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Public Works Packet 2021 12-21-21 AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, December 21, 2021 6:00 p.m. City Hall Conference Room 800 Game Farm Road, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: November 16, 2021 New Business: 1. PW 2021-69 Snow Operations Report 2. PW 2021-70 End-of-Year Leaf Operations Report 3. PW 2021-71 Route 126 and Ashley Road Improvement Update 4. PW 2021-72 Solid Waste Recommendation 5. PW 2021-73 Well No. 4 Rehabilitation – Bid Award 6. PW 2021-74 Lake Michigan Allocation – Engineering Agreement Old Business: Additional Business: 2019/2020 City Council Goals – Public Works Committee Goal Priority Staff “Municipal Building Needs & Planning” 2 Bart Olson, Rob Fredrickson, Eric Dhuse, James Jensen, Tim Evans & Erin Willrett “Road to Better Roads Funding” 3 Bart Olson, Rob Fredrickson & Eric Dhuse “Water Planning” 6 Eric Dhuse & Brad Sanderson “School Safety (Exterior & Traffic)” 8 (tie) Eric Dhuse & James Jensen “Quiet Zones” 14 (tie) Eric Dhuse, Erin Willrett & Brad Sanderson “Route 47 Crossings” 19 Eric Dhuse & Brad Sanderson United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, December 21, 2021 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. November 16, 2021 □ Approved __________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2021-69 Snow Operations Report □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2021-70 End-of-Year Leaf Operations Report □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2021-71 Route 126 and Ashley Road Improvement Update □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2021-72 Solid Waste Recommendation □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2021-73 Well No. 4 Rehabilitation – Bid Award □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2021-74 Lake Michigan Allocation – Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Minutes Tracking Number Minutes of the Public Works Committee – November 16, 2021 Public Works Committee – December 21, 2021 Majority Committee Approval Minute Taker Name Department DRAFT Page 1 of 2 UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING Tuesday, November 16, 2021, 6:00pm Yorkville City Hall, Council Chambers 800 Game Farm Road, Yorkville, IL In accordance with Public Act 101-0640 and Gubernatorial Disaster Proclamation issued by Governor Pritzker pursuant to the powers vested in the Governor under the Illinois Emergency Management Agency Act, the United City of Yorkville is encouraging social distancing during the pandemic by allowing remote attendance for this meeting. IN AT TENDANCE: Committee Members Chairman Matt Marek (via Zoom) Alderman Joe Plocher Alderman Ken Koch Absent: Alderman Jason Peterson Other City Officials City Administrator Bart Olson Assistant City Administrator Erin Willrett Engineer Brad Sanderson, EEI Public Works Director Eric Dhuse Other Guests: None The meeting was called to order at 6:00pm by Chairman Matt Marek who read the Disaster Proclamation. Citizen Comments: None Previous Meeting Minutes: October 19, 2021 The minutes were approved as presented. New Business: 1. PW 2021-65 IDOT Traffic Signal Master Agreement Mr. Dhuse said the Master Agreement has to be re-signed each 10 years and that the state has the power to stop work on traffic signals if the agreement is not signed. He expressed concerns to the State, but they did not respond for 8 weeks and did not address the shortcomings, but basically said they would not pay the city for any work done on signals. He said the city has been maintaining signals to the state standards and would like reimbursements not yet paid. He said Yorkville is one of the last municipalities to sign the agreement. He recommended moving this forward to the City Council. Page 2 of 2 2. PW 2021-66 Special Service Area – Fox Hill & Sunflower Estates – Maintenance Services This report was compiled by Mr. Dhuse and will coincide with the Finance Director's levy and budgeting process for the SSA's. Rather than just approving the levy each year, this report will provide backup information. Mr. Olson stated that requests are received for trees, signs, curbs, etc. for which there is no money available n these SSA areas. Mr. Dhuse said there is a negative fund balance now due to large projects in the past such as the naturalization of the ponds. This information will move forward to the City Council, along with the levy item. 3. PW 2021-67 MFT Supplemental Resolution for Bulk Rock Salt Purchase Mr. Dhuse said the salt purchase was re-bid in August and was awarded to Compass Mineral at $15.35 more per ton than last year. He was expecting a higher price, but will need the supplemental resolution to cover the costs. The committee moved this to the Council consent agenda. 4. PW 2021-68 Grande Reserve – Tuscany Tra il - Acceptance Mr. Sanderson explained this item is up for consideration and is a portion of Unit 23 that was not accepted this summer. The developer has now completed the punchlist items. The bond will be decreased if approved and the one-year maintenance agreement will begin. Mr. Olson recommended moving this forward to the consent agenda which the committee approved. Old Business: None Additional Business: Alderman Koch asked for an update for the Rt. 34/Tuma Rd. street light. Mr. Olson said no information has been received from the state. Mr. Dhuse added that ComEd looked at it and has moved the pole. Mr. Koch also asked about the status of the Greenbriar sign. Mr. Dhuse said Plainfield Sign was contacted regarding refurbishment, but he hopes to repair it this winter in-house. Mr. Olson reported on the street sweeper that caught fire. The repair bill is $75,000, but the sweeper value is much less and the insurance settlement is around $30,000. He is leaning toward using the insurance money minus the salvage value, removing the sweeper to use as a truck and then purchase a new sweeper at a cost of $200,000-$300,000. As an outsourcing option, Waste Management has submitted an offer to do the sweeping at a cost of about $15,000 ($140/hour). These options may be addressed at the December Council meeting. Mr. Dhuse added that the sweeper is used in the spring and about 10-15 times a year. It is also used for cleaning up after accidents, after community events and to clean oil from the streets. Since the leaves have been slow to fall this year, a third pickup of leaves will be done in the upcoming days, said Mr. Dhuse. There was no further business and the meeting adjourned at 6:19pm. Minutes respectfully transcribed by Marlys Young, Minute Taker Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #1 Tracking Number PW 2021-69 December Snow Report Public Works Committee – December 21, 2021 none none Short overview of upcoming snow removal season. Eric Dhuse Public Works Name Department Summary Opening snow report of the 21-22 snow season. This will be an overview of what we have prepared for the upcoming season. Background With the changing of the seasons comes the preparation for snow removal. As we all know, supply chain issues have caused havoc on the delivery of goods. Unfortunately, we have had some bad luck in this department as well. Currently, we are going to be down the following pieces of equipment: 1. New truck that was ordered in March. Although it wasn’t supposed to be delivered until the end of winter, we are now told it won’t be here until at least July. My estimate is probably closer to September by the time we have the body built and get it delivered. 2. We have 2 large dump trucks in Indiana awaiting rehabilitation. The trucks were delivered in the summer with the thought of getting them back in November, in time for snow removal season. The shortage of stainless steel has made obtaining the boxes for the dump trucks nearly impossible. Our new estimated delivery time is January. 3. We ordered 4 pickup trucks in November. 2 have small dump bodies and 2 are standard pickups. We were not allowed to order before this time, and do not have a delivery date as of now. If this were a normal year, we would have ordered them right after the passage of the budget and would have had them for the season for sure. These trucks are replacement trucks, so we will still be able to clear the streets, but the trucks we use will not be nearly as reliable. To try and make up some ground for all the missing vehicles, we were given permission to purchase three (3) slide in salt spreaders for our one ton dump trucks that did not already have them mounted. By no means does this make up for the loss of the large dump trucks, but at least its something. In addition to the new spreaders, we have also had the good fortune to be able to hire 2 street department employees, 1 building maintenance employee and 1 parks employee that will all assist in snow removal. Most of these employees have limited snow plowing experience, so they will start out clearing cul de sacs and parking lots until they gain some seat time and we feel confident in their ability to plow safely. Our first order of salt for the season has already arrived, we have approximately 750 tons at the PW facility and 1000 tons in storage at the Kendall County Highway Department. In addition, we have 1000 tons left that we can order this year. This is great news but getting to Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: December 15, 2021 Subject: Snow Report this point has not been easy. We were supposed to be able to roll our previous years contract to this year per IDOT rules. I put in our application in March stating that we would like to exercise the roll over contract. I was notified in mid-August that Cargill was not going to renew their contracts due to a plant accident. IDOT agreed that Cargill did not have to honor their contracts, so salt was re-bid at that time. IDOT did not receive any acceptable bids in September so they bid it out again in October and finally received acceptable bids. Although it was a relief to have a salt contract, it did cost the city approximately $12,000 when it was re-bid since the new price was $15.00 higher per ton than our old contract cost. Our brine maker is back up and running after waiting on a circuit board component for months. We now have a full supply of 10,000 gallons of brine, 6000 of a brine and calcium chloride mix, and approximately 2,000 gallons of calcium chloride to mix with the brine. We will use as much brine as we can this year, but the totals will be down with 2 of the trucks that use brine are not going to be in service until sometime in January at the earliest. As a reminder to all, we plow major streets first, then secondary streets, and finally cul de sacs and parking lots. After all those are completed, we will clear sidewalks and check all other areas to make sure we have completed everything. We cannot be in all places at once, we have to clear from the most used to the least used make sure we are providing safe travel for the greatest number of vehicles. What this means in real life is that if you live on a cul de sac, dead end, or sparsely traveled street, it could be up to 6 hours after we start that you see your first snowplow. We have been very fortunate so far this year and have not had to perform any snow or ice removal operations. We are as ready as we can be, but I do ask for patience as we are down vehicles have to rely on older, unreliable equipment again this season. As always, we will do our best to provide the highest level of service that we can to our residents. Recommendation There is no formal recommendation, as this is an informational item. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #2 Tracking Number PW 2021-70 Leaf Pickup Report 2021 Public Works Committee – December 21, 2021 None None, informational item 2021 leaf pickup totals Eric Dhuse Public Works Name Department Summary Below please find a short report detailing leaf pickup for 2021 and ideas to help improve our ability to provide this service in the future. Background The 2021leaf pickup could not have been more different from 2020. Unlike last year, this year proved to be a challenge in more ways than one. As we all know, the leaves decided they did not want to fall “on time” this year. I believe our crews came up with a great plan to try and cover the entire town as many times as we could in our pickup window. We were able to cover the entire area three (3) times and picked up approximately 1410 cubic yards of leaves. This total was down from 2020 when we collected 2000 cubic yards. Please keep in mind that 2020 was the “perfect” leaf pick up. The weather was fantastic, and the leaves fell just right to allow residents to get them to the street for us and they were dry. The combination of all those factors lead us to one of the smoothest pickups I can recall. This reminds me that we can have a good plan and execute it well, but it really comes down to mother nature cooperating with us and in the end we are powerless to control the weather and must deal with it the best we can. Looking back on this year to see what we did right and what we could improve on staff has come up with the following: What we did right  Adapted our plan to provide the most service we could to all residents  Notified residents through Facebook  Used multiple crews utilizing multiple pick up methods What would help us improve our service  Work with landowner to find a field that we could utilize longer if needed  Utilize all social media to alert residents  Purchase additional leaf vacuum, approximately $110,000  Move parkway tree replacement program to spring*  Move the last brush pickup from the last week of October** *The parkway tree replacement program usually sees the planting of trees in the second week of October. This is also the time we need to prep trucks for winter knowing that we will be picking Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: December 15, 2021 Subject: Leaf Pickup Report up leaves all of November. If we move the program to the spring, this will eliminate a big conflict. **With our refuse pickup contract offering unlimited yard waste bags and bundled pickup every week from April – November, I believe that we could reduce the frequency of brush pickups Instead of the last full week of April, June, August, and October I would propose that we have a spring pickup during the first week of May and fall pickup during the last week of September. This would eliminate two pickups, but the residents would still have the option of bagging or bundling their brush. Moving the final brush pickup to September will give us all of October to button up projects and prep trucks for snow removal season. Recommendation This is an informational item. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #3 Tracking Number PW 2021-71 Rt 126 and Ashley Road Improvements Informational Status Update Brad Sanderson Engineering Name Department City Council – December 21, 2021 The purpose of this memo is to update the committee as to the status of the improvements. Per Ordinance 2018-27 (Attached), the developer was to complete the improvements by the end of November 2021. Most of the work has been completed, including the intersection improvements at Rt 126 and Ashley Road and the resurfacing of Ashley Road. The intersection improvements at Ashley and the new school entrance are delayed due to private utility conflicts. There are also Comed utility poles near the intersection of Rt 126 and Ashley that remain to be located. Once the private utilities are relocated, the final work items can be completed. At this point, this work is expected to be completed first thing in the spring of 2022. This is informational only at this time. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: December 14, 2021 Subject: Rt 126 and Ashley Road Improvements Route 126 and Ashley Road Ashley Road and School Entrance DEBBIE i.11 1 ETTE RECORDER - KENDALL COUNTY, IL RECORDED: 5/22/2018 11:34 AN ORDI: 44.86 RHSPS FEE: 10.88 PAGES: 9 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2018-27 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,APPROVING A THIRD AMENDMENT TO THE ANNEXATION AGREEMENT OF YORKVILLE FARMS DEVELOPMENT AND THE UNITED CITY OF YORKVILLE Prestwick of Yorkville Subdivision) Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 24th day of April,2018 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on May 21,2018. Ordinance No. 2018- (97 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,APPROVING A THIRD AMENDMENT TO THE ANNEXATION AGREEMENT OF YORKVILLE FARMS DEVELOPMENT AND THE UNITED CITY OF YORKVILLE Prestwick of Yorkville Subdivision) WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Section 11-15.1-1 et seq. of the Illinois Municipal Code (65 ILCS 5/11- 15.1-1 et. seq.) grants the City with authority to enter into an annexation agreement with one or more owners of land in an unincorporated territory; and, WHEREAS, on April 26, 2005, by Ordinance No. 2005-30, the Mayor and City Council the "Corporate Authorities") authorized the execution of an Annexation Agreement of Yorkville Farm Development (the "Original Agreement"), which Original Agreement was recorded with the Kendall County Recorder's Office on December 19, 2005 as document 200500039118; the Original Agreement, among other things, provided for the zoning of an approximately 190 acre parcel of real property (the "Property") owned by John C. Stewart and Michelle L. Stewart(the "Owners") as R-2 Single Family Resident District; and, WHEREAS, on October 8, 2013 and May 27, 2014, by Ordinance Nos. 2013-56 and 2014-26, the Corporate Authorities approved first and second amendments to the Original Agreement, which amendments were recorded with the Kendall County Recorder's Office on October 30, 2013 and February 3, 2015 as document #201300022150 and document 201500001628, respectively; said amendments approved a revised plat of subdivision, established permitted uses for a portion of the Property to be developed as a school, changed the Ordinance No.2018-o 7 Page 2 name of the subdivision provided for in the Original Agreement to Ashley Pointe, and revised certain aspects of the Owners' security requirements; and, WHEREAS, the Owner/Developer has now requested to amend the Original Agreement and subsequent amendments thereto to delay the construction of certain intersection roadway improvements to Ashley Road and Route 126; and, WHEREAS, the Corporate Authorities believe it to be in the best interests of the City and its residents to grant the Owners' request pursuant to the terms and conditions as set forth in a third amendment. