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Public Works Packet 2011 06-21-11 o United City of Yorkville 800 Game Farm Road EST. '� 1836 Yorkville, Illinois 60560 -e. i Telephone: 630-553-4350 Fax: 630-553-7575 KwMI Cou* �? SCE AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, June 21, 2011 6:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: May 17, 2011 New Business: 1. PW 2011-39 Residential Solid Waste Franchise Agreement 2. PW 2011-40 Route 71 (Route 47 — Orchard Rd.) — IDOT Letter of Understanding 3. PW 2011-41 100 Bridge Street Plaza— Permanent Fire Hydrant Easement 4. PW 2011-42 Safe Routes to School — Sidewalk Easements 5. PW 2011-43 Emerald Ash Borer Update 6. PW 2011-44 Progressive Energy Natural Gas Proposal and Meter Consolidation Old Business: 1. PW 2011-25 Downtown Parking Lot Status Update & Alternative Analysis 2. PW 2011-34 Water Ordinance — Turning on Water Service Prior to Full Bill Payment 3. PW 2010-82 Illinois Prevailing Wages Discussion Additional Business: UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, June 21, 2011 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. May 17, 2011 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2011-39 Residential Solid Waste Franchise Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2011-40 Route 71 (Route 47-Orchard Rd.)—IDOT Letter of Understanding ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2011-41 100 Bridge Street Plaza—Permanent Fire Hydrant Easement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2011-42 Safe Routes to School— Sidewalk Easements ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2011-43 Emerald Ash Borer Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2011-44 Progressive Energy Natural Gas Proposal and Meter Consolidation ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2011-25 Downtown Parking Lot Status Update &Alternative Analysis ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2011-34 Water Ordinance—Turning on Water Service Prior to Full Bill Payment ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2010-82 Illinois Prevailing Wages Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- c/Ty Reviewed By: Agenda Item Number 2 i o J a T Legal ❑ Minutes Finance ❑ EST. 1 � 1836 Engineer ❑ Tracking Number y City Administrator ❑ °^Y `O Public Works ❑ dal Cou^ty El`E Agenda Item Summary Memo Title: Minutes of the Public Works Committee—May 17, 2011 Meeting and Date: Public Works— 6/21/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Minute Taker Name Department Agenda Item Notes: DRAFT PUBLIC WORKS COMMITTEE MEETING Tuesday, May 17, 2011 6:30 pm City Hall Conference Room Committee Members: Chairman George Gilson Alderman Jackie Milschewski Alderman Larry Kot City Staff Mayor Gary Golinski City Administrator Bart Olson Public Works Director Eric Dhuse City Engineer Joe Wywrot Others Present Tony Scott—Kendall County Record Jill Duchnowski—Kendall County Patch Jeff Freeman—EEI Robert Dearborn—Bridge Street Cafe Dave Richmond Rainier Galliano The meeting was called to order by Chairman George Gilson at 6:30pm Minutes for Correction/Approval—April 19, 2011 The minutes were approved as read. Items Recommended for Consent Aienda -None New Business 1. PW 2011-25 Downtown Parking Lot Status Update and Alternative Analysis Bob Dearborn of the Bridge Street Cafe addressed the downtown parking north of the old jail. Joe Wywrot and Krysti Barksdale-Noble prepared a summary and site analyses of the 9 sites evaluated. The City-State agreement was discussed and Wywrot noted that the City has to acquire the property, design the project and do the construction. Gilson felt the design was too steep and the city should not move forward with this design. The City has received $151,000 of the $643,000 earmarked for the lost parking spots 1 Other parking alternatives were briefly discussed including the empty lot adjacent to Kendall Pub. Alderman Kot said this empty lot might be more valuable as commercial property, but also agreed any new parking should be on the west side of Rt. 47. He also questioned the safety of this lot since it had been backfilled. This lot was also recognized for its size and later salability. Improvements to this lot would be more aesthetically pleasing as well. Parking near the old courthouse was also discussed. Wywrot noted that the State agreement says a construction contract must be awarded by July 2013. Mr. Olson added the following timelines: 1) if no decision is made in the next 30 days, the City will miss the construction season. 2) He believes the State would agree to an extension of the July 2013 date if no decision is made now. Alderman Milschewski asked about the old hotel lot as a parking site. Mr. Wywrot said the owner would not agree to sell, but would only lease the lot. She also asked if the cement wall on Route 47 and the Muellner building would remain—both will be removed during construction Wywrot said any diagonal parking on Van Emmon would only result in a few additional parking spots. Chairman Gilson asked staff to explore alternative properties and the cost. Bart Olson will bring ideas to the committee next month for the Kendall Pub lot, Dearborn lot and Groner lot. Construction costs will be calculated and he will also discuss with IDOT. (out of sequence) Minutes for Correction/Approval–April 19, 2011 The minutes were approved as read. 2. PW 2011-26 Com2 Electronics Recycling Contract Renewal This is an existing contract up for renewal and has no cost to the City. The site is located at the Public Works building where citizens can drop off recyclable electronics. Alderman Milschewski noted that the term"Village"needs to be revised in the agreement. Staff recommends the contract be renewed and this item will move to the consent agenda. (out of sequence) 14. PW 2011-38 Game Farm Road/Somonauk Street Project–ROW& Temporary Easement Acquisition Money has been appropriated to purchase the parcels for easements. There are 27 separate parcels and Wywrot recommended authorizing the City Administrator to approve the necessary acquisitions on behalf of the City Council. Resident Mr. Rainier Galliano was present and stated he had not yet received a check for the parcel he sold. Olson said he had not been authorized, though spending has been 2 approved and the money is budgeted in MFT. He will update the committee as to the progress of the acquisitions. Mr. Olson explained the process saying an appraiser will determine a Fair Market Value and an offer will be made to the property owner. If the offer is rejected, the matter will go to City Council for approval, to negotiation or court. If accepted,the check could be cut to the landowner. This matter will move forward to consent agenda with an amendment following above guidelines. 3. PW 2011-27 Committee Meeting Date and Time The committee decided to hold their committee meetings at 6pm on the third Tuesday of the month. A Public Notice will be published. 4. PW 2011-28 Water Department Reports for March &April 2011 Eric Dhuse commented that the report next month will show a water main break. No other comment was made and this moves forward to the consent agenda. 5. PW 2011-29 Roadway Signs for State Champion YHS Wrestlers Mr. Dhuse said he contacted the State regarding the purchase of a $100 sign recognizing outstanding wrestlers. Gilson suggested that if the State disapproves, the school should be asked to purchase it. The coach will be contacted about the possible purchase and it was also suggested that the City should purchase it as a last resort 6. PW 2011-30 Nuisance Ordinance for Weeds Chairman Gilson said any weeds over 8 inches in height would create complaints and he would like this ordinance re-examined. Administrator Olson explained that weeds over 8 inches are cut by the City and the owner is invoiced and/or a ticket issued. Alderman Kot noted that many weed lots are in foreclosure and wondered if banks would comply with the mowing etc. A recent meeting at Grande Reserve concerned weeds and a mix of seeds was developed to discourage weeds and require less maintenance. This type of seed mix is a recognized option for 1 acre or larger lots or 3 contiguous lots. The cost is $157/acre to plant. The committee recommended trying this program for a year. Following discussion, Gilson suggested striking the height exception "d" in the ordinance. If no payments are received from property owners for mowing, liens can be placed on the property. Liens as well as time to procure them will be explored by Joe Wywrot. 7. PW 2011-31 Kendall Marketplace Development Infrastructure Update The development has gone back to the Bank of America. Wywrot explained there is private and public punchlist work to be completed. There are 2 specific bond funds and 3 he felt there are enough funds to cover the work. He discussed the pond on the property and the poor drainage. The pond bottom is flooded for long periods of time and kills any vegetation. He suggested natural growth. Alderman Gilson said the City should take advantage of the bond funds to complete the work needed to make the property more marketable. Two-thirds of the shopping center is built with the outlots remaining. Bart Olson asked for a timeline of completion for next month's meeting and the committee consensus was to proceed with the work. (out of sequence) Old Business: 1. PW 2011-12 802 S. Bridge Street—Proposed Groundwater Ordinance Joe Wywrot said this item had been sent to City Council with a revised ordinance and was sent back to this committee for review. Dave Richmond spoke on behalf of this item and said the ultimate goal is for the owner of this property(former Yorkville Marathon) to receive a "no further remediation letter" from the Illinois EPA. The land can then be sold by those parties who inherited the property. The current renter wishes to purchase this property and without the letter,the property is in "legal limbo." To obtain the letter,the City must to agree to not take potable water from that area. By adopting the ordinance it will allow the Illinois EPA to sign off on the letter and the property can be sold, however, the property will never be cleaned. There are 3 levels of contamination: industrial level, construction worker level and residential level. Part of the land underneath Orange Street has been contaminated with benzene at the industrial level of cleanup. The extent of the contamination is not known, however, 3 locations still exceed allowable levels and the contaminated soil is 5 feet underground. It was noted that currently there is a list of 1,000 sites to be cleaned. This item will moved forward to the consent agenda to pass the ordinance. (Out of sequence--back to New Business) 8. PW 2011-32 Saravanos—LOC Call Update Mr. Wywrot said this property is now in receivership and the structure is a steel shell. The potholes will be discussed with the bank/owner. This matter will come back to this committee for an update after he contacts the bank rep. Information only at this time. 9. PW 2011-33 Cost of Maintaining Bike Trails Chairman Gilson said he wished to bring this item to City Council for further discussion. He has spoken to the non-profit group raising funds for future bike trails. Administrator Olson discussed the costs of trails and maintenance. The trails would be 10 foot wide per federal policy. The trail would begin at Rt. 71 then to Rte. 126 and north to Kennedy Rd. 4 Mr. Gilson said he polled residents and the concern was staff time to maintain trails. Other subdivision trail systems were also discussed. Alderman Kot suggested that the Police Department be contacted for their thoughts on design and safety of the trails. Administrator Olson will calculate the cost for all trails. Gilson wishes to bring this item forward to the Council as information and it will be on the agenda in June. It was noted that the non-profit group had a fall deadline to raise the funds. 10. PW 2011-34 Water Ordinance Turning on Water Service Prior to Full Bill Payment This item was tabled by request of Alderman Teeling. 11. PW 2011-35 Ordinance Updating Intersection Signage Control A preliminary ordinance was introduced regarding traffic control signs. Mr. Wrywrot said there were no ordinances to back up some of the signs. It would also give the Chief of Police the authority to add certain intersections to a master list of controlled locations. The current ordinance references only about 90 intersections. Over time, many locations were not added to the list because they were approved as part of certain developments. This ordinance will be reviewed by Attorney Orr and then moved to the consent agenda. 12. PW 2011-36 Sunflower Estates Unit 3— Warranty Punchlist 13. PW 2011-3 7 Heartland Circle— Warranty Punchlist Mr. Wywrot discussed the above 2 items together. Both developments had been accepted a year ago and have now been inspected a year later. Dead trees were found and bonds will be called if the trees are not replaced. Both these items will move to the Council consent agenda. Old Business 2. PW 2010-82 Illinois Prevailing Wages Discussion Attorney Orr sent an email to Mr. Olson recommending language changes regarding wages and benefits paid for public works. Chairman Gilson suggested that "eligibilities" for prevailing wages be included as well as exceptions, in notices to bidders. Administrator Olson will ask Attorney Orr to review and provide revised documents. This will be brought back to committee in June. 3. PW 2010-91 Vehicle Registrations for Road Maintenance Fund Administrator Olson stated the previous City Council was opposed to vehicle stickers, however, he asked for opinions from new Council members. The committee consensus was opposed to this measure. This item was killed in committee. 5 Additional Business Alderman Milschewski brought forward a concern about the sidewalks on Heustis near Orange and Fox. Some of the walks are on private property and narrower easements will be needed for reconstruction She also mentioned the grants for "Safe Routes to School" and the 5-foot required width of the sidewalks for that grant. Alderman Kot asked if a notice would be given to area residents since the construction of the walks could alter their front yards. Residents are being informed if an easement is needed and the project is only in the design stage at this time. Alderman Milschewski asked if a map was available to show which streets are involved in this project. This sidewalk replacement will be discussed in Administrator Olson's weekly report. In another matter, Alderman Kot requested a Table of Organization for Public Works and Public Safety to show the number of personnel and their duties. There was no further business and the meeting was adjourned at 8:47pm. Minutes respectfully submitted by Marlys Young 6 c/Ty Reviewed By: Agenda Item Number J� a 0 Legal ❑ Finance El NB #1 EST. , 1836 Engineer ❑ 4O y City Administrator Tracking Number Police ❑ Ke^aao c°^ry <E `��,� Human Resources El PW 2011-39 Public Works ❑ City Council Agenda Item Summary Memo Title: Solid Waste Franchise Agreement Meeting and Date: Public Works—June 21, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N / A Action Taken: Item Number: Type of Vote Required: N/ A Council Action Requested: Discussion and direction on current plan Submitted by: Bart Olson Administration Name Department Agenda Item Notes: .��0 Co.y o Memorandum "' To: City Council EST. �Z 1836 From: Bart Olson, City Administrator .4 ` CC: O C u oY, p Date: June 16, 2011 Count Seat Subject: Solid Waste Franchise Agreement The City has a franchise agreement with Veolia for residential solid waste collection that is set to expire in April 2012. That franchise agreement is attached. Within the agreement is an option to extend the contract for two, 2-year terms, as long as those terms are negotiated 120 days prior to the end of the term. Thus, the City has until December 31, 2011 to decide whether it wants to extend the current contract (and negotiate with Veolia individually), or submit a new RFP for the service. A copy of the last RFP the City had for this service is attached. Staff is seeking direction on the current solid waste collection services, and if there is an initial preference for changing the plan. When that direction is given, staff will entertain an offer from Veolia and present that offer to the committee—at which time the committee can direct us to further negotiate with Veolia or prepare an RFP. The current solid waste collection plan For one monthly fee (escalates throughout the contract), residents receive: 1) Two 64 gallon wheeled toters; one for recycling and one for recycling 2) Pickup of those toters once per week 3) The ability to change the size of either toter to 33 gallons or 95 gallons, for a$5 monthly upcharge. 4) The ability to dispose of additional items in excess of the refuse placed in the toter, for $1 per unit a. Disposal units are defined as: i. Refuse that fits in a 33 gallon container ii. Refuse or debris bundled together that does not exceed three feet in diameter, six feet in length and 50 pounds in weight. iii. Any one miscellaneous or odd-shaped item that does not exceed 50 pounds in weight. 5) The ability to dispose of one "bulk" item per week a. Bulk items are defined as: i. Discarded large household appliances, including freezers, stoves, trash compactors, washers, dryers, pianos, organs, tables, chairs, mattresses, box springs, sofas, etc. White goods(refridgerators) and electronic goods (TVs) are specifically excluded from this definition. 6) Unlimited yard waste collection every week between the first collection day in April to the last collection day in November. a. Yard-waste, in a krafl paper bag that does not exceed 33 gallons in capacity and 50 pounds in weight b. Bundles of brush that does not exceed 2 feet in diameter, 4 feet in length, and 50 pounds in weight 7) Curbside Christmas tree collection during the first two weeks in January of each year. 8) Two amnesty days per year(one in spring, one in fall), which allow an unlimited amount of refuse, bulk items, white goods, and up to 4 car tires per house. 9) Refuse collection and recycling at all City facilities, with the City having the discretion to change container sizes and facilities. 10)Refuse and recycling collection, and portable toilets at Hometown Days, the 4th of July parade, and other special events. 11)Delayed pickups during the weeks that contain New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. i United CITY of Yorkville Contract for United CITY of Yorkville Garbage, Refuse, Recycling and Yard Waste Collection This contract is made as of May 1 , 2007, by and between the United CITY of Yorkville, IL (CITY) and Veolia ES Solid Waste Midwest, LLC. . (CONTRACTOR). RECITALS WHEREAS, the CITY desires to enter into an agreement with CONTRACTOR for refuse, recycling and yard waste collection within the CITY; and WHEREAS, CONTRACTOR desires to provide refuse, recycling, and yard waste collection within the CITY; and WHEREAS, CONTRACTOR submitted the lowest price for refuse, recycling and yard waste collection services in response to an RFP for said services dated March 19, 2007. NOW, THEREFORE, the CITY and the CONTRACTOR agree as follows: I. TERMS AND CONDITIONS 11 CITY ORDINANCES 1 . 