O-23-07 04/16/2007ORDINANCE a o 7
ORDINANCE AUTHORIZING EXECUTION OF A CONRACT
WITH WASTE MANAGEMENT, INC. FOR THE COLLECTION OF
REFUSE, LANDSCAPE WASTE AND RECYCLABLE MATERIAL
FOR THE PERIOD OF MAY 1, 2007 THROUGH APRL 30, 2014
NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the
Village of Lemont that:
SECTION 1: That the President is hereby authorized and directed, and the Village
Clerk is directed to attest, a document known as A REFUSE COLLECTION AND
DISPOSAL CONTRACT WITHIN THE VILLAGE OF LEMONT, a copy of which is
attached hereto and made a part hereof.
SECTION 2: Effective Date: This Ordinance shall be in full force and effect from
and after its passage, approval and publication in the manner provided by law.
SECTION 3: Repealer: All Ordinances or parts of Ordinances in conflict herewith
shall be and the same are hereby repealed.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS
on this Ply, Day of 11p, , , 2007
AYES NAYS PASSED ABSENT
Debby Blatzer
Peter Coules
Brian Reaves
Cliff Miklos
Ronald Stapleton
Jeanette Virgilio
Attest:
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JOHN . PIAZ A, Vi lage ' e 'dent
CHARLENE SMO LEN, Village Clerk
VILLAGE OF LEMONT
REFUSE COLLECTION AND DISPOSAL CONTRACT
This Agreement is entered into this (14' day of by and between The VILLAGE of
Lemont, Illinois, an Illinois Municipal Corporatio (hereinafter the "VILLAGE ") and Waste
Management- Southwest, a Division of Waste Management of Illinois, Inc., a Delaware Corporation
(hereinafter the "CONTRACTOR ").
RECITALS
Whereas, Section 11 -19 -1 et.seq. of the Illinois Municipal Code, 65 ILCS 5/11 -19 -1) permits a
municipality to enter into an exclusive contract for the collection and final disposition of garbage and
refuse within the municipality; and
Whereas, the Board of Trustees of the VILLAGE of Lemont finds that it is in the best interest of the
VILLAGE to enter into a contract with the CONTRACTOR as the exclusive provider for the collection
and final disposition of garbage and refuse within the municipality.
WITNESSETH
In consideration of the mutual covenants and agreements hereinafter set forth, the VILLAGE and
the CONTRACTOR agree as follows:
I. GENERAL PROVISIONS
1. Scope of Work
The CONTRACTOR shall be responsible for all work to be performed under this Contract, and shall
provide and furnish all of the labor, materials, necessary tools, expendable equipment and supplies,
vehicles, transportation services, landfill and compost facility space required to perform and
complete the collection and disposal of refuse and yard waste, and further shall provide and fumish
all of the labor, materials, necessary tools, expendable equipment and supplies, vehicles,
transportation services required to perform the collection and disposal of recyclables. Such service
shall be provided for all applicable properties within the corporate limits of the VILLAGE of Lemont
and any territory hereinafter annexed, all in accordance with this contract. The CONTRACTOR
acknowledges that it is familiar with the number and type of properties to be served within the
VILLAGE, and is familiar with the projected growth of the VILLAGE boundaries.
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2. Exclusive Grant
The VILLAGE agrees that in consideration of the faithful performance of the obligations herein
undertaken by the CONTRACTOR, the VILLAGE, by execution of this contract, grants to the
CONTRACTOR, for the term of this Contract only, the sole and exclusive license to collect and
dispose of municipal waste, landscape waste, and recyclables from all applicable properties within
the corporate limits of the VILLAGE of Lemont and any territory hereinafter annexed.
3. CONTRACTOR'S Private Work
The CONTRACTOR may, at its option, contract separately for work as a private scavenger or hauler
and charge customers covered by this Contract for services not provided in this Contract, or contract
with customers not covered by this Contract. Any such private work shall be in accordance with all
federal, state and VILLAGE laws, and shall not interfere with the CONTRACTOR'S performance
under this Contract.
4. Contract Period
The initial term of this Contract shall be seven (7) years, commencing on May 1, 2007 and shall
remain in full force and effect through midnight of April 30, 2014. At the expiration of the initial
seven (7) year period the VILLAGE reserves the right to renew and extend the contract for an
additional period of one (1), two (2), or three (3) years. In the event that the VILLAGE desires to
extend the Contract after the initial period, the CONTRACTOR shall be so notified, in writing, by the
VILLAGE no later than (October 31, 2013) 180 days before the expiration of the initial term.
Within twenty-one (21) days of such notification by the VILLAGE, the Parties agree to engage in
good faith negotiations to develop rates and terms for the extension period. In the event that the
Parties are unable to reach an agreement as to rates and terms for the extension period by
December 31, 2013, the Contract shall terminate at the end of the initial term, unless both parties
mutually agree to extend the negotiation period.
