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HomeMy WebLinkAboutPacket - 06/20/2016 - Public Works CommitteePublic Works Committee Municipal Center 333 S Green Street, McHenry, IL 60050 June 20, 2016 — 5:30 PM Meeting Agenda 1. Call to Order 2. Public Comment: Any person wishing to address the Committee will be asked to identify themselves for the record and will be asked but are not required to provide their address. Public comment may be restricted to three -minutes for each individual speaker. Order and decorum shall be maintained at all public meetings. 3. Motion to approve the March 21, 2016 Public Works Committee meeting report 4. Discussion regarding current contract with Waste Management and proposed changes to residential waste hauling services 5. Consideration of the following Honorary Street Sign Designations: a. Honorary Deputy Dwight D. Mannes Way, Reagan Blvd. &Lincoln Rd and recommendation to add an exception to the current policy to allow more than three designations this calendar year 6. Discussion on proposed ordinance regulating location, placement, conforming and non conforming, and replacement of mailboxes damaged by the city; and direction to prepare an ordinance for the full Council's consideration 7. Discussion on proposed amendment to Municipal Code Chapter 18 Streets and Sidewalks to include Snow and Ice Removal, and direction to prepare an ordinance for the full Council's consideration 8. Adjournment The City of McHenry is dedicated to providing its citizens, businesses, and visitors wit/r t/re fiiglrest quality of programs and services in acustomer-oriented, efficient, and frscally responsible manner. PUBLIC WORKS COMMITTEE MEETING REPORT March 21, 2016 McHenry Municipal Center In Attendance: Committee Members: Chairman Alderman Schaefer, Alderman Wimmer and Alderman Glab. Absent: None. Also in Attendance: Director of Public Works Schmitt, Wastewater Superintendent Russell Ruzicka, Chad Pieper, HR Green, and Deputy Clerk Geraghty. l . Call to Order: Chairman Alderman Schaefer called the meeting to order at 5:40 PM. 2. Public Input: None 3. Motion to approve the February 1, 2016 Public Works Committee meeting report. Motion by Wimmer, second by Glab to approve the February 1, 2016 Public Works Committee meeting report. Voting Aye: Wimmer, Glab, Schaefer Voting Nay: None Not Voting: None Abstaining: None Absent: None Motion carried. 4. Consideration of and anticipated motion to approve the following Honorary Street Designations. tions. a. Honorary Joseph W. Thome Way, Millstream &Maple Avenue. Motion by Glab, second by Wimmer to approve the application for the Joseph W. Thome Honorary Street Designation and the installation of street signs designating the intersection of Millstream and Maple Avenue as Honorary Joseph W. Thome Way. Voting Aye: Glab, Wimmer, Schaefer Voting Nay: None Not Voting: None Abstaining: None Absent: None Motion carried. b. Honorary Rev. Roger W. Schneider Way, Green Street &Shepherd Hill Lane. Motion by Wimmer, second by Glab to approve the application for the Reverend Roger W. Schneider Honorary Street Designation and the installation of street signs designating Public Works Committee Meeting Report March 21, 2016 Page 2 the intersection of Green Street and Shepherd Hill Lane as Honorary Reverend Roger W. Schneider Way. Voting Aye: Glab, Wimmer, Schaefer Voting Nay: None Not Voting: None Abstaining: None Absent: None Motion carried. c. Honorary Bjorkman Family Way, Crystal Lake Road &Lillian Street. Director Schmitt reported the city's Honorary Street Sign policy permits no more than three designations awarded per calendar year and with the two designations previously approved at this meeting and presumably approved by the full City Council, the policy limit will be reached. Mr. Schmitt said he recently received a request on behalf o the Bjorkman Family. The applicant, Mr. Ned Neuman, is requesting an exception to the limit of three signs per year. Mr. Schmitt noted this designation is worthy of the policy and suggested if the Committee agrees, an option would be to award four designations this year (2016) and permit only two next year (2017). Motion by Glab, second by Wimmer to recommend cone -time waiver on the limit of three honorary designations for this calendar year with the condition that only two designations may be awarded in 2017, and approve the application for the Bjorkman Family Honorary Street Designation and the installation of street signs designating the intersection of Crystal Lake Road and Lillian Street as Honorary Bjorkman Family Way, Voting Aye: Glab, Wimmer, Schaefer Voting Nay: None Not Voting: None Abstaining: None Absent: None Motion carried. Now that the Honorary Street Designations are complete for the year, Chairman Alderman Schaefer asked the committee if there was anything about the policy the committee may want to consider adding or changing. Chairman Schaefer stated in his opinion someone working at a job in McHenry for over 20 years should not be reason enough to earn a street designation. Alderman Wimmer agreed stating community lineage and service should be more of a consideration. Mr. Schmitt noted these request are now considered by committee before full Council consideration for the purpose of reviewing the applications to ensure they meet the established criteria. Chairman Schaefer told Director Schmitt his staff does a good job of researching the applications prior to submitting them to the Committee for consideration. Alderman Glab agreed. Public Works Committee Meeting Report March 21, 2016 Page 3 5. National Pollutant Discharge Elimination System LT PDES) Stormwater Discharge Permit Annual Summary. Director of Public Works Schmitt informed the Committee that as a requirement of the NPDES Stormwater Discharge permit issued by the IEPA, city staff is required to provide the Public Works Committee with an annual update of the current stormwater program. Wastewater Superintendent Ruzicka administers the program and provided the committee with an update on this year's activities. • Overall three-month total (December, January, February) for creek cleanup increased by 150 man hours to 559, and 10 additional cubic yards of debris was removed. • Utilization of Best Management Practices training video for storm water protection to meet annual employee training requirements. • December 7, 2015 adoption of MCSMO. Staff is currently reviewing amendments to MCSMO to remain in compliance. • General Storm Water Permits for MS4's reissued on February 10, 2016. Alderman Schaefer asked if this was an annual or quarterly requirement. Superintendent Ruzicka answered it is an annual requirement and it is also a requirement to post information on the city's website and in the city newsletter. Alderman Glab noted an issue that comes up from time to time is below ground water flow. He stated in his neighborhood there is water that flows underground and he cited a few examples. Alderman Glab asked staff if there was any way to monitor underground water flows adding he understands this would be difficult to detect unless we were aware of an underground spring, etc. Chairman Alderman Schaefer thanked Superintendent Ruzicka for the report. 6. Discussion on the Lakeland Park Drainage Area. Chairman Schaefer acknowledged this topic was on tonight's meeting at the request of Alderman Glab and gave the floor to Director Schmitt. Director Schmitt said in response to Alderman Glab's request, he met with HR Green to discuss drainage issues in this area. Topics included ditch bank erosion, ditch sediment and vegetation build up, and home flooding issues adjacent to the ditch in the area of Home Avenue and Ramble Road. The discussion addressed the issues including a no band -aid solution that could cause problems downstream. Currently the IEPA is reviewing the Boone -Dutch Creek Watershed Planning Area Study and the Lakeland Park Drainage Ditch is included in that area. If approved, the drainage ditch might be eligible for a 319 Grant. This grant focuses on water quality and is typically a 60/40 cost share. Unfortunately, local drainage issues such as at Home Avenue and Ramble Road do not quality for this grant. A rough budgetary fee for the Public Works Committee Meeting Report March 21, 2016 Page 4 study is $50,000. The timing however could not be better to pursue this study as this grant is available. The Civil Engineer for HR Green who authored the proposal for the study, Logan Gilbertsen, grew up in the area of the Lakeland Park drainage ditch and knows the history of the area. He volunteers his time on the committee for the development of the Boone -Dutch Creek Watershed Planning Area Study. City Engineer Chad Pieper reported the drainage ditch is overgrown and in need of maintenance. The initial reaction is to clean out the ditch to get the water flowing again. However, all this will do is cause problems further down the system. At closer look, you find sediment build-up caused by the creek trying to slow itself down. After reviewing aerials from 1938, one can see the ditch was already channelized by farmers. Mr. Pieper told the Committee that when the Boone -Dutch Creek Watershed study began, Mr. Gilbertsen has the foresight to get this portion of the creek included as an item that needs to be studied to enhance water quality and reduce flooding issues. The Lakeland Park Drainage Area is on the list to be eligible for a 319 Grant and if the Council approves, the city will be one of the first applicants for this grant. Alderman Schaefer asked if this project is considered ready for grant application. Mr. Pieper said approving the study and proceeding with design would show the city's commitment to the project, which is what the grantors want to see. Mr. Pieper added the city has experienced flooding at Ramble Road and Home Avenue. This area appears to be localized and low lying with inadequate infrastructure in place to drain the storm water that collect there. This appears to be an isolated problem that may need some larger pipes or maybe the flow is going the wrong way. He looked at the area where the Trout Ponds used to exist and thinks perhaps that area could be used to help detain some of the water that is coming out of the gravel pits. Alderman Schaefer asked if everything was flowing from west to east and Mr. Pieper answered yes; generally when ground and storm water flows it follows the topography. Alderman Schaefer asked if this flowage going into Boone Creek ultimately flows into the Fox River by the R1verWall{. Mr. Pieper said yes; it originates in the gravel pit areas. Alderman Glab added it starts in Wonder Lake and meanders down to Crystal Lake and circles back up and added he thinks detention or redirecting the flow is the only way we will ever solve these problems. Alderman Schaefer asked Director Schmitt what action was required by the Committee to move this project forward and asked if this expenditure was budgeted. Director Schmitt said he was looking for direction from the Committee to present the proposal to the full City Council. Alderman Glab asked if Boone Creek was a part of the Watershed Study. Mr. Pieper answered there is a divide within the overall watershed between Boone Creels and the drainage ditch. HR Green did speculate diverting flow back from one because they meet down by the fire station. It would be reviewed however, he thinks it would make more sense to try to keep the projects separated and perform some detention in Lakeland Park; Boone Creek is much larger and behaves differently. Alderman Glab noted we are not in Public Works Committee Meeting Report March 21, 2016 Page 5 a situation for Boone Creek to cause any flooding at this time however there is future development on the horizon and this should be looked at. It was the consensus of the Committee to present a budget amendment to the Finance and Personnel Committee to fund the study. 