1 The successful CONTRACTOR will strictly comply with all ordinances of the CITY of Yorkville and laws of the State of Illinois. 2 USE OF CITY'S NAME 2. 1 The CONTRACTOR is specifically denied the right of using in any form or medium the name of the CITY for public advertising unless express permission is granted by the CITY. 3. INDEMNITY AND HOLD HARMLESS AGREEMENT 3 . 1 To the fullest extent permitted by law, the CONTRACTOR shall indemnify, keep and save harmless the CITY 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 CONTRACTOR, its employees, or its subcontractors, and the CONTRACTOR, its employees, or its subcontractors, and the CONTRACTOR 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 in any such action, the CONTRACTOR shall, at its own expense, satisfy and discharge the same. This Agreement shall not be construed as requiring the CONTRACTOR to indemnify the CITY for its own negligence. The CONTRACTOR shall indemnify, keep and save harmless the CITY only where a loss was caused by the negligent, willful or reckless acts or omissions of the CONTRACTOR, 1 United CITY of Yorkville its employees, or its subcontractors. 4. NONDISCRIMINATION 4. 1 CONTRACTOR 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 execution of this contract, the CONTRACTOR 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. 4.2 It is unlawful to discriminate on the basis of race, color, sex, national origin, ancestry, age, marital status, physical or mental handicap or unfavorable discharge for military service. CONTRACTOR 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 5/1 - 10let. seq., and The Americans With Disabilities Act, 42 U.S.C. Secs. 12101 et. seq. 51 SEXUAL HARASSMENT POLICY 5 . 1 The CONTRACTOR, as a party to a public contract, shall have a written sexual harassment policy that: 5. 1 . 1 Notes the illegality of sexual harassment; 5 . 1 .2 Sets forth the State law definition of sexual harassment; 5 . 1 .3 Describes sexual harassment utilizing examples; 5 . 1 .4 Describes the CONTRACTOR's internal complaint process including penalties; 5 . 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 5 . 1 .6 Describes the protection against retaliation afforded under the Illinois Human Rights Act. 6. EQUAL EMPLOYMENT OPPORTUNITY 6. 1 In the event of the CONTRACTOR's non-compliance with the provisions of this Equal Employment Opportumity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), the CONTRACTOR 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. 2 United CITY of Yorkville During the performance of this contract, the CONTRACTOR agrees as follows: 6. 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. 6. 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. 6. 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 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. 6. 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 CONTRACTOR'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 CONTRACTOR in its efforts to comply with such Act and Rules and Regulations, the CONTRACTOR will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 6. 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. 6. 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. 6. 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 3 United CITY of Yorkville subcontractor. In the same manner as with other provisions of this contract, the subcontractor 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 CONTRACTOR 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. 7. DRUG FREE WORK PLACE 7. 1 CONTRACTOR, as a party to a public contract, certifies and agrees that it will provide a drug free workplace by: 7.2 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 or CONTRACTOR'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. 7.3 Establishing a drug free awareness program to inform employee's about: ( 1 ) the dangers of drug abuse in the workplace; (2) the CITY's or CONTRACTOR'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. 7.4 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. 7.5 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. 7.6 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. 7.7 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. 7.8 Making a good faith effort to continue to maintain a drug free workplace through 4 United CITY of Yorkville implementation of the Drug Free Workplace Act. S. PREVAILING WAGE ACT 8. 1 CONTRACTOR agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed under this contract. CONTRACTOR 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. 8.2 CONTRACTOR 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 CONTRACTOR in connection with the contract. This record shall be open to inspection at all reasonable hours by any representative of the CITY or the Illinois Department of labor and must be preserved for four (4) years following completion of the contract. 9. INSURANCE REQUIREMENTS — 9. 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 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. 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 $ 5,0009000 9.2 Commercial General Liability Insurance required under this paragraph shall be written on an occurrence form and shall include coverage for Products/Completed Operations, 5 United CITY of Yorkville 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.'' 9.3 Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned, hired and non-owned automobiles. 9.4 Workers Compensation coverage shall include a waiver of subrogation against the CITY. 9.5 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. 9.6 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 "CITY of Yorkville, its 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 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 shall be endorsed to provide that the insurance provided under each policy shall be Primary and Non-Contributory. 9.7 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 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 terminate this Agreement pursuant to its terms. 9.8 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. Renewal certificates shall be provided to the CITY 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 shall provide satisfactory evidence of compliance with all insurance requirements. The CITY 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 shall have the right to examine any policy required and evidenced on the Certificate of Insurance. 6 United CITY of Yorkville 10, COPYRIGHT/PATENT INFRINGEMENT 10. 1 The CONTRACTOR agrees to indemnify, defend, and hold harmless the CITY against any suit, claim, or proceeding brought against the CITY for alleged use of any equipment, systems, or services provided by the CONTRACTOR that constitutes a misuse of any proprietary or trade secret information or an infringement of any patent or copyright. 11 . COMPLIANCE WITH OSHA STANDARDS 11 . 1 Equipment supplied to the CITY 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. 12. CERCLA INDEMNIFICATION 12. 1 In the event this is a contract that has environment aspects, the Awarded CONTRACTOR shall, to the maximum extent permitted by law, indemnify, defend, and hold harmless the CITY, its 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 CONTRACTOR, both before and after its disposal. 13. SUBLETTING OF CONTRACT 13 . 1 No contract awarded by the CITY shall be assigned or any part sub-contracted without the written consent of the City Administrator. In no case shall such consent relieve the Awarded CONTRACTOR from their obligation or change the terms of the contract. 15. TERMINATION OF CONTRACT 15 . 1 The CITY reserves the right to terminate the whole or any part of this contract, upon ten (10) days' written notice to the Awarded CONTRACTOR, in the event of default by the Awarded CONTRACTOR. Default is defined as failure of the Awarded CONTRACTOR 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 CONTRACTOR fails to cure the default upon notice, and the CITY declares default and termination, the CITY may procure, upon such terms and in such manner as the CITY may deem appropriate, supplies or services similar to those so terminated. The Awarded CONTRACTOR shall be liable for any excess costs for such similar supplies or services unless acceptable evidence is submitted to the CITY that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Awarded CONTRACTOR. Any such excess costs incurred by the CITY may be set-off against any monies due and owing by the CITY to 7 United CITY of Yorkville the Awarded CONTRACTOR. 16. BILLING & PAYMENT PROCEDURES 16. 1 Payment will be made upon receipt of an invoice. Once an invoice has been verified, the invoice will be processed for payment in accordance with the CITY payment schedule, policy and procedures. 16.2 The CITY 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 CONTRACTOR requesting payment as soon as possible after discovering the defect pursuant to rules promulgated under 50 ILCS 505/1 et seq. The notice shall identify the defect and any additional information necessary to correct the defect. 16.3 Please send all invoices to the attention of CITY of Yorkville, Accounts Payable, 800 Game Farm Road, Yorkville, IL 60560. 17, RELATIONSHIP BETWEEN THE CONTRACTOR AND THE CITY 17. 1 The relationship between the CITY and the CONTRACTOR 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. 18. STANDARD OF CARE, 18 . 1 . Services performed by CONTRACTOR 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. 18.2 If the CONTRACTOR fails to meet the foregoing standard, CONTRACTOR will perform at its own cost, and without reimbursement from the CITY, the professional services necessary to correct errors and omissions caused by CONTRACTOR's failure to comply with the above standard and reported to CONTRACTOR within one (1 ) year from the completion of CONTRACTOR's services for the Project. 19. GOVERNING LAW 19. 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. 20. SUCCESSORS AND ASSIGNS 20. 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. 8 United CITY of Yorkville The CONTRACTOR will provide a list of key staff, titles, responsibilities, and contact information to include all expected subContraetors. 21 . WAIVER OF CONTRACT BREACH 21 . 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. 22. AMENDMENT 22. 1 This Agreement will not be subject to amendment unless made in writing and signed by all parties. 23. CHANGE ORDERS 23 . 1 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. Not withstanding the foregoing, upon petition from the Contractor to the City, the rates may be increased on a pro-rata basis to reflect any increased costs actually incurred by Contractor due to any unforeseen or unusual change or interpretation in law, increased labor costs, increased fuel costs or increased governmental fee, which increase shall be evidenced by empirical documentation reasonably acceptable to the City provided by Contractor. 24. SEVERABILITY OF INVALID PROVISIONS 24. 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. 25. NOTICE 25 . 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 as follows: CITY Administrator CITY of Yorkville 800 Game Farm Road, Yorkville, IL 60560 And to the CONTRACTOR as designated in the Contract Forth. 9 United CITY of Yorkville III. DETAILED SPECIFICATIONS 26, DEFINITIONS 26. 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. 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 has executed the Contract for Solid Waste Collection and Disposal Services 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 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. 10 United CITY of Yorkville 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. 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. 11 United CITY of Yorkville Household Garbage shall mean garbage and rubbish as collected from the residents of the CITY of Yorkville 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 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 (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. "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. 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. 12 United CITY of Yorkville 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 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 to inform and encourage residents to use the recycling collection services and other waste collection and disposal services of the CITY. 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 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 13 United CITY of Yorkville specifically defined (for example: "yard-waste"). Refuse Sticker shall mean a biodegradable paper stamped with the CITY name and the CONTRACTOR' s name and telephone number providing the solid waste services for the CITY. 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 biodegradable natural 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, 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. 27. DESCRIPTION OF THE CITY'S SOLID WASTE PROGRAM 27. 1 Refuse, yard-waste, and curbside recycling services are provided to residences located 14 United CITY of Yorkville within the CITY on a once-per-week basis. The program, being a modified volume based program, based on a monthly fee for pickup of all refuse, consisting of one-64 gallon tote, and a $ 1 charge for each refuse disposal unit beyond the 64-gallon tote, unlimited yard waste, and unlimited recycling. As part of program, the CONTRACTOR will supply the customer with a 64-gallon refuse tote and a 64-gallon recycling tote, and will allow a customer to downsize or upsize to a 33 gallon tote or a 96 gallon tote for either the recycling or refuse program, for a cost outlined in Appendix 1 . 27. 2 BULK ITEMS, as herein defined, are considered subject to collection by the CONTRACTOR, according to the terms and definitions of this contract. The CONTRACTOR will make available the collection of (1 ) one bulk item per week from residential UNITS at no additional cost to the resident. Individual residents will be responsible to contact CONTRACTOR and make arrangements for collection of additional BULK ITEMS on an individual basis. 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. 27.3 Yard-waste collection shall begin each year on the lst collection day in April and end the last collection day in November. 28, SCOPE OF WORK 28 . 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. 28.2 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. 29. COLLECTION UNITS 29. 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. 30. GARBAGE AND REFUSE COLLECTION; PREPARATION AND PLACEMENT OF DISPOSAL UNITS 30. 1 The CONTRACTOR agrees to provide, at its own expense, one 64-gallon tote to each single-family residence in the CITY of Yorkville for the purposes of garbage collection. The CONTRACTOR will allow a customer to downsize or upsize to a 33 gallon tote or a 96 gallon tote for the refuse program, provided that the customer pays for the downsize or upsize as outlined in Appendix 1 . The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts 15 United CITY of Yorkville that become worn or damaged through normal usage. 30.2 The CONTRACTOR shall provide weekly collection of garbage and refuse for all occupied UNITS within the CITY. All GARBAGE and REFUSE as herein defined that is designated for collection and disposal hereunder must be placed in the provided carts. 30.3 Additional refuse material may be placed in covered cans or containers not to exceed thirty-three (33) gallons in capacity with a maximum weight for any one container and its contents not to exceed fifty (50) pounds. The minimum can or container shall not be less than fifteen (15) gallons. Heavy duty bags which are securely fastened shall be considered proper containers so long as they do not exceed thirty-three (33) gallons capacity and are fifty (50) pounds or less 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). A $ 1 prepaid sticker must be attached to each bag or can in excess of the provided cart prior to collection by the CONTRACTOR. 30.4 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. 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. 30.5 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 CITY 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. 31 . ACCEPTABLE/UNACCEPTABLE MATERIAL 31 . 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. 31 .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. 32. EXAMINATION OF SERVICE AREA 32. 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 16 United CITY of Yorkville 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. 33. ALTERNATIVES AND DEVIATIONS 33 . 1 The specifications included in this package describe existing services which the CITY believes are necessary to meet performance requirements of the CITY and shall be considered the minimum standards expected of the CONTRACTOR. 34 CHRISTMAS TREE COLLECTION 34. 1 The CONTRACTOR will provide curbside collection service of live Christmas trees two (2) weeks during the I " 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 of Yorkville for this service. The CONTRACTOR and the CITY 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. 35, YARD-WASTE/BUNDLED BRUSH COLLECTION 35 . 1 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). 36. RECYCLABLE MATERIAL PROGRAM 36. 1 The CONTRACTOR agrees to provide, at its own expense, one 64-gallon tote to each single-family residence in the CITY of Yorkville for the purposes of recycling collection. CONTRACTOR will allow a customer to downsize or upsize to a 33 gallon tote or a 96 gallon tote for the recycling program, provided that the customer pays the cost of the upsize or downsize as provided for in Appendix 1 . 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. 36.2 The CITY of Yorkville' s recyclable material program shall remain voluntary on the part 17 United CITY of Yorkville of any person receiving residential scavenger service as covered tinder 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. All revenue collected from the sale of recyclable material shall be the property of the CONTRACTOR. The CONTRACTOR shall have representatives available to participate in community-sponsored events promoting environmental awareness. 36.3 The method in which the recyclables are to be generally sorted for collection by the household shall be commingled within the recycling container(s). 36.4 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. 36.5 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. 36.6 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 reserves the right to approve the type of containers purchased by the CONTRACTOR. 36.7 The CONTRACTOR shall pick up all recyclable material placed in the recycling existing 64 gallon totes, or 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. 36. 8 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, 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 and the CONTRACTOR prior to its use. 18 United CITY of Yorkville 36.9 The CITY 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 also reserves the right to phase in at a later date, any materials) which the CONTRACTOR has indicated an ability to collect but which the CITY 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. 