5. Compliance With Applicable Laws
The CONTRACTOR shall comply with all Federal, State, and local laws, ordinances, rules and
regulations governing the work required under the terms of this Contract.
6. Compliance With Equal Employment Opportunity Act and Illinois Human _Rights Act
During the term of this Contract, the CONTRACTOR shall comply with the Equal Employment
Opportunity Act and the Illinois Human Rights Act. The CONTRACTOR shall have a written equal
opportunity policy statement declaring that it does not discriminate on the basis of race, color,
religion, sex, national origin, disability or age as required by law. Findings of non - compliance with
applicable Federal or State equal employment opportunity laws may be constitute cause for
termination of this Contract.
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7. Permits, Licenses, Certifications and Taxes
The CONTRACTOR shall secure and pay for, at its expense, all necessary permits, licenses and
certificates required to perform the work herein. The CONTRACTOR shall maintain said permits,
licenses and certificates in full force and effect during the term of this Contract, and shall comply
with all requirements thereof. No work shall proceed or commence without said necessary permits,
licenses, and certificates. The VILLAGE shall waive the annual business license /scavengers
license fee to the CONTRACTOR for the term of this agreement.
The CONTRACTOR shall pay all sales, use, property, income, and other taxes that are lawfully
assessed against the VILLAGE or the CONTRACTOR in connection with the CONTRACTOR'S
facilities and the work included in this Contract. The VILLAGE is exempt from paying certain taxes,
including Federal Excise Tax, State and Local Retailers' Occupation Tax, Use Tax and Service Use
Tax.
8. Independent CONTRACTOR
The CONTRACTOR shall be deemed to be an independent CONTRACTOR, solely responsible for
the control and payment of its operations and employees.
9. Performance Bond
At the time of the execution of the Contract, the CONTRACTOR, at its expense, shall provide the
VILLAGE with a performance bond in the amount of three hundred thousand dollars ($300,000.00),
which shall be maintained in full force and effect throughout the term of this Contract and any
extensions thereof. Said bond shall be executed with a surety company licensed to do business in
the State of Illinois and acceptable to the VILLAGE and shall be subject to approval as form and
content by the VILLAGE'S attorney. This Contract shall not be executed unless said performance
bond had been delivered and approved as herein provided. No work shall commence or proceed
without said performance bond being approved and in full force and effect. Failure to provide or
maintain said performance bond in full force and effect shall be cause for termination of this
Contract.
10. Insurance
The CONTRACTOR shall carry in its name, at its own expense, at least the following insurance
coverage:
(a) Workers' Compensation and Occupational Disease Insurance - Statutory amount for Illinois;
(b) Vehicle Liability Insurance:
(1)
Bodily injury, with limits of not less than $3,000,000 each person and not less than
$5,000,000 per occurrence.
(2) Property damage, with limits of not less than $3,000,000 per occurrence
Vehicle Liability and General Liability insurance policies. The CONTRACTOR shall furnish annually
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the VILLAGE with policy information which evidences compliance with the insurance requirements
set forth herein, and with a certificate of insurance attesting to the required overages for the full term
of the contract, including the 30 day notice requirements. No work shall commence or proceed
without said insurance overages being in full force and effect.
(c) General Liability Insurance:
(1) Bodily injury, with limits of not less than $3,000,000 per person and not less than
$5,000,000 per occurrence.
(2) Property damage, with limits of not less than $3,000,000 for each incident and
$5,000,000 per occurrence.
(3)
Contractual insurance - broad form, with limits of not less than $3,000,000 each
occurrence and no more than $5,000,000 each occurrence.
(d) U mbrella or excess liability coverage of $10,000,000 per occurrence and in the aggregate.
(e) The insurance coverage shall be written with insurance companies licensed to do business
in the State of Illinois and acceptable to the VILLAGE. All insurance premiums shall be paid without
cost to the VILLAGE. Said policies shall provide that they may not be cancelled or reduced without
thirty (30) days prior written notice to the VILLAGE. In the event of any cancellation or reduction, the
CONTRACTOR is responsible for obtaining new insurance coverage. The CONTRACTOR shall
name the VILLAGE as an additional insured on each policy for any liability arising out of the
CONTRACTOR'S work.
(f) The insurance coverage specified herein constitutes the minimum requirements and said
requirements shall in no way limit the liability of the CONTRACTOR under the terms of this Contract.
The CONTRACTOR shall procure and maintain, at its own cost and expense, any additional types
and amounts of insurance, which, in its own judgment, may be necessary for its proper protection in
the execution of the work.
11. Indemnification
The CONTRACTOR shall indemnify, defend, save and hold harmless the VILLAGE, its officers and
employees, from any and all liability, losses, costs, expenses, demands, taxes, claims, damages,
lawsuits, proceedings, or causes of action, including worker's compensation claims, of any kind or
nature whatsoever, including reasonable attorney's fees and costs of defense, that the VILLAGE
may suffer, incur, sustain, or become liable for, on account of any injury to or death of its employees,
or injury or death to any person, or damage to or injury to real estate or personal property, in any
way resulting from, out of, or in connection with, or pursuant to this Contract, caused by the
operations of the CONTRACTOR, its agents, employees, or any Subcontractors in performance of
the work to be conducted.
