O-16-02 04/08/02VILLAGE OF LEMONT
ORDINANCE NO. O - / 6 • CA.
AN ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT
WITH WASTE MANAGEMENT, INC. FOR THE COLLECTION OF REFUSE,
LANDSCAPE WASTE AND RECYCLABLE MATERIAL FOR THE
PERIOD OF MAY 1, 2002 THROUGH APRIL 30 2007
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 8th day of April , 2002
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will, and
DuPage, Illinois this 8th day
of April , 2002.
ORDINANCE °
AN ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT
WITH WASTE MANAGEMENT, INC. FOR THE COLLECTION
OF REFUSE, LANDSCAPE WASTE AND RECYCLABLE MATERIAL FOR THE
PERIOD OF MAY 1, 2002 THROUGH APRIL 30, 2007
WHEREAS, the Village of Lemont reviewed proposals from qualified vendors for the
collection of refuse, landscape waste and recyclable material, and;
WHEREAS, the Village of Lemont has analyzed the proposals submitted and has selected
Waste Management, Inc. to provide scavenger services within the community for the period of May
1, 2002 through April 30, 2007.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of
the Village of Lemont, Counties of Cook, DuPage and Will, State of Illinois as follows:
Section 1: That the President is hereby authorized and directed, and the Village
Clerk is directed to attest, a document known as A CONTRACT FOR REFUSE
COLLECTION AND DISPOSAL, RECYCLABLE COLLECTION AND
LANDSCAPE WASTE COLLECTION WITHIN THE VILLAGE OF
LEMONT, a copy of which is attached hereto and made a part hereof.
Section 2: That the full contract shall include Exhibits A, B, C, D, E, F, and G.
Section 3: That this ordinance shall be in full force and effect from and after its
passage, approval, and publication in pamphlet form as required by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS, on
this 8th day of April , 2002.
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
Attest:
CHARLENE SMOLLEN, Village Clerk
Approved as to Form:
Village Attorney
Date:
AYES NAYS PASSED ABSENT
VILLAGE OF LEMONT
REFUSE COLLECTION AND DISPOSAL CONTRACT
This Agreement is entered into this 1st day of May, 2002, by and between The VILLAGE of
Lemont, Illinois, an Illinois Municipal Corporation (hereinafter the "VILLAGE ") and Waste
Management- South, 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 furnish
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 five (5) years, commencing on May 1, 2002 and shall
remain in full force and effect through midnight of April 30, 2007. At the expiration of the initial five
(5) 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, 2006) 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, 2006, 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
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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.
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 two- hundred and fifty thousand dollars
($250,000.00), 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.
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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
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) Umbrella 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.
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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.
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
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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 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 CONTRACTORS 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:
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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.
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, or
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 prepare and submit to the Village reports detailing solid waste disposal,
recycling and landscape waste collection activities for the previous month, including without
limitation, recycling participation rate, the amount of solid waste, recyclables, or landscaping
waste collected.
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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, Recyclables and Landscape Waste
May 1, 2002 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 ApriI15, 2002, the CONTRACTOR, at its expense, shall develop, print and distribute
to all residential customers, a brochure, approved by the VILLAGE, explaining the solid waste,
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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 VILLAGE'S
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. Those numbers are 800
747 -CART (2278) and 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) for the ultimate
disposal of all waste under this Agreement.
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.
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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: 3,860. 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.
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.
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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 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.4 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 CONTRACOTR 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.
A.5 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 6, 10, 15, 20 and 30 cubic yard
containers for this purpose
A.6 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:
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VILLAGE Hall /Police Department
418 Main St.
Public Works Building
14574 127`h St.
Metra Station
Main & Lockport
Safety VILLAGE
55 Stephen St.
Two 2 -yard containers
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.7 Municipal Dumpsters At the request of the Village, The Contractor shall provide for waste
removal services on up to eight occasions for the first contract year, ten occasions for contract
years 2, 3 and 4, and on twelve occasions in the final year of the agreement for Village
sponsored special events, festivals and clean up projects. The Contractor, at its discretion, shall
provide for 6, 10, 15, and 20, and 30 cubic yard containers depending on the size and nature of
the event at no charge to the Village. The Village may require additional containers or services
at a method and price to be agreed upon by both parties.
A.8 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.
A.9 Equipment to be used by CONTRACTOR: The CONTRACTOR agrees to collect all
municipal waste in fully enclosed leak -proof modern 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.
B. 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.
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B.4 Containers: Containers no less than eighteen (18)- gallon bins or other containers as may
be provided by the CONTRACTOR. The CONTRACTOR is responsible for providing recycling
containers for existing and all new customer residents throughout the term of this agreement.
Residents may purchase additional bins for $7.00 each.
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.
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.
(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 of 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
13
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`h which will NOT require stickers. The VILLAGE and
the CONTRACTOR may exercise this option at the commencement of this agreement or on a date
and method agreed upon by both parties.
Under this optional program, the definition of Landscape Waste is as follows: 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.