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the recitals in the preambles to this Ordinance are incorporated into this Section 1 as if fully set forth herein. Section 2. That the Third Amendment to the Annexation Agreement of Yorkville Farms Development and the United City of Yorkville, attached hereto and made a part hereof, is hereby approved and the Mayor, City Clerk, and City Administrator are hereby authorized to execute and deliver said Third Amendment and undertake any and all actions as may be required to implement its terms on behalf of the City. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 2, (/ 1' A.D. 2018. CITY CLERK Ordinance No.2018-a7 Page 3 CARLO COLOSIMO y KEN KOCH JACKIE MILSCHEWSKI Y, ARDEN JOE PLOCHER v CHRIS FUNKHOUSER JOEL FRIEDERS SEAVER TARULIS ALEX HERNANDEZ MAYOR GOL04S14l APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 10 day of MAY A.D. 2018. MAYOR Attest: CITY CLE Ordinance No.2018-a 7 Page 4 THIRD AMENDMENT TO THE ANNEXATION AGREEMENT OF YORKVILLE FARMS DEVELOPMENT AND THE UNITED CITY OF YORKVILLE Prestwick of Yorkville Subdivision) This Third Amendment to the Annexation Agreement of Yorkville Farm Development Prestwick of Yorkville Subdivision) (the "Amendment"), is made and entered into this Jl'p day ofM4Y , 2018, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (the "City"), and the owner of record John C. Stewart and Michelle L. Stewart("Owner" or"Developer" or"Owner/Developer"). WITNESSETH WHEREAS, Owner owns fee simple title to the real property which is legally described in Exhibit A attached hereto, consisting of approximately 190 acres, more or less (hereinafter Property"); and, WHEREAS, on April 26, 2005, the Mayor and City Council (the "Corporate Authorities") entered into an Annexation Agreement of Yorkville Farm Development (the Original Agreement") which provided for the zoning of the Property as R-2 Single Family Resident District established the required infrastructure and public improvements deemed necessary to serve the Property when developed, and set forth the required donations, fees and security to guarantee the completion and maintenance of the public improvements; and, WHEREAS, on October 8, 2013, the Corporate Authorities approved the First Amendment to the Annexation Agreement of Yorkville Farms Development and the United City of Yorkville (Prestwick of Yorkville Subdivision) (the "First Amendment") which among other things, approved a revised plat of subdivision; established permitted uses for a portion of the Property to be developed as a school, changed the name of the Subdivision to Ashley Pointe; and revised the security requirements of the Owner/Developer to include security for the school improvements including roadways; and, WHEREAS, on May 27, 2014, the Corporate Authorities approved the Second Amendment to the Annexation Agreement of Yorkville Farms Development and the United City of Yorkville (Ashley Pointe Subdivision f/k/a Prestwick of Yorkville) (the "Second Amendment') which among other things, reduced the security requirements of the Owner/Developer including roadways; and 173403/1 WHEREAS, the Owner/Developer has now requested to amend the Original Agreement and subsequent amendments thereto to revise the language reducing the security requirements of the Owner/Developer, including roadways. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois,the parties agree as follows: 1. The foregoing Preambles are hereby adopted as if fully restated herein. 2. Section 2 of the Second Amendment, which amended Paragraph 4 of the First Amendment, which amended Paragraph 6 of the Original Agreement stating that "the Developer will provide any required security for the high school improvements, including roadways", is further amended by amending Section 2 as follows: a. The Developer acknowledges its responsibility for all required security for the high school improvements, including roadways. b. Owner/Developer agrees not to construct any permanent access roadway from the Yorkville Christian School site to Ashley Road until the intersection improvements for Ashley Road and Route 126 are completed. c. The City agrees that a temporary emergency access off of Ashley Road shall be constructed. d. The City agrees that the intersection improvements for Ashley Road and Route 126 (Intersection Improvements) shall be completed by Owner/Developer before November 2021 ("Intersection Improvement Completion Date"). e. Developer will perform the necessary engineering, prepare the necessary application, and prepare the necessary drawings and plans to apply to Illinois Department of Transportation (IDOT) for the permit to complete the Intersection Improvements, apply for the permit from IDOT and install the Intersection Improvements pursuant to the permit issued by IDOT on or before the Intersection Improvement Completion Date. f. Developer shall not be responsible for delays caused by the following: acts of God, fire, strikes, war, riots, governmental regulation or restriction, labor or material shortages, damage by the elements, force majeure, or any other cause or casualty beyond the control of Developer that might delay the installation of the Intersection Improvements. g. The City requires security from Developer/Owner for the Intersection Improvements at Route 126 and Ashley Road, said security to be released at such time as Owner/Developer has deposited sufficient security for said Intersection Improvements with IDOT, and the City has received confirmation from IDOT of the receipt of such security. 173403/1 3. All other terms and conditions of the Original Agreement, as amended by the First and Second Amendments, remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands on this /Io day of M 2018. United City of Yorkville, an Illinois municipal Corporation By: Mayor Attest: City C rrk J n C. Stewart Michelle L. Stewart 173403/1 EXHIBIT A UNIT ONE: LOTS 1 THROUGH 10,INCLUSIVE,LATS 12 THROUGH 41,INCLUSIVE,LOTS 43 THROUGH 50,INCLUSIVE,LOTS 52 THROUGH 63,INCLUSIVE,IAT 65 THROUGH 108,INCLUSIVE, LOTS 357 THROUG14 363,INCLUSIVE,AND LOT 365 IN PRESTWICK OF YORKVILLE UNIT 1, BEING A SUBDIVISION OF PART OF SECTIONS 3&10,TOWNSHIP 36 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 31,2006,AS DOCUMENT NUMBER 200600035287,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS. UNIT TWO: THAT PART OF THE EAST HALF OF SECTION 10,TOWNSHIP 36 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHWEST CORNER OF TIRE NORTHEAST QUARTER OF SAID SECTION 10;THENCE SOUTH 01 DEGREES 32 MINUTES 35 SECONDS EAST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 10,1776.14 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 54 DEGREES 40 MINUTES 34 SECONDS EAST,258.23 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 283.00 FEET AND A CHORD BEARING OF NORTH 38 DEGREES 32 MINUTES 30 SECONDS EAST,AN ARC LENGTH OF 31.79 FEET; THENCE NORTH 41 DEGREES 45 MINUTES 34 SECONDS EAST,269.09 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 283.00 FEET AND A CHORD BEARING OF NORTH 68 DEGREES 21 MINUTES 45 SECONDS EAST,AN ARC LENGTH OF 262.80 . ; THENCE SOUTH 85 DEGREES 02 MINUTES 05 SECONDS EAST,0.59 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 54 DEGREES 36 MINUTES 04 SECONDS EAST",AN ARC LENGTH OF 35.22 FEEL, THENCE SOUTH 75 DEGREES 45 MINUTES 48 SECONDS EAST, 70.00 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 265.00 FEET AND A CHORD BEARING OF SOUTH 14 DEGREES 09 MINUTES 29 SECONDS WEST,AN ARC LENGTH OF 0.73 FEET; THENCE SOUTH 75 DEGREES 55 MINUTES 15 SECONDS EAST,145.79 FEET; THENCE SOUTH 00 DEGREES 43 MINUTES 57 SECONDS WEST,61.16 FEET; THENCE SOUTH 29 DEGREES 47 MINUTES 52 SECONDS EAST,37.26 FEET; THENCE NORTH 76 DEGREES 49 MINUTES 03 SECONDS EAST, 116.69 FEET; THENCE SOUTH 81 DEGREES 47 MINUTES 13 SECONDS EAST, 153.95 FEET; THENCE SOUTH 63 DEGREES 29 MINU'T'ES 31 SECONDS EAST, 112.02 ; THENCE SOUTH 45 DEGREES 59 MINUTES 45 SECONDS EAST, 111.92 FEET, THENCE SOUTH 29 DEGREES 23 MINUTES 15 SECONDS EAST,55.65 FEET; THENCE NORTH 78 DEGREES 20 MINUTES 45 SECONDS EAST, 90.04 FEET; THENCE NORTH 82 DEGREES 41 MINUTES 33 SECONDS EAST,88.65 FEET; THENCE NORTH 87 DEGREES 00 MINUTES 20 SECONDS EAST,88.65 FEET; THENCE SOUTH 88 DEGREES 40 MINUTES 53 SECONDS EAST,88.65 FEET; THENCE SOUTH 88 DEGREES 00 MINUTES 08 SECONDS EAST,85.86 FEET; THENCE SOUTH 83 D13GREES 43 MINUTES 10 SECONDS EAST,238.13 FEET; THENCE NORTH 04 DEGREES 45 MINUTES 16 SECONDS EAST,13.20 FEET; THENCE NORTH 11 DEGREES 14 MINUTES 44 SECONDS EAST,288.09 BEET; THENCE NORTH 62 DEGREES 41 MINUTES 24 SECONDS EAST, 127.61 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 267.00 FEET AND A CHORD BEARING OF SOUTH 22 DEGREES 18 MINUTES 37 SECONDS EAST,AN ARC LENGTH OF 46.60 FEET; THENCE NORTH 72 DEGREES 41 MINUTES 23 SECONDS EAST, 216.00 FEET; THENCE SOUTH 10 DEGREES 59 MINUTES 02 SECONDS EAST, 106.45 FEET, 173403/1 THENCE SOUTH 01 DEGREES 40 MINUTES 08 SECONDS WEST, 106.45 FEET;THENCE SOUTH 10 DEGREES 43 MINUTES 58 SECONDS WEST,86.80 FEET;THENCE SOU'T'H 11 DEGREES 14 MINUTES 44 SECONDS WEST,80.00 FEET;THENCE SOUTH 07 DEGREES 24 MINUTES 58 SECONDS WEST,72.99 FEET;THENCE SOUTH 05 DEGREES 14 MINUTES 55 SECONDS EAST, 71-04 FEE THENCE SOUTH 18 DEGREES 06 MINUTES 54 SECONDS EAST,71.04 FEET; THENCE SOUTH 27 DEGREES 45 MINUTES 40 SECONDS EAST,77.42 FEET;THENCE SOUTH 28 DEGREES 15 MINUTES 03 SECONDS EAST,80.00 FEET;THENCE SOUTH 27 DEGREES 34 MINUTES 17 SECONDS EAST,87.88 FEET;THENCE SOUTH 15 DEGREES 28 MINUTES 24 SECONDS EAST,106.01 FEET;THENCE SOUTH 01 DEGREES 42 MINUTES 03 SECONDS EAST, 52.39 FEET;THENCE NORTH 88 DEGREES 28 MINUTES 09 SECONDS EAST,84.51 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1.0;THENCE SOUTH 01 DEGREES 32 MINUTES 43 SECONDS EAST,ALONG THE EAST LINE OF SAID NORTHEAST QUARTER,74.63 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01 DEGREES 27 MINUTES 24 SECONDS EAST,ALONG THE VAST LINE OF THE SOUTHEAST QUARTER.OF SAID SECTION 10, 1006.36 FEET TO THE SOUTHEAST CORNER OF LANDS CONVEYED TO ROBERT M.AND ELAINE E.STEWART BY DOCUMENT NO.72-5636; THENCE SOUTH 88 DEGREES 04 MINUTES 01 SECONDS WEST,ALONG THE SOUTH LINE OF SAID LANDS PER DOCUMENT NO.72-5656,2655,55 FEET TO THE SOUTHWEST CORNER OF SAID LANDS PER DOCUMENT NO.72-5656,SAID POINT BEING ON THE WEST LINE OF TIE SOUTHEAST QUARTER OF SAID SECTION 10,AND 1876.91 FEET SOUTHERLY OF(AS MEASURED ALONG SAID WEST LINE)THE POW OF BEGINNING; THENCE NORTH 01 DEGREES 32 MINUTES 35 SECONDS WEST,ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 10, 1876.91 FEET TO THE POINT OF BEGINNING,IN THE TOWNSHIP OF KENDALL,KENDALL COUNTY,ILLINOIS AND CONTAINING 110.29 ACRES OF LAND,MORE OR LESS. 173403/1 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #4 Tracking Number PW 2021-72 Solid Waste Recommendation Public Works Committee – December 21, 2021 Bart Olson Administration Name Department Summary Consideration of two bids for solid waste collection services between May 1, 2022 and April 30, 2027. Background This item was last discussed by the City Council at the September 28th meeting. At that meeting, the City Council approved an RFP for solid waste collection services and directed staff to proceed with the RFP. The RFP contained a request for solid waste collection services in the same scope as the City’s current contract, but with a request for on-demand hazardous household waste collection. Staff clarified with all interested bidders after the RFP went out that the City would like a bid for on-demand hazardous waste, but that it would entertain proposals that did not include this service. Subsequently, two bidders submitted proposals – Waste Management, which included on-demand hazardous waste collection, and Groot, which did not include on- demand hazardous waste collection. The redacted/shortened version of each proposal is attached to this memo. Staff has reviewed the proposals, including the list of alternatives and deviations, and we think either proposal can be successfully turned into a contract depending on the City Council’s feedback on the bids. The Groot proposal contains monthly fees much less than the Waste Management proposal (by roughly $10 per month per household) and in line with the City’s current monthly user fees ($18.21 per month per household current compared to ~$18.79 per month per household proposed). However, as stated above, the Waste Management proposal includes on- demand hazardous household waste disposal – a service which would be unique among the region, and one in which Groot does not offer. Current hazardous household waste services are a mix of one-day events operated throughout the state by the IEPA (roughly 2-4 events per month statewide) plus four permanent facilities in Naperville, Rockford, Chicago, and Lake County. Waste Management and Groot both clarified during the RFP window that the on-demand household hazardous waste collection was a preferred but not mandatory service. Waste Management also submitted two bid tables – certifying that their price for general solid waste collection services would be the same price to the residents whether on-demand household hazardous waste collection is included or not. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 16, 2021 Subject: Solid Waste Collection Recommendation Staff requests direction from the Committee as to whether we should negotiate with Groot, which is a cheaper cost and does not provide on-demand hazardous waste collection, or Waste management, which is a more expensive service but provides on-demand hazardous waste collection. For ease of use, we have provided the following price/service table showing current costs and first-year only costs for 65 gallon/96 gallon toter service: Current Solid Waste Collection Cost, Per Month Per Household May 1, 2022 to April 30, 2023 Cost, Per Month Per Household Waste Management (current, 65 gallon or 96 gallon)$18.21 N / A Groot, no hazardous (proposed, 65 gallon or 96 gallon)N / A $18.79 or $18.99 Waste Management with Hazardous (proposed, 65 gallon or 96 gallon)N / A $29.03 Waste Management, no Hazardous (proposed, 65 gallon or 96 gallon)N / A $29.03 Project Name: Yorkville Solid Waste Collection Services Groot, Inc. 710 E. South St. Unit B Plano, IL 60545 Contact: Josh Molnar 847-734-6393 jmolnar@groot.com Proposal Due Date & Time: Monday, November 1, 2021 at 10:00 a.m. C OVER L ETTER groot.com E XECUTIVE S UMMARY groot.com United City of Yorkville 49 O PERATIONAL A PPROACH groot.com A PPENDIX 2 -6 groot.com United City of Yorkville 40 APPENDIX 2 REQUIRED RECYCLABLES TO BE COLLECTED The City requires that the Contractor shall collect the following recyclable material for the entire term of the contract. Additionally, the Contractor is encouraged to identify additional items they will be collecting, not on the current list. Required Recyclable Materials  brown paper bags  corrugated cardboard  boxes and cartons  chipboard/paperboard (to include brown or gray box board or paperboard, cereal boxes, shoe boxes, & paper towel cores)  magazines and catalogues  mixed paper, glossy & non-glossy (to include stationary, notebook paper, post-it notes, computer paper, typing paper, flyers, greeting cards, file folders and all envelopes, with and without windows)  newspaper (including all supplements)  telephone books  wet strength carrier stock (to include paper board used for refrigerated and frozen items)  frozen food packages  aerosol cans  aluminum cans and foil  formed aluminum containers and wraps  aseptic packaging and gable top containers  formed steel containers  glass bottles and jars (brown, green, and clear)  plastic containers (colored or cloudy white HDPE milk, juice and/or water bottles, jars and jugs)  all plastic containers #1 through #5 and plastic containers #7  LDPE and HDPE soft plastic six (6) and twelve (12) pack rings  steel cans  steel paint cans and lids  household batteries Other Recyclable Materials Proposed by Contractor  _________________________________________________________  _________________________________________________________  _________________________________________________________ United City of Yorkville 41 APPENDIX 3 SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum standards outlined in the specifications section of this document. (Please attach additional sheets if necessary.) Section Paragraph Explanation of Alternative/Deviation United City of Yorkville 42 APPENDIX 4 SCHEDULE OF ILLINOIS MUNICIPALITIES SERVED Please list municipal references. (Please attach additional sheets if necessary) Municipality Contact Name & Telephone Number Service Dates Explanation of Collection and Disposal Program United City of Yorkville 43 APPENDIX 5 LOCATION OF DISPOSAL FACILITIES Please provide below information concerning the facilities, which are intended to be used for the disposal of refuse, yard waste, organics and recyclable materials collected at the curbside. (Please attach additional sheets if necessary.) REFUSE Name of Facility Facility Address Disposal Limitations RECYCLING Name of Facility Facility Address Disposal Limitations YARD WASTE Name of Facility Facility Address Disposal Limitations United City of Yorkville 44 ELECTRONIC WASTE Name of Facility Facility Address Disposal Limitations ORGANIC MATERIAL Name of Facility Facility Address Disposal Limitations HOUSEHOLD HAZARDOUS WASTE Name of Facility Facility Address Disposal Limitations United City of Yorkville 45 APPENDIX 6 CONTRACTOR QUALIFICATIONS Name of Business: Business Address: Mailing Address: Business Number: Emergency Number: Fax Number: Ownership: Individual Partnership Corporation Franchise or Parent Company (if applicable): List all Partners, Managers, and Corporate Officers: Name Title Residence Phone Days of Operation: Business Hours: Number of Employees: Supervisors: Drivers: Office Personnel: Officers: Name Office Ronald J. Mittelstaedt Executive Chairman Worthing F. Jackman President and Chief Executive Officer Mary Anne Whitney Executive Vice President, Chief Financial Officer and Assistant Secretary Darrell W. Chambliss Executive Vice President and Chief Operating Officer and Assistant Secretary David G. Eddie Senior Vice President and Chief Accounting Officer David M. Hall Senior Vice President – Sales and Marketing James M. Little Senior Vice President – Engineering and Disposal Patrick J. Shea Senior Vice President, General Counsel and Secretary Matthew S. Black Senior Vice President and Chief Tax Officer Robert M. Cloninger Vice President, Deputy General Counsel and Assistant Secretary Keith P. Gordon Vice President – Information Systems Eric O. Hansen Vice President – Chief Information Officer Michelle L. Little Vice President – Accounting Shawn W. Mandel Vice President – Safety and Risk Management Susan R. Netherton Vice President – People, Training and Development Scott I. Schreiber Vice President – Equipment and Operations Support Gregory Thibodeaux Vice President – Maintenance and Fleet Management Colin Wittke Vice President – Sales Richard K. Wojahn Vice President – Business Development Jason Craft Regional Vice President – Eastern Region Doug McDonald Regional Controller – Eastern Region Directors: Ronald J. Mittelstaedt Address for all Officers and Directors: 3 Waterway Square Pl., Ste. 110, The Woodlands, TX 77380 C OST P ROPOSAL groot.com Price Quotation Sheet Appendix 1 Yorkville Solid Waste Collection Services RFP 1. Plan Description May 1, 2022 to April 30, 2023 May 1, 2023 to April 30, 2024 May 1, 2024 to April 30, 2025 May 1, 2025 to April 30, 2026 May 1, 2026 to April 30, 2027 Refuse Collection 35 Gallon Tote $ $ $ $ $ 65 Gallon Tote $ $ $ $ $ 96 Gallon Tote $ $ $ $ $ Total $ $ $ $ $ Plan Description May 1, 2022 to April 30, 2023 May 1, 2023 to April 30, 2024 May 1, 2024 to April 30, 2025 May 1, 2025 to April 30, 2026 May 1, 2026 to April 30, 2027 Refuse Collection & Household Hazardous Waste 35 Gallon Tote $ $ $ $ $ 65 Gallon Tote $ $ $ $ $ 96 Gallon Tote $ $ $ $ $ Total $ $ $ $ $ R EFERENCES groot.com Community Served City of West Chicago 475 Main Street West Chicago, IL 60185 Mr. Michael Guttman, City Administrator (630) 293-2200 Village of Bellwood 3200 Washington Bellwood, IL 60104 Mr. Peter Tsiolis, Economic Dev. Director (708) 547-4045 Village of Brookfield 8820 Brookfield Ave. Brookfield, IL 60513-1688 Mr. Tim Wiberg, Village Manager (708) 485-7344 Village of Oswego 100 Parkers Mill Oswego, IL 60560 Mr. Dan Disanto Village Administrator (630) 554-3618 City of Aurora 44 E Downer Place Aurora, IL 60505 Mr. Kelvin Beene, Property Standards Manager (630) 256-3771 Service Provided Contract Start: 2005 Modified Volume Based Program 5,300 units serviced-Providing refuse, recycling & yard waste services Contract Start: 1994 5,600 units serviced Providing refuse & recycling services Contract Start: 1964 5,837 units serviced Providing refuse, recycling & yard waste services Contract Start: 2012 9,400 units serviced Providing refuse, recycling & yard waste services Contract Start: 2015 Residential Franchise: 46,174 units serviced Providing: refuse, recycling & yard waste services groot.com R EFERENCES Currently, we have exclusive contracts in 81 communities with over 600,000 residences serviced every week. Additional references are available upon request. P ROPOSAL S ECURITY groot.com P ERFORMANCE B OND I NTENT groot.com P ROOF OF INSURANCE groot.com D EVIATIONS & E XCEPTIONS groot.com Groot, Inc. (“Contractor” or “Proposer”) offers the following items to be incorporated into the resulting contract and as exceptions to the Request for Yorkville Solid Waste Collection Services (the “RFP”) is- sued by the United City of Yorkville (the “City”). Contractor’s proposal is subject to and contingent up- on these exceptions. These items are intended to identify areas of concern and remain negotiable. Along with the exceptions is some explanation to provide the City with Contractor’s thoughts behind such ex- ceptions. Contractor’s bid submission is contingent upon and subject to the exceptions and objections contained herein. Specifically, Contractor objects, and does not agree, to any provision of the RFP to the extent such would require a penalty, fine, fee or forfeiture of a bond in the event that the parties are una- ble to agree on, and ultimately enter into a contract, the terms of this RFP after good faith negotiations, including the objections and exceptions contained herein. We appreciate your consideration and welcome the opportunity to work with you on reaching agreeable terms. Unless defined herein, capitalized terms shall have the meanings set forth in the RFP. (1) Contractor takes a general exception to any requirement of the RFP requiring confidential, propri- etary or otherwise privileged information, including financials, of the Contractor. Contractor is a subsidiary of Waste Connections, Inc. (“WCN”). WCN is a publicly traded company whose shares trade on the New York Stock Exchange. Periodic and annual financial information is re- ported to the U.S. Securities and Exchange Commission (“SEC”). Audited financial information is provided in WCN’s annual Form 10-K and quarterly Form 10-Q filings with the SEC. Copies of WCN’s periodic and annual filings are available online at www.sec.gov. Separate financial statements are not prepared for Contractor. To the extent that the foregoing financial information does not satisfy the requirements in the RFP, Contractor takes exception to such requirements. (2) Contractor objects to Section 9.1 of the RFP and requires it be deleted in its entirety and replaced with the following or other mutually agreeable language (added language underlined): “To the fullest extent permitted by law, the Proposer shall indemnify, keep and hold harmless the City and its agents, officers, and employees, against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, which may arise to the extent directly or indirect- ly from any negligence or from the reckless or willful misconduct of the Proposer, its employees, groot.com D EVIATIONS & EXCEPTIONS or its subcontractors, and the Proposer, its employees, or its subcontractors, and the Proposer shall at its own expense, appear, defend and pay all reasonable charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Proposer shall, at its own expense, satisfy and discharge the same. This Agreement shall not be construed as requiring the Proposer to indemnify the City for its own negligence or that of third parties. The Proposer shall indemnify, keep and save harmless the City only to the extent a loss was caused by the negligent, willful or reckless acts or omissions of the Proposer, its employees, or its Subcontractors.” (3) Contractor objects to the phrase “Applicable on a per project basis” in Section 15.1 and requires it be deleted. (4) Contractor objects to the phrase “additional insured” in Section 15.6 and requires it be deleted and replaced with “additional insured to the extent such obligations are assumed hereunder by Contractor”. (5) Contractor objects to the last sentence of Section 15.8 and requires it be deleted in its entirety. (6) Contractor takes exception to Section 19.1 to the extent it would require written consent of the City Administrator in the event of an assignment or subcontract to a subsidiary or an affiliated entity of Contractor. (7) Contractor objects to Section 21.1 and requires a reasonable period of time to cure the alleged breach or default prior to City exercising its remedies pursuant to the agreement. (8) Contractor takes exception to Section 53.1 and requires the following concept be incorporated into the final contract between the parties: Notwithstanding anything herein to the contrary: (a) Contractor shall have no obligation to collect any material which is or contains, or which Con- tractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by appli- cable federal, state or local laws or regulations (“Excluded Waste”); (b) if Contractor finds what reasonably appears to be discarded Excluded Waste, Contractor shall promptly notify the City groot.com D EVIATIONS & EXCEPTIONS and the producer of the Excluded Waste, if the producer can be readily identified; and (c) title to and liability for any Excluded Waste shall remain with the producer of the Exclud- ed Waste, even if Contractor inadvertently collects or disposes of such Excluded Waste. (9) In addition to the terms set forth in the RFP, the following concepts need to be incorporated into the final form of the resulting contract: a. Notwithstanding anything herein to the contrary: (a) Contractor shall have no obligation to collect any material which is or contains, or which Contractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infec- tious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations (“Excluded Waste”); (b) if Contractor finds what reasonably ap- pears to be discarded Excluded Waste, Contractor shall promptly notify the City and the producer of the Excluded Waste, if the producer can be readily identified; and (c) title to and liability for any Excluded Waste shall remain with the producer of the Excluded Waste, even if Contractor inadvertently collects or disposes of such Excluded Waste. b. The City must comply with any description of and/or procedures with respect to removal of contaminants or preparation of recyclable materials as reasonably provided by Contrac- tor. If the City fails to do so, Contractor may decline to collect such materials without be- ing in breach of the contract. Contractor shall not be responsible for and has not made any representation regarding the ultimate recycling of such recyclable materials by any third party facilities. c. The rights granted to Contractor under the contract shall be exclusive. The City may, in its sole discretion, enforce the exclusivity provisions of the contract against third-party viola- tors, taking into account the cost of doing so and other factors. Contractor may inde- pendently enforce the exclusivity provisions of the contract against third-party violators, including, but not limited to, seeking injunctive relief and/or damages, and the City shall use good-faith efforts to cooperate in such enforcement actions brought by Contractor. The City shall use its best efforts to adopt ordinances, rules or regulations that have the groot.com D EVIATIONS & EXCEPTIONS effect of requiring third parties, including, without limitation, customers, to comply with the provisions of the contract, including, without limitation, the exclusive service rights granted to Contractor pursuant to the agreement. d. Except in the case of Contractor’ negligence or willful misconduct, Contractor shall not be liable for any damages to pavement, curbing, or other driving surface resulting from the weight of its trucks and equipment. e. Notwithstanding anything herein to the contrary, to the extent supplied by Contractor, in the event that a waste container becomes lost, unsightly, unsanitary, broken, or unservice- able because of the acts or omissions of the City (excluding normal wear and tear), the City will be charged for the resulting repairs or replacement and such amounts will be paid to Contractor upon demand. f. Any equipment furnished hereunder by Contractor shall remain the property of Contrac- tor; however, the customers and the City (as applicable) shall have care, custody and con- trol of the equipment while at the service locations. Customers and the City shall not over- load (by weight or volume), move or alter the equipment, and shall use the equipment on- ly for its proper and intended purpose. Customers and the City must provide unobstructed access to the equipment on the scheduled collection day. The word “equipment” as used herein shall mean all containers used for the storage of non-hazardous solid waste. g. Notwithstanding anything herein to the contrary, Contractor may pass through and the City shall pay to Contractor any documented increases in and newly imposed taxes, fees or other governmental charges assessed against or passed through to Contractor (other than income or real property taxes). h. Except for the payment of amounts owed hereunder, neither party hereto shall be liable for its failure to perform or delay in its performance hereunder due to contingencies be- yond its reasonable control including, but not limited to, strikes, riots, compliance with laws or governmental orders, inability to access a container, fires, inclement weather and acts of God, and such failure shall not constitute a breach under the contract. groot.com D EVIATIONS & EXCEPTIONS UNITED CITY OF YORKVILLE, ILLINIOIS Tested. Proven. Trusted. The United City of Yorkville’s Reliable Service Partner Yorkville Solid Waste Collection Services RFP-21-01110-010-1-2021/KG November 1, 2021 SUBMITTED BY Waste Management of Illinois, Inc. Proven Solutions from a Trusted Partner WASTE MANAGEMENT CONTACT Vaughn Kuerschner Public Sector Representative (847) 947-9941 vkuersc1@wm.com Waste Management of Illinois, Inc. 780 N Kirk Rd, Batavia, IL 60510 i November 1, 2021 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Yorkville Solid Waste Collection Services (RFP-21-01110-010-1-2021/KG) Dear Mr. Bart Olson: Waste Management of Illinois, Inc. appreciates the opportunity to participate in this important procurement process and is pleased to present the following response to the United City of Yorkville’s request for proposal. This letter will clarify the attached response to the above referenced bid document. Over the years, Waste Management has worked in close partnership with the City to develop a strong foundation of services that provide world-class service for your residents. The Yorkville-Waste Management partnership has stood the test of time. There is no substitute for a partner that you can count on, no matter what happens. We are heavily involved in your community and sponsorships from the Chamber of Commerce to the Neighborhood Summit and District Cleanup Efforts. Our innovative services bring the City significant value that will reduce our presence in your neighborhood while providing exceptional service. We have and will continue to work together as partners for the betterment of the City’s communities. Our commitments to being a “People First” organization and achieving “Success with Integrity” mean striving for results in all that we do. We hold ourselves and others to higher standards of accountability, honesty, ethics, and compliance. Our people are committed to doing the right thing, the right w ay, every day. They place our core values of safety, customers, environment, and inclusion and diversity first in all they do. We believe our employees are our greatest asset, and if we take care of them, they will take care of our customers, communities, shareholders, environment, and each other. These commitments and values are the foundation for the many differentiators that set us apart from our competitors: Extensive Local Resources: In addition to tapping into an industry-leading network of resources across California and North America, Waste Management offers management, operational, and reserve resources at the local level. A local office with local support/operations, including a single point of contact for your account, and a local fleet of trucks and equipment all add up to world-class service delivery for your residents and busineeses from an unrivaled resource network. Financial Stability: As the largest asset-based company in the industry with more trucks, landfills, and recycling facilities than any of our competitors, we are positioned to provide unsurpassed service at the most competitive rate to Yorkville. Our assets and strong financial metrics offer peace of mind and security for your residents and businesses. Your Trusted Service Partner Waste Management of Illinois, Inc. 780 N Kirk Rd, Batavia, IL 60510 ii Ethical Responsibility: At the core of everything we do is our firm commitment to adhere to ethical business standards and practices. We have been recognized annually as an Ethical Leader by many organizations, including Ethisphere Institute as a World’s Most Ethical Company” in 2021 for the 12th year, as well as by the Better Business Bureau, Wildlife Habitat Council, and the Dow Jones Sustainability Indexes. These honors reflect our commitment to our employees who strive to take care of our customers, communities, shareholders, environment, and each other. Environmental Stewardship: Environmental stewardship is the core of our business - our promise to customers, our competitive advantage, and our obligation to the locations in which we operate. In a business as highly regulated as ours, protecting the environment, maintaining compliance, and innovating to improve operations requires an unwavering focus, expertise, comprehensive systems, and internal checks and balances. We have a long track record of supporting high regulatory standards and striving to go beyond them. Unparalleled Recycling Program: As North America’s leading post-consumer recycler and largest marketer of residential recyclables, Waste Management has been leading change in the ever-growing and dynamic recycling industry for more than three decades. From the $1 billion we have invested in recycling processing infrastructure to the 15.03 million tons in recyclables we managed in 2020 to the industry’s first recycling education program, Recycle Right - Waste Management is committed to making our world more sustainable. World-Class Customer Service: At Waste Management, our core principles guide everything we do. Providing world-class customer service is at the top of our list. For our customers, a positive customer service experience rarely goes unnoticed, and we believe those everyday interactions are our best opportunity to provide an exceptional experience for Yorkville. We have been nationally recognized for our commitment to unsurpassed customer service, and combined with our tested processes and innovative new technologies, we bring Yorkville a level of service reliability and customer satisfaction that is truly unmatched. State-of-the-Art Technology: We utilize state-of-the-art technology to maximize safety and customer experience and minimize environmental impacts. From mapping and re- routing vehicles in real time via our onboard computers, to using our DriveCam® cameras to capture community safety concerns, to the industry’s largest fleet of trucks that runs on cleaner and quieter Compressed Natural Gas - our technology works for our customers. Commitment to Near-Zero Emissions: Since the early 1990s, Waste Management has prioritized equipment efficiency and innovation to reduce our vehicles’ greenhouse gas (GHG) emissions, in part by converting our diesel trucks to run on cleaner natural gas. For every diesel truck we replace with natural gas we reduce our use of diesel fuel by an average of 8,000 gallons per year along with a reduction of 14 metric tons of GHG emissions per year - the equivalent of a 15 percent emissions reduction per truck. Waste Management’s fleet now includes 10,388 natural gas trucks, the largest heavy-duty natural gas truck fleet of its kind in North America. Waste Management of Illinois, Inc. 780 N Kirk Rd, Batavia, IL 60510 iii Leading Training and Safety Programs: Once hired, our drivers undergo intensive immersion training at our state-of-the-art training centers. Over two weeks, drivers gain experience through classroom training and simulated driving courses that reflect real -life obstacles. At the end of training, each driver receives a comprehensive evaluation that confirms their understanding of and commitment to Waste Management’s culture of safety. Proven Employee Hiring Practices: To provide the safest and most secure service for your residents an businesses, our employees undergo comprehensive background checks and drug testing. Prior to employment, all driver candidates must possess a valid Commercial Driver’s License (CDL) for Class-C trucks and must pass a Department of Transportation (DOT) medical exam. Once employed, all drivers are subject to ongoing drug and alcohol screenings. Commitment to a Diverse Workplace: At Waste Management, we are committed to promoting and fostering a workplace where everyone is valued and respected. Only by fully embracing diversity and the well-being of our employees can we drive superior innovation and service for the customers we serve. Through recruitment and community outreach efforts, we support minority and women’s organizations that strive to improve opportunities for professional development and advancement. We have been recognized for best-in-class business practices by the Human Rights Campaign Foundation, the Hispanic/Latino Professionals Association, DIVERSEability Magazine, and Women’s Choice Award, among others. Commitment to Hiring Veterans: In 2019, Waste Management hired more than 580 veterans, which represented roughly 5.57 percent of our United States hires. Today, we have more than 3,000 veterans - representing 7 percent of our workforce - working in a variety of roles at Waste Management. From 2010 to 2020, we have been named a “Best for Vets” Employer by the Military Times and a Top Military Friendly® Employer by G.I. Jobs/military.com. We take great pride in hiring, training, promoting, and retaining veterans within our company. Waste Management is and will continue to be Del Mar’s Tested, Proven, and Trusted partner. Thank you for your partnership. Sincerely, Vaughn Kuerschner, Public Sector Representative (847) 947-9941, vkuersc1@wm.com iv Data contained in this proposal represents the most recently published information for Waste Management’s wholly owned operations, unless otherwise indicated. TABLE OF CONTENTS 1 | Proposer/Contract Form ........................................................................................................................... 