The CONTRACTOR expressly understands and agrees that any performance bond or insurance
coverage required by this Contract, or otherwise provided by the CONTRACTOR, shall in no way
limit the responsibility to indemnify, keep and hold harmless and defend the VILLAGE, and to pay
expenses and damages as herein provided.
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12. Default
All terms and conditions of the Contract are considered material and the failure of the
CONTRACTOR to perform any of said terms and conditions shall be considered a breach of the
Contract. If the CONTRACTOR fails to perform the according to the terms and conditions herein, or
fails to collect and /or dispose the municipal waste and landscape waste, and fails to collect and /or
market the recyclables as required herein for more than seven (7) consecutive working days, the
VILLAGE shall reserve the right to determine if there has not been sufficient cause to justify such
lack of performance. If in the VILLAGE'S judgement, sufficient cause has not been demonstrated,
then the VILLAGE shall serve notice, identifying the contract violations and stating that this contract
shall be deemed in default if the CONTRACTOR does not take action to correct the violation or re-
establish the schedule within three (3) days of said notice. If, at the end of the three (3) day period,
the CONTRACTOR has not made the necessary corrections, the VILLAGE shall take such steps as
are necessary to furnish services according to the collection requirements provided in this Contract,
and shall have the right to terminate the Contract. The CONTRACTOR shall be liable for any and all
costs of such steps from the date of the notice of default. The remedies provided herein shall not be
exclusive, but shall be in addition to any other remedy available to the VILLAGE including, but not
limited to, claim on the performance bond, or other legal or equitable remedies. The failure of the
VILLAGE to declare a default or insist on performance of any specific term or condition shall not
constitute a waiver on the part of the VILLAGE to declare a default by the continuing or subsequent
failure of the CONTRACTOR to perform according to the terms and conditions of the Contract.
In the event the CONTRACTOR shall be adjudged bankrupt, either by voluntary or involuntary
proceedings, then the Contract shall immediately terminate; and in no event shall the Contract be, or
be treated as, an asset of the CONTRACTOR after adjudication of bankruptcy. If the
CONTRACTOR shall become insolvent or fail to meet its financial obligations, then the Contract
may be terminated at the option of the VILLAGE upon seven (7) days written notice to the
CONTRACTOR and in no event shall the Contract be, or be treated as, an asset of the
CONTRACTOR after the exercise of said option by the VILLAGE.
In any event where the CONTRACTOR has not performed the work, even if such failure is caused
by strikes, acts of God, or "force majeure ", beyond the CONTRACTOR'S control, the
CONTRACTOR shall not be paid.
13. Non - assignment of Contract
This Contract is unique and has been awarded by the VILLAGE based upon the specific evaluation
of the CONTRACTOR, and the ability of the CONTRACTOR to perform the work. This Contract is
not assignable by the CONTRACTOR either voluntarily or involuntarily, or by process of law, without
the prior written consent of the VILLAGE, and shall not be or come under the control of creditors, or
a trustee or trustees of the CONTRACTOR in case of bankruptcy, or insolvency of the
CONTRACTOR. Any attempt to assign the Contract shall subject the Contract to immediate
termination by the VILLAGE.
14. Non - Collection Due to Improper Material or Procedure.
If material is not collected due to non - compliance with State Statute, the Contract shall leave the
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resident a card, note, or "door hanger" to (1) identify the specific reason for non - collection and
(2) explain the proposed recourse the resident should take to alleviate the dispute.
15. Disputes
The CONTRACTOR'S performance of the work under this Contract shall be observed and
monitored by the VILLAGE. Should the VILLAGE determine during the life of the Contract that the
CONTRACTOR has not preformed satisfactorily, the CONTRACTOR, upon notification from
VILLAGE, shall increase the work force, tools and equipment as needed to properly perform to the
satisfaction of the VILLAGE. The failure of VILLAGE to give such notification shall not relieve the
CONTRACTOR of his /her obligation to perform the work at the time and in the manner specified.
16. Title to Municipal Waste, Landscape Waste and Recyclables
Title to municipal waste, landscape waste and recyclables shall pass to the CONTRACTOR when
the materials are placed into the collection vehicle.
17. Notices
All notices required by this Contract shall be in writing and shall be delivered in person or sent by
first class mail with sufficient postage prepaid, or by certified/ return receipt requested mail with
sufficient postage and certification fees fully prepaid. Notices delivered personally shall be deemed
received upon delivery. Notice delivered by mail shall be deemed to have been given as of the date
of the United States Postal Service postmark. Notices to the parties shall be made and addressed
to the following:
If to the VILLAGE:
Mr. Gary Holmes — VILLAGE Administrator
VILLAGE of Lemont
418 Main St.
Lemont, IL 60439
If to the CONTRACTOR:
Municipal Marketing Manager or Division Vice President
Waste Management
2100 Moen Ave
Joliet, IL 60434
Any changes of address may be sent by furnishing written notice to the other party.