37. AMNESTY DAY 37. 1 The CONTRACTOR shall provide for a spring and fall curbside collection of additional refuse and bulk items as defined herein, on a date(s) that is mutually agreed upon between the CONTRACTOR and the CITY. 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. 38. COLLECTION FROM CITY-OWNED FACILITIES 38. 1 At no additional cost, the CONTRACTOR shall collect, transport, and dispose of all refuse, yard-waste and recyclables from all CITY-owned facilities as set forth in Exhibit B . The CONTRACTOR shall furnish, at no additional cost to the CITY, at each municipal building served, containers for refuse, yard-waste and recyclables as requested by the CITY's Designated Representative, with the size to be agreed upon. The CITY 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, 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. 39. STICKER DESIGN AND DISTRIBUTION 39. 1 The CITY has the sole authority to approve or disapprove the design and constriction 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 CITY of Yorkville title and be consecutively numbered for record keeping and balancing purposes. The CONTRACTOR will deliver stickers to retail outlets and the CITY 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 19 United CITY of Yorkville for local retail outlets to aid in the sale of the stickers. The CITY also may act as a disposal sticker retailer for the CONTRACTOR. 40. BILLING PROCEDURES 40. 1 The CONTRACTOR shall bill the CITY for all serviced UNITS within the CITY. The CITY shall provide the CONTRACTOR with the number of occupied UNITS within the CITY on a monthly basis. 41 . MONTHLY REPORTING 41 . 1 The CONTRACTOR shall prepare and submit to the CITY a monthly refuse, yard-waste and recycling material report, due by the 25`h of the following month. The report shall include the following information for all residential scavenger service covered under this contract: 41 .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 of Yorkville customers during the month. 41 .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 of Yorkville customers during the month. 41 .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 ofrecyclables; 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 of Yorkville customers during the month. 42. CONSUMER EDUCATION 42. 1 Upon request, the CONTRACTOR agrees to provide CITY residents with such educational materials as the CITY 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 its residents for the printing and distribution of any consuuner education materials. 43. TITLE TO WASTES 43 . 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. 44. DISPOSAL 44. 1 All refuse and yard-waste collected shall be removed from the CITY by the 20 United CITY of Yorkville 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. 44.2 In the event that a landfill is sited, permitted and operational in the City limits of Yorkville, during the term of this contract, the Contractor agrees to deliver the solid waste generated under this contract to that facility providing however that doing so does not cause any increase in Contractor's operational costs. The City and the Contractor agree to negotiate in good faith an increase or decrease in the rates hereunder if Contractor's operational costs increase or decrease as a result of delivering the waste to the Yorkville landfill. 45. RATES AND SPECIAL RATES 45 . 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. 46. SPECIAL & EMERGENCY COLLECTIONS 46. 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) for refuse and recycling collection and free portable toilets during the CITY's annual Hometown Days, 4th of July Parade and celebration in the park, and other special events which were provided service under the previous contract. The CITY and the CONTRACTOR may mutually agree to emergency pick-up services for disasters including, but not limited to, flood, wind and snow 47. SCHEDULE AND TIME OF COLLECTIONS 47. 1 The CITY of Yorkville shall be divided into collection areas and a regular weekday collection shall be assigned to each area. A map of the CITY of Yorkville, designating collection areas shall be made a part of this contract and attached hereto as Exhibit A. 47.2 The schedule shall not be changed without first obtaining consent from the CITY Administrator or designee, and not without giving a minimum of thirty (30) days written notice to all parties affected by the change. The CITY may, at its discretion, waive the minimum time limits required. This waiver must be in writing and signed by the CITY 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 21 United CITY of Yorkville shall be considered a breach and default of the contract and grounds for immediate termination of the contract. 47.3 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. 48, HOLIDAYS 48. 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 48.2 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. 49. SCHEDULE ADHERANCE 49. 1 If, at any time during the term of this contract, the CONTRACTOR shall collect any section of the CITY on a day other than the scheduled day, the CONTRACTOR shall immediately notify the CITY 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 will notify the CONTRACTOR by certified mail and withhold any further payment that may be due under the contract until the CONTRACTOR has famished evidence satisfactory to the CITY that the CONTRACTOR has taken necessary actions and precautions to prevent further violations. The CITY may determine that this second or subsequent collection violation as a breach of contract, and therefore the CITY 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 or the CITY' s Designated Representative shall be the judge of whether delays constitute a violation, or not. 50. PLACE OF PICK-UP 50. 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. 51 . REPLACEMENT DAMAGE 51 . 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. The containers so supplied shall remain the property of the CONTRACTOR. 22 United CITY of Yorkville 52. COLLECTION VEHICLES 52. 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 Designated Representative, after an actual demonstration of the vehicle on the streets of Yorkville. 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 Ordinances for vehicles, vehicle operators and specialty equipment. 53. EMPLOYEES 53 . 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 Designated Representative. 54. ACCIDENT PREVENTION 54. 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 Constriction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. 55. COMPLAINT PROCEDURE 23 United CITY of Yorkville 55 . 1 All complaints received by the CONTRACTOR shall be given prompt and courteous attention. The CITY 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 cormnencement of this Contract. The CONTRACTOR will supply the CITY with sufficient NCR forms for logging of complaints by City of Yorkville staff Any complaint received by the CITY 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 55.2 The CONTRACTOR shall provide the CITY with name, phone number, and email address for an individual to serve as point person for purposes of CITY staff contact with the CONTRACTOR. 56. COMPLAINTS 56. 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 (except with respect to unacceptable waste or improperly prepared waste) even though in its opinion, the customer is in error; and that it will immediately report the same to the CITY's Designated Representative so that the CITY 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. 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 within two (2) business days. As noted above, the CONTRACTOR shall supply to the CITY 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 in minimizing complaints from customers. Continued unreasonable complaint levels, as determined by the CITY, 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 to terminate this Contract after notice and an opportunity to be heard. 57. CUSTOMER VIOLATIONS OF CITY CODE 57. 1 The CONTRACTOR shall have the right to notify any customer of noncompliance with the applicable Yorkville 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 CITY. 24 United CITY of Yorkville 58. NEW CUSTOMERS 58. 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 agrees to make every effort possible to alert the new customer to the collection procedure for refuse, recycling and yard-waste. 59. EXCLUSIVE GRANT/INTENT 59. 1 The CITY agrees that in consideration of the faithful performance of the obligations herein undertaken by the CONTRACTOR, the CITY does, by execution of this Contract pursuant to CITY Code, give and grant to the 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. This grant expressly includes the right and duty to service any land annexed to the CITY 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 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. While the CITY 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. 62. TERM OF CONTRACT 62. 1 Section 14. 1 of the Terms and Conditions document is hereby waived. The term of the Contract will be five (5) years, and shall commence at 12:01 a.m. on May 1 , 2007 and shall remain in full force and effect through termination at 11 :59 p.m. on April 30, 2012. 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, 2014. This contract may be extended no more than twice for subsequent annual periods (two annual extensions) by mutual agreement of both parties, providing such agreement complies with CITY purchasing policies and the availability of funds. 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. 63. STICKER REFUND 63 . 1 At the end of the Contract term, should the CITY select a different scavenger service, the CONTRACTOR agrees to refund to all customers, retailers and the CITY, 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. 25 United CITY of Yorkville 64. PERFORMANCE BOND 64. 1 The CONTRACTOR shall provide the CITY with a performance bond issued by a surety in an amount of $500,000. 65. EMERGENCIES 65 . 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, the CONTRACTOR may be requested to provide additional services beyond those contemplated herein for the collection of materials in the normal and ordinary course, provided that the CITY and the CONTRACTOR shall mutually agree to the scope of services and compensation to the CONTRACTOR. 66 LOCALIMPROVEMENTS 66. 1 The CITY of Yorkville reserves the right to construct any improvement or to permit any constriction 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. 67. TAXES, LICENSES & PERMITS 67. 1 The CONTRACTOR shall pay all sales, use, property, income, and other taxes that are lawfully assessed against the CITY 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 satisfactory evidence that it has all permits, licenses, and certificates of authority required to operate for the term of this contract. 68. DEFAULT 68 . 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 Designated Representative, there has not been sufficient cause to justify such lack of observance, the CITY 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 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. 69. STRIKES/FORCE MAJEURE 69. 1 The CONTRACTOR shall be required to file proof with the CITY Administrator or his 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 26 United CITY of Yorkville CONTRACTOR shall forward to the CITY Administrator within thirty (30) days thereafter, proof that said agreement also contains a "no strike" clause. In the event of a labor related strike or picketing by CONTRACTOR' S employees, the CONTRACTOR shall exert commercially reasonable efforts to ensure the continuation of its contracted collection services to the CITY. 69.2 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, may, at its option, cause such waste to be collected and disposed of by any reasonable-means available to the CITY, 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 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 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 can only be an amount which is in excess of the total amount that the CITY would have otherwise paid to the Contractor for collection over the duration of the labor dispute. The CONTRACTOR shall promptly notify the CITY 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 27 United CITY of Yorkville IV. CONTRACT FORM Entire Block Must Be Completed To Be Considered an Executed Contract CONTRACTOR: Veolia ES Solid Waste Midwest , LLC Date: April 25 , 2007 Company Name Bob . Pfister @veoliaes . com 1210 Lyon Street Email Address Street Address of Company Robert F . Pfister Batavia , Illinois 60510 Contact Name (Print) CITY, State, Zip ( 708 ) 774 - 2586 ( 630 ) 587 - 8282 24-Hour Telephone Business Phone 28 United CITY of Yorkville ( 630 ) 761 - 0077 Signature of Officer, Partner or Fax Sole Proprietor Regional VP P • t me & Title ATTEST: If a Corporation Signature ofetperiex SeereE Municipal Marketing Manager CITY OF YORKVILLE: LIZ ATTEST:51 Authorized gignature n L eel Af c f ITY Clerk Title { / Z7 /a -7 Z7101 Date Date 29 United CITY of Yorkville APPENDIX 1 GENERAL PRICE QUOTATION SHEET Please provide all costs associated with once a week, same day refuse, yard waste, leaf, and recycling collection services for each year in accordance with the following schedule: Year 5 5/01/07- 5/01/08- 5/01/09- i i Description of Service 4/30/08 4/30/09 4/30/10 4/30/11 1. Monthly Prices (Shall include 2 Amnesty Day Collection and Live Christmas tree collection for two weeks in January at no additional cost Refuse, yard waste, and recycling collection program as outlined in $ 19.10 per $ 19.67 per $ 20.26 per $ 20.87 per $ 21 .50 per the contract, one 64 month month month month month gallon refuse tote, and one 64 gallon recycling tote 2. Other Components Special Collections (charge $18 per yard $19 per yard $20 per yard $21 per yard $22 per yard per cubic yard) Cost of 96 gallon or 33 $5 per month $5 per month $5 per month $5 per month $5 per month gallon refuse cart or per cart per cart per cart per cart per cart recycling cart 30 United CITY of Yorkville APPENDIX 2 REQUIRED RECYCLABLES 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 31 United CITY of Yorkville EXHIBIT A SOLID WASTE COLLECTION DAY MAP See attached 32 WIT] o as MR 0 47 o IL ❑� �34 34 �Q 71 o a �a � 4 Pickup Day 4\\ �❑0 Monday - Tuesday - Wednesday - Thursday �� - Friday -- _ United City of Yorkville GIS United CITY of Yorkville EXHIBIT B SERVICES FOR MUNICIPAL AND PUBLIC FACILITIES Location - Service Type Size Frequency Library Refuse 1 -1 .5 yd Ix/wk 902 Game Farm Road Recycling 1 -1 .5 yd lx/wk CITY Hall and Police Refuse 1-6 yd 2x/wk Department Recycling 1 -2 yd cardboard lx/wk 800 Game Farm Road Recycling (paper) 6-96 gallon toters lx/wk Public Works Recycling 1-2 yd cardboard lx/wk 610 Tower Lane Refuse 1 -20 yd open lx/wk Parks and Recreation Refuse 1 -20 yd open Ix/wk Satellite Office at Old Post Recycling 1 -96 gallon toter Ix/wk Office Recycling 1- 1 yd cardboard lx/wk 201 W. Hydraulic Avenue Parks and Recreation Refuse 1 -1 .5 yd lx/wk Riverfront Administrative Recycling 2-96 gallon toter lx/wk Building 301 E. Hydraulic Parks and Recreation Refuse 1-1 .5 yd lx/wk Riverfront Program Recycling 2-96 gallon toter lx/wk Building 131 E. Hydraulic Beecher Center Refuse 1 -4yd refuse lx/wk 908 Game Farm Road Recycle 1-2yd recycle 1x/wk All CITY Rentals Refuse 96 gal.toters, 33 gal. toters, 18 When Required gal. toters 30 yd open dumpster 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. All equipment to be provided or furnished by CONTRACTOR hereunder shall remain the property of CONTRACTOR. 33 REQUEST FOR PROPOSAL Name of Proposing Company: Project Name: Solid Waste Collection Services Proposal No.: Proposal Due: Monday, March 19, 2007 cni 4:30 p.m. Proposal Opening_ Monday, March 19, 2007 4:31 p.m. Required of All Proposers: Deposit: $5,000.00 Letter of Capability of Acquiring Performance Bond: Not Required Required of Awarded Contractor: Performance Bond/Letter of Credit: $500,000.00 Certificate of Insurance: Required Legal Advertisement Published: Thursday, March 1, 2007 Date Issued: Friday, February 23, 2007 This document consists of 44 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: JOHN CROIS 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. The City Council 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, March 19, 2007 at 4:30 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, March 19, 2007 at 4:31 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: John Crois, 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. 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. All requests for interpretations or clarifications shall be made in writing and received by the City 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 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. 2.5 The proposer hereby affirms and states that the prices quoted herein constitute the total cost to the City for all work involved in the respective items and that this cost 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 3 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, shall furnish security for performance acceptable to the City 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 City and available from the City'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 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, delivered F.O.B. City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560. 6. TAX EXEMPTION 6.1 The City 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. Our federal identification will also be provided to selected vendor. 7. RESERVED RIGHTS 7.1 The City of Yorkville 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 the City. Time and date requirements for receipt of proposal will not be waived. 4 II. TERMS AND CONDITIONS 8. CITY ORDINANCES 8.1 The successful proposer will strictly comply with all ordinances of the City of Yorkville and laws of the State of Illinois. 9 USE OF CITY'S NAME 9.1 The proposer is specifically denied the right of using in any form or medium the name of the City for public advertising unless express permission is granted by the City. 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 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 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 for its own negligence. The Proposer shall indemnify, keep and save harmless the City 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. 11.2 It is unlawful to discriminate on the basis of race, color, sex, national origin, ancestry, age, marital status, 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. 5 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 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 6 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 or 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. 