL: 199.00 512811 YOUNGREN YOUNGREN'S INC. 129295 01/24/12 01 STREETS-CITY HALL FURNACE 01-410-56-00-5656 168.00 02 PARTS ** COMMENT ** INVOICE TOTAL: 168.00 CHECK TOTAL: 168.00 TOTAL AMOUNT PAID: 280,086.64 oc UNITED CITY OF YORKVILLE PAYROLL SUMMARY 2/3/2012 REGULAR OVERTIME TOTAL IMRF FICA TOTALS ADMINISTRATION $ 9,049.74 $ - $ 9,049.74 $ 872.39 $ 638.51 $ 10,560.64 FINANCE 6,406.14 - 6,406.14 646.47 504.19 7,556.80 POLICE 76,454.81 286.91 76,741.72 437.98 5,642.91 82,822.61 COMMUNITY DEV. 6,401.73 - 6,401.73 617.13 478.65 7,497.51 STREETS 9,688.26 1,597.05 11,285.31 1,087.93 841.39 13,214.63 WATER 12,187.20 1,438.55 13,625.75 1,313.53 1,004.78 15,944.06 SEWER 5,521.25 - 5,521.25 532.24 413.08 6,466.57 PARKS 13,849.53 - 13,849.53 1,349.53 1,041.17 16,240.23 RECREATION 9,036.08 - 9,036.08 847.09 651.94 10,535.11 REC. CENTER 7,558.82 - 7,558.82 469.94 586.00 8,614.76 LIBRARY 16,368.27 - 16,368.27 901.66 1,230.27 18,500.20 TOTALS $ 172,521.83 $ 3,322.51 $ 175,844.34 $ 9,075.89 $ 13,032.89 $ 197,953.12 TOTAL PAYROLL $ 197,953.12 _qr_ UNITED CITY OF YORKVILLE CITY COUNCIL BILL LIST SUMMARY Tuesday, February 14, 2012 PAYROLL DATE BI-WEEKLY 2/3/2012 $197,953.12 TOTAL PAYROLL $197,953.12 ACCOUNTS PAYABLE BILLS LIST 2/14/2012 $488,664.87 TOTAL BILLS PAID $488,664.87 WIRE TRANSFERS TOTAL WIRE TRANSFERS $0.00 TOTAL DISBURSEMENTS $686,617,99 CIP Reviewed By: K 0 Legal E) Agenda Item Number 06 Finance ❑ CA#2 ESL -� 1836 Engineer ❑ City Administrator 0 � �� ; � y Human Resources ❑ Tracking Number � _© Community Development ❑❑ ADM 2011-44 Police Public Works ❑ Agenda Item Summary Memo Title: City services survey Meeting and Date: City Council—February 14, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. -�` Yid W3s From: Bart Olson, City Administrator -- � � CC: Date: February 10, 2012 C<wrMY Sad �LE ��'` Subject: City services survey Summary Approval of the form of the City services survey. Background This item was discussed by the Administration Committee at their January meeting. The Committee recommended unanimous approval of the survey format and questions. The survey may be viewed and tested at the link below: https://www.surveymonkey.com/s/2ZW2MTL The passcode to enter the survey is currently any string of 10-20 letters and numbers. For ease of use, everyone's password can be "cityyorkville". Distribution method The survey link and passwords will be distributed to each utility bill account in Yorkville, including commercial users. Each utility account will have a unique, random password. This password will prevent unauthorized users from hijacking the survey(somewhat common in internet surveys) and will give us the ability to sort responses by residents and businesses. If more than one individual in a household would like to take the survey, they may call City Hall and receive more passwords if they give their utility address and we can match the email address or phone number that is inquiring to the individual account(prevents a neighbor from calling for multiple passwords). If someone does not have access to the internet for the survey, we will encourage them to use the library. In certain cases, and as staff time allows, we will allow residents to take the survey over the phone. Reviewed By: Agenda Item Number 4 ' �► Legal ❑ CA#3 Finance ❑ EST. -�` _ ti W36 Engineer ❑ �:--- g Tracking Number �! City Administrator ❑ =t3 Consultant ❑ Chief of Police PS 2012-06 �LE ■ Agenda Item Summary Memo Title: Request to Purchase Replacement for PD Server Meeting and Date: City Council/February 14, 2012 Synopsis: Police Department requesting to purchase virtualization hardware for police department server replacement. Council Action Previously Taken: Date of Action: PS 2/2/12 Action Taken: PS Committee recommends approval of purchase. Item Number: PS 2012-06 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Deputy Chief Larry Hilt Police Name Department Agenda Item Notes: v Yorkville Police Department Memorandum R 804 Game Farm Road K Yorkville, Illinois 60560 v I L Telephone: 630-553-4340 L Fax: 630-553-1141 E Date: January 26, 2012 To: Public Safety Committee From: Deputy Chief Larry Hilt Reference: Request to Purchase PD Server Public Safety Committee Members, We are requesting to purchase a replacement server for the Police Department. Originally, it was the intention to purchase a tape library along with the virtualization solution. However, it is necessary to implement the project into phases due to installation scheduling. With that, we are requesting to purchase the hardware for the virtualization solution for $45,582, as specified in the attached quotes. This does not include installation costs, and does not include additional software needed to be purchased. An audit will be conducted to inventory existing usable software, and an additional request will be made to purchase said software if necessary. v Yorkville Police Department Memorandum 804 Game Farm Road K Yorkville, Illinois 60560 L Telephone: 630-553-4340 L Fax: 630-553-1141 E r Date: December 27, 2011 To: Chief Hart From: Molly Schwartzkopf Reference: Server Virtualization /Tape Library Quotes Chief, Attached are the quotes from SPS in regards to virtualizing the City Offices/Police Department server, and adding a tape library to completely back-up the system including the evidence videos and photographs. This is an important step to take in order to prepare for both the needed upgrade to Digital Patroller III, as well as expanding our infrastructure for in-car mobile data terminal upgrades. Furthermore, this upgrade will assist in consolidating systems located at City Hall, and free-up servers to be utilized in other capacities/or at other City locations as well as upgrading servers that have not already been upgraded. This system will give us the capacity needed for at least five years, including space that will be needed for city-wide LaserFiche scanning and police video/photographs kept for evidence. Please note that these quotes do not include installation time. Quotes from SPS/Consulting Firm HP MSL2024 LTO5 3000 SAS Tape Library w/SAS Controller 1 $7,469.00 $7,469.00 3 year Next Business Day Exchange Contract 1 $559.00 $559.00 Cleaning Cartridge 1 $69.99 $69.99 20 Pack LTO5 1.5/3TB RW Data Cartridges w/pre-sequenced labels 1 $1,519.99 $1,519.99 Upgrade to CA ArcServe r16 Tape Backup Software 1 $3,699.00 $3,699.00 w/Open Files, Exchange,SQL, &Client Agents ArcServe backup for Windows r16 Agent for VM Ware(2 hosts)and Guest 1 $3,199.00 $3,199.00 Tape Library/Complete Backup Solution $16,515.98 HP Proliant DL380 G7,2.53 GHZ E5649,54 GB Memory, DVDRW, 2 $5,699.00 $11,398.00 3-30OGB 10,000 RPM Hot Plug HDD's,2-460 Watt Power Supplies, HP 3 year 24x7x4Hour Response Extended Contract for DL380 OR 2 $879.00 $1,758.00 HP V1910-16G 16 Port GB Managed Switch 1 $329.00 $329.00 HP P4300 G2 16TB SAN 1 $25,999.00 $25,999.00 VSPHERE SESS VM Ware+3 Host/2Processors 1 $4,399.00 $4,399.00 HP 3 year 24x7x4 Hour Response Extended Contract for P4300 OR 1 $1,699.00 $1,699.00 Total Virtualization Solution $45,582.00 Total Amount for Virtual Solution/Media Backup Solution $62,097.98 Molly Schwartzkopf From: Cynthia Graff[cgraff @softwareperformance.com] Sent: Tuesday, December 27, 2011 12:51 PM To: Molly Schwartzkopf Subject: Virtualization Quote City of Yorkville Molly 12/7/2011 Virtualization Quote HP Proliant DL380 G7,2.53 GHZ E5649,54 GB Memory, DVDRW, 2 $5,699.00 $11,398.00 3-300GB 10,000 RPM Hot Plug HDD's,2-460 Watt Power Supplies, HP 3 year 24x7x4Hour Response Extended Contract for DL380 OR 2 $879.00 $1,758.00 -HP-141—'-V �rj --'--—f'oT-Dt3BT _—$629.00 $42 --00- HP V1910-16G 16 Port GB Managed Switch 1 $329.00 $329.00 HP P4300 G2 16TB SAN 1 $25,999.00 $25,999.00 VSPHERE 5ESS VM Ware+3 Host/2Processors 1 $4,399.00 $4,399.00 HP 3 year 24x7x4 Hour Response Extended Contract for P4300 OR 1 $1,699.00 $1,699.00 HP 5 r esponse Mr%r P"43U0 1 Pricing is valid until January 31,2012 Price does not include installation Due.to the current availability issues with HDD's and memory, prices cannot be guaranteed for more than 14 days on hard drives and memory. All other items are good through Jan 31,2012. If you have any questions, please feel free to call. Please sign and return to SPS office to begin ordering process. A 50%deposit is required to process order. Thank you, Cindy Graff 1 Cynthia L Graff President Software Performance Specialists, Inc. Phone:800-430-0290 Fax: 866-652-6607 cgraffCaD-softwaregerformance.com www.softwareperformance.com This message contains confidential information intended only for the use of the addressees named above and may contain information that is privileged and confidential. If you are not the addressee, or the person responsible for delivering it to the addressee, you are hereby notified that reading, disseminating, distributing or copying this message is strictly prohibited. If you have received this message by mistake, please contact Cindy Graff at 800-430-0290 or email cgraff(aD-softwareperformance.com and delete the original message immediately thereafter. 0 2 Molly Schwartzkopf From: Cynthia Graff[cgraff @softwareperformance.com] Sent: Tuesday, December 27, 2011 12:50 PM To: Molly Schwartzkopf Subject: Tape Library Quote City of Yorkville Molly 12/7/2011 Tape Library HP MSL2024 LTO5 3000 SAS Tape Library w/SAS Controller 1 $7,469.00 $7,469.00 3 year Next Business Day Exchange Contract 1 $559.00 $559.00 Cleaning Cartridge 1 $69.99 $69.99 20 Pack LTO5 1.5/3TB RW Data Cartridges w/pre-sequenced labels 1 $1,519.99 $1,519.99 Upgrade to CA ArcServe r16 Tape Backup Software 1 $3,699.00 $3,699.00 w/Open Files, Exchange,SQL,&Client Agents ArcServe backup for Windows r16 Agent for VM Ware(2 hosts)and Guest 1 $3,199.00 $3,199.00 Pricing is valid until January 31,2012 Price does not include installation If you have any questions, please feel free to call. $16,515.98 v Please sign and return to SPS office to begin ordering process. A 50%deposit is required to process order. Thank you, Cindy Graff Cynthia L Graff President Software Performance Specialists, Inc. Phone:800-430-0290 Fax: 866-652-6607 i cg raffC�softwareperformance.com www.softwareperformance.com This message contains confidential information intended only for the use of the addressees named above and may contain information that is privileged and confidential. If you are not the addressee, or the person responsible for delivering it to the addressee, you are hereby notified that reading, disseminating, distributing or copying this message is strictly prohibited. If you have received this message by mistake, please contact Cindy Graff at 800-430-0290 or email cgraff(a)-softwareperformance.com and delete the original message immediately thereafter. 2 0 CIP Reviewed By: Agenda Item Number J� 6 Legal ❑ Minutes #1 EST. 1&36 Finance El Engineer ❑ Tracking Number Gy City Administrator El r� �! �© Consultant El CC 2012-12 Agenda Item Summary Memo Title: Minutes of the City Council—January 10, 2012 Meeting and Date: City Council 2/14/12 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: City Clerk Warren Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,JANUARY 10,2012 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, City Treasurer Powell, City Attorney Orr, City Administrator Olson, Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson, EEI Engineer Sanderson, Community Development Director Barksdale-Noble, and Executive Director of the Y.E.D.C. Dubajic QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Golinski stated that the Council is removing Item#PC 2011-10 and ZBA 2011-02 from the agenda for the petitioner asked for that to be removed. Alderman Funkhouser requested that Item#4 on the Consent Agenda, PW 2011-57,be moved to the regular agenda under Public Works. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Certificate of Recognition for Eagle Scout—Brandon Beerup Mayor Golinski presented a certificate of recognition to Brandon Beerup for the achievement to the rank of Eagle Scout. PUBLIC HEARINGS None. CITIZEN COMMENTS Jerry Bannister,republican nominee for the Kendall County recorder,hopes to be the recorder in December of 2012. He looks forward to working with all the villages in Kendall County. CONSENT AGENDA 1. Bills for Payment-$684,729.70 (CC 2012-01) 2. Ordinance 2012-01 Renaming Wheaton Avenue to Boombah Boulevard—authorize Mayor and City Clerk to execute EDC(2012-05) 3. Request to Dispose of Vehicles—authorize Police Department to dispose of the following vehicles: MI —2006 Dodge Charger, M10—2006 Chevy Impala,M14—2003 Ford Crown Victoria, seized 2002 Ford FI50, seized 1996 Oldsmobile 88(PS 2012-02) Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Spears; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye,Munns-aye, Funkhouser-aye, Gilson-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. CC 2012-02 Minutes of the City Council—December 13,2011 2. CC 2012-03 Minutes of the City Council—December 27,2011 The Minutes of the Regular Meeting of the City Council—January 10, 2012—Page 2 of 8 Mayor Golinski entertained a motion to approve the minutes of the regular City Council for December 13, 2011 and December 27,2011 as presented. So moved by Alderman Spears; seconded by Alderman Kot. December 13,2011: Alderman Spears,Page 2 of 7,Mayors Report, 3rd paragraph,2nd sentence, should state maximum,not majority. Page 4,2nd paragraph, should state it is the tax payer's money. Alderman Funkhouser, Page 4,2nd paragraph, 5th line, should read policy of reducing our fees. Alderman Milschewski,Page 2, Tax Levy, 3rd Paragraph,4th line,reduce the Levy not Ordinance. Page 2 of 7—last paragraph-Need to make who made motion clear which Alderman Colosimo seconded. December 27, 2011: Alderman Gilson,Page 3,it should be Mayor Golinski. Alderman Colosimo questioned on Page 3 if he said the word appreciated. City Clerk Warren checked tape and he did say that. She quoted his statement in the minutes. Alderman Colosimo had a change on page 3,where City Administrator Olson stated As long as everyone is aware of the legal obligation the Council is creating by taking no action. He thought is should be worded a different way. After review of the tape, City Clerk Warren had the statement correct. Changes were not made. Alderman Kot, Page 4, 3rd paragraph, should be pay not paid.Page 4, 3rd paragraph, last sentence should read: He will support sending it back to committee. A motion was made by Mayor Golinski to approve the minutes as amended. Amendments approved unanimously by a viva voce vote. REPORTS MAYOR'S REPORT Collective Bargaining Agreement between the International Union of Operating Engineers, Local 150,Public Employees Division and the United City of Yorkville (CC 2012-04) Mayor Golinski moved this item to the end of the meeting, after the executive session. River Road Bridge Local Agency Agreement for Federal Participation and Phase III Construction Services Engineering Agreement (CC 2012-05) Mayor Golinski entertained a motion to approve a local agency agreement for federal participation between the United City of Yorkville and the state of Illinois Department of Transportation and to approve a construction engineering services agreement for federal participation between the United City of Yorkville and Engineering Enterprises Inc. for the River Road Bridge project and authorize the Mayor and city clerk to execute both agreements. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. City Administrator Olson reviewed how the City's portion is budgeted for Alderman Gilson. The City does expect a March bid letting, and does not expect invoices to come from the state until next fiscal year. The state has money anticipated to be budgeted in the citywide capital fund. The Council has to have the agreement approved tonight.Alderman Gilson believes it needs to be done,but hates approving it when the City does not have this in its budget. He hopes the City comes up with the money. If not,then the City's motor fuel tax will be taken.Alderman Colosimo stated the City anticipated $400,000 and now it's going to be $484,000. Is the City going to be able to work this in? City Administrator Olson stated yes. The next couple of years may get dicey. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Kot-aye, Colosimo-aye, Spears-aye,Munns-aye, Milschewski-aye, Gilson-present,Teeling-aye,Funkhouser-aye Safe Routes to School Update (PW 2011-71) Mayor Golinski stated the city is looking for some direction. EEI Engineer Sanderson met with IDOT and federal officials in December to get direction. The City was awarded a$230,000 grant,but there were not enough grant funds to do all of the sidewalks that were on the original application. The draft letter is a result of that meeting. Officials gave Mr. Sanderson a few alternatives. He has to put together a letter, send it back to the state and have them officially respond to the City's request. The City is looking for direction and approval on submitting the letter. Three options were outlined. The first option was to request additional funds to construct everything that was identified within the original application. The second was reducing the sidewalk width to 4 feet. This would allow the City to stay in budget range. The last option was the City stays with 5 feet and stays within those budget constraints. City Administrator Olson stated the City had asked originally to reduce the scope of the sidewalks in width in certain areas and were told no.Now they are stating that is acceptable. EEI Engineer Sanderson stated there has been a change on how the Safe Routes to School program has been The Minutes of the Regular Meeting of the City Council—January 10, 2012—Page 3 of 8 managed. Alderman Colosimo thinks since the City has a new set of eyes looking at it to go with option one and ask them to provide the City more money. Let's get some of our tax dollars back in Yorkville. Have them pay for the sidewalks as originally proposed. That would be his recommendation. Alderman Gilson agrees. EEI Engineer Sanderson stated they suggested the City ask for money. They want these options laid out. They are not guaranteeing that money is going to be available. City Administrator Olson stated the City did not want to expand the scope of the grant and incur additional expenses without getting Council's direction. Alderman Kot stated in some old neighborhoods,the 5 foot sidewalks are too much. He insists on four foot sidewalks.Alderman Gilson asked would that be a hybrid. The City should do the 4 footers but keep option one where they pay for everything. Mayor Golinski stated the City wants four footers but the City doesn't want to remove all these, so the City needs more money. EEI Engineer Sanderson stated the City needs approval to send the letter, for it is under a major time crunch. Alderman Milschewski wants to ditto on Alderman Kot about the 4 foot sidewalks. The 4 foot is more in character of that neighborhood. EEI Engineer Sanderson stated he agrees the City should be able to hold it to 4 feet. Alderman Funkhouser liked option one. Option two makes sense. He wants to remove option three for it reduces the City's scope. Alderman Gilson asked if the council is going to take a consensus, and then decide on an option. If the Council is saying it should take a little of everybody's opinion,put it together, and come up with a consensus, it should be a hybrid. The City is getting the best of both worlds. See what happens, and if they say no then we come back and look at the other options.Mayor Golinski concurs. The City is at 4 foot sidewalks or more money. PUBLIC WORKS COMMITTEE REPORT Ordinance 2012-02 Establishing Minimum Fines for Ordinance Violations (PW 2011-57) Mayor Golinski entertained a motion to approve an ordinance establishing minimum fines ordinance violations. So moved by Alderman Milschewski; seconded by Alderman Gilson Alderman Funkhouser stated the fines that were modified in section 5-3-12, should be parked at 5-3- 600 the drug paraphernalia. Modifications need to be flipped. If the City can correct that,he is fine with the ordinance. Drug paraphernalia takes the higher fines. Mayor Golinski asked for a roll call of this vote as amended. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye,Funkhouser-aye,Kot-aye, Colosimo-aye, Spears-aye,Munns-aye,Milschewski-aye, Gilson-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2012-03 Adopting New Residential Construction Incentive Program (EDC 2012-04) A motion was made by Alderman Munns to approve an ordinance adopting the new residential construction incentive program and authorize the Mayor and City Clerk to execute; seconded by Alderman Kot. Alderman Munns said this came out of EDC and there was a positive vote to bring it to City Council. Builders presented a program to Yorkville that had worked in some cities. They thought it was worth a try. Yorkville has many vacant lots. The information was a$5000 lowering of the City's fees and the builder giving$5000 to potential home buyers. Mayor Golinski invited Aladdin Nassar to speak to the Council. Aladdin Nassar,vice president of Meadowbrook Homes, addressed the Council. Meadowbrook Homes is a locally owned home-building company. In 2004 it invested over$5 million in Yorkville. They purchased 160 acres near Route 71 and Route 47 with the intention of developing it for single-family residential construction. The closing was in 2005, and it became apparent the market was unsustainable. They have 160 acres in Minooka where 379 homes were also sitting dormant. In 2008, 2009 and the first part of 2010 they sold zero homes. They normally sold around 100 a year. They barely survived. In the middle of 2010 Minooka introduced an economic stimulus program which turned the company around. The village and builder contributed$5000 each to the same fund. The village would cut the new home buyers a check for$10,000 at closing. Minooka reached out to Meadowbrook Homes for they survived. When Minooka introduced this program,Meadowbrook took a hard look at costs and realized in this economy, a homebuilder is not competing with other builders,but with the foreclosure market and short sell distressed properties. They needed to start with a bang if they were going to reactivate things. They include upgrades that other builders charge extra for. They don't build a cheap product,but the price is fair. In September of 2010, they re-launched Arbor Lakes. His company offered a four bedroom 2 1/2 bath homes with many upgrades, for$169,900, after the $10,000 cash rebate from the village of Minooka. In 16 months they sold 47. There are 2 spots in Yorkville which are 100 developed lots each. Mr.Nassar thinks with this type of program similar and with a permit fee structure his company can exceed the success that they had in The Minutes of the Regular Meeting of the City Council—January 10, 2012—Page 4 of 8 Minooka. Yorkville is a much more desired location with better amenities, and the stimulus program would be a huge benefit. Minooka renewed this program till 2013, due to the success. The City gives up a little in permit fees upfront.Before they invest another$2 million in either one of these two properties, they were hoping to have the program in place to move forward confidently.Any community they go into they would not be asking for any deviation from the covenants or the restrictions. They want to be good neighbors and have a net positive for the City. It is important to give buyers that extra incentive to purchase a new home. From an emotional marketing standpoint he feels it is a powerful tool.Alderman Teeling thinks it is a great idea,but she does not like the front funding of any outsourcing inspections. Is there any way the City can get a deposit for any of those inspections. Mr.Nassar stated yes. Community Development Director Barksdale-Noble stated those cost will be in-house. This program would be open to all builders. Alderman Colosimo was glad to hear that this program was not just for Mr.Nassar's company. There is a proposal by staff of 30 permits which can go up or down depending on what the City decides. If the City goes with 30 permits, it would be for all builders on a first come first serve basis. Alderman Colosimo stated the City would be funding$150,000 in incentives and reducing connection fees. That is not included in the savings to the homeowner? City Administrator Olson stated the only reduction that the City is proposing in the actual fee is a municipal building impact fee. The builder will still pay all of the normal connection fees and impact fees at whatever they are in for each subdivision. The builder pays this at the time of occupancy,when the check will get issued. Alderman Gilson does not feel building and development is driven by stimulus packages but by markets, economy, and demographics. The City is forfeiting revenues and will have little to no added impact on growth. Yorkville is not in the position to front fund permits,inspections, and engineering. He doesn't think the City is going to see any added growth when it is competing against foreclosures. He would love to know where that money is in the budget.Alderman Teeling asked what would the City be front funding?Alderman Gilson stated plumbing inspections,permit fees, and engineering,which are three major expenses. Community Development Director Barksdale-Noble stated there is a clause that stated the permit would have to be issued and paid within one year. Alderman Gilson stated so the City is front funding for six months to a year,where is that in the budget. Community Development Director Barksdale-Noble stated the only inspections that the City outsources right now is plumbing. The only other building permits that the City collects are for the ones listed that are city related fees, so if we hold off on those fees until the time of building and final occupancy,the only thing the City will possibly be front funding is if the City had to outsource the plan review or inspection. City Administrator Olson stated for clarification outsource plumbing inspection typically cost$40. City Administrator Olson stated so there is no invoice generated as a result of that. Plan review fees are outsourced after about $900 but in-house the City can review plans. Alderman Gilson stated after hearing how staff has no time to do extra things, suddenly the City is going to put all these added responsibilities on them. The end result is the City is still front funding, and delaying our revenues that would normally come in from six months to a year. The impact is going to be minimal. These types of stimulus packages don't do anything. City Administrator Olson clarified that the City isn't necessarily proposing to change any of its plan review processes or outsourcing inspections as a result of this program. The City would cover the cost of what EEI had to do, and cover it for six months to a year. Mr.Nassar thinks there's something illogical with the argument that the City is forfeiting revenues that would come anyway. The market, economy, and demographics are the only considerations for somebody to come to a town to build.His company found the stimulus program to be absolutely beneficial. The City is not giving up anything. It is positioning itself to get a buyer and giving itself a better shot to get a new resident to Yorkville to take up one of the 9000 vacant lots. This is not a special assessment where the City is on the hook for tens of millions of dollars. It is 30 new buyers,worth$5000 apiece in reduce fees. The City is going to get zero of those fees if no one builds here. It is not like it is revenue guaranteed to come in. Permits aren't cheap. They are about$19,000. He saw a study where home prices are not going to go back to where they were until 2023. He could sell zero lots,but doesn't think that is going to be the case. He wouldn't be risking a substantial amount of capital. Mayor Golinski agrees.You're not forfeiting revenue and developers are not moving forward. Alderman Munns stated there is no revenue without new construction. The City is not losing fees if nobody builds and cannot let past bad ideas and votes cloud each new idea. He is all for giving this program a try.Alderman Funkhouser stated this is economic development. The City also has to think beyond the rooftops. If we can bring in rooftops we are also bringing in retail business or possibly renewing more leases on our business districts that if we don't see growth coming back in here,we're going to start losing some of our tenants, and it is going to have major dollar effects. Those are the bigger issues that the City has financially. If the City loses business tenants it is going to lose a lot more on the tax base. It is 30 homes, it is $150,000,will be holding funds for 6 to 12 months. They are small dollars but it has potential to renew and continued the interest in our community. It has potential and this is a smaller piece than what many communities have done. The City is being cautious with only taking 30,but he thinks this will have a positive advantage to our community. Mayor Golinski stated it is a proven plan for Arbor Lakes is the second fastest-growing subdivision in the Chicago land area. Alderman Spears asked if Mr.Nassar is going to be pricing homes at about$169,000. Aladdin Nassar stated no,they will be higher than that. The starting price needs to be $200,000 or less. Our company will probably start around$190,000 before the incentives.Alderman Spears stated the City has several local builders that have customized built homes, so if Mr.Nassar comes in and lowballs his The Minutes of the Regular Meeting of the City Council—January 10, 2012—Page 5 of 8 price, it is going to be rough competition. Mr.Nassar stated maybe the City wants to look and see how many permits were issued last year. Our custom homes are not head-to-head competition,typically with the products offered. The names of our subcontractors are written on their trucks. Anyone is welcome to call and hire them.He believes everybody needs to prosper. His primary concern is making his business a success.Alderman Gilson doesn't believe it is the City's responsibility to get involved in that market. It should be ironed out by the free market. Where in the budget does the City have the money to front fund any of these funds? City Administrator Olson would front fund the inspection fees out of the inspection fee expense line item. If implemented,the City would probably go over budget for 30 homes by a slight amount. The City would be reducing what didn't get reimbursed to the City within a year. Whatever your surpluses is for this year,potentially next year,depending on how long it takes to do that 30 homes. So he thinks Community Development Barksdale-Noble's estimate could be upwards of$1000 a home that is if you have to do a plan review. Some subdivisions have master plans for homes that don't need review each time. It could be as low as $40 or even zero. Alderman Gilson asked Mr.Nassar how many homes he sold since the program has been in place in Minooka. Mr.Nassar stated 47 homes total in 16 months and 40 homes in calendar 2011. Alderman Gilson asked if that was when it was implemented in Minooka and it was. Alderman Gilson stated Mr.Nassar doesn't know that the City doesn't have money for necessities,yet the City is talking about front funding money it doesn't have. There has to be a priority. Let's concentrate on necessities. Mayor Golinski stated the City gets money by increasing the tax base. Alderman Colosimo stated with the $5,000 a home,where is the $150,000 coming from. City Administrator Olson stated in the memo there is a table on page 2 which lists the four fees and then the order that he would essentially reduce them. The builder pays them and the City cuts the check. It would be the water connection fee,the sewer connection fee,the building permit fee,the public works fee in that order, so it doesn't necessarily mean that all four of them would be affected. The City can throw the municipal building impact fee on there,too. The City doesn't have any expenses budgeted out of that fund for the next six years and currently is sitting in deficit from this building. He recommends it is added to that table. Alderman Kot stated the homes have to be sold to somebody who is going to be a permanent resident. How can we verify that?Community Development Director Barksdale-Noble it has to be an individual that is buying the lot for occupancy as a resident. Alderman Kot stated under section 1 letter A the certificate of occupancy has to be issued within one year of the day of the issuance of the building permit. What if that doesn't happen? Community Development Director Barksdale-Noble stated then they don't get the benefit of the program. Mayor Golinski stated the question is do you want the City of Yorkville to bounce back?Alderman Gilson stated the market and the economy drive that,not this. Mayor Golinski stated it did in Minooka. Alderman Teeling stated that if this doesn't drive it then the City isn't not out anything. Alderman Gilson disagreed. Community Development Director Barksdale- Noble stated if the permit doesn't come in,the City is not out fees but if it does come in then the City has a new resident to add to our tax roll. Alderman Gilson stated if passed,the City expects this to work and if it works minimally,the City is out for front funding. Mayor Golinski stated the City is increasing sales tax when the new residents go shopping. Alderman Munns stated the City can't be short sighted and not see what happens after people move in. There would be 30 new families that pay school taxes and shop in Yorkville. Alderman Gilson stated where does this end?Alderman Munns stated it ends when development starts coming in like it should in normal economies. These times are different. He is not saying keep this program forever. It might jumpstart 30 houses,the economy gets better, other builders come in and then the City ends it.Alderman Gilson doesn't know how this can be justified.Alderman Teeling stated the City doesn't see any other revenue coming in if rooftops are not added. Alderman Kot asked Mr.Nassar how many people he employees, and how many worked in Minooka?His company has about 9 direct employees but for subcontractors there were about 50 people who had full time work to build those 40 homes per year. He has already started the interviewing process for the sales staff hoping that things work out in Yorkville. One or two people would be hired for sales immediately. Alderman Colosimo is torn and can see both sides. It would make him more comfortable if the City did this as a small test program where there was an end date and a review to see if the City wants to continue it. The ordinance doesn't seem to have an end date or cap besides the 30 homes per year and then the next year and the next. It then becomes something the City can't reign in. At the end date,the Council would review and decide if the City wants to go forward with a long term program. He doesn't think he is comfortable passing it open ended. Executive Director of the Y.E.D.C. Dubajic stated this program would be an excellent marketing tool for the EDC. Many major retailers are looking to put new stores,retail locations, in communities that have programs such as this. If the City is not doing something that is out of the box to create residential development and additional rooftops in our town, many retailers will knock us off the list. There used to be many locations of retail stores and towns that were trying to attract them.Now there is a very few retailers out there looking at additional sights. Retailers are going to look at towns that are being aggressive to get additional rooftops built. It would be really very beneficial on the commercial side for the City to attract new businesses to our town. Alderman Gilson stated we have heard that story before. Executive Ms.Dubajic stated that for a fact every retailer she speaks with asks about this first and foremost. The City has to come up with the right equation and maybe this is it to get the rooftops started. In the year 2011,the City had 43 permits that were issued. It is not enough to make a statement that Yorkville is being very aggressive and want to see additional rooftops. Maybe this is what is going to get us there to break the magic 100 number. That is the number that retailers are looking to see. The Minutes of the Regular Meeting of the City Council—January 10, 2012—Page 6 of 8 Bill McCue, owns McCue builders,has been building in Yorkville for about 20 years. The only way to bring money to Yorkville is rooftops. He learned that the average house brings $160,000 to the community between real-estate taxes,jobs, spending in the community. Every town will be dropping the price of their permits. He made a comment about housing values not coming back until 2023. The great depression took 17 years for house values to come back. There is no reason why it would be any quicker. Fifteen years ago permits were $3,000 in Yorkville. A lot was $32,000. Today a lot can be bought for $10,000. Permit fees in some subdivisions could be up to $27,000. Everybody got greedy, and developers kept raising fees. Fees should be free now. That is the only way you are going to bring money to this community. All of the cities are going to have to jump on the bandwagon and do something. Every house built is still going to have a tax bill. That is money that is coming. Alderman Milschewski asked Mr. McCue if he would take advantage of this program, and he stated yes.He considers himself a semi custom home builder. He has no competitors at this time. Meadowbrook Homes are going to build a different product than him. McCue is typically a little higher in price and might not be able to do something. If not then they get someone who is a little lower end.At the same effect,Meadowbrook Homes might have someone meet with them that want more items done and if Meadowbrook Homes can't do it they can send them to McCue. This is going to be great for everybody. Alderman Munns asked what happened in Blackberry. Mr.McCue said he bought the land in 2005, developed it, and had one builder lined up to buy about 30 to 40 lots.By the time it came to build is when everything started to crumble. The builder backed out of the deal. Alderman Gilson stated this will hurt the City. If this works like it is supposed to,the City doesn't have money. Our budget is deficit. Mr. McCue stated so it won't be a good thing to have 30 new homes. Alderman Gilson stated it is like purchasing an item you don't have enough money for and then finding the money later. He doesn't think the City should run their finances that way.Mr. McCue stated the City has a builder that is willing to try,but there aren't any guarantees. Alderman Gilson's belief is,this is a free market and the City can't put the taxpayers at risk. He finds it wrong to spend money that is not there to try to stimulate something. Mr.Nassar's view is the City is not risking a penny in this deal.What is 100%of zero? 90%of 20,000 are what the city will be gaining if it works. He can't guarantee he will build 40 homes a year in Yorkville. What he discussed at the beginning was all the reasons he is willing to risk millions of dollars to try. Alderman Milschewski said Mr.Nassar mentioned at EDC that this was successful in Minooka that they extended it. Mr.Nassar said there were members of the Minooka City Council,who are conservative,who were huge skeptics at first. In the end, Minooka renewed the program till 2013. The conservative and liberal members all agreed it was net benefit to the city. Mayor Golinski read an article which said in 100% of the cases the $10,000 was the determining factor.Mr. McCue stated if the City does nothing then it is going to get worse. He doesn't understand how$150,000 in permit fees is going to hurt when the City is going to be getting the tax dollars coming back. Alderman Funkhouser made an amendment to 30 permits and 12 month term; seconded by Alderman Milschewski Mayor Golinski stated roll call on the amendment. Motion approved by a roll call vote. Ayes-7 Nays-1 Teeling-aye, Gilson-nay,Kot-aye, Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye Mayor Golinski stated roll call on the amended original motion. Motion approved by a roll call vote. Ayes-5 Nays-3 Spears-nay, Colosimo-nay,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-nay,Kot-aye,Munns-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. PLAN COMMISSION Ordinance 2012-04 Approving an Amendment to the Annexation Agreement and Planned Unit Development Agreement(Grande Reserve Subdivision) (PC 2011-11) Mayor Golinski entertained a motion to approve an ordinance approving an amendment to the annexation agreement and planned unit development agreement(Grande Reserve Subdivision) and authorize the The Minutes of the Regular Meeting of the City Council—January 10, 2012—Page 7 of 8 Mayor and city clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye,Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT Resolution 2012-01 to Release Closed Session Minutes (CC 2012-06) Mayor Golinski entertained a motion to approve a resolution to release closed session minutes and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT Southwest Fox Valley Cable Telecommunications Consortium Alderman Spears attended the Southwest Fox Valley Cable Telecommunications Consortium. It was held on Thursday,January 05, 2012 at Waubonsee Community College. Board members from Waubonsee, Plano, Sandwich,Yorkville, and Village of North Aurora were present as well as our program director, Mike Rennels. The board discussed Comcast franchise agreement letter. The agreement will expire in 2013 and Chairman of our board,Max Herman,recommended that he contact Mr. Maloney regarding the franchise renewal for all of the communities. The results of the meeting then will be discussed during our March 8 meeting. The quarterly membership fees of invoices were mailed on December 22 to each member and upon receipt of the fees,the date for members quarterly refunds will be determined. On their quarterly report,they successfully have been recording basketball games for Plano,Yorkville, and Sandwich. These games air on Wednesday evenings. They have been very successful with the various communities. Agency on Aging Alderman Spears stated the Agency on Aging topped$100,000 with their various programs that they have. It was the best December for donations and that came with their celebrity brunch program. They had a record-breaking holiday weekend meals delivered. In 2011 they had 3 1,45 6 nutritious meals that have been delivered on holidays and Saturdays. In 2010 they had 30,383. YBSD Board Meeting Alderman Gilson reported on the YBSD board meeting from January 09, 2012. Fran, from the County, presented items needed in order to proceed forward with acquiring the land and eventual construction of the River Road Bridge Construction and Dam removal. The County needs documents to proceed which need to be recorded and certified by IDOT in two weeks. The County also proposed the annexation of the Kendall County Hwy.,Department and the YBSD. They asked the County to sign and present back to the YBSD next month with a formal review. There was a motion approving documentation for the IDNR agreement of the dam removal and restoration upon review of the law office. The executive director report said that the dissolved oxygen system was working. The grease interceptor of Cobblestone Bakery was discussed. They talked about the Ultimate Sports Bar's grease interceptor there. STAFF REPORT No report. ADDITIONAL BUSINESS WSPY Mayor Golinski stated Yorkville made the top 10 of the WSB top 10 of 2011. He would like to thank our YEDC executive director, staff, and the Council for making it a very good year for economic development. Meals on Wheels The Minutes of the Regular Meeting of the City Council—January 10, 2012—Pa2e 8 of 8 Mayor Golinski stated Meals on Wheels needs drivers. It only takes an hour once a week to volunteer. Many people need the help. If you know of anyone who can volunteer please let them know. YBSD Alderman Gilson said the YBSD would be contacting the City to see if they can put a link on the cities website about how to install grease traps and guidelines for the grease traps. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of 1. For collective negotiating matters between the public body and its employees or their representatives,or deliberations concerning salary schedules for one or more classes of employees. 2. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. So moved by Alderman Kot; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Milschewski-aye, Colosimo-aye,Kot-aye, Teeling-aye, Gilson-aye,Funkhouser-aye,Munns-aye The City Council entered Executive Session at 8:41 p.m. The City Council returned to regular session at 9:06 p.m. MAYOR'S REPORT CONTINUED Collective Bargaining Agreement between the International Union of Operating Engineers, Local 150,Public Employees Division and the United City of Yorkville (CC 2012-04) Mayor Golinski entertained a motion to approve a collective bargaining agreement between the international Union of operating engineers, local 150,public employees division and the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Milschewski. Alderman Spears stated her vote is going to be based on just one little section in the agreement that she does not favor, and it has nothing to do with the employees in our public works department. Alderman Munns stated ditto that. Alderman Gilson also agrees. Alderman Colosimo concurs. Motion approved by a roll call vote. Ayes-5 Nays-4 Funkhouser-aye,Kot-aye, Colosimo-nay, Spears-nay,Munns-nay, Milschewski-aye, Gilson-nay, Teeling-aye,Mayor Golinski-aye ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Spears; seconded by Alderman Munns. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:08 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois 0 CIP Reviewed By: Agenda Item Number J� 6 Legal ❑ Minutes #2 EST. 1&36 Finance El Engineer ❑ Tracking Number Gy City Administrator El r� �! �© Consultant El CC 2012-13 Agenda Item Summary Memo Title: Minutes of the City Council—January 24, 2012 Meeting and Date: City Council 2/14/12 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: City Clerk Warren Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,JANUARY 24,2012 Mayor Golinski called the meeting to order at 7:03 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Absent(Tried connecting by phone but unavailable) Funkhouser Present Ward N Spears Present Teeling Present Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson,EEI Engineer Freeman, Community Development Director Barksdale-Noble,Director of Park and Recreation Schraw QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Certificate of Recognition for Art Townsend Mayor Golinski presented a certificate of recognition for Art Townsend as Santa Claus.Mr. Townsend shared his story of how he became a Santa Claus and he has been serving as Santa for 50 years. PUBLIC HEARINGS None. CITIZEN COMMENTS Mike Skinner stated the ZBA decided when there was a unanimous decision denying a variance ZBA would send someone to City Council to explain why it was denied.ZBA is given guidelines to follow in approving or denying any variance to our City Ordinances and Codes. This was denied for several reasons. There were three people there in protest of changing this piece of property from single family to multi-family R21), and a letter was sent by a resident.ZBA takes into consideration the impact on surrounding areas. One of the most important criteria looked at is that an R2 zoning requirements,R2, single family,minimum lot size is 12000 square feet. This lot size is 9,000 square feet less than that, which is 60%less. The lot width for R21)is 100 foot width. This is 70 square feet,which is 10 feet less than a single family lot. The home is not compliant. The density for R21)is 4.8 dwellings per square unit acre as required. He is 200%less than what is required. Everything about the lot is too small for a single family. What he is asking for is 200%less density, 30%less in the lot width and 60%less in the lot size for R21), duplex lot. It is too much for the ZBA to think about approving. The ZBA is extremely bothered by the fact that the Plan Commission approved this spot zoning. Zoning ordinances were adopted in Yorkville over the years and they have evolved. At one time, spot zoning was accepted in Yorkville. Things changed and the City progressed forward. He thinks the Council would be setting a precedent if they approved this variance to allow a duplex to be built on a non compliant lot for single family. In a lot of ways this should be looked at as not a duplex but more of an old style two flat.Yorkville has to eliminate all these different types of housing.Yes it is hard times in the economy right now. In the same token,the City has to think about the future of Yorkville and that is what the ZBA does. He believes in approving this that the Council would be looking backwards and not forwards. Mark Johnson told a story discussing his old friend,the Blackberry Creek dam and how it is hard to say goodbye. The dam has had a long and wonderful life. It is over 178 years old. As a child,the dam taught him that even though things may be old, it doesn't mean that they are not still strong and dependable. The dam is a treasure. It was the first mill dam built in Kendall County in 1834. The dam and mill were renovated at approximately 1855. This is part of Old Bristol and Yorkville's history. He will miss the dam when it is gone and wanted to give it some well-deserved honor. He also wanted to comment on how he was treated by the Patch as it pertains to the story. He commented on the Patch about the dam removal and the cost of removing it.Not about whether it needed removing or not. Retaliatory comments were The Minutes of the Regular Meeting of the City Council—January 24, 2012—Pa2e 2 of 8 allowed to be printed. The information that is in the City packets is incomplete. After searching different dates,committee meetings, and City Council meetings,he was left without comprehensive information as to the final cost of the dam removal. He saw IDNR estimates from 2007 to be 1.5 million and saw another note stating that IDNR has allocated 2 million reserved for this project. He also noted that this dam removal will be done in two phases. Phase one is doing some preliminary work diverting the water upstream. That cost was estimated at$200,000.Phase two will include the work necessary to restore approximately 1200 feet of Blackberry Creek channel upstream of the dam and removal of the dam. He was wrong to assume that the dam had to be removed in order to rebuild the bridge. It doesn't and it isn't going to be. He read that the removal of the dam is one of the very last activities of the project so if for some unforeseen reason the IDNR no longer had project dollars available the stream system would basically revert back to pre-project conditions without need for the City to be forced to complete the work. If so,the YBSD would be forced to address dam safety stability or removal of the dam. He does not want to stand in the way of the dam removal. If it is a danger to the new bridge or if it is a problem then it needs to be removed. He questions the need for spending 2 million dollars. If they have to take the dam out because of the bridge then go ahead and do it and try to do it in an efficient manner,but don't go spending 2 million dollars of the taxpayer's money on something that doesn't really need to be done. CONSENT AGENDA 1. Bills for Payment-$695,931.43 (CC 2012-07) 2. Water Reports for August-November 2011 (PW 2012-01) 3. Windett Ridge—Call of Performance Bonds—authorize City Clerk to call Travelers Indemnity Company Bond No. B21878117 in the amount of$142,937.37 and Lexon Insurance Company Bond No. 1004373 in the amount of$227,700.00(PW 2012-02) 4. IDOT Supplemental Letter of Understanding for IL Route 47 &IL Route 71 Regarding Upgrade of Existing Traffic Signals with LED Units—authorize Mayor to execute(PW 2012-03) 5. Kendall Marketplace Improvements-Change Order No. 1 —approve a decrease in an amount not to exceed$3,420.19 and authorize Mayor to execute (PW 2012-08) 6. Bristol Bay Unit 5—Final Acceptance and Bond Reduction—accept public improvements for watermain, sanitary sewer, storm sewer,paving, and street lighting as described in the Bill of Sale for ownership and maintenance; and authorize a reduction to the following bonds:Armor Insurance Company Bond No.ARM]0354 in an amount not to exceed$184,114.34,Armor Insurance Company Bond No.ARM10691 in an amount not to exceed$9,707.73, and Safeco Insurance Company ofAmerica Bond No. 6544064 in an amount not to exceed$21,951.18, all subject to verification that the developer has no outstanding debt owed to the City for this project (PW 2012-09) 7. Treasurer's Report for December 2011 (ADM 2012-02) 8. NIMEC Bid for Electric Accounts—authorize City Administrator and Finance Director to approve low bid and execute contracts for the NIMEC bid cycle ending April 10, 2012 (ADM 2012-05) 9. Audit RFP Vendor Selection—award 5-year contract for auditing services to Lauterbach &Amen,LLP in a total amount not to exceed$176,360 and authorize City Administrator or Finance Director to execute engagement letter(ADM 2012-06) 10. Redistricting—Ward Map—approve draft ward map labeled Alternate#2, as presented to the Administration Committee on January 19, 2012,for presentation to the public at a public hearing (ADM 2011-41) Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Spears; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye, Funkhouser-aye, Gilson-aye, Teeling-aye,Kot-aye REPORTS MAYOR'S REPORT Appointment of Building Code Official—Peter Ratos (CC 2012-08) Mayor Golinski entertained a motion to approve the appointment of Peter Ratos as building code official. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Mayor Golinski stated the City's past code official, Mr. Hardin,took a job in Texas. Peter Ratos,who was the City's second choice, started with the City last Tuesday. Mayor Golinski decided to choose him rather than begin new interviews.He was grateful that Mr. Ratos was still available.Mr. Ratos is a licensed plumber, so the City will no longer have to outsource plumbing inspections. Alderman Spears stated he is well qualified and believes he will do an excellent job for Yorkville. Motion approved by a roll call vote. Ayes-7 Nays-0 The Minutes of the Regular Meeting of the City Council—January 24, 2012—Page 3 of 8 Kot-aye, Spears-aye,Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-aye Blackberry Creek Dam Intergovernmental Agreement (PW 2012-07) Mayor Golinski entertained a motion to approve an Intergovernmental Agreement among the state of Illinois Department of Natural Resources,the United City of Yorkville, and the Yorkville Bristol Sanitary District for the Blackberry Creek Dam removal and restoration project and authorize the Mayor and City Clerk to execute. So moved by Alderman Teeling; seconded by Alderman Milschewski. Mayor Golinski stated this was in Public Works committee. There was incorrect language in the document. It went back to IDNR to have the language removed. IDNR claimed it was never their intent to have that language so it was removed. IDNR sent a new agreement but it did not go through their legal department.Now it will be tabled and come back on February 14,2012. Alderman Gilson read different parts of the agreement and asked questions. Who completes the dam, if IDNR decides not to complete it? City Administrator Olson stated anybody or nobody. The City would be responsible for the YBSD,to complete it if it stopped mid stream. The project can be abandoned with absolutely no responsibility from anyone to complete it. Alderman Gilson struggles over wasting taxpayer dollars and if the City goes forward there should be somebody required to complete it. City Administrator Olson stated the City is at the mercy of the state.Alderman Gilson asked what the precedent is if there is a disagreement between the City and joint inspection. City Administrator Olson stated litigation or negotiation. Alderman Gilson asked if there was a fence that has to be removed. Public Works Director Dhuse stated the fence is on the south side of the road and this project is on the north side. It is not related to the dam. Alderman Gilson asked if there were any utilities that had to be moved or altered. There were not. There was discussion among Alderman Gilson, City Administrator Olson,Public Works Director Dhuse, and EEI Engineer Freeman in regards to how much the operation,maintenance,and rehabilitation will cost the City. There has not been a dollar amount assigned,yet. Once the dam is removed it will be a natural creek. There might be brush removal from time to time but that would be hard to quantify from a cost perspective. Alderman Gilson is concerned that the City's responsibilities may be costly. The entire agreement is structured that IDNR will pay for the project and complete it but they do not want any jurisdiction over it after that. The maintenance should be very low for our area. Alderman Gilson asked if the City did any stability or maintenance with the previous dam. City Administrator Olson stated up till 6 months ago the actual ownership of the dam and the surrounding area was still under discussion. The City has come a long way in a few months. Alderman Gilson asked about the eligibility for the national flood insurance and the letter said the City will without cost from financial resources seek a letter of Map revision,LMOR from FEMA to update city flood insurance study and associated master to reflect 100 year flood profile changes resulting in completion of the project. Did we do that at the previous Dam? City Administrator Olson doesn't recall the last time he saw the FEMA maps. Public Works Director Dhuse stated since nothing has changed prior to this,there wouldn't have to be a letter of map revision. EEI Engineer Freeman stated based on the ordinance it states it is the City's responsibility to maintain. Alderman Gilson said this is something the City is going to have to seek at cost to us. He was curious if anyone had to do that previously?Public Works Director Dhuse stated there are current maps now and since it hasn't been changed before it has never had to be revised. City Administrator Olson stated FEMA maps are sent out every four or five years.EEI Engineer Freeman stated it depends on when they study the creeks. Unless there are changes to the creek there would be no reason to change those flood plain maps. Once the dam is removed,water levels are going to drop through that section and it is going to have a different hydraulic profile for that reason the agreement is stating that it is the City's responsibility to file with FEMA. Through the design process,they will have all the data that is needed to put with the application for the letter of map revision to give to FEMA to get the map changed based on the condition of the dam. Alderman Gilson asked if there is any cost to the City for that. EEI Engineer Freeman stated that is something the City's engineering department would help with. Alderman Gilson stated he is not trying to stop the dam. He just wanted the details. He wanted to know the cost to the City for its involvement in this project. City Administrator Olson stated if the City gets it under the nationwide permit there is no cost for that. The City estimated it would be about a week for a parks crew to clear some underbrush near the dam. Then just coordination is needed as the project moves along. Alderman Gilson stated no additional cost above and beyond that. City Administrator Olson stated the agreement is written that if the City has control over something or if there is a way that it can partner that they are allowed to use our equipment. This would be done so the project could be completed as quickly as possible and save the state money. Once it is completed and the maintenance is turned over to the City. Yorkville is not anticipating any additional costs. Alderman Colosimo is for the removal of the dam because it was sold to the City as a safety issue. The City is building a new bridge and spending millions of dollars doing it and if the dam gives way, it would destroy this bridge. He understands that and that is why he is ok with removing the dam,however he has a problem with the state saying it is a public safety issue unless it runs out of money. Is the dam an endangerment to the bridge which is going to cost the tax payers millions of dollars if it is damaged?If so he is all for removing it,but if it is not then leave it in. That is where he has a frustration with the state of The Minutes of the Regular Meeting of the City Council—January 24, 2012—Page 4 of 8 Illinois. Alderman Gilson stated the IDNR said if it is not completed it is just going to revert back to its original state and there is not going to be a problem. If it is such a danger,how can that be? City Administrator Olson stated the state has not characterized it to him as an imminent danger. He doesn't know if they even know that the dam is necessarily failing. Given the age of it,it's potentially suspect construction statement at the time. There is very expensive public property downstream that they have put in. That was the justification for removing it.You never know when it is going to go, and if they have money budgeted in the state for dam removal this is probably one of the better candidates compared to other places. Alderman Gilson stated he received an email talking about attachments#2&#3,which are substantial,having to do with taxpayer's property rights along the creek and that the City didn't post that there are some rights changing of the property along that dam removal. Is that anything that the City has looked into? City Administrator Olson hasn't seen it but is happy to take a look at it. Alderman Gilson wanted to know if somebody had to have notification of their rights changing. Alderman Spears stated back then the state was on a big crusade to get rid of all the dams. That was their goal. It was a maintenance issue with the state. They held a public hearing and the majority of people attending were trying to save the dam. One man stood up and said to remove it. That got the ball rolling. The state did everything they could to try to get the dam removed. The City had a sharp engineer that came up with the design of the four step system. It was just remarkable how the state put a big turn on the necessity of removing that dam.Now the City has the dam, field step shoot, and canoe shoots. She asked if the state is trying to trick the City or does Yorkville really need to remove this dam. If it is a public safety issue,then remove it. She doesn't want to put the new bridge in harm's way,but if the state is following their goal, then the Council should just leave it in. EEI Engineer Freeman stated the state has not said that it is a safety issue,but he thinks there is some recognition that this structure is 170 years old. The construction of that dam,as he understands it, is not very conventional. To be able to access the long term structural integrity of the dam is difficult. It is difficult to say how long the dam will be there. The dam is not able to be structurally evaluated fully and that should cause a level of concern to the City by the SDA and folks in that area. There is also an environmental benefit of taking the dam out. If the dam was removed it would be an opportunity for fish migration further to the north,which would be a positive for the water shed. It would also improve the water quality having a freer flowing stream there.Mayor Golinski likes the dam but is concerned that if the City replaces the bridge and the dam failed what the consequences would be.Alderman Gilson stated that he hates buying into a broken system. Mark Johnson wanted to comment about the property owners. He knows of three property owners where their surveys date back a long time ago and their property is tied into the Blackberry Creek. He was only able to reach one owner who was surprised that the dam was on the agenda. This could have an effect on what land they own. Someone needs to talk to those land owners. Mayor Golinski stated wouldn't that be IDNR's responsibility. City Administrator Olson stated IDNR hasn't even started really phase one. This is the first step. He assumes the land acquisition or property rights would have to be handled at some point during phase 1 or phase 2 processes when the design gets filled out. Alderman Gilson stated wouldn't the city want to contact the property owners before it spends money on planning and design. If they are not willing to cooperate, doesn't that change everything?City Administrator Olson stated he wouldn't as a City Staff member but as an IDNR staff member,maybe. City Attorney Orr stated the City has to have the design before the property owners can be told. Mark Johnson stated the preliminary design is out on the website of the City. City Attorney Orr stated an engineering design is needed. Mark Johnson stated this definitely shows their property being affected. City Attorney Orr stated she made a note of that and the City will address it. Alderman Colosimo made a motion to table; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye PUBLIC WORKS COMMITTEE REPORT IDOT Letter of Understanding Regarding the Proposed Widening of Route 34 (PW 2012-04) A motion was made by Alderman Gilson to approve a letter of understanding between the United City of Yorkville and IDOT regarding the proposed widening of Route 34 and authorize and Mayor and City Clerk to execute; seconded by Alderman Milschewski. Alderman Gilson stated this particular item went into Public Works Committee and there was a lot of discussion on these letters of understanding and what the state wants from us and what the City doesn't get back from the state. The state has no funding for this project within their 5 year budget for 2017. This is a prime example of a broken system. The state hasn't committed to funding this,yet they want Yorkville to commit to these funds in total of$230,200. He doesn't see why any Council in any City would commit to a project that,not only has IDOT not committed to,but they haven't found enough money to fund. He feels the City should say no to this letter of understanding. That was the discussion that went on in Public Works Committee. Alderman Kot asked if the Council doesn't approve this letter The Minutes of the Regular Meeting of the City Council—January 24, 2012—Page 5 of 8 of understanding,then the City is sending a message to the state that it does not want this to happen. City Administrator Olson stated yes. Alderman Kot stated the City has the trail in this proposal. He asked if the City has potential of recapture of those funds on future commercial development to a point where it might be a significant percentage of what the City owes. City Administrator Olson stated it could be if the City has a frontage west of Arbor Creek and there is a commercial parcel there. When that commercial parcel develops they would be required to put in a trail there, so that is something the City could ask them to reimburse us for having installed it prior to that. Alderman Kot takes a different view than Alderman Gilson. He agrees the system is broke,but it is the way they play the game. If the City doesn't want to play the game then it is not going to get things done.His concern is putting a big expenditure off to a future Council. If the City doesn't plan ahead,nothing is going to get accomplished in Yorkville. If the economy doesn't rebound they are probably not going to widen the road anyway. This is going to keep getting pushed off into the future. He thinks the city would be foolish to pass this up, especially in light of the fact that the City is going to get some money for future development to pay for some of this. He is going to support this. Alderman Spears agrees with Alderman Gilson. She would not support this,because of what the state did to Yorkville in the past. If the state doesn't have it in their five year plan then she doesn't think the City should plan on working with the state. Also as far as getting rebates from future developers,the way the direction the city is going right now is it probably would wave that just to get the businesses in. She is going to vote against this. Alderman Colosimo stated the biggest concern he has is kicking an obligation of$230,000 to a Council in 2017. That is the problem he sees with these budget request from the state. If the City has the money and it is useful and the City wants to widen 34 then that is great but the City doesn't know our 2013 budget. He is not willing to commit$230,000 in 2017. Mayor Golinski agrees with Alderman Colosimo sentiment,but unfortunately if Yorkville wants IDOT to do a 7.5 million dollar road project it has to be committed to far in advance.Voting no ensure that Route 34 will not be widened in Yorkville. Alderman Funkhouser stated$230,000 to push it off is concerning. The City is just now getting into our five-year budget so you're looking to 2017. If the City doesn't do it, it may never get done. Yorkville wants the improvement but just doesn't have the funding in place or guarantee it will be in place.Their request for a letter of commitment is pretty difficult to swallow. This contract does not give us any numbers as to what it will cost the city if Yorkville has to do changes in the future. He would like to say he is in favor of moving forward but has a little reservation about costs to the City and not knowing the future budget. Mayor Golinski asked if the Council had previously approved the design for phase 1 engineering and when it occurred. City Administrator Olson stated more than a couple of years ago.Alderman Gilson stated the City is ultimately going to hurt its residents anyway. The budget from 2013 to 2017 looks atrocious. The City will end up taxing and the burden is going to fall on the residents for all this debt that the City keeps throwing on future administrations. The City is not going to be able to pay for this and eventually it is going to come out of our resident's pockets. IDOT says they are not sure if they can afford it, so they are not going to commit to it, so Yorkville should not commit to it either. To vote for this and keep throwing debt on future years the residents are going to pay for it. City Administrator Olson wanted to address the point that Alderman Funkhouser made. The sole purpose of the letter from IDOT is when the time comes to widen the road and the City begins wanting changes, IDOT can say that the City committed to this prior and had City Council direction. IDOT is fine with taking items out but due to this letter,the City will have to pay a portion of the cost. City Administrator Olson stated it would be cheaper for the City to say to put it all in and then pull it out at the last second instead of the opposite. It is much easier to engineer something out than to engineer something in. EEI Engineer Freeman stated the City is in phase 2 so they are doing the detailed plans for the project with hundreds of pages of improvements. If the City is going to go forward then they need to put on those plans whatever is needed and IDOT is going to engineer around that. If the trail is not going to be there then the design will be different and the plans need to be completed in that way.When IDOT is actually ready to go to construction and know what the numbers specifically are then they will come to the City and the Council will have to make a decision. Should the Council keep the items in and move forward. Does the City have the money to pay for it or should it be taken out. If the Council takes it out it will be a certain cost. If the Council decides now and says engineer it without the trails,and five years from now, the City has the money and wants to put the trails in for they think that is a good part of this project,then it is going to be more to do that because now reengineering has to be done for the City would be adding a design rather than deleting a design.Alderman Gilson stated the real concern is the City won't have our portion of the funding or it will have to change the design based on our funding level. The City doesn't know what the penalties will be. It is ludicrous for the state to make Yorkville commit to a crystal ball in 2017 when the state can't even commit. EEI Engineer Freeman stated it is related to this 27 million dollar project and there is a lot of practice throughout the state where they are trying to get money for transportation or otherwise. The process takes time to get through those phases before they can program in that money so they need to make decisions. In or out, it is your choice. Motion approved by a roll call vote. Ayes-5 Nays-3 Spears-nay, Colosimo-nay,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-nay,Kot-aye, Golinski-aye The Minutes of the Regular Meeting of the City Council—January 24, 2012—Page 6 of 8 ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance Approving the Rezoning to the R-21)Duplex Two-Family Residence District and Variances for the Property Located at 312 Walter Street(Claesson Property) (PC 2011-10&ZBA 2011-02) A motion was made by Alderman Funkhouser to approve an ordinance approving the rezoning to the R- 2D duplex two-family residence district and variances for the property located at 312 Walter Street (Claesson Property) and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski. Alderman Funkhouser stated this went to Plan Commission and they made a favorable recommendation on this request. Then it went to the Zoning Board of Appeals and they made a unanimous negative recommendation to the Council. Then it came to the Economic Development Committee for review.No recommendation was made to the Council since a supermajority is needed. A recommendation was not made, for the Plan Commission figured there could be a better discussion at City Council instead of recommending just as a committee. Mayor Golinski asked the petitioner to speak at this time. Robert Claesson,the petitioner at 312 Walter Street, spoke in regards to having this rezoning passed. He bought this property in 1999 and it was on a street full of duplexes. His intention was to turn it into a duplex down the road. He did not think it would be a problem. He is not looking at changing this community.He was told the dimensions on his property aren't accommodating with the variances.None of the duplexes on his street meet the variances. He doesn't see why he shouldn't be allowed to do what his neighbors have been doing. He sent out 48 letters to his neighbors within 500 feet. One person complained and then lobbied his neighbors to get a couple other people to not promote it. Only three people are against it.If you are going to deny me,he would just like to know why. Alderman Milschewski stated residents didn't take a single family home and turn them into duplexes. They were built as duplexes. This home was built as a single family home.A true duplex to her is two residences under the same roof with two separate entrances. She doesn't see how he can sell half of it since he is keeping it as one lot. She does not support this.Alderman Colosimo was at the meeting with ZBA. He asked the petitioner if he was converting the garage space. The Petitioner stated no.His design has a single garage for each unit. Alderman Colosimo asked how many bedrooms are in unit one and unit two. The petitioner stated three bedrooms in each unit. Each unit has its own garage and there is room for two cars behind the garages. There is room for three cars off of the street on that property. His biggest concern,besides the resident input which is unfavorable,is he doesn't think the argument of the duplexes on the street holds water.When the duplexes were built,they did conform to the ordinance at the time. He is not a fan of spot zoning or providing variances. He agrees with Alderman Milschewski,this is clearly a single family home that would be remade into two units. It is really not a true duplex. He would strongly encourage the Council to vote no and accept the ZBA's unanimous recommendation. Alderman Funkhouser stated this area was done as single family and duplexes. Those home were built that way as either duplex or single family. This is a conversion. That is a primary difference in this neighborhood. The ZBA did not find anything that supported this. There is no difference between this that creates this as being an unusual property that would not apply to other surrounding properties. This is a typical piece that could apply to any other property which does not hold water in the findings of fact or the zoning board's decision. Therefore this does hold a lot of weight that they unanimously voted against this. He will not support this and does not feel this is an appropriate change of zoning and that is where he stands. Alderman Gilson stated he also sat through the ZBA hearings with Alderman Colosimo and listened to the objections of people in his ward. He feels that the ZBA's unanimous decision not to support this is acceptable and he will not be supporting this either.Alderman Teeling stated she is in agreement with everyone else. Those houses were built as duplexes. Motion failed by a roll call vote. Ayes-0 Nays-7 Spears-nay, Colosimo-nay,Funkhouser-nay, Milschewski-nay, Teeling-nay, Gilson-nay, Kot-nay PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD TIPS/TAPS Cooperative Purchasing System (CC 2012-09) Mayor Golinski entertained a motion to approve participation in the Tips/Taps cooperative purchasing system to purchase a tennis court lighting system for the Raintree Park tennis courts. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. The Minutes of the Regular Meeting of the City Council—January 24, 2012—Page 7 of 8 Alderman Spears asked how long has the firm been in business and did the City obtain any list of references. Director of Parks and Recreation Schraw gave a brief description of TIPS/TAPS. David Miller,with Muscular Sports Lighting, 1150 Alice Road,West Chicago,IL, stated this program has been around since 2002. It started in Texas and has expanded throughout different states. It has been in Illinois for a year. This streamlines the bid process. There is no membership fee for the program. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye, Spears-aye Resolution 2012-02 Approving a Revised Vendors in the Park Policy (CC 2011-134) Mayor Golinski entertained a motion to approve a resolution approving a revised vendors in the park policy and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Kot. Alderman Gilson asked under the yearly permit fees and the day permit fees,how much have those gone up. Director of Parks and Recreation Schraw stated 14 years ago the policy was $200 and it has remained $200 since, so they did take into consideration the comments from the last City Council meeting and they did keep the nonprofit fee for any party except for Town Square and for-profit they did raise at$100. It is an approach that Town Square Park nonprofit will be $300 and for-profit will be $400 and Riverfront was kept at the recommended prices from the previous draft. However for all parks she still felt it was a good idea to have it at$700 for nonprofit and thousand dollars for profit.Alderman Gilson stated so it went from$200 to$700 to $1000. Director of Parks and Recreation Schraw stated if someone just wanted to be at one park it would be $200-$300. Alderman Gilson struggles with this.He thinks it is a bad economy. He understands these fees were put in to play many years ago but he feels it is a bad time to be raising fees on businesses that are having a hard time trying to make it. As far as not-for-profit and vendors in the park,he just thinks the City should leave it alone. Motion approved by a roll call vote. Ayes-5 Nays-2 Teeling-aye, Gilson-nay,Kot-aye, Spears-nay, Colosimo-aye,Funkhouser-aye,Milschewski-aye Resolution 2012-03 Approving a Revised Park Rental and Use Policy (CC 2011-135) Mayor Golinski entertained a motion to approve a resolution approving a revised park rental and use policy and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Alderman Colosimo stated category A and B have the exact same prices. He asked if that is the way it is supposed to be and if so,why have two separate categories. Director of Parks and Recreation Schraw stated it is to give the different descriptions and to show that they are giving those different groups the same price. Alderman Colosimo asked if these categories are in order of precedence. City Administrator Olson stated yes. Motion approved by a roll call vote. Ayes-7 Nays-0 Gilson-aye,Kot-aye, Spears-aye, Colosimo-aye, Funkhouser-aye,Milschewski-aye, Teeling-aye PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT School Board Meeting Alderman Funkhouser reported on the school board meeting. They went through their financial planning five year plan program and showed projections of what they are looking at for the next several years. The Minutes of the Regular Meeting of the City Council—January 24, 2012—Page 8 of 8 Their forecast is relatively good for them. They are looking at raises and increases. Their overall programming sector looked pretty well. It is good to see the school board taking these numbers to heart. Recreation Committee for Facility Alternatives On the 18th the recreation committee for facility alternatives met. It was the kick off meeting. There will be another meeting January 30, 2012 where they will be discussing this issue a little more in depth. Metro West Council of Government Legislative Breakfast Mayor Golinski attended the Metro West Council of Government Legislative Breakfast. It was attended by State Representatives Keith Farnum, Michael Fortner,Kay Hatcher,Robert Prichard,Timothy Schmidtz and State Senators Linda Holmes, Christine Johnson and Chris Lawson. The 3 main topics of conversation were protecting municipal revenues, continuing public safety pension reform, and supporting e commerce sales tax collection. Our elected officials on the state level varied on their answers but all of them supported all three initiatives. Mayor Golinski was presented with a certificate for Yorkville's City Administrator Olson acknowledging his outstanding contributions as Kendall County Municipal Representative 2010-2011. STAFF REPORT Build Program Community Development Director Barksdale-Noble stated since the last City Council meeting she has had positive responses from buyers and the builder community about the build program. She has a link on the website about the information and believes it is going to be a good program. PRESENTATIONS Fiscal Year 2013 Budget Presentation (CC 2012-10) City Administrator Olson gave budget presentation# 1 on the Fiscal Year 2013 Budget.He presented on the lesser known budget funds,TIF funds, SSA's, capital funds, special revenue funds, debt service and the library. (See attached.)The City is going to roll out the budget, explain, and get clarifications and set up 2 months of City Council debate and discussion open ended on the budget. The plan is to do this over 3 presentations in City Council.After the presentations there will be a mandated public hearing,which is schedule on March 13,2012. Our end date for budget approval is April 20,2012. ADDITIONAL BUSINESS Train Derailment Mayor Golinski was disappointed in Rail Net for not notifying the City of the train derailment. He would like staff to contact Rail Net to let them know their# 1 priority is the safety of our citizens.Alderman Kot wants a report from Rail Net on the most recent and previous accident. Mayor Golinski wants to know the cause of the accident, also.Alderman Colosimo asked if the City reviews its emergency management plan every year. He would like that on the next Public Safety agenda. EXECUTIVE SESSION None. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye, Spears-aye, Colosimo-aye Meeting adjourned at 9:03 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois CfTy Reviewed By: X06 Legal ❑ Agenda Item Number Finance ❑ Mayor#1 EST. -� __ti 1838 Engineer ❑ City Administrator 0 : Human Resources ❑ Tracking Number Community Development ❑ CC 2012-07 Police Public Works ❑ City Council Agenda Item Summary Memo Title: Blackberry Creek Dam Removal Intergovernmental Agreement Meeting and Date: City Council—February 14, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. -�` Yid W3s From: Bart Olson, City Administrator -- � � CC: Date: February 10, 2012 C<wrMY Sad LE � Subject: Blackberry Creek Dam Intergovernmental agreement Summary Approval of an intergovernmental agreement with the Illinois Department of Natural Resources, Yorkville-Bristol Sanitary District, and the City for the removal of the Blackberry Creek Dam. Background This item was tabled at the January 24th City Council meeting, pursuant to IDNR revisions to the agreement. The revised agreement, both in track changes and clean format is attached. YBSD will be voting on the agreement on Monday, February 13th. The summary memo from the January 24th City Council meeting is attached. INTERGOVERNMENTAL AGREEMENT among the STATE OF ILLINOIS/ DEPARTMENT OF NATURAL RESOURCES, the UNITED CITY OF YORKVILLE and the YORKVILLE-BRISTOL SANITARY DISTRICT for the BLACKBERRY CREEK DAM REMOVAL AND RESTORATION PROJECT Contract OWR-267 1-31-12 This AGREEMENT is made among the United City of Yorkville, hereinafter referred to as the "CITY", the Yorkville-Bristol Sanitary District, hereinafter referred to as the "DISTRICT", and the State of Illinois/Department of Natural Resources, hereinafter referred to as "NATURAL RESOURCES", Witnesseth: WHEREAS, the CITY, DISTRICT and NATURAL RESOURCES are legal entities organized and existing under the laws of the State of Illinois having among their powers the authority to perform such undertakings as described herein under the "Intergovernmental Cooperation Act," 5 ILCS 220, and WHEREAS, the dam on Blackberry Creek, hereinafter referred to as the "DAM", is a 12 foot high, 85 foot long, ashlar limestone masonry dam structure, owned by the DISTRICT, located 700 feet upstream of the confluence with the Fox River that is subject to the dam safety regulations of the state of Illinois; and WHEREAS, the Rock Island District of the U.S. Army Corps of Engineers; hereinafter referred to as the "CORPS"; has developed a draft report "Feasibility Study with Integrated Environmental Assessment — Blackberry Creek Critical Restoration Project, Kendall County, Illinois" which recommends removal of the DAM for fish connectivity into the Blackberry Creek; and WHEREAS, the DAM currently fragments Blackberry Creek and the Fox River by creating a barrier that denies fish and other aquatic organisms, including threatened species, access to quality habitat upstream of the DAM; and WHEREAS, removal of the DAM will restore stream connectivity between the Fox River and Blackberry Creek by providing fish passage at the DAM site and restore ecological functions to Blackberry Creek in the vicinity of the DAM; and WHEREAS, removal of the DAM will allow Fox River fish and microinvertebrates access to 32 miles of spawning and rearing habitat in Blackberry Creek resulting in increased fitness, distribution, and diversity of fish and microinvertebrates in Blackberry Creek and the Fox River; and WHEREAS, the west abutment of the DAM also serves as the west abutment of the CITY owned River Road Bridge over Blackberry Creek; and WHEREAS, the joint west abutment of the DAM and bridge has developed a large diagonal crack that has allowed movement of this abutment such that failure of the DAM and bridge abutment is imminent; and WHEREAS, the CITY has closed River Road bridge and is proceeding with plans to remove the existing bridge deck, center pier, and joint west DAM abutment and to construct a new bridge structure to span the entire channel; and WHEREAS, the DAM will require major modification or removal as a result of the bridge replacement project; and WHEREAS, the CITY, DISTRICT and NATURAL RESOURCES are each in favor of removal of the DAM, restoration of 1200 feet of Blackberry Creek waterway upstream of the DAM to restore stream connectivity between the Fox River and Blackberry Creek, and to provide a stable waterway within the reach previously impacted by the DAM, and any associated environmental mitigation, such work hereinafter referred to as the "PROJECT"; and WHEREAS, NATURAL RESOURECS has the statutory authority to take all measures necessary for conserving, preserving, distributing, introducing, propagating and restoring fish, mussels, frogs, turtles, game, wild animals, wild fowls, and birds, which includes the Blackberry Creek watershed Project, under 20 ILCS 805/805-100 Conservation of Fish and Game; and WHEREAS, NATURAL RESOURCES has the statutory authority to take all measures necessary for conserving, preserving, distributing, introducing, propagating, and restoring of fauna and flora, which includes the Blackberry Creek watershed Project, under 20 ILCS 805/805-105 Conservation of Fauna and Flora, and WHEREAS, the Illinois General Assembly appropriated funds to NATURAL RESOURCES under Public Act 97-0076, Part 6, Section 45 for the purposes of needed repairs and improvements on and to waterways and infrastructure, which includes the PROJECT; and WHEREAS, NATURAL RESOURCES has determined that execution of this AGREEMENT is subject to the signature requirements of the "State Finance Act," 301 LCS 105/9.02; and WHEREAS, under penalties of perjury, the CITY certifies that 36-6006169 is its correct Federal Taxpayer Identification Number and that the CITY is doing business as a government entity; and WHEREAS, under penalties of perjury, the DISTRICT certifies that 36-2777259 is its correct Federal Taxpayer Identification Number and that the DISTRICT is doing business as a government entity, and WHEREAS, the DISTRICT owns a portion of the lands required for construction, operation and maintenance of the PROJECT; and WHEREAS, NATURAL RESOURCES , the CITY, and the DISTRICT wish to 2 mutually cooperate to implement the PROJECT to the extent that NATURAL RESOURCES shall ensure the PROJECT construction is performed without costs to the DISTRICT and the DISTRICT shall provide all necessary lands currently owned by DISTRICT and required for the PROJECT without costs to NATURAL RESOURCES; and NOW THEREFORE, for and in consideration of the benefits to be derived from the completion of the PROJECT, the sufficiency of which is hereby acknowledged, it is agreed between the parties hereto as follows: PART A. SPECIAL CONDITIONS 1 . The recitals set forth are incorporated by reference and made a part hereof, the same constituting the factual basis for this transaction. 2. The PROJECT will be constructed by NATURAL RESOURCES in two Phases, identified as PHASE 1 and PHASE 2 in this AGREEMENT. PHASE 1 will include that work necessary to clear and construct a wetland preservation berm along the southwestern bank of Blackberry Creek within the PROJECT right-of-way, the construction of a wetland preservation high flow channel within the PROJECT right-of- way, and any necessary environmental mitigation work (see ATTACHMENT 1 — PHASE 1 PROJECT COMPONENTS). PHASE 1 costs are estimated at $200,000. PHASE 2 will include that work necessary to restore approximately 1200 feet of Blackberry Creek channel upstream of the DAM and the removal of the DAM (see ATTACHMENT 2 — PHASE 2 PROJECT COMPONENTS). PHASE 2 costs are estimated at $1 ,500,000.00. 3. NATURAL RESOURCES' funding obligation will terminate upon the completion of the PROJECT, June 30, 2015, or NATURAL RESOURCE's determination not to proceed with PHASE 2 whichever comes first. NATURAL RESOURCES, at its sole option, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if the Illinois General Assembly fails to make an appropriation sufficient to pay such obligation, or if the Governor decreases NATURAL RESOURCES funding for the PROJECT by reserving some or all of NATURAL RESOURCES appropriation(s) pursuant to the power delegated to the Governor by the Illinois General Assembly, or if NATURAL RESOURCES determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations, or if funds needed are insufficient for any reason. NATURAL RESOURCES will have no obligation to implement or complete the PROJECT without the necessary appropriation, re- appropriation, and availability of state funds. CITY and DISTRICT will be notified in writing of the failure of appropriation or of a reduction or decrease. 4. NATURAL RESOURCES will not participate in any PROJECT costs incurred by the CITY prior to the full execution of the AGREEMENT. 5. All provisions of this AGREEMENT will be binding upon the successors and assigns of the principal parties hereto. 3 6. This AGREEMENT may only be modified, assigned, supplemented, amended or extended by mutual agreement, in writing, by the parties hereto. 7. Attached hereto, marked "ATTACHMENT 4", consisting of two pages and made part hereof by reference, is a listing of certifications, which must be completed by both the CITY and DISTRICT. PART B. DEPARTMENT OF NATURAL RESOURCES 1 . PHASE 1 of the PROJECT will proceed under the direction of NATURAL RESOURCES utilizing NATURAL RESOURCES personnel and equipment with supplemental personnel, equipment and material provided by the CITY pursuant to Part C. Section 1 . NATURAL RESOURCES shall provide CITY and DISTRICT the opportunity to review and comment on final design plans for PHASE 1 before proceeding with construction. 2. PHASE 2 of the Project will proceed at the sole discretion of Natural Resources, based on availability of funds, accepted design plans, permits and land rights necessary to complete the Phase. For Phase 2, NATURAL RESOURCES will prepare, or cause to be prepared, final design plans, specifications, and construction bid documents, as necessary, for the PROJECT; advertise for bids as necessary, make contract award; supervise construction (resident engineering); and pay all construction costs associated with PHASE 2. 3. NATURAL RESOURCES will show on the document attached hereto as Attachment 3 all designated boundaries of the lands, easements, and rights-of-way, hereinafter referred to as "property rights" necessary for construction, environmental mitigation, operation, and maintenance of the PROJECT. If necessary, NATURAL RESOURCES will also, in coordination with the CITY, identify an appropriate spoil site for excess material produced during construction. 4. NATURAL RESOURCES will obtain all federal and state permits, in the name of the CITY, as may be necessary to construct and maintain the PROJECT. Per Part C, Section 9 of this AGREEMENT, the CITY will be responsible to pay any and all permit fees that may be required for the issuance of a permit for the PROJECT. 