7. Review amended list of roads included in the 2016 Road Program and 111 a motion to direct staff to present a recommendation to the full City Council to accept the list of amended roads as presented and to fund a total of $2,000,000 for the 2016 Road Program. Director Schmitt recalled on February lst, the Committee recommended the following streets to be included in the 2016 Road Program: Ashley Drive, Essex Court, Bamwood Trail, and Whiting Court. Also during the budget development process, and based on input from the City Council, the street program budget was increased in the FY 16/17 CIP from $1M to $2M. This increase is included in the proposed FY 16/17 budget to be reviewed by the Finance and Personnel Committee on March 21st. In anticipation of the Council's adoption of the FY 16/17 budget, staff presented a list of streets to be added to the program. On the committee's recommendations, staff will perform patch work on Lake Avenue and review Blake Avenue ranking. Alderman Glab made a motion, seconded by Alderman Wimmer to approve the 2016 Road Program List of Streets with the following amendments: move Lorient Drive from Rhonda Road to Bauer Road from the alternate to the main list; add Manchester Mall from Front Royal to Manchester Drive to the alternate list; and remove Lake Street from River Road to city limits from the main list. • Front Royal Drive from Route 120 to Chesterfield Drive • Crescent Avenue from Country Club drive to John Street • Main Street from Front Street to Green Street • Linda Road from Fairway Drive to Skyway Drive • Lorient Drive from Rhonda Road to Bauer Road • Skyway Drive from Bauer Road to Rhonda Road • Sussex Drive from Front Royal Drive to Ashley Drive • Sarasota Drive from Augusta Drive to Creekside Trail Alternate Roads • Donnelly Place from Dorchester Place to Brighton Place • Colony Trail from Deerwood Trial to Timber Trail • Manchester Mall from Front Royal to Manchester Drive Voting Aye: Glab, Wimmer, Schaefer Voting Nay: None Not Voting: None Abstaining: None Absent: None Motion carried. Public Works Committee Meeting Report March 21, 2016 Page 6 Alderman Glab asked for a future discussion on street maintenance and Director Schmitt said staff and HR Green are currently researching rejuvenation methods to bring forward to the Committee at a future meeting. 8. Adjournment There being no further business to discuss. Motion by Glab, second by Wimmer to adjourn the meeting at 6:50 PM. Voting Aye: Glab, Wimmer, Schaefer Voting Nay: None Absent: None Motion carried. Reviewed and Approved: Alderman Jeffrey Schaefer, Chairman Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us COMMITTEE AGENDA SUPPLEMENT DATE: June 20, 2016 T0: Public Works Committee FROM: Jon M. Schmitt, Director of Public Works RE: Waste Management Contract Extension ATT: Current contract between City of McHenry and Waste Management; and Waste Management's "at your door special collection service" brochure BACKGROUND: Waste Management of Illinois, Inc. has been under contract with the City of McHenry to provide exclusive residential waste hauling services since August 1, 2012. All single family residences, townhomes, condominiums and apartments that do not exceed four (4) units per building are included in this contract. The current contract expires July 31, 2017 with an option to extend the terms of the contract for an additional five (5) years based on a future negotiated rate. ANALYSIS: Staff presents the following changes to the current contract for committee discussion prior to requesting Waste Management of Illinois, Inc. for pricing to extend the contract an additional five (5) years: • Change to an all tote system, eliminating stickers for refuse (currently approximately 40% of the residents utilize totes) • Include "at your door special collection service" (see attached brochure) • Provide a larger recycling tote and/or an additional recycling tote at no extra cost to the resident. • Continue, discontinue or reduce the Saturday yard/brush drop off; possible options? The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. k representative from Waste Management of Illinois, Inc. will be in attendance to explain the "at your door special collection service" and answer any questions that committee members may have. Staff seeks direction from the Public Works Committee on possible changes to the residential waste hauling services to be included in the request from Waste Management of Illinois, Inc. for pricing to extend the contract an additional five (5) years. CITY'' QF III��HE�RY RECYCLABLE ! MATERIAL August 'I, 2Q'� � TABLE OF CONTENTS Article I. TERM OF CONTRACT Article IL DEFINITIONS Article III. SERVICES, RATES AND BILLING Article IV. GENERAL SERVICE REQUIREMENTS Article V. WASTE MANAGEMENT OF ILLINOIS, INC. PERSONNEL RE, QUMEMENTS Article VI. ADDITIONAL REC�TCLABLES PROVISIONS Article VII. SPECIAL CIRCUMSTANCES Article VIII. INSURANCE Article IX, INDEMNIFICATION Article X. PERFORMANCE BOND Article XI. COMPLIANCE WITH API'LICAI3LE LAW Article XII, SUBCONTRACTING AND ASSIGNMENT OF CONTRACT Article XIII. COMPLAINT RESOLUTION Article XIV. DEFAULT AND TERMINATION Article XV. NOTICE t�-ticle XVI. MISCELLANEOUS TERMS AND CONDITIONS Exhibit A. Services for Municipal Properties Exhibit B. Performance Bold Sample Page........................ 3 Pages ....................... �- Pages....................... 7 Pages..................... I 1 Page ...................... l3 .Pages ..................... Pages ..................... l4 Page ,............,,...,... l6 Page...................... l7 Page ...................... l7 Pages ..................... 17 Page ............. ........ I9 Page...................... 19 Pages ..................... 19 Page ...................... ai Pages..................... 2l Pages..................... 24 Pages ...... ............... 26 �a it x 4F MCHENRY CONTRACT FOR THE COLLECTION AND DI81'OSAIOF REFUSE, RECYCLABLE MATERIAL AND YARD 'WASTE This Conh•act made and entered into as ofthe day of to be deternninecl by and between the CITY OF MCHENRY ("City"), McHenry County, Illinois and WASTE I4ANAGEAIIMENT OF ILLINOIS, INC. having its place ofbusiness at A. The City is an Illinois municipal cozporationr, 13. WASTE MANAGEMENT OF ILLINOIS, INC, is a belaware Corporation which is authorized to do business in the State of Illinois and is engaged in the business of providnig municipal waste disposal and related services, C. The City and WASTE MANAGEMENT OF ILLINOIS, INC. Dave negotiated a contract under which WASTE MANAGEMENT OF ILLINOIS, INC. will provide municipal and residential waste collection and disposal services including refitse, recyclables, yard waste, white goods and special collections and bulk item pick-up for delivery to permitted and/or approved facilities in exchange for which the City is willing to designate WASTE MANAGEMENT OF ILLINOIS, INC. as the exclusive waste hauler for qualified residential units within the City subject to the terms and conditions of this Contract. The Contract shall include all single family and multifamily dwellings of four or less units. The Contract shall not include multi -family dwellings of greater than four units, commercial, industrial or institutional properties unless specified. D, The City iS aLTthornzed to enter lnito tI11S Contract 111rrSUan]t tQ its HOille Rule poweYS; Section 11�19-1 of tine Illinois Municipal Code {65 ILCS 5111 1-19-1) and Qiher statutory provisions contained in the Illinois Complied Statutes. Ct}NTRAC:I` PROVISIONS ARTICLE I -- TERM OF CONTRACT 'The terrxr of this Contract shall commence on August 1, 2t)12 and shall ternninate on July 31, 2017. The City shall have an exclusive and unilateral option to extend tine terms of this Contract for am additional five (5) years thereafter, based on a written fixture negotiated rate Zvith file Contractor, and in such event, all other terms of this Contract shall remain the same. Should Elie City select a different hauler• at the expiration of the Cantract, if the Cantrac# is terrnninated or if the Contractor• is released from the Contract with tine City, WASTE MANAGEMENT1 OF ILLINOIS, INC. shall renind, if applicable, to all customers the full purchase price of any refuse or yard waste sticker rettnrned to WASTE MANAGEMENT 3 OF ILLINOIS, INC, witl?i? b0 days after such contract expiration or release from the Contract. IWASTE MANAGEMENT OF ILLINOIS, INC. shall remove existing carts. within I0 days filom the expiration date or release froin the Contract. ARTICLE II =-DEFINITIONS The words used in this Contract shall be given there ordinary or co?nlnonly accepted definitions within the waste disposal industry unless the terms are otherwise defined Herein, in which case, those definitions shall apply. Notwithstaz?diig aziyprovision to tl?e colitraiy, to the extent any definition within in this Contract conflicts with any definitions contained within the City's Municipal Code then the Contract definitions shall take precedence. DEFINITIONS; Approved Solid �'4�asta Haile?