14.3 Establishing a drug free awareness program to inform employee's about: (1) the dangers of drug abuse in the workplace; (2) the City'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 7 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 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 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. 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) 8 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. 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 "City of Yorkville, its 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 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 shall be endorsed to provide that the insurance provided under each policy shall be Primary and Non-Contributory. 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 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 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. Renewal certificates shall be provided to the City 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 shall provide satisfactory evidence of compliance with all insurance requirements. The City shall not be obligated to review such certificates or other evidence of insurance, or to advise Contractor or Subcontractor of any deficiencies in such 9 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 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 against any suit, claim, or proceeding brought against the City 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 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, its 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 written consent of the City Administrator. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 21. TERM OF CONTRACT 21.1 This contract may be extended no more than twice for subsequent annual periods (two annual extensions) by mutual agreement of both parties, providing such agreement complies with City purchasing policies and the availability of funds. However, if this contract is not one that is subject to extension, such information will be available in the detailed specifications or special conditions section, supra. 22. TERMINATION OF CONTRACT 22.1 The City 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 declares default and termination, the City may procure, upon such terms and in such manner as the City may 10 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 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 may be set-off against any monies due and owing by the City to the Awarded Proposer. 23. BILLING & PAYMENT PROCEDURES 23.1 Payment will be made upon receipt of an invoice. Once an invoice has been verified, the invoice will be processed for payment in accordance with the City payment schedule, policy and procedures. 23.2 The City 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 to the attention of City of Yorkville, Accounts Payable, 800 Game Farm Road, Yorkville, IL 60560. 24. RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY 24.1 The relationship between the City 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. 25.2 If the Proposer fails to meet the foregoing standard, Proposer will perform at its own cost, and without reimbursement from the City, 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 11 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. 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 as follows: City Administrator City of Yorkville 800 Game Farm Road. Yorkville, IL 60560 And to the Proposer as designated in the Contract Form. 12 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. 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 has executed the Contract for Solid Waste Collection and Disposal Services 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 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 13 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. 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 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 14 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 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 Sticker(also referred to as Yard-waste Sticker) shall mean a special biodegradable sticker with glue that adheres to plastic and paper during weather extremes provided by the Contractor to retailers for sale to the public wherein the purchase price includes the Contractor's total collection, processing, and sale/disposal costs for Landscape Waste. Landscape Waste (also referred to as Yard-waste) shall mean hard landscape waste and soft landscape waste. Large Household Item (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), switches containing mercury, and PCB's (polychlorinated biphenyls) shall all fit into this definition. 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. 15 PET shall mean polyethylene terephthalate. Performance Bond shall mean the form of security approved by the City 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 to inform and encourage residents to use the recycling collection services and other waste collection and disposal services of the City. 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 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 name and the Contractor's name and telephone number providing the solid waste services for the City. 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. 16 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 biodegradable natural 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, 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 CITY'S SOLID WASTE PROGRAM 34.1 Refuse, yard-waste, and curbside recycling services are provided to residences located within the City on a once-per-week basis. For purposes of this proposal, the City is requiring one bid for each of two different solid waste programs. The first program, herein referenced as "Program A", being a modified volume based program, based on a monthly fee for pickup of all refuse, consisting of one-64 gallon tote, and a $1 charge for each refuse disposal unit beyond the 64-gallon tote, unlimited yard waste, and unlimited recycling. As part of Program A, the Contractor will supply the customer with a 64-gallon refuse tote and a 64-gallon recycling tote, and will provide a quote for cost to be charged to a customer to downsize or upsize to a 33 gallon tote or a 96 gallon tote for either the recycling or refuse program. The second program, herein referenced as "Program B", being the same as Program A, except that the sticker and $1 fee shall be administered, sold, and all revenue realized by the City as outlined below in Section 37.1 and 37.2. 17 34. 2 BULK ITEMS, as herein defined, are considered subject to collection by the CONTRACTOR, according to the terms and definitions of this contract. The CONTRACTOR will make available the collection of(1) one bulk item per week from residential UNITS at no additional cost to the resident. Individual residents will be responsible to contact CONTRACTOR and make arrangements for collection of additional BULK ITEMS on an individual basis. 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. 34.3 Yard-waste collection shall begin each year on the 1St 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 The CONTRACTOR agrees to provide, at its own expense, one 64-gallon tote to each single-family residence in the City of Yorkville for the purposes of garbage collection. The contractor will provide a quote for cost to be charged to a customer to downsize or upsize to a 33 gallon tote or a 96 gallon tote for the refuse program. 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. 37.2 The CONTRACTOR shall provide weekly collection of garbage and refuse for all occupied UNITS within the CITY. All GARBAGE and REFUSE as herein defined that is designated for collection and disposal hereunder must be placed in the provided carts. 37.3 For Program A and Program B, additional refuse material may be placed in covered cans or containers not to exceed thirty-three (33) gallons in capacity with a maximum weight for any one container and its contents not to exceed fifty(50) pounds. The minimum can or container shall not be less than fifteen(15) gallons. Heavy duty bags which are securely fastened shall be considered proper containers so long as they do not 18 exceed thirty-three (33) gallons capacity and are fifty(50) pounds or less 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). A $1 prepaid sticker must be attached to each bag or can in excess of the provided cart prior to collection 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. 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. 37.5 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 City 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 on the parkways, premises, or streets are to be cleaned up in a workmanlike manner. 38. ACCEPTABLE/UNACCEPTABLE MATERIAL 38.1. UNACCEPTABLE MATERIAL: 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 RFP document. 40. ALTERNATIVES AND DEVIATIONS 40.1 The specifications included in this package describe existing services which the City believes are necessary to meet performance requirements of the City 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 19 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 shall assume it is able to fully comply with these specifications. The City shall be the sole and final judge of compliance with all specifications. 40.5 The City further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations The City 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' 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 of Yorkville for this service. The Contractor and the City 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 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). 43. RECYCLABLE MATERIAL PROGRAM 43.1 The CONTRACTOR agrees to provide, at its own expense, one 64-gallon tote to each single-family residence in the City of Yorkville for the purposes of recycling collection. Contractor will provide a quote for cost to be charged to a customer to downsize or upsize to a 33 gallon tote or a 96 gallon tote for the recycling program. 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. 20 United City of Yorkville 43.2 The City of Yorkville'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. All revenue collected from the sale of recyclable material shall be the property of the Contractor. The Contractor shall have representatives available to participate in community-sponsored events promoting environmental awareness. 43.3 The method in which the recyclables are to be generally sorted for collection by the household shall be commingled within the recycling container(s). 43.4 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. 43.5 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. 43.6 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 reserves the right to approve the type of containers purchased by the Contractor. 43.7 The Contractor shall pick up all recyclable material placed in the recycling existing 64 gallon totes, or 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. 43.8 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, 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 and the 21 United City of Yorkville Contractor prior to its use. 43.9 The City 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 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 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 and bulk items as defined herein, on a date(s) that is mutually agreed upon between the CONTRACTOR and the CITY. 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 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 City-owned facilities as set forth in Exhibit B. The Contractor shall furnish, at no additional cost to the City, at each municipal building served, containers for refuse, yard-waste and recyclables as requested by the City's Designated Representative, with the size to be agreed upon. The City 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, any and all containers fumished 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—Program A 46.1 The City has 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 City of Yorkville title and be consecutively numbered for record keeping and balancing purposes. The Contractor will deliver stickers to retail outlets and the City 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 also may act as a disposal sticker retailer 22 United City of Yorkville for the Contractor. 47. STICKER DESIGN AND DISTRIBUTION—Program B 47.1 The City has the sole authority to approve or disapprove the design and construction of the refuse 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 City's name and telephone number and be consecutively numbered for record keeping and balancing purposes. The Contractor will deliver stickers to retail outlets upon City request. 47.2 The Contractor shall be responsible for the printing and distribution to the City of an ample and always available supply of waste stickers. The City shall realize all revenue from sticker sales. 48. BILLING PROCEDURES 48.1 The CONTRACTOR shall bill the City for all serviced UNITS within the City. The City shall provide the contractor with the number of occupied UNITS within the City on a monthly basis. 49. MONTHLY REPORTING 49.1 The Contractor shall prepare and submit to the City 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 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 of Yorkville 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 of Yorkville 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 of Yorkville customers during the month. 50. CONSUMER EDUCATION 23 United City of Yorkville 50.1 Upon request, the Contractor agrees to provide City residents with such educational materials as the City 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 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 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) for refuse and recycling collection during the City's annual Hometown Days, 4th of July Parade and celebration in the park, and other special events which were provided service under the previous contract. The City 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 of Yorkville shall be divided into collection areas and a regular weekday collection shall be assigned to each area. A map of the City of Yorkville, 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 designee, and not without giving a minimum of thirty(30) days written notice to all parties affected by the change. The City may, at its discretion, waive the minimum time limits required. This waiver must be in writing and signed by the City 24 United City of Yorkville 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 on a day other than the scheduled day, the Contractor shall immediately notify the City 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 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 that the Contractor has taken necessary actions and precautions to prevent further violations. The City may determine that this second or subsequent collection violation as a breach of contract, and therefore the City 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 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 by the City. 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, 25 United City of Yorkville which suffer damage caused by the Contractor. The containers so supplied shall then belong to the user. 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 Designated Representative, after an actual demonstration of the vehicle on the streets of Yorkville. 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 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 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 26 United City of Yorkville 63.1 All complaints received by the Contractor shall be given prompt and courteous attention. The City 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 with sufficient NCR forms for logging of complaints by City of Yorkville staff. Any complaint received by the City 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 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 Designated Representative so that the City 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. 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 within two (2) business days. As noted above, the Contractor shall supply to the City 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 in minimizing complaints from customers. Continued unreasonable complaint levels, as determined by the City, 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 to terminate this Contract after notice and an opportunity to be heard. 65. CUSTOMER VIOLATIONS OF CITY CODE 65.1 The Contractor shall have the right to notify any customer of noncompliance with the applicable Yorkville 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 City. 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 agrees to 27 United City of Yorkville 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 agrees that in consideration of the faithful performance of the obligations herein undertaken by the Contractor, the City does, by execution of this Contract pursuant to City Code, give and grant to the 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. This grant expressly includes the right and duty to service any land annexed to the City 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 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. While the City 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. Proposals submitted without the required security shall be rejected. After formal written notification by the City that a contract award decision has been made, the proposal security of the successful Contractor shall be forfeited to the City 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 28 United City of Yorkville 70. TERM OF CONTRACT 70.1 Section 21.1 of the Terms and Conditions document is hereby waived. The term of the Contract will be five (5) years, and shall commence at 12:01 a.m. on May 1, 2007 and shall remain in full force and effect through termination at 11:59 p.m. on April 30, 2012. 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, 2014. 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. 71. STICKER REFUND 71.1 At the end of the Contract term, should the City select a different scavenger service, the Contractor agrees to refund to all customers, retailers and the City, 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 the City with a performance bond issued by a surety in an amount 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, the Contractor's equipment shall be placed at the disposal of the City upon request for such temporary use, provided that upon such use the City shall pay the operating cost of such equipment and labor as it is used. The City reserves the right to direct which disposal sites are to be used during an emergency. 74 LOCAL IMPROVEMENTS 74.1 The City of Yorkville 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. 