Contract YEAR Additional Monthly Charge
Year 1
Year 2
Year 3
Year 4
Year 5
$1.70
$1.78
$1.88
$1.95
$2.05
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. Bundled branches and brush will be collected at no
charge.
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
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.
14
C.9 Landscape Waste Sticker
The cost of the landscape waste stickers shall be $2.00 for the term of this agreement.
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, 2002, through April 30, 2003, shall be $11.99. The UNIT rate structure for the
contract years May 1, 2003 though April 30, 2007 will be as follows:
CONTRACT YEAR Monthly UNIT Rate
May 1, 2003 through April 30, 2004
May 1, 2004 through April 30, 2005
May 1, 2005 through April 30, 2006
May 1, 2006 through April 30, 2007
$12.60
$13.22
$13.88
$14.58
A $1.00 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.
The above rates reflect the CONTRACTOR'S costs for all services contained herein and include the costs
associated with the transportation and disposal of materials. The price also reflects the costs associated with
taking the refuse material to the Will County Landfill located at the former Joliet Arsenal Property.
(D) 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.
(E) Upon request of the VILLAGE, the CONTRACTOR shall furnish the name and address of each residential
unit receiving service under the terms of the contract
(F) The VILLAGE, may at it discretion, exercise the option to assume the billing for the services contained herein,
The VILLAGE and the CONTRACTOR may exercise this option on a date and method agreed upon by both
parties.
15
V. EXECUTION
This Contract entered into on the date first written above.
VILLAGE of Lemont:
CONTRACTOR: Waste Management -South
a Division of Waste Management
of Illinois, Inc.
`�
By: _: By.
• GE #P - :ent
Attest: Attest:
Charlene Smolle - VILLAGE Clerk Mike 'orley - Municipal Marke' ng M -nager
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
17
ATTACHMENT B - LANDSCAPE WASTE STICKER LOCATIONS
Lemont VILLAGE Hall
418 Main St., Lemont
Lemont Township Offices
16020 127`h St, Lemont
Sears Hardware
1146 State St., Lemont
Jewel
1202 State Street, Lemont
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. Livingston County Landfill
Pontiac, IL
2. RECYCLABLES
A. Banner Western Transfer Station
2100 Moen Ave
Rockdale, IL 60436
B. Waste Management Transfer
2150 Mound
Joliet, IL 60440
C. Diversified Recycling Industries
Homewood, IL
3. LANDSCAPE WASTE
A. Banner Western Transfer Station
2100 Moen Ave
Rockdale, IL 60436
B. Waste Management Transfer
2150 Mound
Joliet, IL 60440
D. Hammon Farms
Oswego, IL
19
ATTACHMENT D - MECHANISM FOR COMMUNICATING TO
RESIDENTS FOR NON -PICK UP
We could not pick up your :
TRASH
❑ no prepaid sticker attached
❑ too heavy for driver to lift
❑ improper container
❑ item excluded from residential pickup
❑ yard waste mixed with garbage
❑ please contact our office for service
❑ containers not at curb by 6:00 AM
❑ item too far from the road
❑ items are loose, need to be contained
YARD WASTE
❑ no prepaid sticker attached
O too heavy for driver to lift
❑ exceeds 4 ft. length limit
O brush must be bundled
❑ garbage mixed with yard waste
❑ not at curb by 6:00 A.M.
O items too far from the road
O yard waste must be in biodegradable kraft type paper bags
RECYCLABLES BECAUSE:
O products not recyclable
❑ products not rinsed dean
❑ caps left on bottles
O no plastic bags
❑ paper should be in paper bag
❑ OTHER
Waste Management 1- 800 - 747 -CART (2278)
inUv A Waste Management Company
Please correct the problem marked above and we will be
happy to pick it up on your next service day.
ank You
April 5, 2002
Mr. Gary Holmes
Village of Lemont
418 Main Street
Lemont, IL 60439
WASTE MANAGEMENT
2100 Moen Avenue
Rockdale, IL 60436 -9057
1-800-625-4355
1-800-747-2278
(815) 725 -4839 Fax
Dear Gary:
I have enclosed the following information that you have requested with regards to
Company information and certifications:
• Affidavit of Non - Collusion
• Affidavit of Non - Discrimination
• Contractor's Financial Certification
• Consent of Surety for the Performance Bond
• 2000 Annual Report
• List of WM of Illinois Corporate Officers and Directors
I hope that this information satisfies your request. Please do not hesitate to call me if ■
have any other questions or concerns at 815 773 -1196.
Sincerely,
Mike Morley
Municipal Marketi
A Division of Waste Management of Illinois, Inc.
CONTRACT FOR COLLECTION AND DISPOSAL SERVICES
FOR SOLID WASTE, LANDSCAPE WASTE, AND RECYCLABLES
AFFIDAVIT OF NON - COLLUSION
VILLAGE OF LEMONT
The undersigned, who has herewith submitted a bid to provide scavenger service in
accordance with plans and specifications furnished by the Village of Lemont for solid waste
collection and disposal service, does hereby affirm that they have not entered into any agreement,
understanding, or arrangement with any other bidder or prospective bidder or with any other person,
firm, or corporation relating to the price named in said proposal, nor have they entered into any
agreement, understanding, or arrangement under which any person, firm or corporation is to refrain
fro bidding, nor any agreement, understanding, or arrangement for any act or omission in restraint of
free competition among bidders.
