Loading...
Public Works Packet 2010 06-15-10 =`,QED CITE � r © United City of Yorkville 800 Game Farm Road EST II _� Baas Yorkville, Illinois 60560 �.; } Telephone: 630-553-4350 Fax: 630-553-7575 Kyycnuv Cmpry E_ AGENDA AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, June 15, 2010 6:00 p.m. City Hall Conference Room Minutes for Correction/Approval: May 18, 2010 Items Recommended for Consent Agenda: New Business: 1. PW 2010-40 Commercial Solid Waste Franchise Agreement 2. PW 2010-41 Ordinance Regarding Trails and Sidewalks 3. PW 2010-42 Sunflower Estates Phase 3 — Final Acceptance and Bond Reduction#3 4. PW 2010-43 Downtown Parking Lot—Design Engineering Agreement 5. PW 2010-44 Route 47 Project—Resolution Regarding Overnight Construction 6. PW 2010-45 Tree Bank Proposal 7. PW 2010-46 Intergovernmental Agreement with Kendall County for Bulk Rock Salt Storage 8. PW 2010-47 Proposed Revisions to the Nuisance Ordinance (Weeds and Grass) 9. PW 2010-48 Proposed Water Ordinance Revision Old Business: 1. PW 2010-38 Punch List Processes Additional Business: 2010/2011 City Council Goals Public Works Committee Goal Elected Officials Staff Susan Mika I Joe Wywrot! Infrastructure planning. Sutcliff I Plocher Eric Dhuse/ Krysti Barksdale-Noble Trail planning and pedestrian(with Park Board) Werderich I Golinski Laura Schraw 1 Bart Olson I Joe Wywrot Development slow-down issues. Tecling/Gilson Krysti Barksdale-Noble/ Joe Wywrot UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, June 15, 2010 6:00 PM CITY CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTIONIAPPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. May 18, 2010 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- l. PW 2010-40 Commercial Solid Waste Franchise Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 2. PW 2010-41 Ordinance Regarding Trails and Sidewalks ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2010-42 Sunflower Estates Phase 3 --Final Acceptance and Bond Reduction#3 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2010-43 Downtown Parking Lot--Design Engineering Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2010-44 Route 47 Project—Resolution Regarding Overnight Construction ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2010-45 Tree Bank Proposal ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2010-46 Intergovernmental Agreement with Kendall County for Bulk Rock Salt Storage ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2010-47 Proposed Revisions to the Nuisance Ordinance (Weeds and Grass) ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ------------------------------------------------------------------------------------__----------------------------------------------_-_ 9. PW 2010-48 Proposed Water Ordinance Revision ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2010-38 Punch List Processes ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ADDITIONAL BUSINESS: DRAFT UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday, May 18, 2010 — 6:00 P.M. PRESENT: Chairman Joe Plocher Valerie Burd - Mayor George Gilson—Alderman Joe Wywrot (City Engineer) Diane Teeling- Alderman Eric Dhuse—City of Yorkville PRESENTATIONS: NONE The meeting was called to order @ 5:02 p.m. by Chairman Joe Plocher MINUTES FOR CORRECTION/APPROVAL: The minutes for April 20, 2010 were approved. Items Recommended for Consent Agenda: I. PW 2010-30 Water Department Report for March 2010 Move to consent 2. PW 2010-31 Water Department Report for April 2010 Move to Consent 3. PW 2010-32 Heartland Circle—Final Acceptance Joe Wywrot said there are a few issues here. He said a punchlist remaining yet; striping crosswalks, dead parkway trees, debris in vacant lots, etc. etc. Joe also said he did not get out there to verify if these items have been completed. He doesn't believe all of the trees are done, but still with these items remaining he recommends giving the developer another week to complete and if he doesn't have these items complete by next Tuesday night, perhaps table this item at that time. Joe also talked about the detour route that is currently in place in Heartland Circle. He said now that we are going to Final Acceptance he would like to consider the elimination of the detour route. Later in the meeting Chairperson Plocher and Alderman Teeling are ok with abolishing it, Joe mentioned that if we do go to Final Acceptance, there are some corresponding bond reductions. Alderman Gilson and Chairperson Plocher said they are ok with it as long as the punchlist is 100% complete. This item will move forward for discussion. 4. PW 2010-33 Yorkville Market Square—Letter of Credit Expiration Joe Wywrot said this is where Chase Bank is on the corner of Rt. 47 and Rt. 34, southeast corner. There hasn't been any additional activity here. There is 3 buildable lots on that site and only one is developed. Typically we wouldn't go to Final Acceptance unless we have 50% Build out which would mean 2 lots, but there is no activity. The developer is asking if we can go to Final Acceptance for the entire development for the Public Infrastructure. We are proceeding with that with him, but these are just Letters of Credit. The bank said these are going to expire. Joe said we normally come to the Public Works Committee and requests that the council authorize the clerk to call these Letters of Credit. That is the recommendation. Alderman Gilson mentioned that there is a wrong date of June 25, 2008 on the memorandum. Joe apologized for the error and said he would correct the memorandum. All agreed to that this can proceed once the correction is made. NEW BUSINESS: 1. PW 2010-34 Mowing Fines--Discussion Eric Dhuse said that Alderman Teeling asked for this agenda item. Eric said they went through step by step of what it is we do and who it involves and what the rules are. He didn't know if Alderman Teeling had any specific questions in mind. Alderman Teeling was wondering when we go out to mow, obviously we use the City's equipment; if the fees were substantially higher than if they called somebody else to mow their grass? Eric said he believes so` He said we could get it done for cheaper if we called someone as well. Alderman Teeling was curious how many people are repeat offenders. Eric said some. He said he wrote one owner a ticket 3 times for 7 to 10 lots each time. Alderman Teeling asked do you know what those fines would be. Eric replied it is totally up to the hearing officer. Alderman Teeling was curious as to what he or she does. Eric said it would vary per incident. Alderman Teeling then asked if these people remedy the situation. Eric Dhuse replied No; they didn't show up ever. Ms. Teeling then asked if we are charging them a per day fee as well. Eric said what we do is we lien it every time. It ends up being $340 per lot per time. Alderman Teeling was reading some ordinances where every day the fee is not taken care of it is a new offense. Eric said it absolutely can be, but this was not set up that way. If we can get paid for getting it mowed even if it's in a lien situation, let's take care of the problem. 2. PW 2010-35 Multi-way Stop Sign @ John/Sycamore Intersection Joe Wywrot said this has been a problem intersection since day one. You have two roads that are both collector roads and they carry almost identical traffic volumes. The volumes are nowhere near sufficient to justify warranting stop signs. The problem is there is a park right there and people park on the street and the sight is just not good. We initially tried Yield Signs, but there was still a problem. We looked at it again and nothing actually changed,but we would like to invoke a different section of the MUTCD which does allow us to put up a multi-way stop, if we have some type of operational issue that prevents an intersection from operating safely. We are recommending that this go to a 4-Way Stop. All agreed. This item will move forward to consent. 3. PW 2010-36 IDOT Funding Agreement—Downtown Parking Lot Joe Wywrot said basically we need to get this agreement into place before we enter into an agreement with a consulting engineer to design the parking lot. The basic terms is there a cap of$642K which is a lot of money for a 20 stall parking lot, which is what IDOT is willing to do. It also details how we are to receive the money. One is for the purchase of the land. The second one is for entering into an agreement with the consulting engineer and the third one is for awarding a contract for construction. For the last two, IDOT will give us the money before we spend anything, but for the first one however, we need to purchase the property before IDOT will reimburse us. Joe said this is a standard form agreement and if we are going to proceed with this project, we will have to approve it. Alderman Gilson said for the record he is against it. He has stated it before and he is stating it again. Joe Wywrot stated there is a clause in the agreement that we need to get a construction contracted awarded by July 1, 2013 or IDOT could avoid this agreement. This will move forward to consent. 4. PW 2010-37 Yorkville Business Center—Release of Remaining Bonds Joe Wywrot said we have had this development on the agenda several times over the past 6 months or so. Previously we released the land improvement bonds for units 2 & 3 because the developer finally did comply with all the requirements. These are for two different bonds; extending a water main out to Rt. 47 and completing land improvements for a lot that never got built. The bond for lot I unit 1; this is for the area between the pond on your Ieft and the railroad tracks. That lot was supposed to be developed at the same time F.E. Wheaton was expanding their business. There was some shared infrastructure between lot l and F.E. Wheaton; a private access alley, a water main, and a storm sewer were constructed, but nothing else. Some of the water main guaranteed by the first bond was actually built. The water main was extended a little bit and got closer to Rt. 47, but it never went all the way. Inland prepared a cost estimate of what they felt it would cost to extend that water main to Rt. 47; $55,752. Instead of keeping this bond in place they are offering to cut a check to the city for that amount that we could build that water main ourselves someday or give it to another developer when they need it to build that water main. Joe is recommending we accept that and he believes it is a fair deal for the city. In consequence for accepting that money,release that one bond. The bond for the water main extension is for the amount of about $60K. Regarding this bond, some of the work was completed. We have inspected it and there were some minor punchlist items like painting of hydrants or raising a valve, but they're really pretty minor and given the fact that lot 1 was never developed if it ever comes back to us to develop, we can require a bond at that time. Inland's offer of the $55K is to also release this bond. Joe is recommending yes to both. Chairperson Plocher asked .Toe Wywrot about how much of time crunch are we needed on this one. Joe replied these bonds have been sitting there for years and with the economy being bad, Inland is basically offering to step in and resolve this on our behalf. They're saying they might stop paying the premiums on the bonds and then we would have to fight with the bonding company. To avoid all of that mess they're recommending we reach this mutual agreement and release these two bonds in consideration of their payment for the water main extension. Chairperson Plocher said he would like to pass this onto City Council for discussion and have a little more time to do more research before he says Yeah or Nay on it. Alderman Gilson asked Joe Wywrot how he came up with the estimate of the $55k being correct and being sufficient. Did you actually get an engineered estimate and how did you arrive with it being sufficient. Joe said yes, it is the second letter in the packet. Alderman Gilson asked if this was the current estimate. Joe Wywrot stated that this was Inland's estimate. He looked at it and feels it is a reasonable estimate. Alderman Gilson states that the estimate doesn't state who performed the estimate. Joe replied that he prepared an estimate prior to this and to his recollection those are the exact same quantities. He put together the estimate that had significantly higher unit pri cing. His estimate had been like $8OK. The reason why his unit pricing was so much higher was assuming that bond gets established it has to remain in place for years and years and years and who knows what inflation is going to do to it. It's going to gobble it all up. His unit pricing was very conservative. Here if we get the money, we stick the money in the bank and it will grow by itself and you don't need to be as conservative. Alderman Gilson said he is not comfortable taking an estimate that has no name or no verification and you are just using their word that this is sufficient and going forward saying let's release it that and he would like to see that verified by somebody whether it would be our engineers or. Mayor Burd said Joe; write your name on it. Joe Wyrot said I am your City Engineer. Alderman Gilson said if we construct this tomorrow, you're positive we can pay $55,752 complete to have that water main installed in the ground including everything. Joe said he is comfortable stating that is a sufficient amount, an adequate amount. It would be close. It might be more. The thing is if it depends on we do the work or a developer does the work. Alderman Gilson said Joe you have to put your name on it. Joe said he already did, he signed the memo. Alderman Gilson so your positive that we will not pay anymore than $55,752. Mayor Burd and Joe Wywrot said nobody could be positive, but Joe also said it is a reasonable dollar amount to construct that work. Again Alderman Gilson stated he is uncomfortable using the developer's estimate and not verifying that with somebody else's. He also stated we have separate engineering for that, maybe EEI can do that or someone can actually go out and look at true costs today and verify those costs. Eric Dhuse said that Joe has been working on the IDOT stuff so he has been verifying costs for fire hydrants, landscaping, traffic controls, etc. etc. as recently as last week. Alderman Gilson replied OK, but like I said Joe if you're going to put your name on it. Joe Wywrot said I already have. Eric Dhuse said he would also concur with this. Estimate. He thinks it's very reasonable. Mayor Burd addressed Alderman Gilson stating that she thinks it's insulting, why you think EEI knows more than the City Engineer. (Bothe Mayor Burd & Alderman Gilson are taking over one another calmly, but it is hard to figure out what is be said) Alderman Gilson stated, Val, I, I, you know what I'm, I'm not here to debate with you because you want to do that, I'm not going to. Mayor Burd said I'm asking you a question. Alderman Gilson said all I'm saying is if you're comfortable with it. Mayor Burd then said, Excuse Me! But I have a right to ask you a question. Why do you think EEI... Alderman Gilson said Val; I don't have to answer to you. I have to answer to this board and I'm stating my opinion and I don't want to argue with you and I'm not going to. Mayor Burd said she is a member of this board. I'm asking you a question George. Chairperson Plocher brought everything back to the topic. Alderman Gilson had another question. If we release the private driveway entrance; you said that the private driveway entrance, the private storm sewer and the public sanitary sewer, that's all completed? Joe said the public sanitary sewer was never built and is not needed because Lot 1 is undeveloped. Alderman Gilson then asked; who then would be responsible when Lot I develops for that if we release that now? Joe said the developer of Lot 1. Joe also said in some future date some developer, some builder will approach the city to develop Lot 1 and at that time we will go through this process all over again of approving a site plan, establishing a cost estimate and calculating a bond amount. Alderman Gilson said but as of right now Inland is responsible for that. Joe said nobody is because nobody is developing it. Alderman Gilson said I guess my question is we are releasing that bond for that, correct. What you're telling me is releasing a bond we have in hand that we would have to renegotiate when a future development comes in, correct. That's what we're doing here. Joe said, right. Alderman Gilson said he is concerned with that. He thinks we should keep that bond. Joe said we are in position of control there. The developer needs building permits. They need the City signature on EPA application permits. We go through this process all of the time or at least use to when the economy was better. Alderman Gilson said he understands and his concerns is that he believes we have it in hand and that we should keep that bond and keep somebody responsible instead of having to renegotiate that at a future date and he has another question, that $55,752 are we going to hold that money in a separate account for specific use to build that water main. Mayor Burd said Joe doesn't know; he's not the finance director. Alderman Gilson asked if he can request to do that here or where does that request be made. Mayor Burd said, to me. Alderman Gilson asked if that would be sensible to hold that money in a separate account if we're going to actually have them release that water main and that supposed to be used for that water main. Mayor Burd said obviously. Alderman Gilson said that is his request if we're going to release it, he would like that contingent upon that. Alderman Teeling said we don't even know that Inland would be the one actually developing this. Joe said no, they could sell the property. So we're holding a bond that they don't even have a planned for. Alderman Gilson said but we also don't know Diane that they won't do that. Alderman Teeling said they can't because we'll be releasing the bonds. How does that work? Alderman Gilson, if they want to come back and develop Lot 1, they would be up for renegotiation. Joe Wywrot said we don't have to release the bond. The thing is if Inland stops paying the premium on the bond, the bond company will notify us that the bond has expired. We would have to call the bond. We may have to fight with that bonding company and we would have to develop those things. She doesn't think there shouldn't be a problem. Chairperson Plocher is confident in Joe's numbers. Joe Wywrot said that Inlands offer here is contingent on both bonds being released. Mayor Burd said as a member of the committee, she would like to say that she is fully confident that when Joe puts his name on something. She thinks he knows as much as any engineer. That is why we have him as our City Engineer and she would ask that the Alderman not brow beat the staff. Move forward for discussion. 5. PW 2010-38 Punch List Process -Discussion Joe Wywrot said the Alderman Gilson ask that this item be put on the agenda for discussion. Alderman Gilson has quite a few questions. He states that he has seen a quite a few developments come in and out where they sat for a long long time i.e. Sun Flower Estates, where they came back and there was a big surprise that things were not done and then there was contention as to who was responsible, builder or developer. We talk about processes in place, can you detail once a development is built and the punchlist is created, do we check those annually and update those punchlists annually and send a letter to the developer annually as a reminder. Joe Wywrot said we do not. He said we've always let punchlist completion be driven by the developer. Until the punchlist is completed and the subdivision is accepted by the City, it is not ours to maintain. If it deteriorates or something breaks, it's on the developer not on the city. Alderman Gilson said that makes sense, but his only contention with that is if something sits 10 years and we've bonded 110%/ 120%, ten years down the line that may not pay for that anymore. He's questioning if we can look at our procedures in place and he thinks it only makes sense to do an annual inspection of developments and update those punchlists and send reminders to the developers and track their responses. Alderman Gilson's follow-up question to that is how we track these now. You're saying we just don't, we just leave it to the developer. Joe said we keep records of what we send them and generate, but as far as proactively pursuing the developer to complete an item, that is more of a random thing. Alderman Gilson's suggestion to this table is to be more proactive. To go out and do an inspection annually at the different developments that are sitting in the books with punchlists and update those punchlists and send a reminder out to the developers. Another thing he wanted to ask was to look at the percentage of bonding. If developments are sitting and we're bonding @ 110%, maybe we should look at that policy. Maybe we should increase that. Joe said 110% is pretty much the industry standard. Joe asked George if he had a suggestion. Alderman Gilson said 120%. He said it is something to think about because he can see a lot of issues when things come back 5, 6, 7, 10 years and 110% of what the original engineer estimate is, is probably not accurate enough. Eric Dhuse said don't we though, when we reduce the Itters of credit now have that adjustment factor. Joe said yes. Alderman Gilson said but that is only when we reduce though. Eric said we are adjusting for the costs. A few more comments were made back and forth between Eric and George. Alderman Gilson's suggestion is still be more proactive in increasing the bonding amount. Joe said that would be more of a policy change. Alderman Gilson thought-he would mention it here first. Mayor Burd said with the recession, we can't get the money up front, because the banks are being very cautious. She thinks it's not in the developer's best interest to drag this on for years because they are responsible for the repairs. Chairperson Plocher said they usually don't let a punchlists go 10 years though. Isn't that unusual? Joe said by the time we get to a punchlists, the infrastructure is substantially complete and there is substantial amount of build out. We usually don't create a punchlists until a subdivision is 50% build out. We sometimes create a punchlists under special circumstance like Blackberry Woods which was only 10% built out so they can see what needs to be done. After more discussion it was decided to create a formal policy to update the punchlists and send the developers an annual update. As for an increase in the 110% Letters of Credit, it was decided that there will be no increase. Punchlists Policy to comeback next month. 6. PW 2010-39 Disposal of Property—Bobcat Skid Steer Eric Dhuse would like to sell a piece of equipment that the city no longer use and purchase the computer and software for the MUTCD special Reflectivity mandate. Eric received a bid for $6500 from Atlas Bobcat. He said this is a fair price. He doesn't think it is worth more than that. Chairperson Plocher said we are selling something to get something else. Eric said we are selling something that we don't utilize anymore. Chairperson Plocher said he is fine with it. Alderman Gilson asked if there is a Bluebook value for something like this. Eric said no, nothing like a Kelly Blue book. Alderman Gilson said if we sold this equipment, couldn't we keep those dollars and can it be sunk back into the Public Works Budget. Eric said no, it would have to go back into Public Works Capital. Alderman Gilson said given the fact that there has been an ongoing deficit in that department for 4 or 5 years now. Eric immediately responded, not in Public Works capital. Alderman Gilson came back and said Water. Eric said it can't go to that. It has to stay in capital. Alderman Gilson asked for his knowledge, we did pass in the budget the dollars for the laptop and the software or was that taken out. Eric replied it was taken out. Alderman Gilson said so that would get you that. Eric responded yes. Eric said we are looking for ways to avoid spending these dollars, but this is something we have to do. Alderman Gilson question if this Reflectivitiy Mandate is being fought against at a higher level. Eric said it is his understanding, if it made it to MUTCD and was passed, it will take a Federal thing to stop it. He would rather be ahead of this mandate than fight it from behind. Alderman Gilson asked if Eric can anticipate this money being used on the Capital side of things in the future. Eric is hoping that the permits will give him extra money in the reserve in case something happens. He mentioned last year we budgeted for 50 and we did 70. Eric said he budgeted for a pick-up, but he has no intention on purchasing a pick-up unless it breaks. If we get into hot and heavy mowing and the mower breaks down, that is where that money will come from is out of capital. Alderman Gilson asked what other items besides mowing would that money go to. Eric said snow plows, trucks or any type of equipment. AIderman Gilson's concerns are not the fact that you need that laptop, but I'm sure you do if that goes through, but he thinks there are more pressing issues that you may have to use that money for, for example some of the things you just mentioned. Eric said we already have that in the budget. Alderman Gilson asked if we have enough. Eric said he has $46K. Alderman Gilson asked if it's possible we would exceed that if something major happens. Eric said catastrophically, yes,but do we plan on it,NO. Chairperson Plocher said he doesn't think $6500 would make a big difference if something catastrophically happens. Alderman Gilson said if Eric is comfortable with it and you think we're not going to need that then so be it. Eric said Thank You. Alderman Teeling said this is a creative way to get the money that you need and it is a very good idea. Eric said Thanks. We all work together to try and come up with a solution. This item will move to consent. OLD BUSINESS: Alderman Gilson asked if the Saravanos Property responded to the punchlist. Joe Wywrot said he has not. He got the initial road patched. roe also knows that he's been talking to Paul about the building permit for the restaurant building. That permit has expired. It cannot be renewed,but he has to work that through with Paul. ADDITIONAL BUSINESS: Mayor Burd said she received a call from a Chicago Company that was interested in using the old jail for a TV show. She said we are keeping them on the list. Alderman Gilson asked about a Blackberry Detention Pond being removed. If that was correct. Joe Wywrot said that is incorrect. ADJOURNMENT OF THE PUBLIC WORKS COMMITTEE MEETING: With no further business to discuss, the meeting adjourned at 6:58p.m. Minutes respectfully submitted by Tim Dlugopolski SD C/p, Reviewed By: Agenda Item Number 2 o J q T Legal ❑ r 1 1836 EST. Finance F-1 Engineer ❑ Tracking Number O �� -� [r1 City Administrator ■ Consultant ❑ Agenda Item Summary Memo Title: Commercial Solid Waste Franchise Agreement Meeting and Date: Public Works 6115/10 Synopsis: Proposal for implementation of a commercial solid waste program in the City, as recommended by the Yorkville Green Committee. Council Action Previously Taken: Date of Action: PW 9115109 Action Taken: Sent back to Green Committee for further investigation. Item Number: Type of Vote Required: Council Action Requested: Discussion Submitted by: Frank Guilbo Administration Name Department Agenda Item Notes: Memorandum �� To: City Council EST. -� _ iB36 From: Frank Guilbo, Administrative Intern CC: Bart Olson, City Administrator � �M p Date: June 15, 2010 �CEc Subject: Commercial Solid Waste Commercial Solid Waste Request for Proposal EXECUTIVE SUMMARY With the growing size of Yorkville, commercial solid waste generated is on the rise leading to an increase of disposal trucks on the road. As suggested by the Green Committee, the staff has researched a contract for commercial solid waste and recyclables. A study done by the Village of Oak Park estimating a commercial solid waste program would lower the number of disposal trucks traffic by 65%per week lowering pollution and wear on the roads. BACKGROUND Niles, IL has had a commercial solid waste program since 2008. Survey results done in Niles were positive and comparative to results of similar surveys conducted by Solid Waste Agency of Northern Cook County(SWANCC) saying 90% of businesses save money under a commercial solid waste franchise and could provide an average estimated savings to businesses of 30% to 40%. In accordance to Illinois Municipal Code (65 1LCS 5111-19-1) (from Ch. 24, par. I 1-19-1) "a municipality may contract with private industry to operate a designated facility for the disposal, treatment or recycling of solid waste, and may enter into contracts with private firms or local governments for the delivery of waste to such facility." Commercial waste collection is different than residential. Collection companies use larger trucks with more modern container systems which makes it highly efficient. Disposal of commercial waste is a cost of doing business which will simply be passed on to the customers therefore in theory lower business costs lead to lower costs to the customers. Entities that could be included but are not limited to shopping centers, stores, banks, theaters, gas stations, medical facilities,business offices, motels, government offices, schools, and religious facilities. The businesses are billed directly by the contractor. All costs to the user are to be laid out in the proposal and are to be fixed for the term of the contract. Although the cost of the contract will be considered in determining the final recommendation to the City Council, equal consideration will be given to other factors including the ability to meet the capacity and previous operating history. The City retains the right to select the proposal which will best meet the overall needs of the organization and businesses and retains the right to reject any or all submissions. After final approval of the selected proposal by law there must be a 15 month waitinfi period before the commercial solid waste program can be put into action. SPECIAL PREVISIONS FOR CONSIDERATION WITHIN THE AGREEMENT • Previous contracts Considering the City's exclusive hauler will be the only hauler licensed to collect commercial waste in the City, a business's current solid waste service will not have a license to operate within the City and not be able to honor any contract signed. • Free recycling Business could receive a recycling bin for free weekly pick up to increase recycling. Part of a campaign program to show public we care with bins hot stamped with Yorkville Recycles? • Selling of recyclables If a business currently sells its recyclables to a third party it will be able to continue to do so. The goal is not to hurt businesses, but to provide a service to businesses that do not have the ability to recycle for cost reasons. • Container maintenance Refuse bins with graffiti will be replaced within 10 days of notification. • Regulation for trucks Trucks will need to be covered to prevent trash from blowing out of the trucks and on the streets. And nighttime noise regulations need to be proposed. • Special collection needs Not covered under the commercial solid waste program are liquid, grease, hazardous waste. Another contractor must be provided for those services. We may need to do a survey of the local businesses to find if any businesses use a trash compactor. Compacted waste pickup will be priced special by the contractor. • Joining with surrounding communities One arrangement is the joining of Cities into small regional associations. Some small counties in Florida banded together in their own regional grouping. A reason was one of them had sufficient landfill capacity. We could talk to any surrounding community to see if they are interested in a joint commercial solid waste program. GOALS OF THE AGREEMENT • Provide efficient and cost effective service; • Utilize competition to ensure that services are market-driven; • Maximize recycling opportunities; • Increase aesthetics and cleanliness of set out areas; • Reduce the number of collection vehicles thereby reducing traffic congestion; and • Reduce air pollution and the emission of greenhouse gases. BENEFITS (FROM NILES) As stated on the Village of Niles website the benefits of a Commercial Solid Waste Franchise are: • Uniform pricing for all businesses. • A majority of businesses will be charged less for same service. • Eliminate fuel recovery surcharges which currently add over 20% to the base service cost. • Predictable escalators tied to the Consumer Price Index. • Free 95 gallon recycling cart for every business and a reduced recycling fee schedule that will further reduce refuse collection cost. • Increased community recycling. • Village oversight and monitoring to ensure service quality. • Reduced number of trucks on streets and alleys. • Reduced wear and tear on streets and alleys. • Reduced emissions and diesel particulates in the air. • More control over public health, safety, and welfare issues. FINANCIAL CONDITIONS FROM OTHER CITIES Oakbrook Terrace currently has a Commercial Solid Waste Program with financial conditions as follows: • At the request of the CITY, the CONTRACTOR shall furnish to the CITY annually, within forty five (45) days of the end of CONTRACTOR'S fiscal year, certified year- end financial reports for CONTRACTOR'S refuse collection and disposal business including an income statement and balance sheet for that fiscal year. • The CONTRACTOR shall furnish a Letter of Credit in a form and from a company or bank approved by the City Attorney, in order to assure the faithful performance of this AGREEMENT, the Letter of Credit shall be in the amount of Three Hundred Fifty Thousand and No/100 Dollars ($350,000.00) for the period of this AGREEMENT, including any renewal thereof. • The CONTRACTOR shall pay an annual franchise fee to the CITY of Six Thousand and No/100 Dollars ($6,000.00) in order to reimburse the CITY for its cost for administration of this AGREEMENT. The initial $6,000 payment shall be due upon execution of this AGREEMENT. The City of Wilmette's financial conditions are: • The Contractor shall remit to the Municipality an administrative fee of$75,000 per year in four equal quarterly payments and submit the same along with the service reports required under Section 8.1 herein. The administrative fee shall be included in the rates listed in Exhibit B and shall not be separately listed on the monthly bills to the commercial entities. Brooke Beal, Executive Director of SWANCC states administrative fees are calculated by the number of businesses that are in the City. A contractor can justify a$50,000 administrative fee for 500 businesses without raising the rates for waste pickup. Yorkville currently has 275 businesses which would bring an administrative fee of up to $27,500. An administrative fee would pay for costs of administering the contract, City staff to handle complaints and issues, health officer who enforces dumpster regulations, inspectors who enforces building codes such as enclosures for dumpsters, and police who enforce overweight garbage trucks. Policy questions to consider I. Would a commercial solid waste program best meet the goals of the City? 2. Will businesses have concerns on switching providers? 