•: A solid waste hauler selected by tl?e City Council to provide exclusive solid -waste services to City residents. Eulk Rein: Furniture, business or office equipnent, hand -Held appliances, reereational equipment, household equipment, floor coverings not to exceed four feet In length and two feet in diameter and other waste materials other than construction and demolition debris, dead animals, hazardous waste, electronic -waste or e-waste and white goods. Ci#y: The City of McI-Iez?ry, McHeiuy County, Illinois, a municipal co?poration as defiz?ed bylllinols State Statute. Constrzictian and DernoIi#ion belnris, or Debris: Waste material resulting from building connstruction, alteration, dcniolition or repair and dirt fi'orn excavations. Contract: The agreennent between the City and Contractor for solid waste seiviees. Canntractar: WASTE MANAGEMENT OF ILLINOIS, INC. a Delaware Corporation �whicln is authorized to do business ill the State of Illilcis and is engaged ii the business of providing municipal waste disposal and related services. Contala?ers: to be used for the pickup ofn•efiise shall be either (1) a prepaid sticker provided exclusively by tale Contractor tlu•ougl? the City and local business operators that are affixed to individual garbage bags provided by the residents (tile garbage bag shall not exceed 50 pounds in weight), or (2) a ninety-five (95) gallon mobile cart leased exclusively by a. - resident fioni the Contractor. It is noted that the garbage bag(s) that have the appropriate sticker(s) attached may be placed in a garbage can for pickup provided that all refuse is contained by the bag.' Containers for IZecyelables are to be a 64 gallon cart provided by Waste Management of IIIlilais to eaoln resident covered under this contract at no charge to the resident or the city. Additional bins provided by the homeowner may be used for overflow. Containers for yard -waste are hard -walled, typical garbage cans or containers not to exceed 33 gallons (marked with a large "X" uHicl? is clearly visible fiom the street) or 2-ply 50 0 pound weighu strength extensible -raft paper yard waste bags. Yard waste may also be disposed of by tying branches, which are no longer than four feet and weigh less than 50 pounds into separate bundles. Ctarbside: Off the street pavement and within five feet thereof, regardless of the existence of a curb or curb and gutter coanbunation. Garbage: Discarded materials resuItizng from the handling, processing, storage, pzeparation, serving and consumption of food, except for those items which are banned fiotn direct disposal into a landfill. Ilrazardous Waste: Waste, un any amount, wlnicln is defined, characterized or designated as hazardous by . the U.S. Environmental Protection Agency or Illinois Envizoznnental Protection Agency by or pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law. Hazardous waste also includes motor oil, gasoline, tires, paint and paint cans, floliciays: shall include the followizng recognized days: • Netiv Fear's Day a Memorial Day • July 4th • Labor Day + Thanksgiving Day +- Christnnas Day T�onischold Trasln; Any and all accumulations of the nnaterial f•ozn tine operation of a hozine, whIC h is not included within the definition of Garbage, except for those itezus which are banned from direct disposal into a landfill. Household trash shall include such things as small automobile parts and building material waste from residential type do�it-yourself projects provided such materials fit within the confines of an approved container. Large Household Items* Furniture {ii1CILIdIzng ,but not lznntted to mattresses, box springs, sofas, chairs, tables, bookcases, pianos and otinez° similar items of such category weighing snore than 20 pounds) and appliances {including, but not limited to microwaves, water softeners, and other similar items of such weighing more than 20 pounds}. Large household items shall not include White Goods. Litter: Garbage, refuse, paper, waste material, or other such debris or substances placed or allowed to remain on the ground. Nlttlti-Family Unit: A group of four or less single familydwelling units attached through tine ceiling, floor or sidewalIs physically located above, below another, each uznit being wider separate ownership or being rented or leased by a funnily or uidividual. E l'erformntzce Bond: The forth of security approved by the City and fizrnished by the Contractor as a guarantee i13at the Contractor will execute the wark iz3 accordance witl3 tlzc forms of the contract and will pay ail lawful claims. Recycl:3bIc iYla#eriais: are those itet33s t�rhic processed into a useftti, n3arketable material. materials are deemed to be recyclable: Non-papez• itetns: h becon3e a secondary z•aw material that is h'or purposes of this Section, t13e following • aluz33intztn cans and foil; • tin, steel, bi-metal beverage and food caul; • glass containers {aII colors); • Plastics - ## l tluu #5 and #7 "PET" "FETE" "HDPE" 6L'( />S "LADE]] 6LPP]] s�pS�] Paper items; Corrugated Cardboard; • Chipboard (paparboardj; • ne�.vspapez; • Magazines, telephone books, catalogs and jtu3k mail; • f�l•Ow13 l�z'aft paper bags; • MiYed or tniseeliat3eous paper products Refuse: as herein defnzetl zrteans all 13otzsehoIcl garbage, rubbish, and kitchen ���astes such as discarded food or food residues and paper neeessaxily used for wrappit3g same. Refuse does not include any of the follo�vu3g materials: materials classified as rec}�clables, n3atat•ials classified as yard 'waste; materials from eonstz•uctioz3 or razing of buildings, waste from any nla3zttfacturing processes, or hazardous materials as defitzed by P'ecleral, State, ar local law, r-uie ar t-egulation. Rztbl�islz: All non-putrescible solid wastes, u3cluding ashes, paper, cardboard, wood (other than yard �vastej, glass, arockez•y, cans, battles, rags, discarded clothit3g and litter, except those itetz3s which are batn3ed fiozn direct disposal into a landfill. Satre Da�� Sez-��ice: The delivery oftefizse, landscape waste and recycling service all oz2 the same day of the week to any izxclividuat residences ar con3n3ercial establislnuents. Sanitat•y T,zzndfill: A landfill permitted by the Slate �f lllinais under title 35 IAC Subtitle G: '4iraste Disposal. Single I;am ttacfiecl Residence: A group of dwelling units attached by a wall or walls, extending horn baserueut to the roof, each unit being accessible by its own separate exterior entrance at grade level, and also each unit being tinder separate ownership; e.g., row house, townhouse, condominium. Single FanriI;tDetached Residence: A free-standing, single fancily dwelling unit. Stop: Each dwelling unit in the City for the purpose of defining the extent of the collection service to be provided, and of determining the amount of materials collected. ��S'ftite Goocts: Appliances containing hazardous cannpanents as defined in 4I5 ILLS 5/22,28, including, but not limited to stoves, refrigerators, freezers, washing machines, dryers, dishwashers, air conditioners, humidifiers, dehumidifiers, hot water heaters, filr-traces and trash compactors. Yard Waste: rtneans grass clippings, weeds, Ieaves, cut up branches (not to exceed 3" in diameter- and 4' in length) and brush. Yard waste shall be placed in separate contairners from refuse. ARTICLE TTI SERVICES, RATES AND I3ILLTNG A. In the event of rnew or increases in existing gaveriunnentally- nnarndated taxes or fees on the services provided under this agreement, inncluding brit not lirnnited to new or increase in existing disposal fees and/or taxes, the contractor may notify the city of such to discuss the possible adjustment of the current rates accord: ngly, however any rate increase must receive prior approval from the City Council. B. WASTE MANAGEMENT OF ILLINOIS, INC. shall provide the following services to all .single fancily and multi -family dwellings of four or less units upon the conditions provided below: ST<;R��ICE OFFERED CONTAINER OPTIONS T`REQUEI'dCY OF SER'4'TCE METIZOD OT+' PRICYNG 1'E1Z PA•'Y11�ENT UNIT Refuse Bags with a total One tinge weekly One Refuse STICI4CER .FEE Collection content weight not to throughout the Collection Sticker PER BAG exceed 50 pounds year Per Bag Yr. 1: $3,45 OR Yr.2: $158 Yr. 3: $331 95 gallon mobile cart OR Yr. 4: $3.85 provided at no Yr, 5: $3,99 additional cost to customer by WASTE CART SERVICE MANAGEMENT OF hly Cart Fee FEE ILLINOIS, INC, LRefiisenot Yr. 1: $26.00 7 Refuse m excess of 95 contamed with YI•. 2: $26.91 gallons per week will Cart shall requite a Yr. 3: $27.85 be collected in refuse sticker for Yr. 4: $28M accordance with the each bag) Yr. 5: $29.84 Refitse Collection Sticker progran3. Recycling Contractor will One time weekly o additionaI None Collection provide at no charge a throughout the barge 65 gallon cart to each year residence covered under this contract. Any contamer satisfying City Code and per the limitations listed III the contract definitions. Unlimited Quantity of recycling material. Yard Waste Any eantailler rirsf fiiil week of ne Yard Waste STICKER BEE Collection satisfying City Code April through ollection Sticker Yr. 1: $2.50 and per the fast full week of er container or Yr. 2: $2.59 limitations listed in December jundle Yr. 3: $2.68 the contract Yr. 4: $2.77 definitions or bundles YI. 5: $2.87 containing yard waste securely tied and not to exceed four feet in length and 50 pounds weight per bundle chlastmas Place entire tree at One annual No additional 'frees curbside pickup per year charge Not Applicable dui 'iilg first two weeks of January Bulk Item No container One bulk item No additional Pickup Required weekly with charge Not Applicable refuse collection Special Customer to contact Unlimited but Direct payment to FEE PER PICK - Collections WASTE must be WASTE UP PER CUBIC MANAGEMENT OIL' scheduled MANAGEMENT YARD ILLINOIS, INC. to d rectly with OF ILLINOIS, Yr. L $20.00 snake arrangements WASTE MANAGEMENT OF ILLINOIS, INC. INC. by the ,ustonrer Yr, Yr. Yr. Yr.5: 2: 3: 4: $22.00 $24,00 $26.00 $28.00 White Customer to contact Unlimited but Direct payment to FEE PER ITEM Goods WASTE must be WASTE Yr, 1: $40.00 MANAGEMENT OF scheduled 'MANAGEMENT Yr. 2: $45.00 ILLINOIS, INC. to directly with OF ILLINOIS, Yr. 3: $50.00 make arrangements WASTE INC. by the Yr. 4: $55.00 MANAGEMENT ustonrer Yr.5: $60,00 OF ILLINOIS, INC. Additional. Customer to contact Unlimited but Direct payment to . FEE PER ITEM Bulk Items WASTE inust be WASTE Yr, 1: $15.00 MANAGEMENT OF scheduled \MANAGEMENT Yr. 2: $17.00 ILLINOIS, INC. to directly with OF ILLINOIS, Yr. 3: $19.00 snake arrangements WASTE INC. by the Yr. 4: $21.00 MANAGEMENT ustonrer Yr.5: $23,00 OF ILLINOIS, INC. CITY OF i11CI;!LLL'R�' MUNICIPAL I3UILDiNG COLLECTIOiV -The municipal buildings included in this service are described in Attaclnnent A. Over the ieims of the contract, any new municipal facilities or additional special events will be serviced by the Contractor at no charge to the City, YARD ANT ASTr COLLIJCTION FI2.ONI DZ2OP-OFF S)i:TES --The contractor shall also provide yard waste collection frown drop-off sites kup to two sites) at locations determined by file city. The drop-off sites will be operated on each Saturday floin the first full week of April tluough the first full week of December (except holidays) for a minimum of 5 hours and will be open at 7:00 am to receive yard waste. All staffing at the drop-off site will be the responsibility of the contractor. This service is included in the contract at no additional charge. CURBSIDE LOOSE LIAR COLLECT)<ON - G�.ibside loose leaf collection shall be pravlded to alI residential properties zllcluded lil the COntraet. Leaves shah be pickets up at least once per xv.eak on the same day as the resident's normal garbage collection or as soon as possible if due to circumstances beyond the contractors control with city approval beginning- the first Rill week of October through the first full week of December. This service is included in the contract at no additional charge. C. Billing and Payment, WASTE MANAGEMENT OF ILLINOIS, INC. will bill customers individually for Cart service, WASTE MANAGEMENT OF ILLINOIS, INC, also shall provide for the sale of Refuse and Yard Waste Collection Stickers and WASTE MANAGEMENT OF ILLINOIS, INC. shall collect charges directly fi•oin residents for Special Collections and White Goods collection. The resident may select which option or combination of payment options to choose for their 9 Ser'1'ree. I. I3illin ; Residents will be billed on a three-month cycle. Payments will not be due prior to halfivay through the service periods covered in the invoice• 2. Stickers: WASTE r1�IANAGEMENT OF ILLINOIS, INC. shall be responsible for arranging and paying for the printing of Refizse Collection and Yard Waste Collection Stickers that should be designed to be of a "one- time use" variety and must be. readily visible to WASTE MANAGEMENT OF ILLINOIS, INC. employees. The