5. NATURAL RESOURCES shall determine whether to initiate construction of the PROJECT, or, if already in construction, whether to continue with work on the PROJECT, suspend future performance under this Agreement, or terminate this Agreement for the convenience of NATURAL RESOURCES, in any case where previously unknown hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601-9675), hereinafter "CERCLA", are found to exist in, on, or under any lands, easements, or rights-of-way that NATURAL RESOURCES determines to be required for the construction, operation, and maintenance of the PROJECT. Should NATURAL RESOURCES determine to initiate or continue with construction after considering any liability that may arise under CERCLA, NATURAL RESOURCES shall be responsible, 4 for the costs of clean-up and response, to include the costs of any studies and investigations necessary to determine an appropriate response to the contamination. 6. NATURAL RESOURCES will make periodic inspections subsequent to the completion of the PROJECT to ensure that adequate maintenance as defined in Part C, Section 8, is being performed on the PROJECT. Should NATURAL RESOURCES determine that a maintenance problem exists, a joint inspection will be scheduled and made by the CITY and NATURAL RESOURCES. Failure of the CITY to properly maintain the PROJECT as defined herein and as indicated by a written report of such inspection, will permit NATURAL RESOURCES , upon thirty (30) days written notice and continued failure of the CITY to perform the necessary maintenance work, to enter upon any of the PROJECT property rights and perform such maintenance work. In this instance, the CITY will reimburse NATURAL RESOURCES for any and all costs that may be incurred by NATURAL RESOURCES in connection therewith. PART C. UNITED CITY OF YORKVILLE 1 . For PHASE 1 , the CITY, as requested by NATURAL RESOURCES, shall provide supplemental personnel, equipment and material to assist NATURAL RESOURCES in completing PHASE 1 at no cost to NATURAL RESOURCES. However, CITY rental of any additional equipment not already owned by the city or the purchase of rock or other approved materials needed for the construction of PHASE 1 , and provided through normal procurement procedures of the CITY, will be eligible for reimbursement by NATURAL RESOURCES upon receipt and approval of rental billings or material invoices provided to NATURAL RESOURCES by the CITY. CITY shall also have the opportunity to review and provide comments on the PHASE 1 final design plans before construction proceeds. 2. For PHASE 2, the CITY will review and approve in writing, the final construction bid documents for the PROJECT, and will provide such written approval to NATURAL RESOURCES, prior to NATURAL RESOURCES advertising for construction bids. 3. The CITY will pay for all design and construction costs associated with any enhancements added to the PROJECT at the request of the CITY and agreed to by NATURAL RESOURCES. 4. The CITY will acquire in the name of the CITY, without cost to NATURAL RESOURCES or DISTRICT, all privately owned property rights required for any spoil site necessary for the PROJECT identified pursuant to Part B. Section 3. It is understood that any required PROJECT property rights owned by a unit of local government, drainage district or school district may remain in the name of such unit of local government, drainage district or school district. However, the CITY must obtain a permanent right of entry on any such property rights that will allow for the construction, operation and maintenance of the PROJECT by NATURAL RESOURCES and the CITY. All expenses associated with the property rights acquisition such as title commitments, attorney fees, survey costs, preparation of legal descriptions and plat drawings, appraisal costs, recording costs, and any other such incidental expenses will 5 be borne by the CITY. Prior to NATURAL RESOURCES advertising for bids, the CITY will furnish to NATURAL RESOURCES copies of all property rights documents acquired for the construction, operation and maintenance of the PROJECT for review and approval by NATURAL RESOURCES. 5. The CITY hereby grants all PROJECT property rights as shown in Attachment 3 and as identified for any spoil site pursuant to Part B. Section 3, held in the name of the CITY, to NATURAL RESORCES , its representatives, agents, contractors, and designees as a work area, including the right to move, store and remove equipment and supplies and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the PROJECT, together with the right to trim, cut, fell and remove therefrom selected trees, underbrush, obstructions, and any other vegetation, structures, or obstacles; reserving, however, existing easements for public roads and highways, public utilities, railroads and pipelines. 6. The CITY hereby grants to NATURAL RESOURCES the right to enter upon any PROJECT property rights as shown in Attachment 3 and as identified for any spoil site pursuant to Part B. Section 3 held by the CITY necessary for construction, construction inspection, operation, maintenance, maintenance inspection in the event the provisions of Part B, Section 6 herein are invoked by NATURAL RESOURCES for failure of the CITY to operate and maintain the PROJECT. 7. The CITY will be responsible for all utility alterations or relocation and for all fence removal and/or replacement required as a result of the PROJECT construction, including any utility and fence related work shown on the plans. Utilities include, but are not limited to, electrical, cable television, and communication lines and oil, gas, sewer, and water pipelines. 8. The CITY, without cost to NATURAL RESOURCES, will assume all responsibility for the operation, maintenance, and rehabilitation of the PROJECT after construction completion to ensure that it will serve the intended purpose. The PROJECT will be maintained in such a manner to assure that it will provide the required waterway capacity during flood, low flow, and during all other times. PROJECT maintenance will include, but not be limited to; keeping the site clear of all trash, debris and other matter that may tend to impede the proper and free flow of water. Measures will also be taken as required to maintain channel bank stability measures including grade control weirs, and to correct any substantial erosion problems. The CITY will not modify the PROJECT without first obtaining written approval of NATURAL RESOURCES. 9. The CITY authorizes NATURAL RESOURCES to serve as their agent in preparing all federal and state permit applications, in the name of the CITY, as may be required to construct and maintain the PROJECT. The CITY will be responsible to pay any and all permit fees that may be required for the issuance of a permit for the PROJECT. The CITY will be responsible to obtain any local permits required to construct and maintain the PROJECT and will provide copies of any such permits to NATURAL RESOURCES. Execution of this agreement does not relieve the CITY from obtaining any permit required by NATURAL RESOURCES. 6 10. The CITY will maintain, for a minimum of three years after the completion of the PROJECT, adequate books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds paid in conjunction with this AGREEMENT. This AGREEMENT and all books, records, and supporting documents related to the PROJECT will be made available for review and audit by the Illinois Auditor General and/or NATURAL RESOURCES. The CITY agrees to cooperate fully with any audit conducted by the Auditor General and/or NATURAL RESOURCES and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this Section will establish a presumption in favor of NATURAL RESOURCES for the recovery of any funds paid by NATURAL RESOURCES under this AGREEMENT for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 11 . The CITY will maintain eligibility in the National Flood Insurance Program. The CITY will continue to adopt and enforce required ordinances, satisfactory to the Federal Emergency Management Agency and NATURAL RESOURCES, relative to the regulation of development in floodplains under the jurisdiction and control of the CITY. The CITY, without cost to the NATURAL RESOURCES, will seek a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) to update the CITY flood insurance study and associated maps to reflect 100-year flood profile changes resulting from completion of the PROJECT. 12. CITY will hold and save NATURAL RESOURCES and any of its representatives, agents, contractors, and designees harmless against loss, damage, cause of action, fine or judgment including all costs connected therewith, such as attorney and witness fees, filing fees any other expenses incident thereto, that may be incurred by reason of personal injury, death, property damage, flood damage and any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the PROJECT, where said loss, damage, cause of action, fine or judgment has been found by a court of law to have arisen as a result of the negligent acts or omissions of the CITY. CITY will not be responsible to hold the NATURAL RESOURCES and, its representatives, agents, contractors, and designees harmless against any loss, damages, cost or expenses arising out of negligent acts or omissions by NATURAL RESOURCES or, its representatives, agents, contractors, and designees. PART D. DISTRICT 1 . For PHASE 1 , the DISTRICT shall have the opportunity to review and provide comments on the PHASE 1 final design plans before construction proceeds. 2. For PHASE 2, the DISTRICT will review and approve in writing, the final construction bid documents for the PROJECT, and will provide such written approval to the NATURAL RESOURCES, prior to NATURAL RESOURCES advertising for construction bids. 7 3. The DISTRICT hereby grants all PROJECT property rights as shown in Attachment 3 , held in the name of the DISTRICT, to NATURAL RESORCES , its representatives, agents, contractors, and designees as a work area, including the right to move, store and remove equipment and supplies and erect and remove temporary structures on the land, inspect PROJECT work, and to perform any other work necessary and incident to the construction of the PROJECT, including substantial removal of the DAM, together with the right to trim, cut, fell and remove there from selected trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way as shown on Attachment 3, reserving, however, existing easements for public roads and highways, public utilities, railroads and pipelines. 4. The DISTRICT hereby grants to NATURAL RESOURCES the right to enter upon any PROJECT property rights as shown in Attachment 3 held by the DISTRICT necessary for construction, construction inspection, operation, maintenance, maintenance inspection and in the event the provisions of Part B, Section 6 herein are invoked by NATURAL RESOURCES for failure of the CITY to operate and maintain the PROJECT. 5. The DISTRICT hereby grants all PROJECT property rights as shown in Attachment 3, held in the name of the DISTRICT, to the CITY, its representatives, agents, contractors, and designees for the purpose of perpetual maintenance of the PROJECT per Part C, Section 8 of this AGREEMENT; reserving, however, existing easements for public roads and highways, public utilities, railroads and pipelines. 6. The DISTRICT will maintain for a minimum of three years after completion of the PROJECT, adequate books, records, and other supporting documents to verify the amounts, recipients, and uses of all disbursements of funds paid in conjunction with this AGREEMENT. This AGREEMENT and all books, records, and supporting documents related to the PROJECT will be made available for review and audit by the Illinois Auditor General and/or NATURAL RESOURCES. The DISTRCT agrees to cooperate fully with any audit conducted by the Auditor General and/or NATURAL RESOURCES and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this Section will establish a presumption in favor of NATURAL RESOURCES for the recovery of any funds paid by NATURAL RESOURCES under this AGREEMENT for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 7. The DISTRICT agrees to accept all of the recoverable limestone blocks removed from the DAM as part of the PROJECT and agrees to provide a suitable stockpile location on DISTRICT property above regulatory floodplain limits. 8. DISTRICT will hold and save NATURAL RESOURCES and any of its representatives, agents, contractors, and designees harmless against loss, damage, cause of action, fine or judgment including all costs connected therewith, such as attorney and witness fees, filing fees any other expenses incident thereto, that may be incurred by reason of personal injury, death, property damage, flood damage and any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the PROJECT, where said loss, damage, cause of action, fine or 8 judgment has been found by a court of law to have arisen as a result of the negligent acts or omissions of the DISTRICT. DISTRICT will not be responsible to hold NATURAL RESOURCES and, its representatives, agents, contractors, and designees harmless against any loss, damages, cost or expenses arising out of negligent acts or omissions by NATURAL RESOURCES or, its representatives, agents, contractors, and designees. 9. NATURAL RESOURCES will have no funding obligation toward the DISTRICT under this AGREEMENT. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written, and represent that the signatories below are duly authorized to execute this AGREEMENT for the BLACKBERRY CREEK DAM REMOVAL AND RESTORATION PROJECT on behalf of their respective bodies, and that the effective date of this AGREEMENT is the date approved and executed by the Director of NATURAL RESOURCES. 9 STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES RECOMMENDED: APPROVED: Arlan R. Juhl, Director Marc Miller, Director Office of Water Resources Department of Natural Resources Date: Date: Required additional Department signatures for contracts and contract renewals totaling$250,000 or more per 30 ILCS 105/9.02. APPROVED: Mitch Cohen Damon Stotts Chief Legal Counsel Acting Chief Fiscal Officer Date: Date: UNITED CITY OF YORKVILLE ATTEST: APPROVED: Yorkville City Clerk Yorkville City Mayor Date: Date: YORKVILLE-BRISTOL SANITARY DISTRICT ATTEST: APPROVED: District Secretary Executive Director Date: Date: Attachments: 1. Phase 1 Components 2. Phase 2 Components 3. Project Land Rights 4. Certifications 10 y,b� •� Phase 1 Overview + " ' g 0 75 150 300, Joe Feet ft z a i.. Wetland Mitigation ` Wetland reservation berm ^' 1 � � Existing Wetland Wetland Preservation Channel ! - •�, Outlet Pipe ` -� •• �- J A rw t ATTACHMENT 1 — PHASE 1 PROJECT COMPONENTS 11 Phase 2 Overview Map 75 150 300 Feat J 7, A' ' .r rK R �;F zlll .. CI'c1C21"LaL I¢aLOI - crcmml'� `^ ` ..� R�.e �'r We�antl Prasenahan Gilamal ter' " v " • tj`, Id PTBfiBIIHWlf1 9@I�II � o ATTACHMENT 2— PHASE 2 PROJECT COMPONENTS 12 s� 6 .'yk,, �,. .. ,��' 777■ ,� _x r .i 1 � __ �. ao Pat ^ lw;f �i-d _Fr •fx ,y .r, i �r9iY■R.!i 1 STANDARD CERTIFICATIONS FOR INTERGOVERNMENTAL AGREEMENTS Public Agency acknowledges and agrees that compliance with this section and each subsection for the term of the contract and any renewals is a material requirement and condition of this contract. By executing this contract Public Agency certifies compliance with this section and each subsection and is under a continuing obligation to remain in compliance and report any non-compliance. If this contract extends over multiple fiscal years including the initial term and all renewals, Public Agency shall confirm compliance with this section in the manner and format determined by the State by the date specified by the State and in no event later than July 1 of each year that this contract remains in effect. If the Parties determine that any certification in this section is not applicable to this contract it may be stricken without affecting the remaining subsections. 1. As part of each certification, Public Agency acknowledges and agrees that should Public Agency provide false information,or fail to be or remain in compliance with the Standard Certification requirements,one or more of the following sanctions will apply: • the contract may be void by operation of law, • the State may void the contract,and • the Public Agency or its agents may be subject to one or more of the following:suspension,debarment,denial of payment,civil fine,or criminal penalty. Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other sanctions or preclude application of sanctions not specifically identified. 2. Public Agency certifies it and its employees will comply with applicable provisions of the U.S.Civil Rights Act, Section 504 of the Federal Rehabilitation Act,the Americans with Disabilities Act(42 U.S.C.§ 12101 et seq.)and applicable rules in performance under this contract. 3 If Public Agency employs 25 or more employees and this contract is worth more than$5000, Public Agency certifies it will provide a drug free workplace pursuant to the Drug Free Workplace Act. (30 ILCS 580) 4. Public Agency certifies that the Public Agency is not participating or shall not participate in an international boycott in violation of the U.S. Export Administration Act of 1979 or the applicable regulations of the U.S.Department of Commerce. This applies to contracts that exceed$10,000 (30 ILCS 582). 5. Public Agency certifies it complies with the Illinois Department of Human Rights Act and rules applicable to public contracts, including equal employment opportunity,refraining from unlawful discrimination,and having written sexual harassment policies(775 ILCS 512-105). 6. Public Agency certifies it does not pay dues to or reimburse or subsidize payments by its employees for any dues or fees to any "discriminatory club"(775 ILCS 2512). 7. Public Agency warrants and certifies that it and,to the best of its knowledge,its subcontractors have and will comply with Executive Order No. 1 (2007). The Order generally prohibits Contractors and subcontractors from hiring the then-serving Governor's family members to lobby procurement activities of the State,or any other unit of government in Illinois including local governments if that procurement may result in a contract valued at over$25,000. This prohibition also applies to hiring for that same purpose any former State employee who had procurement authority at any time during the one-year period preceding the procurement lobbying activity. 8. Public Agency certifies that information technology, including electronic information,software,systems and equipment,developed or provided under this contract will comply with the applicable requirements of the Illinois Information Technology Accessibility Act Standards as published at www.dhs.state.il.usliitaa. (30 ILCS 587) AGENCY SIGNATURE PRINTED NAME TITLE TAXPAYER IDENTIFICATION NUMBER I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c) the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.person(including a U.S. resident alien). • If you are an individual, enter your name and SSN as it appears on your Social Security Card. • If you are a sole proprietor, enter the owner's name on the name line followed by the name of the business and the owner's SSN or EIN. If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner's name on the name line and the d/b/a on the business name line and enter the owner's SSN or EIN. • If the LLC is a corporation or partnership, enter the entity's business name and EIN and for corporations,attach IRS acceptance letter(CP261 or CP277). • For all other entities,enter the name of the entity as used to apply for the entity's EIN and the EIN. Name: Business Name: Taxpayer Identification Number: Social Security Number or Employer Identification Number Legal Status(check one): ❑ Individual ❑ Governmental ❑ Sole Proprietor ❑ Nonresident alien ❑ Partnership ❑ Estate or trust ❑ Legal Services Corporation ❑ Pharmacy(Non-Corp.) ❑Tax-exempt ❑ Pharmacy/Funeral Home/Cemetery(Corp.) ❑ Corporation providing or billing ❑ Limited Liability Company(select applicable tax classification) medical and/or health care services ❑ D=disregarded entity ❑ C=corporation ❑ Corporation NOT providing or billing ❑ P=partnership medical and/or health care services Signature: Date: Memorandum To: City Council EST. -�` Yid 1s36 From: Bart Olson, City Administrator -- � � CC: Date: January 20, 2012 C<wrMY Sad �LE 1 ` Subject: Blackberry Creek Dam Removal Intergovernmental Agreement Summary Approval of an intergovernmental agreement between the City, YBSD, and the Illinois Department of Natural Resources governing the removal of the Blackberry Creek Dam. Background This item was discussed at the January Public Works Committee meeting. The memo from that meeting is attached. At that meeting, the Public Works Committee discussed the agreement and the understanding that if construction were to stop mid-project, that the City would be responsible for completing the project with City funds. With this understanding, the Public Works Committee directed staff to notify YBSD and the IDNR that the City would not approve an agreement with that guarantee included. After the meeting, IDNR staff clarified that the agreement was not supposed to require the City to guarantee completion of the project, so they removed the offending language. As a result, the City staff finds the agreement to meet the requirements of the Public Works Committee and the Mayor has placed approval of the agreement on the City Council agenda. In order to complete the dam removal project under a nationwide EPA permit (saves the City$10,000 in permit fees and 6+months of review time), the IDNR needs the City to approve the agreement by the end of January. Accordingly, staff recommends approval of the intergovernmental agreement as presented in the packet. DRAFT ,INTERGOVERNMENTAL AGREEMENT Field Code Changed among the STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES, the UNITED CITY OF YORKVILLE and the YORKVILLE-BRISTOL SANITARY DISTRICT forthe BLACKBERRY CREEK DAM REMOVAL AND RESTORATION PROJECT Contract XXX 1-20U-12 This AGREEMENT is made among the United City of Yorkville, hereinafter referred to as the "CITY", the Yorkville-Bristol Sanitary District, hereinafter referred to as the "DISTRICT", and the State of Illinois/Department of Natural Resources, hereinafter referred to as "NATURAL RESOURCES", Witnesseth: WHEREAS,the CITY, DISTRICT and NATURAL RESOURCES are legal entities organized and existing under the laws of the State of Illinois having among their powers the authority to perform such undertakings as described herein under the "Intergovernmental Cooperation Act,"5 ILCS 220; and WHEREAS,the dam on Blackberry Creek, hereinafter referred to as the"DAM", is a 12 foot high, 85 foot long, ashlar limestone masonry dam structure, owned by the DISTRICT, located 700 feet upstream of the confluence with the Fox River that is subject to the dam safety regulations of the state of Illinois; and WHEREAS, the Rock Island District of the U.S. Army Corps of Engineers; hereinafter referred to as the "CORPS"; has developed a draft report"Feasibility Study with Integrated Environmental Assessment— Blackberry Creek Critical Restoration Project, Kendall County, Illinois"which recommends removal of the DAM for fish connectivity into the Blackberry Creek; and WHEREAS,the DAM currently fragments Blackberry Creek and the Fox River by creating a barrier that denies fish and other aquatic organisms, including threatened species, access to quality habitat upstream of the DAM; and WHEREAS, removal of the DAM will restore stream connectivity between the Fox River and Blackberry Creek by providing fish passage at the DAM site and restore ecological functions to Blackberry Creek in the vicinity of the DAM; and WHEREAS, removal of the DAM will allow Fox River fish and microinvertebrates access to 32 miles of spawning and rearing habitat in Blackberry Creek resulting in increased fitness, distribution, and diversity of fish and microinvertebrates in Blackberry Creek and the Fox River; and WHEREAS, the west abutment of the DAM also serves as the west abutment of the CITY owned River Road Bridge over Blackberry Creek; and WHEREAS,the joint west abutment of the DAM and bridge has developed a large diagonal crack that has allowed movement of this abutment such that failure of the DAM and bridge abutment is imminent; and WHEREAS, the CITY has closed River Road bridge and is proceeding with plans to remove the existing bridge deck, center pier, and joint west DAM abutment and to construct a new bridge structure that will to span the entire channel; and WHEREAS, the DAM will require major modification or removal as a result of the bridge replacement project; and WHEREAS, the CITY, DISTRICT and NATURAL RESOURCES are each in favor of removal of the DAM, restoration of 1200 feet of Blackberry Creek waterway upstream of the DAM to restore stream connectivity between the Fox River and Blackberry Creek, and to provide a stable waterway within the reach previously impacted by the DAM, and any associated environmental mitigation, such work hereinafter referred to as the "PROJECT"; and WHEREAS, NATURAL RESOURCS has the statutory authority to take all measures determined that the PRO ECT is necessary for conserving, preserving, distributing, introducing, propagating and restoring fish, mussels, frogs, turtles, game, wild animals, wild fowls, and birds and game,and the which includes the Blackberry Creek watershed Project, under 20 ILCS 805/805-100 Conservation of Fish and Game; and WHEREAS, NATURAL RESOURCES has the statutory authority to take all measures necessary for conserving, preserving, distributing, introducing, propagating, and restoring of fauna and flora,which includes the Blackberry Creek watershed Project, approved r,arti„ipation an the PRO ECT to the extent allowed by its stat tor„ +under 20 ILCS 805/805-105 co, 805.105 Conservation of Fauna and Flora; and WHEREAS, the Illinois General Assembly appropriated funds to NATURAL RESOURCES under Public Act 97-0076, Ar-t+efe Part 6, Section 45 for the purposes of needed repairs and improvements on and to waterways and infrastructure, which includes the PROJECT; and WHEREAS, NATURAL RESOURCES has determined that execution of this AGREEMENT is PGt-subject to the signature requirements of the"State Finance Act," 30ILCS 105/9.02; and WHEREAS, under penalties of perjury, the CITY certifies that 36-6006169 is its correct Federal Taxpayer Identification Number and that the CITY is doing business as a government entity; and 2 WHEREAS, under penalties of perjury, the DISTRICT certifies that 36-2777259 is its correct Federal Taxpayer Identification Number and that the DISTRICT is doing business as a government entity; and WHEREAS, the DISTRICT owns a portion of the lands required for construction, operation and maintenance of the PROJECT; and WHEREAS, NATURAL RESOURCES , the CITY, and the DISTRICT wish to mutually cooperate to implement the PROJECT to the extent that NATURAL RESOURCES shall ensure the PROJECT construction is performed without costs to the DISTRICT and the DISTRICT shall provide all necessary lands currently owned by DISTRICT and required for the PROJECT without costs to NATURAL RESOURCES, and NOW THEREFORE, for and in consideration of the benefits to be derived from the completion of the PROJECT, the sufficiency of which is hereby acknowledged, it is agreed between the parties hereto as follows: PART A. SPECIAL CONDITIONS 1. The recitals set forth are incorporated by reference and made a part hereof, the same constituting the factual basis for this transaction. 2. The PROJECT will be constructed by NATURAL RESOURCES in two Phases, identified as PHASE 1 and PHASE 2 in this AGREEMENT. PHASE 1 will include that work necessary to clear and construct a wetland preservation berm along the southwestern bank of Blackberry Creek within the PROJECT right-of-way, the construction of a wetland preservation high flow channel within the PROJECT right-of- way, and any necessary environmental mitigation work (see ATTACHMENT 1 — PHASE 1 PROJECT COMPONENTS). PHASE 1 costs are estimated at$200,000. PHASE 2 will include that work necessary to restore approximately 1200 feet of Blackberry Creek channel upstream of the DAM and the removal of the DAM (see ATTACHMENT 2— PHASE 2 PROJECT COMPONENTS). PHASE 2 costs are estimated at $X,XXX,XXX.00 3. PHASE 1 of the PRQ EGT will n ed under the direotien of NATI IRAI RESOURCES utilizing NATURAL RESOURCES neroe nt with 661ppleMeRtal o el and o en+provided by the QITV at n eat to NATI IRAI RESOURCES, and as requested by NATURAL RESOURCES. CITY rental of any additional equipment, not already owned by the city, and the purchase of rock or ot approved m"�Taterial needed for the construction of PHASE 1, requested re vu_ested by NATURAL L RESOURCES to construct PHASE 1-8f the PROJECT, and provided through normal procurement procedures of the CITY will he eligible for reimbursement rsement by NATURAL RESOURCES upon receipt and approval of rental billings or material invoices provided N to NATURAL RESQ IRGES by the CITY PHASE 1--c str e+ion sts are estimated Iry-rrrc vrnzv nc-vrrrr zv� vi'r ucnvrr-cv at$200,000. 4. PHASE 2 of the PRO ECT will n ee.d based OR availability of fuR do 3 i aGGepted design plans, permits and land rights necessary to complete the Phase. 5-3. NATURAL RESOURCES'funding obligation will terminate upon the completion of the PROJECT, or--June 30, 2015, or NATURAL RESOURCE's determination not to proceed with PHASE 2 whichever comes first. NATURAL RESOURCES, at its sole option, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if the Illinois General Assembly fails to make an appropriation sufficient to pay such obligation, or if the Governor decreases NATURAL RESOURCES funding for the PROJECT by reserving some or all of NATURAL RESOURCES appropriation(s) pursuant to the power delegated to the Governor by the Illinois General Assembly, or if NATURAL RESOURCES determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations, or if funds needed are insufficient for any reason. NATURAL RESOURCES will have no obligation to implement or complete the PROJECT without the necessary appropriation, re-appropriation, and availability of state funds. CITY and DISTRICT will be notified in writing of the failure of appropriation or of a reduction or decrease. 64. NATURAL RESOURCES will not participate in any PROJECT costs incurred by the CITY prior to the full execution of the AGREEMENT. 75. All provisions of this AGREEMENT will be binding upon the successors and assigns of the principal parties hereto. 66. This AGREEMENT may only be modified, assigned, supplemented, amended or extended by mutual agreement, in writing, by the parties hereto. 87. Attached hereto, marked "ATTACHMENT 24", consisting of two pages and made part hereof by reference, is a listing of certifications, which must be completed by both the CITY and DISTRICT. PART B. DEPARTMENT OF NATURAL RESOURCES 1. PHASE 1 of the PROJECT will proceed under the direction of NATURAL RESOURCES utilizing NATURAL RESOURCES personnel and equipment with supplemental personnel, equipment and material provided by the CITY pursuant to Part C. Section 1. NATURAL RESOURCES shall provide CITY and DISTRICT the opportunity to review and comment on final design plans for PHASE 1 before proceeding with construction. 2. PHASE 2 of the Project will proceed at the sole discretion of Natural Resources, based on availability of funds, accepted design plans, permits and land rights necessary to complete the Phase. For Phase 2, NATURAL RESOURCES will prepare, or cause to be prepared, final design plans, specifications, and construction bid documents, as necessary, for the PROJECT; advertise for bids as necessary; make contract award; supervise construction (resident engineering); and pay all construction costs associated with the r-rRQiECTPHASE 2. The DRQ F=GT will be GGRMFUGted RR phases as determined by NATURAL RESQ1 RG EFS. The CITY will pay for all desigR 4 and eonstruGtion costs assoGiated with any enhanE;emeRts added to the PROjECT at the request of the CITY 23. NATURAL RESOURCES will show on the plansdocument attached hereto as Attachment 3 all designated boundaries of the lands, easements, and rights-of-way, hereinafter referred to as "property rights" necessary for construction, environmental mitigation, operation, and maintenance of the PROJECT. If necessary, NATURAL RESOURCES will also, in coordination with the CITY, identify an appropriate spoil site for excess material produced during construction. MiRiMUM title, right, er interest required in each pareel of4a-d to ens.,. the prope none.+ri G inn and future iRtegrity of the PRC) EGT 34. NATURAL RESOURCES will obtain all federal and state permits, in the name of the CITY, as may be necessary to construct and maintain the PROJECT. Per Artie-IePart C, Paragraph 97 of this AGREEMENT, the CITY will be responsible to pay any and all permit fees that may be required for the issuance of a permit for the PROJECT. 45. NATURAL RESOURCES shall determine whether to initiate construction of the PROJECT, or, if already in construction, whether to continue with work on the PROJECT, suspend future performance under this Agreement, or terminate this Agreement for the convenience of NATURAL RESOURCES, in any case where previously unknown hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act(42 U.S.C. 9601-9675), hereinafter"CERCLA", are found to exist in, on, or under any lands, easements, or rights-of-way that NATURAL RESOURCES determines to be required for the construction, operation, and maintenance of the PROJECT. Should NATURAL RESOURCES determine to initiate or continue with construction after considering any liability that may arise under CERCLA, NATURAL RESOURCES shall be responsible, for the costs of clean-up and response, to include the costs of any studies and investigations necessary to determine an appropriate response to the contamination. 56. NATURAL RESOURCES will make periodic inspections subsequent to the completion of the PROJECT to ensure that adequate maintenance as defined in Article Part C, Paragraph 68, is being performed on the PROJECT. Should NATURAL RESOURCES determine that a maintenance problem exists, a joint inspection will be scheduled and made by the CITY and NATURAL RESOURCES. Failure of the CITY to properly maintain the PROJECT as defined herein and as indicated by a written report of such inspection, will permit NATURAL RESOURCES , upon thirty (30) days written notice and continued failure of the CITY to perform the necessary maintenance work, to enter upon any of the PROJECT property rights and perform such maintenance work. In this instance, the CITY will reimburse NATURAL RESOURCES for any and all costs that may be incurred by NATURAL RESOURCES in connection therewith. PART C. UNITED CITY OF YORKVILLE 1. For PHASE 1, the CITY, as requested by NATURAL RESOURCES, shall 5 provide supplemental personnel, e ui ment and material to assist NATURAL RESOURCES in completing PHASE 1 at no cost to NATURAL RESOURCES. However, CITY rental of any additional equipment not already owned by the city or the purchase of rock or other approved materials needed for the construction of PHASE 1, and provided through normal procurement procedures of the CITY, will be eligible for reimbursement by NATURAL RESOURCES upon receipt and approval of rental billings or material invoices provided to NATURAL RESOURCES by the CITY. CITY shall also have the opportunity to review and provide comments on the PHASE 1 final design plans before construction proceeds. 2. For PHASE 2,The-the CITY will review and approve in writing, the final construction bid documents for the PROJECT, and will provide such written approval to NATURAL RESOURCES, prior to NATURAL RESOURCES advertising for construction bids. 3. The CITY will pay for all design and construction costs associated with any enhancements added to the PROJECT at the request of the CITY and agreed to by NATURAL RESOURCES. 34. The CITY will acquire in the name of the CITY,without cost to NATURAL RESOURCES or DISTRICT, all privately owned property rights required for the-any spoil site necessary for the PROJECT identified pursuant to Part B. Section 3. cerRStruofinn o mental mitigatinn nnnrafinn and m infnnr RGe of the PRC)vEGT.It is understood that any required PROJECT property rights owned by a unit of local government, drainage district or school district may remain in the name of such unit of local government, drainage district or school district. However, the CITY must obtain a permanent right of entry on any such property rights that will allow for the construction, operation and maintenance of the PROJECT by NATURAL RESOURCES and the CITY. All expenses associated with the property rights acquisition such as title commitments, attorney fees, survey costs, preparation of legal descriptions and plat drawings, appraisal costs, recording costs, and any other such incidental expenses will be borne by the CITY. Prior to NATURAL RESOURCES advertising forbids, the CITY will furnish to NATURAL RESOURCES copies of all property rights documents acquired for the construction, operation and maintenance of the PROJECT for review and approval by NATURAL RESOURCES. 35. The CITY hereby grants all PROJECT property rights as shown in Attachment 3 and as identified for any spoil site pursuant to Part B. Section 3, held in the name of the CITY, to NATURAL RESORCES , its representatives, agents, contractors, and designees as a work area, including the right to move, store and remove equipment and supplies and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the PROJECT, together with the right to trim, cut, fell and remove therefrom selected trees, underbrush, obstructions, and any other vegetation, structures, or obstacles With'^the limits ef the right-of-way as showR en AttaGhment 3; reserving, however, existing easements for public roads and highways, public utilities, railroads and pipelines. 46. The CITY hereby grants to NATURAL RESOURCES the right to enter upon 6 any PROJECT property rights as shown in Attachment 3 and as identified for any spoil site pursuant to Part B. Section 3 held by the CITY necessary for construction, construction inspection, operation, maintenance, maintenance inspection in the event the provisions of Agile Part B, Paragraph-5-6 herein are invoked by NATURAL RESOURCES for failure of the CITY to operate and maintain the PROJECT. 57. The CITY will be responsible for all utility alterations or relocation and for all fence removal and/or replacement required as a result of the PROJECT construction, including any utility and fence related work shown on the plans. Utilities include, but are not limited to, electrical, cable television, and communication lines and oil, gas, sewer, and water pipelines. 68. The CITY, without cost to NATURAL RESOURCES, will assume all responsibility for the operation, maintenance, and rehabilitation of the PROJECT after construction completion to ensure that it will serve the intended purpose. The PROJECT will be maintained in such a manner to assure that it will provide the required waterway capacity during flood, low flow, and during all other times. PROJECT maintenance will include, but not be limited to; keeping the site clear of all trash, debris and other matter that may tend to impede the proper and free flow of water. Measures will also be taken as required to maintain channel bank stability measures including grade control weirs, and to correct any substantial erosion problems. The CITY will not modify the PROJECT without first obtaining written approval of NATURAL RESOURCES. 79. The CITY authorizes NATURAL RESOURCES to serve as their agent in preparing all federal and state permit applications, in the name of the CITY, as may be required to construct and maintain the PROJECT. The CITY will be responsible to pay any and all permit fees that may be required for the issuance of a permit for the PROJECT. The CITY will be responsible to obtain any local permits required to construct and maintain the PROJECT and will provide copies of any such permits to NATURAL RESOURCES. Execution of this agreement does not relieve the CITY from obtaining any permit required by NATURAL RESOURCES. 910. The CITY will maintain, for a minimum of three years after the completion of the PROJECT, adequate books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds paid in conjunction with this AGREEMENT. This AGREEMENT and all books, records, and supporting documents related to the PROJECT will be made available for review and audit by the Illinois Auditor General and/or NATURAL RESOURCES. The CITY agrees to cooperate fully with any audit conducted by the Auditor General and/or NATURAL RESOURCES and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this Paragraph will establish a presumption in favor of NATURAL RESOURCES for the recovery of any funds paid by NATURAL RESOURCES under this AGREEMENT for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 911. The CITY will maintain eligibility in the National Flood Insurance Program. The CITY will continue to adopt and enforce required ordinances, satisfactory to the Federal Emergency Management Agency and NATURAL RESOURCES, relative to the 7 regulation of development in floodplains under the jurisdiction and control of the CITY. The CITY, without cost to the NATURAL RESOURCES, will seek a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) to update the CITY flood insurance study and associated maps to reflect 100-year flood profile changes resulting from completion of the PROJECT. 4-812. CITY will hold and save NATURAL RESOURCES and any of its representatives, agents, contractors, and designees harmless against loss, damage, cause of action, fine or judgment including all costs connected therewith, such as attorney and witness fees, filing fees any other expenses incident thereto, that may be incurred by reason of personal injury, death, property damage, flood damage and any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the PROJECT, where said loss, damage, cause of action, fine or judgment has been found by a court of law to have arisen as a result of the negligent acts or omissions of the CITY. CITY will not be responsible to hold the NATURAL RESOURCES and, its representatives, agents, contractors, and designees harmless against any loss, damages, cost or expenses arising out of negligent acts or omissions by NATURAL RESOURCES or, its representatives, agents, contractors, and designees. PART D. DISTRICT 1. For PHASE 1, the DISTRICT shall have the opportunity to review and provide comments on the PHASE 1 final design plans before construction proceeds. 2. For PHASE 2,tThe DISTRICT will review and approve in writing, the final construction bid documents for the PROJECT, and will provide such written approval to the NATURAL RESOURCES, prior to NATURAL RESOURCES advertising for construction bids. -23. The DISTRICT hereby grants all PROJECT property rights as shown in Attachment 3 , held in the name of the DISTRICT,to NATURAL RESORCES , its representatives, agents, contractors, and designees as a work area, including the right to move, store and remove equipment and supplies and erect and remove temporary structures on the land, inspect PROJECT work, and to perform any other work necessary and incident to the construction of the PROJECT, including substantial removal of the DAM, together with the right to trim, cut, fell and remove there from selected trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way as shown on Attachment 3; reserving, however, existing easements for public roads and highways, public utilities, railroads and pipelines. 34. The DISTRICT hereby grants to NATURAL RESOURCES the right to enter upon any PROJECT property rights as shown in Attachment 3 held by the DISTRICT necessary for construction, construction inspection, operation, maintenance, maintenance inspection and in the event the provisions oflePart B, Paragraph-5-6 herein are invoked by NATURAL RESOURCES for failure of the CITY to operate and 8 maintain the PROJECT. 45. The DISTRICT hereby grants all PROJECT property rights as shown in Attachment 3, held in the name of the DISTRICT, to the CITY, its representatives, agents, contractors, and designees for the purpose of perpetual maintenance of the PROJECT per Article Part C, Paragraph 6-8 of this AGREEMENT; reserving, however, existing easements for public roads and highways, public utilities, railroads and pipelines. 66. The DISTRICT will maintain for a minimum of three years after completion of the PROJECT, adequate books, records, and other supporting documents to verify the amounts, recipients, and uses of all disbursements of funds paid in conjunction with this AGREEMENT. This AGREEMENT and all books, records, and supporting documents related to the PROJECT will be made available for review and audit by the Illinois Auditor General and/or NATURAL RESOURCES. The DISTRCT agrees to cooperate fully with any audit conducted by the Auditor General and/or NATURAL RESOURCES and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this Paragraph will establish a presumption in favor of NATURAL RESOURCES for the recovery of any funds paid by NATURAL RESOURCES under this AGREEMENT for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 67. The DISTRICT agrees to accept all of the recoverable limestone blocks removed from the DAM as part of the PROJECT and agrees to provide a suitable stockpile location on DISTRICT property above regulatory floodplain limits. 78. ,DISTRICT will hold and save NATURAL RESOURCES and any of its Field code changed representatives, agents, contractors, and designees harmless against loss, damage, cause of action, fine or judgment including all costs connected therewith, such as attorney and witness fees, filing fees any other expenses incident thereto, that may be incurred by reason of personal injury, death, property damage, flood damage and any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the PROJECT, where said loss, damage, cause of action, fine or judgment has been found by a court of law to have arisen as a result of the negligent acts or omissions of the DISTRICT. DISTRICT will not be responsible to hold NATURAL RESOURCES and, its representatives, agents, contractors, and designees harmless against any loss, damages, cost or expenses arising out of negligent acts or omissions by NATURAL RESOURCES or, its representatives, agents, contractors, and designees. 69. NATURAL RESOURCES will have no funding obligation toward the DISTRICT under this AGREEMENT. All NATURAL RESOURCES funding obliga toward the PROjECT are between the CITY and NATURAL RESOURGES. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written, and represent that the signatories below are duly authorized to execute this AGREEMENT for the BLACKBERRY CREEK DAM REMOVAL AND RESTORATION PROJECT on behalf of their respective bodies, and that the effective 9 date of this AGREEMENT is the date approved and executed by the Director of NATURAL RESOURCES. STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES RECOMMENDED: APPROVED: Arlan R. Juhl, Director Marc Miller, Director Office of Water Resources Department of Natural Resources Date: Date: Required additional Department signatures for contracts and contract renewals totaling$250,000 or more per 30 ILCS 105/9.02. APPROVED: Mitch Cohen Damon StottsMarG Miller, DreeterActing Chief Chief Legal Counsel ..- nn.,ar+..,o.