3. Does competition keep rates lower and if so do the lower rates outweigh the negative impacts multiple disposal trucks have on the environment and roads? 4. What is the traffic impact and environmental difference between multiple trucks circulating to a single company handling the commercial solid waste? • Villages o Oak Park did u study to estimate haste hauling traffic and concluded a commercial.solid waste program would reduce waste hauling truf c by 65%per week. Some of the Cities that have a successful commercial solid waste program in Illinois are: • Mount Prospect • Oakbrook Terrace • Roselle • Wilmette • Niles • Skokie • Oak Park Prepared for Arlington County, VA DES/Utilities and Environmental Policy Solid Waste Bureau Solid Waste Service Characteristics Commercial Businesses by Type Office Retail/Wholesale Food/Restaurant Mfg./Trans/Medical Inst./Hotel/Mixed % Paying for own solid waste service 82.9% 77.1% 88.7% 75.0% 83.3% % Sharing container with another entity 37.1% 16.7% 17.0% 26.9% 20.8% Type of container% Can or Bag 8.6% 13.0% 9.4% 8.2% 8.3% Wheeled cart 22.9% 4.3% 5.7% 4.1% 16.7% Dumpster 45.7% 56.5% 77.4% 75.5% 41.7% Roll of 22.9% 13.0% 7.5% 8.2% 33.3% Other 0.0% 13.0% 0.0% 4:1% 0.0% Collection Frequency% <1X/week 8.6% 9.7% 0.0% 6.4% 0.0% 1X/week 35.3% 48.8% 26.4% 53.2% 29.2% >1-<2X/week 0.0% 0.0% 0.0% 2.2% 8.4% 2X/week 29.4% 14.3% 26.4% 19.1% 37.5% 3X/week 2.9% 12.2% 30.2% 6.4% 12.5% >3-4X/week 0.0% 2.4% 7.5% 2.1% 0.0% >4-5X/week 23.5% 0.0% 0.0% 8.5% 8.3% 6X/week 0.0% 0.0% 7.5% 0.0% 4.2% 7+X/week 0.0% 0.0% 1.9% 0.0% 0.0% Average frequency/week 2.2 1.5 2.6 1.9 2.2 % That Recycle 91.4% 64.5% 77.4% 61.5% 91.7% Only one commodity 54.3% 56.3% 66.0% 40.4% 37.5% 2+ Commodity 37.1% 8.3% 11.3% 21.2% 54.2% AGREEMENT FOR RESIDENTIAL AND COMMERCIAL COLLECTION, TRANSPORTATION AND DISPOSAL OF GENERAL REFUSE AND LANDSCAPE WASTE AND THE COLLECTION, TRANSPORTATION AND SALE OF RECYCLABLE MATERIALS IN THE CITY OF OAKBROOK TERRACE, ILLINOIS THIS AGREEMENT ("AGREEMENT"), made and entered into as of this 1" day Of September, 2007, by and between the CITY OF OAKBROOK TERRACE, an Illinois municipal corporation, (hereinafter referred to as the "CITY") and FLOOD BROS. DISPOSAL CO. INC., an Illinois corporation (hereinafter referred to as the "CONTRACTOR"): RECITALS WHEREAS, the CITY is a home rule unit of local government under Article VII, Section 6 of the 1970 Illinois Constitution and, except as limited by such Section, it may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the CITY has determined to provide for the method or methods of collection, transportation and disposal of GENERAL REFUSE and LANDSCAPE WASTE and the collection, transportation and sale of RECYCLABLE MATERIALS located within its boundaries, to provide that the method chosen may be the exclusive method to be used within its boundaries, and to impose on its residents and commercial entities rates and charges relating to such services; and WHEREAS, the CITY has determined that it is in the best interests of its residents and commercial entities to contract with a single waste hauler for the collection, transportation and disposal of GENERAL REFUSE and LANDSCAPE WASTE and the collection, transportation and sale of RECYCLABLE MATERIALS at a facility or facilities provided by the CONTRACTOR; and WHEREAS, the CITY has heretofore contracted with the CONTRACTOR for services including collection, transportation and disposal of GENERAL REFUSE and LANDSCAPE WASTE and the collection, transportation and sale of RECYCLABLE MATERIALS in the CITY; and WHEREAS, the CITY has determined that this award of a franchise to the CONTRACTOR as set out in this AGREEMENT is in the best interest of, and most favorable to the CITY, and NOW, THEREFORE, IN CONSIDERATION of the promises contained herein, and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. GRANT OF FRANCHISE A. To the extent allowed by applicable law, the CITY hereby grants to the CONTRACTOR the exclusive right, privilege, license and franchise for the collection, transportation and disposal of GENERAL REFUSE and LANDSCAPE Refuse Collection and Disposal Contract, Page 1 Exhibit"A"Of Resolution No.R07- 10 WASTE; all within the corporate limits of the CITY, for a term to begin on September 1, 2007, and continue through August 31, 2012, unless and until cancelled or terminated prior to August 31, 2012 as otherwise provided herein. B. The CITY hereby grants the CONTRACTOR the right, privilege, license and franchise for the collection, transportation and sale of RECYCLABLE MATERIALS in the CITY for the same term as stated in A. above. C. The CONTRACTOR agrees to furnish all labor, material and equipment necessary for the collection, transportation and disposal of GENERAL REFUSE and LANDSCAPE WASTE and the collection, transportation and sale of RECYCLABLE MATERIALS in the CITY. II. DEFINITIONS For purposes of this AGREEMENT,the following definitions shall apply: A. "AGREEMENT" shall mean and refer to this contract. B. "AMNESTY PERIOD" shall mean shall mean a period of six (6) months, from October 15. 2007, until April 15, 2008. during which time the CONTRACTOR and the CITY shall jointly educate the occupants of the RESIDENTIAL UNITS in the CITY concerning the requirements of this AGREEMENT and the limitations on collection of GENERAL REFUSE at no cost pursuant to this AGREEMENT, and during which time the CONTRACTOR shall continue to collect GENERAL REFUSE at no cost whether or not it is placed in a closed, wheeled, 65-gallon or 35-gallon GENERAL REFUSE container supplied by the CONTRACTOR. C. "BULK ITEMS" shall mean items of GENERAL REFUSE that cannot be reduced to fit into a 65-gallon or 35-gallon wheeled container, such as discarded furniture. fixtures, household appliances of all kinds, including WHITE GOODS, and small amounts of construction debris, which can be loaded into standard refuse collection equipment without assistance and which would be accepted by the disposal site to which it is transported. D. "C.O.D ACCOUNTS" shall mean customers that are not regularly billed by the CONTRACTOR for services hereunder, but who request ROLL-OFF service by the CONTRACTOR. E. "COMMERCIAL SERVICE ACCOUNT" shall mean business establishments, religious and civic organizations, construction work sites, and industrial establishments. F. "CONDOMINIUM PROJECT" shall mean and refer to any multiple-family building or property that has been submitted to the Condominium Property Act (765 ILCS60511, et seq.). Refuse Collection and Disposal Contract, Page 2 Exhibit"A"Of Resolution No.R07- 10 G. "GENERAL REFUSE" (also known as "Solid Waste") shall mean and refer to all Solid Waste, as defined by Section 3.53 of the Illinois Environmental Protection Act (415 ILCS 513.53), which is not hazardous, and other discarded or abandoned material including, without limitation, garbage, rubbish, BULK ITEMS and small amounts of building materials and construction or demolition debris, or other similar waste otherwise generated by RESIDENTIAL UNITS, COMMERCIAL SERVICE ACCOUNTS and MULTIPLE-FAMILY ACCOUNTS. GENERAL REFUSE shall not include HAZARDOUS WASTE. RECYCLABLE MATERIALS, or LANDSCAPE WASTE. H. "HAZARDOUS WASTE" shall mean and refer to a waste or combination of wastes which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed or which has been identified, by characteristics or listing, as being hazardous or having such impacts pursuant to federal statute, 42 USC §6921, and rules and regulations promulgated pursuant thereto, or other applicable laws, ordinances or regulations. 1. "LANDSCAPE WASTE" shall mean all accumulations of grass or shrubbery cuttings, leaves, tree limbs, trees and other material accumulated as the result of the care of lawns, shrubbery, vines and trees, which are generated by a RESIDENTIAL UNIT. CONDOMINIUM PROJECT, COMMERCIAL SERVICE ACCOUNT OR MULTIPLE-FAMILY ACCOUNT. Sod. dirt, Christmas trees, and greenery from wreaths and garlands shall not be considered LANDSCAPE WASTE and shall be disposed of as GENERAL REFUSE, unless a composting facility is open and will accept it. J. "MULTIPLE-FAMILY ACCOUNT" shall include only a multiple-family building containing more than four (4) units that is not a CONDOMINIUM PROJECT. where each individual unit does not have a separate collection point. K. "RECYCLABLE MATERIALS" shall mean the items set forth in Paragraph I I1.B.] of this AGREEMENT, or other items added to that list by amendment to this AGREEMENT which are specifically set aside from other GENERAL REFUSE for the purpose of recycling. L. "REFUSE STICKER" shall mean a label, which shall be provided by the CONTRACTOR and sold in locations as agreed between the CITY and the CONTRACTOR at a cost of two dollars ($2.00) and which, after the AMNESTY PERIOD, shall be affixed to any GENERAL REFUSE, other than BULK ITEMS and SPECIAL PICK-UPS,that is in excess of that contained in the closed, wheeled 65- gallon or 35-gallon GENERAL REFUSE container to be supplied by the CONTRACTOR pursuant to this AGREEMENT. Refuse Collection and Disposal Contract, Page 3 Exhibit"A"Of Resolution Ho.R07- 10 M. "RESIDENTIAL SERVICE" shall mean the collection of Solid Waste at all single- family attached and detached dwellings and all CONDOMINIUM PROJECTS. N. "ROLL-OFF" shall mean a ten (10) to fifty (50) cubic yard container with an open top for collection of large amounts of GENERAL REFUSE, SPECIAL PICK-UPS and WASTE EXCLUSIONS from a RESIDENTIAL UNIT, or MULTIFAMILY and COMMERCIAL ACCOUNTS. 0. "RESIDENTIAL UNIT" shall mean each single-family residential dwelling in the CITY, whether detached or attached, and each unit included in a CONDOMINIUM PROJECT. P. "SPECIAL PICK-UP" shall mean collection of drywall, plywood, paneling, carpeting, disassembled kitchen and bathroom fixtures. sod, clay, sand, stone. concrete, rocks, or any other loose small items or construction materials or LANDSCAPE WASTE that are not suitable for placement in containers, and that exceed fifty (50) pounds in weight, or that are in bundles exceeding four feet (T) in length and two feet (T) in diameter or fifty (50) pounds in weight. Q. "WASTE EXCLUSIONS" shall mean materials that will not be collected, including earth, sod. rocks, concrete, refuse from remodeling or construction of homes. and trees or parts thereof(with the exception of small branches 6" or less in diameter). However, this does not exclude small amounts of earth and sod when placed in proper disposable containers. R. "WHITE GOODS" shall mean appliances such as stoves, refrigerators, washers. dryers. water heaters, furnaces, air conditioners, freezers, dehumidifiers, and any other item defined as such by state statute (415 ILCS 511, etsey.) III. CONTRACTOR'S COLLECTION SERVICES A. GENERAL REFUSE Collection Service 1. The CONTRACTOR shall provide regular collection service once each week to each RESIDENTIAL UNIT. 2. The CONTRACTOR shall collect GENERAL REFUSE from all single-family dwellings, attached or detached at no cost to the customer, and transport such GENERAL REFUSE to a facility designated by the CONTRACTOR, when such GENERAL REFUSE is placed in a closed, wheeled, 65-gallon or 35- gallon container, as purchased, supplied and delivered by the CONTRACTOR, as long as such container is placed in the vicinity of the edge of the street pavement or concrete shoulder line. On or before October 15, 2007, each single family dwelling, attached or detached, will be supplied with either a wheeled 65-gallon or a 35-gallon container, and the size supplied will be at the resident's option, in a color agreed to by the CITY and CONTRACTOR, as pictured in Exhibit A of this AGREEMENT. at no cost to Refuse Collection and Disposal Contract, Page 4 Exhibit"A"Of Resolution No.R07- 10 the resident. Such container shall include the CITY'S logo and shall designate the container for GENERAL REFUSE only, as pictured in Exhibit B of this AGREEMENT. In addition, the CONTRACTOR shall provide for the removal of refuse in other types of containers placed in the vicinity of the edge of the street pavement or concrete shoulder line according to the provisions of Paragraphs 18 and 19 below. 3. No GENERAL REFUSE is to be brought from outside the CITY limits, whether by the CONTRACTOR or the customers, for disposal within the CITY. 4. At least once per week, GENERAL REFUSE shall also be collected and transported from every CONDOMINIUM PROJECT at no cost to the residents, and from every COMMERCIAL SERVICE ACCOUNT, MULTIPLE-FAMILY ACCOUNT and any other establishment that requires this service hereunder, at the rates provided for in Exhibit C of this AGREEMENT. S. Except during the AMNESTY PERIOD described in Paragraph 18 below or unless a refuse sticker is clearly affixed on a container not provided by the CONTRACTOR as described in Paragraph 19 below, the CONTRACTOR shall not be responsible for collecting WASTE EXCLUSIONS or GENERAL REFUSE that is placed in any container of any type other than the container provided by the CONTRACTOR. The CONTRACTOR shall not be responsible for pick-up of loose GENERAL REFUSE unless it is considered a BULK ITEM or if a SPECIAL PICK-UP is ordered, except the CONTRACTOR shall be responsible for the pick-up of loose materials not in a container, if the negligence of the CONTRACTOR was the cause for the separation of such loose GENERAL REFUSE from the container, and the CONTRACTOR shall also be responsible for the pick-up of GENERAL REFUSE within ten feet (10') of a container that may have become separated from such container by intervening circumstances including weather conditions.vandalism, wildlife or the like. 6. The CONTRACTOR is responsible for completely emptying all containers or bins and returning them to the edge of the street pavement or concrete shoulder line in a neat and orderly fashion. Furthermore, empty containers or bins shall be returned in an upright position, and in a group. The CONTRACTOR understands and agrees that these are very important service delivery standards for the CITY. 7. Except when a refuse sticker is required, there shall be no cost, to RESIDENTIAL UNITS, whether single family detached or attached dwellings or CONDOMINIUM PROJECTS, for the collection, transportation and disposal of GENERAL REFUSE for the entire length of this AGREEMENT, except as established in Exhibit D. The cost for collection, transportation and disposal of GENERAL REFUSE for COMMERCIAL Refuse Collection and Disposal Contract, Page S Exhibit"A"Of Resolution No.R07-10 SERVICE ACCOUNTS AND MULTIPLE-FAMILY ACCOUNTS shall be as set forth in Exhibit C of this AGREEMENT. 8. The CONTRACTOR shall also be responsible for pickup of WHITE GOODS and BULK ITEMS from single-family dwellings, attached or detached, at no charge to the residents, at the time of regular weekly collection. The CONTRACTOR may charge RESIDENTIAL UNITS at a rate established in Exhibit D of this AGREEMENT for collection on any other collection date, which collection shall be considered a SPECIAL PICK-UP. 9, A SPECIAL PICK-UP shall be provided to any RESIDENTIAL UNIT within 48 hours of a phone request to the CONTRACTOR. The container size and pickup frequency will be determined by agreement of the CONTRACTOR and resident or. if no agreement, then as reasonably determined by the CITY. The cost of this SPECIAL PICK-UP shall be charged at a rate established in Exhibit D of this AGREEMENT. 10. The CONTRACTOR shall not collect for or transport any GENERAL REFUSE , to any facility where such collection or transport, or any receipt of such GENERAL REFUSE would violate any law, regulation, or any rule of said facility, including but are not limited to any HAZARDOUS WASTE. 11. Unless otherwise specified by the CITY, RESIDENTIAL SERVICE shall take place at the street pavement fine or concrete shoulder line. Collection for any COMMERCIAL SERVICE ACCOUNT or MULTIPLE-FAMILY ACCOUNT shall take place at a location agreeable to the CONTRACTOR and such Accounts. 12. CONTRACTOR shall collect GENERAL REFUSE in the CITY under this AGREEMENT only between the hours of 7:00 a.m. and 5:00 p.m. daily. Monday through Friday. Any violation of this provision will be prosecuted under Section 51.03 (K) of the municipal code of ordinances, 13. City Facilities: Existing And New: The CONTRACTOR shall provide container services for GENERAL REFUSE as otherwise provided herein, to the CITY'S publicly operated facilities as needed, including the furnishing of adequate approved containers, including ROLL-OFFS if necessary, for all public buildings and operations. There will be no charge to the CITY for these services. CONTRACTOR shall provide Dumpsters at the City Hall/Police Station, Public Works Garage, Building and Zoning Annex, and the Water Maintenance Facility. The CONTRACTOR shall also be responsible for similar collection from any other structures or facilities purchased, acquired, built new, or otherwise controlled by the CITY during the term of this AGREEMENT, upon written notice to the CONTRACTOR from the CITY. Refuse Collection and Disposal Contract, Page b Exhibit"A"Of Resolution No.R07-10 The CONTRACTOR shall provide demolition and construction waste collection and disposal service for any City facility demolished, built new, reconstructed or in any other way rehabilitated during the term of this AGREEMENT.There will be no charge to the CITY for these services. 14. The CONTRACTOR shall provide GENERAL REFUSE collection in emergencies as determined and declared by the Mayor of the CITY, necessary to alleviate threats to public health, safety and welfare. CONTRACTOR shall, without charge, provide annually to the CITY Six Thousand and No/100 Dollars ($6,000.00) of such emergency services. This allowance shall be carried over, if unused, by the CITY from year to year, but the CONTRACTOR is not obligated to provide more than Twelve Thousand and No/l00 Dollars ($12,000.00) of emergency service in any year. 15. In addition, the CONTRACTOR shall provide GENERAL REFUSE collection without charge in conjunction with the 50`h Anniversary Celebration in 2008. and other yearly community events, including, but not necessarily limited to the 4`h of July Picnic, Concert and Fireworks and the CITY-wide garage sale,which are held at least in part on public property, and shall also provide, at no charge to the CITY, a sufficient number of portable toilets with internal hand washing capabilities, no more than six (6), and stand alone hand washing stations, no more than two (2), for each such event, as the CITY determines. 16. The CONTRACTOR shall prepare and submit a quarterly report to the CITY which accurately details the total weight of the GENERAL REFUSE collected and disposed of, the facility to which it was transported, and any other data reasonably requested by the CITY. Said report will be provided by the CONTRACTOR no later than fifteen (15) days after the last day of the preceding quarter. 17. Sod, dirt, Christmas trees, and greenery from wreaths and garlands shall not be considered LANDSCAPE WASTE and shall be disposed of as GENERAL REFUSE, unless a composting facility is open and will accept it. Christmas trees left on the shoulder or at the edge of pavement of the street during the term of this AGREEMENT, shall be collected at no cost to the resident or CITY. 18. During the AMNESTY PERIOD, the CONTRACTOR shall continue to collect GENERAL REFUSE at no cost whether or not it is placed in a closed, wheeled, 65-gallon or 35-gallon GENERAL REFUSE container supplied by the CONTRACTOR; however, after the AMNESTY PERIOD, any GENERAL REFUSE, other than BULK ITEMS and SPECIAL PICK- UPS, which is not placed in the container supplied by the CONTRACTOR, shall not be collected unless a REFUSE STICKER is affixed to the individual containing excess GENERAL REFUSE, however, the CONTRACTOR is not Refuse Collection and Disposal Contract, Page 7 Exhibit"A"Of Resolution No.R07-10 g. Bi-Metal, which shall include all types of bi-metal food and beverage cans h. Empty and cleaned paint cans i. Empty aerosol cans j. All plastic resin labeled PVC3 (e.g., health and beauty aid bottles, etc.) k. All plastic resin labeled LDPE4 (e.g., plastic grocer, bags, etc. certain yogurt and cottage cheese containers and other miscellaneous dairy product containers) 1. All plastic resin labeled PP5 (e.g. - syrup bottles, ketchup bottles, etc.) Ill. All plastic resin labeled PS6 including foamed packing grade and clear and colored non-foam (e.g.. styrofoam cups, packaging peanuts, egg cartons, etc.) n. Plastic resin labeled #7 (e.g., squeezable bottles, microwave containers, etc.) o. Wet-strength cardboard (e.g., cardboard beverage carriers, frozen food packaging, etc.) P. Aseptic packaging and gable - topped containers (e.g. juice boxes, milk cartons,juice cartons etc.) q. Formed steel containers Additional RECYCLABLE MATERIALS may be added to this list by agreement of the parties. No RECYCLABLE MATERIALS may be eliminated from this list by the CONTRACTOR without written permission from the City Administrator. 2. RECYCLABLE MATERIALS shall be collected by the CONTRACTOR, at no cost, at least once each week at the edge of the street pavement, concrete shoulder line or curb line from each single-family dwelling, detached or attached; and from all CONDOMINIUM PROJECTS. COMMERCIAL SERVICE ACCOUNTS and MULTIPLE-FAMILY ACCOUNTS on the same day as GENERAL REFUSE collection in the manner agreed upon between the CONTRACTOR and authorized representatives of such Projects or Accounts. 3. RECYCLABLE MATERIALS shall be collected in recycling containers supplied, purchased and delivered by the CONTRACTOR. On or before October 15, 2007, each single-family dwelling, detached or attached, will be supplied with new, wheeled, 65-gallon containers, in a color agreed to by the CITY and the CONTRACTOR, as depicted in Exhibit A. at no cost to the resident. Such containers shall include the CITY'S logo and the universal recycling symbol as depicted in Exhibit B. The CONTRACTOR shall provide notice to residents that it will provide for the removal of existing recycling bins placed in the vicinity of the edge of the street pavement or Refuse Collection and Disposal Contract, page 9 Exhibit"A"Of Resolution No.R07-10 concrete shoulder line on specified dates to be agreed to by the CITY and the CONTRACTOR. Every COMMERCIAL SERVICE ACCOUNT and MULTIPLE-FAMILY ACCOUNT, will also be supplied with new recycling containers by the CONTRACTOR at no cost to the customer. as determined necessary on an account by account basis. If the recycling container is damaged in any way by the CONTRACTOR, or if the recycling container is stolen, it will be replaced at no cost to the residential or commercial customer. If the recycling container is lost or damaged by a resident of a single-family dwelling, detached or attached, or a CONDOMINIUM PROJECT, or by a COMMERCIAL SERVICE ACCOUNT or MULTIPLE- FAMILY ACCOUNT, it shall be replaced by the CONTRACTOR, at a cost established in Exhibit D of this AGREEMENT. 4. All RECYCLABLE MATERIALS shall be collected, separated and processed by CONTRACTOR to facilitate the sale of RECYCLABLE MATERIALS to re-manufacturers for post-consumer use. No materials collected as RECYCLABLE MATERIALS shall be commingled with GENERAL REFUSE or LANDSCAPE WASTE, or deposited at a landfill or waste incinerator during or after collection. 5. The CONTRACTOR shall be responsible for preparing and submitting to the CITY a quarterly report detailing weekly and quarterly participation in the recycling program, and indicating rates and tons collected for each type of RECYCLABLE MATERIALS. Said report will be provided by the CONTRACTOR no later than fifteen (15) days after the last day of the preceding quarter. 6. The CONTRACTOR shall prepare and distribute promotional materials for the recycling program. The CITY shall approve any promotional material before distribution by CONTRACTOR. 7. Any and all requirements applicable to the CONTRACTOR in Paragraph III.A (l), (4), (6), and (10) - (15) for GENERAL REFUSE collection above shall also apply to RECYCLABLE MATERIALS collection. C. LANDSCAPE WASTE Collection I. LANDSCAPE WASTE, including grass and leaves, shall be collected by the CONTRACTOR, at no cost, once each week, on the same day of GENERAL REFUSE collection, at the edge of the street pavement, concrete shoulder line or curb line from each single-family dwelling, detached or attached; and from each CONDOMINIUM PROJECT, COMMERCIAL SERVICE ACCOUNT and MULTIPLE-FAMILY ACCOUNT in the manner agreed upon between the CONTRACTOR and such Projects or Accounts; provided that for LANDSCAPE WASTE collected from a COMMERCIAL SERVICE ACCOUNT OR MULTIPLE-FAMILY ACCOUNT in excess of one (1) cubic yard, there shall be a charge as provided in Exhibit C. LANDSCAPE Refuse Collection and Disposal Contract, Page 10 Exhibit"A"Of Resolution No.R07- 10 WASTE for single-family dwellings shall be contained within a 35-gallon or less KraftC paper bag or in a 35-gallon or less enclosed can; provided that such a can shall have a sticker affixed thereto marked "YARDWASTE ONLY" as provided by the CONTRACTOR and made available at no charge at City Hall, and further provided that no bag or can shall exceed sixty (60) pounds in weight when filled. A single branch. or a group of branches neatly bundled or tied shall also be collected by the CONTRACTOR; provided that no brush bundle shall exceed four feet (47) in length by two feet (21) in diameter, and no single branch shall exceed three inches (3'") in caliper. The LANDSCAPE WASTE collection season shall be April I to December 15 of each year during the term of this AGREEMENT. The CITY and the CONTRACTOR may mutually agree in writing to alter this collection period. 2. Quarterly collection reports shall be furnished to the CITY documenting the volume and tonnage of the LANDSCAPE WASTE collected. Said report will be provided by the CONTRACTOR no later than fifteen (15) days after the last day of the preceding quarter. 3. All LANDSCAPE WASTE shall be collected, separated and processed to facilitate its transportation to an Illinois Environmental Protection Agency approved and permitted composting facility. No materials collected as LANDSCAPE WASTE shall be commingled with GENERAL REFUSE or RECYCLABLE MATERIALS, or deposited at a landfill or waste incinerator. 