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 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 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) 29 United City of Yorkville consecutive working days, and in the opinion of the City's Designated Representative, there has not been sufficient cause to justify such lack of observance, the City 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 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 Designated Representative, the City 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 or his 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 within thirty(30) days thereafter, proof that said agreement also contains a "no strike" clause. 78.2 Should nevertheless, a strike occur which lasts more than three (3) calendar days, the City shall be permitted to institute such procedures to collect and dispose of the waste to be collected pursuant to this Agreement as the City deems necessary. The Contractor shall be responsible for reimbursing the City for any and all costs it may incur in such an endeavor. 78.3 Neither party shall be deemed in violation of this Agreement for the delay in that party's performance or failure to perform in whole or in part its obligations under this Agreement due to war or act of war(whether an actual declaration is made or not), insurrection, riot, act of public enemy, fire, flood or other act of God or by other events to the extent that such events are caused by circumstances beyond the party's control and are not caused by negligence on the part of that party or anyone acting on its behalf,provided, however, that strikes or work stoppages by Contractor's own work forces shall not be considered events caused by circumstances beyond the Contractor's control. In the event that the delay in performance or failure to perform affects only part of the Contractor's capacity to perform its obligations under this Agreement, the Contractor shall perform such obligations to the extent it is able to do so in as expeditious a manner as possible. The Contractor shall promptly notify the City 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 30 United City of Yorkville 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 31 United City of Yorkville 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: ATTEST: Authorized Signature Signature of City 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. 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. 32 United City of Yorkville 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: 33 United City of Yorkville PROPOSER'S CERTIFICATION (page 1 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, Kendall County County or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work for the City of Yorkville. 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 on a monthly basis along with the invoice and shall be open to inspection at all reasonable hours by any representative of the City 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 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 34 United City of Yorkville 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: 35 United City of Yorkville PROPOSER'S CERTIFICATION (page 3 of 3) The partnership does business under the legal name 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 preceding insurance requirements within 13 days of the award of the contract? Insurer's Name Agent Street Address City, State, Zip Code Telephone Number UWe 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: 36 United City of Yorkville APPENDIX 1 GENERAL PRICE QUOTATION SHEET Please provide all costs associated with once a week,same day refuse,yard waste,leaf,and recycling collection services for each year in accordance with the following schedule: Year I Year 2 Year 3 Year 4 Year 5 5/01/09- I 1 4/30/08 4/30/09 4/30/10 I I 1. Monthly Prices(Shall include 2 Amnesty Day Collection and Live Christmas tree collection for two weeks in January at no additional cost) Refuse,yard waste,and recycling collection program as outlined in the contract as Program $ $ $ $ $ A,one 64 gallon refuse tote,and one 64 gallon recycling tote Refuse,yard waste,and recycling collection program as outlined in the contract as Program $ $ $ $ $ B,one 64-gallon refuse tote,and one 64 gallon recycling tote 2.Other Components of Price Quotation Special Collections(charge $ $ $ $ $ per cubic yard) Cost of 96 gallon or 33 gallon refuse cart or $ $ $ $ $ recycling cart 37 United City of Yorkville APPENDIX 2 REQUIRED RECYCLABLES 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 LJ LJ 38 United City of Yorkville 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.) Section Paragraph Explanation Alternative/Deviation 39 United City of Yorkville 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 40 United City of Yorkville 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 41 United City of Yorkville 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: 42 United City of Yorkville EXHIBIT A SOLID WASTE COLLECTION DAY MAP See attached 43 United City of Yorkville EXHIBIT B SERVICES FOR MUNICIPAL AND PUBLIC FACILITIES Location Service Type Size Frequency Library Refuse 1-1.5 yd lx/wk 902 Game Farm Road Recycling 1-1.5 yd lx/wk City Hall and Police Refuse 1-6 yd 2x/wk Department Recycling 1-2 yd cardboard lx/wk 800 Game Farm Road Recycling(paper) 6-96 gallon toters lx/wk Public Works Recycling 1-2 yd cardboard lx/wk 610 Tower Lane Refuse 1-20 yd open lx/wk Parks and Recreation Refuse 1-20 yd open lx/wk Satellite Office at Old Post Recycling 1-96 gallon toter lx/wk Office Recycling 1-1 yd cardboard lx/wk 201 W.Hydraulic Avenue Parks and Recreation Refuse 1-1.5 yd lx/wk Riverfront Administrative Recycling 2-96 gallon toter Ix/wk Building 301 E.Hydraulic Parks and Recreation Refuse 1-1.5 yd lx/wk Riverfront Program Recycling 2-96 gallon toter lx/wk Buildine 131 E.Hydraulic Beecher Center Refuse 1-4yd refuse lx/wk 908 Game Farm Road Recycle 1-2yd recycle lx/wk All City Rentals Refuse 96 gal.toters, 33 gal. toters, 18 When Required gal.toters 30 yd open dumpster 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. 44 ♦,��0 C/T y Reviewed By: Agenda Item Number J� A 0 Legal ❑ NB #2 1 ,II 11 Finance ❑ EST. �Z 1836 Engineer ■ -�� Tracking Number City Administrator ❑ °°°�^o O Consultant Cea, ❑ Ke da vs—ty PW 2011-40 <�E El Agenda Item Summary Memo Title: Route 71 (Rt.47—Orchard Rd.)—IDOT Letter of Understanding Meeting and Date: June 21, 2011 Public Works Committee Synopsis: This letter of understanding documents the intent of the city and IDOT regarding several items that could be incorporated into the project design. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 0 0 Memorandum �' 1836 To: Bart Olson, City Administrat OLei y From: Joe Wywrot, City Engineer 2p CC: Lisa Pickering, Deputy City Cl k CAE `�♦` Date: May 23, 2011 Subject: Route 71 (Rt.47—Orchard Rd.)—IDOT Letter of Understanding Attached find a Letter of Understanding received from IDOT today regarding their proposed Route 71 project. The purpose of the letter is to document the intent of both IDOT and Yorkville about certain design elements to be incorporated into the project and the corresponding cost- sharing obligations. While this letter of understanding is not a binding agreement, we should not list items in the Letter of Understanding if we have no intent to fund our share of their construction cost. The five items listed in the IDOT letter are explained in more detail as follows: 1. Sidewalk—This sidewalk would be located along the north side of Route 71 (Walsh Drive to Walgreens), on the west side of Route 47 (Rt.71 to the south end of the McDonald's restaurant), and on the west side of Village View Drive (Rt.71 to Muirfield Drive). IDOT would fund 100% of the ROW acquisition and grading work, and also 80% of the pavement construction. The city would fund 20% of the pavement construction. We have received requests from residents of Sunflower Estates in the past for sidewalk so they could walk to Walgreens, so we asked IDOT to include the sidewalk west of Walgreens. The sidewalks to McDonald's and along Village View Drive would eliminate gaps in the sidewalk system within the project limits. The total length of proposed sidewalk is about 1600 feet. 2. Shared-Use Path—There are four general sections to this trail. The first section is along the south side of Rt.71 from the east end of Harris Forest Preserve to Route 47. The second section is along the east side of Rt.47 from Rt.71 to Fountainview Drive. The third section is along the south side of Rt.71 from Rt.47 to Rt.126. The fourth section is along the west side of Rt.71 from Rt. 126 to the eastern city limits, which is about 3000 feet north of Route 126. IDOT would fund 100% of the ROW acquisition and grading work, and also 80% of the pavement construction. The city would fund 20% of the pavement construction. The total length of proposed trail is about 12,000 feet. The Yorkville section of trail is part of a larger system that would connect Harris Forest Preserve to Young Forest Preserve and points to the north. Kendall County has committed to funding the trail in unincorporated areas, and Oswego has committed to funding their section of trail provided that both Yorkville and Kendall County fund their sections. The proposed trail would be bituminous but would be 8 feet wide instead of 10 feet to reduce the cost. This trail would also provide access to the Rt.47/Rt.71 commercial areas for residents of Fox Highlands, Wildwood, Raintree Village and Country Hills similar to the sidewalk described above. 3. Combined lighting—Our practice for several years has been to provide streetlighting at all signalized roadway intersections. The city would pay 100% of the cost of this item. The streetlight poles are combined with the traffic signal poles, hence the term "combined lighting". The lighting would be provided at the Rt.71 intersections with Route 47 and with Route 126. The Route 47/71 intersection currently does not have combined lighting,but does have one Com Ed light on the NE corner. The Route 17/126 intersection has combined lighting on all four corners. 4. Pre-emption equipment—Our practice for several years has also been to equip all traffic signals located within city limits with emergency vehicle pre-emption equipment, which speeds response times and makes passage through these intersections safer for emergency vehicles. The equipment would be provided at the Rt.71 intersections with Route 47 and with Route 126. The city would pay 100% of the cost of this item. The Rt.71/126 intersection currently has pre- emption equipment; we would ask IDOT to give us the salvage rights to that equipment. The Rt.47/71 intersection does not currently have pre-emption equipment. 5. Engineering—IDOT's policy is to charge 15%to design and provide construction inspection for items added to the project by municipalities. IDOT could charge us 15% of the cost of an item listed in the Letter of Understanding even if we delete at a later date; the deciding factor would probably be if the item were fully designed before we decided to delete the item. Please place this item on the June 21, 2011 Public Works Committee agenda for consideration. Illinois Department of Transportation Division of Highways I Region 2/District 3 700 East Norris Drive/Ottawa, Illinois/61350-1628 Telephone 815/434-6131 May 17, 2011 The Honorable Gary Golinski Mayor of Yorkville 800 Game Farm Road Yorkville, IL 60560 Letter of Understanding FAP 311 (IL 71) Section (1,1-1)R Kendall County IL 71 (from IL 47 to IL 126) Local Agency Cost Sharing Dear Mayor Golinski: This letter of understanding is the result of open communication between the city of Yorkville, the Illinois Department of Transportation and various stakeholders as part of the Department's Context Sensitive Solution process concerning IDOT's proposed widening of Illinois Route 71 from IL 47 and extending 5.4 miles to the west side of Orchard Road, in Oswego. IDOT and Yorkville city staff have met on various occasions to discuss the scope of work and the share of cost which will be required from the city of Yorkville. The purpose of this letter is to provide a clear understanding of the cost items and estimated cost the city is to incur. The City's signature of this letter represents Yorkville's commitment to the project. Such a commitment is required so these listed items can be designed into the project. The list below describes some preliminary pay items which require City participation. The city and state will enter into a formal agreement in the year construction begins which will detail the city's share of cost. The total project cost is estimated at $38.2 million. The southwest section of the project (IL 47 to IL 126) is funded at $11.858 million in the Fiscal Year 2012-2017 Proposed Highway Improvement Program. The remaining portion of the project will be monitored and considered for inclusion in future programs. The Department has calculated the following preliminary local participation costs for the city of Yorkville: 1. Sidewalk—20% local cost $10,000 2. Shared-Use Path (8' wide bituminous) —20% local cost $42,000 3. Combined Road Lighting at IL 47 and IL 126— 100% local cost $24,000 4. Pre-emption devices at IL 47 and IL 126— 100% local cost $20,000 5. Engineering — 15% $14,400 Total estimated cost share for the City of Yorkville $110,400 A 10' wide path was offered per Department policy, but Yorkville requested an 8' wide paved path. The Honorable Gary Golinski Page 2 May 17, 2011 Should the City decide in the future to eliminate the work listed above, they may still be responsible for the actual cost of preliminary engineering up to $14,400. Final costs will be based on actual bid prices after the project has been let for construction. Other items, such as utility relocations or sewer casings would also be 100% local agency cost. The Yorkville portion of the project is tentatively scheduled for construction in the Department's FY 2012-2017 Proposed Highway Improvement Program, subject to project readiness and funding availability. You will note two copies of this letter of understanding are enclosed for your review. If you agree with this proposal, please affix your original signature in the space provided on both copies, retain one for your files and return the second copy to this office. If you have any questions or need further information, please contact Mr. Duane Lukkari, Studies and Plans Unit Chief at (815) 434-8565. Sincerely, Eric S. Therkildsen, P.E. Acting Deputy Director of Highways, Region Two Engineer By: Dan Mestelle, P.E. District Program Development Engineer DL:Iw/dl 5-17-11 Letter of Understanding Yorkville cc: Lou Paukovitz Joe Wywrot, City of Yorkville Engineer Francis Klaas, Kendall County Engineer APPROVED: Gary Golinski Date Yorkville Mayor ♦,��0 C/T y Reviewed By: Agenda Item Number J� A 0 Legal ❑ NB #3 1 ,II 11 Finance ❑ EST. �Z 1836 Engineer ■ -�� Tracking Number City Administrator ❑ °°°�^o O Consultant Cea, ❑ Ke da vs—ty PW 2011-41 <�E El Agenda Item Summary Memo Title: 100 Bridge Street Plaza—Permanent Fire Hydrant Easement Meeting and Date: June 21, 2011 Public Works Committee Synopsis: This easement is for construction of a fire hydrant at the NW corner of Route 47 & Hydraulic Ave. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum 7636 To: Bart Olson, City Administrat r From: Joe Wywrot, City Engineer O � CC: Lisa Pickering, Deputy City rk <LE Date: June 2, 2011 Subject: 100 Bridge Street Plaza, Permanent Fire Hydrant Easement Attached find one copy of a proposed permanent easement for the property at the northwest corner of Route 47 and Hydraulic Avenue. This easement is needed for a fire hydrant that we propose to construct as part of IDOT's Route 47 widening project. This area currently has no readily available fire protection; the closest existing hydrant is on the northeast corner of the intersection but to reach that hydrant will require crossing 5 lanes of a busy state highway. The cost of constructing the new fire hydrant would be borne by the city. The area where the hydrant would be located is currently vacant,but the property owner has indicated that he may want to re-develop it at a later date. After discussing this issue at length, we agreed upon language in the easement agreement that would require the city to vacate the easement if required by the redevelopment plan. In that case,however, the city could require the property owner to provide other fire protection for the area. The property owner has signed the easement, and I recommend that it be approved by the City Council and recorded. Please place this item on the June 21, 2011 Public Works Committee agenda for consideration. STATE OF ILLINOIS ) COUNTY OF KENDALL ) GRANT OF PERMANENT FIRE HYDRANT EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantor, Bridge Street Plaza, Inc., in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged do hereby grant,bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns,hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a permanent easement to construct, maintain, and operate a fire hydrant and associated watermains and further the right of access to said area for the maintenance and repair of said fire hydrant if any are actually installed in, upon, and across the tract of land described as follows, to-wit: That part of the Northeast Quarter of Section 32, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southwest Corner of Lot 1 in Block 7 of Black's Addition, according to the plat thereof recorded in Plat Book 4, Page 8; thence South 86°45'44" East 62.16 feet along the south line of said Lot 1 to the Point of Beginning; thence North 3°14'16"East 5.00 feet; thence South 86°45'44"East 5.00 feet;thence South 3°14'16" West 5.00 feet to a point on the south line of said Lot 1; thence North 86°45'44" West 5.00 feet along the south line of said Lot 1 to the Point of Beginning, containing 25.00 square feet, more or less, situated in the United City of Yorkville, Kendall County, State of Illinois. Said grant of easement is made under the additional following terms and conditions: The Grantor hereby grants the right of ingress and egress to said permanent fire hydrant easement to Grantee. The Grantee herein shall and hereby agrees to: 1. Restore the surface of said permanent easement to the condition thereof existing at the time of entry upon same, including repaving of parking areas to a depth matching the existing pavement, and shall leave the surface of such easement level and free of all debris, rocks in excess of two inches (2"), and gravel, and providing a covering of a minimum of six inches (6") of clean, black, fertile top soil and replanting of grass whenever disturbed. 2. Replace all lot lines and property line stakes moved or disrupted in the course of performing working connection with the purpose of which the easement herein is granted. 3. Vacate said easement upon written request from the Grantor following city approval of a building permit application or petition from Grantor to redevelop the property upon which the easement is located, and said redevelopment plan necessitates removal of the fire hydrant. Grantee agrees to not object to vacation of the easement or removal of the fire hydrant during the application or petition approval process,but may require Grantor to provide adequate fire protection elsewhere. 