1 2 | Vendor W-9 Request Form ...................................................................................................................... 2 3 | Proposer’s Certification ............................................................................................................................ 3 4 | General Price Quotation Sheet ................................................................................................................ 6 5 | Required Recyclables to be Collected ..................................................................................................... 7 6 | Schedule of Alternatives and Deviations ................................................................................................. 9 7 | Schedule of Illinois Municipalities Served .............................................................................................. 12 8 | Location of Disposal Facilities ................................................................................................................ 13 9 | Contractor Qualifications ........................................................................................................................ 15 10 | Bid Bond Documentation ..................................................................................................................... 17 11 | Certificate of Insurance ........................................................................................................................ 24 12 | Signed Addenda ................................................................................................................................... 27 13 | Operational Approach .......................................................................................................................... 31 Proposal................................................................................................................................................... 34 Alternate Proposal with Household Hazardous Waste Collection .......................................................... 39 Value Add Services ................................................................................................................................. 42 Customer Service .................................................................................................................................... 44 Safety – a core value for waste management ......................................................................................... 47 14 | Conclusion............................................................................................................................................ 51 1 1 | PROPOSER/CONTRACT FORM (800) 964-8988 6 4 | GENERAL PRICE QUOTATION SHEET Waste Management provides each customer exceptional service at an outstanding value. Our goal is not to be the lowest cost se rvice provider, but to provide the most value to our customers through our assets, skilled employees that can focus on safety, unpa ralleled customer service, and innovative technology - all while providing consistent, quality service over the full life of the contract. When combined, these benefits allow Yorkville to rely on us for all waste management needs and save on your most valuable resource – time. Plan Description May 1, 2022 to April 30, 2023 May 1, 2023 to April 30, 2024 May 1, 2024 to April 30, 2025 May 1, 2025 to April 30, 2026 May 1, 2026 to April 30, 2027 Refuse Collection 35 Gallon Tote $28.07/month/home $29.19/month/home $30.36/month/home $31.57/month/home $32.83/month/home 65 Gallon Tote $29.03/month/home $30.19/month/home $31.40/month/home $32.66/month/home $33.97/month/home 96 Gallon Tote $29.03/month/home $30.19/month/home $31.40/month/home $32.66/month/home $33.97/month/home Total $86.13 $89.57 $93.16 $96.89 $100.77 Plan Description May 1, 2022 to April 30, 2023 May 1, 2023 to April 30, 2024 May 1, 2024 to April 30, 2025 May 1, 2025 to April 30, 2026 May 1, 2026 to April 30, 2027 Refuse Collection & Household Hazardous Waste 35 Gallon Tote $28.07/month/home $29.19/month/home $30.36/month/home $31.57/month/home $32.83/month/home 65 Gallon Tote $29.03/month/home $30.19/month/home $31.40/month/home $32.66/month/home $33.97/month/home 96 Gallon Tote $29.03/month/home $30.19/month/home $31.40/month/home $32.66/month/home $33.97/month/home Total $86.13 $89.57 $93.16 $96.89 $100.77 7 5 | REQUIRED RECYCLABLES TO BE COLLECTED Waste Management takes exceptions to the required recycling list of items to be collected found in Appendix 2 of the City’s RFP. Our list of acceptable materials is reflective of today’s market realities and includes only materials that meet industry quality standards and have viable market demands. However, due to the length of our Agreement with the City of Yorkville, it is important to allow for the possibility that this list may need to be adjusted at some point. Contract language must support our collective need to make changes to acceptable materials to respond to global market demands, as well as protect the quality of materials we process and safeguard the viability of the City’s recycling program. Single Stream Specifications NON-RECYCLABLES include, but are not limited to the following: Plastic bags and bagged materials (even if containing Recyclables) Microwavable trays Porcelain and ceramics Mirrors, window, or auto glass Light bulbs Coated cardboard Soiled paper, including paper plates, cups and pizza boxes Plastics not listed above including but not limited to those with symbols #3*, #4*, #6*, #7* and unnumbered plastics, including utensils Expanded polystyrene Coat hangers Glass and metal cookware/bakeware Household appliances and electronics, Hoses, cords, wires Yard waste, construction debris, and wood Flexible plastic or film packaging and multi- laminated materials Needles, syringes, IV bags or other medical supplies Food waste and liquids, containers containing such items Textiles, cloth, or any fabric (bedding, pillows, sheets, etc.) Excluded Materials or containers which contained Excluded Materials Napkins, paper towels, tissue, paper plates, and paper cups RECYCLABLES must be dry, loose (not bagged), un-shredded, empty, and include ONLY the following: Aluminum cans Newspaper PET bottles with the symbol #1 – with screw tops only Mail HDPE plastic bottles with the symbol #2 (milk, water bottles detergent, and shampoo bottles, etc.) Uncoated paperboard (ex. cereal boxes; food and snack boxes) PP plastic bottles and tubs with symbol # 5 - empty Uncoated printing, writing and office paper Steel and tin cans Old, corrugated containers/cardboard (uncoated) Glass food and beverage containers* – brown, clear, or green Magazines, glossy inserts, and pamphlets United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 8 NON-RECYCLABLES include, but are not limited to the following: Any paper Recyclable materials or pieces of paper Recyclables less than 4” in size in any dimension Propane tanks, batteries Cartons* Aseptic Containers* Delivery Specifications Material delivered by or on behalf of Customer may not contain Non-Recyclables or Excluded Materials. “Excluded Materials” means radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous or toxic substance or material, or regulated medical or hazardous waste as defined by, characterized or listed under applicable federal, state, or local laws or regulations, materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended, or other regulations or ordinances or other materials that are deleterious or capable of causing material damage to any part of Company's property, its personnel or the public or materially impair the strength or the durability of Company's structures or equipment. Company may reject in whole or in part, or may process, in its sole discretion, Recyclables not meeting the specifications, including wet materials, and Customer shall pay Company for all increased costs, losses and expenses incurred with respect to such non-conforming Recyclables including costs for handling, processing, transporting and/or disposing of such non-conforming Recyclable Materials which charges may include an amount for Company's operating or profit margin (“Cost”). Without limiting the foregoing, and Customer shall pay a contamination charge for additional handling, processing, transporting and/or disposing of Non-Recyclables, Excluded Materials, and/or all or part of non- conforming loads and additional charges may be assessed for bulky items such as appliances, conc rete, furniture, mattresses, tires, electronics, pallets, yard waste, propane tanks, etc. Company reserves the right upon notice to discontinue acceptance of any category of materials set forth above as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials. Collected Recyclables for which no commercially reasonable market exists may be landfilled at Customer’s Cost. * Glass may not be accepted in all locations. Cartons, aseptic containers, and other plastics may be allowed if approved in writing by Company. 9 6 | SCHEDULE OF ALTERNATIVES AND DEVIATIONS United City of Yorkville APPENDIX 3 SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum standards outlined in the specifications section of this document. (Please attach additional sheets if necessary.) Section Paragraph Explanation of Alternative/Deviation Page # Section Description of Exception 8 II. (14.) Prevailing Wage Act Exception to the applicability of the Illinois Prevailing Wage Act to this RFP because the waste removal services requested by the United City of Yorkville are not “fixed works constructed or demolished by any public body or paid for wholly or in part out of public funds” under 820 ILCS 130/2. Any reference to the IPWA needs to be deleted. 9 II. (15.6) Contractor takes exception to responding to any claims brought against the City, except such claims resulting from Contractor’s negligent acts. 10 15.8 Contractor takes exception to providing copies of its insurance policies, however, the City may review policies at the Contractor’s headquarters in Houston, TX. 12 29 Exception should be taken to the not to exceed cost if Contractor wants the right to adjust rates for increased costs resulting from uncontrollable circumstances because any price increases require the City’s approval. 18 36.3 Change designed to designated. 21 42.7 Contractor takes exception to returning rejected material to the container as this would require us to sift through the container. 21 42.10 Contractor takes exception to providing the name of the proposed buyer/market for recyclable materials. 22 44.3 Contractor takes exception to providing the name of the proposed buyer/market for organic materials. 23 45.3 Contractor takes exception to providing the name of the proposed buyer/market for materials. 24 51.4 Contractor takes exception to providing revenue received by the sale of recyclables as that is proprietary information. We also take exception to providing tipping fee savings. 25 53.1 Contractor takes exception to taking title to “all refuse” and Contractor shall not take title to hazardous waste, electronic waste or household hazardous waste or any waste not accepted by a disposal facility. 27 58.1 Contractor takes exception to the description of delays in this section and the right of the City Administrator being the judge whether a delay is considered a violation. Waste Management respectfully requests that the City include the following Force Majeure clause in the final Agreement. “Neither Party shall be in default for its failure to perform or delay in performance caused by events beyond its reasonable control, including, but not limited to, strikes, lock outs, labor disputes, riots, imposition of laws or governmental orders, fires, acts of God, and inability to obtain equipment, and the affected party shall be excused from performance during the occurrence of such events; provided, that if the force majeure circumstances persist for more than United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 10 thirty (30) days, the other Party may terminate this Agreement and any or all SOWs without further penalty or liability.” 27 61.1 Contractor takes exception to no rust showing on the cab, chassis, or body of the vehicle. 27 61.1 Contractor takes exception to the address and telephone number being placed on the vehicle. 28 65.1 Contractor takes exception to collecting items that are not considered acceptable items and without being paid for the disposal of same. 30 74.1 Contractor takes exception to the obligation to provide additional hauling equipment in the event it is also impacted by the same emergency or force majeure event. 31 77.1 Contractor takes exception to the short 24-hour cure period and the City’s right to take over Contractor’s equipment and facilities for a period of up to 120 days from the date of the notice of default and requests that this section and 78.2, which is very similar in terms of service failure be revised. 31 78.1 Contractor takes exception to a no strike guarantee. 39 Appendix 2 Contractor takes exception to the required recycling list of items to be collected. Our list of acceptable materials is reflective of today’s market realities and includes only materials that meet industry quality standards and have viable market demands. However, due to the length of our Agreement with the City of Yorkville, it is important to allow for the possibility that this list may need to be adjusted at some point. Contract language must support our collective need to make changes to acceptable materials to respond to global market demands, as well as protect the quality of materials we process and safeguard the viability of the City’s recycling program. Single Stream Specifications NON-RECYCLABLES include, but are not limited to the following: Plastic bags and bagged materials (even if containing Recyclables) Microwavable trays Porcelain and ceramics Mirrors, window, or auto glass Light bulbs Coated cardboard Soiled paper, including paper plates, cups and pizza boxes Plastics not listed above including but not limited to those with symbols #3*, #4*, #6*, #7* and unnumbered plastics, including utensils RECYCLABLES must be dry, loose (not bagged), un-shredded, empty, and include ONLY the following: Aluminum cans Newspaper PET bottles with the symbol #1 – with screw tops only Mail HDPE plastic bottles with the symbol #2 (milk, water bottles detergent, and shampoo bottles, etc.) Uncoated paperboard (ex. cereal boxes; food and snack boxes) PP plastic bottles and tubs with symbol # 5 - empty Uncoated printing, writing and office paper Steel and tin cans Old, corrugated containers/cardboard (uncoated) Glass food and beverage containers* – brown, clear, or green Magazines, glossy inserts, and pamphlets United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 11 Expanded polystyrene Coat hangers Glass and metal cookware/bakeware Household appliances and electronics, Hoses, cords, wires Yard waste, construction debris, and wood Flexible plastic or film packaging and multi-laminated materials Needles, syringes, IV bags or other medical supplies Food waste and liquids, containers containing such items Textiles, cloth, or any fabric (bedding, pillows, sheets, etc.) Excluded Materials or containers which contained Excluded Materials Napkins, paper towels, tissue, paper plates, and paper cups Any paper Recyclable materials or pieces of paper Recyclables less than 4” in size in any dimension Propane tanks, batteries Cartons* Aseptic Containers* Delivery Specifications Material delivered by or on behalf of Customer may not contain Non -Recyclables or Excluded Materials. “Excluded Materials” means radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous or toxic substance or material, or regulated medical or hazardous waste as defined by, characterized or listed under applicable federal, state, or local laws or regulations, materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended, or other regulations or ordinances or other mate rials that are deleterious or capable of causing material damage to any part of Company's property, its personnel or the public or materially impair the strength or the durability of Company's structures or equipment. Company may reject in whole or in part, or may process, in its sole discretion, Recyclables not meeting the specifications, including wet materials, and Customer shall pay Company for all increased costs, losses and expenses incurred with respect to such non-conforming Recyclables including costs for handling, processing, transporting and/or disposing of such non -conforming Recyclable Materials which charges may include an amount for Company's operating or profit margin (“Cost”). Without limiting the foregoing, and Customer shall pay a contamin ation charge for additional handling, processing, transporting and/or disposing of Non -Recyclables, Excluded Materials, and/or all or part of non-conforming loads and additional charges may be assessed for bulky items such as appliances, concrete, furnitur e, mattresses, tires, electronics, pallets, yard waste, propane tanks, etc. Company reserves the right upon notice to discontinue acceptance of any category of materials set forth above as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials. Collected Recyclables for which no commercially reasonable market exists may be landfilled at Customer’s Cost. * Glass may not be accepted in all locations. Cartons, aseptic containers, and o ther plastics may be allowed if approved in writing by Company. Waste Management respectfully requests that the City include the following Changes in Law clause in the final Agreement: “Notwithstanding anything to the contrary in the Agreement, Contractor shall be entitled to pass through to, and collect from, the City any additional collection or disposal costs, taxes or surcharges incurred by Contractor as a result of any mandated changes in local, state or federal laws or regulations governing the generation, collection, transportation, processing, sorting and disposal of solid waste and/or recyclable materials.” 