18. Severability
The invalidity of one or more of the phrases, sentences, clauses or subsections contained in this
Contract shall not affect the validity of the remaining portion of this Contract so long as the material
purposes of this Contract can be determined and effectuated.
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19. Law to Govern and Venue
The laws of the State of Illinois shall govern this contract and venue shall be in either Cook, Will,
and Dupage Counties, Illinois.
20. Right to Require Performance
The failure of the VILLAGE, at any time, to require performance by the CONTRACTOR of any term
or condition in this Contract shall in no way affect the right of the VILLAGE thereafter to enforce said
term or condition. Nor shall waiver by the VILLAGE of any breach of any term or condition of this
Contract be taken or held to be a waiver of any succeeding breach of any such term or condition or
a waiver of the term or condition itself.
21. Reporting
The CONTRACTOR shall keep records of solid waste disposal, recycling and landscape waste
collection, activities including without limitation, recycling participation rates, the amount of solid
waste, recyclables, or landscaping waste collected and shall provide this information to the Village at
the Village's request.
II. GENERAL OPERATING REQUIREMENTS
1. Identification of Applicable Properties for Collection
The applicable properties located in the VILLAGE for which collection and disposal services of
municipal waste, landscape waste and recyclables shall be provided pursuant to this Contract are as
follows: all single - family, townhouse, and duplex residential dwellings, and all multi - family residential
of up to 4 units. All properties that are commercial, multi - family in excess of four (4) units, and
mixed use, defined as a residential/commercial unit shall be excluded from this Contract. In
addition, the Franciscan VILLAGE shall be excluded from this contract.
2. Collection Times
The starting time shall not commence for the pick service described herein shall not commence
earlier than 6:00 am and shall cease by 6:00 pm on any pick up day. All materials placed out for
collections must be placed at the curb or alley (when available) by 6:00 am on the designated
service day.
3. Initial Start-Up Date Collection of Refuse, Recvclables and Landscape Waste
May 1, 2007 Tuesday, Wednesday, Thursday
The CONTRACTOR shall give the VILLAGE at least 30 days written notice to any proposed route or
schedule change.
4. Holidays
Holidays to be observed by the CONTRACTOR are as follows: New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. No pick -up will be rendered
on such holidays. Regular service shall be established on the next calendar day.
5. Storage of CONTRACTOR'S Equipment and Materials
No equipment or materials used to provide collection service shall be stored on any property, public
or private, within the corporate limits of the VILLAGE unless otherwise agreed to by the parties, in
writing.
6. Public Information
No later than April 20, 2007, the CONTRACTOR, at its expense, shall develop, print and distribute
to all residential customers, a brochure, approved by the VILLAGE, explaining the solid waste,
landscape, and recycling programs covered under this contract. The brochure shall be updated and
distributed whenever there is a change in the service or programs provided, including changes in
collection times. The brochure shall include a toll -free telephone number of the CONTRACTOR to
be used for customer complaints as required herein. A sufficient supply of brochures shall be
provided to the VILLAGE by the CONTRACTOR for VILLAGE to distribute in the VILLAGES annual
newsletter and to distribute to new residents.
7. Customer Complaints
The CONTRACTOR shall maintain an office and telephone service, with either a local exchange
or a toll -free number, for the receipt of service calls or complaints, and shall be available for such
calls on all working days from 8:00 a.m. to 5:00 p.m. All complaints must be given prompt and
courteous attention, and in case of a missed scheduled collection, the CONTRACTOR shall
immediately investigate; and if verified, shall arrange for pick -up of said waste within 24 hours
day after the complaint is received. The CONTRACTOR shall notify customer directly within 24
hours of complaint to verify action taken. When requested, the CONTRACTOR shall report to
the VILLAGE the status of service calls or complaints and shall maintain a daily log of such calls
or complaints received, which record shall be open to the VILLAGE for inspection at any
reasonable time. The CONTRACTOR shall notify customer directly within one business day of
complaint to verify action taken. The CONTRACTOR'S toll free number is 800 796 -9696 and
local 815 725 -4200.
8. Disposal Site Required
The CONTRACTOR shall have available for use throughout the contract term an Illinois
Environmental Protection Agency permitted site(s) (SEE ATTACHMENT C) forthe ultimate disposal
of all waste under this Agreement.
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9. Sufficient Financial and Equipment Capabilities
The CONTRACTOR shall have the necessary financial ability and sufficient equipment to satisfy the
requirements placed upon it under the terms of this contract.