4. Said easement shall be treated as a covenant running with the land. 5. Said easement shall be binding upon the successors, heirs, and assigns of each party hereto. IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands and seals this Z day of ZK e 12011. Mayor Bridge Street Plaza, Inc. Executive Committee Chairman Attest: Attest: City Clerk Secretary Prepared by and return to: Kathleen Field Orr 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 Exhibit A Plat of Permanent Fire Hydrant Easement Part of Lot 1 in Block 7 of Black's Addition Section 32, T 37 N, R 7 E, 3RD PM United City of Yorkville, Kendall County, Illinois 0 cc BL CK 7 Lot 1 5.00' 5.00' 62.16' HYDRAULIC AVENUE ® PERM7HYDRANT(25 SPROP PART OF LOT 1 IN BLOCK 7 OF BLACK'S ADDITION,ACCORDING TO THE PLATTHEREOF RECORDED IN PLAT BOOK 4,PAGE 8,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE SOUTH 86°45'44"EAST 62.16 FEET ALONG THE SOUTH LINE OF SAID LOT 1 TO THE POINT OF BEGINNING;THENCE NORTH 3°14'16"EAST 5.00 FEET;THENCE SOUTH 86°45'44"EAST 5.00 FEET;THENCE SOUTH 3°14'16"WEST 5.00 FEETTO A POINT ON THE SOUTH LINE OF SAID LOT 1;THENCE NORTH 86°45'44"WEST 5.00 FEET ALONG THE SOUTH LINE OF SAID LOT 1 TO THE POINT OF BEGINNING, CONTAINING 25.00 SQUARE FEET,MORE OR LESS,SITUATED IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, STATE OF ILLINOIS. SCALE:1"=50' PERMANENT FIRE HYDRANT EASEMENT 7 100 BRIDGE STREET PLAZA -1 50 25 0 50 DRN.BY:JW UNITED CITY OF YORKVILLE SHEET NO. DATE:5/26/11 REV: I SCALE:V=50' 1 of 1 ♦,��0 C/T y Reviewed By: Agenda Item Number J� A 0 Legal ❑ NB #4 1 ,II 11 Finance ❑ EST. �Z 1836 Engineer ■ -�� Tracking Number City Administrator ❑ °°°�^o O Consultant Cea, ❑ Ke da vs—ty PW 2011-42 <�E El Agenda Item Summary Memo Title: Safe Routes to School— Sidewalk Easements Meeting and Date: June 21, 2011 Public Works Committee Synopsis: These proposed permanent easements will allow us to replace existing deteriorated sidewalk on Heustis Street. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: GRANT OF PERMANENT SIDEWALK EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantors: Donald and Gwendolyn Walters, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged.,do hereby grant,bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a non exclusive,permanent easement (the "Permanent Sidewalk Easement"), as described herein, to construct, replace, maintain, and operate a public sidewalk, in the event any are actually installed in, upon, and across the tracts of land described as follows, to-wit: BURDENEDPARCEL Grantors are the owners of that certain tract of land located on Heustis Street in the United City of Yorkville, Kendall County, State of Illinois and legally described as follows: Lots 1 and 2 of Block 1 of Hopkin's Addition to Yorkville, being a subdivision of a part of the southwest quarter of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian and recorded August 13, 1890 and located on Page 73 of Plat Book 4 of the Kendall County Recorder, located in the United City of Yorkville, Kendall County, Illinois, and commonly known as 602 Heustis Street. PERMANENT SIDEWALK EASEMENT The Permanent Sidewalk Easement shall be that certain real property located upon the Burdened Parcel and legally described at Exhibit A, attached hereto (the "Permanent Easement Area"). Said grant of easement are made under the additional following terms and conditions: 1. Grantee's use of the Permanent Easement Area shall be solely for the purpose of constructing, installing, operating,maintaining, and replacing a public sidewalk in and upon the Permanent Easement Area at Grantee's sole cost and expense. 2. Grantee shall thereafter, at Grantee's sole cost and expense: a. Restore the grassy surface of said Permanent Easement Area in a uniform manner, free of all debris,rocks in excess of one inch (1"), and gravel, and provide a covering of a minimum of four inches (4") of clean, black, fertile top soil, and establish a healthy stand of grass; b. Replace all lot lines and property line stakes moved or disrupted in the course of performing any work in connection with the purpose of which the easements herein are granted. c. Replace/repair any private sidewalks or driveways abutting said public sidewalk that be damaged or need to be replaced due to construction of the public sidewalk. 3. All construction, extension, reconstruction, maintenance, repairs, replacements or any other work by Grantee shall be performed in accordance with all applicable building and construction laws. 4. All notices and demands hereunder shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed, or five (5) days after deposit in the U.S. Mail if sent postage prepaid by United States registered or certified mail, return receipt requested, addressed as follows: If to Grantee: City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 If to Grantors: Donald & Gwendolyn Walters 602 Heustis Street Yorkville, Illinois 60560 5. Said easements shall be treated as a covenant running with the land. 6. Said permanent easement shall be binding upon the successors, heirs, and assigns of each party hereto. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their hands and seal this day of ) 2011. W*/Tars Mayor, United City of Yorkville Owner City Clerk Owner STATE OF ILLINOIS ) COUNTY OF KENDALL ) Donald and Gwendolyn Walters allege and state that they have read the foregoing Grant of Permanent Sidewalk Easement Agreement by them subscribed, that they have knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. all Owner Owner Subscribed and sworn to before me, 7 rd , 2011. $ 3"WNW otary Public NOW PURC-VA1EOFLLNe woommeemmovatimm Prepared by and return to: City Attorney Kathleen Field Orr 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 Exhibit A Plat of Permanent Sidewalk Easement Part of the Southwest Quarter of Section 33, T37N, R7E United City of Yorkville, Kendall County, Illinois E FOX STREET 132.00' 151.0' 151,0' o 2 4 ,5' 2.5' 3 w ILL! c_ H cn F- w 4 2 5 PERMANENT SIDEWALK EASEMENT (0.010ACRE) E WASHINGTON STREET LEGAL DESCRIPTION OF PERMANENT SIDEWALK EASEMENT BEGINNING AT THE SOUTHWEST CORNER OF LOT 2,BLOCK 1 OF HOPKIN'S ADDITION SUBDIVSION,RECORDED ON AUGUST 13,1890 ON PAGE 73 OF PLAT BOOK 4 OF THE KENDALL COUNTY RECORDER,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS;THENCE EAST ALONG THE SOUTH SIDE OF SAID LOT 2 A DISTANCE OF 2.50 FEET;THENCE NORTH A DISTANCE OF 46.50 FEET ALONG A LINE PARALLEL TO THE WEST LINE OF SAID LOT 2;THENCE NORTHEAST TO A POINT 61.50 FEET NORTH AND 6.00 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 2;THENCE NORTH 10.00 FEET ALONG A LINE PARALLELTO THE WEST LINE OF SAID LOT 2;THENCE NORTHWEST TO A POINT 86.50 FEET NORTH AND 2.50 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 2;THENCE NORTH TO A POINT ON THE NORTH LINE OF LOT l OF SAID SUBDIVISION,SAID POINT BEING 2.50 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 1,THENCE WEST 2.50 FEET TO THE NORTHWEST CORNER OF SAID LOT 1;THENCE SOUTH 138.50 FEET ALONG THE WEST LINES OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING,CONTAINING 0.010 ACRES,AND COMMONLY KNOWN AS 602 HEUSTIS STREET,YORKVILLE,ILLINOIS. SCALE:1"=60' PERMANENT SIDEWALK EASEMENT 602 HEUSTIS STREET 60 30 0 60 DRN.BY:1CD UNITED CITY OF YORKVILLE SHEET NO. DATE:4/26/11 REV: 5/19/11 1 SCALE:1'=60' d 1 Of 1 GRANT OF PERMANENT SIDEWALK EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantor: Joyce Ward, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged.,does hereby grant,bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns,hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a non exclusive,permanent easement(the "Permanent Sidewalk Easement"), as described herein, to construct,replace, maintain, and operate a public sidewalk, in the event any are actually installed in, upon, and across the tracts of land described as follows, to-wit: BURDENED PARCEL Grantor is the owner of that certain tract of land located on Heustis Street in the United City of Yorkville, Kendall County, State of Illinois and legally described as follows: Lots 3 and 8 of Block 1 of Hopkin's Addition to Yorkville,being a subdivision of a part of the southwest quarter of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian and recorded August 13, 1890 and located on Page 73 of Plat Book 4 of the Kendall County Recorder, located in the United City of Yorkville, Kendall County, Illinois, and commonly known as 606 Heustis Street. PERMANENT SIDEWALK EASEMENT The Permanent Sidewalk Easement shall be that certain real property located upon the Burdened Parcel and legally described at Exhibit A, attached hereto (the "Permanent Easement Area"). Said grant of easement are made under the additional following terms and conditions: 1. Grantee's use of the Permanent Easement Area shall be solely for the purpose of constructing, installing, operating, maintaining, and replacing a public sidewalk in and upon the Permanent Easement Area at Grantee's sole cost and expense. 2. Grantee shall thereafter, at Grantee's sole cost and expense: a. Restore the grassy surface of said Permanent Easement Area in a uniform manner, free of all debris, rocks in excess of one inch(1"), and gravel, and provide a covering of a minimum of four inches (4") of clean, black, fertile top soil, and establish a healthy stand of grass; b. Replace all lot lines and property line stakes moved or disrupted in the course of performing any work in connection with the purpose of which the easements herein are granted. c. Replace/repair any private sidewalks or driveways abutting said public sidewalk that be damaged or need to be replaced due to construction of the public sidewalk. 3. All construction, extension, reconstruction, maintenance, repairs, replacements or any other work by Grantee shall be performed in accordance with all applicable building and construction laws. 4. All notices and demands hereunder shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed, or five (5) days after deposit in the U.S. Mail if sent postage prepaid by United States registered or certified mail, return receipt requested, addressed as follows: If to Grantee: City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 If to Grantors: Joyce Ward 606 Heustis Street Yorkville, Illinois 60560 5. Said easements shall be treated as a covenant running with the land. 6. Said permanent easement shall be binding upon the successors,heirs, and assigns of each party hereto. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seal this day of ) 2011. Mayor, United City of Yorkville wner City Clerk STATE OF ILLINOIS ) COUNTY OF KENDALL ) Joyce Ward alleges and states that she has read the foregoing Grant of Permanent Sidewalk Easement Agreement by her subscribed, that she has knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. C.SL Owner Subscribed and sworn to before me, )",� 4,- ) 2011. r4lll� -16 OFFICIAL SEAL - PAMELA B OLSEM Notary ublic �'4RYPUaLIC.STATE OF y MY COAUSSION MR S:ILLINOIS 19/11 E>�IRES:11/19/11 Prepared by and return to: City Attorney Kathleen Field Orr 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 Exhibit A Plat of Permanent Sidewalk Easement Part of the Southwest Quarter of Section 33, T37N, R7E United City of Yorkville, Kendall County, Illinois E FOX STREET 1 H w w H V) 2 cn F— N W 132.00' 2 2,50' 15,0' 3 2 ,0' 70� — 4 5 PERMANENT SIDEWALK EASEMENT E WASHINGTON STREET (0.007 ACRE) LEGAL DESCRIPTION OF PERMANENT SIDEWALK EASEMENT BEGINNING AT THE SOUTHWEST CORNER OF LOT 3,BLOCK 1 OF HOPKIN'S ADDITION SUBDIVSION,RECORDED ON AUGUST 13,1890 ON PAGE 73 OF PLAT BOOK 4 OF THE KENDALL COUNTY RECORDER,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS;THENCE EAST ALONG THE SOUTH SIDE OF SAID LOT 2 A DISTANCE OF 7.00 FEET;THENCE NORTH A DISTANCE OF 20.00 FEET ALONG A LINE PARALLEL TO THE WEST LINE OF SAID LOT 3;THENCE NORTHEAST TO A POINT 35.00 FEET NORTH AND 2.50 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 3;THENCE NORTH TO A POINT ON THE NORTH LINE OF SAID LOT 3,SAID POINT BEING 2.S0 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 3,THENCE WEST 2.50 FEET TO THE NORTHWEST CORNER OF SAID LOT 3;THENCE SOUTH69.25 FEET ALONG THE WEST LINE OF SAID LOT 3 TO THE POINT OF BEGINNING,CONTAINING 0.007 ACRES,AND COMMONLY KNOWN AS 606 HEUSTIS STREET,YORKVILLE,ILLINOIS. SCALE:1"=60' PERMANENT SIDEWALK EASEMENT 606 HEUSTIS STREET 60 30 0 60 DRN.BY:JCD UNITED CITY OF YORKVILLE SHEET NO. DATE:4/6/11 REV: 5/19/11 SCALE:1'=60' 1 of 1 GRANT OF PERMANENT SIDEWALK EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantor: Alison Kovaleski, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration,the receipt of which is hereby acknowledged does hereby grant,bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns,hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a non exclusive,permanent easement (the "Permanent Sidewalk Easement"), as described herein,to construct, replace,maintain, and operate a public sidewalk, in the event any are actually installed in,upon, and across the tracts of land described as follows, to-wit: BURDENED PARCEL Grantor is the owner of that certain tract of land located on Heustis Street in the United City of Yorkville, Kendall County, State of Illinois and legally described as follows: Lots 4 and 7 of Block 1 of Hopkin's Addition to Yorkville,being a subdivision of a part of the southwest quarter of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian and recorded August 13, 1890 and located on Page 73 of Plat Book 4 of the Kendall County Recorder, located in the United City of Yorkville, Kendall County, Illinois, and commonly known as 608 Heustis Street. PERMANENT SIDEWALK EASEMENT The Permanent Sidewalk Easement shall be that certain real property located upon the Burdened Parcel and legally described at Exhibit A, attached hereto (the "Permanent Easement Area"). Said grant of easement are made under the additional following terms and conditions: 1. Grantee's use of the Permanent Easement Area shall be solely for the purpose of constructing, installing, operating, maintaining, and replacing a public sidewalk in and upon the Permanent Easement Area at Grantee's sole cost and expense. 2. Grantee shall thereafter, at Grantee's sole cost and expense: a. Restore the grassy surface of said Permanent Easement Area in a uniform manner,free of all debris, rocks in excess of one inch(1"), and gravel, and provide a covering of a minimum of four inches (4") of clean, black, fertile top soil, and establish a healthy stand of grass; b. Replace all lot lines and property line stakes moved or disrupted in the course of performing any work in connection with the purpose of which the easements herein are granted. c. Replace/repair any private sidewalks or driveways abutting said public sidewalk that be damaged or need to be replaced due to construction of the public sidewalk. 3. All construction, extension, reconstruction, maintenance, repairs, replacements or any other work by Grantee shall be performed in accordance with all applicable building and construction laws. 4. All notices and demands hereunder shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed, or five (5) days after deposit in the U.S. Mail if sent postage prepaid by United States registered or certified mail, return receipt requested, addressed as follows: If to Grantee: City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 If to Grantors: Alison Kovaleski 608 Heustis Street Yorkville, Illinois 60560 5. Said easements shall be treated as a covenant running with the land. 6. Said permanent easement shall be binding upon the successors,heirs, and assigns of each party hereto. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seal this day of 52011. Mayor, United City of Yorkville Owner City Clerk Owner STATE OF ILLINOIS ) COUNTY OF KENDALL ) Alison Kovaleski alleges and states that she has read the foregoing Grant of Permanent Sidewalk Easement Agreement by her subscribed, that she has knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. Owner Owner Subscribed and sworn to before me, 2011 OFFICIAL SEAL ANDREA M WEINERT NOTARY PU9UC-STATE OF UIHOIS 6��1114 — 1c W COMMISSION EVIIIlES:12NBM4 Prepared by and return to: City Attorney Kathleen Field Orr 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 Exhibit A Plat of Permanent Sidewalk Easement Part of the Southwest Quarter of Section 33, T37N, R7E United City of Yorkville, Kendall County, Illinois E FOX STREET 1 2 H w W f" cJ') r� H N D 3 w 2 132.00' m N L12 5 E WASHINGTON STREET PERMANENT SIDEWALK EASEMENT (0.0111 ACRE) LEGAL DESCRIPTION OF PERMANENT SIDEWALK EASEMENT THE WESTERLY 7.00 FEET OF LOT 4,BLOCK 1 OF HOPKIN'S ADDITION SUBDIVSION,RECORDED ON AUGUST 13,1890 ON PAGE 73 OF PLAT BOOK OF THE KENDALL COUNTY RECORDER,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,CONTAINING 0.0111 ACRES, AND COMMONLY KNOWN AS 608 HEUSTIS STREET,YORKVILLE,ILLINOIS. SCALE:1"=60' PERMANENT SIDEWALK EASEMENT 608 HEUSTIS STREET 60 30 0 60 RN.BY:JCD UNITED CITY OF YORKVILLE [SHEET NO. DATE:4/8/11 REV: SCALE:1'=60' 1, 1 GRANT OF PERMANENT SIDEWALK EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantors: Lloyd and Cheryl Hamblin, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration,the receipt of which is hereby acknowledged.,do hereby grant,bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns,hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a non exclusive,permanent easement (the "Permanent Sidewalk Easement"), as described herein, to construct, replace, maintain, and operate a public sidewalk,in the event any are actually installed in, upon, and across the tracts of land described as follows,to-wit: BURDENED PARCEL Grantors are the owners of that certain tract of land located on Heustis Street in the United City of Yorkville, Kendall County, State of Illinois and legally described as follows: Lot 1, the north half of Lot 2, and that part of Lot 6 described as follows: beginning at the northwest corner of said Lot 6; thence south along the west line of said Lot 6 to a point 86 feet north of the southwest corner of Lot 7; thence east at right angles 4 feet; thence north at right angles to the north line of said lot 6; thence west along said north line 4 feet to the point of beginning, all in Block 3 of Hopkin's Addition to Yorkville,being a subdivision of a part of the southwest quarter of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian and recorded August 13, 1890 and located on Page 73 of Plat Book 4 of the Kendall County Recorder, located in the United City of Yorkville, Kendall County, Illinois, and commonly known as 702 Heustis Street. PERMANENT SIDEWALK EASEMENT The Permanent Sidewalk Easement shall be that certain real property located upon the Burdened Parcel and legally described at Exhibit A, attached hereto (the "Permanent Easement Area"). Said grant of easement are made under the additional following terms and conditions: 1. Grantee's use of the Permanent Easement Area shall be solely for the purpose of constructing, installing, operating, maintaining, and replacing a public sidewalk in and upon the Permanent Easement Area at Grantee's sole cost and expense. 