12 7 | SCHEDULE OF ILLINOIS MUNICIPALITIES SERVED Waste Management is a trusted environmental solutions partner for communities/businesses/universities throughout Illinois, the United States and Canada. We know Illinois customers, their needs, and their requirements better than any other company. We provide service for many of Yorkville’s neighbors. We have included these customers in the following list of references. We encourage you to contact them so that you may learn firsthand about our excellent record of service with other customers. Municipality Contact Name and Telephone Number Service Dates Explanation of Collection and Disposal Program United City of Yorkville Bart Olson 630.553.8537 1/2002 to Present Limited Refuse, Unlimited Recycle and Yard Waste City of Plainfield Amy De Boni 815-439-4255 1/1998 to Present Unlimited Refuse, Recycle and Yard Waste; At Your Door Special Collection City of Sycamore Maggie Peck 815-895-0786 1/2002 to Present Unlimited Refuse, Recycle and Yard Waste; At Your Door Special Collection City of Batavia Scott Haines 630-254-2400 1/2002 to Present Sticker or Cart Service City of Elgin Aaron Neal 847-931-6099 1/2002 to Present Limited Refuse, Unlimited Recycle, Stickered Yard Waste; At Your Door Special Collection 13 8 | LOCATION OF DISPOSAL FACILITIES United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 14 15 9 | CONTRACTOR QUALIFICATIONS United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 16 WASTE MANAGEMENT OF ILLINOIS, INC. Directors and Officers As of October 15, 2021 Name Title Address Harry C. Lamberton, III President and Director 700 E. Butterfield Road 3rd Floor Lombard, IL 60148 Mark A. Lockett Vice President and Assistant Treasurer 800 Capitol Street Suite 3000 Houston, TX 77002 Kevin M. McDonough Vice President and Assistant Secretary 700 E. Butterfield Road 3rd Floor Lombard, IL 60148 Leslie K. Nagy Vice President, Chief Financial Officer and Controller 800 Capitol Street Suite 3000 Houston, TX 77002 David L. Reed Vice President and Treasurer 800 Capitol Street Suite 3000 Houston, TX 77002 Kelly Rooney Vice President 800 Capitol Street Suite 3000 Houston, TX 77002 Courtney A. Tippy Vice President, Secretary and Director 800 Capitol Street Suite 3000 Houston, TX 77002 Dean H. Vander Baan Vice President 720 E. Butterfield Road, 4th Floor Lombard, IL 60148 James A. Wilson Vice President 720 E. Butterfield Road 4th Floor Lombard, IL 60148 Jeff R. Bennett Assistant Treasurer 800 Capitol Street Suite 3000 Houston, TX 77002 John S. Skoutelas Assistant Secretary 100 Brandywine Blvd 3rd Floor Newtown, PA 18940 Micah S. Hamstra Assistant Secretary 720 E. Butterfield Road 4th Floor Lombard, IL 60148 24 11 | CERTIFICATE OF INSURANCE Certificates of Insurance Waste Management secures gold-standard insurance coverage to protect our partners. Going above and beyond, we provide environmental site liability coverage, which covers all active sites that are owned or operated by Waste Management. It offers third-party liability for bodily injury and property damage, and off-site clean-up coverage, coverage for both sudden and non-sudden pollution incidents, and transportation coverage including the loading and unloading of the vehicle. Yorkville can rest easy with Waste Management as your service provider knowing that you are always protected by best -in-class insurance. Copies of our certificates of insurance are included on the following pages. 30 Price Quotation Sheet Appendix 1 Plan Description May 1, 2022 to April 30, 2023 May 1, 2023 to April 30, 2024 May 1, 2024 to April 30, 2025 May 1, 2025 to April 30, 2026 May 1, 2026 to April 30, 2027 Refuse Collection 35 Gallon Tote $ $ $ $ $ 65 Gallon Tote $ $ $ $ $ 96 Gallon Tote $ $ $ $ $ Total $ $ $ $ $ Plan Description May 1, 2022 to April 30, 2023 May 1, 2023 to April 30, 2024 May 1, 2024 to April 30, 2025 May 1, 2025 to April 30, 2026 May 1, 2026 to April 30, 2027 Refuse Collection & Household Hazardous Waste 35 Gallon Tote $ $ $ $ $ 65 Gallon Tote $ $ $ $ $ 96 Gallon Tote $ $ $ $ $ Total $ $ $ $ $ Yorkville Solid Waste Collection Services RFP 31 13 | OPERATIONAL APPROACH A Seamless Implementation with a Trusted Partner Brand Protection Yorkville’s brand is a valued asset, and protecting that value is imperative. Cities with such an investment seek partners that are committed to providing authentic levels of environmental indemnification, the highest compliance and ethical standards, strong safety practices, and the respect of relevant regulatory agencies. As the nation’s leading environmental services company, these very traits are the cornerstone of our brand. We stake our brand on protecting yours. Our service history gives us the advantage of experience and perspective, quantifiable advantages for making solid recommendations for the City. Continuity of Service Waste Management will continue to provide collection services for the City of Yorkville on Monday, Tuesday, Thursday, and Friday with no route changes. This will provide continuity of service and avoid any confusion and disruption for residents. In the event there is a need to change the collection day, or a collection day is added, Waste Management will notify the City at least 30 days prior to the implementation of the change. Waste Management will also notify residents prior to the change. The new contract allows for a five-year term with a one year extension. Critical Yorkville Collection Equipment/Resources in Place Today Key to all successful new contract implementations is having the most basic collection equipment and resources in place, tested, and proven. We understand one of Yorkville’s top priorities is for their collection partner to deliver the base collection services - confirming customers have containers to put materials into and that materials are collected on time and in a professional and safe manner. All of Waste Management’s Yorkville collection equipment and resources are already in place, eliminating any opportunity for customer disruption associated with a new contract implementation. United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 32 Core Collection Equipment and Resources Waste Management Competency Benefits to the United City of Yorkville Drivers Our Yorkville driving team is made up of local, long-tenured drivers that have successfully completed rigorous safety and customer service training requirements and that know each neighborhood, street, and home in your community. • Safer more experienced drivers in your community • Existing customer knowledge and personalized customer service • No driver learning curve resulting in fewer missed pickups Trucks Waste Management’s fleet of collection vehicles are already in place. All our vehicles are subject to daily preventive maintenance and safety inspections. Our fleet is maintained to the highest safety standards and is fully compliant with local and federal safety standards. • Trucks are not subject to manufacturing delays and are guaranteed ready-to-roll on day one of the new contract • Reliable collection vehicles with fewer breakdowns resulting in on-time collection Routes and Customer Data No changes to current collection schedules will be associated with our transition. Waste Management collection routes were created with eRouteLogistics® software and consider local traffic patterns, truck capacity and disposal locations. • No missed pickups associated with resident confusion caused by collection day changes • Maximum route efficiency provides the greatest fiscal value for ratepayers • Less wear and tear on City streets Onboard Computing System (OCS) Each of our Yorkville collection trucks that service the City are already equipped with onboard tablets that display drivers’ exact route, all scheduled collections, and relevant account notes such as container placement. The tablets include GPS technology that allow drivers to capture route data in real-time. Drivers note the status of each collection (i.e., collected or a service exception). • Collection statuses minimize the opportunity for missed collections • Provides customer service representatives with near real-time field data to assist with customer service calls/interactions United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 33 Local, Regional, and National Resources for Yorkville With Waste Management as your partner, Yorkville will receive more than simple collection services. You will have an ally with unmatched resources that give you peace of mind that your waste, recycling, and landscape waste materials will be collected, transferred, processed, and disposed of, even during emergency and natural disaster situations. Collections will be managed using proven best practices in full compliance with all local, state, and federal regulations. Local support: Within a two-hour drive, there are seven other Waste Management hauling sites. This means that if there is a need, we can redeploy equipment and people to the United City of Yorkville the same day. While we always strive to have our fleet on the road and not in the shop, garbage trucks are complicated pieces of machinery, and they occasionally break down. Having the ability to share resources within a small geographic area allows us to keep rates low and service your residents without interruption. Regional support: Our regional operations include hauling districts, transfer, and post collection facilities throughout Illinois, Missouri, Iowa, Nebraska, Kansas. This allows our team to respond to regional events with seamless support. Needed containers, trucks, drivers, and managers can be requested from our area to support unusual events if ever needed. These resources can be deployed the same day. National support: As the leading waste provider in North America, Waste Management can get the best rates and availability from our truck, container, and office equipment vendors. In the event of an emergency or natural disaster, we can pull additional resources from our hauling districts throughout the nation. Your WM Team would bring their local residents knowledge and experience to continue to serve as the service providers of the equipment and resources for the United City of Yorkville. National support Regional support Local support City of Yorkville United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 34 PROPOSAL The following is a qualified proposal from Waste Management in response to the City of Yorkville’s RFP. Refuse Collection Residents have the option of a 96, 64, or 35-gallon refuse cart with limited refuse collection service. A 64-gallon cart is the default cart size. Additional refuse may be placed in bags/containers with handles not exceeding 32-gallons in size and 50 lbs. in weight. A sticker is required for each additional bag/container to be serviced. Bulk Item Collection One bulk item is included in weekly service, no sticker required. Bulk items must weigh less than 50 pounds and be reasonably managed by one person. Additional bulk items require one (1) sticker to be serviced. Collection of bulk items weighing more than 50 pounds must be prescheduled by calling Waste Management Customer Service at 800-964-8988. White Goods Collection Waste Management will collect white goods (appliances) at the curb. White goods collection must be prescheduled and prepaid ($40.00 per item) by calling Waste Management Customer Service at 800-964- 8988. Recycle Collection Waste Management will provide unlimited recycle service. Residents have the option of a 96, 64, or 35-gallon recycle cart with unlimited recycle collection service. A 64-gallon cart is the default cart size. Additional recycle material may be placed in containers with handles not exceeding 32-gallons in size and 50 lbs. in weight. Additional containers must be clearly labeled “RECYCLE”. Residents may rent an additional recycle cart from Waste Management for $3.50/month. Acceptable Recyclable Materials As a society, we understand that recycling is important, but for recycling to make an impact, we have to recycle right. Today’s most successful and sustainable recycling programs emphasize the value of the acceptable materials. We must ask ourselves, does this material have a viable market? If the answer is yes, we must also confirm the material we are recycling is properly prepared, clean, and free from contamination. Our list of acceptable materials is reflective of today’s market realities and includes only materials that meet industry quality standards and have viable market demands. However, due to the length of our Agreement with the City of Yorkville, it is important to allow for the possibility that this list may need to be adjusted at some point. Contract language must support our collective need to make changes to acceptable materials to respond to global market demands, as well as protect the quality of materials we process and safeguard the viability of the City’s recycling program. United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 35 Single Stream Specifications NON-RECYCLABLES include, but are not limited to the following: Plastic bags and bagged materials (even if containing Recyclables) Microwavable trays Porcelain and ceramics Mirrors, window, or auto glass Light bulbs Coated cardboard Soiled paper, including paper plates, cups and pizza boxes Plastics not listed above including but not limited to those with symbols #3*, #4*, #6*, #7* and unnumbered plastics, including utensils Expanded polystyrene Coat hangers Glass and metal cookware/bakeware Household appliances and electronics, Hoses, cords, wires Yard waste, construction debris, and wood Flexible plastic or film packaging and multi- laminated materials Needles, syringes, IV bags or other medical supplies Food waste and liquids, containers containing such items Textiles, cloth, or any fabric (bedding, pillows, sheets, etc.) Excluded Materials or containers which contained Excluded Materials Napkins, paper towels, tissue, paper plates, and paper cups Any paper Recyclable materials or pieces of paper Recyclables less than 4” in size in any dimension Propane tanks, batteries Cartons* Aseptic Containers* Delivery Specifications Material delivered by or on behalf of Customer may not contain Non-Recyclables or Excluded Materials. “Excluded Materials” means radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous or toxic substance or material, or regulated medical or hazardous waste as defined by, characterized or listed under applicable federal, state, or local laws or regulations, materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated RECYCLABLES must be dry, loose (not bagged), un-shredded, empty, and include ONLY the following: Aluminum cans Newspaper PET bottles with the symbol #1 – with screw tops only Mail HDPE plastic bottles with the symbol #2 (milk, water bottles detergent, and shampoo bottles, etc.) Uncoated paperboard (ex. cereal boxes; food and snack boxes) PP plastic bottles and tubs with symbol # 5 - empty Uncoated printing, writing and office paper Steel and tin cans Old, corrugated containers/cardboard (uncoated) Glass food and beverage containers* – brown, clear, or green Magazines, glossy inserts, and pamphlets United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 36 under any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended, or other regulations or ordinances or other materials that are deleterious or capable of causing material damage to any part of Company's property, its personnel or the public or materially impair the strength or the durability of Company's structures or equipment. Company may reject in whole or in part, or may process, in its sole discretion, Recyclables not meeting the specifications, including wet materials, and Customer shall pay Company for all increased costs, losses and expenses incurred with respect to such non-conforming Recyclables including costs for handling, processing, transporting and/or disposing of such non-conforming Recyclable Materials which charges may include an amount for Company's operating or profit margin (“Cost”). Without limiting the foregoing, and Customer shall pay a contamination charge for additional handling, processing, transporting and/or disposing of Non-Recyclables, Excluded Materials, and/or all or part of non- conforming loads and additional charges may be assessed for bulky items such as appliances, concrete, furniture, mattresses, tires, electronics, pallets, yard waste, propane tanks, etc. Company reserves the right upon notice to discontinue acceptance of any category of materials set forth above as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials. Collected Recyclables for which no commercially reasonable market exists may be landfilled at Customer’s Cost. * Glass may not be accepted in all locations. Cartons, aseptic