+Of Natural ❑os„,,. os'y Date: Date: UNITED CITY OF YORKVILLE ATTEST: APPROVED: Yorkville City Clerk Yorkville City Mayor Date: Date: YORKVILLE-BRISTOL SANITARY DISTRICT ATTEST_ APPROVED: District Secretary Executive Director Date: Date: Attachments: 1. Phase 1 Components 2. Phase 2 Components 10 3. Project Land Rights 4.Certifications Phase 1 Overview 0 75 150 300 Feet '• N let- pm r ' � r of �. r4 - ATTACHMENT 1 —PHASE 1 PROJECT COMPONENTS 11 Phase 2 Overview Map f 0 75 150 300 Feet y ,.:4w 7 ter + arm�S cn�asradiraeo� r � - p amks z crisrae smi¢auon Ge - tea. °. � -5�M7 PR6BM�Vnf7pIB1Yf� RIIM1eV 1�� I y � ' wd �. .. 6q We�ltl ti 4 i ATTACHMENT 2—PHASE 2 PROJECT COMPONENTS 12 0 CIP Reviewed By: Agenda Item Number J� d► Legal ❑ Mayor#2 W36 El El Engineer ❑ Tracking Number Gy City Administrator El r� �! �© Consultant El CC 2012-09 Agenda Item Summary Memo Title: Resolution for TIPS/TAPS Program Participation Meeting and Date: City Council, February 14, 2012 Synopsis: City Council approved participation in the program on 1/24/12. Approval of the attached resolution and agreement has been requested for participation. Council Action Previously Taken: Date of Action: 1/24/12 Action Taken: Approved Item Number: 2012-09 Type of Vote Required: Majority Council Action Requested: Approve resolution for TIPS/TAPS program and authorize staff to sign participation agreement. Submitted by: Laura Schraw Interim Director of Parks Name & Recreation Agenda Item Notes: RESOLUTION STATE OF ILLINOIS ) TO THE REGION VIII EDUCATION SERVICE CENTER WHEREAS,the Board of Directors of , Illinois, (Named Public Agency) (City) pursuant to the authority granted by 5 ILL.COMP.STAT.220/2&3,desires to participate in the described purchasing program offered by the Region VIII Education Service Center,and in the opinion that by participating in this program, will be highly beneficial to the taxpayers through the anticipated savings to be realized,now therefore,be it RESOLVED that the request a stated need for participation in: (Named Public Agency) [Xi The Interlocal Purchasing System(TIPS) whereby ,is authorized and directed to sign and deliver any and all (Name of Authorizing Person) necessary requests and documents in connection therewith for and on behalf of (Named Public Agency) I certify that the foregoing is a true and correct original Resolution duly adopted by the and is filed on record at the TIPS office. (Named Public Agency) In witness thereof,I have hereunto set my hand and affixed my official seal this day of ,20 By: (Authorizing Signature) (Printed Authorizing Name) (Title) This legal document will remain current on file until either party severs the ajzreement. INTERLOCAL AGREEMENT Region VIII Education Service Center ILLINOIS PUBLIC AGENCY (School, College, University, State, City or County Office) ILLINOIS Control Number(TIPS will Assign) EDUCATIONAL OR GOVERNMENT ENTITY Schools enter County-District Number and Region VIII Education Service Center 225 - 950 Mt. Pleasant, Texas Region 8 County-District Number The Texas Education Code §8.002 permits Regional Education Service Centers, at the direction of the Commissioner of Education, to provide services to assist school districts, colleges and universities in improving student performance and increasing the efficiency and effectiveness of school, college and university financial operations. Government Authority: The Illinois Intergovernmental Cooperation Act grants authority for public agencies, such as school districts, to exercise any powers, privileges, or authority jointly with any other public agency of Illinois, or any other state, which has the same powers, privileges or authority. 5 III. COMP STAT. 220/2-(1). The definition of"public agency" includes any political subdivision of any other state 5 ILL. COMP. STAT. 220/2-(1). A Texas regional service center is a political subdivision of Texas. Tex. Educ. Code §8.001, et seq. Therefore, Illinois public school districts, or other local governments, have statutory authority to contract or agree with a Texas regional education service center for the joint exercise of the same powers, privileges and authority that each entity may exercise independently. Vision: TIPS/TAPS will become the premier purchasing cooperative in North America through developing partnerships with quality vendors, school districts, universities, colleges, all governmental entities, and public and private industry. Mission: Our mission is to provide a proven purchasing process through quality customer service including timely response, legal support and effective recruitment by providing sufficient resources to include personnel. Purpose: The purpose of the TIPS/TAPS program shall be to continue providing substantial savings and best value for participating educational entities or public agencies through cooperative purchasing. Effective: This Interlocal Agreement (hereinafter referred to as the "Agreement") is effective and shall be automatically renewed annually unless either party gives sixty (60) days prior written notice of non-renewal. This Agreement may be terminated without cause by either party upon (60) days prior written notice, or may also be determined for cause at Page 2 of 3 anytime upon written notice stating the reason for and effective date of such terminations and after giving the affected party a thirty (30) day period to cure any breach. Statement of Services to be Performed: Region VIII Education Service Center, by this Agreement, agrees to provide competitively bid cooperative purchasing services to the above-named public entity through a Program known as The Interlocal Purchasing System (TIPS/TAPS) Program. Role of the TIPS/TAPS Purchasing Cooperative: 1. Provide organizational and administrative structure of the TIPS/TAPS Program. 2. Provide Administrative and Support Staff necessary for efficient operation of the TIPS/TAPS Program. 3. Provide marketing of the TIPS/TAPS program to expand membership, awarded contracts and commodity categories. 4. Initiate and implement activities required for competitive bidding and vendor award process including posting, advertising, collecting proposals, scoring proposals, and awarding of vendor contracts. 5. Provide members with current awarded vendor contracts, instructions for obtaining quotes and ordering procedures. 6. Maintain filing system for all competitive bidding procedure requirements. 7. Provide Reports as requested. 8. Maintain active membership database for awarded vendors. 9. Provide TIPS/TAPS training to members and vendors upon request. Role of the Education or Government Entity: 1. Commit to participate in the TIPS/TAPS Program. 2. Designate a Primary and Technology Contact for the entity to be responsible for promoting TIPS/TAPS within the organization. 3. Commit to purchase products and services from TIPS/TAPS Vendor Awarded Contracts when in the best interest of the entity. PURCHASE ORDER MUST ALWAYS BE MARKED TIPS/TAPS and FAXED to 866-839-8477 for processing. 4. Accept shipments of products ordered from Awarded Vendors in accordance with standard purchasing procedures. 6. Pay Awarded Vendors in a timely manner for all goods and services received. 7. Report any vendor issues that may arise to the TIPS/TAPS Cooperative Coordinator. General Provisions: Both Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such programs. This Agreement shall be governed by the laws of the State of Texas and venue shall be in the county in which the administrative offices of RESC VIII are located which is Titus County,Texas. It is the responsibility of the Entity purchasing from TIPS/TAPS to insure that the respective State purchasing laws are being followed. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms, and it may not be modified in any manner without the express written consent of the Parties. Page 3 of 3 If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. Before any party may resort to litigation, any claims, disputes or other matters in question between the Parties to this Agreement shall be submitted to nonbinding mediation No Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their directors, officers, employees, and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. This Agreement may be negotiated and transmitted between the Parties by means of a facsimile machine and the terms and conditions agreed to are binding upon the Parties. Authorization: Region VIII Education Service Center and The Interlocal Purchasing System (TIPS/TAPS) Program have entered into an Agreement to provide competitively bid cooperative purchasing opportunities to entities as outlined above. This Interlocal Agreement process was approved by the governing boards of the respective parties at meetings that were posted and held in accordance with the respective STATE Open Meetings Act, for Texas it was Government Code Ch. 551. The individuals signing below are authorized to do so by the respective parties to this Agreement. Membership Entity- Region 8 Education Service Center By: By: Authorized Signature Authorized Signature Title: Title: Executive Director Region VIII ESC Date Date Public Entity Contact Information Primary Purchasing Person's Name Primary Person's Email Address Street Address City, State Zip Technology Coordinator's Name Page 4 of 3 Telephone Number Technology Coordinator's Email Address Fax Number Instructions: Please send two signed original Interlocal Agreements and one copy of Board Resolution (if required) to TIPS/TAPS, Attn: Kim Thompson C/O Region VIII Education Service Center P.O. Box 1894, Mt. Pleasant, Texas 75456-1894 Upon execution, a signed original will be returned to the Purchasing Contact listed above. CIP Reviewed By: K 0 Legal E) Agenda Item Number 06 Est 1836 Finance El Mayor#3 Engineer ❑ City Administrator 0 0 �� y Human Resources ❑ Tracking Number G �© Community Development ❑ CC 2012-14 Police F-1 Public Works ❑ Agenda Item Summary Memo Title: Solid Waste Collection RFP—Oswego and Yorkville Meeting and Date: City Council —February 14, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: J� 0 Memorandum To: City Council ESL ---- 1836 From: Bart Olson, City Administrator CC: Date: February 10' 2012 rY Subject: Solid Waste Collection REP—Oswego and Yorkville ZtE Summary Approval of a joint-RFP for refuse collection for Oswego and Yorkville. Background This item was last discussed by the City Council in January. At that meeting, the City Council was informed that Mayor Golinski and President LeClercq had discussed issuing a joint RFP for waste services. Prior to that, the City Council had approved an RFP to handle Yorkville's services alone. The Oswego Village Board voted to approve this RFP at their February 7th Village Board meeting. Joint RFP The clean copy and track changes copy of the joint RFP is attached. Most of the changes in the document occur around changing all references to "City"to "City and Village,"or similar. The document is set up to give both municipalities the discretion and authority to review each bid, make changes to the agreement, to reject all bids, and award a contract separately. Should each municipality select the same hauler, and it become apparent in final contract negotiations with the hauler that it would be a benefit to each municipality to formally tie the two contracts together, an intergovernmental agreement may be necessary. For now, no intergovernmental agreement is necessary. The changes in the document that are not superficial deal with the descriptions of the refuse program options. Yorkville had asked for quotes for one main program, with an alternate quote being exactly similar to the main program except that Yorkville receives all revenue gained from the sale of recyclables. Oswego is asking for three different programs, with two different contract terms. As a result,we have two Yorkville options and six Oswego options. When you combine those options, the Appendix 1 spreadsheet is the result. We are asking for bid on every permutation of the options (Yorkville's programs alone, Oswego's programs alone, and every combination of a Yorkville program and Oswego program). RFP Distribution Given Oswego's approval of the agreement, it is possible that the RFP window could be late February to late March. However, depending on Yorkville's approval and the scheduling of a pre-bid meeting with the waste haulers, the RFP window could move and will be set at a later date. We do anticipate a four-week window for the RFP responses. For any timeline, it will likely be necessary to extend our current contract with Veolia on a month-to-month basis (current contract set to expire on April 30th). Oswego may have to extend their contract as well (June 30th expiration). Both waste haulers have verbally consented to month-to-month extensions, with pricing details yet to be determined. The main determinant for the start date of the new contract will be the selection of the vendors,both in how quickly each municipality can negotiate the final contract with the vendors and who the vendors are. If both municipalities switch vendors, additional time may be needed to set up routes and deliver totes. REQUEST FOR PROPOSAL Name of Proposing Company: Project Name: Yorkville-Oswego Solid Waste Collection Services Proposal No.: Proposal Due: Monday,April 9, 2012 @ 3:30 pm Proposal Opening: Monday,April 9, 2012 @ 3:31 p.m. Required of All Proposers: Deposit: Two (2) $5,000.00 deposits (one for each municipality) Letter of Capability of Acquiring Performance Bond: Not Required Required of Awarded Contractor: Performance Bond/Letter of Credit: Two (2) $500,000.00 (one for each municipality) Certificate of Insurance: Required Legal Advertisement published: Thursday, March 1, 2012 Date Issued: Monday, March 12, 2012 This document consists of 45 pages. Return original and two duplicate copies of proposal along with one compact disc with proposal information contained on it in a *.doc (Microsoft Word) or *.pdf(Abode Acrobat) version in a sealed envelope marked with the Proposal Number as noted above to: BART OLSON CITY ADMINISTRATOR UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, IL 60560 PHONE: 630-553-4350 FAX: 630-553-7575 www.vorkville.il.us 1 The UNITED CITY OF YORKVILLE will receive proposals Monday thru Friday, 8:00 A.M. to 4:30 P.M. at City Hall, 800 Game Farm Road, Yorkville, IL 60560. SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE. Either the Yorkville City Council or the Oswego Village Board reserves the right to accept or reject any and all proposals, to waive technicalities and to accept or reject any item of any proposal. The documents constituting component parts of this contract are the following: I. REQUEST FOR PROPOSALS II. TERMS & CONDITIONS III. DETAILED SPECIFICATIONS IV. PROPOSAL/CONTRACT FORM DO NOT DETACH ANY PORTION OF THIS DOCUMENT. INVALIDATION COULD RESULT, Proposers MUST submit an original, 2 additional paper copies and one compact disc of the total proposal. Upon formal award of the proposal, the successful Proposer will receive a copy of the executed contract. 2 I. REQUEST FOR PROPOSALS 1. GENERAL 1.1 Notice is hereby given that United City of Yorkville will receive sealed proposals up to Monday, April 9, 2012 at 3:30 p.m. 1.2 Proposals will be opened and read aloud in the City Council Chambers at Yorkville City Hall, 800 Game Farm Road, on Monday, April 9, 2012 at 3:31 p.m. 1.3 Proposals must be received at the United City of Yorkville by the time and date specified. Proposals received after the specified time and date will not be accepted and will be returned unopened to the Proposer. 1.4 Proposal forms shall be sent to the United City of Yorkville, ATTN: Bart Olson, in a sealed envelope marked "SEALED PROPOSAL". The envelope shall be marked with the name of the project, date, and time set for receipt of proposals. 1.5 All proposals must be submitted on the forms supplied by the City and signed by a proper official of the company submitting proposal. Telephone, email and fax proposals will not be accepted. 1.6 By submitting this proposal, the proposer certifies under penalty of perjury that they have not acted in collusion with any other proposer or potential Proposer. 1.7 For purposes of this RFP, all references to the "City" shall mean the United City of Yorkville, and all references to the "Village" shall mean the Village of Oswego. 2. PREPARATION OF PROPOSAL 2.1 It is the responsibility of the proposer to carefully examine the specifications and proposal documents and to be familiar with all of the requirements, stipulations,provisions, and conditions surrounding the proposed services. 2.2 No oral or telephone interpretations of specifications shall be binding upon the City or the Village. All requests for interpretations or clarifications shall be made in writing and received by the City of Yorkville at least five (5) business days prior to the date set for receipt of proposals. All changes or interpretations of the specifications shall be made by the City of Yorkville in a written addendum to our proposer's of record. 2.3 In case of error in the extension of prices in the proposal, the hourly rate or unit price will govern. In case of discrepancy in the price between the written and numerical amounts, the written amount will govern. 2.4 All costs incurred in the preparation, submission, and/or presentation of any proposal including any proposer's travel or personal expenses shall be the sole responsibility of the proposer and will not be reimbursed by the City nor the Village. 2.5 The proposer hereby affirms and states that the prices quoted herein constitute the total cost to the City and Village for all work involved in the respective items and that this cost 3 also includes all insurance, royalties, transportation charges, use of all tools and equipment, superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the Contract Documents considered severally and collectively. 3. MODIFICATION OR WITHDRAWAL OF PROPOSALS 3.1 A Proposal that is in the possession of the City may be altered by a letter bearing the signature or name of person authorized for submitting a proposal,provided that it is received prior to the time and date set for the bid opening. Telephone, email or verbal alterations of a proposal will not be accepted. 3.2 A Proposal that is in the possession of the City may be withdrawn by the proposer, up to the time set for the proposal opening, by a letter bearing the signature or name of person authorized for submitting proposals. Proposals may not be withdrawn after the proposal opening and shall remain valid for a period of ninety(90) days from the date set for the proposal opening,unless otherwise specified. 4. SECURITY FOR PERFORMANCE 4.1 The awarded contractor, within thirteen (13) calendar days after acceptance of the proposer's proposal by the City or the Village, shall furnish security for performance acceptable to the respective municipality when required under the documents. Such security shall be either a satisfactory performance bond(bonding company must be licensed to do business in Illinois) or a letter of credit on the form provided by the municipality and available from the municipality's attorney. NOTE: As evidence of capability to provide such security for performance, each proposer shall submit with the proposal either a letter executed by its surety company indicating the proposer's performance bonding capability, or a letter from a bank or savings and loan within twenty-five miles of the corporate boundaries of the City or Village indicating its willingness and intent to provide a letter of credit for the proposer. 5. DELIVERY 5.1 All proposal prices are to be quoted, and delivered to the City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560. 6. TAX EXEMPTION 6.1 The City and the Village is exempt from Illinois sales or use tax for direct purchases of materials and supplies. A copy of the Illinois Sales Tax Exemption Form will be issued upon request. Federal identifications will also be provided to selected vendor. 7. RESERVED RIGHTS 7.1 Each municipality retains autonomy in decision making for this RFP, and each reserves the exclusive right to waive sections, technicalities, irregularities and informalities and to accept or reject any and all proposals and to disapprove of any and all subcontractors as may be in the best interest of either municipality. Time and date requirements for receipt of proposal will not be waived. 4 II. TERMS AND CONDITIONS 8. MUNICIPAL ORDINANCES 8.1 The successful proposer will strictly comply with all ordinances of the awarding municipality and laws of the State of Illinois. 9 USE OF MUNICIPAL NAME 9.1 The proposer is specifically denied the right of using in any form or medium the name of the City or the Village for public advertising unless express permission is granted by the respective municipality. 10. INDEMNITY AND HOLD HARMLESS AGREEMENT 10.1 To the fullest extent permitted by law, the Proposer shall indemnify, keep and save harmless the City and Village and its agents, officers, and employees, against all injuries, deaths, losses, damages, claims, suits, liabilities,judgments, costs and expenses, which may arise directly or indirectly from any negligence or from the reckless or willful misconduct of the Proposer, its employees, or its subcontractors, and the Proposer, its employees, or its subcontractors, and the Proposer shall at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City and Village in any such action, the Proposer shall, at its own expense, satisfy and discharge the same. This Agreement shall not be construed as requiring the Proposer to indemnify the City and Village for its own negligence. The Proposer shall indemnify, keep and save harmless the City and Village only where a loss was caused by the negligent, willful or reckless acts or omissions of the Proposer, its employees, or its Subcontractors. 11. NONDISCRIMINATION 11.1 Proposer shall, as a party to a public contract: (a) Refrain from unlawful discrimination in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination; (b) By submission of this proposal, the Proposer certifies that he is an "equal opportunity employer" as defined by Section 2000(e) of Chapter 21, Title 42, U.S. Code Annotated and Executive Orders #11246 and#11375, which are incorporated herein by reference. The Equal Opportunity clause, Section 6.1 of the Rules and Regulations of the Department of Human Rights of the State of Illinois, is a material part of any contract awarded on the basis of this proposal. 5 11.2 It is unlawful to discriminate on the basis of race, color, sex, national origin, ancestry, age, marital status, sexual orientation, physical or mental handicap or unfavorable discharge for military service. Proposer shall comply with standards set forth in Title VII of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000 et seq., The Human Rights Act of the State of Illinois, 775 ILCS 511-101et. seq., and The Americans With Disabilities Act, 42 U.S.C. Secs. 12101 et. seq. 12. SEXUAL HARASSMENT POLICY 12.1 The proposer, as a party to a public contract, shall have a written sexual harassment policy that: 12.1.1 Notes the illegality of sexual harassment; 12.1.2 Sets forth the State law definition of sexual harassment; 12.1.3 Describes sexual harassment utilizing examples; 12.1.4 Describes the Proposer's internal complaint process including penalties; 12.1.5 Describes the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and how to contact these entities; and 12.1.6 Describes the protection against retaliation afforded under the Illinois Human Rights Act. 13. EQUAL EMPLOYMENT OPPORTUNITY 13.1 In the event of the Proposer's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), the Proposer may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the Proposer agrees as follows: 13.1.1 That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, sexual orientation, sexual identity or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 13.1.2 That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability(in accordance with the Department's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 13.1.3 That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without 6 discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age,physical or mental handicap unrelated to ability, or an unfavorable discharge from military services. 13.1.4 That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Proposer's obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Proposer in its efforts to comply with such Act and Rules and Regulations, the Proposer will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 13.1.5 That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. 13.1.6 That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purpose of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 13.1.7 That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the Proposer will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the Proposer will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivision or municipal corporations. 14. DRUG FREE WORK PLACE 14.1 Proposer, as a party to a public contract, certifies and agrees that it will provide a drug free workplace by: 14.2 Publishing a statement: (1)Notifying employees that the unlawful manufacture, distribution, dispensation,possession or use of a controlled substance, including cannabis, is prohibited in the City's, Village's, and proposer's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contact or grant, the employee will: (A) abide by the terms of the statement; and(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 7 14.3 Establishing a drug free awareness program to inform employees about: (1)the dangers of drug abuse in the workplace; (2) the City's, Village's or proposer's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations. 14.4 Providing a copy of the statement required above to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. 14.5 Notifying the contracting or granting agency within ten (10) days after receiving notice of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction from an employee or otherwise receiving actual notice of such conviction. 14.6 Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. 14.7 Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. 14.8 Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 15. PREVAILING WAGE ACT 15.1 Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed under this contract. Proposer agrees to pay the prevailing wage and require that all of its subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. 15.2 Proposer and each subcontractor shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be open to inspection at all reasonable hours by any representative of the City, Village, or the Illinois Department of labor and must be preserved for four(4)years following completion of the contract. 16. INSURANCE REQUIREMENTS— 16.1 Prior to the beginning of the contract period, Contractor and any Subcontractors shall procure, maintain and pay for such insurance as will protect against claims for bodily injury of death, or for damage to property, including loss of use, which may arise out of operations by the Contractor or Subcontractor or any Sub-Sub Contractor or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below for each municipality or any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law unless otherwise agreed to by the City or Village:. 8 (All amounts listed are per municipality) Workers Compensation $500,000 Statutory Employers Liability $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Disease Each Employee Comprehensive General Liability $2,000,000 Each Occurrence $2,000,000 Aggregate (Applicable on a Per Project Basis) Commercial Automobile $1,000,000 Each Accident Liability Umbrella Liability $ 5,000,000 16.2 Commercial General Liability Insurance required under this paragraph shall be written on an occurrence form and shall include coverage for Products/Completed Operations, Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket Contractual Liability insurance applicable to defense and indemnity obligations and other contractual indemnity assumed under the Contract Documents. 16.3 Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned, hired and non-owned automobiles. 16.4 Workers Compensation coverage shall include a waiver of subrogation against the City and the Village. 16.5 Comprehensive General Liability, Employers Liability and Commercial Automobile Liability Insurance may be arranged under single policies for full minimum limits required, or by a combination of underlying policies with the balance provided by Umbrella and/or Excess Liability policies. 16.6 Contractor and all Subcontractors shall have their respective Comprehensive General Liability(including products/completed operations coverage), Employers Liability, Commercial Automobile Liability, and Umbrella/Excess Liability policies endorsed to add the "Village of Oswego and City of Yorkville, their officers, officials, employees and volunteers" as "additional insureds"with respect to liability arising out of operations performed; claims for bodily injury or death brought against City or Village by any Contractor of Subcontractor employees, or the employees of Subcontractor's subcontractors of any tier, however caused, related to the performance of operations under the Contract Documents. Such insurance afforded to the City and Village shall be endorsed to provide that the insurance provided under each policy shall be Primary and Non-Contributory. 9 16.7 Contractor and all Subcontractors shall maintain in effect all insurance coverages required by the Contract Documents at their sole expense and with insurance carriers licensed to do business in the State of Illinois and having a current A. M. Best rating of no less than A-VIII. In the event that the Contractor or any Subcontractor fails to procure or maintain any insured required by the Contract Documents, the City or Village may, at its option, purchase such coverage and deduct the cost thereof from any monies due to the Contractor or Subcontractor, or withhold funds in an amount sufficient to protect the City or Village, or terminate this Agreement pursuant to its terms. 16.8 All insurance policies shall contain a provision that coverages and limits afforded hereunder shall not be canceled, materially changed, non-renewed or restrictive modifications added, without thirty(30) days prior written notice to the City and Village. Renewal certificates shall be provided to the City and Village not less than five (5)prior to the expiration date of any of the required policies. All Certificates of Insurance shall be in a form acceptable to City and Village and shall provide satisfactory evidence of compliance with all insurance requirements. The City and the Village shall not be obligated to review such certificates or other evidence of insurance, or to advise Contractor or Subcontractor of any deficiencies in such documents, and receipt thereof shall not relieve the Contractor or Subcontractor from, nor be deemed a waiver the right to enforce the terms of the obligations hereunder. The City or the Village shall have the right to examine any policy required and evidenced on the Certificate of Insurance. 17. COPYRIGHT/PATENT INFRINGEMENT 17.1 The Proposer agrees to indemnify, defend, and hold harmless the City and Village against any suit, claim, or proceeding brought against the City or Village for alleged use of any equipment, systems, or services provided by the Proposer that constitutes a misuse of any proprietary or trade secret information or an infringement of any patent or copyright. 18. COMPLIANCE WITH OSHA STANDARDS 18.1 Equipment supplied to the City and/or Village must comply with all requirements and standards as specified by the Occupational Safety and Health Act. All guards and protectors as well as appropriate markings will be in place before delivery. Items not meeting any OSHA specifications will be refused. 19. CERCLA INDEMNIFICATION 19.1 In the event this is a contract that has environment aspects, the Awarded Proposer shall, to the maximum extent permitted by law, indemnify, defend, and hold harmless the City and Village, their officers, employees, agents, and attorneys from and against any and all liability, including without limitation, costs of response, removal, remediation, investigation,property damage, personal injury, damage to natural resources, health assessments, health settlements, attorneys' fees, and other related transaction costs arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, 42 U.S.C.A. Sec. 9601, et seq., as amended, and all other applicable statutes,regulations, ordinances, and under common law for any release or threatened release of the waste material collected by the Awarded Proposer, both before and after its disposal. 20. SUBLETTING OF CONTRACT 20.1 No contract awarded by the City shall be assigned or any part sub-contracted without the 10 written consent of the City Administrator or the Village Administrator. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 21. [Section purposefully left blank] 22. TERMINATION OF CONTRACT 22.1 The City or the Village reserves the right to terminate the whole or any part of this contract, upon ten (10) days' written notice to the Awarded Proposer, in the event of default by the Awarded Proposer. Default is defined as failure of the Awarded Proposer to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event that the Awarded Proposer fails to cure the default upon notice, and the City and/or the Village declares default and termination, the City and/or the Village may procure,upon such terms and in such manner as the City or Village may deem appropriate, supplies or services similar to those so terminated. The Awarded Proposer shall be liable for any excess costs for such similar supplies or services unless acceptable evidence is submitted to the City or Village that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Awarded Proposer. Any such excess costs incurred by the City or Village may be set-off against any monies due and owing by the City or the Village, respectively, to the Awarded Proposer. 23. BILLING& PAYMENT PROCEDURES 23.1 Separate invoices shall be sent to each municipality, for each municipality's customers. Payment will be made by each municipality upon receipt of an invoice. Once an invoice has been verified, the invoice will be processed for payment in accordance with the municipality's payment schedule, policy and procedures. 23.2 The City and Village shall review in a timely manner each bill or invoice after its receipt. If the City determines that the bill or invoice contains a defect making it unable to process the payment request, the City shall notify the Proposer requesting payment as soon as possible after discovering the defect pursuant to rules promulgated under 50 ILCS 50511 et seq. The notice shall identify the defect and any additional information necessary to correct the defect. 23.3 Please send all invoices for the City to the attention of City of Yorkville, Accounts Payable, 800 Game Farm Road, Yorkville, IL 60560, and all invoices for the Village to Village of Oswego, Accounts Receivable, 100 Parkers Mill, Oswego, IL 60543. 24. RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY/VILLAGE 24.1 The relationship between the City/Village and the Proposer is that of a buyer and seller of professional services and it is understood that the parties have not entered into any joint venture or partnership with the other. 25. STANDARD OF CARE 25.1. Services performed by Proposer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representations express or implied, and no warranty or guarantee is included or intended 11 in this Agreement, or in any report, opinions, and documents or otherwise. 25.2 If the Proposer fails to meet the foregoing standard, Proposer will perform at its own cost, and without reimbursement from the City and the Village, the professional services necessary to correct errors and omissions caused by Proposer's failure to comply with the above standard and reported to Proposer within one (1) year from the completion of Proposer's services for the Project. 26. GOVERNING LAW 26.1 This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard for the conflict of laws provisions. Venue is proper only in the County of Kendall and the Northern District of Illinois. 27. SUCCESSORS AND ASSIGNS 27.1 The terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided, however, that neither party will assign this Agreement in whole or in part without the prior written approval of the other. The Proposer will provide a list of key staff, titles, responsibilities, and contact information to include all expected sub Proposers. 28. WAIVER OF CONTRACT BREACH 28.1 The waiver by one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof will be limited to the particular instance and will not operate or be deemed to waive any future breaches of this Agreement and will not be construed to be a waiver of any provision except for the particular instance. 29. AMENDMENT 29.1 This Agreement will not be subject to amendment unless made in writing and signed by all parties. 30. CHANGE ORDERS 30.1 The contract price is a"not-to-exceed" cost. At any time additional work is necessary or requested, and the not-to-exceed price is increased thereby, any change, addition or price increase must be agreed to in writing by all parties. The appropriate authorizing signature for the City is the City Administrator and for the Village is the Village Administrator. 31. SEVERABILITY OF INVALID PROVISIONS 31.1 If any provisions of this Agreement are held to contravene or be invalid under the laws of any state, country or jurisdiction, contravention will not invalidate the entire Agreement, but it will be construed as if not containing the invalid provision and the rights or obligations of the parties will be construed and enforced accordingly. 32. NOTICE 32.1 Any notice will be in writing and will be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party at the party's place of business. Notices shall be addressed to the City and Village as follows: 12 To City: City Administrator City of Yorkville 800 Game Farm Road. Yorkville, IL 60560 To Village: Village Administrator Village of Oswego 100 Parkers Mill Oswego,IL 60543 And to the Proposer as designated in the Contract Form. III. DETAILED SPECIFICATIONS 33. DEFINITIONS 33.1 For the purpose of the Contract, definitions of certain terms are listed below. Certain words or phrases, when used in the Contract shall have the same meaning given to them in this section. Other terms shall be defined within applicable subsections and appendices. Attached Single-Family Dwelling(Group, Row, Townhouse)A building originally designed and constructed to accommodate two (2) or more dwelling units, with dwelling units joined together by party wall or walls and being not more than two (2) stories in height. Each unit shall have its own ground floor entrance and living space. Biodegradable shall mean chemically structured material that decomposes rapidly primarily through the action of living soil-borne microorganisms (bacteria, fungi, and actinomycetes) or macro-organisms (crickets, slugs, snowbugs, millipedes, etc.). Brown Kraft 2-Ply Paper Bags shall mean a two-layer brown product container comprised of kraft paper most often used to contain groceries. Chipboard shall mean a single-layer cardboard used for packaging cereal, crackers, tissues, and other similar products. Compost(ing) shall mean the process by which aerobic microorganisms decompose organic matter into a humus-like product. Contract shall mean the agreement created by and consisting of the Contract Documents. Contract Documents shall include the Request for Proposals, Terms and Conditions, Detail Specifications and the Proposal/Contract Form. Contractor shall mean the firm with which the City and/or Village has executed the Contract for Solid Waste Collection and Disposal Services 13 Corrugated Cardboard shall mean a sturdy paper product commonly used as a packaging consisting of two paper grades—a wavy inner portion and an outside liner. Curbside shall mean adjacent to the street pavement, alley pavement and gutter and within five feet thereof. Customer shall mean the resident party, property owner of a dwelling unit in Yorkville or Oswego corporate boundaries participating in the scavenger collection service. Day shall mean Calendar Day unless otherwise stated. Detached Dwelling A single-family dwelling entirely surrounded by open space. Disposal Unit shall have different meanings as follows: For the purposes of refuse collection, a"disposal unit" shall mean one (1) 64-gallon, 33-gallon, or 96-gallon tote or one (1)water-tight metal, or plastic reusable waste container, no larger than thirty-two (32) or thirty-three (33) gallons in capacity, containing refuse, yard-waste or household construction and demolition debris as herein defined; or a securely tied, bundle of refuse or debris which is not placed in a container that does not exceed three (3) feet in diameter, six (6) feet in length, and fifty(50)pounds in weight, or one (1) single miscellaneous or odd-shaped item of refuse or debris that does not exceed fifty(50) pounds in weight. A large household item, as herein defined, is to be considered a disposal unit. Household construction and demolition debris, as is herein defined, is to be considered a disposal unit. For the purpose of yard-waste collection, a"disposal unit" shall mean a biodegradable two-ply fifty(50)pound wet-strength kraft paper bag designed for yard-waste collection, not to exceed thirty-three (33) gallons in capacity and fifty(50) pounds in weight, containing"yard-waste" as herein defined, or securely tied, bundles of brush or branches using biodegradable cord, string, rope or twine that does not exceed fifty(50)pounds in weight, two (2) feet in diameter, and four(4) feet in length and is manageable by one (1)person. For purpose of recycling collection, a"disposal unit" shall mean one (1) 64 gallon, 33 gallon, or 96 gallon tote. Envelope shall mean a flat, folded paper container for a letter or smaller object. Frozen Food Packages shall mean paperboard containers with special coatings to prevent tearing of the packages or smearing of the ink from moisture when refrigerated or frozen. Garbage or Rubbish shall mean discarded materials resulting from the handling, cooking, spoilage, and leftovers of food, discarded food or food residues, and paper necessarily used for wrapping same, and all types and kinds of waste materials from housekeeping activities, including, but not limited to ashes, metal cans bottles, books, glass,plastic, newspapers, boxes, cartons, and small amounts of earth,rock or sod, small automobile parts and building materials waste from residential type do-it-yourself projects provided that all such materials are of a size sufficiently small to permit being placed in an approved refuse container, except those items which are banned from direct disposal into a landfill. 14 HDPE shall mean high-density polyethylene. Household Construction and Demolition Debris shall mean waste materials from interior and exterior household construction, remodeling and repair projects, including but not limited to: drywall, plywood and paneling pieces, lumber and other building materials; windows and doors, cabinets, carpeting, disassembled bathroom and kitchen fixtures; and small amounts of sod, earth, clay, sand, concrete, rocks and similar materials. Such debris shall conform to the following: loose small items shall be placed in suitable disposable containers not exceeding fifty(50)pounds in weight, or in bundles not exceeding two (2) feet in diameter, four(4) feet in length, and fifty(50)pounds in weight. Household Garbage shall mean garbage and rubbish as collected from the residents of the City of Yorkville or the Village of Oswego currently receiving curbside scavenger service or on-site dumpster service. Household Garbage—Large Items shall mean any items set forth under"Garbage and Rubbish" above if such item is too large to fit in an approved Disposal Unit including, but not limited to boxes, barrels, crates, furniture, refrigerators, carpets, mattresses, box springs, hot water heaters, stoves and other household appliances, except those items which are banned from direct disposal into a landfill. Household Garbage—Large Items shall not include waste from manufacturing processes, construction materials, broken concrete, lumber, large rocks, automobile parts other than tires or dangerous substances which may create a danger to the health, safety, comfort or welfare of the residents of the City of Yorkville or the Village of Oswego or items which are banned from direct disposal into a landfill. Industrial Wastes shall mean any and all debris and waste products generated by canning, manufacturing, food processing, restaurant, land clearing, building construction or alteration and public works type construction projects whether performed by a governmental unit or by Contract. Juice Boxes shall mean aseptic cartons consisting of a high-grade paperboard coated with polyethylene plastic and aluminum foil, excluding milk cartons. Junk Mail shall mean brochures, advertisements, flyers, post cards, greeting cards, window envelopes, and other similar correspondence. Landscape Waste (also referred to as Yard-waste) shall mean hard landscape waste and soft landscape waste. Large Household Item—Yorkville definition only(also known as "Bulk Item"), shall mean any discarded and unwanted large household appliance such as freezers, stoves, trash compactors, washers, dryers, dishwasher, humidifiers, dehumidifiers, microwaves, water softeners, televisions, pianos, organs, tables, chairs, mattresses,box springs, bookcases, sofas and similar furniture. All "white goods" including those containing CFC's (chlorofluorocarbons), shall fit into this definition. White goods containing switches containing mercury, and PCB's (polychlorinated biphenyls) shall not fit into this 15 definition. Large Household Item—Oswego definition only(also known as "Bulk Item"), shall mean any discarded and unwanted pianos, organs, tables, chairs, mattresses,box springs, bookcases, sofas and similar furniture. White goods and other electronic appliances are specifically excluded from Oswego's definition of"bulk items". LDPE shall mean low density polyethylene. Magazines shall mean periodical publications, usually glue bound. Mixed Papers shall mean stationary, various office papers such as; computer paper, xerox paper, note paper, letterhead, and other similar papers. Multiple-Family Dwelling A dwelling containing three (3) or more dwelling units, with one or both of the following: (a) More than one (1) dwelling unit connecting to a common corridor or entrance-way; or, (b) Dwelling unit vertically connected to neighboring dwelling units through shared floors and ceilings. PET shall mean polyethylene terephthalate. Performance Bond shall mean the form of security approved by the City or the Village and furnished by the Contractor as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract and will pay all lawful claims. Processing Center shall mean a location to be maintained or utilized by the Contractor for the purpose of sorting, preparing, and marketing of recyclable materials. Properly-Prepared shall mean materials prepared according to the disposal program restrictions for refuse, yard-waste, and recycling. Processing Costs shall mean all reasonable costs incurred by the Contractor with respect to the collection of recyclables from residents currently receiving curbside scavenger services. Public Awareness Program shall mean a program developed and provided by the Contractor and the City/Village to inform and encourage residents to use the recycling collection services and other waste collection and disposal services of the City/Village. Recyclables or Recyclable Material(s) shall mean, at a minimum, those materials listed on Appendix 2. Recycling shall mean the use, collection, and remanufacture of secondary materials as feedstock for the production of new materials or products. Recycling Containers (bins) shall mean a 64 gallon tote, or a 33-gallon or 94-gallon tote if so acquired by the customer in the manner prescribed in the recycling collection program 16 Refuse shall mean all discarded and unwanted household and kitchen wastes, including but not limited to: food, food residues, and materials necessarily used for packaging, storing,preparing and consuming same, usually defined as "garbage"; and all combustible and non-combustible waste materials resulting from routine domestic housekeeping, including but not limited to: aluminum and steel cans, glass containers, plastic containers, crockery and other containers, metal,paper(of all types), including newspapers,books, magazines, catalogs, boxes and cartons, cold ashes, furniture, furnishings and fixtures, household appliances (all kinds), textiles and leathers,toys and recreational equipment and similar items. For the purposes of this Agreement, the terms "garbage", "refuse", "rubbish", and"waste" shall be synonymous unless otherwise more specifically defined(for example: "yard-waste"). Refuse Sticker shall mean a biodegradable paper stamped with the City or Village name and the Contractor's name and telephone number providing the solid waste services for the City or Village. The sticker shall represent proof of payment for collection and disposal services to be rendered by the Contractor. Residence shall mean all attached single family and detached single family dwelling. Single-Family Dwelling A detached dwelling containing accommodations for and occupied by one (1) family only. Specifications shall mean specifications identified in the Contract. Tote (also referred to as a Toter) A plastic wheeled container in size of 64 gallon, 33 gallon, or 96 gallon with tight-fitting cover,requiring semi-automatic lifting mechanism for collection. Waste shall mean refuse,recyclables, yard or landscape waste and white goods. Wet-strength Carrier Stock shall mean rectangular-shaped paperboard containers with special coatings to prevent tearing of the containers or smearing of the ink from moisture when refrigerated. White Goods shall mean refrigerators, ranges or stoves (electric or gas), freezers, room air conditioners, water heaters and other similar domestic large appliances. Yard-waste container/unit shall mean a container or unit and may be a kraft paper bag not exceeding thirty(34) gallons of capacity weighing up to fifty(50)pounds. The kraft paper bag shall be of the type specifically intended for landscape waste, being specifically biodegradable and not chemically treated; or a waste container(excluding plastic bags) not exceeding thirty-four(34) gallons of capacity weighing up to fifty(50)pounds; or bundles of hard landscape waste not exceeding two (2) feet in diameter and four(4) feet in length weighing up to fifty(50)pounds. Said bundle to be securely tied with biodegradablenatural fiber twine. Securing with plastic or wire is prohibited. Yard-waste (also known as "landscape waste") shall mean grass clippings, leaves, branches and brush, other yard and garden trimmings, vines, garden plants and flowers, weeds, tree droppings (for example: pine cones and crabapples), and other similar organic 17 waste materials accumulated as the result of the cultivation and maintenance of lawns, shrubbery, vines, trees and gardens. Sod, dirt, Christmas trees, and greenery from wreathes and garlands shall not be considered yard-waste and shall be disposed of as refuse,unless the composting facility will accept it. 34. DESCRIPTION OF THE BASE SOLID WASTE PROGRAM 34.1 Refuse, yard-waste, and curbside recycling services are provided to residences located within the City or Village on a once-per-week basis. 