2. Grantee shall thereafter, at Grantee's sole cost and expense: a. Restore the grassy surface of said Permanent Easement Area in a uniform manner, free of all debris,rocks in excess of one inch(1"), and gravel, and provide a covering of a minimum of four inches (4") of clean,black, fertile top soil, and establish a healthy stand of grass; b. Replace all lot lines and property line stakes moved or disrupted in the course of performing any work in connection with the purpose of which the easements herein are granted. c. Replace/repair any private sidewalks or driveways abutting said public sidewalk that be damaged or need to be replaced due to construction of the public sidewalk. 3. All construction, extension, reconstruction, maintenance, repairs, replacements or any other work by Grantee shall be performed in accordance with all applicable building and construction laws. 4. All notices and demands hereunder shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed, or five (5) days after deposit in the U.S. Mail if sent postage prepaid by United States registered or certified mail, return receipt requested, addressed as follows: If to Grantee: City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 If to Grantors: Lloyd and Cheryl Hamblin 702 Heustis Street Yorkville, Illinois 60560 5. Said easements shall be treated as a covenant running with the land. 6. Said permanent easement shall be binding upon the successors,heirs, and assigns of each party hereto. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] IN WITNESS WHEREOF,the Grantors and Grantee have hereunto set their hands and seal this day of , 2011. Mayor,United City of Yorkville w r N City Clerk Owner STATE OF ILLINOIS ) COUNTY OF KENDALL ) Lloyd and Cheryl Hamblin allege and state that they have read the foregoing Grant of Permanent Sidewalk Easement Agreement by them subscribed,that they have knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. Owner r Subscribed and sworn to before me, 2011. EAL 7 Z� AINERT NOTto:::E OF LULINW o ry ublic W ES:12MGM4 Prepared by and return to: City Attorney Kathleen Field Orr 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 Exhibit A Plat of Permanent Sidewalk Easement Part of the Southwest Quarter of Section 33, T37N, R7E United City of Yorkville, Kendall County, Illinois WASHINGTON STREET 132.00' 1 N 01 --------- 7,00' W W Ln 3 c� H N W 4 5 ORANGE STREET ® PERMANENT SIDEWALK EASEMENT (0.0123 ACRE) LEGAL DESCRIPTION OF PERMANENT SIDEWALK EASEMENT THE WESTERLY 7.00 FEET OF THE NORTHERLY 26.48 FEET OF LOT 2,BLOCK 3 AND THE WESTERLY 7.00 FEET OF LOT 1,BLOCK 3 OF HOPKIN'S ADDITION SUBDIVSION,RECORDED ON AUGUST 13,1890 ON PAGE 73 OF PLAT BOOK 4 OF THE KENDALL COUNTY RECORDER,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,CONTAINING 0.0123 ACRES,AND COMMONLY KNOWN AS 702 HEUSTIS STREET,YORKVILLE, ILLINOIS. SCALE:1"=50' PERMANENT SIDEWALK EASEMENT 702 HELISTIS STREET 50 25 0 50 DRN,BY.JCD UNITED CITY.OF YORKVILLE SHEET NO. DATE:3/31/11 REV: I SCALE:1'=50' 1&1 1•., /p - r' t A 1444 'P �' :�- �`• `' 4. -� _ r , �_ p k WA r■ i- 4 _ NOP a,f y 1 —� ffir 7 44 r Ift IL # air Es Big aw 84 Ilid RL z MP ID Jam " , Or r4. L 'L . t q - *:a[ 11 .0 1 _M� 1 . �' �"�'� �` '� - � '� � � � �" �; �r® � rte, � '�" _ • , ►`� e ra'0 ma µ At Y qtr ' - 1 am EP Ilk Sk 13 F IN Im vim am }' `�+� � � !� aka� �-- �` �• - � ► �r�a- y..•_�- • The Data is provided without warranty or any representation of ' •� accuracy,timeliness,or completeness.It Is the responsibility of the ! • ••: • "Requester"to determine accuracy,timeliness,completeness,and r • appropriateness of Its use.The United City of Yorkville makes no • 0 warranties,expressed or implied,to the use of the Data. r ❑ ❑ • • •- -Map created by United City of Yorkville GIS a11i1 ye — _ — _ — _ _ ••••� • =t• • ❑ - - fHydrauli Ae - - - _ _ _ _ _ - - , f Legend ' r • Parkway Trees D ; e ❑ , ,❑? 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A Emmon•St -' Crosswalk ❑ , ❑ ❑ E❑ oo* 04 –� Existing ison St New 65W_ "' , _7 Replace y , ❑❑ ' r— ` d• , EL y W-Ridge St Ridge St- s- - � C � 1 — [❑ , ❑❑ ❑❑ , m ❑❑ , ❑ , _❑ r ❑ -W Fox St- ! r --- r❑ ' , ❑❑ ❑ � `I E Fax St- - _ _i��• _ _ _ - � ' C❑] �.� ❑ (❑ '-• • ' ❑ ❑ ❑ r • ' _ _ r � ❑❑ ❑ �1 4 II -9: ® ± LJ q E � Q❑ �._. ❑ - 'W Washington St'_ _ , °' ❑ _ _ � ; +e L� ❑❑ t � ._I �� ❑ ! _ _-❑ PC � ® i_ -E-Washington St _ -- W Orange St r ' ' E U ❑l F7 E�j El �t _ _ = UJ F / EDF- W Dolph St r-' ED i� I Circle Center lI ' L❑ M _ Grade School , ❑` ; _ _ - ❑ --! uisen St- - _ _ _ _-i ❑ ,/` Yorkville Intermediate ❑ QM ` ❑❑ ❑ ❑❑ J I School ' l ED ❑ E Miter St- a ❑ ° r � ❑ ❑ ' Elizabe 00/16 r � � ose ° Z ❑ ' --------- ' CIO ° 2 " `❑ ❑ \ r CO i c'TY N Safe Routes to School 0 100 200 400 600 Sidewalk Map Feet W �-�l �o <<E - East of Route 47 The Data is provided without warranty or any representation of accuracy,timeliness,or completeness.It is the responsibility of the 1 1 . "Requester"to determine accuracy,timeliness,completeness,and i appropriateness of Its use.The United City of Yorkville makes no warranties,expressed or Implied,to the use of the Data. -Map created by United City of Yorkville GIS 1 ❑ 0 1 Y I Legend _ m _ I (n , 1 m Future Phase � -E-Washington-St Sidewalks - i Status o ; Crosswalk , Existing 1 I i New � 1 1 - ' 1 � I 1 i 1 ED 1 Replace ; _--- 1 El ' —� E to I nge-S.t _ _ _ , rn ^ ' - - _ _E.OrangeSt- - _ _ _ ❑ — , 1 / I Z ED 1 FOLE/ 1 / I EJ / I Circle Center ' Grade School ❑� 1 °Olsen St- - / I , Yorkville Intermediate School -WalterSt- I , 1 � \ I 1 \ N / � e \ I ` - Illini-Dr- - ' ` 1 \ I \ \ I 2 I \ \ r \ 1 V 5040 0/6 00,90 o4se 1 Rn\ I o F:= v 1 1 � \ 1 1 \ 1 \ I \ I \ I a 1 \ 1 �\ I / I \ o \ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,. - - - - - - - - - - - - - - - - - - - - - - - - - - N Safe Routes to School 0 62.5 125 250 375 500 W E Sidewalk Map Feet S R " The Data is provided without warranty or any representation of 1 d " accuracy,timeliness,or completeness.It is the responsibility of the " ! 'Requester"to determine accuracy,timeliness,completeness,and , _ _ _ r appropriateness of Its use.The United City of Yorkville makes no warranties,expressed or Implied,to the use of the Data. _ g -- i d- d- _ - V,11:H-y_draul'e Ave- - /- - -Map created by United City of Yorkville G/S - - - - - - -d ❑❑ i h ❑ S� / � ❑ 1 1 1 1 Legend ❑❑ ; n ❑ a ❑ 'DIET • Parkway Trees tJ ❑❑ �� �� � •� ;�❑ �❑ ;�❑� 1 � W Van E�m r d• -- 47 Phase wj- _�rnon Sts � _w• , - -L-a; m Grant Application 2008 < f Sidewalks ❑❑ e ( d ❑ I Status -•- ; '�- -•• ,�,- - - - a ❑❑ 1Crosswalk ®_ Existing � ❑ ,t New 7 d•' .,.❑ '—' � 1 r 1 1 Replace - _ _ _ _ - - _ - - • � "�' _� d �� ❑ `� ❑� ' c 1 .W Ridge St ' - - r• `� 1 -1 �• d ® 1 a , It d d ED ❑ , y� r f� (----�-� f f ' 7 ED ❑ Lam._! , ❑ ❑ y ll tL 1 ' , hi to ! ' ❑ �'`' r W Wes ng n Sty _ ^ - � � ❑j �- ❑ d' _ i I ❑ ` `- `'� , ❑ , ❑ r° e 'E Washington St ' ❑❑ ❑ d 10 ❑ , {�? Lj L_1 Ir, � � r. 7 j❑ 't ' e� y , ❑ , r' , - W aorange St - - ;"E Or • • ❑'� ❑ w ❑--' 1 ❑ ❑ •'e � ❑ � , d If '�❑ r 1 1 0 . - E;] we ED 1 ❑ 1 l Li �r• CD ❑ -L- � ❑ I i to E 1 j -- , V Beecher d r " ..J d O � , a ❑ �� 1 d i J N - 1 - -' - _ _ _ CL -v t ❑ ❑❑ 'j ❑ ' ' -Blaine•St' U d l7 / ( r r • s0hO 1 p ❑ 1 • ih. 1 ! • °4S, / 1 ❑ E:�] � ' s' ! - - - - _ Elizabeth-St °--------------------- Cj ------------------ --------- ----------------------- � �- ❑❑ m c''r Safe Routes to School 0 100 200 400 600 N o Sidewalk Feet W i \H CEµ�V= - West of Route 47 ♦,��0 C/T y Reviewed By: Agenda Item Number J� A 0 Legal ❑ NB #5 1 ,II 11 Finance ❑ EST. �Z 1836 Engineer El-�� Tracking Number W City Administrator ❑ °°°�^o O Consultant Cea, ❑ Ke da vs—ty PW 2011-43 <�E El Agenda Item Summary Memo Title: Emerald ash borer discussion Meeting and Date: Public works committee June 21, 2011 Synopsis: Seeking direction from committee on ways to remove trees with EAB Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: none Council Action Requested: none Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: cip Memorandum EST. ! 1es6 To: Public Works Committee 1 From: Eric Dhuse, Director of Public Works CC: ® Date: June 13, 2011 Subject: Emerald ash borer <LE Committee Members, During the Week of June 6-10, I inspected ash trees in Windett Ridge, Raintree Village, Sunflower, Fox Highlands, and Kylyn's Ridge and found infestations in all subdivisions ranging from moderate in Kylyn's Ridge to very heavy in Sunflower and Raintree. In my opinion, all the ash trees in these subdivisions need to be taken out as soon as we can notify the residents to give them time to remove any landscaping from around the base of the tree. According to our GIS maps,the total number of trees to be removed from these subdivisions is approximately 300. 1 recommend this because the trees that do not show signs at this time are sure to be infested within a year or so. Now that we are dealing with large numbers of trees to be removed over the course of the next few years, there are items that I would ask direction on. 1. Should we "follow"the borer and only cut down trees in infected subdivisions or should we tag all ash trees and remove them as we can starting with the most affected areas. The first option limits the time we have to spend each year which allows us to focus on all of the other duties. The second option will be much more labor intensive but will save us time in the long run. 2. We know we will need contractor assistance on many of the large trees and stumps, but I believe that it will be beneficial to purchase a stump grinder to allow us to take care of the smaller stumps instead of paying a contractor. The cost of the grinder is anywhere from$5000-$10,000. This is an unbudgeted amount that I will have to work with Bart and Rob to find the money for this purchase if that is what the council decides. 3. We currently budget $10,000 for the year for tree and stump removal. That money will not be nearly enough to even make a dent in removing the large trees that we can not remove ourselves. According to our tree survey we have 58 ash trees that are larger than 30" in diameter and 129 trees that are between 13"-29" in diameter. Even if we were able to cut down '/z of the trees that are between 13"-29", which means that there will be approximately 123 trees that we will need assistance with. I don't want to even venture a guess at a cost, but if the trees average $500 each to take down that equates to $61,500. 4. I would like to start the removal process on the newest subdivisions that are the most heavily infested and work our way towards the older parts of town. This will allow us to spend the least amount of money and remove the greatest number of trees. While we are doing that, I can tag the large trees and solicit prices for removing the trees that we can not remove. I would like to get some feedback from the council and see what direction they would like us to pursue. I would ask that this be placed on the June 21, 2011 public works committee for discussion purposes. -ors as — 101.�•v D�, _ , 1 o� u. ►. ,e ado. � ��� A�, ;�, ,� ,, , .. NOW v0© •O0 0 . . , . .0� oea o�,o ,. a 0�, ©:�°.eo.so d � .e a00ea� �����A�D ., 0o so a o so eo *� eo .e oo eooaa�QOdee = _ _ 4 ♦ Q ■ • � . O ♦ OQ .00.0 ■ DD D . Q '�© O O 0� ■ ■ vi •0 �I1111 � Q ® e O°p0 Off. DD °nv Od n r • dD4. o.. .O�p�O°p0 ♦ •pp °n. n° DQ ��� p �_ S o• .OpD.DOOp .♦ �.o Op n 00 .00 0O v � ,�eoo im iiiii iiiii � � v�Q© O .;. OQOO 000. ♦ DO , �aD� © vPs v�v WIN , aD p ♦eaoes a 000Q� D o�aP.as. . oOO. s�O: .• � ♦ �oo o �► . . ��a�a s�se o• s oo. o . . . . . v, .�4 apa .� .Q DOeOo♦ s0opo, aeee a �'��© a0��oo; � Dsop, 0D.o000OOOOOo : ew •,Q�• O�OD oesse. o wmdQaPpQOOGGDO�. Ash Trees in Sunflower and Greenbrier V.arver°o µ ` o 4 O O a ; ❑ �Q bolo®I-Pkwy Q �Q°doh Q � 0 ' ❑i � � �`3 � ; � n I n Q, ❑ n I'%kebs I U 1 C� Q etlarCt�FC O / ear-Gt O ❑ A � I n 4.> I -Beaver St Dr_ I � Q O ❑ z Q � � �� � I W, ice, Q 96ush �e El o I aft -CAT - q ' argercy �U � ® I a �aae \ o Q ® a �� � Gardena ® � I c QQ Ct " 0 ® I ❑ dO Garden \ ❑ ® II ❑ ❑ ® lJ 1'I \ 1 I °rden ❑❑ 0 ❑ O \ a wthorp--i UP i odO i 0 d ��\�pO Q / ❑�D O Oda ❑ I 0 � m '° ❑ ' ❑ ❑ ❑ ❑ p � O p Westwind-Dr- 'm Walsh-CU 0 D❑❑❑Toll ❑ - - - - - - - - - - �\II - - I - -Green-Briar d- - �Sunflowe� I I D I C13 Q o o r E�y a Fl S Ci L-2 \I E ❑ O ❑ I C� �r I Q ❑ 13 o Q C] Aster-Dr i [ v ) 1 E) Fountainview D r ❑ \ ❑ Q i d Q 34 COD❑Q L ❑ ' Q ' A Walsh-Cir- 4Q�� c/Ty Reviewed By: Agenda Item Number ii J� a 0-0 Legal ❑ NB #6 II Finance ■ EST. , � 1836 Engineer ❑ Tracking Number y City Administrator ■ Consultant ❑ K a ry PW 2011-44 LE Agenda Item Summary Memo Title: Progressive Energy Natural Gas Proposal & Meter Consolidation Meeting and Date: June 21, 2011 Public Works Committee Synopsis: Natural gas cost reduction proposal. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: Memorandum To: Public Works Committee EST _` 1836 From: Rob Fredrickson, Finance Director O (a Date: June 16, 2011 p Subject: Progressive Energy Proposal K dA C— -LE ��•~i Please see attached for a natural gas cost reduction proposal from Progressive Energy Group. Progressive estimates that by switching natural gas suppliers from NICOR to Santanna, and by consolidating meters, the City could save approximately $5,715 annually in natural gas costs. Progressive recommends that 10 accounts (listed on page 4) be moved from NICOR to Santanna, for a contract term of 12 months that can be canceled at any time with 30 days notice. Over the last several years the Santanna rate has averaged $0.0348 less than NICOR's monthly variable rate, which would yield the City approximately $2,364 in annual savings. By choosing to go with a customer select supplier like Santanna, the City would be eligible to reduce the State Revenue Tax on supplied therms by$0.02 per therm, resulting in anticipated savings of$1,359. In addition, meter consolidation could potentially save the City an additional$1,992 annually, although there are costs associated with meter consolidation as noted on page 3 of the attachment. C a ity of Yorkv*111e Cost Reduction Initiative June 17., 2011 AMEPW PROGRESSIVE ENERGY GROUP think obey d . move ah eod Confidential-Do Not Copy or Distribute. © 2010 Progressive Energy Group—All Rights Reserved. ffROGRESSIVE • • • • ERG Y GROUP ��, ro rrc ti3u'...ra�c:�e ahead • Efficiency and Conservation • Gas and Electric Bill Auditing Audit and Procurement • Franchise Agreement & Municipal Tax Auditing i ,W • Cost Containment - Purchasing Audit .¢ A Lost Revenue Auditing • Home Warranty by the Protection Company Confidential-Do Not Copy or Distribute. © 2010 Progressive Energy Group—All Rights Reserved. Utility to Supplier Analysis ,, ffROGRESSIVE ER Y G ROUP Commercial Industrial Commercial Industrial Gas Volume Electric Volume • l With Supplier With Supplier With Nicor Gas With ComEd Confidential-Do Not Copy or Distribute. © 2010 Progressive Energy Group—All Rights Reserved. EnergyENERGY GROUP think ahead..-atovc -ahem —A What We Do What We Find • Utility Management Assistance — Supplier and Utility Oversight • Rate Negotiation • _ • Tariff and Rider Review — Validate accurate delivery rate being Improperly _ • Accounts paid to utility • Utility accounts — Meter Class review and cost - Wrong Rates and Riders reduction implementation — Tax review — Bill Negotiation and Dispute Resolution - Incorrect Bill Charges • High Bill Review and Audit Services Improper . • of — Estimated to Actual Catch Up Read Payments- Misapplied— No Read Estimated Bills • Intervention & Complaint Escalation Process/Policy — Credit Department Intervention • Late Pay Fee Negotiation • Charges — Apply Utility Expertise - Misdirected Billings — Invoke commission guidelines - Credit Disqualifications • Deposit Requirement Reduction - Liberal Credit Interpretation Confidential-Do Not Copy or Distribute. © 2010 Progressive Energy Group—All Rights Reserved. --di P A PROGRESSIVE Natural Gas Audit Analysis ENERGY GROUP it Targeted Current Supply Targeted Supply Annual Supply Annual Mtr Con./Rate Mtr.Con/Rate Meter Tariff Sales Revenue Name Service Address City Suppplier Rate Rate Savings Therms Audit Audit Savings Rate Audit Tax Savings Comments Commerical Accounts City of Yorkville 804 Game Farm Rd Yorkville Nicor Monthly Variable Index plus$0.03 $249.00 4,150 $621.60 $77.10 $83.00 Possible meter tariff reduction City of Yorkville 1955 S Bridge St Yorkville Nicor Monthly Variable Index plus$0.03 $90.00 800 $25.30 $16.00 City of Yorkville 201 W Hydraulic St Yorkville Nicor Monthly Variable Index plus$0.03 $270.00 4,500 $25.30 $90.00 Rec Center 202 E Countryside Pkwy Ste E Yorkville Nicor Monthly Variable Index plus$0.03 $1,260.00 21,000 $77.10 $420.00 City of Yorkville 1 Van EmmonRd Yorkville Nicor Monthly Variable Index plus$0.03 $30.00 1,500 $25.30 $30.00 City of Yorkville Pbl Works 610 TowerLn Yorkville Nicor Monthly Variable Index plus$0.03 $56.00 8,500 $25.30 $170.00 City of Yorkville 610 Tower Ln Unit B Yorkville Nicor Monthly Variable Index plus$0.03 $56.00 2,200 $303.60 $25.30 $44.00 Meter consolidation with Account 83-80-00-1000 City of Yorkville Pbl Works 131EHydralicSt Yorkville Nicor Monthly Variable Index plus$0.03 $36.00 1,800 $25.30 $36.00 Yorkville Public Library 902 Game Farm Rd Yorkville Nicor Monthly Variable Index plus$0.03 $360.00 18,000 $77.10 $360.00 City of Yorkville 1 Rte 47 Yorkville Nicor Monthly Variable Index plus$0.03 $110.00 5,500 $25.30 $110.00 Total Projected Savings $2,517.00 67,950 $303.60 $621.60 $1,359.00 Accounts to Stay with Nicor City of Yorkville 1991 Cannonbal I Trl Yorkville Nicor Monthly Variable Stay with Nicor $25.30 City of Yorkville 100 Raintree Rd Yorkville Nicor Monthly Variable Stay with Nicor $77.10 Possible meter tariff reduction City of Yorkville Lift Station 420 Fairhaven Dr Yorkville Nicor Monthly Variable Stay with Nicor $621.60 $77.10 Lift Station possible metertairffreduction City of Yorkville Bruell Pump Station 101BruelISt Yorkville Nicor Monthly Variable Stay with Nicor $621.60 $77.10 Pump Station possible metertariff reduction City of Yorkville 1107 PrairieLn Yorkville Nicor Monthly Variable Stay with Nicor $25.30 City of Yorkville 1301 CarolynCt Yorkville Nicor Monthly Variable Stay with Nicor $25.30 City of Yorkville 202 E Countryside Pkwy Ste D Yorkville Nicor Monthly Variable Stay with Nicor $303.60 $25.30 Meter consolidation with Account 64-99-70-7276 City of Yorkville 1975 Bridge St Yorkville Nicor Monthly Variable Stay with Nicor $25.30 City of Yorkville 276 Windham Cir Yorkville Nicor Monthly Variable Stay with Nicor $25.30 Total Projected Savings $0.00 0 $303.60 $1,243.20 Confidential-Do Not Copy or Distribute. © 2010 Progressive Energy Group-All Rights Reserved. 