10. Standard of Performance
The CONTRACTOR shall undertake to perform all disposal services rendered hereunder in a neat,
orderly and efficient manner, to use care and diligence, and to provide neat, orderly and courteous
personnel on its crews and courteous and knowledgeable personnel in its customer service function.
11. Employees and Conduct
The CONTRACTOR shall prohibit any drinking of alcoholic beverages or the use of any controlled
substances, except by doctor's prescription, by its drivers and crew members while on duty or in the
course of performing their duties required under the terms of this contract.
In the event that any of the CONTRACTOR'S employees is deemed by the VILLAGE to be unfit or
unsuitable to perform the services required under the terms of this proposal as a result of
intoxication, drug use, incompetence, or by virtue of abusive or obnoxious behavior; then, upon
request of the VILLAGE, the CONTRACTOR shall remove such employee from work within the
VILLAGE and replace him /her with a suitable and competent employee.
CONTRACTOR shall provide courteous personnel on its collection crews and courteous and
knowledgeable personnel in its customer service function.
12. Prevailing Wage
The CONTRACTOR shall comply with all prevailing wage requirements and all labor regulations
enforced by state or federal agencies.
13. Current Estimate of Residential Service Units
The following is the estimated number of residential service units currently being serviced in the
VILLAGE: 4,779. The VILLAGE disclaims any warranties and or accuracy of these numbers.
14. Vehicles
All vehicles shall be maintained in good working order and appearance, free of rust, and shall be
clean at the start of each collection day. No vehicle shall be operated on the VILLAGE streets that
leak any fluids from the engine or compacting mechanism. All vehicles shall display the name of the
CONTRACTOR, a local telephone number, and a vehicle identification number that is clearly visible
on both sides of the vehicle. CONTRACTOR shall be responsible for cleaning any fluids, municipal
waste, landscape waste or recyclables that leak or otherwise spill from any vehicle.
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III. PROGRAM DESCRIPTIONS
All items placed out for collection by residents must be at the curb or alley by 6:00 a.m. on the
designated collection day. The CONTRACTOR shall handle all carts, cans, and containers with
reasonable care to avoid damage and attempt to replace them in the same upright position on
the parkway or by the alley side where the containers were initially placed. In the event the
CONTRACTOR cannot accept certain restricted items, the CONTRACTOR will utilize a
dedicated communication mechanism to inform the residents as to the reason why the material
was not accepted. This mechanism is outlined in ATTACHMENT D.
A Municipal Waste Collection
A.1 Definition: Municipal waste shall include garbage, refuse, or waste material resulting
from operation of residential units which are not defined as RECYCLABLES or LANDSCAPE
WASTE. The definition of municipal waste shall not include automotive tires, broken concrete,
building materials, rocks, soil, white goods, household hazardous wastes such as paints, oils,
solvents or other materials that may present a fire hazard, any single household item too large to
be placed in a compactor -type truck or for one person to reasonably manage, construction
and/or demolition material, and /or material(s) resulting from fires, floods or evictions.
A.2 Frequency of Collection: Once each week.
A.3 Containers: The CONTRACTOR shall provide each unit subject to collection under this
agreement with one (1) wheeled 96- gallon cart for the purpose of the placement of refuse materials
for weekly collection. The CONTRACTOR shall deliver the carts to new units that are constructed
over the term of the agreement. The CONTRACTOR shall be responsible for the general
maintenance of the cart (excepting odor and cleanliness) and shall repair or replace said carts in the
event of breakage through normal wear and tear. Carts damaged through abuse or neglect will be
replaced at the cost of the resident. Residents that are senior citizens may request and receive a
64- gallon cart. Additional refuse carts may be rented for $4.00 per month with a minimum 12 -month
rental (delivery charges may apply).
A.4 Service Levels: The CONTRACTOR shall provide once per week the collection of garbage,
refuse, recyclables, and yard waste materials for all occupied UNITS within the VILLAGE. All
GARBAGE and REFUSE as herein defined that is designated for collection and disposal may be
placed in covered cans or containers not to exceed thirty (32) thirty -two gallons in capacity with a
maximum weight for any one container and its contents not to exceed fifty (50) pounds. Heavy duty
bags which are securely fastened shall be considered proper containers so long as they do not
exceed thirty (30) gallons capacity and are fifty (50) pounds or less in weight. Cans, containers
and /or heavy -duty bags must be placed at the curb or roadway or in the alley when they exist.
A.5 Bulk Item Service: Bulk items are defined, including but most limited to large items such
as couches, chairs, mattresses and tables and other furniture pieces. Bulk items, as defined
herein, are considered subject to collection by the CONTRACTOR'S according to the terms and
definitions of this contract. The CONTRAC P R will make available the collection of (1) one bulk
item per week at no additional cost to the resident. Individual residents will be responsible to
contact the CONTRACTOR and make arrangements for collection of additional bulk items on an
individual basis.