containers, and other plastics may be allowed if approved in writing by Company. Recycle Right Curbside Recycle Education The US national average for recycle contamination is 25% or one in every four items placed in a recycle cart is a contaminant. The best way to combat the contamination issue and the rising cost of recycling is effective and consistent resident education and enforcement. In partnership with the City of Yorkville, we would like to introduce Waste Management’s highly successful Recycle Right curbside recycle education program. Recycle Right is a simple, back to basics education program that has been highly successful in changing resident behavior. Recycle Right has three simple rules: We must work together to continually educate residents on how to recycle right and how they can do their part to safeguard the viability of the City of Yorkville’s recycling program. United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 37 How will the curbside education program work? Waste Management will tag recycle carts that are contaminated (not acceptable for collection). The driver will identify the contamination on the tag. The resident is asked to remove the contamination from the recycle cart so it can be serviced on the next scheduled service day. There will be a two-week education period when contaminated carts will be tagged and serviced. After two weeks contaminated carts will be tagged and not serviced. The material will be collected on the next scheduled service day if the resident removes the contamination. An example of the Recycle Right recycling tag is shown below. A baseline audit of the City of Yorkville’s recyclable materials will be completed before the rollout of the Recycle Right curbside recycling education program. A second audit will be completed after one year to measure the progress and then work with the City to develop the next phase of the outreach plan. As part of Waste Management of Illinois, Inc.’s commitment to recycling and our customers, we built a new, state of the art recycling material recovery facility in Hodgkins, IL. The new facility is more mechanized, designed to improve commodity recovery and increase the recycling capacity in the Chicagoland market while providing flexibility to meet material markets demands for cleaner feedstock. Yard Waste Collection Waste Management will provide unlimited yard waste service. Yard waste may be placed in brown paper yard waste bags, containers with handles, and/or bundles from April through the first full week of December. Bags and containers may not exceed 32-gallons in size and 50 lbs. in weight. Containers must be clearly labeled “YARD WASTE”. Bundles must be securely tied and not exceed four feet in length and two feet in diameter. Individual branches may not exceed two inches in diameter. Note: Landscape waste does not include dirt, sand, rocks, concrete, sod, tree stumps, and similar materials. United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 38 Christmas Tree Collection Waste Management will collect Christmas trees for the first two weeks in January at no additional cost. Electronic Waste Management Waste Management will provide collection service for electronic waste (as defined in the RFP). Residents must call Waste Management Customer Service at 800-964-8988 to schedule service at no additional cost. Items must be properly prepared to be collected. Organics Collection Residents have the option of weekly organics collection service from April 1 through the first full week of December. The service will piggyback yard waste service (April through first full week of December). The service will require residents to use a 64-gallon cart from Waste Management at no additional fee. Organics and yard waste may be collected together in the cart. Organics includes food waste, but no meat, bones or paper products. Residents may opt in for this service by calling Waste Management Customer Service at 800-964-8988. Amnesty Days Waste Management will provide spring and fall curbside collection of additional refuse, yard waste and bulk items on two dates mutually agreed upon by the City and Waste Management. White Goods and up to four (4) automobile tires (tires must be removed from the rims) are included at no additional charge. City Owned Buildings and Properties Waste Management will provide weekly (or as needed) refuse and recycling collection for the City of Yorkville buildings and properties as listed in Exhibit B of the RFP. Waste Management will also provide the City (20) 20cy roll off containers at 651 Prairie Pointe Lane in late summer of 2022. City Special Events Waste Management will provide refuse and portable toilet services for the following City of Yorkville’s special events. • Summer Solstice, 131 E Hydraulic Ave - Riverfront Park ▪ 10 standard units ▪ 1 handicap unit ▪ 2 handwashing units ▪ Units need to be serviced Saturday morning ▪ 1 – 10yd roll off • 4th of July Celebration, 301 N Bridge St - Town Square Park ▪ 10 standard units ▪ 2 handicap units ▪ 2 handwashing units ▪ 1 – 30yd roll off • 4th of July Celebration, 797 Game Farm Rd - Yorkville High School in the Southeast corner of parking lot ▪ 2 standard units Yorkville River Fest, 131 E Hydraulic Ave - Riverfront Park ▪ 12 standard units ▪ 2 handicap units ▪ 3 handwashing units ▪ Units need to be serviced on Saturday morning ▪ 1 – 10yd roll off Hometown Days Festival, 908 Game Farm Rd - Beecher Community Park • 26 standard units United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 39 • 6 handicap units • 12 handwashing units • Units need to be serviced on Saturday and Sunday morning • Additionally, toilet paper and hand towels will be needed so staff can replenish when needed • 3 – 20yd roll off Yorktober Fest, 201 E Hydraulic Ave - Riverfront Park • 8 standard units • 1 handicap unit • 2 handwashing units • 1 – 10yd roll off Yorkville Holiday Celebration, 201 E Hydraulic Ave - Riverfront Park • 2 standard units • 1 handicap unit • 1 handwashing unit ALTERNATE PROPOSAL WITH HOUSEHOLD HAZARDOUS WASTE COLLECTION Waste Management will provide collection service for household hazardous waste and electronic waste as defined below. Waste Management will provide this service through its At Your Door Special Collection program at no additional charge. At Your Door Special Collection A Convenient, Year-Round Home Collection Service for Household Hazardous Waste and Electronic Waste Waste Management’s At Your Door Special Collection service is the best solution for residents to properly manage household hazardous waste (HHW) and electronic waste (e-waste). As North America’s leading environmental solutions company, Waste Management makes it easy for residents to dispose of these items by collecting the materials at their door – safely, easily, and responsibly. At Your Door Special Collection is an easy -to-use service where residents can schedule a collection at any time throughout the year, when it is convenient for them. It is a recycling program, and it supports the City of Yorkville’s green initiatives. Currently we service more than 250,000 homes in the Chicago area. The service is unmatched in the industry. 24/7 Collection Scheduling for Customers Customers can easily reach out to the At Your Door Special Collection service team and schedule a home collection via phone or internet. Our Operations Service Center accepts calls Monday through Friday from 5:00AM and 5:00PM PST at (800) 449-7587, while our website, wmatyourdoor.com, is accessible 24/7. An automated call system is also available after hours and on holidays. Highly trained Customer Feedback is Crucial To increase communication with residents and provide feedback on the At Your Door Special Collection service, participants are encouraged to provide feedback on the program and may be sent a survey. In addition, if a resident has a question about an item or has questions on how this service works, they are welcome to reach out to the Operations Service Center staff. Residents receive a collection kit sent to their house via U.S. mail, then package their unwanted materials and schedule a pickup. United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 40 staff from our U.S.-based Operations Center will process customer service requests. They are also available to answer any questions customers may have on the At Your Door Special Collection service, such as how to properly package or set out materials for collection. Collection Kit Streamlines Process Once collection is scheduled, we will send a collection kit to the participant through U.S. mail, and the resident will then package the materials and place them out on the designated collection date. On the specific collection date, a service technician will arrive at the home, inspect the materials for eligible items, and package the materials based upon hazard classification. All materials must be placed outside of the home near the front door or garage area. Participants are not required to be pres ent during the collection. Acceptable Materials in the Program The following list includes the most common eligible items for the At Your Door Special Collection service. This list is not all-inclusive, and the full list of eligible items may vary depending on state and local regulations. Waste Management reserves the right to modify the list. Garden Chemicals • Insect sprays/Insecticides • Weed killers/Fertilizer/Herbicides/ Pesticides • Other poisons Household Cleaners • Ammonia • Floor stripper/Floor cleaner • Drain/Tile/Shower/Toilet bowl cleaner • Carpet/upholstery cleaner • Rust remover Paint Products • Oil based/Latex paint • Stripper and thinner • Caulking • Wood preservative and stains • Sealers • Spray paint/Artist paint Automotive Material • Motor oil • Antifreeze • Waxes/Polishes • Cleaners • Brake fluids • Used oil filters • Transmission fluid Misc. Household • Household batteries • Florescent tubes/ Compact fluorescent bulbs • High intensity lamps • Hobby glue • Driveway sealer (up to 5-gallon max) Electronics with Circuit Boards (up to 25 lbs.) • Televisions (up to 1 max.) • Computer monitors • CPU/computer tower (up to 1 max.) • Laptop/Tablet computers • Keyboard • Mouse • Fax machine • Desktop printer/scanner • CD ROM • DVD/CD/VCR/tape player • Cellphone • MP3 player, iPod, music player • Microwave oven • Related cords • Gaming consoles Swimming Pool Chemicals • Pool acid • Chlorine: tablets, liquids • Stabilizers United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 41 • Windshield washer fluid • Hydraulic fluid • Vehicle batteries (up to 4 max.) • Gasoline and Diesel fuel (must be placed in containers designed and sold for containment and transportation of fuel (up to 5-gallon max) Flammable & Combustible Materials • Kerosene and Solvents Mercury Containing Devices • Thermostats • Thermometers • Switches Excluded Materials Items that are not part of the At Your Door Special Collection service include: • Collection service includes Biological waste • Liquid mercury/elemental mercury • Ammunition • Broken items that contain mercury • Explosives • Materials improperly packaged for transport • Appliances • Materials in leaking containers • Medicines/pharmaceuticals • Asbestos • Unknown or unlabeled materials • Tires • Construction-related materials • Smoke detectors • Containers over 5 gallons • Commercial chemicals • Fire extinguishers • Trash that may contain radioactive materials • Food waste • White goods including bulky items • Radioactive materials Disposal The goal of Waste Management’s At Your Door Special Collection service is to maximize the percentage of home generated special materials that are recycled rather than disposed. After collecting the items from the home, the materials are brought to a Waste Management facility. The items are then properly packaged and sent to the appropriate third-party facility for processing. In 2017, 89 percent of the materials collected were recycled. Compliance This program complies with existing applicable federal, state, and local regulations. We will obtain and maintain appropriate permits and approvals to transport and store household hazardous waste and electronics. Safety We have a history of safe collection services due to extensive industry experience combined with specific expertise in household hazardous waste collection. Service technicians complete a 40 -hour HAZWOPER certification program in combination with obtaining a Hazmat endorsement on their Commercial Driver’s License. In addition, they participate in an in-depth employee training program that includes classroom and on-the-job training for collecting and transporting hazardous and potentially hazardous chemicals in a residential setting. United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 42 VALUE ADD SERVICES Bagster and Roll Off Container Bagster Service Bagster Waste Management’s Bagster is a great solution when residents have collection needs that exceed their weekly construction and demolition debris curbside collection. Bagster is ideal for small home improvement construction projects. With this easy-to-use solution, residents simply purchase a Bagster bag at a local home improvement store, fill it, and schedule their collection online or by phone. Visit thebagster.com for more information. Roll Off Container Waste Management offers roll off container service for large home improvement projects. Roll off containers are available in 10, 20 and 30 cubic yard sizes each at different rates. Residents may call Waste Management Customer Service at 800-964-8988 to schedule and pay for a roll off container. Waste Watch Collaborating with Local Law Enforcement to Keep Neighborhoods Safe Serving the same neighborhoods each week allows Waste Management drivers to become familiar with their routes while providing exceptional customer service. Likewise, this level of familiarity enables drivers to identify when a situation does not feel right. From an abandoned car to a door left open, our drivers are in a unique position to act as an extra set of eyes and ears on the street. Our Waste Watch program leverages this advantage by formally teaching Waste Management drivers how to observe and report suspicious activity or an emergency situation to law enforcement. Waste Watch-certified drivers participate in a formal training program administered in collaboration with local public safety and law enforcement officers. Training includes what to look for, how to react, and how to report incidents. Drivers are reminded they should not approach or attempt to resolve a suspicious situation, but they are encouraged to call law enforcement if a situation does not look or feel right. In addition to local agencies, Waste Management partners with National safety-related organizations and programs, including: • AMBER Alert • National Center for Missing and Exploited Children • Community Crime Stoppers • U.S. Department of Homeland Security 43 Urgent messages, such as AMBER Alerts, can be communicated to drivers via our onboard computing system. This allows for instant and geo-targeted communication in case of an emergency. Natural Disaster Assistance Whether necessary due to a natural disaster, extreme weather, or other unforeseen events, Waste Management is always prepared to provide additional support to communities requiring urgent solid waste collection assistance. During extreme weather or natural disasters, some communities are also faced with massive volumes of debris. In such cases, excess supplies of collection equipment including spare vehicles and roll off containers can be quickly accessed, often within hours. Waste Management has the resources, equipment, and personnel to help with the clean -up. In addition to local resources, our emergency response management team can quickly compile licensed, experienced collection drivers, machinery operators, and management staff that are prepared to temporarily relocate and assist within an impacted region. Furthermore, many of our route and district managers hold commercial driver licenses (CDLs) and can perform collection functions as needed. In the event of a manmade or natural disaster including events such as tornado s, floods, etc., Waste Management will work with the City of Yorkville to arrange for special collections to assist with cleanup efforts. We were there to help the residents in Washington, Illinois in 2013 when this community was devastated by an EF-4 tornado. Within 90 seconds, 650 homes were destroyed and nearly 1,000 were severely damaged. Waste Management assisted the City in damage assessment and provided, at the City’s request, 24-hour operation of our East Peoria Transfer Station as a destination for all collected debris in the initial phase of the cleanup. As the City realized that they faced a 60,000 cubic yard debris field, Waste Management assumed total responsibility for consolidation of the debris at the curb line, loading the consolidated debris into Waste Management supplied transfer trailers, transportation to the Peoria City/County Landfill #2, a Waste Management facility, and disposal of all the landfilled debris. We also supplied operators and grapples for the effort, as well as front end loaders, semi dump trailers, and transfer trailers and drivers. Waste Management’s portion of the debris removal was accomplished in less than four weeks. In all, Waste Management received more than 25,000 tons of tornado debris, with more than 16,000 tons from Waste Management staged and directed collection and cleanup activities. We have also provid ed similar services to the communities of Coal City and Fairdale. We pledge the same level of commitment to the City of Yorkville. Indemnification A thorough examination of any indemnification offering requires two elements to truly protect the interests of the residents of Yorkville. The first element is the integrity of the final disposal site and its compliance with environmental regulations to protect its customers. The second element is the assets brought to the offering by the indemnification provider. United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 44 Our environment is one of the most important issues we face today. Environmental responsibility is an integral part of our business and making that philosophy a reality is the essence of everything we do at Waste Management. Our goal is to help municipalities successfully address the complex environmental issues facing their community. Our capabilities ensure that Waste Management can help our customers meet the highest environmental standards and protect themselves at the same time. Our indemnification