4. All requirements applicable to the CONTRACTOR in Paragraph III.A (1)5 (4), (6). (10) - (14) and (17) above for GENERAL REFUSE collection shall also apply to LANDSCAPE WASTE collection. IV. GENERAL CONDITIONS FOR ALL COLLECTION A. The CONTRACTOR shall delay collection by one (1) day during holiday weeks when a recognized holiday falls on or before a regular collection day. Recognized holidays include: New Year's Day, Memorial Day, Independence Day. Labor Day, Thanksgiving Day, and Christmas Day. B. Except for the first collection after Christmas, as provided in Paragraph R hereof, any material placed for collection, which is not properly prepared or consistent with the guidelines set forth herein, shall not be collected by CONTRACTOR. CONTRACTOR shall attach a self-adhesive "Sorry Note" on an), material not collected, stating the reason such material was not collected. The date, address, and reason that the "Sorry Note" was issued shall be reported to the CITY within twenty- four (24) hours. The CONTRACTOR shall provide "Sorry Notes" at its own cost, as depicted in Exhibit E of this AGREEMENT. C. The CONTRACTOR shall provide a local phone number, staffed by an authorized agent, between the hours of 8:00 a.m. and 5:00 pm. Monday through Friday, to handle inquiries and complaints connected with collection of GENERAL REFUSE, Refuse Collection and Disposal Contract, Page 11 Exhibit"A"Of Resolution No.R07- 10 LANDSCAPE WASTE and RECYCLABLE MATERIALS under the terms of this AGREEMENT. All complaints shall receive prompt and courteous attention from the CONTRACTOR. Complaints alleging missed collections shall be investigated promptly by the CONTRACTOR and, if verified, the CONTRACTOR shall arrange for pickup within twenty-four(24) hours after receiving the complaint. D. if the CONTRACTOR is unable to resolve a complaint in a satisfactory manner within seventy-two (72) hours after receipt thereof, a written notice shall be delivered to the City Administrator or his designee, stipulating the name and address of the RESIDENTIAL UNIT, COMMERCIAL SERVICE ACCOUNT, COD ACCOUNT or MULTIPLE-FAMILY ACCOUNT, the date and time of complaint, nature of complaint and the CONTRACTOR'S response. The City Administrator or his designee may choose, at his sole discretion, to intervene and mediate the dispute and render a final binding decision thereon. E. CONTRACTOR will provide written notice to the City Administrator or Building and Zoning Administrator for the CITY, if collection services have been stopped for any single family residential customer, detached or attached, for any reason for a period of at least seven (7) days, and for any full service restaurant, fast food restaurant, MULTIPLE-FAMILY ACCOUNT or CONDOMINIUM PROJECT for a period of at least three (3) days. F. Services provided hereunder by the CONTRACTOR shall be performed at all times in a good, workman-like manner. G. Any and all GENERAL REFUSE. LANDSCAPE WASTE or RECYCLABLE MATERIALS containers damaged by the CONTRACTOR shall be repaired or replaced at the expense of the CONTRACTOR. H. In furnishing collection services, the CONTRACTOR agrees to adhere to all applicable federal, state and local laws, rules, regulations and ordinances pertaining thereto. I. The CONTRACTOR shall accommodate the City Administrator's reasonable requests to review performance of this AGREEMENT by the CONTRACTOR, including review of CONTRACTOR'S books and records by the City Administrator or his designee and riding along during collection by the Public Works Superintendent. J. The CONTRACTOR shall only utilize clean, sanitary and modern garbage collection trucks with hydraulic compacting systems for collection under this AGREEMENT. The type of equipment to be used by the CONTRACTOR in the CITY shall be approved by the CITY prior to use by the CONTRACTOR. Non-enclosed trucks may be used only on a temporary basis in the case of emergency, and then only upon the approval of the City Administrator or Chief of Police, in the City Administrator's absence. Refuse Collection and Disposal Contract, Page 12 Exhibit"A"Of Resolution No.R07- 10 K. Equipment used in performing the services under this AGREEMENT shall be properly licensed and conform to all applicable safety standards. L. The appearance and sanitary condition of collection vehicles and other equipment used in the CITY shall be maintained to high standards by cleaning, washing, painting and disinfecting as necessary. All equipment operated by the CONTRACTOR in the CITY will be in good repair at all times. M. The CONTRACTOR shall not store, or allow to be stored, any equipment or materials on private property except in strict compliance with the applicable CITY'S Code of Ordinances. N. The CONTRACTOR shall assign capable employees to perform the services specified in this AGREEMENT. The CONTRACTOR shall not allow such employees to consume alcoholic beverages or use any controlled substances while performing services under this AGREEMENT. O. In the event that any of the CONTRACTOR'S employees is deemed by the CITY to be incapable of performing the services to which he/she is assigned by CONTRACTOR in the CITY. for any reason, the CONTRACTOR shall immediately replace that employee upon written notice by the CITY. P. All collections performed by the CONTRACTOR hereunder shall be carried out with a work force adequate to insure the regular collection of GENERAL REFUSE under adverse conditions irrespective of breakdowns or similar hindrances. Q. The CONTRACTOR'S employees shall wear clean uniform clothing. acceptable to the CITY. Employees on the trucks for collection in the CITY shall be required to carry personal identification. R. For the first collection after Christmas, the CONTRACTOR shall collect ail GENERAL REFUSE and RECYCLABLE MATERIALS placed in any container or bag adjacent to the required GENERAL REFUSE and RECYCLABLE MATERIALS containers provided by the CONTRACTOR, and no REFUSE STICKER shall be required for such additional collection. V. DISPOSAL OF COLLECTIONS A. All GENERAL REFUSE, LANDSCAPE WASTE AND RECYCLABLE MATERIALS shall be removed from the CITY at the close of each collection day and transported to a properly licensed facility, determined by the CONTRACTOR. Charges from such facility shall be paid by CONTRACTOR. Refuse Collection and Disposal Contract, Page 13 Exhibit"A"Of Resolution No.R07- 10 B. The CONTRACTOR may retain the proceeds, if any, from the sale of RECYCLABLE MATERIALS. No RECYCLABLE MATERIALS collected pursuant to this AGREEMENT may be disposed of in a landfill, waste-to-energy facility or incinerator. VI. BILLING AND PAYMENT PROCEDURES A. The CONTRACTOR will be solely responsible for the printing, distribution and collection of invoices sent to COMMERCIAL SERVICE ACCOUNTS and MULTIPLE-FAMILY ACCOUNTS. B. Billing procedures utilized by the CONTRACTOR shall be consistent for all customers in the CITY. Upon a verbal or written request. the CONTRACTOR will provide a written summary of its billing procedures to any customer so requesting within ten (10) days after such a request is received by the CONTRACTOR. C. In the case of termination of this AGREEMENT for any reason, the CITY shall be allowed access to the CONTRACTOR'S billing records for services provided under this AGREEMENT. D. The CONTRACTOR shall directly bill MULTIPLE-FAMILY ACCOUNTS (where collection is not done for each unit separately), COMMERCIAL SERVICE ACCOUNTS and other accounts as permitted under this AGREEMENT. The CONTRACTOR shall not enter such charges on any invoice to the CITY. The CITY, upon request, shall be provided with copies of those bills. For all the COMMERCIAL SERVICE ACCOUNTS and MULTIPLE-FAMILY ACCOUNTS set forth in this Section, the CONTRACTOR shall charge according to Sections E. through 1., below or the schedules attached hereto as Exhibits A and B. E. All MULTIPLE-FAMILY and COMMERCIAL SERVICE ACCOUNTS that have been established by the CONTRACTOR prior to September 1, 2007 (the "CURRENT ACCOUNTS") will be charged the rates they paid as of August 31, 2007, plus three percent (3%) as displayed in Exhibit C. On September 1, 2008, and all subsequent years thereafter, the CURRENT ACCOUNTS will be charged a rate that will utilize Exhibit C as a base year plus an adjustment according to the formula included in Item G. of this section. In addition to these annually adjusted rates, on September 1, 2007 and each subsequent September I", for the length of this AGREEMENT, the rates charged to the CURRENT ACCOUNTS as established by the agreement between the CITY and the CONTRACTOR for the term from September 1, 2002 to August 31, 2007, will increase or decrease an additional approximately equal amount each year, until all customers would be paying the rate per cubic yard of refuse collected that is the same as the rate required by this AGREEMENT to be charged by the CONTRACTOR in the fifth year. Refuse Collection and Disposal Contract, Page 14 Exhibit"A"Of Resolution No.R07- 10 F. MULTIPLE-FAMILY and COMMERCIAL SERVICE ACCOUNTS that are opened by the CONTRACTOR after September 1, 2007 (the "NEW ACCOUNTS") shall pay the rates established in Exhibit C. G. All CURRENT ACCOUNTS and NEW ACCOUNTS established by the CONTRACTOR shall receive an annual rate, adjusted as of September 1, 2008, and all years thereafter on a cumulative basis, according to the following formula: 1. the percentage change of the Consumer Price Index for All Urban Consumers for the Chicago. Illinois, Gary, Indiana, and Kenosha, Wisconsin area (CPI- U) as determined by the United States Department of Labor Statistics from June I" of the past year to May 3151 of the current year times forty-five percent (45%); 'or (% A CPI-U * .45); plus (+) 2. the percentage change of wages for refuse collectors as presented in the most current contract between the CONTRACTOR and Union Local Number 731 of the International Brotherhood of Teamsters, LaGrange Park, Illinois from October 1" two (2) years prior to the current year and September 30`h of the past year times nineteen percent(19%), or (% A Labor Costs * .19); plus (+) 3. the percentage change of the per ton disposal fees at a transfer site or landfill to which the CONTRACTOR has hauled at least fifty percent (50%) of the CITY'S refuse from June I" of the past year and to which CONTRACTOR will haul at least fifty percent (50%) of the CITY'S refuse by May 31" of the next year times thirty-six percent(36%); or (% A Landfill or Transfer Site Costs * .36) Regardless of the formula as detailed in Section G, no yearly increases as calculated within Section G shall exceed seven percent (7%). This provision does not affect any increase calculated within any other Sections in this AGREEMENT. H. At the time of entry into this AGREEMENT, the CONTRACTOR shall provide the CITY with a copy of the current labor agreement between the CONTRACTOR and Union Local Number 731 of the International Brotherhood of Teamsters, LaGrange Park, Illinois, or any other labor union to which the CONTRACTOR'S refuse collection workers are members, so that the CITY will be able to determine that the rate adjustments required by this Section G, are properly implemented by the CONTRACTOR. Refuse Collection and Disposal Contract, Page 15 Exhibit"A"Of Resolution No.R07-10 1. The CONTRACTOR shall verify to the CITY any change in costs for transfer site or landfill prior to September 1, 2008, and subsequent years of this AGREEMENT by providing the CITY with written confirmation from the transfer site or landfill operator of the change in costs accompanied by an affidavit of an officer of the CONTRACTOR that this transfer site or landfill has accepted at least fifty percent (50%) of the CITY'S refuse in the past year and will be supplied with at least fifty percent (50%) of the CITY'S refuse in the following year. VII. TERMINATION AND OPTION TO EXTEND A. The CITY may terminate this AGREEMENT upon thirty (30) days written notice to CONTRACTOR. for breach of any of the terms of this AGREEMENT by CONTRACTOR, as determined by the CITY. If CONTRACTOR abandons its obligations hereunder for one (1) week, the CITY may immediately terminate this AGREEMENT by notice to CONTRACTOR. B. Unless the CITY provides written notice to CONTRACTOR at least ninety (90) days prior to its expiration, this AGREEMENT will be automatically extended on a month to month basis upon the same terms and conditions herein until a new agreement is reached between the CITY and the CONTRACTOR or between the CITY and some other provider of the services contemplated under this AGREEMENT. C. If the CITY provides the CONTRACTOR with written notice at least ninety (90) days prior to its expiration, the CITY can extend the AGREEMENT for an additional five (5) years upon the same terms and conditions herein. VIII. FINANCIAL CONDITIONS A. At the request of the CITY, the CONTRACTOR shall furnish to the CITY annually. within forty five (45) days of the end of CONTRACTOR'S fiscal year. certified year- end financial reports for CONTRACTOR'S refuse collection and disposal business including an income statement and balance sheet for that fiscal year. B. The CONTRACTOR shall furnish a Letter of Credit in a form and from a company or bank approved by the City Attorney, in order to assure the faithful performance of this AGREEMENT, the Letter of Credit shall be in the amount of Three Hundred Fifty Thousand and No/100 Dollars ($350,000.00) for the period of this AGREEMENT, including any renewal thereof. C. The CONTRACTOR shall pay an annual franchise fee to the CITY of Six Thousand and No/100 Dollars ($6,000.00) in order to reimburse the CITY for its cost for administration of this AGREEMENT. The initial $6,000 payment shall be due upon execution of this AGREEMENT. Refuse Collection and Disposal Contract, Page 16 Exhibit"A"Of Resolution No.R07-10 D. Upon termination of this AGREEMENT by the CITY because of the CONTRACTOR'S breach of his performance duties under this AGREEMENT, in addition to any and all equitable legal remedies available to the CITY,the CITY shall have the right to draw upon or charge the Letter of Credit described in this AGREEMENT. The remedies provided to the CITY herein shall be cumulative and not exclusive. No waiver by the CITY of a default by the CONTRACTOR under this AGREEMENT shall be construed as a waiver by the CITY of any subsequent default or failure to perform on the part of the CONTRACTOR. E. In the event of abandonment or breach by the CONTRACTOR, the CITY, at its sole option and by any means, may cause any collected or uncollected GENERAL REFUSE, LANDSCAPE WASTE AND RECYCLABLE MATERIALS to be properly collected, processed and disposed of, and shall charge the Letter of Credit. F. During the duration of this AGREEMENT and any extension thereof; the CONTRACTOR shall maintain the following insurance at the limits as follows: a. Workers' Compensation Insurance as required by law; and b. General Liability Insurance: $1,000.000 Per Occurrence - $2,000,000 Aggregate C, Vehicle Liability: $1,000,000 Combined Single Limit C. Excess Umbrella Liability: $5,000,000 Per Occurrence $5,000,000 Aggregate The CONTRACTOR shall furnish the CITY a certificate of insurance showing these coverages as a condition of this AGREEMENT and annually thereafter. The CITY, its officers and employees, shall be named as additional insureds on each said policy for any liability arising out of the CONTRACTOR'S duties under this AGREEMENT. The CONTRACTOR'S insurance company hereunder, shall provide the CITY with thirty (30) days notice of any cancellation of insurance coverage. G. The CONTRACTOR shall indemnify, hold harmless, and defend the CITY. its agents. officials and employees against any and all claims for injuries, death, loss, damages. claims of every type, nature and description, suits, liabilities, judgments, costs, attorneys' fees and expenses arising from or related in any way to any act or omission of the CONTRACTOR or its employees, agents, servants, subcontractors or suppliers in connection with this AGREEMENT and CONTRACTOR'S performance of its duties hereunder. Refuse Collection and Disposal Contract, Page 17 Exhibit"A"Of Resolution No.R07- 10 H. The CONTRACTOR agrees that its equipment and operations may be inspected by the CITY'S insurance carrier, the Illinois Municipal League's Risk Management Agency (IMLRMA), or any other liability carrier of the CITY, and further agrees to facilitate such inspection upon notice therefor from the CITY. IX. MISCELLANEOUS A. The CONTRACTOR shall adhere to all federal, state and local guidelines governing equal employment opportunities. Payment for all labor performed for the CONTRACTOR under this AGREEMENT shall be at the prevailing wages as determined annually by the CITY in conformity with the Illinois Prevailing Wage Act. B. The CONTRACTOR may not assign or subcontract this AGREEMENT. the work hereunder or any part thereof to any other person, firm or corporation without the prior written consent of the CITY. C. The provisions of this AGREEMENT shall be interpreted when possible to sustain their legality and enforceability. In the event any provision of this AGREEMENT shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity of the remaining part of such provision. nor the validity of any other provisions of this AGREEMENT, shall be in any way affected thereby. D. This AGREEMENT sets forth the entire agreement between the parties with respect to the accomplishment of the work and the rates and charges therefor, and there are no other understandings or agreements, oral or written, between the parties with respect to the service to be provided, and the rate and charges therefor. E. No modification. addition, deletion, revision, alteration, or other change to this AGREEMENT shall be effective unless and until such change is reduced to writing and executed and delivered by the authorized representatives of the CITY and the CONTRACTOR. F. The CONTRACTOR represents and warrants to the CITY as follows:: 1. It is experienced in each of the areas for which it will have duties and obligations under this AGREEMENT, and it has adequate financial resources, personnel and experience to properly and satisfactorily discharge its duties and obligations under this AGREEMENT. 2. It is an Illinois corporation in good standing as of the date of this AGREEMENT. Refuse Collection and Disposal Contract, page 1$ Exhibit"A"Of Resolution No.R07-10 3. The officer or officers signing this AGREEMENT on behalf of the corporation, have been authorized by the corporation to do so, and thereby bind the CONTRACTOR to the terms hereof. G. This AGREEMENT shall be construed in accordance with the laws of the State of Illinois. Jurisdiction for any lawsuit concerning this AGREEMENT shall be in Illinois and venue in DuPage County. H. If any territory is annexed to the CITY for single-family residential or condominium use, during the term of this AGREEMENT, with the exception of an annexation adding four (4) RESIDENTIAL UNITS or less at one time into the CITY, the RESIDENTIAL UNITS in that annexation shall not be included for service by the CONTRACTOR under the provisions of this AGREEMENT, unless an amendment to this AGREEMENT providing for that service is agreed by the CITY and CONTRACTOR. Any annexed , single-family residential or condominium property or commercial or multiple-family property other than condominiums, shall be served by the CONTRACTOR after annexation, but not until pre-existing collection contracts expire or are terminated. Prior to annexation of any single-family residential or condominium property, commercial property, or multi-family property, by the CITY, the CITY shall give written notice to the owner that CONTRACTOR shall provide waste collection and disposal services to the property on an immediate basis per the terms of this AGREEMENT, but for commercial or multi-family properties, not until the expiration or termination of existing collection contracts. X. NOTICES A. Except as otherwise explicitly provided in this AGREEMENT, all notices permitted or required to be given by the parties to this AGREEMENT shall be in writing and shall be deemed delivered to the addressee when delivered in person or by confirmed facsimile on a business day at the address or facsimile number set forth below, or on the third business day after being deposited in the United States mail for delivery at the address set forth below, postage prepaid, certified mail,return receipt requested. B. Notices to the CITY shall be addressed to, and delivered at, each of the following addresses: City of Oakbrook Terrace 17 W 275 Butterfield Road Oakbrook Terrace, IIlinois 60181 FAX: (630) 941-7254 Attention: City Administrator C. Notices to the CONTRACTOR shall be addressed to, and delivered at, the following address: Refuse Collection and Disposal Contract, Page 19 Exhibit"A"Of Resolution No.R07-10 Flood Bros Disposal Co.. Inc. 17 W 697 Butterfield Road, Suite E Oakbrook Terrace. Illinois 60181 FAX: (630) 261-0575 Attention: William K. Flood. Jr. IN WITNESS WHEREOF, the CONTRACTOR has executed this AGREEMENT by officers authorized to execute it on behalf of the corporation. and CITY has executed this AGREEMENT with its corporate sea] affixed thereto, by its Mayor and City Clerk acting pursuant to authority granted by the City Council , all on the day and year first written above. CITY OF OAKBROOK TERRACE FLOOD BROS.DISPOSAL CO., INC. By: By: Thomas S. Mazaika, Mayor William K. Flood, Jr., President Attest: Attest: Elaine K.DeLuca, City Clerk Terrance Pawlowski, Secretary Refuse Collection and Disposal Contract, Page 20 Exhibit"A"Of Resolution No.R07- 10 COMMERCIAL AND INSTITUTIONAL SOLID WASTE SERVICES AGREEMENT BETWEEN Village of Niles AND Groot Recycling and Waste Services DATED: August 26, 2008 TABLE OF CONTENTS Page PREAMBLE ARTICLE I. — DEFINITIONS Section 1.1 — Definitions -•---------- ------•..........................................•• 2 ARTICLE II. - SCOPE OF SERVICES Section 2.1 - Commercial Services Section 2.2 - Private Services 3 Section 2.3 - Revenue Collection Section 2.4 - Excluded Services Section 2.5 - Exempted Services ---:^............................. 3 Section 2.6 - Modification of Required Services ............................ .. ...... 3 ARTICLE III. - TERMS OF SOLID WASTE SERVICES AGREEMENT Section 3.1 - Term of Solid Waste Contract ARTICLE IV. — SOLID WASTE COLLECTION AND DISPOSAL Section 4.1 - Commercial Service Section 4.2 - Private Service 4 ............................................... Section 4.3 - Schedule and Location of Collection 4 .................................. Section 4.4 - Disposal of Solid Waste 5 Section 4.5 - Solid Waste Collection Data ARTICLE V. -- COMPENSATION Section 5.1 - Commercial Service ARTICLE VI. — REVENUE COLLECTION Section 6.1 - Billing of Accounts Section 6.2 - Commercial Service ....................................................................... 6 Section 6.3 - Private Service ARTICLE VII. — TITLE TO WASTE Section 7.1 - Title to Waste ARTICLE VIII. - RECYCLABLE MATERIALS Section 8.1 - Recyclable Materials Collection Service ARTICLE IX. - BREACH; EVENTS OF DEFAULT AND REMEDIES Section 9.1 - Breach by Contractor 7 Section 9.2 - Breach by Municipality.......................................... ....................... 8 2 Section 9.3 - Events of Default and Remedies of Municipality................. 9 Section 9.4 - Events of Default and Remedies of Contractor 10 ARTICLE X. - INSURANCE AND INDEMNIFICATION Section 10.1 — Insurance Section 10.2 — Indemnification ARTICLE XI. — MISCELLANEOUS Section 11.1 - Non-Assignability......................... ..._..... -- 11 Section 11.2 - Equal Employment Opportunity ............................ ... 11 Section 11.3 - Prevailing Wage Rates 12 Section 11.4 - Performance Bond or Letter of Credit 13 Section 11.5 - Provision for Telephone Calls ................ 13 Section 11.6 - Equipment to be Used by Contractor............................... . 13 Section 11.7 - Compliance with Laws.---. 13 Section 11.8 - Care and Performance 14 Section 11.9 - No Alcohol or Drugs................................ 14 Section 11.10 - Governing Law.......... Section 11.11 - Severability...................................................................................... Section 11.12 - Customer Service EXHIBITS EXHIBIT A - Municipal Ordinance No. EXHIBIT B - Pricing Sheet EXHIBIT C - Insurance Provisions EXHIBIT D - Form of Performance Bond 3 This Solid Waste Services Agreement is made and entered into as of the 22nd day of July, 2008 by and between Groot Recycling and Waste Services, (the "Contractor") and the Village of Niles, Illinois (the "Municipality"). PREAMBLE WHEREAS, the Municipality, in order to protect the public health and welfare of its residents and commercial entities, has deemed it necessary to collect, transport and dispose of Non-SWANCC Waste as defined below; and WHEREAS, the Municipality is authorized pursuant to the provisions of Section 11-19-1 of the Illinois Municipal Code (65 1LCS 5111-19-1) to provide for the method or methods of collection, transportation and disposal of municipal waste located within its boundaries and to provide that the method chosen may be the exclusive method to be used within its boundaries; and WHEREAS, the Municipality has determined to provide municipal waste collection, transportation and disposal services to its multi-family residents and commercial entities and impose on its residents and commercial entities rates and charges relating to such services; and WHEREAS, the Municipality has determined that it is in the best interests of its commercial entities to contract with a single waste hauler to collect, transport and dispose of (or sell) Non-SWANCC Waste at a facility or facilities mutually agreed upon by the Municipality and the Contractor; and WHEREAS, the Contractor, pursuant to the terms of this Solid Waste Services Agreement and on behalf of the Municipality, is willing to collect, transport and dispose of(or sell)Non-SWANCC Waste at a facility or facilities mutually agreed upon by the Municipality and the Contractor; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained: 1 ARTICLE I DEFINITIONS Section 1.1 Definitions a) "Breach" means one of the items described in Sections 9.1 or 9.2. b) "Commercial Service" means the service provided by the Contractor, on behalf of the Municipality, pursuant to Section 4.1. C) "Contractor" means Groot Industries, Inc., an Illinois corporation, and its successors and assignees. d) "Event of Default" has the meaning specified in Sections 9.3 and 9.4. e) "Municipality" means the Village of Niles, Illinois. F) "Non-SWANCC Waste" means commercial, industrial and institutional refuse, certain commercial and multi-family (excluding condominium recyclables) Recyclable Materials (as described in Article VIII), and any other materials designated by the Municipality for collection, provided that such materials are non-SWANCC Waste. g) "Project Use Agreement" means the Project Use Agreement, dated March 25, 1992, between the Solid Waste Agency of Northern Cook County and the Municipality, as amended from time to time. h) "Recyclable Materials" means aluminum cans, tin, steel and bi-metai cans, clear, green and brown glass bottles and jars, newspapers, magazines, mixed papers (junk mail, chipboard, white and colored paper, brown kraft paper bags): corrugated cardboard, #1 PETE plastic containers and #2 HPDE plastic containers, #347 plastic containers and bags, aseptic beverage containers, six-pack rings and twelve-pack bands, and any other material or materials which the Municipality and the Contractor mutually agree to include as a "Recyclable Material" subsequent to the execution of this Agreement. i) "State" means the State of Illinois. j) "SWANCC" means the Solid Waste Agency of Northern Cook County. k) "SWANCC Waste" shall have the meaning ascribed to it in the Municipality's Ordinance No. 1991-14. 1) "Solid Waste Services Agreement" means this Agreement, dated August 26, 2008, by and between the Municipality and the Contractor, as amended from time to time. 2 ARTICLE II SCOPE OF SERVICES Section 2.1 Commercial Services The Contractor shall provide, on behalf of the Municipality, complete service for designated collection, transportation and disposal (or sale) of Non-SWANCC Waste at the facility or facilities mutually agreed upon by the Municipality and the Contractor. The Contractor shall be the sole and exclusive agent of the Municipality to provide the above-referenced Commercial Services. Section 2.2 Private Services The Contractor shall, on its own behalf(and not on behalf of the Municipality), provide for the collection, transportation and disposal of all Private Service waste in accordance with the provisions of Section 4.2. Section 2.3 Revenue Collection The Contractor shall, on behalf of the Municipality, provide revenue collection services in accordance with Article VI for all Commercial Services provided under this Solid Waste Contract. This shall include monthly service billing as well as the administration fee recompensed to the Municipality. Section 2.4 Excluded Services Solid Waste collection, transportation and disposal from all single-family, multi-family and townhomes units within the Municipality are not included within this Solid Waste Contract. Section 2.5 Exempted Services The following circumstances for Solid Waste collection, transportation and disposal from any commercial, industrial and institutional account within the Municipality are not included within this Solid Waste Services Agreement if the Municipality approves the exemption of the specific services under the terms of the applicable provisions of the Municipality Code. Section 2.6 Modification of Required Services The Municipality reserves the right to adjust or expand the scope of Commercial Services required under this Solid Waste Services Agreement, upon thirty (30) days prior written notice to the Contractor, to accommodate changes in the definition of non-SWANCC Waste or changes in the scope of services provided by SWANCC. The Municipality and the Contractor agree to negotiate an equitable adjustment to the Contractor's compensation under this Solid Waste Services Agreement required as a result of any adjustment or expansion of Municipal or Franchised Services. 3 ARTICLE III TERMS OF SOLID WASTE SERVICES AGREEMENT Section 3.1 Term of Solid Waste Contract The initial term of this Solid Waste Services Agreement shall commence on September 1, 2008, and end on August 30, 2015. Upon mutual consent of both parties, this Solid Waste Services Agreement can be extended for periods of up to five(5) additional calendar years. ARTICLE IV SOLID WASTE COLLECTION AND DISPOSAL Section 4.1 Commercial Service Non-SWANCC Waste. Materlals to be collected by the Contractor in accordance with the schedule provided in Section 4.3 and transported to a facility meeting the requirements of the State of Illinois and any United States governmental agencies. 1) Commercial, industrial and institutional refuse 2) Recyclable Materials as provided in Article VIII 3) Temporary Construction and Demolition Roll-Off Section 4.2 Private Service a) In addition to the Commercial Services provided by the Contractor on behalf of the Municipality under Section 4.1, the Contractor shall also make available to the commercial entities of the Municipality, Private Service for all types of solid waste not otherwise covered by this Solid Waste Services Agreement. b) For services provided pursuant to Section 4.2, the Contractor agrees to keep available tractor loaders, trailers and other necessary equipment. Upon the request of a business proprietor, the Contractor shall furnish an estimate for the cost of removal of any materials named in the immediately preceding paragraph. Section 4.3 Schedule and Location of Collection a) Commercial Service Waste shall be collected in compliance with provisions of Municipality Ordinance attached as Exhibit A. b) Private Service Waste. Private Service waste shall be collected in accordance with the provisions of Section 4.2 on a day mutually agreed upon by the business and the Contractor. Section 4.4 Disposal of Solid Waste a) Commercial, industrial, and institutional (Non-SWANCC)Waste. The Contractor shall transport for processing all non-SWANCC Waste collected pursuant to this Solid Waste Services Agreement to a facility meeting the requirements of the State of Illinois and any United States governmental agencies. b) Recyclable Materials. Recyclable Materials collected shall be transported for sale (with an intermediate diversion for processing permitted)to sites approved by the Municipality that meet 4 the requirements of the State of Illinois and United States governmental agencies. Section 4.5 Solid Waste Collection Data a) The Contractor shall provide to the Municipality, on a quarterly basis, a report on the quantity of all commercial solid waste collected within the Municipality, recycling diversion data and a breakdown of the number of franchised accounts. b) An annual audit of the scope of service matrix will be performed and access to this matrix data base will be provided to the Municipality. The information on this service matrix will include the name of account, the service address, the billing address (if different than the service address), a contact person, a telephone number and fax number where the contact person can be reached, the type of containers on site, the quantities of containers on site, the frequency of collections and an itemization of what day collections are performed, the current service rate of each account and the annual franchise revenue for each account. C) Program data and other public information will be provided to each account upon the request of the Municipality to do so. ARTICLE V COMPENSATION Section 5.1 Commercial Service a) Nan-SWANCC Waste. For providing for, on behalf of the Municipality, the collection, transportation and disposal (or sale)of commercial refuse and recyclables at a facility or facilities mutually agreed upon by the Municipality and the Contractor, and for providing revenue collection services, the Contractor shall receive as compensation the rates outlined in the in Exhibit B. b) No commercial, industrial or institutional entity, receiving the same level of service, will be charged more than the entity paid in the month before the commencement date of the Solid Waste Services Agreement, regardless of the rates outlined in Exhibit B. If the entity's rate one month prior to the commencement of this agreement is lower than the rate in Exhibit B, the entity's rate will be grandfathered for two years and commencing May 1, 2011 that rate will be adjusted to the rate outlined in Exhibit B and adjusted under Section 5.1 (c). c) Rates identified Exhibit 8 will adjust annually based on the change in the 12 previous months (June through May) Consumer Price Index(CPI-U)for Chicago--Kenosha--Gary-All Items, with a 2.0% minimum adjustment and 4.0% maximum adjustment each May 1 of the contract beginning 2010. d)The Contractor is responsible for determining if an account is receiving sufficient service in terms of frequency of collection and on-site containers. If, for purposes of code enforcement, the Contractor deems that on-site storage is exceeded regularly, it shall recommend to the Municipality, that an increase in collection frequency or an upgrade of container size is necessary. 