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A.6 Special Pick UP and Optional Service: All other solid waste materials not heretofore provided
for shall be collected and disposed of in unlimited quantity as a special pick up. Residents with
additional material or home improvement projects may contract separately with the CONTRACTOR.
Such items shall include white goods, large amounts of building materials (including lumber,
structural steel, concrete, bricks and stones), heavy appliances, pianos and such other bulky items
that require more than one person to handle. Such items shall be arranged for pick up between
Customer and CONTRACTOR or other independent CONTRACTOR at a special charge to
Customer. The CONTRACTOR will make available 10, 15, 20 and 30 cubic yard containers for this
pu rpose
A.7 Public Building /Areas Collection: CONTRACTOR shall be required to collect municipal
waste and recyclable materials via commercial containers, provided by the CONTRACTOR at or
before the commencement date of this contract, once per week at no cost from containers in public
areas as described as follows:
VILLAGE Hall /Police Department
418 Main St. Two 2 -yard containers
Police Station — South
127th Street & Archer
Police Shooting Range
Public Works Building
6066 New Avenue
Metra Station
Main & Lockport
Safety VILLAGE
55 Stephen St.
One 2 -yard container
One 10 -yard container or other
One 6 -yard container
One 2 -yard container
One 2 -yard container
The VILLAGE may add additional VILLAGE owned or leased buildings or property without
additional charge for once per week commercial collection.
A.8 Municipal Dumpsters At the request of the Village, The Contractor shall provide for up to
12 roll -off boxes for Village sponsored special events, festivals and clean up projects. The
Contractor, at its discretion, shall provide for 10, 15, and 20, and 30 cubic yard containers
depending on the size and nature of the event at no charge to the Village provided that each
container weigh no more than 5 tons. The Village may require additional containers or services
at a method and price to be agreed upon by both parties.
A.9 Disposal: All waste, as defined in this section, shall be removed from the VILLAGE at the
close of each day of collection and shall be disposed of at a lawfully operated regional pollution
control facility(ies) at the CONTRACTOR'S sole expense. The CONTRACTOR warrants that
sufficient sites for the disposal of said solid waste will be available to the CONTRACTOR during the
full term of the contract and any renewal thereof.
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A.10 Equipment to be used by CONTRACTOR: The CONTRACTOR agrees to collect all
municipal waste in fully enclosed leak -proof modem packer -type trucks. Equipment used for special
pick -up service may be open body trucks, dump trucks, and similar type equipment. When open
body trucks are used, the CONTRACTOR will use care to see that no litter or scattering of waste
material occurs by providing a suitable covering.
Recyclables Collection
B.1 Definition: Aluminum food and beverage containers, metal cans, bi -metal cans, glass food
containers, newspapers, corrugates containers, chipboard, magazines, mixed paper, and other such
materials as the parties may agree to in writing. The Customer shall sort materials and place them
into a separate container for pick -up by the CONTRACTOR. (See Attachment A)
B.2 Frequency of Collection: Collection shall be once per week. The collection shall be on the
same day as municipal waste collection.
B.3 Service Level: Unlimited collection of the materials defined herein as part of monthly rate.
B.4 Containers: The CONTRACTOR shall provide each unit subject to collection under this
agreement with one (1) wheeled 64- gallon cart for the purpose of the placement of recyclables for
weekly collection. The CONTRACTOR shall deliver the carts to new units that are constructed over
the term of the agreement. The CONTRACTOR shall be responsible for the general maintenance of
the carts (excepting odor and cleanliness) and shall repair or replace said carts in the event of
breakage through normal wear and tear. Carts damaged through abuse or neglect will be replaced
at the cost of the resident. Residents that are senior citizens may request and receive a 35- gallon
cart. Additional recycling carts may be rented for $4.00 per month with a minimum 12 -month rental
(delivery charges may apply).
B.5 Separate Vehicle Pick -up Required: Recyclable material shall not be co- mingled with
municipal waste. A separate recycling pick -up shall be required with a separate vehicle.
B.6 Disposal: All recyclables shall be collected, separated and otherwise treated so as to
facilitate the sale of said materials to end -use markets or recycled material brokers. No materials
collected as recyclable may be deposited in a landfill or waste incinerator, but shall be recycled
regardless of the income received or the cost to the CONTRACTOR resulting from the sale of said
materials.
B.7 Revenues: CONTRACTOR shall be allowed to keep all revenues from the sale of the above
referenced materials.
C. Landscape Waste Collection
C.1 Definition of Landscape Waste: All accumulations of grass or shrubbery cuttings, leaves,
tree limbs, (as stated below), aquatic weeds, and other material accumulated as the result of the
care of lawns, shrubbery, vines and trees, and as otherwise described at 415 ILCS 5/3.20.
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C.2 Frequency of collection:
(a) All Landscape waste, including brush and other branches: One day each week from
April 1st through November 30th of each year.