City has the right to review and approve or reject any proposed sticker for any reason including but not limited to appearance, quality, durability, ease of use and visibility and WASTE MANAGEMENT OF ILLINOIS, .INC, agrees to make such requested changes prior to the printing of the next Sticker order by its supplier. Refuse and Yard )AT aste Collection Stickers will be available at City Hail. WASTE MANAGEMENT OF ILLINOIS, INC, also may make arrangements with and collect payments from any businesses with which WASTE MANAGEMENT OF ILLINOIS, INC. has made arrangements to sell Refirse.or Yard Waste Collection Stickers. When the prices for any type of sticker change during the life of this Contract, residents shall be permitted to use any stickers already in their possession at no additional charge. D. Time and Da�of Cv1lec#ion. Collection services by all vehicles will begin no earliez than 7;00 a.m. All collection for each scheduled day shall be completed by 5:00 p.m. Collection days shall be Monday through Friday. Holidays to be observed by WASTE MANAGEMENT OF ILLINOIS, INC. are as follows. Ne�v Year's Day Independence Day Christmas Day Memorial Day Labor Day Ihanksgivurg Day In the e'cTent of a legal holiday, on which the enjployees of said Contractor do not tivork, alI Dick -ups for that week fez• the day of said holiday or succeeding days of sttch week, shall be delayed for one day and may require Saturday pick-up, The recyclable material shall be picked up on the same day as the garbage collection, If WASTE MANAGEMENT OF ILLINOIS, INC. is unable to collect municipal waste on the regular weekly collection day because of weather conditions, WASTE MANAGEMENT OF ILLINOIS, INC, shall immediately notify the City and collect the municipal waste on the next regular working day when weather conditions permit. E. ttcllting & Itepot'tin� The City reserves the. right to audit WASTE MANAGEMENT OI' ILLINOIS, INC.'s records as.follo�vs: 1. The City shall have the authority to review and audit• all records and receipts of WASTE' MANAGEMENT OF ILLINOIS, INC. regarding this contract. WASTE MANAGEMENT OF ILLHNOIS, INC, shall be given ten {i0) calendar days notice of the review or audit. 10 2. 4VASTB MANAGEIYIENT OF ILLINOIS, INC, s1nall keep its books and records in such a matuner as will readily facilitate the assessmetit of WASTE MANAGEMENT OF ILLINOIS, INC.'s billing, collecting, and recycling activities in the City. 3, The City Adninistrator may also verify the number of stops and valrurne of municipal waste being disposed of or verify any other matter related to this Contract through actual field investigation done by following the trucks or in any other such manner that the City Administrator shall determine necessary to ensure compliance with the terms of this Contract and to best assess City needs covered by this Contract. City and WASTE MANAGEMENT OF ILLINOIS, INC, agree that at no time shall City employees or agents be allowed to ride in or upon any WASTE MANAGEMENT OF ILLINOIS, INC, tricks or vehicles. �#, Reporting. WASTE MANAGEMENT OF ILLII�TOIS, INC. shall prepare and submit to the City, reports detailing all collection activities covered by the Contract for each month, including without limitation, recycling participation rate, the amount of refuse/solid waste, recyclables or yard waste collected. Reports shall be submitted quarterly no later than thirty (30) days following the end of the quarter. Ii, License Fee &Lost Fee: WASTE MANAGEMENT OF ILI_,INOIS, INC. will not be required to pay an annual license fee or host fees i£zequired per City Ordinance or otherwise. ARTICLE IV - GENERAL SIIRVICE REQUIRElYIENfiS The foIlo�ving provisions shall apply to all of the collection and disposal service to be provided by bVAS I'E MANAGEMENT' OF ILLINOIS, TNC, pursuant. to this Contract; A. Collection. Collection shall be znacle fi•am every single family and multi -family residential dwelling of four units or less That participa#es it either the Cart program or the prepaid sticker program. Collection shall be made at the curbside it a neat, orderly and efficient manner using due care and diligence in the performance of this Contract. The services to be rendered by 'ArASTE MANAGEMENT OF ILLINOIS, INC. herein.slzall be performed ill an orderly, efficient and workmanlike manner, with a work force adequate to accomplish the same on a regular basis despite adverse conditions, equipment breakdowns or similar hindrances, all to the reasonable satisfaction of the City. Refuse and recycling containers shall be neatly returned to the location where they were placed for collection. All property, which suffers damage caused by WASTE MANAGEMENT OF ILLINOIS, INC,, including, but not limited to sod, mailboxes, or gardens, shall be repaired or replaced by WASTE MANAGEMENT OF ILLINOIS, INC. as soon as possible to equivalent quality at the time of the damage, and at no extra charge to the property owner. WASTE MANAGEMENT OF ILLINOIS, INC. shall repair or replace, at its expense, containers damaged as a result of its handling thereof, reasonable wear and 11 tear is excepted. WASTE MANAGEMENT dF ILLINOIS, INC.'s employees shall not cut across rear, fiont or side yards or flower beds.to adjoining premises without permission of the property owner. 13. Collcction 'i'ruelcs. Collection tracks and other equipment used in the City by WASTE MANAGEMENT OF ILLINOIS, INC. in connection with the collection of municipal waste shall be maintained and operated in compliance with all federal, state and local statutes, ordinances and regulations, All collection trucks shall be covered and secured to prevent materials and items fi•om blowing, leaking or falling out during transit. All collection trucks shall have the name and Iogo of WASTE MANAGEMENT OF ILLINOIS, INC. clearly displayed on both sides of the, collection truck in a size that is large enough to be easily readable. C. Customer Service, WASTE MANAGEMENT OF ILLINOIS, INC. shall maintait an office and published toil free telephone number, for the receipt of service calls or complaints, and shall be available for such calls on all working days fi'ojn 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 WASTE MANAGEMENT OF ILLINOIS, INC, shall immediately urvestigate; and if verified, shall arrange for pick-up of said waste within 1 business day after the complaint is received. WASTE MANAGEMENT OIL ILLINOIS, INC. shall maintain a daily log of such calls or complaints received, which record shall be open to the City for inspection at any reasonable time. This information will be submitted to the City oil a quarterly basis. WASTE MANAGEMENT OF ILLINOIS, INC. shall meet with the City as often as needed to review customer complaints and resolutions. WASTE MANAGEIVIENT OF ILLINOIS, INC. shall respond to any requests for service promptly and as soon as reasonably possible if the call for service is prompted by a circumstance that constitutes a hazard to persons or property. D, Debris and Lifter. WASTE MANAGEMENT OF ILLINOIS, INC. shall pick up and clean all materials that nnay be blown, littered, spilled ar- broken as a .result of being handled by WASTE MANAGEMENT OF ILLINOIS, INC. personnel during and after collection. Any materials or items that are spilled dumped or which fall fiotn collection trucks or which are spilled or dumped by WASTE MANAGEMENT 'OF ILLINOIS, INC. personnel shall be cleaned up and removed within twenty-four hours (weather permitting) of verbal notification made to WASTE MANAGEMENT OF ILLINOIS, INC, on behalf of the City or by a resident. In the event such materials or items are not removed within the twenty-four hour period, the City shall have the right to clean and remove the materials and items at the expense of WASTE MANAGEMENT OF ILLINOIS, INC. WASTE MANAGEMENT OF ILLINOIS, INC. shall reimburse the City for the reasonable cost of such cleaning and removal within 30 days of receiving an invoice from the City for the expense of the cleaning and removal, E, Damage to Streets, Parkways and Other Public Rights of Way. WASTE MANAGEMENT OF ILLINOIS, INC. shall take all reasonable actions to avaicl dannagc, as a result of its and any subcontractor's operations to exist sidewalks, curbs, streets, trees, parkways, pavements, utilities, adjoining property, the work of 12 separate 1.0I1t1'aCtOrs, and the property of the City and others. If WASTE MANAGEMENT OF ILLINOIS, INC. is found by the City Administrator to be responsible for any such damage by a preponderance of the evidence, WASTE MAINAGEMENT OF ILLINOIS, INC. shall repair any damage thereto or replace damaged items specifically caused by WASTE MANAGEMENT OF ILLINOIS, INC. or its subcontractors' operations outside the normal coarse of operations and practices, normal wear and tear excepted. WASTE MANAGEMENT OF ILLINOIS, INC. shall also leave all property described in the preceding sentence in clean and sightly conditions, and shall clean property that has been made unclean or unsightly while serving the City. WASTE MANAGEMENT OIL ILLINOIS, INC, shall provide collection equipment that will not scar, mangle, deform or damage City streets, and operators that will operate vehicles in a manner that will not damage streets, sidewalks, parkways, etc. In the event that WASTE MANAGEMENT OF ILLINOIS, INC. fails to promptly repair any such damage after reasonable notification, the City shall have the right to have the damage -repaired itself at WASTE MANAGEMENT OF ILLINOIS, INC,'s expense, WASTE MANAGEMENT OF ILLINOIS, INC. shall reimburse the City for the reasonable cost of any such repairs within 30 days after receiving an invoice from the City for the expense of the cleaning, removal or repairs made by the City. F, Closed Streets, In the event a street is closed due to constr-r�ction woxk, V4'.ASTE MANAGEME414 I OF ILLINOIS, INC. agrees to collect all materials covered by this Contract in accordance with a regular schedule, and in accordance with a method of collection approved by the City. G. In#'arnrationaI .and EducativnaI Activities, Upon execution of this contract, WASTI: MANAGEMENT OIL ILLINOIS, INC., at its expense, shall be required to develop, print and distribute one time, to all customers, a brochure describing their services throughout the Contract period. This brochure must first be approved by the City and should explain the refuse/solid waste, bulk item, yard waste, recycling programs, special collections, and white goods collections coveredby this contract. This brochure will also be provided to any new customers who request service during the life of the contract. The brochure shall be updated and distributed to each residence whenever there is a major change in the scillice or progranrrs provided, or as further directed by the City. ARTICLE V —WASTE MANAGEMENT OF ILLINOIS, INC, PERSONNEL I2EQUIREI�IEN'IS . , A, Liaison, WASTE MANAGEMENT OF ILLINOIS, INC. shall assign a qualified person or persons to be in charge of its operation in the City and to serve as a liaison with the City. WASTE MANAGEMENT OF ILLINOIS, INC. shall furnish the City with a telephone number at -which this person (or his/her substitute) will be available 24 hours a day. I3. Personnel Qualifications and Regulation, Each employee operating a vehicle shall at all times earxy a valid operator's license for the type of vehicle the employee is operating. All WASTE MANAGETVIENT OF ILLINOIS, INC. employees 13 involved in the collection of municipal waste within the City's corporate limits shall wear uniforms. WASTE MANAGEMENT OF ILLINOIS, .INC. shall prohibit any cirinknig of alcoholic beverages or the use of any controlled substances, except by doctor's prescription, by its drivers and crew ineinbers while on duty or in the course of performing their duties required under the terms of this proposal. WASTE MANAGEMENT OF ILLINOIS, INC. shall conduct drug and alcohol testing of all employees involved in the collection of municipal waste in the City as required by any applicable federal or state law, rule or regulation. Employees of WASTE MANAGEMENT OF ILLINOIS, INC. providing municipal waste collection services in the City shall be neat and orderly and shall be courteous to residents of file City and employees of the City. C. Stzitzzble Emt�loyees. In the event that any of triTASTE MANAGEMENT OF ILLINOIS, INC.'s employees are deemed by the City, in the City's sole discretion, to be unfit or unsuitable to perform the services required finder the terms of.this proposal as a result of intoxication, drug use, incompetence or by virtue of abusive or obnoxious behavior, or for any other reason, then, upon request of the City, WASTE MANAGEMENT OF ILLINOIS, INC. shall remove such employee from work within the City and replace hinl/her with a suitable and competent employee. 