5 ARTICLE VI REVENUE COLLECTION Section 6.1 Billing of Accounts Commercial Services provided under Section 4.1 are provided by the Contractor on behalf of the Municipality. The Contractor shall perform on a monthly basis in advance of services provided, on behalf of the Municipality, the billing and collection of all rates and charges imposed on commercial entities by the Municipality relating to such Commercial Services. The Municipality agrees to cooperate and assist the Contractor, when necessary, in the collection of funds owed for services performed. The Contractor is responsible to inform the Municipality on all delinquent accounts where service may ultimately be affected or suspended due to these delinquencies. The Municipality further agrees to cooperate with respect to information, if any, relating to property vacancies or any other information that will assist the Contractor in the execution of this Solid Waste Services Agreement. The Contractor shall remit to the Municipality an administrative fee of $150,000 per year in four equal quarterly payments. The administrative fee shall be included in the rates listed in Exhibit S and shall not be separately listed on the monthly bills to the commercial entities. Section 6.2 Commercial Service The Contractor shall, on a monthly basis, bill each commercial entity, an amount payable for the collection, transportation and disposal (or sale) of Commercial Service waste for the following month. The bill shall be payable by the commercial entity within thirty (30) days. The Contractor shall account separately for all amounts received from commercial entities for the administrative fee and hold such amounts, as determined by the Municipality, for the benefit of the Municipality. These amounts shall be remitted to the Municipality on a quarterly basis along with the submitted service reports. Section 6.3 Private Service The Contractor may, but is not required to, include as an item on each commercial entity's bill an amount payable to the Contractor for the collection, transportation, and disposal of Private Service waste. The Contractor shall retain all amounts collected from commercial entity pursuant to this Section 6.3. Alternatively, the Contractor may bill commercial entities separately for Private Service. ARTICLE VII TITLE TO WASTE Section 7.1 Title to Waste The Contractor shall retain title to all Non-SWANCC waste. ARTICLE VIII RECYCLABLE MATERIALS Section 8.1 Recyclable Materials Collection Service a) Commercial Recycling Service. Materials to be collected by the Contractor in accordance with the schedule referenced in Section 4.3 and transported to the facility or facilities mutually agreed upon by the Municipality and the Contractor that meets the requirements of 6 the State of Illinois and United States governmental agencies shall include all Recyclable Materials as defined in Section 11. b) Transportation of Recyclable Materials. Recyclable Materials shall be sorted, processed, and transported for sale to sites approved by the Municipality. The Contractor shall retain all income (and fully bear all losses) resulting from the disposition of recyclable Materials. This section shall have no bearing on the Village's right to receive revenue under the SWANCC Recycling Incentive Program. C) Recyclable Materials Collection Data. The Contractor shall provide to the Municipality, a quarterly report on the weight (in tons), of all Recyclable Materials collected from Commercial Entities under this Solid Waste Services Agreement. The report shall also contain a weight breakdown, by tons, of the types of Recyclable Materials collected, and an approximate count of bags collected in order to determine participation and diversion rates. Quantities attained through rigid-type containers should be broken out as well. d) The Municipality shall have the right to add materials to the list of Recyclable Materials stated in Article I, pending the availability of markets for materials to be added. e) The Contractor, as agent for the Municipality, shall have a contractual obligation to ensure that all Recyclable Materials collected are properly processed and marketed. No collected Recyclable Materials shall be landfilled or incinerated, unless advance authorization to do so is given by the corporate authorities of the Municipality. f) The Contractor shall sell all Recyclable Materials it collects under this Solid Waste Services Agreement. If changes in the market for the sale of any particular Recyclable Material makes continued collection of such Recyclable Material not economically feasible, the Contractor shall consult with the Municipality regarding the market changes of the affected Recyclable Material. The Municipality may, in its discretion, agree to remove from the list of Recyclable Materials any economically infeasible item upon such market change. ARTICLE IX BREACH; EVENTS OF DEFAULT AND REMEDIES Section 9.1 Breach by Contractor Each of the following shall constitute a Breach on the part of the Contractor: 1) Failure of the Contractor to pay, within thirty (30) days after notice from the Municipality of such nonpayment, amounts which are undisputed or which are due to the Municipality under this Solid Waste Services Agreement; 2) Failure of the Contractor to perform timely any obligation under this Solid Waste Contract not included within subparagraph 1) above, except that such failure shall constitute a Breach only if such failure remains uncured for seven (7) days after notice to the Contractor from the Municipality of such failure; provided however, that this seven (7) day notice with opportunity to cure shall not be required in the event of persistent and repeated failure to perform; or 3) (A) The Contractor's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors 7 or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, (B) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws of any jurisdiction, (C) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted against the Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120)days, (p) any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding, or (E) the levy of any distress, execution or attachment upon the property of the Contractor which shall (or which reasonably might be expected to) substantially interfere with its performance under this Solid Waste Services Agreement. 4) If the Contractor misses a scheduled collection(s) under this Agreement, the missed scheduled solid waste collection(s) must be corrected within 24 hours of being reported to the Contractor. If the scheduled collection(s) is not corrected by the Contractor within 24 hours, a charge of $10.00 per missed scheduled collection(s) will be charged to the Contractor by the Municipality. This provision will not be enforced if the missed scheduled collection(s) is due to a labor dispute of the Contractor's labor force, however, if the missed scheduled solid waste collection(s) is not corrected within seven (7) calendar days, the $10 charge as stated above will become retroactive to the first day and collectable by the Municipality. 5) If the Contractor violates an Ordinance of the Municipality, for the first offense in a contract year a written warning will be issued by the Municipality, for each offense after the first offense a$100 per offense charge will be levied against the Contractor. 6) All charges levied against the Contractor under sections 9.1 (4) and (5) will be remitted to the Municipality within 30 days of a written charge. Section 9.2 Breach by Municipality Each of the following shall constitute a Breach on the part of the Municipality: 1) The Municipality's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, 2) A bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted by the Municipality under the laws of any jurisdiction, 3) A bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted against the Municipality under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty(120) days, 4) Any action or answer by the Municipality approving of, consenting to or acquiescing in any such proceeding, or 5) The levy of any distress, execution or attachment upon the property of the Municipality which shall (or which reasonably might be expected to) substantially interfere with the Municipality's performance hereunder. 8 Section 9.3 Events of Default and Remedies of Municipality a) If a Breach occurs under Section 9.1, the Municipality may exercise any one or more of the following remedies: 1) The Municipality may declare an Event of Default and may then terminate this Solid Waste Services Agreement immediately, upon notice to the Contractor and, subject to the provisions of sub-paragraph 5) below, upon such termination the Contractor shall cease providing services under this Solid Waste Services Agreement; 2) The Municipality may seek and recover from the Contractor any unpaid amounts due the Municipality, all its substantiated costs for the failure of the Contractor to perform any obligation under this Solid Waste Services Agreement and all damages, whether based upon contract, work stoppage, strike, Contractor negligence (including tort), warranty, delay or otherwise, arising out of the performance or non-performance by the Contractor of its obligations under this Solid Waste Services Agreement, and whether incidental, consequential, indirect or punitive, resulting from the Breach; 3) The Municipality may (A) calk upon the sureties to perform their obligations under the performance bond or (B) in the alternative, after releasing the sureties from their obligations under the performance bond, take over and perform the required services by its own devices, or may enter into a new contract for the required services, or any portion thereof, or may use such other methods as shall be required in the opinion of the Municipality for the performance of the required services; 4) The Municipality shall have the power to proceed with any right or remedy granted by federal laws and laws of the State as it may deem best, including any suit, action or special proceeding in equity or at law for the specific performance of any covenant or agreement contained herein or for the enforcement of any proper legal or equitable remedy as the Municipality shall deem most effectual to protect the rights aforesaid, insofar as such may be authorized by law; 5) Upon any such termination of this Solid Waste Services Agreement, the Contractor shall for a period requested by the Municipality, but not longer than six (6) months, continue to perform the contractual services during which period the businesses shall pay the Contractor its scheduled compensation; 6) No remedy by the terms of this Solid Waste Services Agreement conferred upon or reserved to the Municipality is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Municipality. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any Event of Default shall extend to or shall affect any subsequent default or Event of Default or shall impair any rights or remedies consequent thereto. b) This Section 9.3 shall survive the termination of this Solid Waste Services Agreement. Section 9.4 Events of Default and Remedies of Contractor a) If a Breach occurs under Section 9.2, the Contractor may declare an Event of Default and 9 terminate this Solid Waste Services Agreement immediately, upon notice to the Municipality. In such event, the Contractor's sole remedy shall be to seek and recover from the Municipality any unpaid amounts due the Contractor and any damages, whether incidental, consequential, indirect, or punitive, resulting from the Breach. The Contractor shall not be entitled to specific performance or any other equitable remedies. b) This Section 9.4 shall survive termination of this Solid Waste Services Agreement. ARTICLE X INSURANCE AND INDEMNIFICATION Section 10.1 Insurance a) The Contractor shall maintain for the duration of this contract and any extensions thereof, insurance issued by a company or companies qualified to do business in the State of Illinois and that meet the requirements set forth in Exhibit C. The Contractor shall provide the Municipality with a certificate of insurance indicating that such insurance coverage meets the requirements contained in Exhibit C. b) The Contractor agrees to include the Municipality as an additional named insured on both general and auto liability insurance policies, and the umbrella policy. C) Insurance premiums shall be paid by the Contractor and shall be without cost to the Municipality. Section 10.2 Indemnification a) The Contractor agrees to indemnify, defend and hold harmless the Municipality, its officials, employees, agents, representatives and attorneys, in both their official and individual capacities, from and against any and all injuries, deaths, claims, losses, damages, suits, demands, actions and causes of actions, expenses, fees, including attorneys' fees, and costs which may accrue against the Municipality in consequence of entering into this Solid Waste Services Agreement or which may result from or arise out of any action or omission of the Contractor, its officers, employees, agents or subcontractors. b) The Contractor shall provide landfill indemnification as outlined in Exhibit "D" of this Solid Waste Services Agreement. ARTICLE XI MISCELLANEOUS Section 11.1 Non-Assignability The Contractor shall not assign this Solid Waste Services Agreement or any part thereof without the prior written consent of the Municipality. Approval, if any, for such assignment shall be made by the corporate authorities of the Municipality. The Contractor shall not assign or subcontract this Solid Waste Services Agreement or the work hereunder, or any part thereof, to any other person, firm, or corporation without prior written consent of the Municipality, but the Contractor may perform its obligations hereunder through its subsidiaries or divisions. Such assignment shall not relieve the Contractor from its obligations or change the terms of this Solid Waste Services Agreement. 10 7) That the Contractor shall include, verbatim or by reference, the provisions of this Section 11.2 in every subcontract it awards under which any portion of the Solid Waste Services Agreement obligations are undertaken or assumed, so that such provisions will be binding upon each subcontractor. The Contractor will promptly notify the Municipality and the Illinois Department of Human Rights in the event any subcontractor fails or refuses to comply therewith. In addition, the Contractor will not utilize any subcontractor ineligible for contracts or subcontracts with the State or any of its political subdivisions or municipal corporations. C) During the term of this Solid Waste Services Agreement, the Contractor shall comply in all respects with the Equal Employment Opportunity Act. The Contractor shall have a written equal employment opportunity policy statement declaring that it does not discriminate on the basis of race, color, religion, sex, national origin, disability, or age. Findings of non-compliance with applicable State or federal equal employment opportunity laws and regulations may be sufficient reason for revocation or cancellation of this Solid Waste Services Agreement. Section 11.3 Prevailing Wage Rates a) Not less than the prevailing rate of wages, as found by the Municipality or the Illinois Department of Labor, or determined by a court on review, shall be paid to all laborers, workers and mechanics performing work under this Solid Waste Services Agreement. The Contractor and each subcontractor shall keep an accurate record showing the names and occupations of all laborers, workers, and mechanics employed by them on this Solid Waste Services Agreement and showing the actual hourly wages paid to each such person. b) The submission by the Contractor and each subcontractor of payrolls, or copies thereof, is not required. However, the Contractor and each subcontractor shall preserve their weekly payroll records for a period of three (3)years from the date of completion of this Solid Waste Services Agreement. C) If the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid by the Municipality, the revised rate, as provided by the Municipality to the Contractor, shall apply to this Solid Waste Services Agreement. Section 11.4. Performance Bond or Letter of Credit The Contractor shall furnish a performance bond for the faithful performance of this Agreement, such bond to be substantially in the form attached as Exhibit D, to be executed by a responsible surety company and to be in the penal sum of $500,000. Such performance bond shall be furnished annually by the Contractor for the following contract year, and shall indemnify the Municipality against any loss resulting from any failure of performance by the Contractor. The initial bond shall be posted on or before the date that the Contractor commences providing Services to the Municipality and bond shall be posted within thirty (30) days of the anniversary of the date on which the Contractor commenced provision of Services pursuant to this Agreement. Section 11.5 Provision for Telephone Calls The Contractor shall maintain an office and a [1-800) telephone number, for the receipt of service, billing and complaint calls, and shall be available for such calls on all working days from 8:00 a.m. to 5:00 p.m. Any complaints must be given prompt and courteous attention, and in case of missed scheduled collections, the Contractor shall investigate; and if verified, shall arrange for collection of such waste within 24 hours after the complaint is received. 12 Section 11.6 Equipment to be Used by Contractor a) The Contractor agrees to collect all materials described in Section 4.1 in fully enclosed, leak-proof, modern trucks. All vehicles and collection equipment will be kept in safe, operable condition. Any equipment that is used by the Contractor, that is determined to be unsafe, or in an overall poor condition by the Municipality, shall be replaced at the request of the Municipality. Equipment used for Private Service described in Section 4.3 may be open-body trucks, dump trucks and similar type equipment. When open-body trucks are used, the Contractor shall take such action as is necessary to prevent littering and blowing debris. b) Containers used under the franchised service shall be operable, safe and free of graffiti. Any container in disrepair of this sort shall be replaced within three (3) days of notification by the Municipality. Containers with plastic lids that are ill-fitted due to obolences or warping shall be replaced within three (3) days of notification by the Municipality, in order to maintain a tight fitting seal to prevent access for pests. All containers will be adequately demarcated with the Contractor's logo. Each container will have an inventory control number demarcated on each container that is cross-referenced to the service matrix. Section 11.7 Compliance with Laws a) The Contractor shall comply at all times with all applicable federal, State and municipal laws, ordinances and regulations at any time applicable to the Contractors operations under this Solid Waste Services Agreement with no increase to the Contractor's compensation as set forth in this Solid Waste Services Agreement. C) The Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinance and maintain the same in full force and effect. Section 11.8 Care and Performance The Contractor shall undertake to perform all services rendered hereunder in a neat, thorough and competent manner,without supervision by the Municipality, and to use care and diligence in the performance of all specified services and to provide neat, orderly, uniformed and courteous employees and personnel on its crews. If the Contractor causes damages to the streets and/or alleys of the Municipality, the Municipality shall prepare a cost estimate to repair the damage and the Contractor has 30- days to provide written comment to the cost estimate and will remit the cost to repair the damage to the Municipality within 30-days once a final written cost of the repair is sent to the Contractor. Section 11.9 No Alcohol or Drugs The Contractor shall prohibit and use its best efforts to enforce the prohibition of any drinking of alcoholic beverages or use of illegal drugs by its drivers and crew members while on duty or in the course of performing their duties under this Solid Waste Services Agreement. Section 11.10 Governing Law This Solid Waste Contract and any questions concerning its validity, construction, or performance shall be governed by the laws of the State of Illinois. 13 Section 11.11 Severability The invalidity or unenforceability of one or more of the terms or provisions contained in this Solid Waste Services Agreement shall not affect the validity or enforceability of the remaining terms and provisions of this Solid Waste Services Agreement so long as the material purposes of this Solid Waste Services Agreement can be determined and effectuated. Section 11.12 Customer Service The Contractor will each contract year conduct a customer service survey to assess the Contractor's service performance under the contract. The survey content and administration will be approved by the Municipality. IN WITNESS WHEREOF, the parties hereto have caused this Solid Waste Services Agreement to be executed by their duly authorized representatives, all on the day and year first above written. [CONTRACTOR] [MUNICIPALITY] By: By: Its: Its: ATTEST- ATTEST: By: By: Its: Its: 14 EXHIBIT C INSURANCE PROVISIONS A. Insurance Requirements The Contractor shall procure and maintain the following insurance during the entire term of the agreement described in Section 3.1: Type of Insurance Required Limits of Liability 1. Workers' Compensation Statutory 2. Employers' Liability $500,000 per accident $500,000 disease(policy limit) $500,000 disease(each employee) 3. Commercial General Liability, including "occurrence" coverage for a. Premises and operations, independent $1,000,000 per occurrence for bodily injury contractors protective, contractual and property damage combined. liability, broad form property damage and $1,000,000 annual aggregate per location for XCU hazards bodily injury and property damage combined. b. Products and completed operations $1,000,000 per occurrence for bodily injury (including broad form property damage) and property damage combined. $1,000,000 annual aggregate for bodily injury and property damage combined. c. Personal injury liability $1,000,000 per occurrence $1,000,000 annual aggregate 4. Business Auto liability(including owned, non- $1,000,000 per accident for bodily injury and owned and hired vehicles and coverage for property damage combined. environmental liability) 5. Umbrella/Excess liability(to apply as excess $5,000,000 per occurrence over 2, 3 and 4 above) $5,000,000 annual aggregate B. Miscellaneous Provisions 1. The insurance policies set forth in items 3 and 5 above shall continue to be maintained for a period of two(2)years following the termination of the Agreement. 2. Equivalent insurance must be maintained by each subcontractor of the Contractor. 3. All insurance companies must be reasonably acceptable to the Municipality and may include self-insurance obtained by the Contractor. Minimum insurance carrier requirements include a current rating from A.M. Best Co., Inc. (or any successor publication of comparable standing within the industry) of"A VIII" and a license to do business in the State of Illinois. 17 4. All liability coverages shall be written on an occurrence basis. 5. Prior to commencing Services under the agreements, the Contractor shall deliver, or cause to be delivered, to the Municipality certificates of insurance (and other evidence of insurance requested by the Municipality) which the Contractor is required to purchase and maintain pursuant to this Schedule. The Contractor shall deliver certificates of renewal or replacement policies or coverage no less than ten (10) days prior to the effective date of each renewal or replacement policy or coverage. 6. All insurance coverage required to be purchased and maintained shall contain a provision or endorsement providing that the coverage afforded will not be cancelled, materially reduced or altered or renewal refused until at least thirty(30)days' prior written notice has been given to the Municipality by certified mail. 7. The Contractor shall be responsible for promptly reporting all claims to the appropriate insurer on behalf of itself, the Municipality and the additional insureds set forth below. 8. The insurance policies set forth in items 3, 4 and 5 above shall be endorsed to include the Municipality, the directors, officers, employees, agents and members of the Municipality, SWANCC and the directors, officers, employees, agents and members of SWANCC as additional named insureds for all activities of the Contractor in the performance of the Agreement. Such insurance is to be primary and non-contributory with any insurance secured and maintained by such additional named insureds. 18 EXHIBIT D FORM OF PERFORMANCE BOND Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY (Name and Principal Place of Business): OWNER(Name and Address or Municipality): SOLID WASTE COLLECTION AND HAULING AND SERVICE CONTRACT Date: Amount: Description (Name and Location): BOND Date(Not earlier than In-Service Date): Amount: CONTRACTOR AS PRINCIPAL: Company: (Corporate Seal) Signature: Name and Title: SURETY Company- (Corporate Seal) Signature: Name and Title: (Any additional signatures appear on page_) AGENT or BROKER: (FOR INFORMATION ONLY—Name, Address and Telephone) OWNER'S REPRESENTATIVE(Architect, Engineer or other party): 19 I. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Solid Waste Services Agreement,which is incorporated herein by reference. II. If the Contractor performs the Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. III_ If there is no Owner Default, the Surety's obligation under this Bond shall arise after: a) The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and b) The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty (20)days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and C) The Owner has agreed to pay the Balance of the Contract Price to the Surety, in accordance with the terms of the Contract, or to a contractor selected to perform the Contract in accordance with the terms of the contract with the Owner. IV. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall, promptly and at the Surety's expense, take one of the following actions: d) Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract; or e) Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or f) Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with a performance bond executed by a qualified surety equivalent to the bond issued on the Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or g) Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: A After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or 1 .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. V. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen (15) days after receipt of an additional written notice from the Owner of the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Vi. After the Owner has terminated the Contractor's right to complete the Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: h) The responsibilities of the Contractor for correction of defective work and completion of the Contract; i) Additional costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; j) Liquidated damages as provided in the Contract, or if no liquidated damages are provided for in the Contract for such event, actual damages caused by delayed performance or non-performance of the Contractor. k) The responsibilities of the Contractor for obtaining the insurance specified in the Contract and for fulfilling the indemnification obligations undertaken by the Contractor in the Contract. VII. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. Vlll. The Surety hereby waives notice of any addition, alteration, modification or change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. IX. Any proceeding, legal or equitable, under this Bond is required to be instituted in the Circuit Court of Cook County and shall be instituted within two (2) years after Contractor Default or within two (2) years after the Contractor ceased working or within two (2) years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitations available to sureties as a defense prescribed by Illinois law shall be applicable. X. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 2 XI. DEFINITIONS 1) The Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Contract. M) Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. n) Owner Default: Failure of the Owner,which has neither been remedied nor waived, (a)to pay the Contractor, but only to the extent such failure to pay excuses or relieves the Contractor from full and faithful performance of its obligations under the Contract and the completion of the Services provided for in said Contract; or(b) to perform and complete or comply with the terms of the said Contract, but only to the extent such failure excuses or relieves the Contractor from full and faithful performance of its obligations under the said Contract and the completion of the Services provided for in the said Contract. (Space is provided below for additional signatures of added parties, other than those appearing on the coverage page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: 3 *W4.. , * �oe 3.4 get 0' "JT'hurc Proplc Cultlit Village Manager's Office 1000 Civic Center Drive,Niles, Illinois 60714 Acting Mayor Telephone(847)588-8000 a Fax(847) 588-8051 e TDD (847) 588.8059 Robert AL Callero Trustees August 27, 2008 Kim S.Biederman Robert Af. Calleru Joe Lo Verde Bart T.Ahoplrti• RE: Commercial Refuse Agreement Lonella B.Preston Audre•+1 Przthvlo Dear Village Institution: Village Manager George R. Van Geem Over the past year, with support from the Niles Chamber of Commerce and industry and the Solid Waste Agency of Northern Cook County, the Village of Niles conducted an Village Clerk extensive exploratory process to determine if a commercial waste and recycling program Marlene J. VictoHne would benefit the commercial businesses, institutions, and industry of Niles as it has benefited the those in 20 other Illinois municipalities with similar programs. The findings were staggering. After an extensive "open"' and "competitive" proposal process with area waste haulers" the Village utilized economies of scale to negotiate a seven-year commercial waste and recycling agreement that will save most locations money, provide uniform pricing, predictable escalators tied to the Consumer Price Index, elimination of special fees, strike protection and offer basic recycling at no additional cost. The Village Board selected Groot Industries, Inc. to be the single solid waste and recycling firm for all commercial collection. Within the next few weeks, representatives from Groot will be contacting you to discuss your service needs. If you have any questions or would like more information about the program,please contact me directly at 847.588.8007 or scv avniles.com. Thank you again for your cooperation. Sincerely, Steven C. Vinezeano Assistant Village Manager vt'%(.F rye A111Yi4 * T;Ilaqe ,r�] 0 /Q* �4 l!1 V I it s ran "Where People Court" ��>rr Village Manager's Office 1000 Civic Center Drive,Niles, Illinois 6071$ Acting Mayor Telephone(847)588-8000 * Fax (847) 588-8051 • TDD(847)588-8059 Robert AL Callero Trustees August 27, 2008 Ki►n S Biederinan Robert M. Callero Jo c°LoT'erde Bar? T.MurPl�t, Louella B.Preston Dear Village of Niles Proprietor: Andrew Pr.t'btlo Village Manager Last year, many businesses in the Village of Niles responded to a survey that was sent out George R. Tan Germ by the Solid Waste Agency of Northern Cook County regarding refuse and recycling services. That information was useful in assisting the Village to negotiate a commercial Village Clerk waste franchise program for the benefit of local businesses. Marlene J. I ic•tor•irre The benefits of this new commercial waste program include established pricing with predictable annual escalators, free basic recycling services, and service performance guarantees. In addition to these direct benefits, Village will realize environmental benefits of fewer solid waste trucks on the Village streets, using less fuel and energy and emitting less greenhouse gases, benefitting businesses and residents alike. The Village Board selected Groot Industries, Inc. to be the single solid waste and recycling firm for all commercial, industrial, and institutional buildings. Within the neat few weeks, representatives from Groot will be contacting you to discuss your service needs and provide information on the free basic recycling. If you have any questions or would like more information about the program, please contact me directly at 847.588.8007 or scvnvniles.com. Thank you again for your cooperation. Sincerely, Steven C. Vinezeano Assistant Village Manager enclosure T Director Deputy Director Glen R. Andler Sean P. Dorsey Mount Prospect Public Works Department 9700 W. Central Road, Mount Prospect, Illinois 60056-2229 Wednesday, October 15, 2008 Re: Commercial Solidi Waste Services Dear Commercial Property: The Village has entered into an agreement with ARC Disposal (ARC) of Mount Prospect to provide solid waste services to all commercial properties in Mount Prospect. This agreement creates an exclusive franchise meaning that the Village's contractor, ARC will be the only hauler authorized to collect commercial waste in the Village. In addition to providing solid waste services the Village will be providing free recycling collection, through ARC, to all properties receiving solid waste services. The development of a commercial franchise has been a goal of the Village for several years Over the last decade a number of area municipalities have implemented commercial franchise agreements saving commercial businesses on average 20-25 % in solid waste service costs. After significant research the Village determined that by creating an exclusive franchise the Village could greatly reduce the rates that commercial properties are currently paying for solid waste services. The research conducted by the Village indicates the businesses in Mount Prospect could see on average a 25%reduction in costs for the same service level. The Village is able to provide solid waste services at a lower rate because of the efficiencies created by having one hauler collect every commercial stop versus multiple haulers crisscrossing town to collect commercial solid waste. Over the last several years the Village has received a number of inquiries from businesses concerning options available to businesses for recycling. Many haulers refuse to provide recycling or the cost to recycle is prohibitive to businesses. By developing the exclusive franchise the Village is able to provide recycling to all businesses for FREE. Businesses wishing to participate would be eligible to receive once a week collection of any cart or dumpster size (95 gallon cart to a ten cubic yard dumpster) for free. Any business wishing to have more than once a week collection may do so, but there is a charge for recycling service in excess of once a week collection. The recycling program will include the collection of paper fiber, plastic and aluminum. Businesses that have a need to recycle large volumes of glass or tin would need to contact the Public Works department to discuss available options. Not only will the businesses receive free recycling, but businesses should be able to reduce the number of dumpsters by actively recycling, which, in turn will further reduce solid waste costs. Past experiences indicate that a business that actively recycles could reduce solid waste needs by one dumpster size. The contract between the Village and ARC starts October 1, 2008; however, the implementation or exchange of dumpsters will not begin until the last week of November and will continue through April. The exchange will occur in three phases based on three commercial zones (see attached map of commercial zones) as decided by the Village and ARC. The tentative schedule has Zone 1 being exchanged beginning the last week of November and a tentative completion occurring the last week of December. The exchange of dumpsters will begin in Zone 2 the last week of January and has a tentative Commercial Solid Waster Services Page 2 of 2 completion occurring the last week of February. The exchange in Zone 3 will begin the last week of March and the anticipated completion date will occur the last week of April. The delivery of your new dumpsters will be coordinated with the removal of the old dumpsters to prevent a disruption in service or minimize the disruption to a couple of hours. Until your dumpsters are exchanged you will continue to be serviced by your current hauler and must continue to pay that hauler. Once your dumpsters have been exchanged you will be billed on a monthly basis by ARC. Billing will begin the first day of the month following;your exchange.When a specific schedule for your business has been determined you will be notified as to the specific date when your dumpster will be exchanged. Businesses that currently are customers of ARC and Groot (ARC has negotiated a deal to purchase Groot's dumpsters) will not need to have their dumpsters exchanged, therefore these businesses will begin receiving service under the contract rate beginning November 1. The possibility may exist that the current rate that you are paying is less than the new contract rate (for the same service level). If this is the case you will be grandfathered for a period of time and will continue to pay your current rate. After a period of time you will see increases that will bring you up to the contract rate over a two year period. To prove that your current rate is less then the contract rate the last invoice received before November 1, 2008 will need to be presented. In the coming months ARC will be sending around representatives to gather information to begin the process of transitioning to the new commercial solid waste program. ARC representatives will be asking for several pieces of information, including dumpster size, frequency, recycling needs and your last solid waste invoice prior to November 1, 2008. The ARC representative will also be able to provide details on the program, but if you should have any questions concerning the program do not hesitate to contact the Public Works department at (847) 870-5640. You may also visit the solid waste section of the Village's website and view details and updates on the program and the status of the exchanges. Attached is a list of frequently asked questions and answers that have been asked by other businesses and should address most of your concerns. The Village is excited to be able to provide this new service to Mount Prospect businesses and the Village will strive to provide a level of service that far exceeds your expectations. Sincerely, Jason H. Leib Administrative Superintendent Phone 8471870-5640 Fax 8471253-9377 www.mountprospect.org Ta MW Request a Guide Businesses will receive a 95 gallon SWANCC`s Waste Reduction in the Workplace is a guide designed to recycling cart for free! Your business provide businesses and organizations can reduce the amount of garbage within the SWANCC region with helpful COMMERCIAL sent to the landfill costs by recycling. information on how to establish a successful waste reduction program. RECYCLING Recycling not only benefits the envi- ronment, it can benefit your pocket- This eight-step guide provides practical ppO�D A and specific suggestions on how to plan r R V` book as well. and implement a waste reduction program best suited to your business or Recyclable Materials organization. The guide addresses how to obtain support from upper-level • Paper: Office-grade computer and ledger management, appoint a waste reduction coordinator/committee, review waste paper, bond paper, typing paper, copier and reduction options, evaluate an existing fax-grade paper, index cards, envelopes, waste system, design a waste reduction paper file folders, junk mail, magazines and program, conduct an economic analysis, brochures, telephone books, service implement a waste reduction program directories and chipboard. and purchase recycled-content products. • Cardboard With a mixture of common sense and • Empty Aluminum cans creativity, businesses and organizations can develop effective ways to reduce • Empty steel paint cans waste, reuse, recycle and buy • Aerosol cans recycled products. • Clear/green/brown glass —6.; �_ To request a copy of the guide toll • Plastics #146 AR U SWANCC at (847) 724-9205 or f • I� y,���s�r., email info @swancc.org. C3A - - The Solid Waste Agency of Northern took County J SAVE MONEY ® ® W W Em �/� �a �+ 1.+il6at;r nM hJia�� REDUCE WASTE . �1 iles.com wal,r:l `,L'r::;� :;:�nr7 �i t.er9h �r.t_-,tsnk Ccnur:ry S�m,rs`�CLu groot.com FREE RECYCLING E EC CLING ALLOWS BUSINESSES TO GROW �► Groot Industries is providing businesses with HOW TO REDUCE SOLID WASTE COSTS: Reduce disposal 000sls.Waste disposal is free recycling carts in Village of Niles. An a growing expense for businesses and additional cart or larger size is available to .f By participating in the free business organizations.Waste reduction efforts provide a practical means for achieving businesses for an additional cost. This free recycling program, you will be able to divert manageable waste disposal costs. recycling service is only available to those numerous materials from the waste stream. businesses Currently serviced by Groot. Visibly Demonstrate Your Environmental Commitment. Environmental respon- 2. Take a Waste Audit. Monitor the capacity of sibility is a growing concern throughout Recycling decreases the need for additonal your garbage container for a month before our society. Increasingly,manufacturers landfill space, natural resources and energy your solid waste collection pick-up. and their products are being judged in the market place an environmental needed to manufacture products. criteria.A genuine commitment to waste 3. Reduce. If your garbage container is now reduclion sends an important valuable When a business adds recycling, downsizing significantly less full, consider reducing either message to clients,customers and employees. In a competitive market, this their solid waste containers or the frequency the size for your waste container or the message of environmental responsihil ty of service normally helps reduce solid waste frequency of service. Your solid waste costs may possibly provide a critical marketing service costs. Check out "How to Reduce could go down by 15% to 25%. advantage. Consumers have become more aware of the environment and Solid Waste Costs" for details. consequently scrutinize the environmen- Coll Groot at 1-800-244-1977 to change tal sensitivity of the companies they use By taking advantage of this new business your solid waste service and start saving money or patronize. recycling program, your company or orga- by recycling today! Be Part of the Solution to fhe Waste nization will be able to maximize profits and Problem.Like many communities in reduce both hauling costs and the burden For additonal ways to divert materials from the the United States,SWANCC-member communities face a waste disposal on the earth's finite resources. waste stream, check out Green dilemma. SWANCC officials are Pages, SWANCC's online presented with extremely difficult Save Money. Reduce Waste. directory providing outlets challenges in providing acceptable and adequate wasle management for either recycling or services. By implementing a waste disposing Of Items reduction program,your business can that are no longer help to reduce the reliance an disposal t,,, facilities as well as preserve valuable needed at swancc.org. disposal capacity. Help Conserve Natural Resources. w Reduce. Reuse. Recycle. Waste reduction activities can reduce the depletion of natural resources by replacing raw materials with secondary materials in the manufacturing of new goods and products. A More Sustainable Oak Park Greenhouse Gas Emissions from Commercial ant] Mulli-Family Waste Collection H, B y C e---i,I r--r k)1 1',4 p-'.q 11 bo i h&--:d it .1unip. 2008 CNT' Acknowledgements The Center for Neighborhood Technology would like to thank Oak Park Village Manager Tom $arwin for his vision in initiating a study of the greenhouse gas emissions from commercial and multi-family waste collection in the Village.We also thank Karen Rozmus,Waste Reduction Manager, for her informative and enthusiastic assistance with gathering available information about the current waste management system, and Vic Sabaliauskas,Assistant to the Director of Public Works,for providing us with the necessary GIS information. About Center for Neighborhood Technology The Center for Neighborhood Technology (CNT) was CNT's transportation work is focused on using founded in 9978 to research, adapt and test new transportation assets to serve both the environmental community revitalization strategies relevant to urban and economic development goals of regions and communities, especially strategies that harnessed the communities. CNT works to boost demand for clean, environmental and economic value of the more efficient and affordable mass transit; increase the j efficient use of natural resources. Over the years, CNT supply of traditional and non-traditional mass transit j has worked to disclose the hidden assets of the services; disclose the linkages between transportation Chicagoland economy and urban areas more broadly; costs and housing affordability; create model value- demonstrate the multi-bottom line benefits of more capture mechanisms that take advantage of the resource-efficient policies and practices, and show intersection of efficient transportation networks with how the value of what we demonstrated could be community economic development programs; and captured to benefit communities and their residents promote policy initiatives that increase public inclusively. CNT serves as the umbrella for a number participation in investment decisions and make more of projects and affiliate organizations, all of which help resources available for sustainable investments. the organization fulfill its mission: to promote the development of more livable and sustainable urban More information is available at www.cnt.org. communities. Center for Neighborhood Technology • 2125 W. North Ave., Chicago, fL 60647 • p: J773) 276-4800.www.cnt.org Summary The Village of Oak Park is contemplating a system for franchising the collection of solid waste from commercial and multi-unit residential buildings.This system change will reduce truck traffic in many alleys.The Village retained the Center for Neighborhood Technology to analyze the change and quantify its impact on the amount of greerdiouse gas emissions due to the collection activities. CNT used information provided by the Village, as well as surveys of alleys, to estimate that waste hauling traffic would be reduced from approximately 780 miles per week to 276 miles per week.The annual greenhouse gas emissions from the truck traffic would be reduced by 102,200 kilograms, emissions comparable to those from 68 commuters driving to the loop every weekday for a year. Introduction The Village of Oak Park has begun the process of making its solid waste collection system for companies and multi-unit residential buildings more efficient. A single waste hauler is being sought for the entire village. One of the principle benefits from this decision is the reduction in the truck traffic in many of the Village's alleys. The Village wishes to quantify an additional benefit: the reduction of greenhouse gas emissions due to a reduction in the truck traffic.The Center for Neighborhood Technology(CNT)was asked to conduct an analysis of greenhouse gas emissions from commercial solid waste collection and emissions that are likely after the system change is implemented. This brief report is in response to an agreement dated March 7,2008 between Village Manager Tom Barwin and Stephen A.Perkins,Senior Vice President of CNT. Mapping and Characterizing the Current System CNT obtained data from the Public Works Department about the sources, locations,volume and waste haulers that constitute the current commercial waste hauling system. (The term"commercial" is used here to include both multi-unit buildings and businesses.Waste from single family homes and townhouses are collected by Waste Management under a contract with the ViIlage.)The data included: • Maps and lists of the multi-unit and business waste sources; • Tons hauled from the Village reported in the"Haulers Annual Quarterly Report 2007"; • Tons hauled from the Village reported in the haulers' annual reports to the West Cook County Solid Waste Agency for 2006 and 2007. Bill Eyring,Senior Engineer at CNT surveyed approximately three quarters of the alleys in the Village that contain multiple commercial waste sources.Each of the waste bins in the surveyed alleys was documented by location and the hauler name on the bin. If there was no alley, they looked elsewhere on the property. If there were visible bins inside a building,they documented them as well. Grease containers and construction debris dumpsters were not documented. Center for Neighborhood Technology • 2 i 25 W North Ave., Chicogo, It 50647 • p: (773) 278-4800•www.cri.org The results of the survey were plotted to create a map of customers for each of the haulers.Source locations that were not surveyed were assumed to be served by one or more of the haulers serving other nearby customers. In this way a total of nine maps was created -one for each of the following haulers: • Veolia • Waste Management(not including its single family customers) • Allied/Browning • Flood Brothers • Groot/Crown • Roy Strom • Arc • Onyx • Lakeshore There appear to be roughly 1.5 times as many waste sources as there are bins in the areas containing businesses.This is logical,since many of the businesses are probably in Iarger buildings served by one or a few bins. Many of the bins in the larger residential buildings are well hidden from view,so that many were not seen during the survey.The vast majority of the bins were 2 cubic yards in capacity. Bins labeled for recycled materials were documented along with the others. The data that was gathered in the alleys,along with data provided by the Village,was analyzed to identify both areas in which there was consistency and those where there appears to be inconsistency. The following points seem relevant: 1. The Village lists 679 multi-unit buildings and 1,353 commercial sources of waste,a total of 2,032 sources. During the survey CNT documented 402 bins,which can serve as a representative sample of the haulers serving specific locations. 2. The"Haulers Annual Quarterly Report 2007' obtained from the Village shows a total tonnage (not including construction and demolition debris) of 46,920 tons.This is equivalent to 902 tons per week. 3. Nearly all of the bins that were identified in the survey were 2 cubic yards,or 54 cubic feet,in capacity. A full bin can hold up to roughly 1,000 pounds of waste,although it obviously depends greatly on whether most of the waste is Styrofoam,metal or food scraps. Using a 500 pound average load,a truck can haul the waste from about 100 bins. 4. If only one bin per block needs to be picked up six days per week, a truck must go down that block six days per week.The truck may go faster and be able to cover more blocks per day if many of the bins can be bypassed some days,but the greenhouse gas emissions will still be proportional to the miles traveled. 5. The customers that most need pickup six days per week are restaurants and other sources that have odorous and putrescent waste that will offend neighbors.These are not evenly distributed and should affect only portions of the routes. 6. The combination of these factors leads CNT to assume that the average frequency of travel on the routes is 4 times per week. Center for Neighborhood Technology • 2125 W. North Ave., Chicago, IL 60647 • p: (773) 278-4800.www.cnt.org Mapping the routes of each of the current haulers is the key to estimating the current greenhouse gas emissions.CNT created a map of the customers for each of the nine haulers. A logical route that serves the customers was then developed and the length of the route calculated.These routes were then used to estimate the vehicle miles required by each company to service the bins each day that they are serviced. Another route was developed that could serve all of the customers by a single hauler, and, again the vehicle miles traveled were estimated to service that single hauler route. Figure I shows all of the current routes for the nine haulers.Figure 2 show>s a single route that could serve all of the sources.The length of the nine current routes is 129 miles. In locations such as south of Lake Street near Harlem,there are as many as seven haulers serving a single alley. In contrast,the length of the single hauler route is 46 miles. We observed how often the several trucks we followed were required to back into and out of alleys and yards and how*twisting the routes were with no apparent,but surely a good reason.As a result, we assume that each route should be multiplied by a factor of 1.5 to get a reasonable estimate of actual mileage. Center for Neighborhood Technology • 2125 W. North Ave., Ch;cago, IL 606A7 • p: (773) 27BA800•www,crit.org Figure 1 Current Routes for the Nine Haulers Total Businesses 5 to 9 Doi M, Ito 2 rY' w r�►si .� .w .Y+ Ir+� Ono 0 Pill w Q00❑G - J C .��DEI� x 00 Ell. L7 v I, T P_R-1 IF 11 R rI I r s e■ b .. —�. . L � i__II�'�►. ■ •4l•y r'r i5 � � ■' Y ■ Y Y Y� b F v N r � F » n lot HH � 0 0 TO I�F�110-0 L .0 190 .R. R.j L. JU I�El LU9L� o at 0 01111 I F F El E Center for Neighborhood Technology • 2125 W. North Ave., Chicago, IL 60647 • p: (773) 278-4800•www.cni.org Figure 2 Possible Single Route Tate'Businesses 20 5 to a�QaD�a�DDD�o�a aoDEM 9 to 20 I 5 to 9 to 2 M noun[ �❑❑❑ 3 T�_:1_ -���1DDD❑❑ �o�DDDa� • }y r (1�11 �DDDDD� is 1�;4 �■ Sri 1 DUG- E:-3 � �l ,�;.,. Ot aaDaQ, 000 `— ��-.ai��-'�' .fas ° ""f.,�-a ❑❑LSD ®❑r FLT ■ �` _�j r �; . j� . �❑❑a. # ' ❑ OC� � DFE❑Q ooa❑ao � �''_fl . ■, ■ . _ oD�DD f. 5I I{ I iIi Ir R UFOh .� kll:!• • R (s I� �-•■I • Mj a • ...I a� r • y • # J � r ■ ❑�oagD n -� . Li �QDOQDD 11JE4, .72•.. atirra a Ert••eilr� �: us L;t IDEJ ODD DOME U b❑oDO �� ��ti �� �o � ,��� a��Dooa DO OEM* f�� � � @ i� I�" 4l� I QD❑� ED❑❑❑ooa❑oDo❑a❑aaad❑aDoD❑DDaD�Do Center for Neighborhood Technology ,,2125 W. North Ave., Chicogo, It 60647 • p: (773) 278-4800 •www.cnt.org Emissions Estimation All of the trucks that were observed during the survey were late model rear loader packer trucks. These trucks commonly have a capacity of 25 cubic yards. It has been estimated by INFORM,a national environmental research organization that these trucks,in service, average about 2.8 miles per gallon. The emission factor for diesel fuel, according to the US Dept of Energy,is 10.9 kg CO2 per gallon. For a truck at 2.8 miles per gallon,the factor is 3.9 kilograms per mile. The nine haulers currently serving Oak Park have combined travel of the measured 129 miles times the 1.5 factor or 195 miles every time they travel their routes. If every route is covered four days per week, the trucks travel approximately 780 miles per week. The single hauler that Oak Park selects will have routes totaling the measured 46 miles times the 1.5 factor or 69 miles every time the route is traveled.If the route is covered four days per week, the trucks will travel approximately 276 miles per week. The savings due to the new system would be the equivalent of 780 minus 276, or 504 miles per week times 3.9 kilograms CO2 per mile. This results in 1,966 kilograms CO2 per week, or 102,200 kilograms CO2 per year.That seems like a lot,but it's hard to picture. If we compare the reduction of CO2 emissions with those of a commuter from the Village of Oak Park to State Street in Chicago,a round trip of 16 miles,we might learn something. The commuter travels by car 80 miles per week. For gasoline, the emission factor is 8.1 kg CO2 per gallon. For an average car getting 22.4 miles per gallonv,the factor is 0.36 kilograms CO2 per mile. Thus, the commuter's car generates CO2 at the rate of 80 miles per week times 0.36 kilograms CO2 per mile, or 28.8 kilograms CO2 per week-1,497 Kilograms CO2 per year. (The greenhouse emissions for a commuter by transit are approximately 0.0005 kilograms of CO2 per passenger mile,not a significant amount when compared to travel by car.) The reduction in CO2 emissions as a result of improving the Oak Park commercial waste system was found above to be 102,200 kilograms CO2 per year. If we divide that amount by the amount emitted by one car commuter,1,497 kilograms CO2 per year,we get 68. Thus,we find that improving the Oak Park waste hauling system would reduce greenhouse gas emissions by the same amount as would be reduced by convincing 68 car commuters to take mass transit to the loop every week day. http:ll www.informinc.orgl rer)ortr)dfs/st/GGT%20UPDATE%20FINAL.i)df http://www.fhwa.dot.qov/policy/ohim/hs06/index.htm http:llwww.fhwa.dot.gov/polic,v/ohim/hs06/national household.htm Center for Neighborhood Technology • 2125 W. North Ave., Chicago, 1160647 • p: [773] 278-4800 •www.cnt.org At•THURSDAY.00TG13ER 29,2009- 9£ACONNEWSONLINE.COf.i Laal ews it i'lsn't easy ;BEING GREEN WHEN IT COMES TO RECYCLING, BUILDING OWNERS IN FOX VALLEY DOWNTOWNS ARE ON THEIR OWN 4#x11f1.�nLn:L4U �I 11IY aal, gal A P81'A ha, - I, rtl "19JE Ar.Lxader wheal II 4:nnN'd Pn rt54ir4nrornkaflY lricnd8� 1niLiaTlvxx ;ti1ia, ' tt�rr lo wn bunlnear.awm w SdI ►�' Av,rh011.Awra Abler.In ncr.Lhr - ,.iar t71Se Ill.tend mb aoarklutr nor ATr1PPllR 41,111 Iwglar.A Ilp- - i - - tlral on f1�n,e"![re Plea 1,iSrr. ` many+mnlf hynilrrav unrrtCr>f, ^1� lel�n LrItI ao er�4rPLr[�, eCrLR,(C Jilx gins=- plaslir alol t N bvAM ovrry do Aad. Llkr m4 Emall hwillrxr mWheya, Per then tnLr4 aH shsl glaan, } pletalr god carr]blretrvf ttomr vhh him to add it to hia mid- dae ial rccjtdiilp It1ckml. Flt duce 11110 hrrolw AN WE, 15kr RMI Mmnitlnllkl. darn Iwl urrcc rurLasidc rrtp• .°Lint llsckup cur cvranrrrrial = 1rllxiri"o&c or &r multi-unPl - nparrirvrnr Lu�lalinll� if bull- - nrnare w��nr rrt}'tt n�pirilup, � fl,,'h' Tn arrxhltr.li w1di a °®rt-irlSl,.p,+al rnrtlmny I hem- - SkIkV 3, .,h iCh rhn hnon-1LIMS, arm P „_ � mt c�pent.i+t for maLl- hu!dnrso neaciw 4naff0rd. _ . Tilit"a e I h Arendt, w4luhl h-15-min•W 1++ta+Qd4F Fve the at owes€a&ca ,wr.e t rttH[+n[n at�n CMP&d dmmlwm inn Isbmak ik+dil M tlr t{IE111bM11 like to see Iha chv cnnrldrr u + curhmetclaL eecydina vickLrlt 9gmft tr��•lrarr nraeecr��rw tlsle P"bv4*w tAa dtl hrs pp omtle slrl itC IhTd t+nWP7r4.0 uuYt ouSUtn tsrxtr w.pr hrarr vmnw,cL. elmifar to the rrai- [lohtlat tine ffiLl nlrtr11dv hwve t1R slrert'' Arrnella said. °I communities in the Tax Val- ina to Aurarn affich&, is Lach business has 'veil .irh Mlifd 4Yaalt- CtIrbslde uauid yay n minimal fee for ley that rnutrart with lli4 the logistical nightmare ui diiierent needs, said tacit oar°kxap;he,mpf• aaokl nuke that� rompany for eommrrcial sclung up such a ritvwidc Anne Ergo• assictnnl q'hief It raeirr for husinr� eltet a1- recycling pickup, although franchise agreement- Resi- of gaff In Mayor'lbm WdM ready r"It.. 0nd encnuta Why na reeyt ing? many hnsinesses.in Aurora dential recycling is simple ner.Some may require rccy Cnose Mna 40A''t to ta•1te the Anro doml offer Lbis sod tiler ere.Lave tl" at�Iekt[pswetk.aionq ding JACkop atom than vnee phinge„ semm.bmttltWre not done. D91R *01L It HIf Up. 61'rt� some letd. whiilFe LOMOR I THURSDAY,OCTOBER 29,2009•BEACONN[:W IRUIE,COAt 8 GREEN Valley towns weigh in beGanruibsidepickup. yet,but Keene le0pthniatie, FROPA6£tt Similar issues have kept other mu- Go sautlr a Yorkville.however,and WHO AUrora deMalAd nicipalibes from fullowing the cam(- you'll rind people like\recta Hrane. t10maixy need otllyC/rd1LOBrd�ltd path.Accordin to Dan UinRCS.direo- who believe citywide commercial rr- But in duwnrown Aurora, he clam- someelillse Antiplaalie—All 01.10 b for of public works for Genera,snme cycling pickup k not arty passlblr but or for curbside recrcfing pickup for makes d[I VIS itxiaj&CdntrlftC for city husinmses have ask rd about re- a very good idea. htrsinesties ju n isn't there,accardinb pickup much t icWt.and perhaps cycling pickup,but city I.Caders have Keane series on Yorkv lle's Green to Dan Hiles,who heads the Green much costlier rent cunaidered It Commitlee,forined in 2007.that Commitlee for Aurura Duwnlown.;m tFilbb$14ig111itlndrliCltprsH "fl'sromplicated,attdwe don'Lhnve committee has recommended that organization of downtown business jet tC fartt t C40r A14YCttYiAl k• enough slaff."Dingec said. Yorkville explore a citywide agree- and property mvner< Hitea owns leg t0 tpC LtY itlt EeYtFl4err A4l 'I'he city ofHaperviIle has differcm ment for commercial recycling pink- River Breeze Art and Yoga on Downer eEgpltdihlp1,�11t2B1i11llldZrtolX• i.sues.Arcardrn to Beth Lang nfthe up•partially because it would save Place,aswelias the building itsilsin pecied rext mnnlEt,likely oil!aer ritv's public works department,the wear and sear on the roads.rh'ifh sa —a building that also includes the several nunecsential city services locations and cnnriguraliana of the many hasinessets using sn manv di(- River's Edge Cafi. staled hack,and perhaps eliminnt commercial buildings in Naperville ferem waste haulers,she said,the Hite,contracts with Waste:din ed. are"not conducive for thin type of sl reefs arc feeling the burden of too agement for his trash and recyclirg "Wv are always open inc-xploring pickup.."Thcamoantofrecyelinlggen. Many trucks pickup and uses a trash ronta'sm•rbe. ideas."Ergo said of commercial recy crated by some businesses,as well as Plus,she feels v citywide contrart hind the oaf¢.He said the idea of., cling pickup."but they need in be ern-vtrevL parkmr,would make curb- would oncouratte rRcyrling.particu- franchise recycling agreement bas cost-neutral for the city" side cuflcrtlon"extrrmelg difficult fur iorly among husiness owner+who been disenssed,but he hasn't lu•ard Henachen said the city has never a 5crvice pravider." can't afford their own private can, manYbusktess owners calliugilapri- asked him how much commercial re- Naperville dots,however.bust a re- Iracis now.She said the cost of tom- ority. cycling pickup might cast.The oily cycling drop-off renter fur residents pilingadatabase ofbukinpsses would Still.Arenella hopes the city takes also dues not registerhus•inesses and and small businesses.11's open three ftc offset by the fee.waste-hauling a look at the idea.He believes husi co cannot provide Allied Waste with days awcek at 1130 Fort Hs Drive.ree e'?mpanirs would pay to get the oily nesses enuld afford a small monthly wide cnntracl. fee and wants to see moreof them re f precise number of customers for a rota offered a drep•offcerterforyrars Krane said the idea came from the cycllug. franchise agreement. Iicnschen at the Aurora Transportation Center, business community.The cornmil- "rhcrr haswbeawaywecanwork would not speculate as to how much bnl it was forrcardents.not businesses, such a contrarl might cast. and it Closed down once Allied Waste tee's recammcndation has not made things out and s1 ill save the eaviron- its way to the Yorkville City Council Mont."he Said. t f' .. y t F y f CO. Reviewed By: Agenda Item Number Legal ❑ � EST. 1836 Finance G ,�1 1 Engineer " � �r Tracking Number 4 � CO City Administrator ❑ �L K �4 Consultant El aC) , ALE ��• Agenda Item Summary Memo Title: Ordinance Regarding Trails and Sidewalks Meeting and Date: June 15, 2010 Public Works Committee Synopsis: This proposed ordinance would help generate funds for new trail/sidewalk construction. 