(b) CONTRACTOR and VILLAGE will agree on one (1) service week in the spring and one
day each week form October 15 through November 30th of each year for the unlimited collection of
landscape waste material. Residents will not be required to utilize stickers during these designated
time periods.
C.3 Service Levels:
(a) Tree Limbs, brush and other branches: Limbs must be cut into four (4) feet lengths,
bundled and tied with biodegradable string or twine. Each bundle not to exceed fifty (50) pounds in
weight. A pre -paid landscape waste sticker must be attached to each bag or bundle prior to
disposal from April 1st through October 14th except during the designated spring collection.
(b) Except as noted in Section C.2.b, Lawn Clippings, Leaves, and Other Landscape Waste:
All landscape waste material, except bundled braches, must be placed in a "kraft" type bags. A
pre -paid landscape waste sticker must be attached to each bag prior to disposal from April 1
through October 14th.
(c) Previously purchased stickers. The CONTRACTOR agrees to honor any yard waste
stickers purchased by residents from the previous contract for a period of thirty (30) days after
the commencement of this agreement.
C.4 Unlimited Landscape waste Option:
The VILLAGE board, may at it discretion, may exercise the option to provide unlimited yard waste
collections from April 1 through November 30 which will NOT require stickers. The VILLAGE AND
THE CONTRACTOR may exercise this option at the commencement of this agreement or on a date
method, and price agreed upon by both parties.
C.5 Containers
(a) Biodegradable paper "Kraft" type bags, up to thirty-three (33) gallons in capacity at local
retail locations including the VILLAGE Hall. Landscape waste "stickers" will be sold at locations
listed in Attachment B.
(b) Landscape waste, including brush and other branches that are four (4) inches or greater
in diameter, must be securely tied with biodegradable string or twine, in bundles not exceeding four
(4) feet in length and fifty (50) pounds in weight.
C.6 Separate Vehicle Pick -up Required: Landscape waste shall not be co- mingled with any
other municipal waste. A separate landscape waste pick -up shall be required with a separate
vehicle.
C.7 Disposal: All landscape waste shall be disposed of at a lawfully operated landscape waste
13
composting facility (SEE ATTACHMENT C). Said facility may treat, compost, grind, or land apply
said landscape waste. No landscape waste may be disposed of at a landfill or solid waste
incinerator unless otherwise authorized by the Illinois Environmental Act (415 ILCS 5/1).
C.8 Christmas Trees: The CONTRACTOR will collect Christmas trees on the regular pick up day
throughout the month of January.
C.9 Landscape Waste Sticker
The cost of the landscape waste stickers shall be $2.50 for the period of May 1, 2007 through April
30th, 2012. The cost of the landscape waste stickers shall be $2.75 for the period of May 1, 2012
through April 30th, 2014.
IV. PAYMENT OF CONTRACTOR AND BILLING OF ACCOUNTS
(A) Customer Identification and Billing Address. Upon request of the VILLAGE, CONTRACTOR shall furnish
the name and address of each residential unit receiving service under the terms of this contract.
(B) Billing for municipal solid waste, recyclables and tree limbs and the scheduled landscape waste collections
shall be included in the base monthly rate. Billing for all other landscape waste materials shall be based upon the
landscape sticker services.
(C) Payment of CONTRACTOR. The CONTRACTOR'S monthly UNIT rate for all services provided in this
contract for the period of May 1, 2007, through April 30th, 2014, shall be as follows:
CONTRACT YEAR Monthly UNIT Rate
May 1, 2007 through April 30, 2008
May 1, 2008 through April 30, 2009
May 1, 2009 through April 30, 2010
May 1, 2010 through April 30, 2011
May 1, 2011 through April 30, 2012
May 1, 2012 through April 30, 2013
May 1, 2013 through April 30, 2014
$17.90
$18.75
$19.73
$20.92
$22.17
$23.39
$24.33
A $2.00 senior discount will apply to all qualified seniors citizens that are at least 65 years older and that own
and occupy their dwelling for the term of this agreement.
(D) Fuel Surcharge: For the purposes of this agreement the CONTRACTOR has used $2.65 per gallon as
its baseline price for diesel fuel for the initial year of this agreement. Beginning in May 2008, and proceeding
years of the agreement, the CONTRACTOR will review the current annual average cost of diesel fuel 30 days
prior to the May 1st contract anniversary date. The CONTRACTOR will use the Energy Information
Administration/ Department of Energy (EIA/DOE) publication price for diesel fuel. In the event that the
published average diesel fuel costs exceeds (or is less than) the estimated fuel costs below the
CONTRACTOR will apply a fuel surcharge or credit. For every 10¢ increase (or decrease) in the estimated
cost per gallon, then the CONTRACTOR will implement a 3¢ per home fuel surcharge (or credit) per month to
the monthly unit rate for the remainder of that contract year. If the change is less than 10¢, then no fuel
surcharge or credit will apply.