offer simply has no equal in our industry. Waste Management internalizes the management of the City of Yorkville’s waste at its landfill and processing facilities. This internalization allows us to provide the city with indemnification of their waste. This assurance of indemnification provides the City with peace of mind that their waste is managed according to and often exceeding local, state, and federal regulations. CUSTOMER SERVICE Billing Waste Management will bill the City monthly for all serviced units within the respective municipality. The City will provide Waste Management with the number of occupied units within the municipality on a monthly basis. Additionally, Waste Management and the City will conduct home count audits annually due to the growth of the community. Reporting Waste Management will provide the City with the following reports: • Monthly volume report (refuse, recycle, yard waste, electronic waste) • Monthly Haul or Call Report • Weekly missed pickup and resolution report • Monthly At Your Door Special Collection volume report (if the City elects Household Hazardous Waste Collection) Holidays Waste Management observes the following six (6) national holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. If a holiday falls on a scheduled service day, service will be performed on the next business day including Saturday. Holidays falling on Sunday are typically observed on the following Monday, so service would be on the following Tues day. Customer Service 24/7 Yorkville residents have many options for how and when they interact with Waste Management. Whether via by phone, Live Chat, online at wm.com or through our mobile app, customers want an interaction that is fast, friendly, and convenient. Waste Management’s dedicated Customer Service Team supports the City customers by managing our phone, email, and online customer service functions and are ready to serve Yorkville residents on day one of the new contract. Call Center Waste Management maintains a call center with trained agents in the services provided to the City of Yorkville. Agents are available Monday through Friday 7:00AM to 5:00PM to answer any service calls United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 45 from Yorkville residents. All calls will be given prompt and courteous attention. In the case of a missed scheduled pickup, Waste Management will arrange for a pickup within 24 hours of being notified of the missed pickup. Waste Management will maintain a log of complaints , which shall be made available to Yorkville Staff for inspection upon request. The Call Center is closed on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. In the event of an outage at our regional customer service center, Waste Management maintains other customer service centers throughout the United States that can support Yorkville calls if needed. Our technology infrastructure allows calls to be rerouted among Waste Management call centers in other regions in the event of an emergency (e.g., power outage, natural disaster, etc.). All agents have access to our Knowledgebase Management Tool, “Green Pages,” and can assist Yorkville residents at all times with community-specific information. Complaint Procedure Service issues are managed through a ticket system. Each ticket is created in an open status and requires closure upon completion of requested action and/or resolution. Local management and their teams are responsible for providing requested service and/or issue resolution and to monitor the status of all tickets for timely service completion. • If an issue requires immediate attention and/or escalation, an email is also sent to the attention of the operations management team.   • If a repeat issue occurs within two months, a ticket is also opened to alert the operations management team that a recurring problem exists. Waste Management has developed a quality control program that includes performance standards for ticket creation, closure, tracking, and service recovery. Local management is responsible and accountable for these performance standards. Waste Management will provide the City with the following customer service reports that summarize service issue. • Weekly missed pickup and resolution report United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 46 • Monthly Haul or Call Report Local Website Waste Management will develop a customized website, tailored to the City of Yorkville that includes meaningful service information and resources that reflect the interests of your residents. Using Waste Management’s local website, residents can easily find City-specific service information, disposal resources, rates, and recycling education. Residents can also: • View pickup and holiday schedule • Request a cart repair • Report a missed pickup • Sign up for autopay or make an online payment • Enroll in paperless billing • Edit account contact information These mockups illustrate this additional option for convenient outreach. We will work with Yorkville to customize all content. United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 47 SAFETY – A CORE VALUE FOR WASTE MANAGEMENT As you know, with WM as your provider – safety will remain a #1 priority for all of our operations in and around Yorkville. As a reminder - historically, waste collection, processing and disposal have ranked among the most dangerous occupations in North America – in fact, the U.S. federal government ranks trash and recycling collection among the top 10 most dangerous jobs in the country. Our employees who collect waste spend much of their workday in traffic, lifting heavy items, operating large vehicles and heavy machinery - all of which can lead to injuries. It is our duty to take every sensible step to prevent injuries in the workplace and return our employees home safely every night. Likewise, Yorkville depends on us to safely collect, process, and dispose of their wastes while being mindful of our actions to protect the environment that we share. Therefore, safety is not just a priority for Waste Management, because priorities often change, safety is a core value for our company. We understand the magnitude of the responsibility we have and strive to confirm that each task, piece of equipment, and company policy and procedure reinforces safe actions and behaviors. Overall injury rates in our industry have improved substantially in recent years and Waste Management’s performance in this area has ranked among the best. We actively work with our trade association, the National Waste & Recycling Association, to advance safety within our industry and among our customer base. You do not need to search long to see how we fulfill our commitment to safety – it is woven into everything we do – from hiring practices to training to advancing safety technologies to preventive maintenance. Our Mission to Zero™ Our internal safety philosophy that we call Mission to Zero™ (or M2Z) means zero tolerance for unsafe behaviors by all employees, with a goal of zero accidents and injuries. All operational employees benefit from the program’s safety training, rulebooks, fleet processes, and standard practices. Over the years, the M2Z approach has resulted in programs that have improved safety performance, including worker injury rates, vehicle collision prevention, and safety leadership development. The program, which ranks among the most far-reaching and comprehensive worker safety plans in our industry, involves classroom instruction, route observation, monitoring of safety data, and driver training. Since its adoption, we have seen significant improvements in on-the-job safety. Elevating Our Safety Performance – From Compliance to Commitment WM is committed to continuous improvement to help our team members protect our communities and return home safely every day. Following are just some of the commitments we make to elevate our safety performance. • Taking an inclusive, People First approach with a comprehensive assessment to review our safety processes, policies, and performance. Driving continuous improvement requires fresh perspectives. Answers to some of our toughest challenges reside with our people, so we are seeking open and honest feedback to elevate our safety culture. • Conducting surveys with our employees to gain valuable insights to help us drive change going forward, ultimately taking our safety program to the next level. • Working toward a world-class culture where every team member understands the importance of safety as a core value and models safe behaviors in all that we do. United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 48 Advancing Safety Technology for Yorkville Our great strides in safety performances reflect an ongoing strategy to leverage technology in our safety processes. In recent years, our Service Delivery Optimization (SDO) program has significantly improved collection and maintenance operations by optimizing our systems through technology that includes onboard computers, routing software and cameras. DriveCam®: Intelligent Dashcam Technology for Safer Collection DriveCam®, one of the safety innovations onboard our trucks, goes beyond traditional dashcams by pairing machine vision with artificial intelligence to identify risks as they occur on the road and respond to the driver with real- time coaching. DriveCam is mounted on the windshield of the interior cab with cab-facing and road-facing cameras. When an unsafe condition is detected, such as critical following distance, lane departure, or imminent collision, the device visually and audibly alerts our drivers, providing an opportunity for self- correction. Additionally, if an event is detected, video data is sent to Waste Management route managers for followup performance coaching with the driver. Recorded events also help us appreciate the many times that our drivers avoid collisions through using proper defensive driving techniques. We believe our investment in DriveCam has contributed to reducing our reported vehicle accidents by almost 80 percent since 2005. DriveCam’s latest technology is currently being installed in Waste Management trucks with a full ro llout expected by summer 2021. Extra Eyes on Your Roads Waste Management drivers can manually trigger recording of video on the DriveCam in the event they witness an emergency situation or suspicious activity. For an in-depth look at DriveCam, visit https://youtu.be/NDvacIfHxy8. United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 49 Back Up Cameras on All Vehicles All Yorkville vehicles include back up cameras that provide a view of the area behind the truck whenever the truck is in reverse. This reduces the potential for backing accidents and enhances pedestrian safety. Leading Safety with Onboard Technology Advancements On-Board Methane Detection On CNG-powered trucks, methane detectors provide immediate visual and audible alarm for potential leaks from fuel tanks or lines. Maximum Idle Time Limit After five minutes, engines turn off to reduce fuel consumption and exhaust emissions. Electric Heated Rear View Mirrors Provides fog and frost-free view of both sides of the truck. Mirrors are adjustable electronically from the driver’s seat to provide an unrestricted view of the sides and rear on the truck. Bus-Boy Mirrors Angled convex mirrors allow the driver an unrestricted view of the area in front of the truck. Especially valuable when children and/or adult pedestrians are present. Trapezoidal Side Lights Floodlights located halfway down the side of the body come on automatically when the truck is in reverse. Bright flood lighting illuminates both sides of the truck and roadway providing added safety. LED Strobe Lights and Flashers Enhances rear of truck visibility for approaching motorists. Improves safety for helpers while working at the rear of service trucks. Sears Air Ride Drivers Seat Provides added comfort and excellent ergonomics for the driver. Includes eight- way adjustability including lumbar support to help reduce driver fatigue and improve overall performance. Reflective Signage/Striping Highly reflective rear of vehicle striping and signage to provide exceptional visibility when approaching trucks from the rear during nighttime hours. Heavy Duty Disc Brakes Provide the best stopping distance for heavy trucks in the industry. Exceeds all applicable Federal Motor Vehicle Safety Administration requirements. Electromagnetic or Hydraulic Driveline Retarders Retarders are silent and provide additional braking capacity. Eight-inch-wide rear brake lining also increases braking capacity and improves vehicle safety. Four Braid Hydraulic Hoses Part of Waste Management’s standard truck body specification, doubling the safety margin against high-pressure hydraulic leakage. Safety: A Commitment to Our Customers and Our Employees There may be no other consideration as important as safety when selecting a service provider for your home, your place of work, or your community. Without a doubt, safety matters. It is no surprise that after a tragedy most will say that as long as their family is healthy and safe, nothing else matters - material items can always be replaced. At Waste Management, we all recognize safety as a core value - from our local District Manager to the drivers, mechanics and staff who represent each district. With a constant focus on and meaningful investments in training, technologies, maintenance and continuous improvement, we will deliver safe and United City of Yorkville RFP-21-01110-010-1-2021/KG - Yorkville Solid Waste Collection Services 50 reliable collection services that protect the customers we serve, the people we employ and the environment we share. CNG (Compressed Natural Gas) Trucks: Cleaner, Quieter, and Cost-Effective Waste Management is proudly transitioning its fleet of trucks to Compressed Natural Gas or CNG. CNG is a fuel used in place of gasoline or diesel that when combusted produces fewer undesirable gases than gasoline or diesel, resulting in improved air quality emissions. In fact, CNG trucks emit nearly zero particulate emissions, reduce greenhouse gas (GHG) emissions by 15 percent, and cut smog-producing NOx emissions by 50 percent compared to the cleanest diesel trucks. In another effort to improve air quality, the engines automatically turn off after five minutes of idling to further reduce emissions and conserve fuel. CNG engines run much quieter than diesel trucks – many customers have commented that they cannot even hear our quieter CNG trucks coming down the street. While our “last generation” natural gas engine cuts smog-producing nitrogen oxide (NOx) emissions by up to 50 percent compared to the cleanest diesels, o ur 2017 near-zero-emission natural gas engine (ISL-G “NZ”) is the cleanest heavy -duty machine ever certified by the California Air Resources Board (CARB). Waste Management helped pioneer this engine with Cummins, and it now provides a 95 percent reduction in NOx emissions compared to the current NOx standard and a 93 percent reduction in NOx compared to the latest diesel engine technology. Additionally, the new engine is already certified at 16 percent below the current GHG emission standard and is 12 perce nt below the 2027 standard. Driving Fewer Miles Efficient logistics are also an effective way to reduce fleet emissions. The logic is simple: a more efficient route means fewer miles traveled, and that translates into reduced fuel consumption and associated emissions. Since 2017, Waste Management’s fleet has reduced miles driven by 2 percent, which equates to an approximate 8.9 million fewer miles a year. Optimizing routes not only reduces our environmental impact, but also increases the quality of service. As we have driven fewer miles, we have improved the number of stops missed for both commercial and residential customers. 51 14 | CONCLUSION Waste Management is your longtime environmental solutions partner. We have provided collection services for the City of Yorkville for many years. You are familiar with our company, our team, and our professional approach over the long term, and we are excited about the opportunity to continue to work with you in managing your collection needs. We believe this to be a significant contract for both Waste Management and the City of Yorkville. As your long-term partner, we are strongly invested in your community and want to be you r waste solutions provider of the future. We understand your priorities, the way you work, and what makes your community such a great place to live, work, and play. This makes us uniquely qualified to provide tailored services to meet your operational needs and the ever-evolving expectations. Secondly, we are committed to strengthening our current relationship by continuing to provide high - quality, reliable service for the entire term of the contract extension. We have already shown ourselves to be a dependable partner in our current contract. We have the resources to make needed adjustments, when necessary, to facilitate continued satisfaction for your residents. Waste Management intends to continue to offer uninterrupted stability backed by innovation, value, and price, and to be an active partner in attaining your goals. Lastly, continuing a partnership with Waste Management will provide your community with uninterrupted, reliable service delivery for an essential and highly regulated operation. There wi ll be no transition period where costly mistakes and problems are most likely to occur, as our team is intimately familiar with your operations and has developed a strong working partnership with your staff. Our best-in-class transfer stations, landfills, and recycling operations, along with our industry-leading safety and environmental practices, will continue to give you the peace of mind that your waste is being managed in full compliance with all regulatory requirements and standards. Waste Management is dedicated to being the best environmental solutions partner for the City of Yorkville now and in the future. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #5 Tracking Number PW 2021-73 Well No. 4 Rehabilitation – Bid Award Public Works Committee – December 21, 2021 Majority Consideration of Award Consideration of Award Brad Sanderson Engineering Name Department Page 2 As a reminder, the water levels in the City’s groundwater supply aquifers continues to decline. The water level in Well 4 has declined to within 50-feet of the pumping assembly and is trending towards a point where the pump could be pumping air in the near future, which could lead to catastrophic failure of the pumping equipment. Therefore, it is important to lower the pump setting as soon as possible. This provides an opportune time to also rehabilitate/replace components of the well equipment. Bids were received, opened and tabulated for work to be done for Water Well No. 4 Rehabilitation at 10:00 a.m., December 7, 2021. Representatives of contractors bidding the project, the City, and our firm were in attendance. A tabulation of the bids and the engineer’s estimate is attached for your information and record. The Bid Schedule consists of a Base Bid Schedule for items that are certain to be required for the project and a Mandatory Alternate Bid Schedule for items that may be required. The pump and motor must be removed from the well and the equipment inspected before a determination can be made regarding the necessity of the Mandatory Alternate Bid Items. Obtaining pricing for these items during the bid promotes competitive pricing from the contractors and helps protect the City against cost escalations during the project. Furthermore, there are some Mandatory Alternate Bid Items that are more likely to be utilized than others, depending on known conditions at the current time, and careful consideration of these items is essential in determining the potential total cost of the project. The project was advertised in the newspaper (The Beacon) and online (Quest.com); EEI also notified three (3) local well contractors, Municipal Well & Pump, Water Well Solutions (WWS), and Layne Christensen Company (Layne), of the project. On December 7, 2021, the City received a bid proposal from Layne and a letter from WWS explaining their reasons for not submitting a bid proposal for this project. WWS's letter documents their unsuccessful attempts to obtain pricing from Layne for Byron Jackson/Flowserve pump and motor (well equipment); attached is a copy of the letter for your information and record. Ultimately, it is Layne's decision on whether to provide pricing for Byron Jackson/Flowserve well equipment to their competition. While we knew it was possible for Layne to control the distribution of bid pricing for the well equipment, we felt it was in the City's best interest to move forward with the Byron Jackson/Flowserve well equipment because they supplied the existing equipment in Well No. 4 (and every other well in Yorkville); and the well equipment has served the City's water supply needs effectively over the years. The City's operations staff is very familiar with the operation and maintenance of Byron Jackson/Flowserve well equipment, Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Rob Fredrickson, Finance Director Jori Behland, City Clerk Date: December 13, 2021 Subject: Water Well No. 4 Rehabilitation Page 2 which is another advantage of utilizing Byron Jackson/Flowserve for this project. Furthermore, it should be noted that Layne provided the services for drilling Well No. 4 and installing the original pump and motor equipment, which gives them a knowledge of the well and equipment that will be beneficial during this project. Lastly, the following language was contained within the bid documents providing the City with flexibility in selecting a contractor: The OWNER reserves the right to reject any and all bid proposals, to contract work with whomever and in whatever manner the OWNER decides, to abandon the work entirely, or to waive any informality or non-substantive irregularity as the interest of the OWNER may require. At this time, we recommend the acceptance of the bid and approval of award be made to Layne Christensen Company, 721 W. Illinois Ave., Aurora, IL 60506, in the amount of $286,627.00. This bid amount is 3.6% below our engineer's estimate of $297,400. If you have any questions or require additional information, please let us know. BID Page 3 ITEM UNIT UNIT NO.ITEM UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT BASE BID ITEMS 1 MOBILIZATION, INCLUDING PERFORMANCE AND PAYMENT BONDS LS 1 7,500.00$ 7,500.00$ 5,000.00$ 5,000.00$ 2 REMOVE EXISTING SHELTER, PUMPING ASSEMBLY, MOTOR, COLUMN LS 1 26,000.00$ 26,000.00$ 32,300.00$ 32,300.00$ PIPING AND APPURTENANCES FROM WELL & TRANSPORT TO SHOP FOR INSPECTION, IN ACCORDANCE WITH THE SPECIFICATIONS 3 INSPECT PUMPING ASSEMBLY AND PREPARE MICROMETER REPORT;LS 1 10,500.00$ 10,500.00$ 5,900.00$ 5,900.00$ INSPECT SUBMERSIBLE MOTOR INCLUDING SEAL, OUTER CAN, BALANCE LINE, TERMINAL LEADS, ELECTRICAL CONNECTIONS, ETC.; INSPECT COLUMN PIPING, SURGE CONTROL CHECK VALVE, AND PREPARE COMPLETE INSPECTION REPORT, IN ACCORDANCE WITH THE SPECIFICATIONS 4 HYPOT TEST THE EXISTING POWER CABLE, IN ACCORDANCE WITH LS 1 1,050.00$ 1,050.00$ 1,035.00$ 1,035.00$ THE SPECIFICATIONS 5 CONDUCT TELEVISION SURVEY, IN ACCORDANCE WITH THE SPECIFICATIONS LS 1 1,600.00$ 1,600.00$ 1,550.00$ 1,550.00$ 6 PERFORM AIR BURST REHABILITATION OF WELL FORMATION, IN LF 180 100.00$ 18,000.00$ 95.00$ 17,100.00$ ACCORDANCE WITH THE SPECIFICATIONS 7 PERFORM BAILING WITH RIG AND TWO-MAN CREW, IN ACCORDANCE WITH HR 8 600.00$ 4,800.00$ 595.00$ 4,760.00$ THE SPECIFICATIONS 8 FURNISH NEW (FACTORY-BUILT) BYRON JACKSON/FLOWSERVE PUMPING ASSEMBLY, EA 1 55,000.00$ 55,000.00$ 50,032.00$ 50,032.00$ IN ACCORDANCE WITH THE SPECIFICATIONS 9 REHABILITATE EXISTING BYRON JACKSON/FLOWSERVE OIL FILLED MOTOR EA 1 10,000.00$ 10,000.00$ 5,100.00$ 5,100.00$ ASSEMBLY, IN ACCORDANCE WITH THE SPECIFICATIONS 10 FURNISH PITLESS ADAPTER O-RINGS, IN ACCORDANCE WITH THE EA 2 85.00$ 170.00$ -$ -$ SPECIFICATIONS 11 FURNISH 1-1/2" PVC CARRIER PIPE FOR LEVEL TRANSDUCER, IN LF 790 2.00$ 1,580.00$ 2.50$ 1,975.00$ ACCORDANCE WITH THE SPECIFICATIONS 12 FURNISH NEW LEVEL TRANSDUCER CABLE (WITH SPLICE), AS REQUIRED LF 150 40.00$ 6,000.00$ 4.50$ 675.00$ TO MEET THE APPROPRIATE DEPTH SETTING OF THE PUMP AND MOTOR, IN ACCORDANCE WITH THE SPECIFICATIONS 13 FURNISH A NEW FLAT CABLE MOTOR ASSEMBLY AND BRONZE TERMINAL LS 1 7,200.00$ 7,200.00$ 6,658.00$ 6,658.00$ CLAMP, IN ACCORDANCE WITH THE SPECIFICATIONS 14 FURNISH NEW POWER CABLE (WITH SPLICE), AS REQUIRED TO MEET THE LF 150 120.00$ 18,000.00$ 92.00$ 13,800.00$ APPROPRIATE DEPTH SETTING OF THE PUMP AND MOTOR, IN ACCORDANCE WITH THE SPECIFICATIONS 15 REHABILITATE THE 10-INCH COLUMN PIPING, IN ACCORDANCE WITH LF 450 30.00$ 13,500.00$ 31.00$ 13,950.00$ THE SPECIFICATIONS 16 FURNISH NEW 10-INCH COATED DISCHARGE COLUMN PIPING WITH THREADED LF 340 100.00$ 34,000.00$ 135.00$ 45,900.00$ COUPLINGS, SET SCREWS AND APPURTENANCES, AS REQUIRED FOR A COMPLETE ASSEMBLY IN ACCORDANCE WITH THE SPECIFICATIONS 17 CUT AND RE-THREAD COLUMN PIPING JOINTS, IN ACCORDANCE WITH EA 20 275.00$ 5,500.00$ 330.00$ 6,600.00$ THE SPECIFICATIONS 18 FURNISH NEW COLUMN PIPING COUPLINGS, IN ACCORDANCE WITH THE EA 20 300.00$ 6,000.00$ 276.00$ 5,520.00$ SPECIFICATIONS 19 CHASING COLUMN PIPING JOINTS, IN ACCORDANCE WITH SPECIFICATIONS EA 10 125.00$ 1,250.00$ 200.00$ 2,000.00$ 20 FACING COLUMN PIPING JOINTS, IN ACCORDANCE WITH SPECIFICATIONS EA 10 125.00$ 1,250.00$ 200.00$ 2,000.00$ 21 FURNISH A 10" DIAMETER BY 2'-6" LONG STAINLESS STEEL PIPE WITH LS 1 3,500.00$ 3,500.00$ 900.00$ 900.00$ ENDS FOR CONNECTING BETWEEN PUMPING ASSEMBLY AND COLUMN PIPING, AS REQUIRED FOR A COMPLETE ASSEMBLY, IN ACCORDANCE WITH THE SPECIFICATIONS 22 FURNISH DISCHARGE COLUMN SURGE CONTROL CHECK VALVE, IN EA 2 1,600.00$ 3,200.00$ 1,536.00$ 3,072.00$ ACCORDANCE WITH THE SPECIFICATIONS 23 FURNISH STAINLESS STEEL BANDING, PIPE DOPE, PVC CENTERING GUIDES, LS 1 4,000.00$ 4,000.00$ 2,600.00$ 2,600.00$ TWO (2) AIRLINES, GAUGES, AND OTHER MISC. FITTINGS FOR COMPLETE INSTALLATION OF PUMP AND MOTOR ASSEMBLY, AND WELD COUPLING TO PITLESS ADAPTER FOR LEVEL TRANSDUCER INSTALLATION, IN ACCORDANCE WITH SPECIFICATIONS 24 INSTALL THE PUMP AND MOTOR ASSEMBLY, SHELTER, COLUMN PIPING,LS 1 40,000.00$ 40,000.00$ 39,700.00$ 39,700.00$ DISCHARGE SURGE VALVES, POWER CABLE, TWO (2) AIRLINE WATER LEVEL INDICATORS, CARRIER PIPE FOR LEVEL TRANSDUCER, EXISTING LEVEL TRANSDUCER, AND ALL ACCESSORIES COMPLETE IN PLACE AND IN OPERATING CONDITION, IN ACCORDANCE WITH THE SPECIFICATIONS 25 CONDUCT PUMPING TEST, IN ACCORDANCE WITH THE SPECIFICATIONS HR 4 1,200.00$ 4,800.00$ 1,250.00$ 5,000.00$ 26 PERFORM WELL DISINFECTION, IN ACCORDANCE WITH THE SPECIFICATIONS EA 2 4,000.00$ 8,000.00$ 4,250.00$ 8,500.00$ 27 DEMOBILIZATION, INCLUDING SITE RESTORATION LS 1 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ TOTAL FOR ITEMS 1 THROUGH 27 AND TOTAL BASE BID FOR WELL NO. 4 REHABILITATION 297,400.00$ 286,627.00$ UNITED CITY OF YORKVILLE "WATER WELL NO. 4 REHABILITATION" BID TAB ENGINEER'S ESTIMATE LAYNE CHRISTENSEN CO 721 W. Illinois Ave. Aurora, IL 60506 (continued)B-01 ITEM UNIT UNIT NO.ITEM UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT MANDATORY ALTERNATE BID ITEMS - WELL NO. 4 REHABILITATION A FURNISH SODIUM HYPOCHLORITE - LIQUID FOR CHEMICAL TREATMENT GAL 10 12.00$ 120.00$ 7.00$ 70.00$ OF WELL B REHABILITATE EXISTING BYRON JACKSON/FLOWSERVE PUMPING EA 1 30,000.00$ 30,000.00$ 15,600.00$ 15,600.00$ ASSEMBLY, INCLUDING SANDBLASTING AND PAINTING THE PUMP, NEW WEAR RINGS AND BUSHINGS, NEW PUMP SHAFT, NEW SS INTAKE SCREEN, AND ZINC SLEEVE BANDING, IN ACCORDANCE WITH THE SPECIFICATIONS C CONVERT EXISTING BYRON JACKSON/FLOWSERVE OIL FILLED TYPE EA 1 150,000.00$ 150,000.00$ 68,400.00$ 68,400.00$ H MOTOR ASSEMBLY TO DOUBLE MECHANICAL SEAL MOTOR AT BYRON JACKSON/FLOWSERVE FACILITY, IN ACCORDANCE WITH THE SPECIFICATIONS D FURNISH A NEW BYRON JACKSON/FLOWSERVE DOUBLE MECHANICAL EA 1 210,000.00$ 210,000.00$ 121,630.00$ 121,630.00$ SEAL MOTOR ASSEMBLY WITH NEW FLAT POWER CABLE ASSEMBLY AND BRONZE TERMINAL CLAMP, IN ACCORDANCE WITH THE SPECIFICATIONS E FURNISH NEW ZINC SLEEVE BANDING ON INSIDE AND OUTSIDE OF COLUMN LS 1 25,000.00$ 25,000.00$ 14,650.00$ 14,650.00$ PIPING, IN ACCORDANCE WITH THE SPECIFICATIONS F FURNISH NEW POWER CABLE (NO SPLICE), AS REQUIRED TO MEET THE APPROPRIATE LS 1 29,000.00$ 29,000.00$ 72,900.00$ 72,900.00$ DEPTH SETTING OF THE PUMP AND MOTOR, IN ACCORDANCE WITH THE SPECIFICATIONS G FURNISH NEW (SHOP-BUILT) BYRON JACKSON/FLOWSERVE PUMPING ASSEMBLY, EA 1 60,000.00$ 60,000.00$ 45,630.00$ 45,630.00$ IN ACCORDANCE WITH THE SPECIFICATIONS ENGINEER'S ESTIMATE LAYNE CHRISTENSEN CO 721 W. Illinois Ave. Aurora, IL 60506 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #6 Tracking Number PW 2021-74 Lake Michigan Allocation – Engineerin Agreement Public Works Committee – December 21, 2021 Majority Approval Bart Olson Administration Name Department Agreement for Professional Services United City of Yorkville, Kendall County, IL Lake Michigan Allocation Permit Application THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment B. Services to be provided include engineering services for the Lake Michigan Allocation Permit Application as indicated on Attachment C. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: Contractor shall receive as compensation for all work and services to be performed herein based on a time and material basis. The Estimate of Level of Effort and Associated Cost, included as Attachment C, suggests the budget for the Contractor’s services to be $88,800. All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, Contractor, on or before February 1st of every given year, shall provide written notice of any change in the rates specified in Attachment C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The contractor agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied). K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimated Level of Effort and Associated Cost Attachment D: Anticipated Project Schedule Attachment E: 2021 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the Contractor: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove, IL 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this ____day of ____________, 2022. United City of Yorkville Engineering Enterprises, Inc.: _________________________________ ________________________________ John Purcell Bradley P Sanderson, P.E. Mayor Chief Operating Officer / President _________________________________ ________________________________ Jori Behland Jeffrey W. Freeman, P.E. CFM, LEED AP City Clerk Chief Executive Officer Attachment A: STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon seven (7) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. Attachment B: SCOPE OF SERVICES Introduction: The United City of Yorkville, along with its Waterlink partners (Villages of Montgomery and Oswego), have selected Lake Michigan as their long-term sustainable water source. The City will need to secure a Lake Michigan Allocation in order to utilize it as their water source. The City would like to proceed with an application for a Lake Michigan allocation with the ultimate goal of receiving an allocation permit. The scope of services for this project includes the development of the application and its supplementary components, as well as consultation services throughout the submittal development and hearing process. The proposed work items for this project are as follows: PROJECT FACILITATION & STATUS REVIEW PROJECT TEAM MEETINGS 0.1 Project Administration 0.2 Data Collation & Status Review Meetings (3 Online Meetings) 0.3 Waterlink Coordination Meetings (2 Online Meetings) 0.4 Pre-Application Meeting With IDNR (Online) APPLICATION PREPARATION 1.1 Coordinate Information Collation 1.2 Summarize Data 1.3 Input Data Into Application 1.4 Application Review & Finalization REPORT IN SUPPORT OF APPLICATION PREPARATION 2.1 Develop Existing & Proposed Wastewater Discharge Location Map 2.2 Summarize Water Demand Projections 2.3 Summarize Existing Water Works System 2.4 Summarize Proposed System 2.5 Summarize Conservation Practices 2.6 Summary Implementation Schedule 2.7 Report Review & Finalization NONREVENUE REDUCTION PLAN PREPARATION 3.1 Summarize Historical Water Loss Audit Results 3.2 Summarize NRW Reduction Strategies and Actions 3.3 Define NRW Reduction Implementation Schedule 3.4 Report Review & Finalization TESTIMONY PREPARATION 4.1 Review and Edit Testimony HEARING PROCESS 5.1 Pre-Hearing Notification 5.2 Pre-Hearing Preparation & Pre-Hearing 5.3 Application Package Revisions 5.4 Application Package Response Testimony 5.5 Hearing Preparation & Hearing The above scope summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope, shall be considered outside the scope of the base contract and will be billed in accordance with the Standard Schedule of Charges. ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2150-P PROJECT TITLE DATE PREPARED BY Lake Michigan Allocation Permit Application ROLE PIC PM PM PE PE GIS Tech ADMIN PERSON BPS JWF MLP ALI KAM MJT DRA RATE $217 $217 $212 $147 $147 $100 $70 PROJECT FACILITATION & STATUS REVIEW PROJECT TEAM MEETINGS 0.1 Project Administration 6 12 18 3,906$ 0.2 Data Collation & Status Review Meetings (3 Online Meetings)3 9 3 3 18 3,681$ 0.3 Waterlink Coordination Meetings (2 Online Meetings)2 4 6 1,302$ 0.4 Pre-Application Meeting With IDNR (Online)2 6 2 2 12 2,454$ Project Facilitation & Project Team Meetings Subtotal:13 31 5 5 - - - 54 11,343$ APPLICATION PREPARATION 1.1 Coordinate Information Collation 2 6 6 6 20 3,890$ 1.2 Summarize Data 1 4 4 30 10 49 7,813$ 1.3 Input Data Into Application 1 4 4 20 8 37 6,049$ 1.4 Application Review & Finalization 2 6 4 6 2 20 3,606$ Application Preparation Subtotal:6 20 18 62 18 - 2 126 21,358$ REPORT IN SUPPORT OF APPLICATION PREPARATION 2.1 Develop Existing & Proposed Wastewater Discharge Location Map 1 6 4 11 1,499$ 2.2 Summarize Water Demand Projections 2 6 8 1,316$ 2.3 Summarize Existing Water Works System 1 6 2 9 1,299$ 2.4 Summarize Proposed System 2 6 4 12 1,716$ 2.5 Summarize Conservation Practices 1 3 4 658$ 2.6 Summary Implementation Schedule 1 3 4 658$ 2.7 Report Review & Finalization 2 4 12 2 20 3,206$ Report in Support of Application Preparation Subtotal:2 12 - 42 - 10 2 68 10,352$ NONREVENUE REDUCTION PLAN PREPARATION 3.1 Summarize Historical Water Loss Audit Results 2 4 10 16 2,752$ 3.2 Summarize NRW Reduction Strategies and Actions 2 2 6 14 4 28 4,598$ 3.3 Define NRW Reduction Implementation Schedule 2 2 6 4 14 2,728$ 3.4 Report Review & Finalization 2 2 4 14 2 24 3,914$ Nonrevenue Reduction Plan Preparation Subtotal:6 8 20 - 42 4 2 82 13,992$ TESTIMONY PREPARATION 4.1 Review and Edit Testimony 4 4 4 12 2,324$ Testimony Preparation Subtotal:4 4 - 4 - - - 12 2,324$ HEARING PROCESS 5.1 Pre-Hearing Notification 1 2 2 4 9 1,225$ 5.2 Pre-Hearing Preparation & Pre-Hearing 12 12 12 36 6,972$ 5.3 Application Package Revisions 2 6 16 24 4,088$ 5.4 Application Package Response Testimony 2 6 12 20 3,500$ 5.5 Hearing Preparation & Hearing 16 16 16 48 9,296$ Hearing Process Subtotal:33 42 - 58 - - 4 137 25,081$ 64 117 43 171 60 14 10 479 84,450 EEI STAFF DIRECT EXPENSES BPS Bradley P. Sanderson, P.E.Printing/Scanning = 250$ JWF Jeffrey W. Freeman, P.E., CFM, LEEP AP Mileage = 100$ TGH Michele Piotrowski, P.E., LEED AP Illinois State Water Survey = 4,000$ ALI Ali Ghasemmi, Ph.D, E.I.DIRECT EXPENSES =4,350$ KAM Kamelia Afshinnia, Ph.D, E.I. MJT Matthew J. Taylor LABOR SUMMARY DRA Deborah R. Anderson EEI Labor Expenses = 84,450$ TOTAL LABOR EXPENSES 84,450$ TOTAL COSTS 88,800$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com PROJECT TOTAL: JWF12/16/21 COSTTASK NO.TASK DESCRIPTION HOURS ATTACHMENT D: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2150-P PROJECT TITLE DATE PREPARED BY Lake Michigan Allocation Permit Application JWF JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC PROJECT FACILITATION & STATUS REVIEW PROJECT TEAM MEETINGS 0.1 Project Administration 0.2 Data Collation & Status Review Meetings (3 Online Meetings) 0.3 Waterlink Coordination Meetings (2 Online Meetings)0.4 Pre-Application Meeting With IDNR (Online) APPLICATION PREPARATION 1.1 Coordinate Information Collation 1.2 Summarize Data 1.3 Input Data Into Application1.4 Application Review & Finalization REPORT IN SUPPORT OF APPLICATION PREPARATION 2.1 Develop Existing & Proposed Wastewater Discharge Location Map 2.2 Summarize Water Demand Projections 2.3 Summarize Existing Water Works System 2.4 Summarize Proposed System 2.5 Summarize Conservation Practices 2.6 Summary Implementation Schedule2.7 Report Review & Finalization NONREVENUE REDUCTION PLAN PREPARATION 3.1 Summarize Historical Water Loss Audit Results 3.2 Summarize NRW Reduction Strategies and Actions 3.3 Define NRW Reduction Implementation Schedule3.4 Report Review & Finalization TESTIMONY PREPARATION4.1 Review and Edit Testimony HEARING PROCESS 5.1 Pre-Hearing Notification 5.2 Pre-Hearing Preparation & Pre-Hearing 5.3 Application Package Revisions 5.4 Application Package Response Testimony5.5 Hearing Preparation & Hearing 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TASK NO.TASK DESCRIPTION 12/16/21 2022