5 Historical Natural Gas Pricing - F� EIE .JW ENERGY GROUP Ehink ahem"..ahead -C -ahead NGI Nicor Santanna NGI Nicor Santanna Monthly Index plus Monthly Index plus 2009 Index Rate $0.03 Differntial 2010 Index Rate $0.03 Differential Jauaury $0.618 $0.690 $0.648 $0.042 Jauaury $0.622 $0.650 $0.652 -$0.002 February $0.587 $0.660 $0.617 $0.043 February $0.492 $0.570 $0.522 $0.048 March $0.501 $0.620 $0.531 $0.089 March $0.403 $0.430 $0.433 -$0.003 April $0.400 $0.490 $0.430 $0.060 April $0.352 $0.430 $0.382 $0.048 May $0.429 $0.410 $0.459 -$0.049 May $0.313 $0.450 $0.343 $0.107 June $0.413 $0.440 $0.443 -$0.003 June $0.340 $0.450 $0.370 $0.080 July $0.473 $0.510 $0.503 $0.007 July $0.357 $0.460 $0.387 $0.073 August $0.463 $0.500 $0.493 $0.007 August $0.349 $0.400 $0.379 $0.021 September $0.377 $0.410 $0.407 $0.003 September $0.279 $0.330 $0.309 $0.021 October 0.392 $0.440 $0.422 $0.018 October $0.387 $0.390 $0.417 -$0.027 Novmeber 0.345 $0.430 $0.375 $0.055 Novmeber $0.481 $0.470 $0.511 -$0.041 December 0.4510 $0.460 $0.481 -$0.021 December $0.475 $0.500 $0.505 -$0.005 6 Confidential-Do Not Copy or Distribute. © 2010 Progressive Energy Group-All Rights Reservea. PROGRESSIVE Mill Summary of Key E I G ' Findings R 0 U P Ehink ahead..move ahead" • Gas Supply — Santanna Index plus $0.03 program historically averages $0.025 less than Nicor's Monthly variable rate • In 2010, Santanna's Index plus $0.03 was lower than Nicor's variable rate 9 out of 12 months • In 2009, Santanna's Index plus $0.03 was lower than Nicor's Variable rate 7 out of 12 months — We recommend transitioning 10 accounts over to Santanna Energy Services • 12 month contract • Can cancel with 30 days notice — Capture estimated $2,517.00 annual savings — By transitioning accounts over to a Customer Select provide, the City of Yorkville will also be eligible to reduce the State Revenue Tax on the supplied therms by $0.02 per therm. By going with a supplier, the natural gas purchased will no longer be in the State of Illinois as currently being provided by Nicor Gas. Tax will still be assessed on the therms delivered to the facility • Gas Distribution, Rates& Riders — Consolidate Meter for accounts 65-69-00-0377 and 83-80-00-1000 • Annual savings projected to be $607.20 • Typical meter consolidation charge will be $100-$400 depending meter distance • Progressive Energy Group has local contractor to process consolidation request — 4 possible meter tariff reduction (accounts 66-70-44-6942, 20-52-56-2042, 23-45-91-4862, and 15-41-50-1000) • Annual usage should not be on meter class B designation from Nicor — Class A monthly charge $25.30 vs Class B Monthly charge $77.10 • We estimate that Nicor Charges $220.00 per meter to downsize to correct meter size • Capture $1,864.80 savings 7 -onfidential- Do Not Copy or Distribute. © 2010 Progressive Energy Group—Ali Rights Reserved. Pro ' ected Cost Deferral Reduction r PROGRESSIVE ENERGY GROUP V_ Oink ahead..move ahead" Electric — Capacity Cost Deferral Supply N/A Natural Gas — Meter $607.20 Consolidation — Sales Tax $1,359.00 - • • Change— Meter Class $1,864.80 Supply Reduction $2,517.00 Savings Total Projected Gas $6,348.00 Preliminary reductions based on information provided in Qtr 2 of 2011, upon contract execution Progressive will update and report findings. Progressive energy Group's fee will not exceed $0.01 per therm for natural gas and will be paid by the supplier if contract is executed • •- D• Not Copy or • O 201C Progressive • • Reserved. Santanna Nicor Gas Price Index+$0.03 Cost Difference Mar-07 $0.7840 $0.8300 $0.0460 Apr-07 $0.7230 $0.8500 $0.1270 May-07 $0.7600 $0.8600 $0.1000 Jun-07 $0.7880 $0.8800 $0.0920 Jul-07 $0.7120 $0.8000 $0.0880 Aug-07 $0.6150 $0.7000 $0.0850 Sep-07 $0.5550 $0.6400 $0.0850 Oct-07 $0.6500 $0.6800 $0.0300 Nov-07 $0.7560 $0.7000 $0.0560 Dec-07 $0.8080 $0.6500 $0.1580 Jan-08 $0.7580 $0.7700 $0.0120 Feb-08 $0.8420 $0.8700 $0.0280 Mar-08 $0.9660 $0.9700 $0.0040 Apr-08 $0.9900 $0.9900 $0.0000 May-08 $1.1190 $1.2400 $0.1210 Jun-08 $1.2160 $1.2300 $0.0140 Jul-08 $1.3190 $1.4500 $0.1310 Aug-08 $0.9250 $1.0800 $0.1550 Sep-08 $0.8290 $0.8400 $0.0110 Oct-08 $0.7330 $0.8100 $0.0770 Nov-08 $0.6520 $0.7700 $0.1180 Dec-08 $0.7080 $0.6500 $0.0580 Jan-09 $0.6520 $0.6500 $0.0020 Feb-09 $0.5220 $0.5700 $0.0480 Mar-09 $0.4330 $0.4300 $0.0030 Apr-09 $0.3820 $0.4300 $0.0480 May-09 $0.3430 $0.4500 $0.1070 Jun-09 $0.3720 $0.4500 $0.0780 Jul-09 $0.3870 $0.4600 $0.0730 Aug-09 $0.3790 $0.4000 $0.0210 Sep-09 $0.3090 $0.3300 $0.0210 Oct-09 $0.4170 $0.3900 $0.0270 Nov-09 $0.5110 $0.4700 $0.0410 Dec-09 $0.5050 $0.5000 $0.0050 Jan-10 $0.6480 $0.6800 $0.0320 Feb-10 $0.6170 $0.6600 $0.0430 Mar-10 $0.5310 $0.6200 $0.0890 Apr-10 $0.4300 $0.4900 $0.0600 May-10 $0.4590 $0.4100 $0.0490 Jun-10 $0.4430 $0.4400 $0.0030 Jul-10 $0.5030 $0.5100 $0.0070 Aug-10 $0.4930 $0.5000 $0.0070 Sep-10 $0.4070 $0.4100 $0.0030 Oct-10 $0.4220 $0.4400 $0.0180 Nov-10 $0.3750 $0.4300 $0.0550 Dec-10 $0.4810 $0.4600 $0.0210 Jan-11 $0.4690 $0.4800 $0.0110 Feb-11 $0.4910 $0.5300 $0.0390 Mar-11 $0.4250 $0.5100 $0.0850 Apr-11 $0.4720 $0.4800 $0.0080 May-11 $0.4790 $0.5000 $0.0210 Average Prices $0.6189 $0.6537 $0.0348 c/Ty Reviewed By: Agenda Item Number J� a 0 Legal ❑ Finance El OB #1 EST. , � 1836 Engineer ❑ y City Administrator Tracking Number Police ❑ d111 111ty Human Resources El PW 2011-25 Public Works ❑ City Council Agenda Item Summary Memo Title: Downtown Parking Lot Analysis Meeting and Date: Public Works—June 21, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N / A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Discussion and direction Submitted by: Bart Olson Administration Name Department Agenda Item Notes: .��0 Co.y A o Memorandum J T To: Public Works Committee EST. �Z 1836 From: Bart Olson, City Administrator .4 ` CC: O C u , p Date: June 17, 2011 Count�Y Seat Subject: Downtown Parking Lot Analysis Attached are two concept drawings and cost estimates for parking lots on parcels at 47 and Hydraulic, and Hydraulic and South Main. For either parcel, staff feels that the cost of acquisition and construction of either lot could be completed for less than the amount of the current remaining budget for the Old Jail parking lot. However, we have heard that there are a number of interested parties in the lot at 47 and Hydraulic, so that lot may be off the open market. Staff is seeking direction on the further pursuit of either location as the location for the downtown parking lot. IDOT has been open to the idea discussing the location change of the lot, but is seeking a definitive location and cost estimate for the acquisition of the land and construction of the lot before they consider the idea further. OD Ln 0 �n co w w I M N C N w Ln n N D � f D � A � O � A V (Jl V CD .� 1 q; Ilk A? - - � 2L I � _ - I DEARBORN PROPERTY E$= s O CONCEPTUAL PARKING LOT PLAN NOT TO SCALE APRIL 22, 2009 2 w rt - 4 i APO, J=�D Cpy+e DEARBORN PROPERTY '1036 CONCEPTUAL PARKING LOT PLAN NOT TO SCALE APRIL 22, 2009 i i I i MEMO To: Mr. Bart Olson — City Administrator United City of Yorkville Engin+e�rfng From : Jason M . Bauer, P. E. — Project Manager Imam ' Jeffrey W. Freeman , P. E . , CFM , LEED AP — Vice President j Date: June 17, 2011 Re: IL Rt. 47 Off-Street Parking Improvements Alternative Site Analysis United City of Yorkville, Kendall County, IL EEI Job #: Y01001 Please find attached cost estimates for the two alternative parking lot locations for the IL Rt. 47 Off - Street Parking Improvements. As previously identified , two sites were evaluated — one at the southwest corner of the intersection of Hydraulic and IL Rt 47 and the other at the southwest corner of the intersection of Hydraulic and Main Street. The costs were based on concept plans developed by City Staff. We prepared the costs based on the following assumptions: • Four Inches of HMA Pavement on 12" of Aggregate Subbase • Curb and Gutter Around the Entire Lot at Hydraulic and Main • Curb and Gutter Around the South and East Sides of the Lot at Hydraulic and IL Rt 47 • An Allowance for Undercut of Poor Soils; o Hydraulic and IL Rt 47 — 70 Cubic Yards ( Higher Quantity due to Unknown Fill Material at Demolition Site) o Hydraulic and Main — 20 Cubic Yards • Allowance for Storm Sewer at Hydraulic and IL Rt 47 (May Not Be Required After Topographic Analysis) • New Sidewalk Adjacent to the Hydraulic and Main Street Site • 10% Contingency • 20% for Design and Construction Engineering i The estimated costs of the improvements at the two alternate site locations are as follows: • Hydraulic and IL47 - $96, 000 • Hydraulic and Main - $ 1152400 After reviewing the attached information and the assumptions listed above, please contact me at your earliest I convenience to provide any comments or ask any questions. i j I I GAPublifforkville\201OW01001 Rt. 47 Off-Street Parking Improvements0odmolson0l .docx 52 Wheeler Road , Sugar Grove, IL 60554 Tel: 630/466-9350 Fax: 630/466-9380 www. eeiweb. com E i f f i PRELIMINARY OPINION OF PROBABLE COST ROUTE 47 OFF-STREET PARKING IMPROVEMENTS ALTERNATE LOCATION ANALYSIS OPTION 1 - HYDRAULIC AND IL RT 47 United City of Yorkville, Kendall County, Illinois June 16, 2011 i ITEM UNIT NO, ITEM UNIT QUANTITY PRICE AMOUNT 1 EARTH EXCAVATION CU YD 490 $ 20.00 $ 91800.00 2 DISPOSAL OF SURPLUS EXCAVATED MATERIAL CU YD 200 $ 20.00 $ 41000.00 3 PAVEMENT REMOVAL SQ YD 9 $ 50.00 $ 450.00 4 TREE REMOVAL EACH 0 $ 11000.00 $ - 5 SHRUB REMOVAL EACH 0 $ 150.00 $ - 6 SIDEWALK REMOVAL SF 0 $ 3.00 $ - 7 UNDERCUT AND POROUS GRANULAR EMBANKMENT CU YD 70 $ 60.00 $ 4,200.00 8 TRENCH BACKFILL CU YD 80 $ 30.00 $ 21400.00 9 STORM SEWERS, CLASS A, TYPE 1 , 12" FOOT 144 $ 35.00 $ 57040.00 10 CATCH BASIN, TYPE A, 4'-DIA. WITH TYPE 1 FRAME, OPEN GRATE EACH 1 $ 21750.00 $ 21750.00 11 COMBINATION CONCRETE CURB AND GUTTER, TYPE B-6. 18 FOOT 200 $ 25.00 $ 51000.00 12 PORTLAND CEMENT CONCRETE SIDEWALK, 5-INCH SQ FT 325 $ 7.00 $ 21275.00 13 DETECTABLE WARNINGS SQ FT 10 $ 30.00 $ 300.00 14 AGGREGATE BASE COURSE, TYPE B (1211) TON 540 $ 20.00 $ 1000.00 15 BITUMINOUS MATERIALS (PRIME COAT) GAL 405 $ 2.00 $ 810.00 16 HOT MIX ASPHALT BINDER COURSE, N50, 2 1 /4" TON 105 $ 80.00 $ 81400.00 t 17 HOT MIX ASPHALT SURFACE COURSE, N50, 1 3/4" TON 82 $ 85.00 $ 61970.00 I 18 RESTORATION (TOPSOIL AND SOD) SY 510 $ 10.00 $ 57100.00 19 PAVEMENT MARKINGS LS 1 $ 11000.00 $ 11000.00 20 WHEEL STOPS EACH 12.0 $ 75.00 $ 900.00 21 TRAFFIC CONTROL AND PROTECTION LS 1 .0 $ 2500.00 $ 21500.00 CONSTRUCTION SUBTOTAL $72,695,00 CONTINGENCY $7,300.00 ENGINEERING $169000.00 i TOTAL $96,000,00 I G:\Public\Yorkvi1W2010\YO1001 Rt. 47 Off-Street Parking Improvements\EngWtemate Lot OptionsQcost est 2011-06.15.xis]HYDRAULIC AND 47 I I ENGINEERING ENTERPRISES, INC. I CONSULTING ENGINEERS E 4 I i I PRELIMINARY OPINION OF PROBABLE COST ROUTE 47 OFF-STREET PARKING IMPROVEMENTS ALTERNATE LOCATION ANALYSIS OPTION 2 - HYDRAULIC AND MAIN United City of Yorkville, Kendall County, Illinois June 16, 2011 i ITEM UNIT NO, ITEM UNIT QUANTITY PRICE AMOUNT 1 EARTH EXCAVATION CU YD 630 $ 20.00 $ 121600.00 2 DISPOSAL OF SURPLUS EXCAVATED MATERIAL CU YD 300 $ 20.00 $ 6,000.00 3 PAVEMENT REMOVAL SQ YD 20 $ 50.00 $ 11000.00 4 TREE REMOVAL EACH 1 $ 13000.00 $ 11000.00 5 SHRUB REMOVAL EACH 4 $ 150.00 $ 600.00 6 SIDEWALK REMOVAL SF 580 $ 3.00 $ 11740.00 7 UNDERCUT AND POROUS GRANULAR EMBANKMENT CU YD 20 $ 60.00 $ 11200.00 8 TRENCH BACKFILL CU YD 0 $ 30.00 $ 9 STORM SEWERS, CLASS A, TYPE 1 , 12" FOOT 0 $ 35.00 $ - 10 CATCH BASIN, TYPE A, 4'-DIA. WITH TYPE 1 FRAME, OPEN GRATE EACH 0 $ 2,750.00 $ - 11 COMBINATION CONCRETE CURB AND GUTTER, TYPE B-6. 18 FOOT 560 $ 25.00 $ 14,000.00 12 PORTLAND CEMENT CONCRETE SIDEWALK, 5-INCH SQ FT 725 $ 7.00 $ 5,075.00 13 DETECTABLE WARNINGS SQ FT 8 $ 30.00 $ 240.00 14 AGGREGATE BASE COURSE, TYPE B (1211) TON 710 $ 20.00 $ 14,200.00 i 15 BITUMINOUS MATERIALS (PRIME COAT) GAL 525 $ 2.00 $ 11050.00 16 HOT MIX ASPHALT BINDER COURSE, N50, 2 1 /4" TON 136 $ 80.00 $ 10,880.00 17 HOT MIX ASPHALT SURFACE COURSE, N50, 1 3/4" TON 106 $ 85.00 $ 91010.00 i 18 RESTORATION (TOPSOIL AND SOD) SY 520 $ 10.00 $ 51200.00 i 19 PAVEMENT MARKINGS LS 1 $ 11000.00 $ 11000.00 20 WHEEL STOPS EACH 0.0 $ 75.00 $ - 21 TRAFFIC CONTROL AND PROTECTION LS 1 .0 $ 21500.00 $ 21500.00 CONSTRUCTION SUBTOTAL $87,295.00 CONTINGENCY $8,800.00 ENGINEERING $199300,00 i TOTAL $115,400.00 i G:\Pub1ic\YorkviNe12010\Y01001 At 470ffStreet Parking lmprovemertlslEngWtemate Lot Optioml[cost est 2077-O6-i5.)As]HYDR4ULIC AND MAIN j f E i ENGINEERING ENTERPRISES, INC. CONSULTING ENGINEERS 4pp 1 c/Ty Reviewed By: Agenda Item Number J� a 0 Legal ❑ Finance El OB #2 EST. , � 1836 Engineer ❑ y City Administrator Tracking Number Police ❑ d111 111ty Human Resources El PW 2011-34 Public Works ❑ City Council Agenda Item Summary Memo Title: Water ordinance—turning on water service prior to full bill payment Meeting and Date: Public Works Committee—June 21, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: PW 5/17/11 Action Taken: Tabled Item Number: PW 2011-34 Type of Vote Required: Majority Council Action Requested: Discussion and direction whether to amend current ordinance Submitted by: Bart Olson Administration Name Department Agenda Item Notes: .��0 Co.y o Memorandum " To: City Council EST. �Z 1836 From: Bart Olson, City Administrator .4 ` CC: O C u of Date: May 13, 2011 Count Seat Keda�ory Subject: Water ordinance—turning on water service prior to full bill payment Attached is a copy of the section of the City's water ordinance that addresses shut-off and turn-on of water service. In short, water service is shut off after 45 days of non-payment of a water bill. Once the water has been turned off, complete payment of the delinquent bill is required. Under our ordinance, landlords are ultimately responsible for a delinquent utility bill. Renters are allowed to sign up for a utility account, and if they move out without reconciling their bill, the landlord is required to pay the bill before service is turned back on. Landlords have protection from this situation through our policies; they can receive a copy of every utility bill we send to the renter, or they can opt to pay the bill themselves and roll the amount into the tenant's rent. Most landlords have decided to pay the bill themselves and roll the amount into the tenant's rent. This past billing cycle, one landlord was faced with a $500 utility bill delinquency on a property in which we had shut off water service. This was the first shut off for the property and the landlord, and he pleaded with City staff to allow him to pay a portion of the bill and have the water turned on. Under our ordinance, there is no discretion for staff to waive the requirement that the bill be paid in full prior to reinstatement of water service. This is done to prevent potential misuse of the water turn-on process, by providing the same rules to all utility billing customers in the City. The landlord referenced above understood the policy and the reasons behind it, but thought that the flexibility provided with staff discretion over accepting a portion of the utility bill was more important than the possibility that misuse could occur. He asked Alderman Teeling to place this item on the agenda for discussion, and mentioned he would be at the meeting to make his case. While the ability to have flexibility in the waiver of some fees may be something that we should work towards (i.e. waiver of late fee for a first time late customer?), I am not sure I see the benefit in allowing service to be reinstated if only partial payment is received. However,the implementation of such a policy is a decision for the City Council, and could be easily implemented if the committee desires. 7-5-5-2: BILLS FOR SERVICE; DELINQUENCIES: A. Rendition Of Bills; Payment: Bills for water furnished shall be mailed on or about July 1, October 1, January 1 and April 1 of each year, and all bills and charges for water rents and other services are payable at the office of the city treasurer or collector. (Ord. 1982-9, 3-25-1982) B. Delinquent Bills: All charges for water shall be due and payable on rendition by mail of a notice of amount to the owner or tenant and shall become delinquent at the expiration of thirty (30) days from said date of mailing, and for the purpose of enforcing the lien as provided by statute, the fortieth day following the first day of the respective quarter is hereby fixed as a delinquency date. (Ord. 1982-9, 3-25-1982; amd. 1994 Code) C. Shutoff Of Water For Nonpayment; Turnon Fee; Payment Plan: Ten (10) days after a bill shall become delinquent, the water may be shut off from the premises, and shall not be turned on until all back rentals and charges are paid, together with a five dollar ($5.00) fee for turning on the water when service is located within the city limits; said fee shall be ten dollars ($10.00) plus all back rentals and charges when service is located beyond the city limits; provided however, at the discretion of the city finance director, a water service customer may enter into a payment plan with the city in order to avoid water shutoff. In this event, the water service customer shall pay the entirety of the current monthly charges, plus a portion of the delinquent charges as determined by the city finance director, so long as all delinquent sums are paid in full within eighteen (18) months. Nothing in this section shall obligate the city to enter into a payment plan with a water service customer. (Ord. 2010-14, 3-9-2010) D. Additional Deposit Required: In the event a water user becomes more than ten (10) days delinquent on two (2) or more separate occasions, the user may be required to furnish an additional deposit to the city in an amount equal to one estimated bill or not less than twenty five dollars ($25.00), and twenty five dollars ($25.00) in the case of all other property, and the city may refuse to turn said water on again until the aforesaid deposit has been received. (Ord. 1982-9, 3-25-1982) 7-5-8: WATER SHUTOFFS AND TURNONS: A. Authority To Shut Off Water; Nonliability: The city shall not be held responsible by reason of the breaking of any service pipe or apparatus, or for failure in the supply of water. The city, when necessary, without notice, may shut the water off in its mains for the purpose of making repairs or extensions or for other purposes. No claims shall be made against the city by reason of the breakage of any service pipe or service cock, or from other damage that may result from the shutting off of water for repairing, laying or relaying mains, hydrants or other connections. (Ord. 1974-69, 10-24-1974) B. Requests For Water Shutoff And Turnon: 1. Water Shutoff: Owners or consumers desiring to discontinue the use of water shall give notice thereof, in writing, to the superintendent of public works or the city treasurer or collector, who shall then cause the water to be turned off. Water rents or charges for services shall be made until such notice is given. When water service is discontinued, all water rentals for such service shall become due and payable. When water service is again desired after having been discontinued, a charge of five dollars ($5.00) shall be made and collected before turning on water and renewing service. 2. Water Turnon: In turning on water, the city council or the water department shall not be responsible for any damage that may occur by reason of improper fixtures, open or improper connections, or for any other causes. (Ord. 1974-69, 10-24-1974; amd. 1994 Code) C/T y Reviewed By: Agenda Item Number J� A 0 Legal El II OB #3 11 "AM Finance ❑ EST. �Z 1836 Engineer ❑ u City Administrator Tracking Number Police ❑ Kentlall County E `���� Human Resources El PW 2010-82 t Public Works ❑ City Council Agenda Item Summary Memo Title: Prevailing Wage Discussion Meeting and Date: Public Works—June 21, 2011 Synopsis: Discussion of prevailing wage language for City contracts. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: At time of packet creation, no materials were ready for distribution. I expect to have some draft language for presentation at the meeting.