13. Traiziin�, WASTE MANAGEME1�zT OF ILLINOIS, iNC, shall provide operating and safety training for all employees engaged in providing the services provided for under this Contract. A�2TICLE VI —ADDITIONAL REC�CLABLES PROVISIONS A. Revenues. WASTE IVIANAGEMENT OF ILLINOIS, 1NC. shall be entitled to retain any and all revenzze which inay be generated by the sale of disposal of recyclables which it collects pursuant to this Contract. WASTE MANAGEMENT OF ILLINOIS, INC. shall retain 100% of the revenue (if any) front, the sale of any other municipal waste materials which it may collect fi•oin within the City. B. Additional Items to Collect, WASTE MANAGEMENT OF ILLINOIS, INC. may provide for collection of additional recyelabie materials in addition to 'those materials described in the municipal City Code definition o.f "recyclables". The City reserves the right to require WASTE MANAGEMENT OF ILLINOIS, INC, to collect additional items as recyclables should WASTE MANAGEMENT OF ILLINOIS, INC. collect such items as recyclables.for another municipal customer located in McHenry County, Illinois subject to and conditioned upon WASTE MANAGEMENT OF ILLINOIS, INC.'s ability to collect said new recycling materials in accordance with its standard collection procedure / practice. ARTICLE VII — SPACIAL CIRCUMSTANCES A. Acldi#ianal Services. WASTE MANAGEMENT OF ILLINOIS, INC. shall offer a special curbside collection service t'or large quantities of refuse inchtdsllg, but not limited to, household construction and demolition debris, and nlove-ill or move -out clean-up • rubbish if such collection can be reasonably managed with curbside 14 collection service. Such services and payments shall be by advance arrangements with WASTE MANAGEMENT OF ILLINOIS, INC, at the resident's request and expense at the rate per cubic foot described in Arfiche III. WASTE MANAGEMENT OF ILLINOIS, INC. shall advise the resident directly of the terms of such colledtion and payments (i.e., what materials will be collected, how the materials should be prepared, the date of collection, the policy on furnishing advance estimates of charges, and the like). WASTE MANAGEMENT OF ILLINOIS, INC. also shall, at the request of the City, collect quantities of refuse, debris, or yard waste left at the curb in unusual circumstances, such as evictions or "skip -oats," and shall bill the property owner for such costs at the rate per cubic foot described in Article Ill, provided WASTE MANAGEMENT OF ILLINOIS, INC. has a forwarding address on file for the resident. WASTE MANAGEMENT OF ILLINOIS, INC. also shall offer dunipster rental and pick-up service for residents with household remodeling and repair projects that generate large quantities of construction and demolition debris which catuIlot be easily picked up at the curbside. The terms of, as well as charges and payment for, this service shall be arranged solely between WASTE MANAGEMENT OF ILLINOIS, INC. and the resident, No dumpsters or special collection shall be placed on a public street or in a public rlght-of way without the written permission of the City. B. Disasters. VtjASTE MANAGEMENT OF ILLINOIS, INC. is responsible for collecting all refuse items normally collected under the Contract In the event of flooding or other manmade or natural disasters, regardless of the amount of such material that is generated; provided, however, such refuse is properly prepared for collection.and appropriate fees are paid as outlined in Article III, Regular collection times znay be waived by the City in such cases, and WASTE MANAGEMENT OF II LlNOIS, INC, may have to supply additional equipment to handle the amount of refuse, For extraordinary pickups coordinated between the City and Contractor, above and beyond the service provided for in this Contract, the City shall be responsible for payment for these services to the extent payment is not otherwise made. However, WASTE MANAGEMENT OF ILLINOIS, INC, shall be entitled to any passAh ough disaster relief reimbursement for municipal waste collection made to the City, and WASTE MANAGEMENT OF ILLINOIS, INC. agrees to credit to the City account or to refund to the City any disaster relief monies received directly front another goveim'mental agency but paid directly to WASTE MANAGEMENT OF ILLINOIS, INC. for the benefit of the City's disaster relief cleanup. Any such monies will first be credited to any outstanding balance owed to WASTE MANAGEMENT.OF' ILLINOIS, INC. by the City its connection with said disaster relief cleanup and any excess monies received by WASTE MANAGEMENT OF ILLINOIS, INC. will be refunded to the City, C. Conrmei•cial Requests. WASTE- MANAGEMENT OF ILLINOIS, INC, may, at its option, contract separa#ely with firms or bushiesses for collection service outside the scope of this Contract, subject to any ordinance and City code regulations governing private scavengers generally, and providing such operations shall not interfere with the satisfactory carrying out of the work under this Contract, D. Change ixa the Service Area, Upon request by the City, -WASTE MANAGEMENT t5 OF ILLINOIS1 INC, shall service any all annexed to the City during the term of the contract, as well as residential dwellings constructed during said terns. Service to land annexed to the City and future residential development shall be provided on the same terns as set forth herein. A structure shall be considered- a serviceable address upon issuance of the Certificate of Occupancy. Changes to the corporate boundaries or service area resulting from annexations and zoning actions, shall be conununicated to WASTE MANAGEMENT OF ILLINOIS, INC, by the City. ARTICLE VIII —INSURANCE Insurance. WASTE MANAGEMENT OF ILLINOIS, INC. shall fi�rnish at WASTE MANTAGEMENT OF ILLINOIS, INC.'s sole cost insurance Gorr an insurance carrier or its agent,. acceptable to the City, which has a Best's rating of not less than "A."and a cliissitication of "X" or better. Throughout the term of this Contract and any renewal thereof, WASTE MANAGEMENT OF ILLINOIS, INC, agrees, at a Minimum, to carry and maintain in effect insurance and to name the City, in all cases, as an additional insured, as follows: 1. Worker's Compensation; WASTE MANAGEMENT OF II.LINOIS, INC. shall carry in a company authorized under the Iaws of the State of Illinois a policy to protect itself against liability under the Worker's Compensation and Occupational Diseases Statutes of the State of Illinois or any other governing laws related to worker's compensation. 2. Motor icle .Liability Insurance: WASTE MANAGEMENT OF ILLINOIS, INC. 01na11 carry in its oVvnn name a policy under a comprehensive form to insure the entire motor vehicle liability for its operations with limits no less than $3,000,000 each person and $5,000,000 each accident bodily injury and death liability and $1,000,000 each accident for property damage liability, This policy shall name the City as additional hnsured as to the operation of vehicles owned or operated by WASTE MANAGEMENT. OF ILLINOIS, INC. 3. General Liability: WASTE MANAGEMENT OF ILLINOIS, INC. shall carry in its oSyn name a comprehensive liability policy for its operations other than motor vehicle with limits of at least $3,000,000 each person and $5,000,000 each accident bodily injury and death liability, and $1,000,000 each accident for property damage liability. The City shall be named as an additional insured on this policy, All liabilit}= policies shall include cross liability coverage and a standard ISO separation of I1nSLIPet1S provision Or itS egUlvalent. Said insurance policies shall not be cancelable without thirty (30) days prior written notice to the City, ti�'ASTE MANAGEMENT OF ILLII�TOIS, INC. shall furnish the City with certificates and additional insured endorsements evidencing that the insurance provided for herein is maintained by WASTE MANAGEMENT OF IILLINOIS, INC. within seven (7) days of the date of any request by the City. The insurance coverage specified herein 16 constitutes the ininimum requirements and said requirements shalt inn rno way lessen of limit tlie liability of WASTE MANAGEMENT OF ILLINOIS, INC, under- the terms of this Contract. WASTE MANAGEMENT OF ILLINOIS, INC. shall procure and maintain at its owri cost and expense, any additional kinds and amounts of insurance which, in: WASTE MANAGEMENT OF ILLINOIS, INC.'s own judgment, may be, necessary for its proper protection in the prosecution of the work. ARTICLE IY — INDENINITICATION WASTE MANAGEMEN`f OF ILLFNOIS, INC. shall indemnify and hold harmless the City including, but not limited to, its officials, staff, employees, agents, attorneys and accountants against any and all damages to property or injury or death of any person or persons, including property and employees, agents, or invitees of the City and. shall defend, indemnify and hold harmless the City from any and all claims, demands, suits, actions, or proceedings of any kind or nature, or by anyone whatsoever, including but not limited to casts, expenses and attorney fees, in any way resulting from or arising out of WASTE MANAGEMENT OF ILLINOIS, INC.'s performance under the ternns of this -Contract, Nothing in the above paragraph shall be considered to preclude the City from receiving the benefits of any insurance NVASTE MANAGEMENT OF ILLINOIS, INC. may carry which provides for indemnification for any loss or destruction of, or damage to property in the custody and care of WASTE MANAGEMENT OF ILLINOIS, INC. where such loss, destruction or damage is to City property. ARTICLE � -- PERI+ORIYIANCI: I30NA Prior to August 1, 2QI2, WASTE MANAGEMENT OF ILLINOIS, INC. shall procure a Performance I3ornd with corporate surety acceptable to tlne City in the suns of $25Q,QQQ for the period of this Contract, including any renewal thereof, conditioned upon the