34.2 Yorkville Option A and B - The Yorkville options, being a modified volume based program, based on a monthly fee for pickup of all refuse, consisting of one 33-gallon, 64- gallon tote, or 96-gallon tote, and a $1 charge for each refuse disposal unit beyond the tote, unlimited yard waste and unlimited recycling. As part of program, the contractor shall supply the customer with a tote of a size of the customer's choosing for a cost outlined in Appendix 1. 34.3 Oswego refuse programs—The Village will select one of three solid waste programs. Haulers should bid on each of the following programs as set out below, in Appendix NUMBER. Oswego Option A—Unlimited refuse, unlimited recycling, and limited yard-waste collection. Refuse and recycling shall be collected if it is set out in a thirty- three (33) gallon or less container. A discounted rate schedule for senior residents within the VILLAGE limits will be offered by the CONTRACTOR; to residents age sixty-five (65) and over. Oswego Option B—Modified volume based program, with limited refuse, unlimited recycling, and limited yard-waste collection. Refuse limits per week are two (2)thirty-three (33) gallon disposal units or a CONTRACTOR issued sixty-five (65) gallon toter. The price to the customer for the optional 65-gallon toter shall be outlined in Appendix NUMBER. Each additional disposal unit shall be affixed with a $1 sticker. A discounted rate schedule for senior residents within the VILLAGE limits will be offered by the CONTRACTOR; to residents age sixty-five (65) and over. Oswego Option C -Modified volume based program, based on a monthly fee for pickup of all refuse, consisting of one 33-gallon, 64-gallon tote, or 96- gallon tote, and a $1 charge for each refuse disposal unit beyond the tote, limited yard waste and unlimited recycling. As part of program, the contractor shall supply the customer with a tote of a size of the customer's choosing for a cost outlined in Appendix NUMBER. A discounted rate schedule for senior residents within the VILLAGE limits will be offered by the CONTRACTOR; to residents age sixty-five (65) and over. 34.4 Bulk items as herein defined, are considered subject to collection by the CONTRACTOR, according to the terms and definitions of this contract. Residents with additional material or home improvement projects may contract separately with the CONTRACTOR. The CONTRACTOR will make available 6, 10, 15, 20, and 30 cubic yard containers for this purpose. Yorkville Option A and B -Yorkville's bulk item collection shall be for the collection of one (1)bulk item per week from residential units at no 18 additional cost to the resident. Oswego Option A, B, and C - Individual residents will be responsible for contacting the CONTRACTOR to make payment and logistics arrangements for the collection of bulk items, excluding the two (2) amnesty days as described in Section 44.1. 34.5 Yard-waste collection shall begin each year on the 1"collection day in April and end the last collection day in November. 35. SCOPE OF WORK 35.1 The Contractor shall be responsible for performing all work as outlined in the specifications herein and shall provide and furnish all labor, materials, equipment and supplies, vehicles, transportation services, and landfill and compost facility space required to perform and complete the collection and disposal of refuse and yard waste. The Contractor shall also make necessary arrangements with processors required to perform and complete the collection and marketing of recyclables. 35.2 The collection of refuse,yard waste, and recyclable materials shall be a joint program awarded to one firm and cannot be quoted or operated as separate programs. 36. COLLECTION UNITS 36.1 The base unit of service shall be known as a"Collection Unit or Stop". The Contractor shall collect, remove and dispose from every residential building unit, as defined herein, in the City of Yorkville, all refuse, yard-waste and curbside recyclables that may be set out for collection one (1)time each week. 37. GARBAGE AND REFUSE COLLECTION; PREPARATION AND PLACEMENT OF DISPOSAL UNITS 37.1 Toter or can production: Yorkville Option A and B, and Oswego Option C - The CONTRACTOR agrees to provide, at its own expense, one 33-gallon, 64-gallon, or 96-gallon totes to each single-family residence in the City or Village for the purposes of garbage collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts that become worn or damaged through normal usage. Oswego Option A - All refuse containers (totes, cans, etc.) shall be provided by the customer, at the customer's cost Oswego Option B—All refuse containers (totes, cans, etc.) shall be provided by the customer, at the customer's cost 37.2 All GARBAGE and REFUSE as herein defined that is designated for collection and disposal hereunder must be placed in one of the following containers: 1) the provided totes 2) a water-tight metal or plastic reusable waste container no larger than thirty-three (3 3) gallons in capacity and no smaller than fifteen (15) gallons in capacity 3) a heavy duty bag no more than 33-gallons in capacity and less than 50 pounds in weight, which is securely fastened 19 37.3 Cans, containers, and/or heavy duty bags must be placed at the curb or roadway or in the alley(if designed by the CONTRACTOR). 37.4 All residences receiving the aforementioned services shall be required to prepare all materials for collection and/or disposal into proper "disposal units". The CONTRACTOR will be required to collect only properly prepared disposal units. 37. 5 For modified volume-based programs (Yorkville Option A and B, Oswego Option B and C) Residents will be allowed to place unlimited amounts of disposal units at the curb for collection and disposal provided that a disposal sticker has been attached to each unit above and beyond the disposal units covered in the monthly fee. 37.6 Properly prepared refuse shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians or snow plowing operations. The CONTRACTOR shall return all containers at each pick-up location to the curbside or adjacent to the right-of-way of paved or traveled City or Village roadways. Containers will be placed,not thrown, and securely placed in such a manner that they are not left lying on their sides or in a manner that would allow roadway interference of vehicle and/or pedestrian traffic. Any contents spilled by CONTRACTOR on the parkways,premises, or streets are to be cleaned up in a workmanlike manner. 38. ACCEPTABLE/UNACCEPTABLE MATERIAL 38.1. UNACCEPTABLE MATERIAL: Residents shall not set out for disposal and the CONTRACTOR shall refuse to accept for regular collection: hazardous waste materials, radioactive materials,poisons, liquid waste,paint or similar products, acids,used motor oils, or any other material that the CONTRACTOR is legally unable to accept. 38.2 ACCEPTABLE MATERIAL: All refuse normally produced by residential properties shall be accepted for regular collection including but not necessarily limited to: bulk items, household fixtures, appliances, furniture and yard-waste. 39. EXAMINATION OF SERVICE AREA 39.1 It is the responsibility of the Contractor to be completely informed of all conditions under which service is to be performed, the service area, and all other relevant matters pertaining to the collection services as specified herein, including, but not limited to, type of housing, population density, roads, traffic patterns, required collection procedure, labor requirements, and any other factor which would effect the execution and/or completion of the work covered by the contract. 40. ALTERNATIVES AND DEVIATIONS 40.1 The specifications included in this package describe existing services which the City and Village believes are necessary to meet performance requirements of the City and Village and shall be considered the minimum standards expected of the Contractor. 40.2 Other alternatives from the specifications in Section III may be indicated if the proposed alternatives are equal to or greater than what is required by these specifications. All alternatives shall be separately listed, and a justification for each shall be stated. The Contractor shall use Appendix 3, Schedule of Alternatives and Deviations, for listing other alternatives. 20 40.3 If the Contractor is unable to meet any of the specifications as outlined herein, it shall also separately list all requested deviations from the specifications,with justifications attached for each deviation. The Contractor shall use Appendix 3, Schedule of Alternatives and Deviations, for listing proposed deviations. 40.4 If the Contractor does not indicate alternatives to or deviations from the specifications, the City and Village shall assume it is able to fully comply with these specifications. The City and Village, individually, shall be the sole and final judge of compliance with all specifications. 40.5 The City and Village, individually, further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations The City and Village, individually, shall also be the sole and final judge as to whether any alternative or deviation is of an equivalent or better quality of service. 41 CHRISTMAS TREE COLLECTION 41.1 The CONTRACTOR will provide curbside collection service of live Christmas trees two (2) weeks during the 1 st and 2nd full week in January each contract year. It will be the responsibility of the CONTRACTOR to either recycle or correctly dispose of live Christmas trees. There will be no cost to the City and Village for this service. The CONTRACTOR and the City and Village will work together to educate the public with respect to the condition of the trees before they will be collected. Christmas trees will be accepted provided they are free of all ornamentation, including tinsel, garland and lights. If disposable tree bags are used, a refuse sticker must be affixed to the plastic bag. Christmas trees placed at the curb during the two-week special collection period shall be recycled. Recycling shall consist of taking the Christmas trees to a compost site to be chipped, mulched or composted. The CONTRACTOR shall provide the name and location of the compost site in accordance with Appendix 6. 42. YARD-WASTE/BUNDLED BRUSH COLLECTION 42.1 Yard-waste collection programs Yorkville Option A and B -As a part of yard-waste collection, all eligible households located within the City's corporate boundaries shall be provided weekly yard-waste and bundled brush collection in an unlimited amount. All yard waste materials must be placed in "Kraft"paper bags designed and sold specifically for the collection and disposal of yard waste. All bundled brush must not exceed four(4) foot length, with each individual bundle not to exceed excess weight of fifty(50)pounds. Resident customers placing bundled brush out for collection will be required to bundle brush with biodegradable natural fiber twine (plastic or wire is prohibited). Bundled brush will be collected on regular refuse service days during the yearly period of time established, (April 1 st through the last collection day in November). Oswego Option A, B and C -As a part of yard-waste collection, all eligible households located within the VILLAGE'S corporate boundaries shall be provided weekly yard-waste and bundled brush collection. All yard waste materials must be placed in "Kraft"paper bags designed and sold specifically for the collection and disposal of yard waste. Each"Kraft" paper bag will have a yard waste sticker attached prior to collection. All bundled brush must not exceed four(4) foot length, with each individual 21 United City of Yorkville and Village of Oswego bundle not to exceed excess weight of fifty(50)pounds. Resident customers placing bundled brush out for collection will be required to bundle brush with biodegradable natural fiber twine (plastic or wire is prohibited). Each bundled brush will have a yard waste sticker attached prior to collection. Yard-waste and Bundled brush will be collected on regular refuse service days during the yearly period of time established, (April 1 st through the last collection day in November). There will be two (2) amnesty days in a calendar year as described in Section 44.1 of this contract when unlimited yard waste and bundled brush will be collected at no charge to resident. 43. RECYCLABLE MATERIAL PROGRAM 43.1 The CONTRACTOR agrees to provide, at its own expense, one 33-gallon, 64-gallon, or 96-gallon tote to each single-family residence in the City and Village for the purposes of recycling collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts that become worn or damaged through normal usage. 43.2 The City's and Village's recyclable material program shall remain voluntary on the part of any person receiving residential scavenger service as covered under this contract. The Contractor shall, however,provide for the collection and disposal of all recyclable material placed for collection in accordance with the terms of this Contract. The Contractor shall provide for the collection and disposal of recyclable material at no additional cost to customers receiving residential scavenger service as covered under this contract. The cost of recycling collection and disposal services has been built into the rates and charges otherwise provided for in the Contract for collection of refuse and yard- waste. 43.3 Revenue collected from the sale of recyclable materials shall be handled in the following manner: Yorkville Option A—All revenue collected from the sale of recyclable material shall be the property of the Contractor. Yorkville Option B—All revenue collected from the sale of recyclable material shall be the property of the City. Oswego Options A, B and C - All revenue from fair market value actual residential recycle commodity rebates after fees (handling, transport, residual, moisture); for the first two hundred(200) tons each month collected by the CONTRACTOR within the VILLAGE of Oswego will be retained by the CONTRACTOR. All actual gross revenue rebates above two hundred(200) tons a month collected on an annual average will be split between the VILLAGE and the CONTRACTOR at a rate of fifty percent(50%)throughout the term of the contract. The CONTRACTOR shall have representatives available to participate in community-sponsored events promoting environmental awareness. 22 United City of Yorkville and Village of Oswego 43. 4 The Contractor shall have representatives available to participate in community- sponsored events promoting environmental awareness. 43.5 The method in which the recyclables are to be generally sorted for collection by the household shall be commingled within the recycling container(s). 43.6 The Contractor shall specify the manner in which the recyclables are to be collected and sorted by the Contractor at the curbside; i.e. curb-sort, sorting at an intermediate processing facility, and the like. The Contractor will be responsible for cleaning up any material that has spilled as a result of the collection process. 43.7 The Contractor shall allow for a tagging system for recyclables not collected and must provide a simple explanation as to why the recyclable material(s) were not picked up, including, but not limited to, the following: contaminants, improper preparation; materials not accepted in program: refuse and/or yard-waste mixed with recyclables; or some combination thereof. The Contractor shall submit an example of the tagging system to be used. Recyclable materials that were rejected shall be returned to the container and not left on the street or parkway areas. 43.8 The Contractor shall purchase and maintain a reasonable supply of recycling totes, for residential scavenger service to cover replacement for lost, damaged and stolen containers, and for customers desiring additional recycling capacity. The City and Village, individually, reserves the right to approve the type of containers purchased by the Contractor. 43.9 The Contractor shall pick up all recyclable material placed in the recycling totes, the recycling containers supplied by the Contractor, or any other recycling containers used by the customer. If, for operational purposes, the Contractor has difficulty identifying recycling containers used for recycling purposes, the Contractor shall provide free of charge, a recycling sticker or other identification mechanism to be placed on the various recycling containers used for collection of recyclable material. 43.10 The Contractor shall provide the name and location of the processing facility, as well as the proposed buyer/market for recyclable materials as set forth in Appendix 6. In the event that an alternative site is preferred by the City or Village, the Contractor shall use the alternative site location provided that any changes in the costs for collection and processing created by the use of such site will be negotiated between the City or Village and the Contractor prior to its use. 43.11 The City and the Village, individually, reserves the right to accept or reject any or all suggested categories, which may be offered for collection in the residential recycling program. The City and the Village, individually, also reserves the right to phase in at a later date, any material(s) which the Contractor has indicated an ability to collect but which the City or the Village has determined not to add to the collection program, or to phase in any material(s)that the Contractor may not presently offer but will be able to offer sometime during the term of the Contract. The basis for determining cost of adding 23 United City of Yorkville and Village of Oswego materials at a later date will be based on evidence supplied by the Contractor specifically justifying additional cost due to collection, administration, profit, and processing (minus revenue) only. 44. AMNESTY DAY 44.1 The CONTRACTOR shall provide for a spring and fall curbside collection of additional refuse,yard-waste and bulk items as defined herein, on a date(s) that is mutually agreed upon between the CONTRACTOR and the CITY and the Village, individually. In addition, the CONTRACTOR will collect WHITE GOODS and up to 4 automobile tires during the scheduled Amnesty Day. All rims must be removed from the tires prior to collection. There shall be no additional charge to the residents for the clean up and additional BULK ITEMS and WHITE GOODS that will be accepted during the designated clean-up week and stickers will not be required. 45. COLLECTION FROM MUNICIPAL FACILITIES 45.1 At no additional cost, the Contractor shall collect, transport, and dispose of all refuse, yard-waste and recyclables from all municipal-owned facilities as set forth in Exhibit B. The Contractor shall furnish, at no additional cost to the City or the Village, at each municipal building served, containers for refuse, yard-waste and recyclables as requested by the municipality's Designated Representative, with the size to be agreed upon. The City and the Village reserves the right to request such containers, in addition to, or increase the size of normal containers, on a permanent or temporary basis. If requested by the City or the Village, any and all containers furnished by the Contractor shall be equipped with non-removable hinged covers or lids. Collection and disposal services by the Contractor will be as often as necessary each week, as set forth in Exhibit B. 46. STICKER DESIGN AND DISTRIBUTION 46.1 The CITY and the Village, individually, have the sole authority to approve or disapprove the design and construction of the CONTRACTOR's stickers. Stickers must be of an approved color, which should be clearly visible at dawn or at dusk by drivers, and which said color should be changed periodically to prevent counterfeiting. The paper used shall be biodegradable and shall contain glue backing that will adhere in sub-zero temperatures as well as in extreme heat. The stickers shall contain the CONTRACTOR's name and telephone number, state the name of the municipality and be consecutively numbered for record keeping and balancing purposes. The CONTRACTOR will deliver stickers to retail outlets and the CITY or Village upon request. 46.2 The CONTRACTOR shall be responsible for the printing, distribution, and sale of an ample and always available supply of waste stickers. The CONTRACTOR shall arrange for local retail outlets to aid in the sale of the stickers. The CITY and Village also may act as a disposal sticker retailer for the CONTRACTOR. 47. [Section purposefully omitted] 48. BILLING PROCEDURES 48.1 The CONTRACTOR shall bill the City or Village individually for all serviced UNITS 24 United City of Yorkville and Village of Oswego within the respective municipality. The City and the Village, individually, shall provide the contractor with the number of occupied UNITS within the municipality on a monthly basis. 49. MONTHLY REPORTING 49.1 The Contractor shall prepare and submit to the City and the Village a monthly refuse, yard-waste and recycling material report, due by the 25th of the following month. The report shall include the following information for all residential scavenger service in each municipality covered under this contract: 49.2 Refuse - Total weight in tons and total volume in compacted cubic yards of refuse land- filled each month;Number of white goods collected each month; Tipping fee charge per ton at the landfill site; Name and location of the landfill facility and/or transfer station used by the Contractor; and, Copy of all complaints filed by the City and Village customers during the month. 49.3 Yard-waste - Total volume, in compacted cubic yards, of yard-waste collected; Tipping fee charge per compacted cubic yard at the compost facility; Name and location of the compost facility used by the Contractor; and, Copy of all complaints filed by the City and Village customers during the month. 49.4 Recyclable Material -Weekly set-out rate; Monthly participation rate (total number of set-outs divided by the number of homes/dwelling units included in the collection service); Total weight, in pounds, of recyclable materials collected; Revenue received by the Contractor for the sale of recyclables; Tipping fee savings (total weight of recyclable materials collected in tons multiplied by the tipping fee charge per ton at the landfill site); Name and location of processing facility used by the Contractor; and, Copy of all complaints filed by the City and Village customers during the month. 50. CONSUMER EDUCATION 50.1 Upon request, the Contractor agrees to provide City and Village residents with such educational materials as the City and Village, individually, deems necessary. Educational materials may include notices to be left at resident's property as well as literature describing in detail the refuse, recycling and yard-waste collection program. There shall be no cost to the City or the Village or its residents for the printing and distribution of any consumer education materials. 51. TITLE TO WASTES 51.1 All refuse,yard-waste, and curbside recyclables collected shall belong to the Contractor as soon as the same is placed in the Contractor's vehicle. 52. DISPOSAL 52.1 All refuse and yard-waste collected shall be removed from the City and Village by the Contractor as soon as it has been collected; but in any event, not later than noon of the date following collection, and shall not be disposed of in violation of any state, federal or county laws or regulations. 25 United City of Yorkville and Village of Oswego 53. RATES AND SPECIAL RATES 53.1 For any services required to be performed under this Contract, the charge shall not exceed the rates as fixed by the Contract and set forth in Appendix 1 attached hereto and made a part hereof. For items not otherwise provided for by the Contract document, and requiring special handling due to size, weight, type of material or method of placement, the charges are to be negotiated between the Contractor and the resident customer for collection and disposal into a landfill or processing facility. 54. SPECIAL & EMERGENCY COLLECTIONS 54.1 The Contractor shall offer special curbside collection service for large quantities of refuse including,but not limited to, construction and demolition debris, and move-in or move- out clean-up rubbish. Such services shall be an advance arrangement with the Contractor at the resident customer request. The collection cost for such services shall be based upon cubic yards and the resident customer shall make payment directly to the Contractor. The Contractor agrees to provide free dumpsters (sizes 1 yard through 30 yard as requested by the City and Village) for refuse and recycling collection during the City's annual Hometown Days, 4th of July Parade and celebration in the park, and other City or Village managed special events.. The City or Village and the Contractor may mutually agree to emergency pick-up services for disasters including, but not limited to, flood, wind and snow. 55. SCHEDULE AND TIME OF COLLECTIONS 55.1 The City and Village shall be divided into collection areas and a regular weekday collection shall be assigned to each area. A map of the City and the Village , designating collection areas shall be made a part of this contract and attached hereto as Exhibit A. 55.2 The schedule shall not be changed without first obtaining consent from the City Administrator, or Village Administrator, and not without giving a minimum of thirty(30) days written notice to all parties affected by the change. The City or Village may, at its discretion, waive the minimum time limits required. This waiver must be in writing and signed by the City or Village designee. The Contractor will be required to publish an advertisement twice per week in two separate weekly issues of the local newspapers, no earlier than 60 days prior to the change, with the last advertisement to be no later than fifteen(15) days prior to the schedule change. Failure of the Contractor to maintain said collection schedule shall be considered a breach and default of the contract and grounds for immediate termination of the contract. 55.3 In no case shall collection commence prior to 6:00 a.m. or continue past 7:00 p.m. on any day during the term of the contract. The collection schedule shall not include Saturday or Sunday as a regular collection day for any area in the City. 56. HOLIDAYS 56.1 Collection normally falling on the following holidays may be rescheduled for the first working day following the legal holiday, or on Saturday, as necessary, for that week only: 26 United City of Yorkville and Village of Oswego New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day 56.2 The Contractor agrees to inform the City and its residents of changes in normal collections due to holidays by notification through at least two local media outlets or establish a permanent holiday schedule or plan to be printed within the refuse literature. 57. SCHEDULE ADHERANCE 57.1 If, at any time during the term of this contract, the Contractor shall collect any section of the City or the Village on a day other than the scheduled day, the Contractor shall immediately notify the respective municipality that he is in violation of the contract. If a similar violation should occur more than once within the three week period following the week of the original violation,the City or the Village will notify the Contractor by certified mail and withhold any further payment that may be due under the contract until the Contractor has furnished evidence satisfactory to the City or the Village that the Contractor has taken necessary actions and precautions to prevent further violations. The City or Village may determine that this second or subsequent collection violation as a breach of contract, and therefore the City and the Village reserves the right to terminate the contract. Delays that are occasioned by holidays, or by daily(any 24-hour period) precipitation of four(4) inches or more of rain, or eight(8) inches or more of snow, may not be considered as violations. The City Administrator, Village Administrator or the shall be the judge of whether delays constitute a violation, or not. 58. PLACE OF PICK-UP 58.1 The Contractor is responsible for the public streets, or properly wavered private street curbside pick-up of all residential locations as well as designated locations as requested by the City or Village. 59. REPLACEMENT DAMAGE 59.1 The Contractor is responsible for damages resulting from its careless handling of any receptacle. The Contractor at no extra charge to the user shall replace all containers, which suffer damage caused by the Contractor. If the original container was supplied by the CONTRACTOR,the containers so supplied shall remain the property of the CONTRACTOR. If the original container was supplied by the resident, then the replacement container shall be the property of the resident. 60. COLLECTION VEHICLES 60.1 All vehicles used for collection purposes, except those exempted by other provisions of these specifications, shall have fully enclosed bodies with self-contained mechanisms to load and compress the material collected. These vehicles must be modern, neat, rear, front, or side-loading packer-type motor trucks, have entry for refuse into the vehicle's collecting body. All vehicles shall be kept watertight to prevent leaking, shall be kept closed except during collections along collection route. All equipment used by the Contractor shall be painted with no rust showing on the cab, chassis or body. Vehicles must be kept in clean, sanitary and quiet operating condition. Vehicles must at all times 27 United City of Yorkville and Village of Oswego be supplied with brooms and necessary items to provide for immediate clean up of any litter or mess, which may result from leaking, spilling or blowing during collection procedures. Vehicles shall be clearly labeled with the firm's name, address, and telephone number and have a vehicle identification number printed clearly on each and every vehicle. However, if the Contractor desires to use a vehicle of larger capacity, specific written approval of the specific vehicle shall be required from the City's or the Village's Designated Representative, after an actual demonstration of the vehicle on the streets of the respective municipality. Overweight vehicles are the responsibility of the Contractor. Contractor is required to comply with weight requirements and safety requirements as established by Illinois Law or City or Village Ordinances for vehicles, vehicle operators and specialty equipment. 61. EMPLOYEES 61.1 The Contractor shall undertake to perform all disposal services rendered in a neat, orderly and efficient manner; to use care and diligence in the performance of this contract; and to provide neat, orderly and courteous personnel on its crews. The Contractor shall agree to prohibit any drinking of alcoholic beverages or use of illegal drugs or drugs which impair the ability of the employee or agent to safely and adequately perform his or her(drivers and crew members)job while on duty or in the course of performing their duties under this contract. The Contractor shall also agree to ensure that each employee driving a vehicle shall at all times carry a valid operator's license for the type vehicle he/she is driving. The Contractor's employees will be attired, at all times, in a professional-type manner. These specifics will be agreed upon between representatives from the Contractor and the City or Village Designated Representative. 62. ACCIDENT PREVENTION 62.1 Precaution shall be exercised at all times for the citizens, employees and property. The safety provisions of all applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the manual of Accident Prevention in Construction,published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. 63. COMPLAINT PROCEDURE 63.1 All complaints received by the Contractor shall be given prompt and courteous attention. The City and the Village, individually and the Contractor will agree upon a formalized complaint form to be filled out by the Contractor each and every time a customer contacts the Contractor with a complaint. It will be the Contractor's responsibility to have the complaint forms, on NCR(no carbon required)paper,printed and available for use by the Contractor prior to the commencement of this Contract. The Contractor will supply the City and the Village with sufficient NCR forms for logging of complaints by City and Village staff. Any complaint received by the City or the Village shall be immediately communicated to the contractor. The Contractor is required to supply the City with copies of all complaint forms within five (5)business days of a complaint being made, indicating thereon the resolution thereof 28 United City of Yorkville and Village of Oswego 63.2 The Contractor shall provide the City and the Village with name, phone number, and email address for an individual to serve as point person for purposes of City staff contact with the Contractor. 64. COMPLAINTS 64.1 Where any dispute arises between a resident/customer and the Contractor, as to the manner or placing of containers for collection or preparation of recyclable materials, or the nature of the Contract or the like, the Contractor agrees that in the specific instance collection will be immediately made even though in its opinion, the customer is in error; and that it will immediately report the same to the City's or the Village's Designated Representative so that the City or the Village and the Contractor may resolve the dispute, if possible, before additional collection becomes necessary. The intent of this paragraph is to avoid disputes/disagreements between the customers and the Contractor's employees, and to permit disputes/disagreements to be handled by mutual discussion between the Contractor and the City or the Village. If a missed pick up is reported by the City or a customer to the Contractor, the Contractor shall collect the refuse, recyclable material or yard-waste from such customer within on(1)business day of notification. All complaints other than missed pickups shall be resolved to the satisfaction of the City or the Village within two (2)business days. As noted above, the Contractor shall supply to the City and the Village an NCR copy of the complaint form for each and every complaint and on which the nature of the complaint and the disposition is clearly noted. The Contractor shall cooperate with the City and the Village in minimizing complaints from customers. Continued unreasonable complaint levels, as determined by the City or the Village, or failure of the Contractor to carry out any of its contractual obligations such as,but not limited to, rude treatment, messy pickups, damage to persons or property and early start-up may be due cause for the City or the Village to terminate this Contract after notice and an opportunity to be heard. 65. CUSTOMER VIOLATIONS OF MUNICIPAL CODE 65.1 The Contractor shall have the right to notify any customer of noncompliance with the applicable Yorkville or Oswego code provisions concerning the handling or disposal of solid waste as those same may apply to such customers. The Contractor shall report any continuance of any such noncompliance to the respective City or Village. 66. NEW CUSTOMERS 66.1 The Contractor agrees to provide service immediately to all new customers, even if the new customer neglected to first notify or request collection services. The City and Village agrees to make every effort possible to alert the new customer to the collection procedure for refuse, recycling and yard-waste. 67. EXCLUSIVE GRANT/INTENT 67.1 The City and the Village, individually, agrees that in consideration of the faithful performance of the obligations herein undertaken by the Contractor, the City and Village does, by execution of this Contract pursuant to City Code, give and grant to the respective Contractor, for the term of this Contract only, the sole and exclusive Class A 29 United City of Yorkville and Village of Oswego License to collect and dispose of all residential solid wastes. The Contract shall include all residences (attached single-family and detached single-family as defined herein) and municipal facilities as required within the corporate boundaries of the City of Yorkville or the Village of Oswego. This grant expressly includes the right and duty to service any land annexed to the City or Village where new residences or municipal buildings have been constructed during the term of this Contract. Service will be provided on the same terms as set forth herein. The City and Village shall communicate any changes to the corporate boundaries or service area resulting from annexations, zoning actions, site plan approvals, construction, etc., to the Contractor. It is the intent of this Contract to obtain, throughout its term, clean, courteous, well scheduled, and well-executed collection and disposal or processing of refuse, recycling and yard-waste from properties in the City of Yorkville and the Village of Oswego. While the City and Village recognize that any collection service involves minor customer operating problems, the intent of this Contract is to ensure that any such operating problems are minimized to the extent possible and corrected as soon as possible. 68. QUALIFICATIONS/REFERENCES 68.1 The Contractor shall provide at least five (5) references of"like"public agencies with current contacts in accordance with Appendix 4 and shall indicate if appropriate, which municipality has implemented a volume-based program. Contractor shall complete the attached Appendix 6 listing its qualifications. 69. PROPOSAL SECURITY 69.1 Each proposal shall be accompanied by proposal security, which shall be in the form of a certified check or a bank cashier's check in the amount of five thousand dollars ($5,000), made payable to the City of Yorkville, and($5,000)made payable to the Village of Oswego. Proposals submitted without the required security shall be rejected. After formal written notification by the City or Village that a contract award decision has been made, the proposal security of the successful Contractor shall be forfeited to the City or Village in the event that the Contractor shall withdraw its proposal, or neglect or refuse to enter into a contract and required bond, and the Contractor shall be liable for any damages the City may thereby suffer. 69.2 Proposal securities shall be released as follows: (1)The successful Contractor's security shall be retained until the required performance bond ($500,000.00) has been furnished; (2) Proposal securities of the proposing Contractors shall be held until the successful Contractor's performance bond has been furnished, at which time the checks will be promptly returned to the unsuccessful Contractors 70. TERM OF CONTRACT 70.1 Yorkville program- The term of the Contract will be four(4) years and nine (9)months years, and shall commence at 12:01 a.m. on August 1, 2012 and shall remain in full force and effect through termination at 11:59 p.m. on April 30, 2017. Upon request, the City may exercise an option to extend the contract term for an additional two (2) year period ending at 11:59 p.m. on April 30, 2019. The Contractor may negotiate in good faith, on request of the City, for an extension to the contract, provided that the contract extension 30 United City of Yorkville and Village of Oswego is approved by the City Council no later than one hundred twenty(120) days before the termination of the existing contract. Oswego Options A, B, and C—For all Oswego Options, the Village desires quotes on two different Contract terms. The first desired quote for Contract term will be for two (2) years and nine (9) months, and shall commence at 12:01 a.m. on August 1, 2012 and shall remain in full force and effect through termination at 11:59 p.m. on April 30, 2015. The second desired quote Contract term will be for four(4) years and nine (9)months, and shall commence at 12:01 a.m. on August 1, 2012 and shall remain in full force and effect through termination at 11:59 p.m. on April 30, 2017. The Village shall choose the length of the Contract term upon acceptance of a proposer. 71. STICKER REFUND 71.1 At the end of the Contract term, should the City or the Village select a different scavenger service, the Contractor agrees to refund to all customers, retailers and the City and Village, the full purchase price of all refuse/yard-waste stickers returned to the Contractor within one hundred twenty(120) days after the end of such term. 72. PERFORMANCE BOND 72.1 The Contractor shall provide a performance bond issued by a surety in an amount of $500,000 to each of the the City and the Village. 73. EMERGENCIES 73.1 The Contractor agrees that should any emergency arise by reason of storm, tornadoes, or other act of God which require additional hauling equipment by the City or the Village, the Contractor's equipment shall be placed at the disposal of the City or Village upon request for such temporary use,provided that upon such use the City or the Village shall pay the operating cost of such equipment and labor as it is used. The City and the Village, individually, reserves the right to direct which disposal sites are to be used during an emergency. 74 LOCAL IMPROVEMENTS 74.1 The City of Yorkville and the Village of Oswego reserves the right to construct any improvement or to permit any construction in any street, which may have the effect for a time of preventing the Contractor from traveling his accustomed route or routes for collection. The Contractor shall, however, by an acceptable method, continue to collect the refuse, yard-waste and recyclables to the same extent as though no interference existed upon the streets formerly traveled. This shall be done without extra cost to the City of Yorkville or the Village of Oswego. 75. TAXES,LICENSES & PERMITS 75.1 The Contractor shall pay all sales, use,property, income, and other taxes that are lawfully assessed against the City, Village or the Contractor in connection with the Contractor's facilities and the work included in this Contract, and shall obtain and pay for all licenses, permits, certificates of authority, and inspections required for the work. The Contractor shall furnish to the City and the Village satisfactory evidence that it has all permits, 31 United City of Yorkville and Village of Oswego licenses, and certificates of authority required to operate for the term of this contract. 76. DEFAULT 76.1 If the Contractor fails to observe the established schedule for more than two (2) consecutive working days, and in the opinion of the City's or Village's Designated Representative, there has not been sufficient cause to justify such lack of observance, the City or the Village, respectively, shall serve notice, either personally or by affixing such notice to the local premises of the Contractor, that this contract shall be in 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 the twenty-four(24)hour period, the Contractor has not made the necessary corrections, the City or the Village shall take such steps as are necessary, to provide services according to the collection schedule submitted by the Contractor. The Contractor will be liable for any costs of such steps from the date of the notice of default. If deemed necessary by the City's or Village's Designated Representative, the City or the Village shall have the right to take over all equipment and facilities of the Contractor for a period of up to one-hundred-twenty(120) days from the date of notice of default. 