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: J= Memorandum EST. 1 L_ 1836 To: Bart Olson, City Administrator From: Joe Wywrot, City Engineer 1 « y p CC: Lisa Pickering, Deputy City C.erk ' Krysti Noble, Community Development Director <LE Laura Schraw, City Park Designer Date: May 22, 2010 Subject: Ordinance Regarding Trails and Sidewalks Attached find a proposed ordinance regarding trail and sidewalk construction throughout the city. The idea behind this ordinance was originally proposed by Alderman Werderich, and will help generate funds for easement acquisition, design, and/or construction of trails and sidewalks as well as avoid construction of trail or sidewalk in areas that are not practical or beneficial. New construction or redevelopment of property includes construction of sidewalk across the public frontages of that property. City staff would evaluate the property and determine if construction of public sidewalk is appropriate. If sidewalk is not appropriate at that location, or if trail should be constructed instead of sidewalk, then the city could waive the sidewalk requirement if the property owner remits the funds to the city that would have been spent on sidewalk construction. The property owner would have the right to either construct the sidewalk or pay the city. The city would have the right to either accept the payment if the dollar amount is found to be reasonable, or to reject the payment offer and require the sidewalk to be constructed. This proposed ordinance has been reviewed and revised by Kathy Orr. Please place this item on the June 15, 2010 Public Works Committee agenda for consideration. Ordinance No. ORDINANCE REGARDING A POLICY AND PROCEDURE TO CREATE A FUNDING MECHANISM FOR SIDEWALK, TRAILS AND PATHS WHEREAS, pursuant to Ordinance No. 2009-48, the Mayor and City Council of the United City of Yorkville(the "Corporate Authorities") adopted the Integrated Transportation Plan which calls for the construction of regional and local trails and bike paths throughout the City; and, WHEREAS, construction of said trails and bike paths requires significant funding; and, WHEREAS, new construction of homes and businesses include a requirement for the construction of public sidewalk along their frontages of public roadways, however all of such new construction is not in areas where sidewalk is either practical or beneficial to the general public; and, WHEREAS, in certain instances, it is in the best interest of the citizens of the City to permit the requirement for sidewalks to be waived in consideration of providing funding for trails and bike paths as hereinafter set forth. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section I. Upon review of a proposed development, the City Administrator shall determine if a sidewalk is not practical or beneficial at the location of proposed new construction. Section 2. Upon making said determination, the Community Development Director shall notify the owner/developer of the finding and waive the requirement for sidewalk at that location subject to payment of an amount equal to the amount which would have been required for construction of said sidewalk servicing the new construction to fund local trains and bike paths. Section 3. Owner/developer shall have the option of constructing a sidewalk across the frontage of the property being improved or transferring an amount equal to the cost thereof to the City for trail or bike path projects. The City shall have the right to require that the owner/developer construct the sidewalk across their property's frontage if the amount due to the City is not paid or cannot be agreed upon. Section 4. All funds are to be deposited in a separate account and are to be used only for the purpose of acquiring casements, design, or construction of trails or bike paths at locations deemed beneficial to the public. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D. 2010. ROBYN SUTCLIFF GEORGE T. GILSON, JR. ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI MARTY MUNNS ROSE SPEARS WALLY WERDERICH APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D. 2010. Mayor Attest: City Clerk C/ry Reviewed By: Agenda Item Number D J a T Legal ❑ 41 3 EST 1836 Finance ❑ 1;a Engineer , [3 u� City Administrator ° F-1 Tracking Number Consultant ❑ PW L fI <C E ��• Agenda Item Summary Memo Title: Sunflower Estates Phase 3 — Final Acceptanec and Bond Reduction #3 Meeting and Date: June 15, 2010 Public Works Committee Synopsis: Recommend final acceptance of the public improvements for Sunflower Estates Phase 3, and a corresponding bond reduction of$11,173.36. 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: col N 0 Memorandum esr 1836 To: Bart Olson, City Admimstrat r From: Joe Wywrot, City Engineer d CC: Lisa Pickering, Deputy City G,l&k Date: June 3, 2010 Subject: Sunflower Estates-- Phase 3 Acceptance of Public Improvements & Bond Reduction #3 The punchlist for Sunflower Estates Phase 3 is complete. Attached find the proposed Bill of Sale, which we have forwarded to the developer to execute. I recommend that the public improvements for watermain, sanitary sewer, storm sewer, paving, streetlighting, and parkway landscaping as described in the Bill of Sale be accepted for ownership and maintenance by the city. Corresponding to final acceptance is a bond reduction to 10% of the value of the public improvements. I recommend that Gulf Insurance Company Bond No.1321$67156 be reduced by the amount of$11,173.36. The remaining amount of the bond would be$73,713.19, and would remain in place during the one-year warranty period. Please refer to the attachment for details. Please place this item on the Public Works Committee agenda of June 15, 2010 for consideration. BILL OF SALE Seller, company name of counter County, state , in consideration of One and No/100 Dollar($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, The United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto for the development known as Sunflower Estates - Phase 3. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITHNESS WHEREOF, Seller has signed and sealed this bill of sale at address , this day of , 2010. COMPANY NAME name title STATE OF state ) COUNTY OF county } On this day of , 2010, before me a Notary Public within and for said County and State, personally appeared name, to me personally known, who being by me duly sworn did say that he is the title of comnany name, the corporation named in the foregoing instrument, and that the instrument was signed on behalf of the corporation by authority of its Board of Directors and name acknowledged the instrument to be the free act and deed of the corporation. Notary Public county County My Commission is expires date Exhibit A Sunflower Estates Phase 3 —Public Improvements Roadways* Walsh Circle Sta.7+33 to Sta.21+99 Aster Drive Sta.2+33 to Sta.8+89 Watermain Quantit 8" DIP Watennain w/polyethylene wrap 2072 LF 8"Valve in Box 3 EA Fire Hydrant 7 EA Water Service, 1" Type K Copper 49 EA Sanitary Sewe Quantit Sanitary Sewer, 8" PVC, SDR26 2790 LF Sanitary Manhole 12 EA Sanitary Sewer Service, 6" PVC, SDR26 1086 LF Storm Sewer Quantit Storm Sewer, 12" RCP 889 LF Storm Sewer, 12" HDPE 1327 LF Storm Sewer, 15" RCP 77 LF Storm Sewer, 15" HDPE 481 LF Storm Sewer. 18" RCP 78 LF Storm Sewer. 18" HDPE 533 LF Storm Sewer, 21" HDPE 163 LF Storm Sewer, 27" RCP 268 LF Inlet, Type A. 2' Dia. 14 EA Inlet, Type B, 3' Dia. 6 EA Catch Basin, Type C, 2' Dia. 7 EA Manhole, Type A, 5' Dia. 15 EA Cleanout Structure. Ty A, 2' Dia. 1 EA Miscellaneous Quantit Streetlight, Complete w/wiring 7 EA PCC Sidewalk 21,109 SF Parkway Trees 87 EA * Roadways include aggregate base, curbing, bituminous paving, and striping. City of Yorkville 3-Jun-10 Letter of Credit/Bond Reduction Subdivision: Sunflower Estates Unit 3 Date of last bond/LOC adjustment: Oct-02 Reduction No. 3 ENR-CC Index for date of last adjustment: 6759 Bond/LOC No. Gulf Insurance Company; Bbnd 4321867156 Current ENR-CC Index: 8804 LOC/Bond Approved Original amount LOC/Bond Amt. Amount complete prior Amount of Amount to remain Item Eno. Est. for LOC/Bond Prior to Reduction No.3 to Reduction No.3 Reduction No.3 after Red. No.3 San. Sewer $105,844.00 $116,428.40 $15,876.60 $105,844.00 $2,089.79 $13,786.81 Watermain $92,574.00 $101,831.40 ;13.8,86,10 $92,574.00 $1,827.79 $12,058.31 Storm Sewer $103,392.00 $113,731.20 $15,508.80 $103,392.00 $2,041.38 $13,467.42 Pavement $167,550.60 $184,305.66 $25,13£.59 $167,550.60 $3,308.13 $21,824.46 Street Lighting $18,900.00 $20,790.00 $2.8115.00 $18,900.00 $373.16 $2,461.84 Erosion Control $2,200.00 $2,420.00 5330.00 $2,200.00 $43.44 $286.56 Miscellaneous $75,449.75 $82,994.73 $11,317.46 $75.449.75 $1,489.68 $9,827.78 Totals $565,910.35 $622,501.39 $84,886.55 $565,910.35 $11,173.36 $73,713.19 Notes: a)LOC/Bond amt. to be 20% of substantially completed items plus 110%of uncompleted items prior to final acceptance. b)LOC/Bond reduced to 10% at final acceptance. c) LOC/Bond amt. to remain is updated based on Engineering News Record-Construction Cost Index d) Manual input required for cells highlighted in yellow. Reviewed By: Agenda Item Number 0 Legal ❑ EST. 1 1936 Finance ❑ ��Std Engineer ` Tracking Number 0 ��, .- y City Administrator ❑ Consultant ❑ ❑ kE Agenda Item Summary Memo Title: Downtown Parking Lot-- Design Engineering Agreement Meeting and Date: June 15, 2010 Public Works Committee Synopsis: Recommend approval of proposal from EEI in the amount of$39,900 to perform design engineering for the downtown parking lot. 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: 3 Memorandum EST. yeas To: Bart Olson, City AdmImAr or From: Joe Wywrot, City Engineer ,, .X? 0 ;A n p� CC: Lisa Pickering, Deputy City Clerk Date: June 7, 2010 Subject: Downtown Parking Lot-- Design Engineering Agreement Attached find one copy of the proposed engineering agreement for the design of the downtown parking lot. This parking lot, to be located at the SE comer of Van Emmon Street and S. Main Street, will replace the on-street parking between Van Emmon and Hydraulic that will be lost when IDOT widens Route 47 in the near future. This agreement is for a fixed-fee amount of$39,900, and would be funded 100%by IDOT. We would not issue a notice to proceed for this work before we confirm with IDOT that the funds are available. Please place this item on the June 15, 2010 Public Works Committee agenda for consideration. Municipality L Name United City of Yorkville O Illinois Departnwd C Engineering Enterprises, Inc. C of Transportation o Township A N Address Kendall L S 52 Wheeler Road Preliminary Engineering U County A Services Agreement L City Kendall G for T Sugar Grove E Motor Fuel Tax Funds A Section N N State 10-00041-00-PK C T Illinois Y THIS AGREEMENT is made and entered into this day of April 2010 between the above Local Agency(LA)and Consultant(ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the"DEPARTMENT", will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name Route 47 Off-Street Parking Improvements Route FAP 326 Length 0.02 Mi. 100 FT (Structure No. ) Termini Southeast corner of Van Emmon and Main Street Description: Design of parking improvements at the southeast corner of Van Emmon and Main Street to replace parking spaces eliminated with IL Route 47 reconstruction improvements. Agreement Provisions The Engineer Agrees, 1. To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvements herein before described, and checked below: a. ® Make such detailed surveys as are necessary for the preparation of detailed roadway plans b. ❑ Make stream and flood plain hydraulic surveys and gather high water data, and flood histories for the preparation of detailed bridge plans. c. ® Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ❑ Prepare Army Corps of Engineers Permit, Department of Natural Resources-Office of Water Resources Permit, Bridge waterway sketch, and/or Channel Change sketch, Utility plan and locations, and Railroad Crossing work agreements. f. ❑ Prepare Preliminary Bridge design and Hydraulic Report, (including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. g. ® Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five (5)copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. h. ❑ Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction easement and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Printed 4113/2010 Page 1 of 4 BLR 05510(Rev.11/06) i. ❑ Assist the LA in the tabulation and interpretation of the contractors' proposals j. ❑ Prepare the necessary environmental documents in accordance with the procedures adopted by the DEPARTMENT's Bureau of Local Roads &Streets. k. ❑ Prepare the Project Development Report when required by the DEPARTMENT. (2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT, will be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the DEPARTMENT. (3) To attend conferences at any reasonable time when requested to do so by representatives of the LA or the Department. (4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or survey corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the Contractor. (5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer pursuant to this AGREEMENT will be made available, upon request, to the IA or the DEPARTMENT without cost and without restriction or limitations as to their use. (6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. The LA Agrees, 1. To pay the ENGINEER as compensation for all services performed as stipulated in paragraphs 1a,1c, 1d, 1g, 11, 2, 3, 5 and 6(as applicable) in accordance with one of the following methods indicated by a check mark: a. ❑ A sum of money equal to percent of the awarded contract cost of the proposed improvement as approved by the DEPARTMENT. b. ❑ A sum of money equal to the percent of the awarded contract cost for the proposed improvement as approved by the DEPARTMENT based on the following schedule: Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Percentage Fees Under $50,000 (see note) % Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum. c. ® A lump sum of money in the amount of$39,900.00. 2. To pay for services stipulated in paragraphs 1b, 1e, 1f, 1h, 1j & 1k of the ENGINEER AGREES at actual cost of performing such work plus 185 percent to cover profit, overhead and readiness to serve-4actual cost° being as material cost plus payrolls, insurance, social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA, the ENGINEER may sublet all or part of the services provided under the paragraph 1 b, 1 c, 1 d, 1 e, 1f, 1 h, 1j & 1 k. If the ENGINEER sublets all or part of this work, the LA will pay the cost to the ENGINEER plus a five (5) percent service charge. "Cost to Engineer"to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. If the personnel of the firm, including the Principal Engineer, perform routine services that should normally be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. Printed 4/1312090 Page 2 of 4 BLR 05510(Rev. 11/06) 3. That payments due the ENGINEER for services rendered in accordance with this AGREEMENT will be made as soon as practicable after the services have been performed in accordance with the following schedule: a. Upon completion of detailed plans, special provisions, proposals and estimate of cost-being the work required by paragraphs 1 a through 1 g under THE ENGINEER AGREES - to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee due under this AGREEMENT based on the approved estimate of cost. b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of the total fee due under the AGREEMENT based on the awarded contract cost, less any amounts paid under"a" above. By Mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time as the work progresses. 4. That, should the improvement be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1 a, through 1 h and prior to the completion of such services, the LA shall reimburse the ENGINEER for his actual costs plus 1 g5 percent incurred up to the time he is notified in writing of such abandonment"actual cost" being defined as in paragraph 2 of THE LA AGREES. 5. That, should the LA require changes in any of the detailed plans, specifications or estimates except for those required pursuant to paragraph 4 of THE ENGINEER AGREES, after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cost plus 1g5 percent to cover profit, overhead and readiness to serve"actual cost" being defined as in paragraph 2 of THE LA AGREES. It is understood that"changes" as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans and specifications. It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all surveys, permits, agreements, preliminary bridge design & hydraulic report, drawings, specifications, partial and completed estimates and data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability. Printed 4/13/2010 Page 3 of Bt_R 05510(Rev. 11106) IN WITNESS WHEREOF, the parties have caused the AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized officers. Executed by the LA: United City of Yorkville of the (M unici pality/Township/Cou n ty) ATTEST: State of Illinois, acting by and through its By Mayor and City Council Village Clerk By (Seal) Title Mayor Executed by the ENGINEER: Engineering Enterprises, Inc. 52 Wheeler Road ATTEST: Sugar Grove, IL 60554 By By Title S tary Title ce Pre Approved Date Department of Transportation Regional Engineer Printed 4/13/2010 Page 4 of 4 SLR 05510(Rev.11106) AGREEMENT FOR PROFESSIONAL DESIGN ENGINEERING SERVICES FOR THE ROUTE 47 OFF-SITE PARKING IMPROVEMENTS UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS This Agreement, made this day of Aril , 2010 by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation of the State of Illinois (hereinafter referred to as the "CITY") and Engineering Enterprises, Inc. of 52 Wheeler Road, Sugar Grove, Illinois, 60554 (hereinafter referred to as the "ENGINEER"). In consideration of the mutual covenants and agreements contained in this Agreement, the CITY and the ENGINEER agree, covenant and bind themselves as follows: 1. Services: The Engineer shall provide any and all necessary engineering services to prepare design engineering documents consisting of plans and specifications for the proposed Route 47 Off-Street Parking Improvements in accordance with the Illinois Department of Transportation guidelines. 2. Direction: The Mayor, or her written designee, shall act as the CITY'S representative with respect to the Services to be provided by the ENGINEER under this Agreement and shall transmit instructions and receive information with respect to the Consulting Engineering Services. 3. Compensation: The CITY agrees to pay the ENGINEER for providing the Services set forth herein a Fixed Fee amount of $39,900.00 for all Design Engineering Services. This Fixed Fee amount does not include the cost to coordinate any potential ordinance variances associated with the design. A detailed summary of the basis for the proposed fee is included within Attachment A, and it is based on the preliminary site layout provided to our office by the CITY. This preliminary site layout is included as Attachment B. Additional work beyond the scope of services defined within this contract shall be provided at the attached 2010 Standard Schedule of Charges rates. If, in the future, the CITY approves a revised Standard Schedule of Charges, then work conducted on or beyond the effective date of the new Standard Schedule of Charges shall be billed on the basis of the then effective Standard Schedule of Charges. The Design Engineering Services Fixed Fee amount assumes typical foundations will be used for the parking improvements. 4. Term: The ENGINEER will have a project initiation meeting with City Staff within 7 days of the execution of this Agreement. Thirty (30) days after such meeting, a progress meeting will be held to review the preliminary plan and analysis and present any known ordinance variance requirements associated with the preliminary plan. Following this meeting and approval from City Staff to proceed, we will submit the final engineering plans to Illinois Department of Transportation within 30 days of the progress meeting. 5. Payment: Engineer shall invoice the CITY on a monthly basis for Services performed and any costs and expenses incurred during the previous thirty (30) day period. The All GAPubIic\Yorkville120101YO1001 Rt.47 Off-Street Parking ImprovementsDoc%Engineedng Contracl%greement.doc payments will be made according to the Illinois State Prompt Payment Act, and the CITY shall pay the ENGINEER within thirty (30) days of receipt of said invoice. 6. Termination: This Agreement may be terminated upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation calculated as described in paragraph 3 for all costs incurred through the date of termination. 7. Documents: All related writings, notes, documents, information, files, etc., created, compiled, prepared and/or obtained by the ENGINEER on behalf of the CITY for the Services provided herein shall be used solely for the intended project. 8. Notices: All notices given pursuant to this Agreement shall be sent Certified Mail, postage prepaid, to the parties at the following addresses: The CITY: The ENGINEER: United City of Yorkville Engineering Enterprises, Inc. 800 Game Farm Road 52 Wheeler Road Yorkville, IL 60560 Sugar Grove, IL 60554 Attn: Mayor Valerie Burd Attn: Jeffrey W. Freeman, PE, CFM, LEED AP 9. Freedom of Information Act: ENGINEER acknowledges that the Freedom of Information Act, 5 ILCS 14011 et seq. (the "Act") places an obligation on the CITY to produce certain records that may be in the possession of ENGINEER. ENGINEER shall comply with the record retention and documentation requirements of the Local Records Retention Act 5 ILCS 16011 et seq. and the Act and shall maintain all records relating to this Agreement in compliance with the Local Records Retention Act and the Act (complying in all respects as if the Contractor was, in fact, the CITY). ENGINEER shall review its records promptly and produce to the CITY within two business days of contact from the CITY the required documents responsive to a request under the Act. If additional time is necessary to comply with the request, the ENGINEER may request the CITY to extend the time do so, and the CITY will, if time and a basis for extension under the Act permits, consider such extensions. 10. Waiver: The failure of either party hereto, at any time, to insist upon performance or observation of any term, covenant, agreement or condition contained herein shall not in any manner be constructed as a waiver of any right to enforce any term, covenant, agreement or condition hereto contained. 11. Amendment: No purported oral amendment, change or alteration hereto shall be allowed. Any amendment hereto shall be in writing by the governing body of the CITY and signed by the ENGINEER. 12. Succession: This Agreement shall ensure to the benefit of the parties hereto, their heirs, successors and assigns. GAPublifforkville120MY01 D01 Rt.47 Off-street Parking ImprovementsToclEngineering Contract\Agreement.doc IN WITNESS WHEREOF, we have hereunto signed our names the day and year first above written. UNITED CITY OF YORKVILLE: ENGINEERING ENTERPRISES, INC.: Ok�z%uayl / Ic I nt Mayor ` Y ATTEST: ATTEST: z City Clerk Senior Vice President GAPubI1c\Yorkvi11e120101YO1001 Rt.47 Off-Street Parking Improvements0oclEngineering GontracMgreement.doc ENGINEERING ENTERPRISES,INC, ATTACHMENT A i DATE. 4112f2010 CONSULTING ENGINEERS SUMMARY OF COMPENSATION FOR PROFESSIONAL ENGINEERING SERVICES I ENTERED BY MLP ROUTE 47 OFF-SITE PARKING IMPROVEMENTS UNITED CITY OF YORKVILLE,KENDALL CO.,IL E.IDD4EEUM CIiD SURVEYM AOMIN. WORK wow mca .loaon soma .awdi ITEM COST ITEM }kY112"L S10ML PIffi1m 00100CT PRbM= PROMWT MdOtl kofm PRDI=r PA Am IMAW7 PRDJWT AD". HOUR PER NO. Lmu d M@Ea YAM M NANLDFR I11904113MI EkM*t I MANAaO T9aW TTCIW. YAMADOI SUO[WMI 31RVEWa 1ECw7,1 Asir SUMM. REM DESIGN ENGINEERING SERVICES DESIGN ENGINEERING SERVICES 1 INhaiton I KICk-0 Men' -Intemel 1 2 ] 1 5 5654 2 Pmfod initiation(KirkaM Meetbw with City 2 4 6 $878 3 Conduct Frdd VnsA m Renew Silo Condlaons 2 2 2 1 1 6 3834 4 Prhrato and Public UMY Inforrrmtion C ftabn 3 Review 1 2 3 5372 5 GmUKty A In n' hon Coordinshan Field Worts Renew R 2 2 5234 6 AddaWW Topowupift Swv2y I 7 8 10 $1.191 7 Prelkr&wm SiteArtalyft and La Dee'n and Cost Esamate 12 4 12 32 53,980 IdengN baning Vationces Roqukad for Fvpiod 1 2 1 1 4 5555 9 PTogFmg M -Intenml 1 2 1 1 5 $654 10 PTogross Mealffm with City 2 4 0 5870 11 Prepare Final Site Plan 1 2 4 4 11 57,302 12 Coadrofti with Structural Egmmff 2 2 2 8 $TD9 13 Coodi nation wiih LomclwaM Conandlard 1 1 2 $210 14 Ccmd"oiahon of PMWmaW Plan 1 1 2 5218 15 CandrxA Field V*d to Renew Soo Carddnom in Conjuncilon with Furor E %c 2 2 2 6 5834 10 Prepm Final EraVmffkm Plano livatob Coal Est.-90% 2 8 32 32 74 $8.340 17 Renew Plana tio 'llosn Coat Est vd BO%- 2 4 B 1870 1B OWem ParrnWftrwft_ lHPA EaoCAT KendeO IDOT 2 6 S S97B 19 Perform OCA2A cd n Dwurnerds 4 4 3848 20 Pr Fb W E PMrg S hors Coat Esl•IDD% 2 2 4 a 3806 21 lieview Plain S rtallon C.1 EaL 14 -100% 2 4 6 $076 SUBTOTAL-DESIGN ENGINEERING SERVICES 212 526,106 DESIGN VARIANCE COORDINATION �27 0 so SUBTOTAL-DESIGN VARLANCECOORDINATION D SD Total. 26 0 53 64 0 0 56 0 1 B 0 0 0 212 $26,106 FEE Sc"MX AASOF0110f110 .- GIRECTCOSTS Senior Prom 4w E-4 0 houe 0 5171 per hour• 50 Sod Irwastiptbri 54.000 E-3 26 (nano a 5162 Ioe• 34.2t2 Landscaping Carmdlent 31 0t10 swam E-2 0 hmsa $160 omw• s0 SbuchaW Consultant f7 SOb E-1 5e 1lonas & $136 ow Hone• 37,728 PhotonneMo Plan ComAlont $l ODD, Sarla' E 11 P-0 0 tout 3126 por hwr. 50 I P•S 72 boon 5717 horn• 36!24 P•4 0 hour S10B Iwo• 3o TOTAL $13 0 &ffdm Eqpmw&uveyw P-3 a lees SW Dat hour- so E P-2 a lass a 300 per haw• 30 Assodge E P-i D ha Sal ro u • SO E 501MM• 120.1 SmbrPmj!gTvftdGm1I T-0 0 boas 5117 two• S0 Vartarrce Caore>iNllon swow Tadnlruan l T-S 0 ban 5106 how- so W Tadv.dan T4 S6 hoar $09 hoe+ 55.742 S~TerJ..o�r T-3 0 lwa $IIO hour* SO TarJescgn T-2 0 ham Sol }eya• 3o TOTAL LABOR E%PE- 106 s 7erhrdrlvr T-t D hdae 372 hwr• 30 Aay3fald A-3 D has. $7a per hour• So TOTAL CONTRACT CoST $39.906 HOURLY TOTAL• 212 TOTAL EEI LABOR w 526.106 a r ti MOM t 1 P � p. r^ "a s y 1 V _ y Intl , 11 J i _- Reviewed By: Agenda Item Number J= 4 ',. �,�% Legal ❑ � # EK.. 1836 Finance ❑ Engineer X Tracking Number City Administrator ❑ gnaw Consultant ❑ . �� ' ❑ <L E ��• Agenda Item Summary Memo Title: Route 47 Project— Resolution Regarding Overnight Construction Meeting and Date: June 15, 2010 Public Works Committee Synopsis: This resolution would allow overnight construction activity by IDOT for the Route 47 reconstruction project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: AA2proval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: J= �u o� Memorandum EST. 1636 To: Bart Olson, City Administra or } 0 ��l�� From: Joe Wywrot, City Engineer �1-- CC: Kathy Orr, City Attorney LE ��' Lisa Pickering, Deputy City Clerk Date: June 8, 2010 Subject: Route 47 Project—Resolution Regarding Overnight Construction Attached find a proposed resolution allowing night-time construction activity for IDOT's Route 47 construction project. This resolution sets conditions upon IDOT's night-time construction activities, and also waives existing city ordinances or resolutions that might limit IDOT's ability to efficiently perform such work. IDOT anticipates that the Route 47 project will take at least 2.5 years to construct. Their current projections indicate that traffic backups may be longer than one mile during peak hours. This level of roadway congestion will not only impact the motoring public, it will also negatively impact IDOT's contractors ability to efficiently coordinate trucking or make timely deliveries of material such as stone or concrete. To minimize these impacts, IDOT has requested that the city allow night-time construction at certain times and locations. Lane or side street closures associated with overnight work would not be put into effect until 8pm to allow the evening rush hour to dissipate, and would end by 6am the following morning. Residents in the immediate vicinity of the overnight work would be subject to construction noise and lighting during overnight hours. While this is undesirable, I believe that the improved daytime traffic flow and shortened construction tirneframe outweighs these negatives. Please place this item on the June 15, 2010 Public Works Committee agenda for consideration. Resolution No. 2010- RESOLUTION REGARDING NIGHT-TIME WORK FOR RECONSTRUCTION OF ILLINOIS ROUTE 47 WHEREAS, the Illinois Department of Transportation (hereinafter identified as "IDOT') has scheduled a roadway reconstruction project for Illinois Route 47 between Route 71 and Kennedy Road, identified as Contract No.66671 and currently scheduled to begin construction in 2011 and take over two years to complete; and, WHEREAS, said roadway project is expected to result in significant traffic delays during construction, and, WHEREAS, ]DOT has requested that the United City of Yorkville (hereinafter identified as the "City") agree to allow night-time construction to reduce the impact on traffic and expedite the overall construction process; and, WHEREAS, the City believes that it would be in the best interests of residents to approve the request of the Illinois Department of Transportation, and pennit night-time construction in order to alleviate significant traffic problems during peak travel hours. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 1. In addition to conventional daytime construction, roadway construction related to 1DOT Contract No.66671 shall also be allowed between the hours of$pm and 6am. It is understood that this night-time construction may include the closure of one lane of through traffic or the closure of one or more side streets, during which time traffic will be detoured by signage or directed by flaggers. Section 2. IDOT shall notify the Yorkville Police Department and residents within two blocks of said night-time work at least 24 hours before the work shall commence, and shall provide an estimate of how long the work shall last. Section . Any city ordinance or resolution dealing with working hours, noise, and/or lighting that may limit the efficiency and/or ability of IDOT to prosecute the night-time work is hereby waived for the duration of IDOT Contract No.66671 only. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2010. ROBYN SUTCLIFF GEORGE T. GILSON, JR. ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI MARTY MUNNS ROSE SPEARS WALLY WERDERICH APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2010. Mayor Attest: City Clerk Reviewed By: Agenda Item Number J 0 Legal ❑ (�� J ESK 1836 Finance ❑ Engineer ❑ 0� lol City Administrator Tracking Number O Police ❑ <L Human Resources ❑ Py!j ��, V w, Public Works ❑ City Council Agenda Item Summary Memo Title: Tree bank proposal City Council l Committee Agenda Date: Public Works—June 15, 2010 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N /A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: �_ _ Memorandum To: Public Works Committee EST. — 1836 From: Bart Olson, City Administrator p� �� � �� ` .0 Date: June 11, 2010 ,LE Subject: ��' Subject: Tree Bank Proposal Several residents have called to participate in the Parkway Tree Replacement Program over the past few weeks from subdivisions in which the City has not accepted infrastructure. We have denied the residents from participating in these areas because parkway trees are considered public improvements and therefore part of the developer's responsibility in building the subdivision. In these cases, we inform the resident of that information and tell them that their particular tree will be added to the developer's punchlist for infrastructure completion. in most cases, the resident is happy with this response, but in some cases they have argued they should be able to replace the dead tree anyway. A solution to this situation is to change our subdivision improvement code to allow the City staff to allow the residents to participate in the Parkway Tree Program and further to allow us to require the developer to donate money or a tree to a tree bank to be used in other public areas in the City. This concept would be similar to the trail bank that is being proposed on tonight's agenda. One potential hurdle to the enactment of a tree bank is subdivision ordinance locks. Most of the subdivisions of the City have an ordinance lock that only allows those ordinances and regulations in place at time of annexation agreement approval to be applied to the property for a number of years. The tree bank proposal would not be effective on those subdivisions unless consented to by the developer. While I have not spoken with any developers on whether they would consent to it, I am optimistic they will agree to it since likely result in a cost savings to them (because they would not have to have their contractors rip out the old tree and purchase a new one), Cj)- Reviewed By: Agenda Item Number J� s O Legal ❑ �y Finance L1 EST. 1836 Engineer ❑ 4 � Tracking Number 0 City Administrator ■ b d `�O Police ❑ 7 SCE 'V� Human Resources El Public Works ❑ City Council Agenda Item Summary Memo Title: Intergovernmental agreement with Kendall County for salt storage City Council 1 Committee Agenda Date: Public Works—June 15, 2010 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N 1 A Action Taken: Item Number: Type of Vote Required: N /A Council Action Requested: Discussion and direction Submitted by: Bart Olson Administration Nance Department Agenda Item Notes: co C1'*y Memorandum EST. 1636 To: Public Works Committee From: Bart Olson, City Administrator � � ��' 1`� ~ Date: June 11, 2010 Subject: Intergovernmental Agreement for Rock Salt Storage LE Attached is an intergovernmental agreement that Kendall County has submitted to us and other municipalities and townships. Kendall County is in the middle of building a large salt storage facility and will have room to allow other organizations to store salt at their facility. In return for use, they are asking for$1 5,000 for the next three years and then $45 per ton per year thereafter. While this would allow us to store close to an entire year's worth of salt in one location, and would allow us to stockpile salt at the end of the winter season (when it is discounted), at this time I do not feel we have enough money in the budget to commit to the yearly price. Staff wanted to make the committee aware of the request and the potential benefits should the budget improve or should this be considered a high priority by Council. AN INTERGOVERNMENTAL AGREEMENT BETWEEN KENDALL COUNTY AND CITY OF YORKVILLE CONCERNING THE STORAGE OF BULK ROCK SALT This Agreement is made and entered into this day of 20 , by and between THE COUNTY OF KENDALL, and CITY OF YORKVILLE, a municipal corporation. WHEREAS, THE COUNTY OF KENDALL and CITY OF YORKVILLE are public agencies as contemplated by the Intergovernmental Cooperation Act (5 ILLS 22011 et seq.); and WHEREAS, THE COUNTY OF KENDALL is constructing a facility located at 6780 Route 47, Yorkville. IL (hereinafter"the Facility') designed to accommodate the storage of bulk rock salt for highway application; and WHEREAS. CITY OF YORKVILLE is desirous of utilizing the Facility for the purposes of storing rock salt; and WHEREAS, THE COUNTY OF KENDALL and CITY OF YORKVILLE are authorized to enter into this Agreement by Article VII, Section 10 of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act (5 ILLS 220/1 et seq.). NOW, THEREFORE, in consideration of the mutual promises, terms and conditions set forth herein and in the spirit of intergovernmental cooperation, the parties agree as follows: 1. The above recitals are incorporated herein by reference and fully made a part of this Agreement. 2. CITY OF YORKVILLE shall be allowed to store up to 1000 tons of bulk rock salt at the Facility beginning November 1, 2010 and thereafter. 3. CITY OF YORKVILLE shall pay to KENDALL COUNTY a non-refundable fee of$45,000 for the purpose of storing 1,000 tons of bulk rock salt; payable in 3 equal installments, with the first S 15,000 due on or before October 31, 2011 and the remaining 2 installments due in successive years on or before October 31, 2012 and October 31, 2013. 4. Nothing shall prevent the CITY OF YORKVILLE and KENDALL COUNTY from entering into future agreements to increase the tonnage of bulk rock salt stored at the Facility by CITY OF YORKVILLE. KENDALL COUNTY agrees that the price for future storage will remain at $45/ton for the life of this Agreement. 5. CITY OF YORKVILLE shall additionally pay an annual maintenance fee of$250 to THE COUNTY OF KENDALL, payable on or before January 1st of each and every year this Agreement is in full force and effect. 6. CITY OF YORKVILLE shall retain ownership of all bulk rock salt that they store at the Facility as long as this Agreement is in full force and effect. 7. THE COUNTY OF KENDALL shall provide an accurate accounting of all bulk rock salt stored at the Facility and shall provide each agency storing salt with an annual report detailing all deliveries and pickups made by each agency during each calendar year. Said repot shall be delivered to CITY OF YORKVILLE within 30 days after the end of each calendar year. 8. Only untreated bulk rock salt shall be stored at the Facility. The Kendall County Engineer shall detennine the definition of"untreated" and reserves the right to refuse storage at the Facility of any rock salt deemed to be not fit or suitable for storage in the Facility at the sole discretion of the Kendall County Engineer. 9. Bulk rock salt may be picked up or delivered during regular business hours from 7:30 AM to 4:00 PM or at any other time approved by the Kendall County Highway Department. 10. This Agreement may be terminated at any time by mutual agreement of both parties. All fees paid by CITY OF YORKVILLE to THE COUNTY OF KENDALL under the terms of this Agreement shall be nonrefundable. 11. Bulk rock salt that is owned and stored by CITY OF YORKVILLE at this facility shall be removed within 30 business days after termination of this Agreement. Salt that remains after this 30 day period shall be deemed abandoned and shall become the property of THE COUNTY OF KENDALL. 12. Tile party signing this Agreement on behalf of CITY OF YORKVILLE represents and wan-ants to THE COUNTY OF KENDALL that they have the authority to enter into and execute this agreement by and on behalf of CITY OF YORKVILLE. 13. CITY OF YORKVILLE agrees it will defend, indemnify and hold harmless THE COUNTY OF KENDALL. it's Departments. officers and employees against any and all liability, loss. costs, damages and expenses (including attorney's fees) which the COUNTY OF KENDALL. it's Departments, officers or employees may hereafter sustain, incur. or be required to pay arising out of CITY OF YORKVILLE, its employees or agents actions arising under this Agreement. 14, This Agreement may not be assigned or transferred to any other party without the express written consent of THE COUNTY OF KENDALL. 15. This Agreement represents the entire agreement between the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties and may not be amended or modified except with the written consent of both parties. 16. Pursuant to 55 ILLS 5i5-1049.2 this Agreement shall run for a period of 99 years from the date of last signature below. Valerie Burd Date Mayor-of Yorkville Anne Vickery Date Kendall County Board Chair 1, Debbie Gillette, County Clerk in and for Kendall County, in the State of Illinois, and keeper of the records and files thereof, as provided by statute, do hereby certify the foregoing to be a true, perfect and complete copy of an Intergovernmental Agreement approved by the Kendall County Board, at its regularly scheduled meeting in Yorkville, Illinois, on the day of A.D. 20 I Q. Debbie Gillette—County Clerk (Seal) C/ry Reviewed By: Agenda Item Number J� .+ Legal ❑ I\4 t Via.vj EST. 1836 Finance ❑ Engineer ❑ W City Administrator Tracking Number 'A �m O Consultant ❑ �• El Agenda Item Summary Memo Title: Proposed revisions to the nuisance ordinance (weeds and grass) Meeting and Date: PW committee June 15, 2010 Synopsis: Proposed changes to the grass and weed portion of the nuisance ordinance Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: positive Council Action Requested: approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: clp Memorandum To: Bart Olson, Administrator EST. , = 9835 From: Eric Dhuse, Director of Public Works fxin 10 CC: Paul Zabel, Code Official Date: June 7, 2010 ;P ���yy�=� Subject: revision to nuisance ordinance LE Bart, While working with Paul Zabel this spring, we would like to propose some changes to the current nuisance ordinance regarding certain weeds and grasses. These proposed changes are being brought forward in an effort to work with lot/home/business owners to gain compliance and a long term solution to this chronic problem. Section 4-1-5 Nuisances and offensive conditions, generally 7. Certain weeds, grasses, plants or vegetables: Any weeds, grass, plant or vegetable matter, other than trees, bushes, flowers, vegetable gardens or other ornamental plants to grow to a height exceeding eight inches (8") where a structure is present on the lot or tract of land. 8. Certain weeds, grasses, plants or vegetables: Any weeds, grass, plant or vegetable matter, other than trees, bushed, flowers, vegetable gardens or other ornamental plants to grow to a height exceeding twelve inches (12") where the lot or tract of land has no structure(s). C. Allowable exceptions 1. Farming shall be allowed to continue on lot(s) or tracts of land where there has been an established history of cultivation of the land for a period of one (1) year. 2. Stabilization and re-vegetation of lot(s) or tract(s) of land. In an effort to promote erosion control, water conservation, and minimize the occurrence of unwanted weeds and other plant species all of the following rules/criteria shall apply: A. The lot(s) or tract(s) of land shall he made weed free by disking, roto tilling, chemicals or other- methods approved by the City. B. The lot(s) or tract(s) shall be planted with the following seed mix: Percentage Lbs of seed for typical city lot Annual Rye — 30% 12 Perennial Rye— 30% 12 Tall Fescue— 20% 8 Timothy— 10% 4 Aliske Clover — 5% 2 Alfalfa— 5% 2 C. All lot(s) or tract(s) of land planted with this mixture shall be mowed and maintained a minimum of three (3) times per year. First mowing- Before June 1" Second mowing -No earlier than September I", but no later than September 15"' Third mowing- Before October 31" Any deviation from this schedule will result in a violation of this ordinance. The benefits of the proposed stabilization and ire-vegetation are: 1. A solid long term plan in place which will benefit both owners and the City. 2. Greatly assists in erosion control of vacant land 3. Promotes a quality green philosophy 4. Greatly reduces work load on both owners and the City. 5. Possible income for larger tracts of land 6. Owners will have to clean up lots to prepare the soil for planting Drawbacks of the proposed stabilization and re-vegetation are: 1. not all owners will choose this option 2. Is not an instant fix. This is a long term plan and the plants take time to establish 3. Not mowed as often 4. Specified species are taller than the 8" height that is currently mandated. Average heights of proposed plants are 12"-36"tall. 5. Some adjacent property owners may object to taller plants 1 would ask that this be placed on the Public Works agenda for June 15, 2010 for discussion. If you have any questions or need further information, please let me know. C/Tr Reviewed By: Agenda Item Number 4 0� Legal ❑ Finance 11 ssr. _ taas Engineer ❑ Tracking Number 110 � � City Administrator ■ O Consultant ❑ J Y� SCE Agenda Item Summary Memo Title: Proposed water ordinance revision Meeting and Date: PW committee June 15, 2010 Synopsis: Revisions to existing water ordinance Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Positive Council Action Requested: Approval of revisions Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: 7-5-1 7-5-2 7-5-1: Water Department A. Supervision: The water department of the city shall be under the active supervision of the Director of Public Works who shall report to the city council. Said Director of Public Works shall make a written report to the city council of all his acts and doings whenever requested by the council and such reports shall be placed on file with the city clerk and shall show the kind and attending the work. He shall also keep a correct map of all water locations and connections, hydrants and cutoffs; and shall keep just, and other accounts shall be delivered to his successor or the city council at any time,upon request. B. Salaries and Wages: t Formatted:Left Formatted:Indent:Left: 0.7" 3 1 Formatted:Highlight 1-2. Department Employees: The Mayor Difeete~of Publ.,, nv,,&S shall have the authority to hire and fire all other employees necessary for the propel- operation and management of the watenyorks. All department hires shall be authorized by the City Council through the budget process. C. Audit of Department: The city council shall cause a proper audit to be made at- `Formatted:Indent:Left: 0",ganging: 0.7" least once each year of the water department. The report of such audit shall be open for inspection at all proper times to any taxpayer, water user or any holder of bonds issued by the water department. (Ord. 1974-69, 10-24-1974) 7-5-2: APPLICATIONS FOR WATER SERVICE AND CONNECTIONS: All applications for water service connections and for water service shall be made in writing to the building department net on forms to be furnished by the city. No approval for water service connection shall be granted unless and until said form are filled out and signed by the applicant and until all fees for connection and meter are submitted. (Ord. 1974-69, 10-24-1974) 7-5-3: WATER SERVICE CONNECTIONS AND INSTALLATIONS: A. Location of Connections and Installations; Charge: All connections and installations of water service shall, upon application, be made form the existing main upon applicant's street to the street to the street side of applicant's sidewalk or to a point four feel (4') within the curb line, whichever point the Director of Public Works shall so elect. Said connections and installations shall be made only by authorized employees of the city I r approved contractors and only after payment by the user or property owner at commeot(L11a Delete the time of application for water to the city treasurer or collector of a connection fee as outlined below: (Ord. 1982-9,3-25-1982; amd. 1994 Code) RESIDENTIAL CONNECTIONS AND INSTALLATIONS Residence Type Projected PE Per Residence Connection Fee Based on $1,057.001PE Efficiency or studio 1.00 $1,057.00 apartment 1 bedroom 1.50 1,586.00 apartment/condominium 2 plus bedroom apartment/ 3.00 3,171.00 Condominium 1 bedroom town home 1.50 1,586.00 2 plus bedroom townhome 3.00 3,171.00 Duplex home 3.50 3,700.00 Single-family home 3.50 3,700.00 NONRESIDENTIAL CONNECTION FEES Water Meter Size Water Connection Fee Less than or equal to 1 inch $3,700.00 1 '/x inch 4,000.00 2 inch 5,000.00 3 inch 8,000.00 Water Meter Size Water Connection Fee 4 inch 515,000.00 6 inch and larger TBD Notes: Nonresidential land use shall be considered all land uses other than those defined in the residential connection fees table. TBD=Connection fee to be determined by city council on a case-by-case basis. (ORD.2006-32,4-25-2006) B. Materials,Equipment and Labor: 1. If the Director of Public Works so desires,he may request the applicant to Furnish materials, equipment and labor to install the service connection.- Formatted:Indent:Left: 0.7^ Where such a request is made, the materials used shall be approved by the Director of Public Works and the installer shall be bonded, qualified and approved by the Director of Public Works before installation. If the Director of Public Works provides any materials, equipment and labor to install the service connection, the cost of such equipment, materials and labor for the installation of such connections shall be in addition to the above charges. 2. The installation of the service connection by applicants shall be allowed Formatted:Indent:Left: 0.7^ —� only where connection will be made to the new water mains that are not yet in service. Water connection is made to existing city owned water mains, the installation of the service connection shall be made by-;the DiFeeter ofPublie "tee an authorized employee of the city- approved by the Director of Public Works C. Construction Specifications: All service connections and installations shall be- 'Formatted:Indent:—Left: O",Hanging: GY I provided with corporation cock, curb stopcock, shutoff and curb box of a standard and approved type, and shall be subject to approval by the Director of Public Works. All materials,including pipe,stopcock and valves shall be of a standard and approved type and placed and located under the direction of the Director of Public Works. _ (ORD. 1982-9,3-25-1982;amd. 1994 Code) {Formatted:Indent:First line: 0.7" 7-5-4: WATER METERS: All furnished consumers shall be metered,and all meters shall be of a standard and approved make,and shall be furnished by the city and set by an authorized employee of the City or the-wateidepa ent a licensed Illinois plumber. Meters shall remain the property of the city and are subject to removal any time. (Ord. 1974-69, 1024-1974) 7-5-4-1: METER COSTS: The costs involved in furnishing and installing the meter shall be borne by the applicant. Ge9ts to be r-eimbursed to the elty shall inelude the ! eta mmete—Feaders, valves, eheek valyet mew setting—ha.4wflfe—and-lrabeF. The hafges—shall—yb��e—aetual—ees�t fef rrtlalerials and labor- inelig€�ge benefits,b4 exe'ludi g any fees fop everhead, PFO tt OF Similar maftjHa•!-ee:•t. (0M 1974 69 10 24 -1.474) All meter costs must be paid at issuance of building permit. 7-5-4-2: METER LOCATIONS: The owners must provide suitable locations in piping systems for same and meters shall be placed on service pipe not to exceed two feet(2') from the wall where such of the meter,a shutoff valve on the outlet side of the meter,and a suitable check valve on the outlet side of the meter. There shall be provided a suitable place for the meter so as to keep it dry and clean,and readily accessible at all times to the meter reader and inspector of the water department. (Ord. 1974-69, 10-24-1974) 7-5-4-3: Meter Wire Conduit: The owner must provide a rigid conduit with a minimum inside diameter of 1/2"from the meter to a location on the outside of the structure near the gas meter. 7-5A-4 Exception by the board, such owner shall be deemed to have an exception to same extent from subsection 7-5A-3A of this arcticle. C. If, pursuant to section 14.2(c) of the act, the owner or a new potential primary source(other than land filling or land treating)is granted an exception by the board,such owner shall be deemed to have an exception to the same extent from subsection 7-5A-3B of this article. D. If, pursuant to section 14.5 of the act, the owner or a new potential primary source, new potential secondary source, or new potential route is issued a certificate of minimal hazard by the agency, such owner shall not be subject to section 14.2(4) of the act.(Ord.2001-6,2-22-2001) 7-5A-5: EXCLUSION: Subsection 7-5A-3A of this article shall not apply to new common sources of sanitary pollution as specified pursuant to section 17 of the act and the regulations adopted thereunder by the agency, however, no common sources may be located within the minimum distance from a community water supply well specified by such regulations. (Ord 2001-6,2-22-2001) 7-5A-6: APPENDIX A,MINIMUM AND MAXIMUM SETBACK ZONE MAP AND DESCRIPTION: Illustration of the proposed minimum and maximum zone ordinance area: 7-5-3 7-5-3: WATER SERVICE CONNECTIONS AND INSTALLATIONS: 7-5-3 2. The installation of the service connection by applicants shall be allowed only where connection will be made to the new water mains that are not yet in service. Where connection is made to existing City-owned water mains, the installation of the service connection shall be made by the Director of Public Works or an authorized employee of the City. C. Construction Specifications: All service connections and installations shall be provided with corporation cock. curb-stop cock, shutoff and curb box of a standard and approved type, and shall be subject to approval by the Director of Public Works. All materials, including pipe, stop cock and valves shall be of a standard and approved type and placed and located under the direction of the Director of Public Works. (Ord. 1982- 9,3-25-82, 1994 Code) 7-5-4: WATER METERS: All water furnished consumers shall be metered, and all meters shall be of a standard and approved make, and shall be furnished by the City and set by the Water Department. Meters shall remain the property of the City and are subject to removal any time. (Ord. 1974-69, 10-24-74) 7-54-1: METER COSTS: The costs involved in furnishing and installing the meter shall be borne by the applicant. Costs to be reimbursed to the City shall include the meter, remote readers, valves, check-valves, meter setting hardware and labor. The charges shall be actual cost for materials and labor including fringe benefits, but excluding any fees for overhead, profit or similar marginal cost. (Ord. 1974-69, 10-24- 74) 7-5-4-2: METER LOCATIONS: The owners must provide suitable locations in piping systems for same and meters shall be placed on service pipe not to exceed tow feet (2') from the wall where such pipe enters the premises. There shall be a stop and waste on the inlet side of the meter, a shut-off valve on the outlet side of the meter, and a suitable check valve on the outlet side of the meter. There shall be provided a suitable place for the meter so as to keep it dry and clean, and readily accessible at all time to the meter reader and inspector of the Water Department.(Ord. 1974-69, 10-24-74) 7-5-4-3: 7-5-4-3: SIZE OF METERS: A. The size of meter required for any metered water supply shall be governed by the size and character of the premises served or to be served as follows: Description of Premises Size of Meter Residences,not over 12 rooms 518 inch 1 inchQT-� fiat B. Size of meters for large buildings, apartments or other multi family dwelliDrg WS shall be designated by the Director of Public Works at the time of application for water supply. The size of meters so specified shall be subject to change from time to time thereafter as demand or other condition may require. C. The right is reserved to require an increase in the size of meter in any case where, in the discretion of the City, the use of water exceeds the capacity of the meter. (Ord. 1974-69, 1024-74) 7-5-44: MAINTENANCE AND REPAIR: Owners or occupants shall be responsible for the care and protection of a meter, but the same shall be subject to inspection and test at any reasonable time by the Water Department, however, meters may be repaired by the city or its' agents Gity Gowneil-at no cost to the owner and no one shall interfere with the registration of or break a seal on any meter; providing, however, that the Director of Public Works may grant permission to break a seal for draining pipe or stopping leaks. (Ord. 1974-69, 1024-74; 1994 Code) 7-5-4-5: METER TESTING: A. Test May be Made: In case of doubt as to the accuracy of a meter, the consumer may complain and tests may be made by the Director of Public Works and if the meter is found to measure more than four percent(4%)incorrectly,no charge shall be made; and if an over-register of more than four percent (4%) is found, a proportional deduction shall be made from the previous water bill. If said meter registers within four percent(4%)of accuracy,then all expense of testing shall be borne by the person making the 7-5-4-5 Complaint. (Ord. 1974-69, 10-24-74, amd. Ord. 1983-15, 9-22-83; 1994 Code) B. Entry Powers: The Director of Public Works or his designated employees in the City Water Department, shall be allowed access to the residences of all City water users for the purposes of checking the accuracy of the water meter located in the home when the home is equipped with a remote water meter indicator on the outside of the residence at all reasonable times. (Ord. 1984-1,3-22-84) 7-5-4-6: READING METERS: The Director of Public Works shall determine the amount of water usage by each individual customer of the City pursuant to any of the following three (3) methods to be selected by him in his absolute and sole discretion: A. An actual meter reading done by employees of the City Water Department on a quaFtefly b i-monthly basis,but no less than one time a year;or I-1t=. An estimated reading based on customer's usage during the pefiodam being estimated from the last one year of the customer's usage. In the event any specific customer has less than a one-year history of water usage with the City,said estimate shall be based on the most recently ascertainable data on individual usage available to the Director of Public Works. In no event shall estimated water billings be made for more than three(3)calendar quarters in any one year. (Ord. 1984-1,3-22-84) 7-5-4-7: SERVICE TO MORE THAN ONE CUSTOMER THROUGH SINGLE METER: If, at the request of and for the convenience of the owner of a premises containing more than one customer,water is furnished to said premises through a single meter for the u nose of redistribution to the several customers, the charges set forth meter shall be multiplied by the number of customers served and the product there from shall be the water service connection charge. (Ord. 1974-69, 10-24-74; 1994 Code) this is the section that we need to work on the most. With the changes in the construction industry, this section needs to be expanded to account for these changes. Please call me so I can try to describe what we need to do. 7-5-5 7-5-5: WATER SERVICE RATES;BILLING PROCEDURES: 7-5-5-1: WATER SERVICE RATES AND CHARGES: A. Rates Established: The water rate charges for water usage in the City shall be increased according to the following schedule: 1. Beginning November 1, 1995, the water rates for the water use in the City shall be as follows: Minimum of$9.82 up to 350 cubic feet of water used $1.79 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet $1.71 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $1.63 per 100 cubic feet used over 2,700 cubic feet 2.Beginning November 1, 1996, the following rates shall apply: Minimum of$10.31 up to 350 cubic feet of water used $1.87 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $1.75 per 100 cubic feet used 2,700 cubic feet 3. Beginning November 1, 1997,the following rates shall apply: Minimum of$10.82 up to 350 cubic feet used $1.97 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet used $1.93 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $1.89 per 100 cubic feet used over 2,700 cubic feet 7-5-5-1 4. Beginning on November 1, 1998,the following rates shall apply: Minimum of$11.36 for the first 350 cubic feet used $2.07 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet S2.05 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $2.03 per 100 cubic feet used over 2,700 cubic feet 5. Beginning on November 1, 1999,the following rates shall apply: Minimum of$11.93 for the first 350 cubic feet used $2.17 for every 100 cubic feet used over 350 cubic feet 6. In determining the quantity used for billing purposes, 100 cubic feet shall Include any fractional amount of 100 cubic feet. 7. All previous water rate charging schedules are hereby expressly repealed and of no effect. 8. In all other respects those City ordinances affecting connection charges, Service charges, outside City limit charges, usage estimates and all other ordinances affecting City water or sewer services shall remain in full force and effect. (Ord. 1995-27, 1026-1995) B. More Than One Customer Through A Single Meter: After the effective date h hereof,each residential housing unit will be charged as outlined in this Section, regardless of the number of housing units that are served through a single Meter.(Ord. 1982-9,3-25-1982, 1994 Code) C. Users Outside City Limits: 1. Water Rates: For all water consumption and water services rendered Beyond the city limits for which each service shall be by meter registration Charges shall now be at the normal in-city water rates and no further double charge shall be made. -2. Water hine an Plant Maintenanee Fee: Fr-efn januar-y 1. 1984,water lifie and plant mai ntenance fee shall be ehafged at , 7-5-5-1 The Fa4e ef ten do!!aF:s(S 10.00)pff ealeadar quaAer te he paid with eae Maintaining and !r delivery system fiet within it%hbeun.ddawi�_.;. (94 4993 4;, 12 15 1983) D. Temporary Water Use; Umnetefed Raies� :Fh@ AOi Fat@ f0F Watff sevAees supplied en a tempemfy basis witheto meieN shall be as fellow,,-. OUtdOeF She%'S,ineluding eafnivals,eiFeUSeS and wild west shews,peF da5...................................... i Q&.4)0 Filling 6"tdleef S- i . —I . ................................... ;5.00 (104 1992 9,3 25 1982 E. PFA'ate Sprifildef and FiFe PFeteetien Systems: The fellem-ing Fates and ehaFg@'i Shall &PPlY t6 Hil Spr-ifikiff a*d fife pFeteetien ;@Fviees eafifleeted wit-h the Watff fROiRS Okh@ City: 1. Effifildef SyStLfffl!ieF*iee-- Fef eaeh eenneetien seFying 500 spfinkler heads of less, sefni annually..............................................................