faithfid perfor•nnance by WASTE MANAGEMENT OF ILLINOIS, INC. I of its obligations under this Contract and upon its full compliance with the laws of the State of Illinois and ordinances and regulations of the. City, and said bond shall indennify the City against any loss resulting from any breach or failure of performance by WASTE MANAGEMENT OF ILLMTOIS, INC, after notice, in accordance with the Contract, and a reasonable opportunity to cure. In the event the City intends to submit a .claim against WASTE MANAGEMENT OF ILLINOIS, INC.'s bonding company the City shall provide WASTE MANAGEMENT OFF II,LINOIS, INC, with written notice at least seven (7) business days prior to submittal of said bond claim to NTASTE MANAGEMENT OF ILLINOIS, INC.'s bonding company. The surety on said bond shall _ have at least an AAA financial rating in the most recent edition of Best's Insurance Reports. Said Performance Bond shall act in addition to and not inn lieu of any indemnification provisions in this Contract. The bond shall be drafted in a nnarmer acceptable to the City and shall be substantially similar in form and content to the Bond attached as Exhibit B to this Agreement. ARTICLE 1I — COMPLIANCII 'V4'ITH APPL.ICABIfIa LANY I)isrrasal Site, Licenses & Pernnits, 17 A. All garbage, rubbish or waste, and refuse collected by the Con#ractor, shall be disposed of by the Contractor at a site outside the City limits. Disposal methods and sites shall be licensed and approved by the relevant regulating authority. Documentation of said license and approval shall be required upon request from the City. B. Conrpiiance ��itl� At�trlicable Laws; Pere;ifs and Licenses. WASTE MANAGEMENT OF ILLINOIS, INC, shall comply with any and all applicable laws in connection with the collection and disposal of municipal waste from within the City and in the performance of any of its other obligations under this Contract. WASTE MANAGEMENT OF ILLINOIS, INC, shall not act or fail to act ifn any manner which shall cause the City to be in violation of any applicable law, rule or regulation. WASTE MANAGEMENT OF ILLINOIS, INC. shall obtain at its own expense all permits, authorizations and licenses required by federal, state, county and local law or ordinance and maintain such permits and licenses in fall force and effect during the term of this Contract. WASTE MANAGEMENT OF ILLINOIS, INC, shall comply with any applicable governing recycling rales•or regulations. C. Cani��Iiance ���ith Other Applicable l;,,a't�c�s Including PrevarIirn� Wanes and Equal Employment Opportunity Compliance. WASTE MANAGEMENT OF ILLINOIS, UNC. shall comply with all applicable laws, ordinances, rules and regulations of any Federal agency or of the State of Illinois, County of McHenry, and the City (e.g., Title 3, Chapter 8) relating to the services required under the tennis of this Contract, use of premises and public places and safety of persons and property. This compliance requirement includes, but is not limited to the application of the Prevailing Wage Act as amended, if applicable, 820 ILCS 13010.01 el seq. and the Employment of Illinois Workers in Public Works Act as amended, 30 ILCS 570/0/01 et seq, if applicable, In performing this Contract and providing services pursuant to this Contract, WASTE MANAGEMENT OF ILLINOIS, INC, shall comply with all applicable federal and state laws relating to equal employment opportunities, including . all applicable laws which prohibit discrimination in employment, including but not limited to the Illinois Human Rights Act, (775 ILCS 5II-101 et serf.) and agrees that during the performance of this Contract, WASTE MANAGEMENT OF ILLINOIS, INC. will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or ancestry, and further, that it will examine all job classifications to determine if minority persons or women are under-utilized and will take appropriate affirmative actioni to rectify any such under -utilization. D. I`reedatnn of Information Act. During the performance of this contract, WASTE MANAGEMENT OF ILLINOIS, INC. agrees to comply with alI of the regulations of the Illinois FOIA that apply to WASTE MANAGEMENT OF ILLINOIS, INC.'s records over the term of this Contract. When requested by the City, WASTE MANAGEMENT OFF ILLINOIS, INC. is required to provide all non-exempt records requested within four (4) business days, at no additional cost to the City of McHenry WASTE MANAGEMENT OF ILLINOIS, INC, hereby acknowledges that such records may be released to the public. ARTICLE YII _SUBCONTRACTING AND ASSIGI\T1bII;NT OF CONTRACT This Contract shall not be assigned or transferred by WASTE IviANAGEMENT OF ILLINOIS, INC, without the consent of the City in writing and, further, none of tine services to be provided under this Contract shall be subcontracted without consent of the City In �vn•iting. Such assigrunent shall not relieve the Contractor fi&oin any obligations, or change the terms of this Contract. AItTICI1F, ;III — COI11I'LAINT RESQLUT'IQN All complaints shall be resolved to the satisfaction of the City, tivithin 24 hours. Upon request, the contractor shall supply the City with copies of all complaints on a form approved by it and indicate the disposition of each. The form shall indicate the day and the hour on which the complaint was received d .an_ the day and the hour on which it was resolved; NVhen a complaint is received on the day preceding a holiday, at the end of the business week, or on a Saturday, it shall be serviced on the next working day, ARTICLE YIV — DI;I<`AULT AND TElZNIITVATION A. Should WASTE MANAGEMENT OF ILLTNOIS, INC. fail to perform any material ternis or conditions of the Contract , or should the City receive an ongoing and persistent pattern of complaints by residents abo-at WASTE MANAGEMENT OF fLLINOIS, INC.'s perforiniance that remain unsatisfactorily addressed or that occur repeatedly, the City shall have the right to terminate the Contract after twenty (20) days . written notice to WASTE MANAGEMENT OF ILLINOIS, INC. of the violation of the Contract and the failure of WASTE MANAGEMENT OF ILLINOIS, INC. to remedy the violation within said tune. In addition to any and all equitable and legal remedies available to the City in the event of a breach of the Contract by WASTE MANAGEMENT OF ILLINOIS, INC., the City shall have the right to call upon the performance bond described un this Contract. However, the City shall provide WASTE MANAGEMENT OF ILLINOIS, INC. with reasonable notice of an alleged breach of this Contract and a reasonable opportunity to cure prior to City subinitting a claim to -WASTE MANAGEMENT OF ILLINOIS, INC.'s bonding company. Written notice from the City to the Contractor of an alleged breach, less than 48 hours thereafter, shall not be deemed unreasonable. In addition, a reasonable opportunity to cure within five (5) days following said notice shall not be deemed unreasonable, The remedies provided to the City herein shall be cumulative and not exclusive. No waiver by the City of a default by WASTE MANAGEMENT OF ILLTNOIS, INC, under the Contract shall be construed as a waiver by the City of any continuing or subsequent default or failure to perform on the part of WASTE MANAGEMENT OF ILLINOIS, INC. I3. After reasonable notice to WASTE MANAGEMENT OF ILLINOIS, INC. and the oppar-tunity to cure, inn the event of WASTE MANAGEMENT OF ILLINOIS, INC.'s failure to perform, breach or tennination, the City may proceed with the work itself or cause such work to be undertaken by a third party, and the City shall have the right to bill the WASTE MANAGEMENT OF ILLINOIS, INC. for all reasonable additional costs incurred by the City due to such failure of WASTE 19 MANAGEIv1ENT OF ILLIATOISI INC, to perform. At the election of the City, WASTE MANAGEMENT OF ILLINOIS, INC. shall pay said costs to the City within thirty (30) days or shall allow the City to deduct such costs from any payment to WASTE MANAGEMENT OF ILLINOIS, INC., if any, for past services rendered, which play be due and owing. The City retains all other rights it may have at law or in equity for any failure to perform or breach of contract C. If WASTE MANAGE1vIENT OF ILLINOIS, INC. shall becarue insolvent or fail to meet its financial obligations, or in the event a petition of relief under the US. Bankruptcy Code, by either voluntary or involuntary proceedings, is filed ill which WASTE MANAGEMENT OF ILLINOIS, INC. is the debtor, then the contract may be terminated at the option of the City upon fifteen (15) days written notice to WASTE MANAGEMENT. OF ILLINOIS, INC. and in no event shall the contract be., or be treated as, an asset of WASTE MANAGEMENT OF ILLINOIS, INC. after the exercise of said option. D. The Contras# is not assigrnable by WASTE MANAGEMENT OF ILi.INOIS, INC., either volulntarily or irnvoluntarily, or by process of law, without the prior written consent of the City and shall not be or come under the control of creditors, or a trustee, or trustees of WASTE MANAGEMENT OF ILLINOIS, INC. in case of bankruptcy, or insolvency of WASTE MANAGEMENT OF ILLINOIS, INC., but shall be subject to termination as above provided. Any such consent shall not be unreasonably withheld. E. This Contract shall terminate and be of no further• force and effect (1) if WASTE MA341AGEMENT OF ILLINOIS, INC., or ally of its officers or ennployees, is convicted of a violation of either Section 33E-3 or Section 33E' 4 of the Illinois Criminal Code, (2) if WASTE MANAGEMENT OF ILLINOIS, INC, becomes delinquent in the payment of any tax administered by the Illinois Department of Revenue or (3) -if. WASTE MANAGEMENT OF ILLINOIS, INC. other"fise becomes i ineligible to contract to perform the services provided for under this Contract or to provide municipal waste collection services to the City under any applicable law, F. Neither WASTE MANAGEMENT OF ILLINOIS, INC, nor the City shall be liable for the failure to perfol-rn their• duties if such failure is caused by catastrophe, riot, war, governmental order or regulation, strike, fire, accident, act of God or other similar or .different .contingency beyond the reasonable control. of WASTE N MAAGEMENT OF ILLINOIS, INC. G, Failure of either party hereto to insist oil the strict performance of any of the prOVL51orIS lner'eirl or to exercise any of the rights or remedies aacrz�ing hereunder upon default or Failure ofper fornnanee shall not be considered a waiver of the right to insist oil, and to enforce by any appropriate remedy, strict compliance with any obligation hereunder or to exercise any right or remedy occurring as a result of any future or continued default or failure of performance, 2fl 0 ARTICLE XV - NOTIC>� Unless otherwise expressly specified, all notices to be given pursuant to this Contract shall be given in writing -and shall be deemed given when delivered by messenger, facsimile transmission or by the United States avails (and, if mailed, shall be deemed received two business days after the postmarked date thereof, with postage prepaid, registered or certified), and if intended for the City, delivered or addressed to: City Administrator McHenry City Hall 333 S. Green Street McHenry, Illinois 60050 and if iaaterrded for' WASTE MANAGEMENT OF ILLINOIS, INC. deli�rered or addressed to. Michael Brink or Municipal Marketing Manager Waste Management of Illinois, Inc. 141I Opus Place, Suite 400 Downers Grove, IL 60515 Dither party may change the address to which notices for such party are to be sent by giving notice of sucin clnainge to tine other party un the annainner herein above provided. Unless WASTE MANAGEMENT OF ILLIN©IS, INC. is notified otherwise or unless this Contract provides otinertvise, all correspondence and otlnen• contaot Uetweeai the City and WASTE MANAGEMENT . OF ILLINOIS, INC, small be made through the City Administrator or such other person as may be designated ill this Contract or designated by the City Administrator to handle a particular.