77. STRIKES/FORCE MAJEURE 77.1 The Contractor shall be required to file proof with the City Administrator and Village Administrator, or their designee that it has a "no strike" provision for the duration of all collective bargaining agreements with its workers. Upon execution of any new agreement, the Contractor shall forward to the City Administrator and Village Administrator within thirty(30) days thereafter,proof that said agreement also contains a "no strike" clause. 78.2 In the event that the Contractor shall fail to collect, remove and properly dispose of the waste in accordance with the terms of this contract, for a period of five (5)business_days or more, the CITY or Village,may, at its option, cause such waste to be collected and disposed of by any reasonable means available to the CITY or the Village, and the cost thereof may be charged against the Contractor and the performance bond furnished by the Contractor. The foregoing option shall not be available to the CITY or the Village if the Contractor's failure so to collect and remove waste for the period was due to unusual weather conditions, or some other "act of God," which rendered such collection and removal impossible to perform. The Contractor shall not be liable for the failure to perform its duties if such failure was caused by a catastrophe,riot,war, government order or regulation, fire, accident or any similar contingency beyond the reasonable control of the Contractor. "Act of God" does not include any strike, sympathy strike, slowdown, sit-down, stoppage of work, refusal to perform overtime, mass absenteeism, refusal to cross a picket line or any other similar concerted action or intentional interruption or disruption of the operations of the Contractor by Contractor's own employees (the foregoing collectively referred to as "labor dispute"),provided, however, that in the event that the CITY or the Village exercises its option under this Article to collect and dispose of waste by other reasonable means because of the Contractor's failure to perform due to a labor dispute, the total amount charged against the Contractor by the CITY or Village can only be an amount which is in excess of the total amount that the CITY or Village would have otherwise paid to the Contractor for collection over the duration of the labor dispute. The CONTRACTOR shall promptly notify the CITY and Village in writing of any 32 United City of Yorkville and Village of Oswego event covered by this Section and the date, nature and cause thereof. Such notice shall indicate the anticipated extent of such delay and the obligations under this Agreement to be affected thereby 33 United City of Yorkville and Village of Oswego IV. PROPOSAL/CONTRACT FORM ***THIS PROPOSAL,WHEN ACCEPTED AND SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF YORKVILLE, SHALL BECOME A CONTRACT BINDING UPON BOTH PARTIES. Entire Block Must Be Completed When A Submitted Bid Is To Be Considered For Award PROPOSER: Date: Company Name Email Address Street Address of Company Contact Name (Print) City, State, Zip 24-Hour Telephone Business Phone Signature of Officer, Partner or Fax Sole Proprietor Print Name & Title ATTEST: If a Corporation Signature of Corporation Secretary CITY OF YORKVILLE or VILLAGE OF OSWEGO: ATTEST: Authorized Signature Signature of City/Village Clerk Title Date Date In compliance with the specifications, the above-signed offers and agrees, if this Proposal is accepted within 90 calendar days from the date of opening, to furnish any or all of the services upon which prices are quoted, at the price set opposite each item, delivered at the designated point within the time specified above. 34 United City of Yorkville and Village of Oswego VENDOR W-9 REQUEST FORM The law requires that we maintain accurate taxpayer identification numbers for all individuals and partnerships to whom we make payments,because we are required to report to the I.R.S. all payments of$600 or more annually. We also follow the I.R.S. recommendation that this information be maintained for all payees including corporations. Please complete the following substitute W-9 letter to assist us in meeting our I.R.S. reporting requirements.The information below will be used to determine whether we are required to send you a Form 1099. Please respond as soon as possible, as failure to do so will delay our payments. BUSINESS(PLEASE PRINT OR TYPE): NAME: ADDRESS CITY: STATE• ZIP: PHONE: FAX: TAX ID#(TIN): (If you are supplying a social security number, please give your full name) REMIT TO ADDRESS(IF DIFFERENT FROM ABOVE): NAME: ADDRESS: CITY: STATE: ZIP: TYPE OF ENTITY(CIRCLE ONE): •Individual -Sole Proprietor -Government Agency •LLP(Limited Liability Partnership) •LLC(Limited Liability Corporation) •Medical -Partnership -Charitable/Nonprofit •Incorporated -Other(Please describe) SIGNATURE: DATE: 35 United City of Yorkville and Village of Oswego PROPOSER'S CERTIFICATION (page I of 3) With regard to , proposer hereby certifies (Name of Project) (Name of Proposer) the following: 1. Proposer is not barred from bidding this contract as a result of violations of Section 720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33E-4 (Bid-Rotating); 2. Proposer certifies that it has a written sexual harassment policy in place and is in full compliance with 775 ILCS §12-105(A)(4); 3. Proposer certifies that not less than the prevailing rate of wages as determined by the City of Yorkville or Village of Oswego, Kendall County or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work for the respective municipality. All bonds shall include a provision as will guarantee the faithful performance of such prevailing wage clause. Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed. Proposer agrees to pay the prevailing wage and require that all of its subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. Proposer and each subcontractor shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be sent to the City and Village on a monthly basis along with the invoice and shall be open to inspection at all reasonable hours by any representative of the City, Village, or the Illinois Department of Labor and must be preserved for four(4) years following completion of the contract. Proposer certifies that proposer and any subcontractors working on the project are aware that filing false payroll records is a class B misdemeanor and that the monetary penalties for violations are to be paid pursuant to law by the proposer, contractor and subcontractor. The City and the Village shall not be liable for any underpayments. If applicable: Since this is a contract for a fixed public works project, as defined in 820 ILCS 130/2, Contractor agrees to post at the job site in an easily accessible place, the prevailing wages for each craft or type of worker or mechanic needed to execute the contract or work to be performed. 4. Proposer certifies that it is in full compliance with the Federal Highway Administrative Rules on Controlled Substances and Alcohol Use and Testing, 49 C. F.R. Parts 40 and 382 and that all employee drivers are currently participating in a drug and alcohol testing program pursuant to the Rules. 5. Proposer further certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue, or that Proposer is contesting its liability for the tax delinquency or the amount of a tax delinquency in accordance with the procedures established by the appropriate Revenue Act. Proposer further certifies that if it owes any tax payment(s)to the Department of Revenue, Proposer has entered into an agreement with the Department of 36 United City of Yorkville and Village of Oswego PROPOSER'S CERTIFICATION (page 2 of 3) Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the agreement. BY: Proposer's Authorized Agent FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number Subscribed and sworn to before me this day of , 20_. Notary Public) (Fill Out Applicable Paragraph Below) (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of which operates under the Legal name of and the full names of its Officers are as follows: President: Secretary: Treasurer: and it does have a corporate seal. (In the event that this bid is executed by other than the President, attach hereto a certified copy of that section of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offer for the corporation.) (b) Partnership Signatures and Addresses of All Members of Partnership: 37 United City of Yorkville and Village of Oswego PROPOSER'S CERTIFICATION (page 3 of 3) The partnership does business under the legal naive of: which name is registered with the office of in the state of (c) Sole Proprietor The Supplier is a Sole Proprietor whose full name is: and if operating under a trade name, said trade name is: which name is registered with the office of in the state of 5. Are you willing to comply with the City's and Village's preceding insurance requirements within 13 days of the award of the contract? Insurer's Name Agent Street Address City, State, Zip Code Telephone Number I/We affirm that the above certifications are true and accurate and that I/we have read and understand them. Print Name of Company: Print Name and Title of Authorizing Signature: Signature: Date: 38 United City of Yorkville and Village of Oswego APPENDIX 1 GENERAL PRICE QUOTATION SHEET See attached spreadsheet 39 United City of Yorkville and Village of Oswego APPENDIX 2 REQUIRED RECYCLABLE5 TO BE COLLECTED The City requires that the Contractor shall collect the following recyclable material for the entire term of the contract. Additionally, the Contractor is encouraged to identify additional items they will be collecting, not on the current list. Required Recyclable Materials • brown paper bags • corrugated cardboard • boxes and cartons • chipboard/paperboard (to include brown or gray box board or paperboard, cereal boxes, shoe boxes, &paper towel cores) • magazines and catalogues • mixed paper, glossy & non-glossy (to include stationary, notebook paper, post-it notes, computer paper, typing paper, flyers, greeting cards, file folders and all envelopes, with and without windows) • newspaper(including all supplements) • telephone books • wet strength carrier stock (to include paper board used for refrigerated and frozen items) • frozen food packages • aerosol cans • aluminum cans and foil • formed aluminum containers and wraps • aseptic packaging and gable top containers • formed steel containers • glass bottles and jars (brown, green, and clear) • plastic containers (colored or cloudy white HDPE milk,juice and/or water bottles, jars and jugs) • all plastic containers #1 through#5 and plastic containers #7 • LDPE and HDPE soft plastic six (6) and twelve (12)pack rings • steel cans • steel paint cans and lids • household batteries Other Recyclable Materials Proposed by Contractor LJ Ll 40 United City of Yorkville and Village of Oswego APPENDIX 3 SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum standards outlined in the specifications section of this document. (Please attach additional sheets if necessary.) Alternative/Deviation Section Paragraph Explanation of 41 United City of Yorkville and Village of Oswego APPENDIX 4 SCHEDULE OF ILLINOIS MUNICIPALITIES SERVED Please list municipal references. (Please attach additional sheets if necessary) Municipality Contact Name & Service Explanation of Collection and Telephone Number Dates Disposal Program 42 United City of Yorkville and Village of Oswego APPENDIX 5 LOCATION OF DISPOSAL FACILITIES Please provide below information concerning the facilities,which are intended to be used for the disposal of refuse, yard waste, and recyclable materials collected at the curbside. (Please attach additional sheets if necessary.) REFUSE Name of Facility Facility Address Disposal Limitations RECYCLING Name of Facility Facility Address Disposal Limitations YARD WASTE Name of Facility Facility Address Disposal Limitations 43 United City of Yorkville and Village of Oswego APPENDIX 6 CONTRACTOR QUALIFICATIONS Name of Business: Business Address: Mailing Address: Business Number: Emergency Number: Fax Number: Ownership: Individual Partnership Corporation Franchise or Parent Company(if applicable): List all Partners, Managers, and Corporate Officers: Name Title Residence Phone Days of Operation: Business Hours: Number of Employees: Supervisors: Drivers: Office Personnel: Signature: Date: 44 United City of Yorkville and Village of Oswego EXHIBIT A SOLID WASTE COLLECTION DAY MAP See attached 45 United City of Yorkville and Village of Oswego EXHIBIT B SERVICES FOR MUNICIPAL AND PUBLIC FACILITIES Location Service Type Size Frequency Yorkville Library Refuse 1-1.5 yd lx/wk 902 Game Farm Road Recycling 1-1.5 yd lx/wk Yorkville City Hall and Refuse 1-6 yd 2x/wk Police Department Recycling 1-2 yd cardboard 1 x/wk 800 Game Farm Road Recycling(paper) 6-96 gallon toters Ix/wk Yorkville Public Works Recycling 1-2 yd cardboard 1 x/wk 610 Tower Lane Refuse 1-20 yd open lx/wk Yorkville Parks and Refuse 1-20 yd open lx/wk Recreation Satellite Recycling 1-96 gallon toter 1x/wk Office at Old Post Office Recycling 1-1 yd cardboard lx/wk 201 W.Hydraulic Avenue Yorkville Parks and Refuse 1-1.5 yd lx/wk Recreation Riverfront Recycling 2-96 gallon toter lx/wk Administrative Building 301 E.Hydraulic Yorkville Parks and Refuse 1-1.5 yd lx/wk Recreation Riverfront Recycling 2-96 gallon toter lx/wk Program Building 131 E.Hydraulic Yorkville Beecher Center Refuse 1-4yd refuse 1 x/wk 908 Game Farm Road Recycle 1-2yd recycle 1 x/wk Yorkville REC Center Refuse 1-6 yd lx/wk 202 E Countryside Pkwy Recycle 1-6 yd lx/wk Oswego Public Works Refuse 1-5 yd 1 x/wk 100 Theodore Drive Recycle 1-5 yd 1 x/wk Landscape refuse 1-20 yd lx/wk Street sweeping refuse 1-20 yd lx/wk Oswego Police Refuse 1-5 yd 1 x/wk Department Recycle 1-5 yd 1 x/wk 3525 US Rt.34 Oswego Village Hall Refuse 1-5 yd lx/wk 100 Parkers Mill Recycle 1-5 yd lx/wk All City and Village Refuse 96 gal.toters, 33 gal. toters, 18 Rentals When Required gal.toters 30 yd open dumpster 46 United City of Yorkville and Village of Oswego (Exhibit B continued) The location of the facilities, the number of facilities, their bin/tote size, and pickup schedule are subject to change throughout the lift of the contract. The Contractor shall provide, at no cost to the City, the collection and disposal of all refuse, recycling, and yard waste, or more often if requested by the City. A comprehensive recycling program shall also be provided at no cost for the municipal facilities listed above (new or additional facilities may be added at any time during the Contract term). The Contractor shall be responsible for supplying all service equipment associated with totes and containers/dumpsters to said facilities as set forth in the Contract. 47 August 1,2012 to May 1,2013 to May 1,2014 to May 1,2015 to May 1,2016 April 1 2013 . 1 2014 . 1 2015 . 1 2016 • 1 2017 Plan Description 33 gal.tote: 33 gal.tote: 33 gal.tote: 33 gal.tote: 33 gal.tote: Yorkville Option A only 65 gal.tote: 65 gal.tote: 65 gal.tote: 65 gal.tote: 65 gal.tote: 96 gal.tote: 96 gal.tote: 96 gal.tote: 96 gal.tote: 96 gal.tote: 33 gal.tote: 33 gal.tote: 33 gal.tote: 33 gal.tote: 33 gal.tote: Yorkville Option B only 65 gal.tote: 65 gal.tote: 65 gal.tote: 65 gal.tote: 65 gal.tote: 96 gal.tote: 96 gal.tote: 96 gal.tote: 96 gal.tote: 96 gal.tote: Oswego Option A only Resident: Resident: Resident: N/A N/A N/A N/A 3 year term Senior: Senior: Senior: N/A N/A N/A N/A 2-33 gal.owner: 2-33 gal.owner: 2-33 gal.owner: N/A N/A N/A N/A Oswego Option B only 65 gal.contractor tote: 65 gal.contractor tote: 65 gal.contractor tote: N/A N/A N/A N/A 3 year term 2-33 gal.owner,senior: 2-33 gal.owner,senior: 2-33 gal.owner,senior: N/A N/A N/A N/A 65 gal.contractor tote,senior: 65 gal.contractor tote,senior: 65 gal.contractor tote,senior: N/A N/A N/A N/A 33 gal.tote: 33 gal.tote: 33 gal.tote: N/A N/A N/A N/A 65 gal.tote: 65 gal.tote: 65 gal.tote: N/A N/A N/A N/A Oswego Option C only 96 gal.tote: 96 gal.tote: 96 gal.tote: N/A N/A N/A N/A 3 year term 33 gal.tote,senior: 33 gal.tote,senior: 33 gal.tote,senior: N/A N/A N/A N/A 65 gal.tote,senior: 65 gal.tote,senior: 65 gal.tote,senior: N/A N/A N/A N/A 96 gal.tote,senior: 96 gal.tote,senior: 96 gal.tote,senior: N/A N/A N/A N/A Oswego Option A only Resident: Resident: Resident: Resident: Resident: 5 year term Senior resident: Senior resident: Senior resident: Senior resident: Senior resident: 2-33 gal.owner: 2-33 gal.owner: 2-33 gal.owner: 2-33 gal.owner: 2-33 gal.owner: Oswego Option B only 65 gal.contractor tote: 65 gal.contractor tote: 65 gal.contractor tote: 65 gal.contractor tote: 65 gal.contractor tote: 5 year term 2-33 gal.owner,senior: 2-33 gal.owner,senior: 2-33 gal.owner,senior: 2-33 gal.owner,senior: 2-33 gal.owner,senior: 65 gal.contractor tote,senior: 65 gal.contractor tote,senior: 65 gal.contractor tote,senior: 65 gal.contractor tote,senior: 65 gal.contractor tote,senior: 33 gal.tote: 33 gal.tote: 33 gal.tote: 33 gal.tote: 33 gal.tote: 65 gal.tote: 65 gal.tote: 65 gal.tote: 65 gal.tote: 65 gal.tote: Oswego Option C only 96 gal.tote: 96 gal.tote: 96 gal.tote: 96 gal.tote: 96 gal.tote: 5 year term 33 gal.tote,senior: 33 gal.tote,senior: 33 gal.tote,senior: 33 gal.tote,senior: 33 gal.tote,senior: 65 gal.tote,senior: 65 gal.tote,senior: 65 gal.tote,senior: 65 gal.tote,senior: 65 gal.tote,senior: 96 gal.tote,senior: 96 gal.tote,senior: 96 gal.tote,senior: 96 gal.tote,senior: 96 gal.tote,senior: August 1,2012 to May 1,2013 to May 1,2014 to May 1,2015 to May 1,2016 April 1 2013 • 1 2014 . 1 2015 • 1 2016 • 1 2017 Joint programs(same hauler) York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: Yorkville Option A(5-year)and York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: Oswego Option A,3-year York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: Osw resident: Osw resident: Osw resident: N/A N/A N/A N/A Osw senior: Osw senior: Osw senior: N/A N/A N/A N/A York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: Yorkville Option A(5-year)and York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: Oswego Option B,3-year Osw 2-33 gal.owner: Osw 2-33 gal.owner: Osw 2-33 gal.owner: N/A N/A N/A N/A Osw 65 gal.contractor tote: Osw 65 gal.contractor tote: Osw 65 gal.contractor tote: N/A N/A N/A N/A Osw 2-33 gal.owner,senior: Osw 2-33 gal.owner,senior: Osw 2-33 gal.owner,senior: N/A N/A N/A N/A Osw 65 gal.cont.tote,senior: Osw 65 gal.cont.tote,senior: Osw 65 gal.cont.tote,senior: N/A N/A N/A N/A York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: Yorkville Option A(5-year)and Osw 33 gal.tote: Osw 33 gal.tote: Osw 33 gal.tote: N/A N/A N/A N/A Oswego Option C,3-year Osw 65 gal.tote: Osw 65 gal.tote: Osw 65 gal.tote: N/A N/A N/A N/A Osw 96 gal.tote: Osw 96 gal.tote: Osw 96 gal.tote: N/A N/A N/A N/A Osw 33 gal.tote,senior: Osw 33 gal.tote,senior: Osw 33 gal.tote,senior: N/A N/A N/A N/A Osw 65 gal.tote:,senior Osw 65 gal.tote:,senior Osw 65 gal.tote:,senior N/A N/A N/A N/A Osw 96 gal.tote,senior: Osw 96 gal.tote,senior: Osw 96 gal.tote,senior: N/A N/A N/A N/A York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: Yorkville Option B(5-year)and York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: Oswego Option A,3-year York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: Osw resident: Osw resident: Osw resident: N/A N/A N/A N/A Osw senior: Osw senior: Osw senior: N/A N/A N/A N/A York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: Yorkville Option B(5-year)and York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: Oswego Option B,3-year Osw 2-33 gal.owner: Osw 2-33 gal.owner: Osw 2-33 gal.owner: N/A N/A N/A N/A Osw 65 gal.contractor tote: Osw 65 gal.contractor tote: Osw 65 gal.contractor tote: N/A N/A N/A N/A Osw 2-33 gal.owner,senior: Osw 2-33 gal.owner,senior: Osw 2-33 gal.owner,senior: N/A N/A N/A N/A Osw 65 gal.cont.tote,senior: Osw 65 gal.cont.tote,senior: Osw 65 gal.cont.tote,senior: N/A N/A N/A N/A York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: Yorkville Option B(5-year)and Osw 33 gal.tote: Osw 33 gal.tote: Osw 33 gal.tote: N/A N/A N/A N/A Oswego Option C,3-year Osw 65 gal.tote: Osw 65 gal.tote: Osw 65 gal.tote: N/A N/A N/A N/A Osw 96 gal.tote: Osw 96 gal.tote: Osw 96 gal.tote: N/A N/A N/A N/A Osw 33 gal.tote,senior: Osw 33 gal.tote,senior: Osw 33 gal.tote,senior: N/A N/A N/A N/A Osw 65 gal.tote:,senior Osw 65 gal.tote:,senior Osw 65 gal.tote:,senior N/A N/A N/A N/A Osw 96 gal.tote,senior: Osw 96 gal.tote,senior: Osw 96 gal.tote,senior: N/A N/A N/A N/A August 1,2012 to May 1,2013 to May 1,2014 to May 1,2015 to May 1,2016 April 1 2013 . 1 2014 . 1 2015 . 1 2016 • 1 2017 York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: Yorkville Option A(5-year)and York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: Oswego Option A,5-year York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: Osw resident: Osw resident: Osw resident: Osw resident: Osw resident: Osw senior: Osw senior: Osw senior: Osw senior: Osw senior: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: Yorkville Option A(5-year)and York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: Oswego Option B,5-year Osw 2-33 gal.owner: Osw 2-33 gal.owner: Osw 2-33 gal.owner: Osw 2-33 gal.owner: Osw 2-33 gal.owner: Osw 65 gal.contractor tote: Osw 65 gal.contractor tote: Osw 65 gal.contractor tote: Osw 65 gal.contractor tote: Osw 65 gal.contractor tote: Osw 2-33 gal. owner,senior: Osw 2-33 gal.owner,senior: Osw 2-33 gal.owner,senior: Osw 2-33 gal.owner,senior: Osw 2-33 gal.owner,senior: Osw 65 gal.cont.tote,senior: Osw 65 gal.cont.tote,senior: Osw 65 gal.cont.tote,senior: Osw 65 gal.cont.tote,senior: Osw 65 gal.cont.tote,senior: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: Yorkville Option A(5-year)and Osw 33 gal.tote: Osw 33 gal.tote: Osw 33 gal.tote: Osw 33 gal.tote: Osw 33 gal.tote: Oswego Option C,5-year Osw 65 gal.tote: Osw 65 gal.tote: Osw 65 gal.tote: Osw 65 gal.tote: Osw 65 gal.tote: Osw 96 gal.tote: Osw 96 gal.tote: Osw 96 gal.tote: Osw 96 gal.tote: Osw 96 gal.tote: Osw 33 gal.tote,senior: Osw 33 gal.tote,senior: Osw 33 gal.tote,senior: Osw 33 gal.tote,senior: Osw 33 gal.tote,senior: Osw 65 gal.tote:,senior Osw 65 gal.tote:,senior Osw 65 gal.tote:,senior Osw 65 gal.tote:,senior Osw 65 gal.tote:,senior Osw 96 gal.tote,senior: Osw 96 gal.tote,senior: Osw 96 gal.tote,senior: Osw 96 gal.tote,senior: Osw 96 gal.tote,senior: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: Yorkville Option B(5-year)and York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: Oswego Option A,5-year York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: Osw resident: Osw resident: Osw resident: Osw resident: Osw resident: Osw senior: Osw senior: Osw senior: Osw senior: Osw senior: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: Yorkville Option B(5-year)and York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: Oswego Option B,5-year Osw 2-33 gal.owner: Osw 2-33 gal.owner: Osw 2-33 gal.owner: Osw 2-33 gal.owner: Osw 2-33 gal.owner: Osw 65 gal.contractor tote: Osw 65 gal.contractor tote: Osw 65 gal.contractor tote: Osw 65 gal.contractor tote: Osw 65 gal.contractor tote: Osw 2-33 gal.owner,senior: Osw 2-33 gal.owner,senior: Osw 2-33 gal. owner,senior: Osw 2-33 gal.owner,senior: Osw 2-33 gal.owner,senior: Osw 65 gal.cont.tote,senior: Osw 65 gal.cont.tote,senior: Osw 65 gal.cont.tote,senior: Osw 65 gal.cont.tote,senior: Osw 65 gal.cont.tote,senior: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 33 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 65 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: York 96 gal.tote: Yorkville Option B(5-year)and Osw 33 gal.tote: Osw 33 gal.tote: Osw 33 gal.tote: Osw 33 gal.tote: Osw 33 gal.tote: Oswego Option C,5-year Osw 65 gal.tote: Osw 65 gal.tote: Osw 65 gal.tote: Osw 65 gal.tote: Osw 65 gal.tote: Osw 96 gal.tote: Osw 96 gal.tote: Osw 96 gal.tote: Osw 96 gal.tote: Osw 96 gal.tote: Osw 33 gal.tote,senior: Osw 33 gal.tote,senior: Osw 33 gal.tote,senior: Osw 33 gal.tote,senior: Osw 33 gal.tote,senior: Osw 65 gal.tote:,senior Osw 65 gal.tote:,senior Osw 65 gal.tote:,senior Osw 65 gal.tote:,senior Osw 65 gal.tote:,senior Osw 96 gal.tote,senior: Osw 96 gal.tote,senior: Osw 96 gal.tote,senior: Osw 96 gal.tote,senior: Osw 96 gal.tote,senior: REQUEST FOR PROPOSAL Name of Proposing Company: Project Name: Yorkville-Oswego Solid Waste Collection Services Proposal No.: Proposal Due: DATE & 3:30 pm FOUR WEEK WINDOW) Proposal Opening: DATE n, 3:31 p.m. Required of All Proposers: Deposit: Two (2) $5,000.00 deposits ,one for each municipality) Letter of Capability of Acquiring Performance Bond: Not Required Required of Awarded Contractor: Performance Bond/Letter of Credit: Two 2) $500,000.00 (one for each municipality) Certificate of Insurance: Required Legal Advertisement Published: DATE AT BEGINNING OF WINDOW Date Issued: DEADLINE MINUS FOUR WEEKS This document consists of 454 pages. Return original and two duplicate copies of proposal along with one compact disc with proposal information contained on it in a *.doc (Microsoft Word) or *.pdf(Abode Acrobat) version in a sealed envelope marked with the Proposal Number as noted above to: BART OLSON CITY ADMINISTRATOR UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, IL 60560 PHONE: 630-553-4350 FAX: 630-553-7575 www.yorkville.il.us 1 The UNITED CITY OF YORKVILLE will receive proposals Monday thru Friday, 8:00 A.M. to 4:30 P.M. at City Hall, 800 Game Farm Road, Yorkville, IL 60560. SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE. Either the Yorkville City Council or the Oswego Village Board reserves the right to accept or reject any and all proposals, to waive technicalities and to accept or reject any item of any proposal. The documents constituting component parts of this contract are the following: I. REQUEST FOR PROPOSALS II. TERMS & CONDITIONS III. DETAILED SPECIFICATIONS IV. PROPOSAL/CONTRACT FORM DO NOT DETACH ANY PORTION OF THIS DOCUMENT. INVALIDATION COULD RESULT, Proposers MUST submit an original, 2 additional paper copies and one compact disc of the total proposal. Upon formal award of the proposal, the successful Proposer will receive a copy of the executed contract. 2 I. REQUEST FOR PROPOSALS 1. GENERAL 1.1 Notice is hereby given that United City of Yorkville will receive sealed proposals up to DATE at 3:30 p.m. 1.2 Proposals will be opened and read aloud in the City Council Chambers at Yorkville City Hall, 800 Game Farm Road, on DATE at 3:31 p.m. 1.2 Proposals must be received at the United City of Yorkville by the time and date specified. Proposals received after the specified time and date will not be accepted and will be returned unopened to the Proposer. 1.3 Proposal forms shall be sent to the United City of Yorkville, ATTN: Bart Olson, in a sealed envelope marked "SEALED PROPOSAL". The envelope shall be marked with the name of the project, date, and time set for receipt of proposals. 1.4 All proposals must be submitted on the forms supplied by the City and signed by a proper official of the company submitting proposal. Telephone, email and fax proposals will not be accepted. 1.5 By submitting this proposal, the proposer certifies under penalty of perjury that they have not acted in collusion with any other proposer or potential Proposer. 1.6 For purposes of this RFP, all references to the "City" shall mean the United City of Yorkville, and all references to the "Village" shall mean the Village of Oswego. 2. PREPARATION OF PROPOSAL 2.1 It is the responsibility of the proposer to carefully examine the specifications and proposal documents and to be familiar with all of the requirements, stipulations,provisions, and conditions surrounding the proposed services. 2.2 No oral or telephone interpretations of specifications shall be binding upon the City or the Village. All requests for interpretations or clarifications shall be made in writing and received by the City of Yorkville at least five (5) business days prior to the date set for receipt of proposals. All changes or interpretations of the specifications shall be made by the City of Yorkville in a written addendum to our proposer's of record. 2.3 In case of error in the extension of prices in the proposal, the hourly rate or unit price will govern. In case of discrepancy in the price between the written and numerical amounts, the written amount will govern. 2.4 All costs incurred in the preparation, submission, and/or presentation of any proposal including any proposer's travel or personal expenses shall be the sole responsibility of the proposer and will not be reimbursed by the City nor the Village. 2.5 The proposer hereby affirms and states that the prices quoted herein constitute the total cost to the City and Village for all work involved in the respective items and that this cost 3 also includes all insurance, royalties, transportation charges, use of all tools and equipment, superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the Contract Documents considered severally and collectively. 3. MODIFICATION OR WITHDRAWAL OF PROPOSALS 3.1 A Proposal that is in the possession of the City may be altered by a letter bearing the signature or name of person authorized for submitting a proposal,provided that it is received prior to the time and date set for the bid opening. Telephone, email or verbal alterations of a proposal will not be accepted. 3.2 A Proposal that is in the possession of the City may be withdrawn by the proposer, up to the time set for the proposal opening, by a letter bearing the signature or name of person authorized for submitting proposals. Proposals may not be withdrawn after the proposal opening and shall remain valid for a period of ninety(90) days from the date set for the proposal opening,unless otherwise specified. 4. SECURITY FOR PERFORMANCE 4.1 The awarded contractor, within thirteen (13) calendar days after acceptance of the proposer's proposal by the City or the Village, shall furnish security for performance acceptable to the respective municipality Qty-when required under the documents. Such security shall be either a satisfactory performance bond(bonding company must be licensed to do business in Illinois) or a letter of credit on the form provided by the municipalityCity and available from the municipality's 0ty�-,attorney. NOTE: As evidence of capability to provide such security for performance, each proposer shall submit with the proposal either a letter executed by its surety company indicating the proposer's performance bonding capability, or a letter from a bank or savings and loan within twenty-five miles of the corporate boundaries of the City or Village indicating its willingness and intent to provide a letter of credit for the proposer. 5. DELIVERY 5.1 All proposal prices are to be quoted, and delivered F-.O-.B-.to the City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560. 6. TAX EXEMPTION 6.1 The City and the Village is exempt from Illinois sales or use tax for direct purchases of materials and supplies. A copy of the Illinois Sales Tax Exemption Form will be issued upon request. 9ttr-F€ederal identifications will also be provided to selected vendor. 7. RESERVED RIGHTS 7.1 Each municipality retains autonomy in decision making for this RFP, and each The-" y of Ye-kyill reserves the exclusive right to waive sections, technicalities, irregularities and informalities and to accept or reject any and all proposals and to disapprove of any and all subcontractors as may be in the best interest of either munici alit . Time and date requirements for receipt of proposal will not be waived. 4 II. TERMS AND CONDITIONS 8. MUNICIPAL CITYORDINANCES 8.1 The successful proposer will strictly comply with all ordinances of the awarding municipality and laws of the State of Illinois. 9 USE OF MUNICIPALS NAME 9.1 The proposer is specifically denied the right of using in any form or medium the name of the City or the Village for public advertising unless express permission is granted by the respective municipalilyCity. 10. INDEMNITY AND HOLD HARMLESS AGREEMENT 10.1 To the fullest extent permitted by law, the Proposer shall indemnify, keep and save harmless the City and Village and its agents, officers, and employees, against all injuries, deaths, losses, damages, claims, suits, liabilities,judgments, costs and expenses, which may arise directly or indirectly from any negligence or from the reckless or willful misconduct of the Proposer, its employees, or its subcontractors, and the Proposer, its employees, or its subcontractors, and the Proposer shall at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City and Village in any such action, the Proposer shall, at its own expense, satisfy and discharge the same. This Agreement shall not be construed as requiring the Proposer to indemnify the City and Village-for its own negligence. The Proposer shall indemnify, keep and save harmless the City and Village only where a loss was caused by the negligent, willful or reckless acts or omissions of the Proposer, its employees, or its Subcontractors. 11. NONDISCRIMINATION 11.1 Proposer shall, as a party to a public contract: (a) Refrain from unlawful discrimination in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination; (b) By submission of this proposal, the Proposer certifies that he is an "equal opportunity employer" as defined by Section 2000(e) of Chapter 21, Title 42, U.S. Code Annotated and Executive Orders #11246 and#11375, which are incorporated herein by reference. The Equal Opportunity clause, Section 6.1 of the Rules and Regulations of the Department of Human Rights of the State of Illinois, is a material part of any contract awarded on the basis of this proposal. 5 11.2 It is unlawful to discriminate on the basis of race, color, sex, national origin, ancestry, age, marital status, sexual orientation, physical or mental handicap or unfavorable discharge for military service. Proposer shall comply with standards set forth in Title VII of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000 et seq., The Human Rights Act of the State of Illinois, 775 ILCS 511-101et. seq., and The Americans With Disabilities Act, 42 U.S.C. Secs. 12101 et. seq. 12. SEXUAL HARASSMENT POLICY 12.1 The proposer, as a party to a public contract, shall have a written sexual harassment policy that: 12.1.1 Notes the illegality of sexual harassment; 12.1.2 Sets forth the State law definition of sexual harassment; 12.1.3 Describes sexual harassment utilizing examples; 12.1.4 Describes the Proposer's internal complaint process including penalties; 12.1.5 Describes the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and how to contact these entities; and 12.1.6 Describes the protection against retaliation afforded under the Illinois Human Rights Act. 13. EQUAL EMPLOYMENT OPPORTUNITY 13.1 In the event of the Proposer's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), the Proposer may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the Proposer agrees as follows: 13.1.1 That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, sexual orientation, sexual identity or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 13.1.2 That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability(in accordance with the Department's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 13.1.3 That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without 6 discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age,physical or mental handicap unrelated to ability, or an unfavorable discharge from military services. 13.1.4 That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Proposer's obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Proposer in its efforts to comply with such Act and Rules and Regulations, the Proposer will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 13.1.5 That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. 13.1.6 That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purpose of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 13.1.7 That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the Proposer will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the Proposer will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivision or municipal corporations. 14. DRUG FREE WORK PLACE 14.1 Proposer, as a party to a public contract, certifies and agrees that it will provide a drug free workplace by: 14.2 Publishing a statement: (1)Notifying employees that the unlawful manufacture, distribution, dispensation,possession or use of a controlled substance, including cannabis, is prohibited in the City's, Village's, ands proposer's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3)Notifying the employee that, as a condition of employment on such contact or grant, the employee will: (A) abide by the terms of the statement; and(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 7 14.3 Establishing a drug free awareness program to inform employees about: (1)the dangers of drug abuse in the workplace; (2) the City's, Village's or proposer's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations. 14.4 Providing a copy of the statement required above to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. 14.5 Notifying the contracting or granting agency within ten (10) days after receiving notice of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction from an employee or otherwise receiving actual notice of such conviction. 14.6 Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. 14.7 Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. 14.8 Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 15. PREVAILING WAGE ACT 15.1 Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed under this contract. Proposer agrees to pay the prevailing wage and require that all of its subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. 15.2 Proposer and each subcontractor shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be open to inspection at all reasonable hours by any representative of the City, Village, or the Illinois Department of labor and must be preserved for four(4)years following completion of the contract. 16. INSURANCE REQUIREMENTS[soi] — 16.1 Prior to the beginning of the contract period, Contractor and any Subcontractors shall procure, maintain and pay for such insurance as will protect against claims for bodily injury of death, or for damage to property, including loss of use, which may arise out of operations by the Contractor or Subcontractor or any Sub-Sub Contractor or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below for each municipality or any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law unless otherwise agreed to by the City or Villag_e.y. 8 (All amounts listed are per municipality) Workers Compensation $500,000 Statutory Employers Liability $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Disease Each Employee Comprehensive General Liability $2,000,000 Each Occurrence $2,000,000 Aggregate (Applicable on a Per Projeet Basis) Commercial Automobile $1,000,000 Each Accident Liability Umbrella Liability $ 5,000,000 16.2 Commercial General Liability Insurance required under this paragraph shall be written on an occurrence form and shall include coverage for Products/Completed Operations, Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket Contractual Liability insurance applicable to defense and indemnity obligations and other contractual indemnity assumed under the Contract Documents." 16.3 Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned, hired and non-owned automobiles. 16.4 Workers Compensation coverage shall include a waiver of subrogation against the City and the Village. 16.5 Comprehensive General Liability, Employers Liability and Commercial Automobile Liability Insurance may be arranged under single policies for full minimum limits required, or by a combination of underlying policies with the balance provided by Umbrella and/or Excess Liability policies. 16.6 Contractor and all Subcontractors shall have their respective Comprehensive General Liability(including products/completed operations coverage), Employers Liability, Commercial Automobile Liability, and Umbrella/Excess Liability policies endorsed to add the "Village of Oswego and City of Yorkville, theirits officers, officials, employees and volunteers" as "additional insureds"with respect to liability arising out of operations performed; claims for bodily injury or death brought against City or Village by any Contractor of Subcontractor employees, or the employees of Subcontractor's subcontractors of any tier, however caused, related to the performance of operations under the Contract Documents. Such insurance afforded to the City and Village shall be endorsed to provide that the insurance provided under each policy shall be Primary and Non-Contributory. 9 16.7 Contractor and all Subcontractors shall maintain in effect all insurance coverages required by the Contract Documents at their sole expense and with insurance carriers licensed to do business in the State of Illinois and having a current A. M. Best rating of no less than A-VIII. In the event that the Contractor or any Subcontractor fails to procure or maintain any insured required by the Contract Documents, the City or Village may at its option, purchase such coverage and deduct the cost thereof from any monies due to the Contractor or Subcontractor, or withhold funds in an amount sufficient to protect the City or Village, or terminate this Agreement pursuant to its terms. 16.8 All insurance policies shall contain a provision that coverages and limits afforded hereunder shall not be canceled, materially changed, non-renewed or restrictive modifications added, without thirty(30) days prior written notice to the City and Village. Renewal certificates shall be provided to the City and Village not less than five (5)prior to the expiration date of any of the required policies. All Certificates of Insurance shall be in a form acceptable to City and Village and shall provide satisfactory evidence of compliance with all insurance requirements. The City and the Village shall not be obligated to review such certificates or other evidence of insurance, or to advise Contractor or Subcontractor of any deficiencies in such documents, and receipt thereof shall not relieve the Contractor or Subcontractor from, nor be deemed a waiver the right to enforce the terms of the obligations hereunder. The City or the Village-shall have the right to examine any policy required and evidenced on the Certificate of Insurance. 17. COPYRIGHT/PATENT INFRINGEMENT 17.1 The Proposer agrees to indemnify, defend, and hold harmless the City and Village against any suit, claim, or proceeding brought against the City or Village for alleged use of any equipment, systems, or services provided by the Proposer that constitutes a misuse of any proprietary or trade secret information or an infringement of any patent or copyright. 18. COMPLIANCE WITH OSHA STANDARDS 18.1 Equipment supplied to the City and/or Village must comply with all requirements and standards as specified by the Occupational Safety and Health Act. All guards and protectors as well as appropriate markings will be in place before delivery. Items not meeting any OSHA specifications will be refused. 19. CERCLA INDEMNIFICATION 19.1 In the event this is a contract that has environment aspects, the Awarded Proposer shall, to the maximum extent permitted by law, indemnify, defend, and hold harmless the City and Village, theirits officers, employees, agents, and attorneys from and against any and all liability, including without limitation, costs of response, removal, remediation, investigation,property damage, personal injury, damage to natural resources, health assessments, health settlements, attorneys' fees, and other related transaction costs arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, 42 U.S.C.A. Sec. 9601, et seq., as amended, and all other applicable statutes,regulations, ordinances, and under common law for any release or threatened release of the waste material collected by the Awarded Proposer, both before and after its disposal. 20. SUBLETTING OF CONTRACT 20.1 No contract awarded by the City shall be assigned or any part sub-contracted without the 10 written consent of the City Administrator or the Village Administrator. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 22. TERMINATION OF CONTRACT 22.1 The City or the Village reserves the right to terminate the whole or any part of this contract, upon ten (10) days' written notice to the Awarded Proposer, in the event of default by the Awarded Proposer. Default is defined as failure of the Awarded Proposer to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event that the Awarded Proposer fails to cure the default upon notice, and the City and/or the Village declares default and termination, the City and/or the Village may procure,upon such terms and in such manner as the City or Village may deem appropriate, supplies or services similar to those so terminated. The Awarded Proposer shall be liable for any excess costs for such similar supplies or services unless acceptable evidence is submitted to the City or Village that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Awarded Proposer. Any such excess costs incurred by the City or Village may be set-off against any monies due and owing by the City or the Village, respectively, to the Awarded Proposer. 23. BILLING & PAYMENT PROCEDURES 23.1 Separate invoices shall be sent to each municipality, for each municipality's customers. Payment will be made by each municipality_upon receipt of an invoice. Once an invoice has been verified, the invoice will be processed for payment in accordance with the municipality's Git�-payment schedule,policy and procedures. 23.2 The City and Village shall review in a timely manner each bill or invoice after its receipt. If the City determines that the bill or invoice contains a defect making it unable to process the payment request, the City shall notify the Proposer requesting payment as soon as possible after discovering the defect pursuant to rules promulgated under 50 ILCS 50511 et seq. The notice shall identify the defect and any additional information necessary to correct the defect. 23.3 Please send all invoices for the City to the attention of City of Yorkville, Accounts Payable, 800 Game Farm Road, Yorkville, IL 60560, and all invoices for the Village to Village of Oswego, Accounts Receivable, 100 Parkers Mill, Oswego, IL 60543. 24. RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY/VILLAGE 24.1 The relationship between the City/Village and the Proposer is that of a buyer and seller of professional services and it is understood that the parties have not entered into any joint venture or partnership with the other. 25. STANDARD OF CARE 25.1. Services performed by Proposer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representations express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinions, and documents or otherwise. 11 25.2 If the Proposer fails to meet the foregoing standard, Proposer will perform at its own cost, and without reimbursement from the City and the Village, the professional services necessary to correct errors and omissions caused by Proposer's failure to comply with the above standard and reported to Proposer within one (1) year from the completion of Proposer's services for the Project. 