14
Contract Year Estimated Diesel Fuel Costs
2008 $2.75
2009 $2.85
2010 $2.95
2011 $3.05
2012 $3.15
Example: If the average price for diesel fuel for 2007 is $2.85 per gallon, then a 3¢ fuel surcharge would be
applied to the monthly per home rate beginning May 1, 2008.
(E) Fees: The above prices include all current federal, state, county, local or other taxes, fees, surcharges or similar
charges relating to the collection and disposal of the City's Solid Waste (the "Fees "). Any increase in the Fees or
any new Fees imposed that specifically impact general business conditions or permitted pollution control facilities
(i.e. landfills, transfer stations, compost facilities) following the date of this Agreement, the parties agree to negotiate
in good faith any such price increases provided that the CONTRACTOR provides evidence of the increase to the
VILLAGE. In addition, in the event that changes with Federal or state statute or regulation, there occurs a change in
the regulatory requirements which requires further separation of municipal solid waste which has general
applicability to similar waste haulers and which materially increases the CONTRACTOR'S costs, the parties agree
to negotiate in good faith any such price increases.
(F) Billing: The CONTRACTOR will perform the billing and collection of fees from each UNIT with the VILLAGE.
The CONTRACTOR will individually invoice each UNIT within the VILLAGE on a quarterly basis for the services
provided herein. The VILLAGE agrees to cooperate and assist the CONTRACTOR in any means permissible
to insure the collection of all funds due for the service performed, either on current or delinquent basis can be
undertaken and receipt assured. If deemed necessary, the VILLAGE will modify the any of its regulatory
ordinances regarding health, welfare, and safety to insure that the VILLAGE residents adhere to this contract
and the services provided hereunder. The VILLAGE further agreed to cooperate to provide the
CONTRACTOR with assistance regarding evictions, move ins, move outs or any other notification that will
assist in the execution of this contract.
(G) Upon request of the Village, CONTRACTOR shall furnish the name and address of each residential unit
receiving service under the terms of the contract
(H) The VILLAGE, may at it discretion, exercise the option to assume the billing for the services contained herein,
The VILLAGE AND THE CONTRACTOR would exercise this option on a date and method agreed upon by both
parties.
V. EXECUTION
This Contract entered into on the date first written above.
VILLAGE of Lemont:
By:
John
azza - VILLAGE Pre .id
nt
CONTRACTOR: Waste Management -South
a Division of Waste Management
of Illinois, Inc.
By:
Al Bilthouse — Senior Manager Planning and
Development
Attest: �y, / i /i��, 'V Attest:
harlene Smollen- VILLAGE Clerk Mike Morley - Municipal Marketing Manager
15
ATTACHMENT A - RECYCLING PROGRAM
The list of items below represents the current materials currently being accepted. This list may
expand or contract due to market conditions upon the mutual consent of the Parties.
LIST OF RECYCABLES
UBC
TIN STEEL CANS
ALUMINUM FOIL
GLASS CONTAINERS
# 1 PET SODA, WATER, FLAVORED BEVERAGE BOTTLES
#2 HDPE- NATURAL CONTAINERS
#2 HDPE- PIGMENTED CONTAINERS
PET CONTAINERS
RESIDENTIAL PAPER FIBER
NEWSPAPER (70 TO 90% BY WEIGHT)
NEWSPAPER INSERTS
MIXED PAPER (10 TO 30% BY WEIGHT)
CARDBOARD (NO WAX)
CARRIER STOCK (SODA & BEER CASES)
CATALOGS & TELEPHONE BOOKS
CHIPBOARD (CEREAL, CAKE, & FOOD MIX BOXES)
JUNK MAIL
KRAFT PAPER
MAGAZINES
OFFICE PAPER
16
ATTACHMENT B - LANDSCAPE WASTE STICKER LOCATIONS
Lemont VILLAGE Hall
418 Main St., Lemont
Lemont Township Offices
16020 127th St, Lemont
Sears Hardware
1146 State St., Lemont
Jewel
1202 State Street, Lemont
17
ATTACHMENT C - DESIGNATED DISPOSAL SITES
1. REFUSE
A. Banner Western Transfer Station
2100 Moen Ave
Rockdale, IL 60436
B. Waste Management Transfer
2150 Mound
Joliet, IL 60440
C. Prairie View Landfill (Primary)
29755 S Prairie View Dr.
Wilmington, IL 60481
2. RECYCLABLES
A. Banner Western Transfer Station
2100 Moen Ave
Rockdale, IL 60436
B. CID Recycling Center
P 0 Box 1309
138th & Calumet Expressway
Calumet, IL 60409
3. LANDSCAPE WASTE
A. Banner Western Transfer Station
2100 Moen Ave
Rockdale, IL 60436
B. Waste Management Transfer
2150 Mound
Joliet, IL 60440
C. Hammon Farms
Oswego, IL
18
ATTACHMENT D - MECHANISM FOR COMMUNICATING TO
RESIDENTS FOR NON -PICK UP
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