` matter relating to this Contract or the collection ofinunieipal waste within the City by WASTE MANAGEMENT OF ILLINOIS, INC.. ARTICLE XVI -- MISCELLANEOUS TERiYIS AND CONDITIONS A. Ai•Uitration/Legal Fees. The parties Hereto agree to resolve any and all disputes and claims relating to this Contractby binding arbitration under the jurisdiction of the American Arbitration Association, under its Commercial Industry Rules and the exclusive venue of any such proceeding shall be the City Hall in the City of McHenry, Illinois. The award in any such proceeding shall be enforceable in any court o f competent jurisdiction. Provided, however, any injunctive or other equitable relief may be pursued by either party exclusively vi the 22" d Judicial Circuit Court, McHenry County, Illinois. The prevailing party in any action which may be brought as a result of a breach of the provisions of this Contract or to 21 ofhcrIT ise enforce the terms of this Contract shall be entitled I from the non -prevailing party, the costs it incurs, including, but not limited to reasonable attorneys' fees, as a resuitofsuch action. 13. Annlicable Law and Venue. The consta-iictioi�, interpre#anon and enforeeinent of this Contract shall be governed by Illinois Law. Venue for any legal or equitable action relating to this Contract shall be. in McHenry County, Illinois, C. Heaclitr�s. The headings used in this Coizti•act are for the convenience of the parties and are not a part of the Contract. The headings do not inodify the Contract and shall not affect the meaning of any of the provisions in this Contract. D. 1lZoc[ification and Ei,n�endment..This Contract n2ay be modified or amended only by a written instrument signed on behalf of both the City and 'WASTE MAT,TAGEMENT OF ILLINOIS, Th,TC. L. Enfirc Confraet. This Contract constitutes the entil•e agreement of the parties aiTcl supersedes all previous connnunications, representations or agreements, either verbal or written between the parties. F. Coapei•atian. The City and WASTE MANAGEMENT OF ILLINOIS, INC. each acknowledge_ the working nature of this Contract and each party agrees to cooperate and consult with the other party in an effort to speedily and ainicably resolve any unforeseen difficulties or problems not covered by this Contract. G. SeverabiHtY. If any provision or part thereof of this Contract shall ever be held to be invalid or unenforceable, such invalidity 6r unenforceabiiity shall not affect any other provisions or part of this Contract and any provision not held invalid or unenforceable shall continue in hall force and effect unless such invalidity or umnfbrecability renders this Contract meaningless or grossly inequitable. II. Bindin#: Rffect. This Contract shall be binding upon and inure to the bcliefit of the parties, their successors and permitted assigns. I. Independent Contractors, The relationship created between WASTE .MANAGEMENT OF ILLINOIS, INC, and the City by this Contract is that of independent contractors. The provisions of this Contract shall not be construed in such a way to constitute the City and WASTE MANAGEMENT OF ILLINOIS, . INC. as joint ventures or partners or make either party the agent of the other or to make either party Iiable for the debts or other obligations of the other. J. Number of Copies. This Contract may be executed in number of copies, each of which shall be considered to be an original for all purposes. K. Cliflnge in Laws. Throughout the term of this Contract, Federal, State, County or local legislation clay change i1i a �vay thatn7ay impact the terms of the Contract, v'VASTE MANAGEMENT OF ILLINOIS, INC. and the City agree to negotiate such of those items that constitute a significant impact in the Contract, and agree to 22 a binding arbitration administered by the American Arbitration Association or other arbitration company designated by the City, under its conurrercial Industry -titles, in the event the parties cannot reach agreement, Notwithstanding any provision to the contrary, to the extent any provision within in this Contract conflicts or requires additional requirements with any provision contained within the City's Code, then the Contract provisions shall take precedence. I,. 'Elie Request for Proposals submitted by WASTE MAI�TAGI;II�SENT C)F ILLINOIS, INC. on March 20, 2012, a copy of which is attached hereto as Exhibit C, is incorporated herein, To the extent that the terms of this Contract do not address issues addressed ill the Request for Proposals, the terms of the Request for Proposals shall apply. However, to the extent any inconsistencies exist between the Request for Proposals and the terms of the Contract, the terms of this Contract shall control, IN 1�'ITNLSS '4�4'HI✓I21irOT, the �aarfies hereto have cxccttted this Contract the date and year first above written. CITI' OF i�rICIIENRY, an Illinois municipal corporation I3y: Susan Low, Mayor ATTEST; •�� �G., f�+�.. ��G - 't�'ASTE h'IANAG�h'II;NT OT` ILLINOIS, INC. AI.t Its:�bitic,¢ttfor Itl_�si�¢ z3 rxxlBz�A CITY OF MCHENRY MUNICIPAL BUILDING COLLECTION R11rUSE, RRC 4'CLING AND YARD \S�ASTIia SEl2�'ICIt;S I' OT2 CITI' OI; MCIIENRY MUNICIPAL PROPERTIES The collection of reftise for the City's atwn facilities as described he�•esz� shall be at no charge to the City. WASTE MANAGEMENT OF ILLINOIS, INC. shall furnish dunipsters and other containers for the following City buildings at no cost, Said containers and pick-up of refuse from those containers twill be provided by WASTE MANAGEMENT OF ILLINOIS, INC. during the term of this Agreement. N01'E: The City reserves the right to include additional municipal buildings or facilities for service by WASTE MANAGEMENT OF ILLINOIS, INC. during the term of the contract. I lie City reserves the right to change the number and type of containers, dumpsters and their placement at each location. ATTACI-IMENT A RTPUSE, RECYCLING AND YARD �NASTE SERVICES FOR CITY OIi IYICIIENIZY MUNICIPAL PROPERTIES LOCATIOitiT SERi�ICE TYPE kREQUENCY 1. City I•Iail 333 S. Green S�.•eei 2. Fabric tNorks Facility 1415 indus�ial Drive Defuse j Recycling RefttsejRecycling 3. Parks Maintenance Facility RefusejRecSrclmg 105 N. Gz•esn SEreef {2 duinpsters) Three ail weekjrefuse Once per t�reek jzecyclirzg T'iu•ee per •week Three per weekjrefizse C?nce perweek/recycling d. I'etersezl Park Refuse Twice per week 4311 Lakewood Road (Apz•il - l�iavernber) 5. Knox Pool Refuse Once per ttTeek 2(?1 S. Green Stz•eet (Itnay�At7gtzst) 24 6. Central Wastev4Tate1• Plant 33Q6 W. Waukegan Rd. 7. South Wastewater PIant 222 S. 'McHenry Avenue $. Lakeland Park Co1n2n. i3ldg 1717 N. Sunset Avenue 9. 'Veteran's Memorial Pa1•k Broad and Park (Mesta Days) 1.Q. . I'etel�en Park (Fiesta Days, 4th of July Fireworks) Refuse/ Recyclizig Once per eveek/refuse Once per week/ recycling Refuse/Recycling Th1•ee per week/refuse Once per week/recycling Iteft7se Refitse Refuse A.S 1'egilestGd As requested As requested Iri adtiiiion to Over the Perms of this Contract, an�T new municipal faciiities ar additional special events will be seii iced by the Contractor at no charge to the City. The CHy reserves the right to alter service type and frequency of pickup on the Iocations listed above. 25 EZ'.��rT3IT B PERr< ORI�I!��Ncl�. � oNn THE PERFORMANCE BOND MUST BE. IN A FORM SUBSTANTIALLY SIMILAR TO THE I+OLLONYING, KNOW ALL MEN BY THESE PRESENTS: That as Principal (herein called "Principal:) and as Surety (herein called "Surety") are held and firmly bound onto the City of McHenry (herein called "Obligee") in the just and fuull surn of ($ ,000.00) lawful money of the United States of Atnertca, for the payment of which, well and truly to be made, we, hereby bind ourselves and outs, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. This obligation shall include payment of actual costs and damages and far attorneys' fees, engineering and other professional fees, court costs, interest, and any other fees and expenses resulting from or incurred by reason of Principal's failure to promptly and faithfully perform its contract with the Obligee, said contract being more fully described below, and to include attorneys fees, court costs, and other fees and expenses necessarily paid or incurred in successfully enforcing performance of the obligation of Surety. under this bond, THE CONU1T10N OF THE ABOVE OBLTGAl 10N IS SUCPI, 'That WIiEREAS, Principal has been awarded a contract for the following described work azzd is requued by Obligee to give this bond iln cozuuection with the execution of the written contract therefore: Collection and Disposal of Municipal Solid Waste including Refuse, Recyclabhes and Yard Waste and Bulk Items i�I0��4T, THEREFORE, if Principal shall well and ttuIy do and perform eaclx and all of the - cavetzants, conditions, and agreements of said contract on the Principals part to be done and performed, at the time and' in the manner therein specified, and shall indenuuify and save harmless the Obligee,. its officers, officials, agents, employees and volunteers, as therein stipulated, their this obligation shall be null and void; othemise, it shall remain. in full force and effect. No extension of time granted to the Principal and no change or alteration in any of the terms of the contract or any of the contract documents or the wank to be performed tlreretunder, uThether trade after notice or not, shall release.or otherwise affect the obligations of the Surety hereunder, . and the Surety waives notice of any such extension, cliange or alteration, The Surety, by the execution of this bond, represents and warrants that this bond has also been duly execuuted by the Principal and proper authority, and the Surety hereby 'waives any defense which it might have by reason of any failure of the Principal to execute or properly execute this bond. 26 SiGNID �u\[D SEALP,I) Yl�e _ _� day of PRINCIPAL: Z:bt�Uv[ c H �irryCih•o 11tYa steh•[an;�gemeuACon tract,20 [ �.do c Fri 27 PUBLIC SECTOR SOLUTIONS Expanding your Recycling Program? Waste Management's At Your Door Special Collections"'service provided to residents to remove the difficult, sometimes hazardous and hard -to -recycle items, that almost every household accumulates. As North America's leading environmental solutions company, Waste Management makes it easy for residents to dispose of these items, by collecting the materials at their door - safely, easily and responsibly. Our mission is to provide quality and convenient special material management services to public agencies. The At Your Door Special Collections"" service collects home generated special materials directly from residences within your community. Experience is key- the program has served hundreds