26. GOVERNING LAW 26.1 This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard for the conflict of laws provisions. Venue is proper only in the County of Kendall and the Northern District of Illinois. 27. SUCCESSORS AND ASSIGNS 27.1 The terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided, however, that neither party will assign this Agreement in whole or in part without the prior written approval of the other. The Proposer will provide a list of key staff, titles, responsibilities, and contact information to include all expected sub Proposers. 28. WAIVER OF CONTRACT BREACH 28.1 The waiver by one party of any breach of this Agreement or the failure of one parry to enforce at any time, or for any period of time, any of the provisions hereof will be limited to the particular instance and will not operate or be deemed to waive any future breaches of this Agreement and will not be construed to be a waiver of any provision except for the particular instance. 29. AMENDMENT 29.1 This Agreement will not be subject to amendment unless made in writing and signed by all parties. 30. CHANGE ORDERS 30.1 The contract price is a"not-to-exceed" cost. At any time additional work is necessary or requested, and the not-to-exceed price is increased thereby, any change, addition or price increase must be agreed to in writing by all parties. The appropriate authorizing signature for the City is the City Administrator and for the Village is the Village Administrator. 31. SEVERABILITY OF INVALID PROVISIONS 31.1 If any provisions of this Agreement are held to contravene or be invalid under the laws of any state, country or jurisdiction, contravention will not invalidate the entire Agreement, but it will be construed as if not containing the invalid provision and the rights or obligations of the parties will be construed and enforced accordingly. 32. NOTICE 32.1 Any notice will be in writing and will be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party at the party's place of business. Notices shall be addressed to the City and Village as follows: To City: City Administrator 12 City of Yorkville 800 Game Farm Road. Yorkville, IL 60560 To Village: Village Administrator Village of Oswego 100 Parkers Mill Oswego, IL 60543 And to the Proposer as designated in the Contract Form. III. DETAILED SPECIFICATIONS 33. DEFINITIONS 33.1 For the purpose of the Contract, definitions of certain terms are listed below. Certain words or phrases, when used in the Contract shall have the same meaning given to them in this section. Other terms shall be defined within applicable subsections and appendices. subsections. Attached Single-Family Dwelling (Group, Row, Townhouse)A building originally designed and constructed to accommodate two (2) or more dwelling units, with dwelling units joined together by party wall or walls and being not more than two (2) stories in height. Each unit shall have its own ground floor entrance and living space. Biodegradable shall mean chemically structured material that decomposes rapidly primarily through the action of living soil-borne microorganisms (bacteria, fungi, and actinomycetes) or macro-organisms (crickets, slugs, snowbugs, millipedes, etc.). Brown Kraft 2-Ply Paper Bags shall mean a two-layer brown product container comprised of kraft paper most often used to contain groceries. Chipboard shall mean a single-layer cardboard used for packaging cereal, crackers, tissues, and other similar products. Compost(ing) shall mean the process by which aerobic microorganisms decompose organic matter into a humus-like product. Contract shall mean the agreement created by and consisting of the Contract Documents. Contract Documents shall include the Request for Proposals, Terms and Conditions, Detail Specifications and the Proposal/Contract Form. Contractor shall mean the firm with which the City and/or Village-has executed the Contract for Solid Waste Collection and Disposal Services Corrugated Cardboard shall mean a sturdy paper product commonly used as a 13 packaging consisting of two paper grades—a wavy inner portion and an outside liner. Curbside shall mean adjacent to the street pavement, alley pavement and gutter and within five feet thereof. Customer shall mean the resident party, property owner of a dwelling unit in Yorkville or Oswego corporate boundaries participating in the scavenger collection service. Day shall mean Calendar Day unless otherwise stated. Detached Dwelling A single-family dwelling entirely surrounded by open space. Disposal Unit shall have different meanings as follows: For the purposes of refuse collection, a"disposal unit" shall mean one (1) 64-gallon, 33-gallon, or 96-gallon tote or one (1)water-tight metal, or plastic reusable waste container, no larger than thirty-two (32) or thirty-three (33) gallons in capacity, containing refuse, yard-waste or household construction and demolition debris as herein defined; or a securely tied, bundle of refuse or debris which is not placed in a container that does not exceed three (3) feet in diameter, six (6) feet in length, and fifty(50)pounds in weight, or one (1) single miscellaneous or odd-shaped item of refuse or debris that does not exceed fifty(50) pounds in weight. A large household item, as herein defined, is to be considered a disposal unit. Household construction and demolition debris, as is herein defined, is to be considered a disposal unit. For the purpose of yard-waste collection, a"disposal unit" shall mean a biodegradable two-ply fifty(50)pound wet-strength kraft paper bag designed for yard-waste collection, not to exceed thirty-three (33) gallons in capacity and fifty(50) pounds in weight, containing"yard-waste" as herein defined, or securely tied, bundles of brush or branches using biodegradable cord, string, rope or twine that does not exceed fifty(50)pounds in weight, two (2) feet in diameter, and four(4) feet in length and is manageable by one (1)person. For purpose of recycling collection, a"disposal unit" shall mean one (1) 64 gallon, 33 gallon, or 96 gallon tote. Envelope shall mean a flat, folded paper container for a letter or smaller object. Frozen Food Packages shall mean paperboard containers with special coatings to prevent tearing of the packages or smearing of the ink from moisture when refrigerated or frozen. Garbage or Rubbish shall mean discarded materials resulting from the handling, cooking, spoilage, and leftovers of food, discarded food or food residues, and paper necessarily used for wrapping same, and all types and kinds of waste materials from housekeeping activities, including, but not limited to ashes, metal cans bottles, books, glass,plastic, newspapers, boxes, cartons, and small amounts of earth, rock or sod, small automobile parts and building materials waste from residential type do-it-yourself projects provided that all such materials are of a size sufficiently small to permit being placed in an approved refuse container, except those items which are banned from direct disposal into a landfill. HDPE shall mean high-density polyethylene. 14 Household Construction and Demolition Debris shall mean waste materials from interior and exterior household construction, remodeling and repair projects, including but not limited to: drywall, plywood and paneling pieces, lumber and other building materials; windows and doors, cabinets, carpeting, disassembled bathroom and kitchen fixtures; and small amounts of sod, earth, clay, sand, concrete, rocks and similar materials. Such debris shall conform to the following: loose small items shall be placed in suitable disposable containers not exceeding fifty(50)pounds in weight, or in bundles not exceeding two (2) feet in diameter, four(4) feet in length, and fifty(50)pounds in weight. Household Garbage shall mean garbage and rubbish as collected from the residents of the City of Yorkville or the Village of Oswego currently receiving curbside scavenger service or on-site dumpster service. Household Garbage—Large Items shall mean any items set forth under"Garbage and Rubbish" above if such item is too large to fit in an approved Disposal Unit including, but not limited to boxes, barrels, crates, furniture, refrigerators, carpets, mattresses,box springs, hot water heaters, stoves and other household appliances, except those items which are banned from direct disposal into a landfill. Household Garbage—Large Items shall not include waste from manufacturing processes, construction materials, broken concrete, lumber, large rocks, automobile parts other than tires or dangerous substances which may create a danger to the health, safety, comfort or welfare of the residents of the City of Yorkville or the Village of Oswego or items which are banned from direct disposal into a landfill. Industrial Wastes shall mean any and all debris and waste products generated by canning, manufacturing, food processing, restaurant, land clearing, building construction or alteration and public works type construction projects whether performed by a governmental unit or by Contract. Juice Boxes shall mean aseptic cartons consisting of a high-grade paperboard coated with polyethylene plastic and aluminum foil, excluding milk cartons. Junk Mail shall mean brochures, advertisements, flyers,post cards, greeting cards, window envelopes, and other similar correspondence. Landscape Waste (also referred to as Yard-waste) shall mean hard landscape waste and soft landscape waste. Large Household Item—Yorkville definition only(also known as "Bulk Item"), shall mean any discarded and unwanted large household appliance such as freezers, stoves, trash compactors, washers, dryers, dishwasher, humidifiers, dehumidifiers, microwaves, water softeners, televisions,pianos, organs, tables, chairs, mattresses,box springs, bookcases, sofas and similar furniture. All "white goods" including those containing CFC's (chlorofluorocarbons), shall fit into this definition. White goods containing switches containing mercury, and PCB's (polychlorinated biphenyls) shall not fit into this definition. 15 Large Household Item—Oswego definition only(also known as "Bulk Item"), shall mean any discarded and unwanted pianos, organs, tables, chairs, mattresses, box springs, bookcases, sofas and similar furniture. White goods and other electronic appliances are specifically excluded from Oswego's definition of"bulk items". LDPE shall mean low density polyethylene. Magazines shall mean periodical publications, usually glue bound. Mixed Papers shall mean stationary, various office papers such as; computer paper, xerox paper, note paper, letterhead, and other similar papers. Multiple-Family Dwelling A dwelling containing three (3) or more dwelling units, with one or both of the following: (a) More than one (1) dwelling unit connecting to a common corridor or entrance-way; or, (b) Dwelling unit vertically connected to neighboring dwelling units through shared floors and ceilings. PET shall mean polyethylene terephthalate. Performance Bond shall mean the form of security approved by the City or the Village and furnished by the Contractor as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract and will pay all lawful claims. Processing Center shall mean a location to be maintained or utilized by the Contractor for the purpose of sorting, preparing, and marketing of recyclable materials. Properly-Prepared shall mean materials prepared according to the disposal program restrictions for refuse, yard-waste, and recycling. Processing Costs shall mean all reasonable costs incurred by the Contractor with respect to the collection of recyclables from residents currently receiving curbside scavenger services. Public Awareness Program shall mean a program developed and provided by the Contractor and the City/Village to inform and encourage residents to use the recycling collection services and other waste collection and disposal services of the City/Village. Recyclables or Recyclable Material(s) shall mean, at a minimum, those materials listed on Appendix 2. Recycling shall mean the use, collection, and remanufacture of secondary materials as feedstock for the production of new materials or products. Recycling Containers (bins) shall mean a 64 gallon tote, or a 33-gallon or 94-gallon tote if so acquired by the customer in the manner prescribed in the recycling collection program Refuse shall mean all discarded and unwanted household and kitchen wastes, including 16 but not limited to: food, food residues, and materials necessarily used for packaging, storing,preparing and consuming same, usually defined as "garbage"; and all combustible and non-combustible waste materials resulting from routine domestic housekeeping, including but not limited to: aluminum and steel cans, glass containers, plastic containers, crockery and other containers, metal,paper(of all types), including newspapers, books, magazines, catalogs, boxes and cartons, cold ashes, furniture, furnishings and fixtures, household appliances (all kinds), textiles and leathers, toys and recreational equipment and similar items. For the purposes of this Agreement, the terms "garbage", "refuse", "rubbish", and"waste" shall be synonymous unless otherwise more specifically defined(for example: "yard-waste"). Refuse Sticker shall mean a biodegradable paper stamped with the City or Village name and the Contractor's name and telephone number providing the solid waste services for the City or Village. The sticker shall represent proof of payment for collection and disposal services to be rendered by the Contractor. Residence shall mean all attached single family and detached single family dwelling. Single-Family Dwelling A detached dwelling containing accommodations for and occupied by one (1) family only. Specifications shall mean specifications identified in the Contract. Tote (also referred to as a Toter) A plastic wheeled container in size of 64 gallon, 33 gallon, or 96 gallon with tight-fitting cover, requiring semi-automatic lifting mechanism for collection. Waste shall mean refuse, recyclables, yard or landscape waste and white goods. Wet-strength Carrier Stock shall mean rectangular-shaped paperboard containers with special coatings to prevent tearing of the containers or smearing of the ink from moisture when refrigerated. White Goods shall mean refrigerators, ranges or stoves (electric or gas), freezers, room air conditioners, water heaters and other similar domestic large appliances. Yard-waste container/unit shall mean a container or unit and may be a kraft paper bag not exceeding thirty(34) gallons of capacity weighing up to fifty(50)pounds. The kraft paper bag shall be of the type specifically intended for landscape waste,being specifically biodegradable and not chemically treated; or a waste container(excluding plastic bags) not exceeding thirty-four(34) gallons of capacity weighing up to fifty(50)pounds; or bundles of hard landscape waste not exceeding two (2) feet in diameter and four(4) feet in length weighing up to fifty(50)pounds. Said bundle to be securely tied with biodegradablenatural fiber twine. Securing with plastic or wire is prohibited. Yard-waste (also known as "landscape waste") shall mean grass clippings, leaves, branches and brush, other yard and garden trimmings, vines, garden plants and flowers, weeds, tree droppings (for example: pine cones and crabapples), and other similar organic waste materials accumulated as the result of the cultivation and maintenance of lawns, 17 shrubbery, vines, trees and gardens. Sod, dirt, Christmas trees, and greenery from wreathes and garlands shall not be considered yard-waste and shall be disposed of as refuse,unless the composting facility will accept it. 34. DESCRIPTION OF THE BASES SOLID WASTE PROGRAM 34.1 Refuse, yard-waste, and curbside recycling services are provided to residences located within the City or Village on a once-per-week basis. 34.2 Yorkville Option A and B - The Yorkville options, pregrani—,being a modified volume based program, based on a monthly fee for pickup of all refuse, consisting of one 335- gallon, 64-gallon tote, or 96-gallon tote, and a $1 charge for each refuse disposal unit beyond the tote,unlimited yard waste and unlimited recycling. As part of program, the contractor shall supply the customer with a tote of a size of the customer's choosing for a cost outlined in Appendix 1. 34.3-2 Oswego refuse programs—The Village will select one of three solid waste programs. Haulers should bid on each of the following programs as set out below, in Appendix NUMBER. Oswego Option A—Unlimited refuse, unlimited recycling, and limited yard-waste collection. Refuse and recycling shall be collected if it is set out in a thirty- three (33) gallon or less container. A discounted rate schedule for senior residents within the VILLAGE limits will be offered by the CONTRACTOR; to residents any-five (65) and over. Oswego Option B—Modified volume based program, with limited refuse, unlimited recycling, and limited,yard-waste collection. Refuse limits per week are two (2)thirty-three (33 gallon disposal units or a CONTRACTOR issued sixty-five (65) gallon toter. The price to the customer for the optional 65-gallon toter shall be outlined in Appendix NUMBER. Each additional disposal unit shall be affixed with a $1 sticker. A discounted rate schedule for senior residents within the VILLAGE limits will be offered by the CONTRACTOR; to residents age sixty-five (65) and over. Oswego Option C - Modified volume based program, based on a monthly fee for pickup of all refuse, consisting of one 33-gallon, 64-gallon tote, or 96- gallon tote, and a $1 charge for each refuse disposal unit beyond the tote, limited,yard waste and unlimited recycling part of program, the contractor shall supply the customer with a tote of a size of the customer's choosing for a cost outlined in Appendix NUMBER. A discounted rate schedule for senior residents within the VILLAGE limits will be offered by the CONTRACTOR; to residents age sixty-five (65) and over. 34.4 Bulk items as herein defined, are considered subject to collection by the CONTRACTOR, according to the terms and definitions of this contract. Residents with additional material or home improvement projects may contract separately with the CONTRACTOR. The CONTRACTOR will make available 6, 10, 15, 20, and 30 cubic yard containers for this purpose. Yorkville Option A and B -Yorkville's bulk item collection shall be for the collection of one (1)bulk item per week from residential units at no additional cost to the resident. 18 Oswego Option A, B, and C - Individual residents will be responsible for contacting the CONTRACTOR to make payment and logistics arrangements for the collection of bulk items, excluding the two (2) amnesty days as described in SECTION NUMBER. defined,as befein , aeeor-ding to the ten:ns and definitions of this eontr-aet. The CONTRACTOR will flialw available the eolleetion of(1) one bulk iteffl pef Week from fesideflfial UNITS at iio additional eost to the fesideiit. individual residents will be fesponsible to eontaet CONTRACTOR A CTO and make a nts for-collection of additional BULK TI TTRMS individual basis. Residents with additional niatefial of hoffle iffipr-ovefflent pr-ojeets may eontr-aet sepafately with the CONTRACTOR. The CONTRACTOR will make mailable ti 10, 15, 20,and 30 cubic yaFd containefsfoF this 34.43 Yard-waste collection shall begin each year on the 1"collection day in April and end the last collection day in November. 35. SCOPE OF WORK 35.1 The Contractor shall be responsible for performing all work as outlined in the specifications herein and shall provide and furnish all labor, materials, equipment and supplies, vehicles, transportation services, and landfill and compost facility space required to perform and complete the collection and disposal of refuse and yard waste. The Contractor shall also make necessary arrangements with processors required to perform and complete the collection and marketing of recyclables. 35.2 The collection of refuse, yard waste, and recyclable materials shall be a joint program awarded to one firm and cannot be quoted or operated as separate programs. 36. COLLECTION UNITS 36.1 The base unit of service shall be known as a"Collection Unit or Stop". The Contractor shall collect, remove and dispose from every residential building unit, as defined herein, in the City of Yorkville, all refuse, yard-waste and curbside recyclables that may be set out for collection one (1)time each week. 37. GARBAGE AND REFUSE COLLECTION; PREPARATION AND PLACEMENT OF DISPOSAL UNITS 37.1 Toter or can production: Yorkville Option A and B, and Oswego Option C - The CONTRACTOR agrees to provide, at its own expense, one 33-gallon, 64-gallon, or 96-gallon totes to each single-family residence in the City or Village^, Y^ �for the purposes of garbage collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts that become worn or damaged through normal usage. Oswego Option A - All refuse containers (totes, cans, etc.) shall be provided by the customer, at the customer's cost Oswego Option B —All refuse containers (totes, cans, etc.) shall be provided by the customer, at the customer's cost 37.2 The CONTRACTOR A CTO shall provide weekly collection of garbage and refuse for- all oeeupied LWITS within the All GARBAGE and REFUSE as herein defined that 19 is designated for collection and disposal hereunder must be placed in one of the following containers: 1 the provided totes 2) a water-tight metal or plastic reusable waste container no larger than thirty-three (3 3) gallons in capacity and no smaller than fifteen (15) gallons in capacity 3) a heavy duty bag no more than 33-gallons in capacity and less than 50 pounds in weight, which is securely fastenede-aft,. 37.3 eo tents not to exceed fifty(50) pounds. The minimum can or eontainer shall not be less thafi fifteeii (15) gallons. Heavy dtAy bags whieh afe seetifely fastened shall be eonside proper-eofltainer-s so long as they do not exeeed thifty thfee (33) gallofls eapaeity afld fifty(cm pounds or loss in weight. Cans, containers, and/or heavy duty bags must be placed at the curb or roadway or in the alley(if designed by the CONTRACTOR). A4t eolleetion by the CONTRACTOR. 37.4 All residences receiving the aforementioned services shall be required to prepare all materials for collection and/or disposal into proper"disposal units". The CONTRACTOR will be required to collect only properly prepared disposal units. 37. 5 For modified volume-based programs (,Yorkville Option A and B, Oswego Option B and Q Residents will be allowed to place unlimited amounts of disposal units at the curb for collection and disposal provided that a disposal sticker has been attached to each unit above and beyond the disposal units covered in the monthly fee. 37.6-5 Properly prepared refuse shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians or snow plowing operations. The CONTRACTOR shall return all containers at each pick-up location to the curbside or adjacent to the right-of-way of paved or traveled Ci1y or Village0T—Y roadways. Containers will be placed,not thrown, and securely placed in such a manner that they are not left lying on their sides or in a manner that would allow roadway interference of vehicle and/or pedestrian traffic. Any contents spilled by CONTRACTOR on the parkways,premises, or streets are to be cleaned up in a workmanlike manner. 38. ACCEPTABLE/UNACCEPTABLE MATERIAL 38.1. UNACCEPTABLE MATERIAL: Residents shall not set out for disposal and the CONTRACTOR shall refuse to accept for regular collection: hazardous waste materials, radioactive materials,poisons, liquid waste,paint or similar products, acids,used motor oils, or any other material that the CONTRACTOR is legally unable to accept. 38.2 ACCEPTABLE MATERIAL: All refuse normally produced by residential properties shall be accepted for regular collection including but not necessarily limited to: bulk items, household fixtures, appliances, furniture and yard-waste. 39. EXAMINATION OF SERVICE AREA 20 39.1 It is the responsibility of the Contractor to be completely informed of all conditions under which service is to be performed, the service area, and all other relevant matters pertaining to the collection services as specified herein, including, but not limited to, type of housing, population density, roads, traffic patterns, required collection procedure, labor requirements, and any other factor which would effect the execution and/or completion of the work covered by the contract. 40. ALTERNATIVES AND DEVIATIONS 40.1 The specifications included in this package describe existing services which the City and Village believes are necessary to meet performance requirements of the City and Village and shall be considered the minimum standards expected of the Contractor. 40.2 Other alternatives from the specifications in Section III may be indicated if the proposed alternatives are equal to or greater than what is required by these specifications. All alternatives shall be separately listed, and a justification for each shall be stated. The Contractor shall use Appendix 3, Schedule of Alternatives and Deviations, for listing other alternatives. 40.3 If the Contractor is unable to meet any of the specifications as outlined herein, it shall also separately list all requested deviations from the specifications,with justifications attached for each deviation. The Contractor shall use Appendix 3, Schedule of Alternatives and Deviations, for listing proposed deviations. 40.4 If the Contractor does not indicate alternatives to or deviations from the specifications, the City and Village shall assume it is able to fully comply with these specifications. The City and Village, individually, shall be the sole and final judge of compliance with all specifications. 40.5 The City and Village, individually,-further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations The City and Village, individually, shall also be the sole and final judge as to whether any alternative or deviation is of an equivalent or better quality of service. 41 CHRISTMAS TREE COLLECTION 41.1 The CONTRACTOR will provide curbside collection service of live Christmas trees two (2) weeks during the 1 st and 2nd full week in January each contract year. It will be the responsibility of the CONTRACTOR to either recycle or correctly dispose of live Christmas trees. There will be no cost to the City and Village for this service. The CONTRACTOR and the City and Village will work together to educate the public with respect to the condition of the trees before they will be collected. Christmas trees will be accepted provided they are free of all ornamentation, including tinsel, garland and lights. If disposable tree bags are used, a refuse sticker must be affixed to the plastic bag. Christmas trees placed at the curb during the two-week special collection period shall be recycled. Recycling shall consist of taking the Christmas trees to a compost site to be chipped, mulched or composted. The CONTRACTOR shall provide the name and location of the compost site in accordance with Appendix 6. 42. YARD-WASTE/BUNDLED BRUSH COLLECTION 42.1 Yard-waste collection programs Yorkville Option A and B -As a part of yard-waste collection, all eligible households located within the City's corporate boundaries shall be 21 United City of Yorkville and Village of Oswego provided weekly yard-waste and bundled brush collection in an unlimited amount. All yard waste materials must be placed in"Kraft"paper bags designed and sold specifically for the collection and disposal of yard waste. All bundled brush must not exceed four(4) foot length, with each individual bundle not to exceed excess weight of fifty(50)pounds. Resident customers placing bundled brush out for collection will be required to bundle brush with biodegradable natural fiber twine (plastic or wire is prohibited). Bundled brush will be collected on regular refuse service days during the yearly period of time established, (April 1 st through the last collection day in November). Oswego Option A, B and C - As a part of yard-waste collection, all eli ig ble households located within the VILLAGE's corporate boundaries shall be provided weekly yard-waste and bundled brush collection. All yard waste materials must be placed in "Kraft" paper bags designed and sold specifically for the collection and disposal of yard waste. Each "Kraft" paper bag will have a yard waste sticker attached prior to collection. All bundled brush must not exceed four(4) foot length, with each individual bundle not to exceed excess weight of fifty(50) pounds. Resident customers placing bundled brush out for collection will be required to bundle brush with biodegradable natural fiber twine (plastic or wire is prohibited). Each bundled brush will have a,yard waste sticker attached prior to collection. Yard-waste and Bundled brush will be collected on regular refuse service days during the yearly period of time established, (April 1 st through the last collection day in November). There will be two (2,) amnesty days in a calendar year as described in SECTION NUMBER of this contract when unlimited yard waste and bundled brush will be collected at no charge to resident. 43. RECYCLABLE MATERIAL PROGRAM 43.1 The CONTRACTOR agrees to provide, at its own expense, one 33-gallon, 64-gallon, or 96-gallon tote to each single-family residence in the City and Village for the purposes of recycling collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts that become worn or damaged through normal usage. 43.2 The City's and Village's of Yor'"""°' recyclable material program shall remain voluntary on the part of any person receiving residential scavenger service as covered under this contract. The Contractor shall, however,provide for the collection and disposal of all recyclable material placed for collection in accordance with the terms of this Contract. The Contractor shall provide for the collection and disposal of recyclable material at no additional cost to customers receiving residential scavenger service as covered under this contract. The cost of recycling collection and disposal services has been built into the rates and charges otherwise provided for in the Contract for collection of refuse and yard-waste. 22 United City of Yorkville and Village of Oswego 43.3 Revenue collected from the sale of recyclable materials shall be handled in the following manner: Yorkville Option A—All revenue collected from the sale of recyclable material shall be the property of the Contractor. Yorkville Option B—All revenue collected from the sale of recyclable material shall be the property of the City. Oswego Options A, B and C - All revenue from fair market value actual residential recycle commodity rebates after fees (handling, transport, residual, moisture); for the first two hundred(200) tons each month collected by the CONTRACTOR within the VILLAGE of Oswego will be retained by the CONTRACTOR. All actual ,gross revenue rebates above two hundred(200) tons a month collected on an annual average will be split between the VILLAGE and the CONTRACTOR at a rate of fifty percent (50%) throughout the term of the contract. The CONTRACTOR shall have representatives available to participate in community-sponsored events promoting environmental awareness. 43. 4 The Contractor shall have representatives available to participate in community- sponsored events promoting environmental awareness. 43.5-3 The method in which the recyclables are to be generally sorted for collection by the household shall be commingled within the recycling container(s). 43.64 The Contractor shall specify the manner in which the recyclables are to be collected and sorted by the Contractor at the curbside; i.e. curb-sort, sorting at an intermediate processing facility, and the like. The Contractor will be responsible for cleaning up any material that has spilled as a result of the collection process. 43.75 The Contractor shall allow for a tagging system for recyclables not collected and must provide a simple explanation as to why the recyclable material(s)were not picked up, including, but not limited to, the following: contaminants, improper preparation; materials not accepted in program: refuse and/or yard-waste mixed with recyclables; or some combination thereof. The Contractor shall submit an example of the tagging system to be used. Recyclable materials that were rejected shall be returned to the container and not left on the street or parkway areas. 43.86 The Contractor shall purchase and maintain a reasonable supply of recycling totes, for residential scavenger service to cover replacement for lost, damaged and stolen containers, and for customers desiring additional recycling capacity. The City and Village, individually, reserves the right to approve the type of containers purchased by the Contractor. 43.9-7 The Contractor shall pick up all recyclable material placed in the recycling existing 4 g4len totes, the recycling containers supplied by the Contractor, or any other recycling containers used by the customer. If, for operational purposes, the Contractor has 23 United City of Yorkville and Village of Oswego difficulty identifying recycling containers used for recycling purposes, the Contractor shall provide free of charge, a recycling sticker or other identification mechanism to be placed on the various recycling containers used for collection of recyclable material. 43.109 The Contractor shall provide the name and location of the processing facility, as well as the proposed buyer/market for recyclable materials as set forth in Appendix 6. In the event that an alternative site is preferred by the City or Village, the Contractor shall use the alternative site location provided that any changes in the costs for collection and processing created by the use of such site will be negotiated between the City or Village and the Contractor prior to its use. 43.111 The City and the Village, individuallL reserves the right to accept or reject any or all suggested categories, which may be offered for collection in the residential recycling program. The City and the Village, individually, also reserves the right to phase in at a later date, any material(s) which the Contractor has indicated an ability to collect but which the City or the Village has determined not to add to the collection program, or to phase in any material(s)that the Contractor may not presently offer but will be able to offer sometime during the term of the Contract. The basis for determining cost of adding materials at a later date will be based on evidence supplied by the Contractor specifically justifying additional cost due to collection, administration, profit, and processing (minus revenue) only. 44. AMNESTY DAY 44.1 The CONTRACTOR shall provide for a spring and fall curbside collection of additional refuse, yard-waste and bulk items as defined herein, on a date(s) that is mutually agreed upon between the CONTRACTOR and the CITY and the Village, individually. In addition, the CONTRACTOR will collect WHITE GOODS and up to 4 automobile tires during the scheduled Amnesty Day. All rims must be removed from the tires prior to collection. There shall be no additional charge to the residents for the clean up and additional BULK ITEMS and WHITE GOODS that will be accepted during the designated clean-up week and stickers will not be required. 45. COLLECTION FROM MUNICIPAL CITY OWNED FACILITIES 45.1 At no additional cost,the Contractor shall collect, transport, and dispose of all refuse, yard-waste and recyclables from all municipalGity-owned facilities as set forth in Exhibit B. The Contractor shall furnish, at no additional cost to the City or the Village, at each municipal building served, containers for refuse, yard-waste and recyclables as requested by the municipality's Designated Representative, with the size to be agreed upon. The City and the Village reserves the right to request such containers, in addition to, or increase the size of normal containers, on a permanent or temporary basis. If requested by the City or the Village, any and all containers furnished by the Contractor shall be equipped with non-removable hinged covers or lids. Collection and disposal services by the Contractor will be as often as necessary each week, as set forth in Exhibit B. 46. STICKER DESIGN AND DISTRIBUTION 24 United City of Yorkville and Village of Oswego 46.1 The CITY and the Village, individually, haves the sole authority to approve or disapprove the design and construmction of the CONTRACTOR's stickers. Stickers must be of an approved color, which should be clearly visible at dawn or at dusk by drivers, and which said color should be changed periodically to prevent counterfeiting. The paper used shall be biodegradable and shall contain glue backing that will adhere in sub-zero temperatures as well as in extreme heat. The stickers shall contain the CONTRACTOR's name and telephone number, state the name of the municipaljjy0TA' °�� and be consecutively numbered for record keeping and balancing purposes. The CONTRACTOR will deliver stickers to retail outlets and the CITY or Village upon request. 39.2 The CONTRACTOR shall be responsible for the printing, distribution, and sale of an ample and always available supply of waste stickers. The CONTRACTOR shall arrange for local retail outlets to aid in the sale of the stickers. The CITY and Village also may act as a disposal sticker retailer for the CONTRACTOR. 48. BILLING PROCEDURES 48.1 The CONTRACTOR shall bill the City or Village individually for all serviced UNITS within the respective municipality. The City and the Village, individually, shall provide the contractor with the number of occupied UNITS within the municipalityCity on a monthly basis. 49. MONTHLY REPORTING 49.1 The Contractor shall prepare and submit to the City and the Village a monthly refuse, yard-waste and recycling material report, due by the 25th of the following month. The report shall include the following information for all residential scavenger service in each municipality covered under this contract: 49.2 Refuse - Total weight in tons and total volume in compacted cubic yards of refuse land- filled each month;Number of white goods collected each month; Tipping fee charge per ton at the landfill site; Name and location of the landfill facility and/or transfer station used by the Contractor; and, Copy of all complaints filed by the City and Village-of Ye le customers during the month. 49.3 Yard-waste - Total volume, in compacted cubic yards, of yard-waste collected; Tipping fee charge per compacted cubic yard at the compost facility; Name and location of the compost facility used by the Contractor; and, Copy of all complaints filed by the 0ty City and Villageo le customers during the month. 49.4 Recyclable Material -Weekly set-out rate; Monthly participation rate (total number of set-outs divided by the number of homes/dwelling units included in the collection service); Total weight, in pounds, of recyclable materials collected; Revenue received by the Contractor for the sale of recyclables; Tipping fee savings (total weight of recyclable materials collected in tons multiplied by the tipping fee charge per ton at the landfill site); Name and location of processing facility used by the Contractor; and, Copy of all complaints filed by the City and Village ef-Y,&-PA41e customers during the month. 25 United City of Yorkville and Village of Oswego 50. CONSUMER EDUCATION 50.1 Upon request, the Contractor agrees to provide City and Village residents with such educational materials as the City and Village, individually,-deems necessary. Educational materials may include notices to be left at resident's property as well as literature describing in detail the refuse, recycling and yard-waste collection program. There shall be no cost to the City or the Village or its residents for the printing and distribution of any consumer education materials. 51. TITLE TO WASTES 51.1 All refuse, yard-waste, and curbside recyclables collected shall belong to the Contractor as soon as the same is placed in the Contractor's vehicle. 52. DISPOSAL 52.1 All refuse and yard-waste collected shall be removed from the City and Village by the Contractor as soon as it has been collected; but in any event, not later than noon of the date following collection, and shall not be disposed of in violation of any state, federal or county laws or regulations. 53. RATES AND SPECIAL RATES 53.1 For any services required to be performed under this Contract, the charge shall not exceed the rates as fixed by the Contract and set forth in Appendix 1 attached hereto and made a part hereof. For items not otherwise provided for by the Contract document, and requiring special handling due to size, weight, type of material or method of placement, the charges are to be negotiated between the Contractor and the resident customer for collection and disposal into a landfill or processing facility. 54. SPECIAL & EMERGENCY COLLECTIONS 54.1 The Contractor shall offer special curbside collection service for large quantities of refuse including,but not limited to, construction and demolition debris, and move-in or move- out clean-up rubbish. Such services shall be an advance arrangement with the Contractor at the resident customer request. The collection cost for such services shall be based upon cubic yards and the resident customer shall make payment directly to the Contractor. The Contractor agrees to provide free dumpsters (sizes 1 yard through 30 yard as requested by the City and Village) for refuse and recycling collection during the City's annual Hometown Days, 4th of July Parade and celebration in the park, and other City or Village managed special events_ . The City or Village and the Contractor may mutually agree to emergency pick-up services for disasters including, but not limited to, flood, wind and snow. 55. SCHEDULE AND TIME OF COLLECTIONS 55.1 The City and Village of Ye-kvil ° shall be divided into collection areas and a regular weekday collection shall be assigned to each area. A map of the City and the Village of Yorkville, designating collection areas shall be made a part of this contract and attached hereto as�xhibit A. I[B02] 55.2 The schedule shall not be changed without first obtaining consent from the City 26 United City of Yorkville and Village of Oswego Administrator, or Village Administrator or designee, and not without giving a minimum of thirty(30) days written notice to all parties affected by the change. The City or Village may, at its discretion, waive the minimum time limits required. This waiver must be in writing and signed by the City or Village designee. The Contractor will be required to publish an advertisement twice per week in two separate weekly issues of the local newspapers, no earlier than 60 days prior to the change, with the last advertisement to be no later than fifteen(15) days prior to the schedule change. Failure of the Contractor to maintain said collection schedule shall be considered a breach and default of the contract and grounds for immediate termination of the contract. 55.3 In no case shall collection commence prior to 6:00 a.m. or continue past 7:00 p.m. on any day during the term of the contract. The collection schedule shall not include Saturday or Sunday as a regular collection day for any area in the City. 56. HOLIDAYS 56.1 Collection normally falling on the following holidays may be rescheduled for the first working day following the legal holiday, or on Saturday, as necessary, for that week only: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day 56.2 The Contractor agrees to inform the City and its residents of changes in normal collections due to holidays by notification through at least two local media outlets or establish a permanent holiday schedule or plan to be printed within the refuse literature. 57. SCHEDULE ADHERANCE 57.1 If, at any time during the term of this contract, the Contractor shall collect any section of the City or the Village on a day other than the scheduled day, the Contractor shall immediately notify the respective municipality-C4y that he is in violation of the contract. If a similar violation should occur more than once within the three week period following the week of the original violation, the City or the Village will notify the Contractor by certified mail and withhold any further payment that may be due under the contract until the Contractor has furnished evidence satisfactory to the City or the Village that the Contractor has taken necessary actions and precautions to prevent further violations. The City or Village may determine that this second or subsequent collection violation as a breach of contract, and therefore the City and the Village reserves the right to terminate the contract. Delays that are occasioned by holidays, or by daily(any 24- hour period)precipitation of four(4) inches or more of rain, or eight (8) inches or more of snow, may not be considered as violations. The City Administrator, Village Administrator or the_City's Designated Representative shall be the judge of whether delays constitute a violation, or not. 58. PLACE OF PICK-UP 58.1 The Contractor is responsible for the public streets, or properly wavered private street curbside pick-up of all residential locations as well as designated locations as requested 27 United City of Yorkville and Village of Oswego by the City or Village. 59. REPLACEMENT DAMAGE 59.1 The Contractor is responsible for damages resulting from its careless handling of any receptacle. The Contractor at no extra charge to the user shall replace all containers, which suffer damage caused by the Contractor. If the original container was supplied by the CONTRACTOR, tThe containers so supplied shall remain the property of the CONTRACTOR. If the original container was supplied by the resident, then the replacement container shall be the property of the resident. 60. COLLECTION VEHICLES 60.1 All vehicles used for collection purposes, except those exempted by other provisions of these specifications, shall have fully enclosed bodies with self-contained mechanisms to load and compress the material collected. These vehicles must be modern, neat, rear, front, or side-loading packer-type motor trucks, have entry for refuse into the vehicle's collecting body. All vehicles shall be kept watertight to prevent leaking, shall be kept closed except during collections along collection route. All equipment used by the Contractor shall be painted with no rust showing on the cab, chassis or body. Vehicles must be kept in clean, sanitary and quiet operating condition. Vehicles must at all times be supplied with brooms and necessary items to provide for immediate clean up of any litter or mess, which may result from leaking, spilling or blowing during collection procedures. Vehicles shall be clearly labeled with the firm's name, address, and telephone number and have a vehicle identification number printed clearly on each and every vehicle. However, if the Contractor desires to use a vehicle of larger capacity, specific written approval of the specific vehicle shall be required from the City's or the Village's Designated Representative, after an actual demonstration of the vehicle on the streets of the respective municipalityY' 1e. Overweight vehicles are the responsibility of the Contractor. Contractor is required to comply with weight requirements and safety requirements as established by Illinois Law or City or Village Ordinances for vehicles, vehicle operators and specialty equipment. 