The undersigned further affirms that they are not disqualified by law from contracting with
the Village of Lemont and that they have not disclosed to any person, firm or corporation, the terms
of this proposal or the price named herein.
DATE
Subscribed and Sworn to
before me this
day of i , 2002
otary Publi
Waste Management of Illinois
COMPANY
2100 Moen Ave, Rockdale IL
ADDRESS
Duly Authorized Agent /Officer
"OFFICIAL SEAL"
SHERRY K. STEINBRECHER
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 4/13/2005
CONTRACT FOR COLELCTION AND DISPOSAL SERVICES
FOR SOLID WASTE, LANDSCAPE WASTE, AND RECYCLABLES
CERTIFICATE OF NON - DISCRIMINATION
VILLAGE OF LEMONT
This is to certify that this firm does not and will not discriminate in any of its employment
practices against persons because of race, color, religion, sex or place of national origin or ancestry.
The undersigned will take all necessary affirmative action as may be required by all
applicable federal, state and local laws, ordinances, rules, regulations and orders to ensure that
applicants are employed, and that employees are treated during employment, without regard to their
race, color, religion, sex or national origin or ancestry.
DATE: 1
FIRM:
Waste Management of Illinois, Inc.
BY:
Title
3
r
r
1
1
1
1
1
1
1
1
APR -04 -2002 17:09
AL BILTHOUSE 630 879 8711 P.01
STATE OF ILLINOIS
) SS
COUNTY OF r � )
CO RA 0R'S C' RTIFICA"TIOPI
,being First duly sworn on oath,
deposes and states that all statements made herein are made oa bohalf of Contractor, that this deponent
is authorized to make them, and that the statements contained herein are true and correct.
Contractor deposes, states, and certifies that Contractor is not barred from contracting with a
unit of state or local government as a result of (i) a delinquency in the payment of any tax administered
by the Illinois Department of Revenue unless Contractor is contesting, in accordance with the
procedures established by the appropriate revenue Act, its liability for the tax or the amount of the tax,
as set forth in 65 ILCS 5/11 - 42.1 -I, or (ii) a violation of either Section 33E -3 or Section 33E-4 of
Article 33 of the Criminal Code of 1961, 730 ILCS 5/336 -I et seq.
DATED this day of
Attest/Witness
By:
Title:
20 <D".
By:
Title:
before me this � day �
Subscribed and Swam to be da of �� 20
�
My Commission Expires:
ESEALI
"OFFICIAL SEAL"
CAROL J. BEAVER
NOTARY PUBLIC, STATE OF ILLINOIS
COUNTY OF WILL
MY COMMISSION EXPIRES 4 -30 -05
TOTAL P.01
Mary Ann Garcia
April 4, 2002
Marsh USA, Inc.
1000 Louisiana Street
Suite 4000
Houston, Texas 77002
713 646 0760 Fax: 713 654 0538
Mary.A.Garcia@marsh.com
Mr. Mike Morley
Waste Management of Illinois, Inc.
2100 Moen Ave.
Rockdale, IL 60436
Subject:
Dear Mike:
Village of Lemont
04/04/02
Attached please find a consent of surety for the above referenced. In addition, as per our
conversation the issuance of the performance bond for the captioned is subject to the
Endorsement "A" attachment. This document is ready for filing with the Obligee. Good luck on
your bid.
Should you have any questions please call.
Regards,
6w
ary/A nn ¢arcia
Clie t Re resentative
/mag
Enclosure
P: \WM BID COVER.doc
TravelersPropertyCasualty 1
Amemberof crtigroup J
April 4, 2002
Village of Lemont
418 Main Street
Lemont, IL 60439
Principal: Waste Management of Illinois, Inc.
Bid Date: N/A
Description: Residential Refuse and recycling Collection and Disposal Contract
Dear Sir/Madam:
We, Travelers Casualty & Surety Company of America, hereby agree that in the event an
award is made Waste Management of Illinois, Inc., on the project as captioned, and a
mutually acceptable contract is signed, we will execute the necessary Performance and/or
Payment Bond, that may be required.
Sincerely,
TRAVELERS CASUALTY & SURETY
C - OF AMERICA
c(047
dittLi�
Tannis on
Attorney -in -fact
Attachment
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183 -9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the " Companies") path made, constituted and appointed, and do by these
presents make, constitute and appoint: Donald R. Gibson, Robert L. Bruce, Sandra R Parker, Lisa A. Ward, Kim Strahm,
William _ Martin, Leslie K. Hudgens, Tannis Mattson, of Houston, Texas, their true and lawful Attorney(s) -in -Fact, with full
power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following
instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the
Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and
all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
of attorney
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power executed and
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(11-00 Standard)