$12.90 Fer-eaeh additione!sipr-ifilder-head on any eenn -i . evef 500 heads,sefRi annually..........................................0.0 1 9 eaek -2. Fife pfeteetien seniee� F-Of eaeh fiFe hydfaffi leeated en pfivat prepeAy,sefni annually.................................................5.00 Fer-eeeh wet hese eenneefien a pfepeFty,sefAi anRually................................................W* Temporary Water use will be allowed on a case-by-case basis. as determined by the Director of Public Works, All temporary water use shall be metered with no exceptions. The following deposits and rates will be charged for temporary water meters. TemparsFy waleF use will N04: be allowed-foF landseaping OF irf4gR6@,9 pur-pe.ws, Size of Meter Deposit Amount 5/8" $250.00 Y $800.00 Temporary water use will NOT be allowed for irrigation or landscaping. All temporary metered water will be billed at the rate of 50,01 per gallon. E. Btilk Water Usage Sprinkler and fire protection service rates and charges shall not be subject to any discount. Such rates and charges shall be considered as payment only for such water as may be necessary to use in making the usual and ordinary tests of such systems under the underwriter's rules,or for actual fires. Sprinkler and fire protection service shall not be required to be metered unless it shall be found that water is used from same for purposes other than for the usual tests or for firefighting, in which case the City is empowered to require the installation of a meter. (Ord. 1974-69, 10-24-1974) 7-5-5-2: 7-5-5-2: BILLS FOR SERVICE; DELINQENCIES: A. Rendition of Bills;Payments: Bills for water furnished shall be mailed on or about the last day of February,April,June,August,October and December. All bills and charges for water rents and other services are payable at the office of the City Treasurer or Collector. (Ord. 1982-9,3-25-82) ye and all will.,and eh s fef watief_ nts and ellie.Se 0 o nwr- Formatted:Indent:First line: 0.7" B. Delinquent Bills: All charges for water shall be due and payable on rendition by mail of a notice of amount to the owner or tenant and shall become delinquent at the expiration of thirty(30)days from said date of mailing,and for the purpose of enforcing the lien as provided by statute,the fortieth day following the first day of the respective quarter is hereby fixed as a delinquency date.(Ord. 1982-9.3-25-82; 1994 C. Shut Off of Water for Nonpayment;Turn-On Fee:Ten(10)days after a bill shall become delinquent,the water may be shut off from the premises, and shall not be turned on until all back rentals and charges are paid;in full, tagethe withincluding a twenty five dollars($f 25.00)fee for turning on the water when ;Comment[L2]:Ssu-na service is located within the City limits;said fee shall be ten dollars($10.00) i Formatted:Indent:Left; o.7- plus all back rentals and charges when service is located beyond the City limits, Any payments received after 3:30 P.M.will not be credited until the next business day. 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($25.40)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. 1982-9,3-25-82) Comment[L3]: Dcl%cagireseclion 7-5-5-3: RESPONSIBILITY OF WATER SERVICE CUSTOMER,DEPOSIT: Water service accounts and charges shall be kept in the name of the owner of the property served,except as to property owned by the State of Illinois. Only such owner shall be recognized as the consumer,except where the tenant makes and maintains a deposit of an amount of money with the City Treasurer equal to the estimated water bills for the premises to be served to guarantee payment for water service,but in no case shall such deposit be less than twenty five dollars($25.00). The deposit shall accompany the application for service. Where no deposits are made or where the deposit is not maintained, the owner of the premises served shall be held responsible for the payment of I Formatted:Indent:Left: 0°,Hanging: 0.7" w all water rentals and al I other proper changes in connection with water services to said premises. Such payments shall be accepted from tenants if tendered by them,but accepting payments from tenants shall not subsequently relieve the owner of the premises from the respensibilt+tyresponsibi lity of paying water rentals or other service charges when due or relieve the real estate form the lien hereinbefore provided. Any deposit made upon application for service shall be returned to consumer upon termination of service. (Ord 1974-69, 10-24-74) paying water rentals ef ethei:riffyiee ehaf:ges when due of:Felieve the real estaie fbfrA the lien her-einbefeFe pFevided' Any deposit made upeft appiieEktiefi fef sef40iee shall be retsrned to eensufaer epert termination of ser-viee. rnrd 1974 Go 10 2 7-5-6: WATERWORKS REVENUE: A. Duties of City Treasurer: 1. Monies to: All money due the Water Department from all purposes and sources,including the collection of water rents or rates,shall be paid to the city Treasurer or City Collector. If the same shall be paid to the City Collector,he shall in turn forward the same to the City Treasurer. 2. Custodian of Funds: The City Treasurer shall be custodian of the funds derived from income received from the waterworks system,and shall give proper bond for the faithful discharge of his duties. The Treasurer shall maintain separate accounts in which shall be placed the interest and sinking fund monies and another account in which shall be placed the depreciation funds and all other funds necessary to provide for refunding outstanding certificates or bonds payable out of water revenue. B. Water Fund: All revenue derived from the sale of water as herein provided shall be kept separate and apart by the City Treasurer from the other revenue of the City. Said money shall be known as the Water Fund an shall be used exclusively for waterworks purposes,that is,for the maintenance,extension, improvement and operation of said waterworks,the retirement of waterworks bonds and certificates,and under no circumstances shall this revenue be diverted to any other purpose. (Ord. 1974-69, 10-24-74) C. Water Surplus Account and Water bond Redemption Account: The City Council deems that in its best interest and required pursuant to the terms of an ordinance passed on May 8,1969.authorizing the issuance of revenue bonds for the purpose of improving its water system to create two(2)accounts,one designated as a surplus account in which any surplus monies remaining after payment of 7-5-6 those monies required to be paid into special accounts created under section 8,subparagraphs(a)through(d)of said ordinance of May 8, 1969,and said account shall be designated as a surplus account and bond redemption account upon the following terms and conditions: .1. Surplus Account: A surplus account shall hereby be established pursuant to the terms of the City ordinance passed May 8.1969, providing that all monies remaining in the Water Fund of the City established by said ordinance after all previously described payments shall be placed into the surplus account at the close of each billing quarter. At the end of each fiscal year,a sum of not less than fifty percent(50%)of the amount paid into said surplus account shall be transferred to a bond redemption account created hereafter. The remaining balance contained in said surplus account may be used for the improvement,extension or maintenance of the City water system. 2. Bond Redemption Account: The City hereby creates a bond redemption account which shall be established at the close of the next fiscal year occurring upon the effective date hereof. Fifty percent(50%)of those monies transferred at the close of each fiscal year from the surplus account of the Water Fund of the City shall be placed in said bond redemption account so as to provide funds with which to retire water bond obligations of the City. (Ord. 1985-16, 1024-85) Comment[1.4]:Are thew still rxe&t! 7-5-7: CHANGE OF RESIDENCE BY WATER SERVICE CUSTOMERS: No person,either owner or tenant,who,in changing his residence from one location to any other location served by the Water Department,shall be given water service until any and all delinquent water rentals which are charged against him at his former place of residence shall have been paid in full,and no water at the new location shall be turned on and,if so,the same shall be turned off until settlement of such delinquent water rental at the former location is made. A charge of twenty-five dollars(F$25.00)for turning on water and renewing service shall be inade, in addition to the payment of the delinquent water rental or charges. (Ord. 1974-69. 10-24-74) 7-5-8 7-5-8: WATER SHUT-OFFS AND TURN-ONS: 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, 10-24-74) B. Requests for Water Shut-Off and Turn-On: 1. Water Shut-Off: Owners or consumers desiring to discontinue the use of water shall give notice thereof,in writing,to the SupefintendentI ire ct€i 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 twenty five dollars ($25.00),'shall be trade and collected before turning on water and renewing :Comment[L5]:Woo Also Mme bjgM]gWCd service. Wtion T14-B.10 VxtiaU 4.;-5,2:SILLS FOR SERVICE;DELINQUENCIES 2. Water Turn-On: In turning on water,the City Council or the Water `Comment[1.61: 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, 1-24-74, 1994 Code) 7-5-9: PROHIBITED ACTS AND CONDITIONS: A. Electrical Grounding to Water System: No part of any water service, including the portion owned or used by any user of water,shall be used as a ground for a radio,telephone and other electrical system or appliance. B. Unnecessary Waste of Water: Consumers shall prevent unnecessary waste of water and keep all water outlets closed when not in actual use. If unnecessary waste of water takes place, the City Council reserves the right to cut off the supply,and the City further reserves the right to prohibit the use of water for yard sprinklers,elevators and large consumers of water when,in the judgment of the Council,it shall be necessary to do so. (Ord. 1974-69, 10-24-74) 7-5-9 C. Use of Ground Water Prohibited: 1. Prohibited: The use or attempt to use as a potable water supply ground water from within the corporate limits of the United City of Yorkville by the installation or drilling of wells or by any other method is hereby prohibited within the properties described in ordinances passed by city council. 2. Penalties: Any person violating the provisions of this subsection C shall be subject to penalties as provided in section 1-4-1 of this code. 3. Definitions: PERSON: Any individual,partnership,copartnership,firm, company, limited liability company,corporation, association,joint stock company, trust,estate,political subdivision, or any other legal entity,or their legal representative,agents,or assigns. POTABLE Any water used for human or domestic consumption, WATER: including,but not limited to,water used for drinking, bathing,swimming,washing dishes,or prepared foods. 4. Memorandum of Understanding: The mayor of the United City of Yorkville is hereby authorized and directed to enter into a memorandum of understanding with the Illinois environmental protection agency ("Illinois EPA")in which the United City of Yorkville assumes responsibility for tracking the remediation sites,notifying the Illinois EPA of changes to the ordinances,and taking certain precautions when siting public potable water supply wells. (Ord.2005-50,6-14-2005) X91 �+l1 7 5 18: TEMPORARY SERVICE�CONT-O ,a A. if-,dtifing " . applie ation a a teMP r 1...11.water p nit .aet t..nra..r.the. .7 ..yY....a.a... ...�.,�u.ra.arv,ui J .r.�[., Ru.,. Nom- , ,e The ehar-g@,,fef tempefwy bulk water permit shel!be teft dellaFs($10.00)fe shall not exeeed six�y(60)days afteF!he date of issuenee ef the peffflit 4b B. eh thifty(.90)days less that ete of insialled .Ft issuanee S tUFned plumbing permit,and not to exeeed a tetal efsixty(60)days. Said ehmges is on by the Depaf4f..mt (0M 19;4 LD 10 24 74; Code) 7-5-11: REGULATIONS FOR DEVELOPERS: A. Public Water Supply for Subdivisions: No subdivision of land in the corporate limits shall be approved by the City Council unless the lots therein are provided with adequate water connecting with the City water system,if at all practical. Water connections and City water main extensions, if necessary in order to connect to the City water system,shall be at the subdivider's expense but under the direct supervision and control of the City Council or its authorized agents. Prior to the time said extension is undertaken, the subdivides shall pay the cost of said extension. Upon completion,any extension shall be dedicated to the City and become property of the City who shall then assume full responsibility for maintenance and repairs of the same. B. Water System Improvements: I. Where improvements and extensions to the water distribution system are required in order to serve the needs of a development, the developer shall bear all costs in the water main installation, (Ord.]974-69, 10-24-74) 3-5-11; Comment[L7]:How=wetir ihistod* - - subdt�isiphcor�hrlarditumteandsleudard 'PC Vil(et ion" 2. Prior to proceeding with construction,the developer shall prepare and submit - plans and specifications to all Federal,State,County,Township and other governmental agencies as required by law. Permits or approvals shall be received from all appropriate agencies. The contractor shall also submit plans and specifications to the Director of Public Works and shall obtain written approval from the City Council before proceeding with construction. The following requirements shall be met: a.Plans and specifications submitted shall bear the seal of a current registered professional engineer. b.Water mains shall be not less than six inches(86")in diameter. c.Fire hydrants shall be set at each intersection and at intervals not to exceed four hundred feet(400')(whichever results in closer spacing). (ord. 1974-69, 10-24-74)(Ord. 1974-69, 10-24-74; 1994 Code) d.All future water mains shall be constructed of ductile iron. Ductile iron valves and appurtenances shall be used whenever possible,however,the Director of Public Works may,at his discretion,allow the use of cast iron valves and other cast iron appurtenances to the actual water pipe upon his written consent to the installer. (Ord. 1983-15,9-22-83. ]994 Code) e.Water mains shall be buried such that finished grade will provide not less than five and one-half feet(5 1/2')of cover and not greater than eight and one-half feet(8 '/2;)of cover over the main. f.All water main extensions shall be designed,installed and tested in accordance with the"Standard Specifications for Water and Sewer Main Construction in Illinois". (Ord. 1974-69, 10-24-74) g.The contractor shall pay all expenses incurred by the City to provide field Formatted:Indent:Left: 0.7" inspections,testing and approval of water mains before,during and after construction. At the sole option of the City,the following procedures shall be followed: (1) Complete field inspection by the of PublieWorks or his agent,with free advice and consulting on the project by the design engineer. 7-5-11 (2) Complete field inspection by the design engineer for the developer with periodic field checking by the den 0i of Public Works or his agent; (3) Complete field inspection by the design engineer for the developer. If the City selects this option,there shall be submitted to the City a sworn statement carrying the design engineer's signature and seal stating that the water system was installed in strict accordance with the plans and specifications as approved,except as shown in the as-built drawings. (Ord. 1974-69, 10-24-74; 1994 Code) h.Mylar or cloth reproducible drawings shall be submitted to the City after construction showing the system as-built. (Ord. 1974-69, 10-24-74) C. Installation of Oversize Mains: 1. Notice Requiring Oversized Mains; Compliance: a.When,in any subdivision now within the City or within one and one-half(1 '/a)miles of the City limits which normally would require a six inch(6")or eight inch(8")size water main but which,for the purpose of complying with the plan of development of the City's water system to provide and adequate water supply,not only to the particular subdivision but also to subdivisions which in the future may become a part of the City,and where the City Engineer and Director of Public Works have determined that water mains of a larger diameter than eight inches(8")and the size thereof, shall be installed,then the City Engineer or the Super-intenden 1)4 ctu of Public Works shall inform the subdivision by a written notice of that fact and require them to install such oversized water mains and at the same time,in said notice, inform them of the size to be installed. (Ord. 1974-69, 1024-74; 1994 Code) b. Upon being so notified as provided for in this subsection,no subdivider, builder or developer shall install any water main in such subdivision of any size other than that specified to him by the aforesaid notice. 2. Costs: At such time as the installation of said oversized water main pipe shall have been completed in accordance with the plans and specifications submitted to the City for such installation,and also in accordance with the notice specified in this subsection,and 7-5-11 all such installations shall have been inspected and approved by the City as provided for by ordinance of the City,then the City will pay any such subdivider,builder or developer who has installed oversized water main pipe as above provided,the difference of the cost at current prices,as of the time of said installation,between the eight inch(8')main pipe which was originally planned to be used and the cost of the oversized pipe which the City directed to be used. (Ord. 1974-69, 1024-74) 7-5-12: PRIVATE SPRINKLER AND FIRE PROTECTION SYSTEMS: Private sprinkler and fire protection water systems may be connected with the City water mains subject to the following provisions and regulations and provided the applicant is a consumer taking water supply for other uses from the City at regular rates for such uses: A. Application for Service:Approval: Whenever sprinkler or fire protection services are desired,application shall be made for the privilege of installing such service,which application shall include complete specifications and plans of the installation contemplated. If said application is approved with the City Council, the applicant shall enter into an agreement with the City for connection to City mains,subject to the provisions of this Chapter. (Ord. 1974-69, 1024-74) B. Inspection of System: 1. City water will be turned into any sprinkler or fire protection system only when such installation shall have been subjected to and passed such inspection and pressure tests as may be required by the SaperimerideRil)irector of Public Works. All pipes in connection with such system shall be left exposed until such tests have been made and the system approved. No cross- connections between private water supplies and services connected to City mains shall be permitted. 2. Any and all premises connected to City water mains for sprinkler or fire protection services shall be subject to inspection by the Sapefimet3 I irector of Public Works at any time for count and conformity to the City regulations. C. Rates and Charges: Rates and Charges shall be as provided in Section 7-5-5-1 of this Chapter. (Ord. 1974-69, 10-24-74: 1994 Code) 7-5-13 7-5-13: WATER CUSTOMER CONTRACTUAL AGREEMENT: The rules and regulations as set forth in this chapter shall be considered a part of the contract of every person who takes water supplied by the city through the city waterworks. Every such person who takes water shall be considered as having expressly agreed to be bound by the provisions of this chapter upon his acceptance of water service from the city. (Ord. 1974-69, 10-24-1974) 7-5-14: VIOLATION AND PENALTY: Any violation of this chapter shall constitute a petty offense and be punishable by a fine as provided in section 1-4-1 of this code. (Ord 1974-69, 10-24-1974, amd.Ord. 1983-15,9-22-1983; 1994 Code) 7-5-15: WATER CONSERVATION REGULATIONS: A. Definitions: The following words and phrases when used in this section shall, for the purpose of this section, have the following meanings CITY: The United City of Yorkville. Drip Irriga- A soaking hose that when in use does not result lion System: in an actual dissipation of water. DRIP LINE: Pertaining to a tree or shrub, the ground area immediately beneath the branches of the tree or shrub. LANDSCAPE/ Sod and seeded turf lawns,gardens, trees,shrubs,and LANDSCAPING: other living plants. PERMITTED A time period between five o'clock(5:00)A.M. and HOURS OP nine o'clock(9:00)A:M4 and between nine o'clock WATER USE: (9:00)P.M,an twelve o'clock(12:00)midnight,each day. _ l Comment[L$],Should we expand ftW, PERSON: Any individual,firm,partnership,association. corporation,company,organization,or entity of any kind. WATER: The water provided by and obtained by a person from the city water supply and distribution system. 7-5-15 B. Application: 1. The provisions of this section shall apply to all persons using water,and to all properties within the city or unincorporated areas which are connected to the City's water supply and distribution system,regardless of whether any person using the water has a contract for service with the city. 2. The provisions of this section shall apply annually from May 1 through September 30.subject to any modifications thereof,including application of these or other regulations during this or any other time,by an emergency proclamation issued pursuant to subsection C of this section. C. Restricted Hours And Days For Specified Uses: 1. Water may be used for landscape watering or the filling of swimming pools only as follows: a.All properties with even numbered street numbers(i.e.,numbers ending in 0,2,4,6 or S)may use water for landscape watering or for pool filling,only on even numbered calendar dates during permitted hours of water use. b.All properties with odd numbered street numbers(i.e.,numbers ending in 1.3,5.7,and 9)may use water for landscape watering or for pool filling only on odd numbered calendar dates during permitted hours of water use. c.There shall be no restrictions as to hours or days when water may be used for any of the following: (1) Landscape watering or sprinkling where such watering or sprinkling is done by a person using a hand held watering device; (2) Filling swimming pools with a volume of fifty(50) gallons or less; (3) The automatic watering of trees and shrubs by means automatic root feed or drip irrigation systems within the drip line of the tree or shrub;or (4) Vehicle and equipment washing;or 7-5-15 issue an emergency proclamation specifying different or additional regulations on the use of water. 2. Such regulations may provide for limitations on the usage of water, limitations on days and hours of use of water for some or all purposes,and the prohibition of specified uses of water. 3. Upon issuing such proclamation,the city mayor shall make the contents thereof known to the public by posting a copy at the city hall,and by news release to local newspapers and radio media,and may also endeavor to notify the city residents and other persons in any other practical manner that he or she shall devise. Further,the city mayor shall immediately deliver notice of such proclamation,and the regulations that have been imposed by such proclamation,to all members of the city council. 4. The emergency proclamation of the city mayor, and the regulations imposed thereby,shall remain in full force and effect until any one of the following shall first occur: a. The city mayor determines that the emergency no longer exists and that the emergency proclamation,and the regulations imposed thereby,shall no longer continue in effect. b. The city council modifies or repeals the emergency proclamation and the regulations imposed thereby,by means of an ordinance enacted at any regular or special meeting of the city council. c. The first regular meeting of the city council occurring more than thirty(30)days after the date of the emergency proclamation of the city mayor. 5. Any city employee or officer may,at the direction of the city mayor, notify and warn any person of the effect of said emergency proclamation and direct said person to comply with said watering or sprinkling restrictions. If any said person,after having first been warned about said restrictions of the emergency proclamation, fails to comply with the water restrictions, the person shall be deemed to be in violation of this section. (Ord.2004-17, 3-23-2004) J. Penalty: 1.Any united city of Yorkville inspector,employee,officer or citizen observing a violation of this section may file a complaint by notifying the united city of Yorkville police department. 7-5-15 2. Any person who violates,disobeys,neglects,fails to comply with or resists enforcement of the provisions of this section,other than subsection F or I of this section,shall be subject to penalties as provided in section 1-4-1 of this code in conjunction with the following provisions: a. Fifty dollars($50.00)for a first offense, b. One hundred twenty rive dollars($125.00)for a second offense;and c. Five hundred dollars($500.00)for each subsequent offense. 3. Within ten(10)days of receiving notice of such violation any person may pay at the office of the united city of Yorkville water department the fine. 4. The amount of any fine due for a violation of the provisions of this section occurring at a property in the city,if not paid as provided therein, a notice to appear shall issue and upon adjudication of the matter and assessment of a fine, the fine amount owed to the city shall be added to the bill for water consumption for the property at which the offense occurred. (Ord.2004-20,4-27-2004) 7-5-16: INSPECTION; AUDIT;APPEAL: A. Right of Access;Use Inspection: The united city of Yorkville and its employees and the Illinois environmental protection agency shall have ready access at all reasonable times to the premises,places or buildings where water service is supplied for the purpose of inspecting,examining and testing the consumption,use and flow of water,and it shall be unlawful for any person to interfere with,prevent or obstruct the united city of Yorkville or its duly authorized agent or the Illinois environmental protection agency in its duties hereunder, Every user of the system shall take the same upon the conditions prescribed in this section. B. Powers and Authority of Inspectors: 1. The director of public works and other duly authorized employees of the united city of Yorkville and the Illinois environmental protection agency,bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection,observation,measurement, sampling,and testing in accordance with 7-5-16 the provisions of this section. The united city of Yorkville or its representative shall have no authority to inquire into any processes, including metallurgical, chemical,oil refining,ceramic,paper,or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterway or facilities for waste treatment. 2.While performing the necessary work on private properties referred to above the director of public works or duly authorized employees of the united city of Yorkville and the Illinois environmental protection agency shall observe all safety rules applicable to the premises established by the property owner or its agent and the property owner or its agent shall be held harmless for injury or death to the united city of Yorkville employees and the united city of Yorkville shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the property owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the property owner or its agent to maintain conditions as required in this chapter. 3. The director of public works and other duly authorized employees of the united city of Yorkville bearing proper credentials and identification shall be permitted to enter all private properties through which the united city of Yorkville holds a duly negotiated easement for the purposes of,but not limited to,inspection,observation,measurement,sampling,repair,and maintenance of any portion of the waterworks lying within said easement. Ail entry and subsequent work,if any,on said easement,shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. C. Access To Records: The]EPA or its authorized representative shall have access to any books,documents,papers and records of the united city of Yorkville,which are applicable to the water system,of user charges for the purpose of making audit,examination,excerpts and transcriptions thereof to ensure compliance with the terms of any loan obtained from the IEPA under its public water supply(PWS)loan program. D. Annual Review Of Charges: The adequacy of the water service charge shall be reviewed,not less often than annually,by certified public accountants for the united city of Yorkville in their annual audit report. The water service charge shall be revised periodically to 7-5-16 reflect a change in the local capital costs or overhead,maintenance and repair costs. E. Appeals: Users shall be provided the method for computing rates and service charges within fourteen(14)days of written request. City shall make best efforts to remedy any disagreement with the method used or the computations made within thirty(30)days of a formal written appeal outlining the discrepancies. (Ord.2005-19,3-8-2005) Reviewed By: Agenda Item Number J� Q 0,� Legal ❑ �':� t Finance ❑ EST. f� yeas , Engineer Tracking Number u� City Administrator Consultant ❑ f� I <<E Agenda Item Summary Memo Title: Punchlist Process Meeting and Date: June 15, 2010 Public Works Committee Synopsis: Continued discussion of the current punchlist process. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None at this time. Council Action Requested: None at this time. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C,T j o Memorandum ESQ: Z 1836 To: Bart Olson, City Administrator From: f Joe Wywrot, City Engineer ��a [!I. 2p CC: Lisa Pickering, Deputy City'Cierk f<LE Date: June 3, 2010 Subject: Punchlist Process At their meeting on May 18Ih, the Public Works Committee discussed our current punchlist process and recommended that punchlists be updated at least once a year and forwarded to the developer. Currently we update punchlists when requested by the developer or when we notice that significant work has been performed. Because updating a punchlist can be a very time- consuming task, if a developer does not address punchlist work we do not update a list that we are fairly certain will be essentially unchanged. We went back and looked at several developments to see how frequently punchlists have been updated: Development Punchlist Updates Between And Bristol Bay: Unit 1 9 I2/28/07 12/2/09 Unit 2 6 7/8/08 5/14/09 Unit 4 6 4/26/07 5/14/09 Unit 5 1 5/19/10 Unit 6 5 8/29/08 5/14/09 Unit 7 5 10/6/08 7/27/09 Bri arwood 2 7/10/09 1017109 Kendall Marketplace: Beecher Road 3 9/15/08 1/5/09 Commercial 3 7/16/09 10/21/09 Home Depot 8 1/29/08 1/12/09 Kohl's 5 9/26/07 1/12/09 Target 5 6/5108 10/7/08 Offsite Storm 8 6/5/07 10/20/08 Rush Copley: Beecher Road 4 7/22/08 1/26/09 Phase 1 6 717108 10/19/09 Sunflower Phase 1 7 12/18/98 7/29/08 Sunflower Phase 2 5 7/25/02 1/10/08 Sunflower Phase 3 4 7119/05 1/10/08 Development Punchlist Updates Between And Whispering Meadows: Clubhouse 7 11/16/05 12/4/0$ Unit 1 4 $/30/07 9/24/09 Unit 2 3 4/20/09 1012/09 Unit 4 l 9/14/09 Windett Ridge: Rt.47 3 9/5/07 5/20/10 Onsite 2 4/7/09 5/21/10 Our Standard Specifications for Improvements states that the city shall not consider acceptance of public improvements within a development until at least 50% of the development has been built-out, therefore we do not create initial punchlists until we reach the 50%build-out level. I recommend that we continue this practice. To create punchlists earlier in the development process would likely result in longer and/or vague punchlists that would be inaccurate or incomplete due to damage that occurs or issues that become apparent during the build-out process. Please place this item on the Public Works Committee agenda of June 15, 2010 for discussion.