61. EMPLOYEES 61.1 The Contractor shall undertake to perform all disposal services rendered in a neat, orderly and efficient manner; to use care and diligence in the performance of this contract; and to provide neat, orderly and courteous personnel on its crews. The Contractor shall agree to prohibit any drinking of alcoholic beverages or use of illegal drugs or drugs which impair the ability of the employee or agent to safely and adequately perform his or her(drivers and crew members)job while on duty or in the course of performing their duties under this contract. The Contractor shall also agree to ensure that each employee driving a vehicle shall at all times carry a valid operator's license for the type vehicle he/she is driving. The Contractor's employees will be attired, at all times, in a professional-type manner. These specifics will be agreed upon between representatives from the Contractor and the City or Village Designated Representative. 62. ACCIDENT PREVENTION 28 United City of Yorkville and Village of Oswego 62.1 Precaution shall be exercised at all times for the citizens, employees and property. The safety provisions of all applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the manual of Accident Prevention in Construction,published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. 63. COMPLAINT PROCEDURE 63.1 All complaints received by the Contractor shall be given prompt and courteous attention. The City and the Village, individually and the Contractor will agree upon a formalized complaint form to be filled out by the Contractor each and every time a customer contacts the Contractor with a complaint. It will be the Contractor's responsibility to have the complaint forms, on NCR(no carbon required)paper,printed and available for use by the Contractor prior to the commencement of this Contract. The Contractor will supply the City and the Village with sufficient NCR forms for logging of complaints by City and VillageofYorkyilIe staff. Any complaint received by the City or the Village shall be immediately communicated to the contractor. The Contractor is required to supply the City with copies of all complaint forms within five (5)business days of a complaint being made, indicating thereon the resolution thereof 63.2 The Contractor shall provide the City and the Village with name, phone number, and email address for an individual to serve as point person for purposes of City staff contact with the Contractor. 64. COMPLAINTS 64.1 Where any dispute arises between a resident/customer and the Contractor, as to the manner or placing of containers for collection or preparation of recyclable materials, or the nature of the Contract or the like, the Contractor agrees that in the specific instance collection will be immediately made even though in its opinion, the customer is in error; and that it will immediately report the same to the City's or the Village's Designated Representative so that the City or the Village and the Contractor may resolve the dispute, if possible, before additional collection becomes necessary. The intent of this paragraph is to avoid disputes/disagreements between the customers and the Contractor's employees, and to permit disputes/disagreements to be handled by mutual discussion between the Contractor and the City or the Village. If a missed pick up is reported by the City or a customer to the Contractor, the Contractor shall collect the refuse, recyclable material or yard-waste from such customer within on(1)business day of notification. All complaints other than missed pickups shall be resolved to the satisfaction of the City or the Village within two (2)business days. As noted above, the Contractor shall supply to the City and the Village an NCR copy of the complaint form for each and every complaint and on which the nature of the complaint and the disposition is clearly noted. The Contractor shall cooperate with the 0ty- and the Village in minimizing complaints from customers. Continued unreasonable complaint levels, as determined by the City or the Village, or failure of the Contractor to carry out any of its contractual obligations such as, but not limited to, rude treatment, messy pickups, damage to persons or property and early start-up may be due cause for the City or the Village to terminate 29 United City of Yorkville and Village of Oswego this Contract after notice and an opportunity to be heard. 65. CUSTOMER VIOLATIONS OF MUNICIPALLY CODE 65.1 The Contractor shall have the right to notify any customer of noncompliance with the applicable Y^ �Yorkville or Oswego code provisions concerning the handling or disposal of solid waste as those same may apply to such customers. The Contractor shall report any continuance of any such noncompliance to the respective City or Village. 66. NEW CUSTOMERS 66.1 The Contractor agrees to provide service immediately to all new customers, even if the new customer neglected to first notify or request collection services. The City and Village agrees to make every effort possible to alert the new customer to the collection procedure for refuse, recycling and yard-waste. 67. EXCLUSIVE GRANT/INTENT 67.1 The City and the Village, individually, agrees that in consideration of the faithful performance of the obligations herein undertaken by the Contractor, the City and Village does,by execution of this Contract pursuant to City Code, give and grant to the respective Contractor, for the term of this Contract only, the sole and exclusive Class A License to collect and dispose of all residential solid wastes. The Contract shall include all residences (attached single-family and detached single-family as defined herein) and municipal facilities as required within the corporate boundaries of the City of Yorkville or the Village of Oswego. This grant expressly includes the right and duty to service any land annexed to the City or Village where new residences or municipal buildings have been constructed during the term of this Contract. Service will be provided on the same terms as set forth herein. The City and Village shall communicate any changes to the corporate boundaries or service area resulting from annexations, zoning actions, site plan approvals, construction, etc., to the Contractor. It is the intent of this Contract to obtain, throughout its term, clean, courteous, well scheduled, and well-executed collection and disposal or processing of refuse, recycling and yard-waste from properties in the City of Yorkville and the Village of Oswego. While the City and Village recognizes that any collection service involves minor customer operating problems, the intent of this Contract is to ensure that any such operating problems are minimized to the extent possible and corrected as soon as possible. 68. QUALIFICATIONS/REFERENCES 68.1 The Contractor shall provide at least five (5) references of"like"public agencies with current contacts in accordance with Appendix 4 and shall indicate if appropriate, which municipality has implemented a volume-based program. Contractor shall complete the attached Appendix 6 listing its qualifications. 69. PROPOSAL SECURITY 69.1 Each proposal shall be accompanied by proposal security, which shall be in the form of a certified check or a bank cashier's check in the amount of five thousand dollars ($5,000), made payable to the City of Yorkville, and($5,000) payable to the Village of Oswego. Proposals submitted without the required security shall be rejected. After 30 United City of Yorkville and Village of Oswego formal written notification by the City or Village that a contract award decision has been made, the proposal security of the successful Contractor shall be forfeited to the City or Village in the event that the Contractor shall withdraw its proposal, or neglect or refuse to enter into a contract and required bond, and the Contractor shall be liable for any damages the City may thereby suffer. 69.2 Proposal securities shall be released as follows: 69.3—(1)The successful Contractor's security shall be retained until the required performance bond ($500,000.00)has been furnished;(2)Proposal securities of the proposing Contractors shall be held until the successful Contractor's performance bond has been furnished,at which time the checks will be promptly returned to the unsuccessful Contractors 70. TERM OF CONTRACT 70.1 Yorkville program - The term of the Contract will be four(4) years and nine (9) months (5)years, and shall commence at 12:01 a.m. on SeptemberA4-ay 1, 2012 and shall remain in full force and effect through termination at 11:59 p.m. on April 30, 2017. Upon request, the City may exercise an option to extend the contract term for an additional two (2)year period ending at 11:59 p.m. on April 30, 2019. The Contractor may negotiate in good faith, on request of the City, for an extension to the contract, provided that the contract extension is approved by the City Council no later than one hundred twenty(120) days before the termination of the existing contract. Oswego Options A, B, and C-For all Oswego Options, the Village desires quotes on two different Contract terms. The first desired quote for Contract term will be for two (2) years and ten (10) months, and shall commence at 12:01 a.m. on September 1, 2012 and shall remain in full force and effect through termination at 11:59 p.m. on June 30, 2015. The second desired quote Contract term will be for four(4)years and 10 months, and shall commence at 12:01 a.m. on September 1, 2012 and shall remain in full force and effect through termination at 11:59 p.m. on June 30, 2017. The Village shall choose the length of the Contract term upon acceptance of a proposer. 71. STICKER REFUND 71.1 At the end of the Contract term, should the City or the Village select a different scavenger service, the Contractor agrees to refund to all customers, retailers and the City and Village, the full purchase price of all refuse/yard-waste stickers returned to the Contractor within one hundred twenty(120) days after the end of such term. 72. PERFORMANCE BOND 72.1 The Contractor shall provide a performance bond issued by a surety in an amount of $500,000 to each of the the City and the gewith a peffefmanee band issued by-a et.y in an i4 of$500,000. 73. EMERGENCIES 73.1 The Contractor agrees that should any emergency arise by reason of storm, tornadoes, or other act of God which require additional hauling equipment by the City or the Village, 31 United City of Yorkville and Village of Oswego the Contractor's equipment shall be placed at the disposal of the City or Village upon request for such temporary use,provided that upon such use the City or the Village shall pay the operating cost of such equipment and labor as it is used. The City and the Village, individually, reserves the right to direct which disposal sites are to be used during an emergency. 74 LOCAL IMPROVEMENTS 74.1 The City of Yorkville and the Village of Oswego reserves the right to construct any improvement or to permit any construction in any street, which may have the effect for a time of preventing the Contractor from traveling his accustomed route or routes for collection. The Contractor shall, however, by an acceptable method, continue to collect the refuse, yard-waste and recyclables to the same extent as though no interference existed upon the streets formerly traveled. This shall be done without extra cost to the City of Yorkville or the Village of Oswego. 75. TAXES,LICENSES & PERMITS 75.1 The Contractor shall pay all sales, use,property, income, and other taxes that are lawfully assessed against the City, Village for the Contractor in connection with the Contractor's facilities and the work included in this Contract, and shall obtain and pay for all licenses, permits, certificates of authority, and inspections required for the work. The Contractor shall furnish to the City and the Village satisfactory evidence that it has all permits, licenses, and certificates of authority required to operate for the term of this contract. 76. DEFAULT 76.1 If the Contractor fails to observe the established schedule for more than two (2) consecutive working days, and in the opinion of the City's or Village's Designated Representative, there has not been sufficient cause to justify such lack of observance, the City or the Village, respectively shall serve notice, either personally or by affixing such notice to the local premises of the Contractor, that this contract shall be in 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 the twenty-four(24) hour period, the Contractor has not made the necessary corrections, the City or the Village shall take such steps as are necessary, to provide services according to the collection schedule submitted by the Contractor. The Contractor will be liable for any costs of such steps from the date of the notice of default. If deemed necessary by the City's or Village's-Designated Representative, the City or the Village shall have the right to take over all equipment and facilities of the Contractor for a period of up to one-hundred-twenty(120) days from the date of notice of default. 77. STRIKES/FORCE MAJEURE 77.1 The Contractor shall be required to file proof with the City Administrator and Village Administrator, or theirhi-s designee that it has a "no strike" provision for the duration of all collective bargaining agreements with its workers. Upon execution of any new agreement, the Contractor shall forward to the City Administrator and Village Administrator within thirty(30) days thereafter,proof that said agreement also contains a "no strike" clause. 32 United City of Yorkville and Village of Oswego 78.2 In the event that the Contractor shall fail to collect, remove and properly dispose of the waste in accordance with the terms of this contract, for a period of five (5)business_days or more, the CITY or Village, may, at its option, cause such waste to be collected and disposed of by any reasonable—means available to the CITY or the Village, and the cost thereof may be charged against the Contractor and the performance bond furnished by the Contractor. The foregoing option shall not be available to the CITY or the Village if the Contractor's failure so to collect and remove waste for the period was due to unusual weather conditions, or some other "act of God," which rendered such collection and removal impossible to perform. The Contractor shall not be liable for the failure to perform its duties if such failure was caused by a catastrophe,riot,war, government order or regulation, fire, accident or any similar contingency beyond the reasonable control of the Contractor. "Act of God" does not include any strike, sympathy strike, slowdown, sit-down, stoppage of work, refusal to perform overtime, mass absenteeism,refusal to cross a picket line or any other similar concerted action or intentional interruption or disruption of the operations of the Contractor by Contractor's own employees (the foregoing collectively referred to as "labor dispute"),provided, however, that in the event that the CITY or the Village exercises its option under this Article to collect and dispose of waste by other reasonable means because of the Contractor's failure to perform due to a labor dispute,the total amount charged against the Contractor by the CITY or Village can only be an amount which is in excess of the total amount that the CITY or Village would have otherwise paid to the Contractor for collection over the duration of the labor dispute. The CONTRACTOR shall promptly notify the CITY and Village in writing of any event covered by this Section and the date, nature and cause thereof. Such notice shall indicate the anticipated extent of such delay and the obligations under this Agreement to be affected thereby 33 United City of Yorkville and Village of Oswego 34 United City of Yorkville and Village of Oswego IV. PROPOSAL/CONTRACT FORM ***THIS PROPOSAL,WHEN ACCEPTED AND SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF YORKVILLE, SHALL BECOME A CONTRACT BINDING UPON BOTH PARTIES. Entire Block Must Be Completed When A Submitted Bid Is To Be Considered For Award PROPOSER: Date: Company Name Email Address Street Address of Company Contact Name (Print) City, State, Zip 24-Hour Telephone Business Phone Signature of Officer, Partner or Fax Sole Proprietor Print Name & Title ATTEST: If a Corporation Signature of Corporation Secretary CITY OF YORKVILLE or VILLAGE OF OSWEGO: ATTEST: Authorized Signature Signature of City/Village Clerk Title Date Date In compliance with the specifications, the above-signed offers and agrees, if this Proposal is accepted within 90 calendar days from the date of opening, to furnish any or all of the services upon which prices are quoted, at the price set opposite each item, delivered at the designated point within the time specified above. 35 United City of Yorkville and Village of Oswego VENDOR W-9 REQUEST FORM The law requires that we maintain accurate taxpayer identification numbers for all individuals and partnerships to whom we make payments,because we are required to report to the I.R.S. all payments of$600 or more annually. We also follow the I.R.S. recommendation that this information be maintained for all payees including corporations. Please complete the following substitute W-9 letter to assist us in meeting our I.R.S. reporting requirements.The information below will be used to determine whether we are required to send you a Form 1099. Please respond as soon as possible, as failure to do so will delay our payments. BUSINESS(PLEASE PRINT OR TYPE): NAME: ADDRESS CITY: STATE• ZIP: PHONE: FAX: TAX ID#(TIN): (If you are supplying a social security number, please give your full name) REMIT TO ADDRESS(IF DIFFERENT FROM ABOVE): NAME: ADDRESS: CITY: STATE: ZIP: TYPE OF ENTITY(CIRCLE ONE): •Individual -Sole Proprietor -Government Agency •LLP(Limited Liability Partnership) •LLC(Limited Liability Corporation) •Medical -Partnership -Charitable/Nonprofit •Incorporated -Other(Please describe) SIGNATURE: DATE: 36 United City of Yorkville and Village of Oswego PROPOSER'S CERTIFICATION (page I of 3) With regard to , proposer hereby certifies (Name of Project) (Name of Proposer) the following: 1. Proposer is not barred from bidding this contract as a result of violations of Section 720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33E-4 (Bid-Rotating); 2. Proposer certifies that it has a written sexual harassment policy in place and is in full compliance with 775 ILCS §12-105(A)(4); 3. Proposer certifies that not less than the prevailing rate of wages as determined by the City of Yorkville or Village of Oswego,—Kendall County or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work for the respective municipality City ofY-o e4fl°. All bonds shall include a provision as will guarantee the faithful performance of such prevailing wage clause. Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed. Proposer agrees to pay the prevailing wage and require that all of its subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. Proposer and each subcontractor shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be sent to the City and Village on a monthly basis along with the invoice and shall be open to inspection at all reasonable hours by any representative of the City, Village, or the Illinois Department of Labor and must be preserved for four(4)years following completion of the contract. Proposer certifies that proposer and any subcontractors working on the project are aware that filing false payroll records is a class B misdemeanor and that the monetary penalties for violations are to be paid pursuant to law by the proposer, contractor and subcontractor. The City and the Village shall not be liable for any underpayments. If applicable: Since this is a contract for a fixed public works project, as defined in 820 ILCS 130/2, Contractor agrees to post at the job site in an easily accessible place, the prevailing wages for each craft or type of worker or mechanic needed to execute the contract or work to be performed. 4. Proposer certifies that it is in full compliance with the Federal Highway Administrative Rules on Controlled Substances and Alcohol Use and Testing, 49 C. F.R. Parts 40 and 382 and that all employee drivers are currently participating in a drug and alcohol testing program pursuant to the Rules. 5. Proposer further certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue, or that Proposer is contesting its liability for the tax delinquency or the amount of a tax delinquency in accordance with the procedures established by the appropriate Revenue Act. Proposer further certifies that if it owes any tax payment(s)to the Department of Revenue, Proposer has entered into an agreement with the Department of 37 United City of Yorkville and Village of Oswego PROPOSER'S CERTIFICATION (page 2 of 3) Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the agreement. BY: Proposer's Authorized Agent FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number Subscribed and sworn to before me this day of , 20_. Notary Public) (Fill Out Applicable Paragraph Below) (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of which operates under the Legal name of and the full names of its Officers are as follows: President: Secretary: Treasurer: and it does have a corporate seal. (In the event that this bid is executed by other than the President, attach hereto a certified copy of that section of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offer for the corporation.) (b) Partnership Signatures and Addresses of All Members of Partnership: 38 United City of Yorkville and Village of Oswego PROPOSER'S CERTIFICATION (page 3 of 3) The partnership does business under the legal naive of: which name is registered with the office of in the state of (c) Sole Proprietor The Supplier is a Sole Proprietor whose full name is: and if operating under a trade name, said trade name is: which name is registered with the office of in the state of 5. Are you willing to comply with the City's and Village's preceding insurance requirements within 13 days of the award of the contract? Insurer's Name Agent Street Address City, State, Zip Code Telephone Number I/We affirm that the above certifications are true and accurate and that I/we have read and understand them. Print Name of Company: Print Name and Title of Authorizing Signature: Signature: Date: 39 United City of Yorkville and Village of Oswego APPENDIX 1 GENERAL PRICE QUOTATION SHEET Please pr-ovide all eosts assoeiated with once aweek,same day Fefuse,yafdwaste,leaf-,and feeyefing eolleetion 1.Monthly-ffieesfor-refuse,yar-d waste,andMeyeling eolleetionffOgr-afn as outlined in thee contract for-any size 33 gallon garbage tote -S 64 gallon gafbage tot-e -S 96 gallon garbage♦„♦o S 2. lAfter-native seFldee paekage pr-iee quote! The same serviee as#1 above,with all revenues der-ived from the sale of reeyelable products collected in the municipality paid to the City each month after they are eoll ted by`- eontr-aeton 33 gallen garbage tote S S -S 64 gallon garbage tote 96 gallon garbage tote 3.Other Components of Price Quotation See attached spreadsheet 40 United City of Yorkville and Village of Oswego APPENDIX 2 REQUIRED RECYCLABLE5 TO BE COLLECTED The City requires that the Contractor shall collect the following recyclable material for the entire term of the contract. Additionally, the Contractor is encouraged to identify additional items they will be collecting, not on the current list. Required Recyclable Materials • brown paper bags • corrugated cardboard • boxes and cartons • chipboard/paperboard (to include brown or gray box board or paperboard, cereal boxes, shoe boxes, &paper towel cores) • magazines and catalogues • mixed paper, glossy & non-glossy (to include stationary, notebook paper, post-it notes, computer paper, typing paper, flyers, greeting cards, file folders and all envelopes, with and without windows) • newspaper(including all supplements) • telephone books • wet strength carrier stock (to include paper board used for refrigerated and frozen items) • frozen food packages • aerosol cans • aluminum cans and foil • formed aluminum containers and wraps • aseptic packaging and gable top containers • formed steel containers • glass bottles and jars (brown, green, and clear) • plastic containers (colored or cloudy white HDPE milk,juice and/or water bottles, jars and jugs) • all plastic containers #1 through#5 and plastic containers #7 • LDPE and HDPE soft plastic six (6) and twelve (12)pack rings • steel cans • steel paint cans and lids • household batteries Other Recyclable Materials Proposed by Contractor LJ Ll 41 United City of Yorkville and Village of Oswego APPENDIX 3 SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum standards outlined in the specifications section of this document. (Please attach additional sheets if necessary.) Alternative/Deviation Section Paragraph Explanation of 42 United City of Yorkville and Village of Oswego APPENDIX 4 SCHEDULE OF ILLINOIS MUNICIPALITIES SERVED Please list municipal references. (Please attach additional sheets if necessary) Municipality Contact Name & Service Explanation of Collection and Telephone Number Dates Disposal Program 43 United City of Yorkville and Village of Oswego APPENDIX 5 LOCATION OF DISPOSAL FACILITIES Please provide below information concerning the facilities,which are intended to be used for the disposal of refuse, yard waste, and recyclable materials collected at the curbside. (Please attach additional sheets if necessary.) REFUSE Name of Facility Facility Address Disposal Limitations RECYCLING Name of Facility Facility Address Disposal Limitations YARD WASTE Name of Facility Facility Address Disposal Limitations 44 United City of Yorkville and Village of Oswego APPENDIX 6 CONTRACTOR QUALIFICATIONS Name of Business: Business Address: Mailing Address: Business Number: Emergency Number: Fax Number: Ownership: Individual Partnership Corporation Franchise or Parent Company(if applicable): List all Partners, Managers, and Corporate Officers: Name Title Residence Phone Days of Operation: Business Hours: Number of Employees: Supervisors: Drivers: Office Personnel: Signature: Date: 45 United City of Yorkville and Village of Oswego EXHIBIT A SOLID WASTE COLLECTION DAY MAP See attached 46 United City of Yorkville and Village of Oswego EXHIBIT B SERVICES FOR MUNICIPAL AND PUBLIC FACILITIES Location Service Type Size Frequency Yorkville Library Refuse 1-1.5 yd lx/wk 902 Game Farm Road Recycling 1-1.5 yd lx/wk Yorkville City Hall and Refuse 1-6 yd 2x/wk Police Department Recycling 1-2 yd cardboard 1 x/wk 800 Game Farm Road Recycling(paper) 6-96 gallon toters Ix/wk Yorkville Public Works Recycling 1-2 yd cardboard 1 x/wk 610 Tower Lane Refuse 1-20 yd open lx/wk Yorkville Parks and Refuse 1-20 yd open lx/wk Recreation Satellite Recycling 1-96 gallon toter lx/wk Office at Old Post Office Recycling 1-1 yd cardboard lx/wk 201 W.Hydraulic Avenue Yorkville Parks and Refuse 1-1.5 yd lx/wk Recreation Riverfront Recycling 2-96 gallon toter lx/wk Administrative Building 301 E.Hydraulic Yorkville Parks and Refuse 1-1.5 yd lx/wk Recreation Riverfront Recycling 2-96 gallon toter lx/wk Program Building 131 E.Hydraulic Yorkville Beecher Center Refuse 1-4yd refuse 1 x/wk 908 Game Farm Road Recycle 1-2yd recycle 1 x/wk Yorkville REC Center Refuse 1-6 yd lx/wk 202 E Countryside Pkwy Recycle 1-6 yd lx/wk Oswego Public Works Refuse 1-5 yd I x/wk 100 Theodore Drive Recce 1-5 yd lx/wk Landscape refuse 1-20 yd lx/wk Street sweeping refuse efuse 1-20 yd lx/wk Oswego Police Refuse 1-5—yd 1x/wk Department Recce 1-5 yd Ix/wk 3525 US Rt.34 Oswego Village Hall Refuse 1-5 yd lx/wk 100 Parkers Mill Recycle 1-5 yd lx/wk All City and Village Refuse 96 gal.toters, 33 gal. toters, 18 Rentals When Required gal.toters 30 yd open dumpster 47 United City of Yorkville and Village of Oswego The location of the facilities, the number of facilities, their bin/tote size, and pickup schedule are subject to change throughout the lift of the contract. The Contractor shall provide, at no cost to the City, the collection and disposal of all refuse, recycling, and yard waste, or more often if requested by the City. A comprehensive recycling program shall also be provided at no cost for the municipal facilities listed above (new or additional facilities may be added at any time during the Contract term). The Contractor shall be responsible for supplying all service equipment associated with totes and containers/dumpsters to said facilities as set forth in the Contract. 48 `� 13 �fTy Reviewed By: Agenda Item Number 0 •t► Legal ❑ City Clerk#1 Finance ■ EST. -�` _ ti 1836 Engineer ❑ �:--- g Tracking Number �! City Administrator ■ t3 Consultant ❑ CC 2012-15 cLE ° Agenda Item Summary Memo Title: MFT Audit Report No. 60 for January 1, 2008—December 31, 2010 Meeting and Date: City Council 2/14/12 Synopsis: Audit Report No. 60 from IDOT which covers the receipt and disbursement of Motor Fuel Tax (MFT) for the period of January 1, 2008 to December 31, 2010. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Lisa Pickering Clerk's Office Name Department Agenda Item Notes: Illinois Department of Transportation Division of Highways/ Region 2/ District 3 700 East Norris Drive/Ottawa, Illinois/61350-0697 Telephone 815/434-6131 January 20, 2012 Ms. Beth Warren City Clerk 800 Game Farm Road Yorkville, IL 60560 Dear Ms. Warren: Enclosed is a copy of Audit Report No. 60 covering the receipt and disbursement of Motor Fuel Tax funds by your City for the period beginning January 1, 2008 and ending December 31, 2010. PLEASE REFER TO BLR 15102 OF THE AUDIT FOR THE AUDITOR'S COMMENTS. This report should be presented to the President and Board of Trustees at the first regular meeting after the receipt of this letter and then filed as a permanent record in your office. If you have any questions or require additional information, please contact Emily Bruck at 815-434-8421. Sincerely, Eric S. Therkildsen, P.E. Acting Deputy Director of Highways Region Two Engineer r s+ BV'1�(JJN�a1/mes R. Thre II III, P.E. oject Implementa Engineer cc: Emily Bruck, MFT Auditor EB:dd/yorkville2012 Illinois Department of Transportation Audit Cover Sheet Agency: CITY OF YORKVILLE Audit for: Audit Year(s): 2008 - 2010 ® Motor Fuel Tax Township Bridge Special Assessment Audit Number: 60 ['I G.O. Bond Issue MFT Fund Bond Issue Date: December 14, 2011 Page 1 of 1 BLR 15100S(Rev. 06/07) 1/1312012 8:34 AM Vj Illinois Department of Transportatilon Auditor's Certificate CITY OF YORKVILLE Audit Report No. 60 We hereby certify that we have audited the books and records in so far as they pertain to the receipt and disbursement of the Motor Fuel Tax Fund of the City of YORKVILLE for the period beginning Jan. 1, 2008 and ending Dec. 31, 2010, and that entries for receipts in these books and records are true and correct and are in agreement with the records maintained by the Department of Transportation and that entries for disbursements are supported by cancelled warrants or checks with exceptions noted in the audit findings. We further certify that we have verified entries in the claim registers with the original claims and cancelled warrants, that we have examined and checked the records of the City Clerk and City Treasurer and have compared the expenditures listed in the warrant registers of those offices against the minutes of the City Council maintained by the City Clerk and have found them to be in accordance therewith exceptions noted in the audit findings. Auditor REVIEWED AND APPROVED BY Date. / Dr Local Road nd Streets Engineer Page 1 of 1 BLR 15101S(Rev.06/07) 1/1312012 8:34 AM (t Illinois Department of Transportation Auditor's Comments CITY OF YORKVILLE Audit Report No. 60 Audit Period: Jan. 1, 2008 to Dec. 31, 2010 Purpose of Audit: To determine the status of Motor Fuel Tax Funds as of Dec. 31, 2010 The other receipts to the Motor Fuel Tax Fund were $511,601.96 received as follows: Interest 2010 654.24 Reimbursement 362,227.31 Interest 2008 9,832.94 Interest 2009 894.47 IJN! 73,122.00 High Growth 64,871.00 Total received: $511,601.96 This audit was done on a selective sampling basis. Maintenance Expenditure Statements were on file for 2007, 2008, 2009 & 2010. Final Reports were on file for: 01-00027-00-FP 09-00039-00-GR 07-00035-00-TL SIGNED Page 1 of 1 BLR 15102S(Rev.06/07) 1/13/2012 8:34 AM Illinois Department of Transportation Fund Balance and Bank Reconciliation CITY OF YORKVILLE Audit Report No. 60 Audit Period Jan. 1, 2008 - Dec. 31, 2010 Date: December 14, 2011 Fund Balance Unobli ated Obligated Total Outstanding Warrants Balance Previous Audit 393,130.76 147,284.62 540,415.38 Allotments 1,077,479.96 0.00 1,077,479.96 Total MFT Funds 1,470,610.72 147,284.62 1,617,895.34 Approved Authorizations (11315,539.59) 1,315,539.59 0.00 Other Receipts 511,601.96 511,601.96 Total 155,071.13 1,974,426.17 2,129,497.30 Disbursements 1,438,655.94 1,438,655.94 Surplus (Credits) 246,879.09 (246,879.09) 0.00 Unexpended Balance L 401,950.22 288,891.14 1 690,841.36 Bank Reconciliation Balance in Fund per Bank Certificate Dec. 31, 2010 690,837.43 Deduct Outstanding Warrants Add Outstanding investments 3.93 Additions Subtraction's Net Balance in Account Dec. 31, 2010 690,841.36 Certified Correct C. • /2L Auditor Page 1 of 1 BLR 15103S(Rev.06/07) 1/13/2012 8:34 AM T) Illinois Department Investment Schedule of Transportation Motor Fuel Tax Funds CITY OF YORKVILLE Audit Report No. 60 Date of Value at Outstanding Date of Maturity or Purchase Maturity or Interest Dec. 31 Purchase Redemption Cost Redemption Earned 2010 Type of Investment 3.93 Illinois Funds 0.00 3.93 REMARKS: Page 1 of 1 BLR 15105S(Rev 06107) 1/13/2012 8:34 AM �f 11finU=spent Summary of Motor Fuel Tax Fund Transactions . O�}�{jpn By Sections and Categories CITY OF YORKVILLE Audit Period: January 1,2008-December 31,2010 Audit Report No.60 Balance Prev. Total Amount Other Total Funds Total Surplus to Unexpended Prev.Accumulated Total Accumulated Section Audit Authorized Adjustments Receipts Available Disbursements Unobligated Balance Disbursements Disbursements Balance(Credits) 06-00000-00-GM 997.50 997.50 0.00 0.00 106,143.15 106,143.15 ENG 0.00 0.00 0.00 0.00 0.00 0.00 07-00000-00-GM 63,625.23 63,625.23 92,603.37 28,978.14 32,624.77 125,228.14 nd auth 3999.14 ENG 0.00 0.00 0.00 08-00000-00-GM 236,155.00 236,155.00 283,265.41 47,110.41 283,265.41 need auth 48503.01 ENG 0.00 0.00 0.00 09-00000-00-GM 276,422.50 105.00 276,527.50 191,261.73 85,265.77 191,261.73 need to credit ENG 0.00 0.00 0.00 10-00000-00-GM 245,000.00 85.50 245,085.50 57,657.03 187,428.47 57,657.03 ENG 0.00 0.00 0.00 0.00 0.00 0.00 CONSTRUCTION 0.00 0.00 0.00 01-00027-00-FP 21,845.38 21,845.38 8,380.46 13,464.92 0.00 201,442.44 209,822.90 ENG 0.00 0.00 0.00 0.00 0.00 0.00 03-00031-00-FP 0.00 0.00 0.00 ENG 27,294.48 242,195.28 163,438.81 378,339.61 376,239.12 3,750.50 1,650.01 332,226.78 708,465.90 invoiced 2011 0.00 0.00 0.00 ERRONEOUS 282.80 4,939.03 4,656.23 4,656.23 0.00 4,656.23 0.00 0.00 0.00 OBL RETIREMENT 0.00 0.00 0.00 00-00023-00-GB 65,269.73 65,269.73 65,269.73 106,314.10 106,314.10 0.00 0.00 0.00 INTEREST 0.00 0.00 0.00 07-00000-00-AC 25,119.06 25,119.06 25,119.06 0.00 0.00 08-00000-00-AC 9,832.94 9,832.94 9,832.94 0.00 1 0.00 09-00000-00-AC 894.47 894.47 894.47 0.00 0.00 10-00000-00-AC 654.24 654.24 654.24 1 0.00 need to credit 0.00 0.00 0.00 TOTALS 147,284.62 1,000,770.28 0.00 179,949.99 1,328,004.89 1,014,063.35 53,061.89 260,879.65 778,751.24 1,792,814.59 Page 1 of 2 BLR 151065(Rev.06/0 1/13/2012 8:34 AM UIllinois Department Summary of Motor Fuel Tax Fund Transactions Of Transpoftation By Sections and Categories CITY OF YORKVILLE Audit Period: January 1,2008-December 31,2010 Audit Report No.60 Balance Prev. Total Amount Other Total Funds Total Surplus to Unexpended Prev.Accumulated Total Accumulated Section Audit Authorized Adjustments Receipts Available Disbursements Unobligated Balance Disbursements Disbursements Balance(Credits) 0.00 0.00 0.00 07-00035-00-TL 1 112,459.51 112,459.51 112,459.51 0.00 112,459.51 ENG 1,089.36 1,089.36 1,089.36 0.00 22,901.91 23,991.27 0.00 0.00 0.00 06-00033-00-TL 560.00 560.00 560.00 0.00 560.00 ENG 0.00 0.00 0.00 0.00 0.00 0.00 05-00032-00-FP 0.00 0.00 0.00 ENG 455.00 455.00 455.00 0.00 455.00 0.00 0.00 0.00 09-00000-03-AC 15,510.00 15,510.00 15,510.00 0.00 0.00 10-00000-03-AC 24,687.00 24,687.00 24,687.00 0.00 0.00 11-00000-03-AC 24,674.00 24,674.00 24,674.00 0.00 0.00 0.00 0.00 0.00 06-00037-00-RS 97,440.72 97,440.72 117,733.94 20,293.22 117,733.94 auth in 2011 ENG 79,637.05 42,658.97 122,296.02 65,301.67 55,824.20 1,170.15 65,301.67 auth 1534.1 in 2011 0.00 0.00 0.00 11-00000-10-AC 73,122.00 73,122.00 73,122.00 0.00 0.00 0.00 0.00 0.00 09-00039-00-GR 23,127.67 23,127.67 23,127.67 0.00 23,127.67 ENG 0.00 0.00 0.00 0.00 0.00 0.00 10-00041-00-PK 1 151,000.00 151,000.00 96,000.00 55,000.00 96,000.00 pd 42420 in 2011 ENG 0.00 0.00 0.00 0.00 0.00 0.00 09-00038-00-TL 0.00 7,865.44 7,865.44 7,865.44 need to auth- ENG I 1 0.00 1 1 1 0.00 1 1 0.00 see attached bill 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS 0.00 314,769.31 0.00 331,651.97 646,421.28 424,592.59 193,817.20 28,011.49 22,901.91 447,494.50 Page 2 of 2 BLR 15106&(Rev.06107) 1/13/2012 8:34 AM MFT-R015 S T A T E f I L L I N O I S 01/05/09 PAGE 120' DEPARTMEN = TRANSPORTATION - H,.DUAL - LOCAL AGENCY MOTOR FUEL TAX. AUDIT REPORT DISTRICT 03 COUNTY 093 AGENCY TYPE 3 AGENCY NAME YORKVILLE TRANS. TRANS. TRANS. SECTION UNOBLIGATED DATE TYPE NUMBER NUMBER CATEGORY ALLOTMENT AUTHORIZATION CREDIT PAY TO STATE BALANCE $ 393, 130.76 12-31-07 ALLOTMENT $ 26,051 . 16 $ 419, 181 .92 01-09-08 AUTH 080109479 070003500TL ENGINERNG $ 1 ,089.36 $ 418,092.56 01-09-08 AUTH 080109484 030003100FP ENGINERNG $ 8,862.00 $ 409,230.56 01-09-08 AUTH 080109488 030003100FP ENGINERNG $ 10,283.81 $ 398,946.75 01-09-08 CREDIT 080109490 010002700FP CONT CONS $ 13,016.92 $ 411 ,963.67 01-25-08 AUTH 080125173 030003100FP ENGINERNG $ 5,238.98 $ 406,724.69 01-31-08 ALLOTMENT $ 27,862.93 $ 434,587-62 02-04-08 AUTH 080204655 060003300TL CONT CONS $ 560.00 $ 434,027.62 02-07-08 AUTH 080207149 050003200FP ENGINERNG $ 455.00 $ 433,572.62 02-29-08 ALLOTMENT $ 24,099.45 $ 457,672.07 03-11-08 AUTH 080311735 030003100FP ENGINERNG $ 33,762.27 $ 423,909.80 03-28-08 AUTH 080328850 030003100FP ENGINERNG $ 8,813.42 $ 415,096.38 03-31-08 ALLOTMENT $ 24, 177.43 $ 439,273.81 04-03-08 AUTH 080403024 080000000GM MAINT $ 112,520.00 $ 326,753.81 04-03-08 CREDIT 080403118 070000000AC INTEREST $ 25, 119.06 $ 351,872.87 04-03-08 AUTH 080403119 060000000GM MAINT $ 997.50 $ 350,875.37 04-18-08 AUTH 080418553 030003100FP ENGINERNG $ 13,693.44 $ 337, 181 .93 04-30-08 ALLOTMENT $ 25,080.81 $ 362,262.74 05-08-08 AUTH 080508175 030003100FP ENGINERNG $ 7,500.00 $ 354,762.74 05-31-08 ALLOTMENT $ 29, 198.86 $ 383,961.60 06-23-08 AUTH 080623673 030003100FP ENGINERNG $ 19,342.48 $ 364,619. 12 06-30-08 ALLOTMENT $ 22, 168.80 $ 386,787.92 07-08-08 AUTH 080708044 080000000GM MAINT $ 25,289.35 $ 361 ,498.57 07-15-08 AUTH 080715224 030003100FP ENGINERNG $ 17,843. 15 $ 343,655.42 07-31-08 ALLOTMENT $ 24,556.81 $ 368,212.23 08-14-08 AUTH 080814099 080000000GM MAINT $ 24,979.00 $ 343,233.23 08-31-08 ALLOTMENT $ 22,403.09 $ 365,636.32 09-12-08 AUTH 080912105 030003100FP ENGINERNG $ 12,690.90 $ 352,945.42 09-29-08 AUTH 080929549 080000000GM MAINT $ 1 ,084.25 $ 351,861 . 17 09-30-08 ALLOTMENT $ 20,529.61 $ 372,390.78 10-01-08 CREDIT 081001609 010002700FP CONT CONS $ 448.00 $ 372,838.78 10-29-08 AUTH 081029535 070003500TL CONT CONS $ 112,459.51 $ 260,379.27 10-29-08 CREDIT 081029665 090000003AC OTHER CAT $ 15,510.00 $ 275,889.27 10-31-08 ALLOTMENT $ 27,911 .41 $ 303,800.68 11-17-08 AUTH 081117032 080003700RS ENGINERNG $ 8,250.00 $ 295,550.68 11-20-08 AUTH 081120296 080000000GM MAINT $ 45,908.80 $ 249,641 .88 11-30-08 ALLOTMENT $ 19,043. 11 $ 268,684.99 TOTALS $ 293,083.47 $ 471 ,623.22 $ 54,093.98 $ .00 $ 268,684.99 MFT-R015 S T A T E O F I L L I N 0 15 U1/U4/1U PAGE 1205 DEPARTMENT TRANSPORTATION - A. L - LOCAL AGENCY MOlu., FUEL TAX AUDIT REPORT DISTRICT 03 COUNTY 093 AGENCY TYPE 3 AGENCY NAME YORKVILLE TRANS. TRANS. TRANS. SECTION UNOBLIGATED DATE TYPE NUMBER NUMBER CATEGORY ALLOTMENT AUTHORIZATION CREDIT PAY TO STATE BALANCE $ 268,684.99 12-31-08 ALLOTMENT $ 27,212.37 $ 295,897.36 01-13-09 AUTH 090113830 080003700RS ENGINERNG $ 1 ,650.00 $ 294,247.36 01-27-09 AUTH 090127774 080000000GM MAINT $ 26,373.60 $ 267,873.76 01-31-09 ALLOTMENT $ 26,824.79 $ 294,698.55 02-28-09 ALLOTMENT $ 26, 129.70 $ 320,828.25 03-26-09 AUTH 090326803 030003100FP ENGINERNG $ 17,286.85 $ 303,541 .40 03-26-09 AUTH 090326804 030003100FP ENGINERNG $ 3,840.47 $ 299,700.93 03-31-09 ALLOTMENT $ 24,019.62 $ 323,720.55 04-30-09 ALLOTMENT $ 22,373.38 $ 346,093.93 05-04-09 AUTH 090504210 030003100FP ENGINERNG $ 5,583.87 $ 340,510.06 05-19-09 AUTH 090519746 090000000GM MAINT $ 276,422.50 $ 64,087.56 05-27-09 AUTH 090527042 080003700RS ENGINERNG $ 1 ,227.27 $ 62,860.29 05-31-09 ALLOTMENT $ 30,557.58 $ 93,417.87 06-05-09 AUTH 090605616 030003100FP ENGINERNG $ 9,305.62 $ 84, 112.25 06-30-09 ALLOTMENT $ 24,431. 13 $ 108,543.38 07-31-09 ALLOTMENT $ 40,535.20 $ 149,078.58 08-06-09 AUTH 090806480 080003700RS ENGINERNG $ 7,311 .50 $ 141 ,767.08 08-31-09 ALLOTMENT $ 34,057. 14 $ 175,824.22 09-15-09 AUTH 090915793 080003700RS ENGINERNG $ 30,801 .05 $ 145,023. 17 09-30-09 ALLOTMENT $ 27,917.44 $ 172,940.61 10-08-09 AUTH 091008245 080003700RS ENGINERNG $ 12,629.54 $ 160,311 .07 10-27-09 CREDIT 091027970 100000003AC OTHER CAT $ 24,687.00 $ 184,998.07 10-31-09 ALLOTMENT $ 28,369.60 $ 213,367.67 11-10-09 AUTH 091110112 080003700RS ENGINERNG $ 1 ,696.66 $ 211 ,671 .01 11-12-09 CREDIT 091112187 080003700RS ENGINERNG $ 30,801 .05 $ 242,472.06 11-12-09 CREDIT 091112188 080003700RS ENGINERNG $ 12,629.54 $ 255, 101 .60 11-12-09 CREDIT 091112189 080003700RS ENGINERNG $ 7,311 .50 $ 262,413. 10 11-30-09 ALLOTMENT $ 46,048.73 $ 308,461.83 12-03-09 AUTH 091203803 080003700RS ENGINERNG $ 496.57 $ 307,965.26 12-08-09 AUTH 091208892 030003100FP ENGINERNG $ 30,000.00 $ 277,965.26 TOTALS $ 358,476.68 $ 424,625.50 $ 75,429.09 $ .00 $ 277,965.26 MFT-R015 S T A T E f I L L I N O I S 01/03/11 PAGE 121 ' DEPARTMEN TRANSPORTATION - AN,NJAL - LOCAL AGENCY MOTOR FUEL TAX AUDIT REPORT DISTRICT 03 COUNTY 093 AGENCY TYPE 3 AGENCY NAME YORKVILLE TRANS. TRANS. TRANS. SECTION UNOBLIGATED DATE TYPE NUMBER NUMBER CATEGORY ALLOTMENT AUTHORIZATION CREDIT PAY TO STATE BALANCE $ 277,965.26 12-31-09 ALLOTMENT $ 34,637.05 $ 312,602.31 01-19-10 AUTH 100119114 080003700RS ENGINERNG $ 547. 12 $ 312,055. 19 01-28-10 AUTH 100128503 080003700RS ENGINERNG $ 755. 17 $ 311,300.02 01-31-10 ALLOTMENT $ 40,259.38 $ 351,559.40 02-01-10 AUTH 100201676 030003100FP ENGINERNG $ 2,420.00 $ 349, 139.40 02-09-10 AUTH 100209118 030003100FP ENGINERNG $ 12,500.00 $ 336,639.40 02-28-10 ALLOTMENT $ 31 ,704. 15 $ 368,343.55 03-01-10 CREDIT 100301100 030003100FP ENGINERNG $ .50 $ 368,344.05 03-01-10 AUTH 100301101 030003100FP ENGINERNG $ .02 $ 368,344.03 03-02-10 AUTH 100302115 080003700RS ENGINERNG $ 12,685.58 $ 355,658.45 03-02-10 CREDIT 100302134 OBOOOOOOOAC INTEREST $ 9,832.94 $ 365,491.39 03-02-10 CREDIT 100302135 090000000AC INTEREST $ 894.47 $ 366,385.86 03-02-10 AUTH 100302142 080003700RS CONT CONS $ 97,440.72 $ 268,945. 14 03-31-10 ALLOTMENT $ 34,534.20 $ 303,479.34 04-08-10 AUTH 100408212 100000000GM MAINT $ 245,000.00 $ 58,479.34 04-12-10 AUTH 100412356 080003700RS ENGINERNG $ 298. 15 $ 58, 181. 19 04-30-10 ALLOTMENT $ 36,524. 19 $ 94,705.38 05-07-10 AUTH 100507366 080003700RS ENGINERNG $ 705.84 $ 93,999.54 05-31-10 ALLOTMENT $ 35,337.89 $ 129,337.43 06-30-10 ALLOTMENT $ 33,399.04 $ 162,736.47 07-19-10 AUTH 100719606 080003700RS ENGINERNG $ 582.60 $ 162, 153.87 07-29-10 AUTH 100729970 030003100FP ENGINERNG $ 20,000.00 $ 142, 153.87 07-29-10 AUTH 100729971 030003100FP ENGINERNG $ 1 ,427.62 $ 140,726.25 07-29-10 AUTH 100729972 030003100FP ENGINERNG $ 1 ,800.38 $ 138,925.87 07-30-10 CREDIT 100730072 030003100FP ENGINERNG $ 3,750.00 $ 142,675.87 07-31-10 ALLOTMENT $ 36,201.75 $ 178,877.62 08-31-10 ALLOTMENT $ 35,211.55 $ 214,089. 17 09-13-10 CREDIT 100913078 080003700RS ENGINERNG $ 298. 15 $ 214,387.32 09-13-10 CREDIT 100913079 080003700RS ENGINERNG $ 705.84 $ 215,093. 16 09-13-10 CREDIT 100913080 080003700RS ENGINERNG $ 755. 17 $ 215,848.33 09-13-10 CREDIT 100913081 080003700RS ENGINERNG $ 582.60 $ 216,430.93 09-13-10 CREDIT 100913082 080003700RS ENGINERNG $ 547. 12 $ 216,978.05 09-13-10 CREDIT 100913083 080003700RS ENGINERNG $ 496.57 $ 217,474.62 09-13-10 CREDIT 100913084 080003700RS ENGINERNG $ 1,696.66 $ 219, 171 .28 09-30-10 ALLOTMENT $ 40,536.39 $ 259,707.67 09-30-10 CREDIT 100930758 110000003AC OTHER CAT $ 24,674.00 $ 284,381.67 10-05-10 AUTH 101005842 090003900GR CONT CONS $ 20,261 .54 $ 264, 120. 13 10-05-10 AUTH 101005843 090003900GR CONT CONS $ 2,866. 13 $ 261,254.00 10-31-10 ALLOTMENT $ 29,696. 11 $ 290,950. 11 11-02-10 CREDIT 101102304 110000010AC OTHER CAT $ 73, 122.00 $ 364,072. 11 11-30-10 ALLOTMENT $ 37,878. 11 $ 401,950.22 TOTALS $ 425,919.81 $ 419,290.87 $ 117,356.02 $ .00 $ 401 ,950.22 CfTy Reviewed By: X06 Legal ❑ Agenda Item Number ■ Finance Presentation#2 EST. -� __ti 1838 Engineer ■ City Administrator ■ : Human Resources ■ Tracking Number Community Development ■ Police CC 2012-10 ■ Public Works ■ Agenda Item Summary Memo Title: Fiscal Year 13 Budget Presentation Meeting and Date: City Council—February 14, 2012 Synopsis: Presentation of the Water fund, Sewer fund, Parks and Recreation fund, and REC Center fund. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: A full-copy of the proposed budget is available for viewing on the City website or in the January 24, 2012 City Council packet. Memorandum To: City Council EST. -�` Yid 1s36 From: Bart Olson, City Administrator -- � � CC: Date: January 20, 2012 C<wrMY Sad �LE ��'` Subject: FY 13 budget presentation and timeline The FY 13 budget narrative is attached to this memo. The budget is scheduled to be discussed on the following timeline: 1) The complete draft of the budget will be made available publicly on Friday,January 20th. 2) We will be presenting the budget at City Council meetings in various sections over the next month and a half. a. Presentation of the Sunflower Estates SSA fund, Fox Hill SSA fund, MFT fund, Municipal Building Impact Fee fund, Police Capital fund, Public Works Capital fund, Parks Capital fund, Debt service fund, Land-cash fund, Library fund, Fox Industrial TIF fund, Countryside TIF fund, and Downtown TIF fund will be made at the City Council meeting on Tuesday,January 24th. b. Presentation of the Water fund, Sewer fund, Parks and Recreation fund, and REC Center fund at the City Council meeting will be made at the City Council meeting on Tuesday, February 14tH. c. Presentation of the General fund and City-wide Capital fund will be made at the City Council meeting on Tuesday, February 28th. 3) We anticipate a public hearing for the entire budget at the City Council meeting on Tuesday,March 13th. We anticipate the first open-ended discussion on the budget this same evening by the City Council. 4) Open-ended discussions on the budget can be scheduled for the last meeting in March (March 27th) and both meetings in April (April 10th and 24th). The budget may be approved at any one of these three meetings. This timeline is one month earlier than what we did last year. Last year, we distributed the budget on Friday, February 18th and had a discussion on the entire budget at the Special City Council meeting on Saturday, February 26th. This year, the entire budget and its presentation will be completed before the date of our first presentation last year.