of thousands of homes since 1995' and currently manages programs for dozens of public agencies in many states. This service is not your usual household generated special material program, because this program is focused on recycling most of the materials collected. Communities across the country can take advantage of Waste Management's capability to collect and recycle an overlooked category of recyclables, collected directly from the home. Home Generated Special Materials included in the program: It Household Chemicals Automotive Products © Paint Products AGarden Chemicals Universal Materials ® Electronics w�w ►: At Your Door woEMENT Special Collection" THINK GREEN® 1. Includes when program was under different ownership. A missing piece to your residential recycling program! Paper, cans, bottles, cardboard and plastics are already part of most recycling programs. What about the other materials used in homes such as electronics, cleaning supplies and paint? How does a resident in your community dispose of these items? By collecting these items, the potential for water pollution and environmental hazards are further reduced. The At Your Doorprogram focuses on collection and recycling of these additional materials, to prevent disposal in regular trash bins. Once collected, the program recycles most special materials including electronics, paints, batteries, lamps and motor oil! Therefore diverting these items from local landfills. The home collection service is the easiest way to encourage recycling and proper disposal of household generated materials in your community. Combine the quantities of special materials collected by At Your Doors"" that are sent to facilities for the purpose of recycling with your traditional recyclables, such as, paper, aluminum cans, plastics, etc. and your community's recycling rates will increase. Experience where it counts Over the years we have developed efficient processes, based upon feedback from residents and public agency customers, to best serve the needs of your community. Our knowledgeable team excels due to extensive industry experience combined with specific expertise in this field. From the Service Technicians to our Call Center Representatives, all team members participate in our in-depth and on -going training process. Over the years, we have refined the challenging process of residential collection of home generated special materials. Our experience with multiple public agencies and hundreds of thousands of residents can be applied to your community, Our mission is to provide and support high quality home generated special material collection services to public agencies through safe and convenient customer service to their residents. At Your Door yrwsa ean�r Special Collation" me Generated ecial Materials Educating your community Our knowledgeable staff can work with your community to help develop a cost efficient and effective approach to public education, that will both build and sustain involvement throughout the duration of the program. The At Your. DoorSM program offers a simple solution to any community's recycling dilemma. A home based program is offered so residents simply contact the At Your Doors' service to schedule a collection. Then, they place their special materials into the provided collection bag and place it near their front door step or garage. The resident does not need to be home to participate, as they simply place the bag in a specific location on their collection date. It allows every resident to use the program when it is convenient for them. Convenient and Easy! How does it work? Materials accepted with Waste Management's At Your Door Special CollectionSM program: Household Chemicals: Cleaner, Ammonia, tile/shower cleaner, cleaning compound and rust remover Automotive Products: Antifreeze, motor oil, oil filters, brake fluid, batteries, fuel, polishes and waxes Paint Products: Paint, spray paint, stain, stripper, thinner, caulk, sealer, wood stain and preservative Garden Chemicals: Fertilizer, herbicide, pesticide and insecticide Universal Materials: Compact Fluorescent Lamp (CFL), fluorescent tube, household batteries, thermometer and thermostat Swimming Pool Chemicals: Pool acid, stabilizer and chlorine (limitations incertain areas only) Electronics: TV, computer, monitor, mouse, MP3 player, DVD/CD/tape player, VCR, cell phone, desktop printer, keyboard, fax machine, scanner, microwave, CD rom and related cords MATERIAL THAT WILL NOT BE COLLECTED; We do not collect ammunition, explosives, asbestos, or any materials in unlabeled or leaking containers. For further information about proper disposal methods for non -acceptable items, commercial chemicals, hazardous materials, or materials in containers larger than five gallons in size, please contact the Waste Management's At Your Door Special Collection Team. �/ At Your Door WASTE MwivwaEM6rrr Special Collection" CONVENIENT AND EASY TO USE! 41, =�-F `� 1� Count on us! Waste Management's At Your Door Special Collections"" service has extensive experience working with public agencies and regulatory organizations implementing home generated special materials programs that comply with federal, state and local regulations. Review your regulations, as some areas have specific recycling and diversion requirements. This program is committed to helping public agencies meet these regional, local and state recycling and diversion targets. Whether you are complying with existing regulations or proactively getting ahead of the curve by setting your own standards, the At Your Doorsm service is the next step for increasing these targets. We are committed to helping you meet current and future changes in regulatory compliance. Waste Management's At Your Door Special Collections"' service will help you achieve your community's objectives. There are many components in evaluating a successful community program: • Most accessible to residents, they can use the program at their convenience • Community wide service that allows all residents to participate (including seniors and the disabled) • Available year round • Turnkey program with minimal staff time • Largest quantity of materials prevented from entering the landfill (when compared to other programs) • Zero capital expenses (nothing to build and maintain) • Zero general fund allocations (when included in rate) • Achieve higher recycling and diversion rates • Meet stormwater requirements • Comprehensive reporting capabilities to track amount of diverted materials �/ At Your Door wws� rxwntwoEM6tvr' Special Collection' WMATYOURDOOR.COM 2014 Waste Management All rightr reserved 2014-041 4/2/14 Services provided by WM Curbside, L-C, a Waste Management company. At Your Doors'" and At Your Daor Special Collections'r are marks of Waste Management, Inc. Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us PUBLIC WORKS COMMITTEE AGENDA SUPPLEMENT DATE: June 20, 2016 TO: Public Works Committee FROM: Jon M. Schmitt, Director of Public Works RE: Honorary Street Sign Application for Deputy Dwight D. Maness ATT: 1) Summary of Honorary Street Sign Policy 2) Honorary Street Sign Application for Deputy Dwight D. Maness BACKGROUND: The City Council has approved several honorary street sign applications since the inception of the program in 2005. To be considered, the proposed honoree is required to meet the following criteria: historical/cultural influence on the city; significant lineage or family ties to the city; clear geographical relationship of street to the area of interest of the applicant; known to be of good moral character; and a clearly defined community or public contribution made by the honoree. A maximum of three honorary street signs may be awarded in any one calendar year. ANALYSIS: Attached is an honorary street sign application for Deputy Dwight D. Maness submitted by Deputy Chief John Birk. The honorary street sign is proposed at the intersection of Reagan Boulevard and Lincoln Road. For eight years Deputy Maness and his family lived in the City of McHenry. Reagan Boulevard is the main entrance into the Liberty Trail Subdivision where the family still resides at 2012 Carter Way. As stated on the application, Deputy Maness was an eight year veteran of the McHenry County Sheriff's Office at the time of his death. Prior to his law enforcement career, Deputy Maness served in the United States Army for twenty years as an Army Ranger. On October 16, 2014 Deputy Maness was dispatched to the report of a domestic disturbance in the Village of Holiday Hills. Upon arrival to the incident both Deputy Maness and his partner were ambushed by a subject armed with an assault rifle. During the altercation Deputy Maness was shot two times, once in the back and once in the leg. All of this occurred only a few miles from his home. After a long fight in recovery that included multiple surgeries and countless hours of rehabilitation, Deputy Maness succumbed to his injuries on September 14, 2015. Deputy Maness made the ultimate contribution to the residents of McHenry, the area community and the profession he loved when he gave his life in the line of duty. On April 4, 2016, the City Council approved an exception to the policy and a fourth honorary sign was permitted for the Bjorkman Family with the understanding that in 2017 there would be two signs allowed. Deputy Chief Birk is requesting another exception be made because of the heroic contribution Deputy Maness made to the area. Two honorary signs would still be alloweA in 2017. RECOMMENDATION: Therefore, if the Public Works Committee concurs that the honorary street sign criteria have been met and that in 2016 there should be another exception to the policy by allowing a fifth honorary designation it is recommended the attached request be forwarded to the full City Council for consideration. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. City of McHenry Honorary Street Sign Policy and Appli Hcation POLICY The City of McHenry has established a policy with a review process and criteria for review for the administration of requests for honorary street signs in the City. Listed below are the review process and criteria for review for this program. There is no fee associated with this program and street names will be displayed in perpetuity. No more than three (3) honorary designations shall be awarded in the City per calendar year. PURPOSE OF PROGRAM The Honorary Street Sign Program provides citizens of the City of McHenry with an opportunity to honor people and/or family members who have made significant contributions to the City. The program is administered by the Mayor's office through the Administration and Public Works Departments. All supporting documentation is required at time of application submittal. Upon recommendation by the Public Works Committee, the application will be brought to the City Council for consideration. REVIEW PROCESS 1. Applicant completes attached Honorary Street Designation Application. 2. Application is submitted to the Administration Department and transmitted and reviewed by the Public Works Committee who makes a recommendation to the full City Council. 3. Request is considered by the City Council and if found acceptable, a formal resolution is passed designating a street or a portion thereof an honorary street. CRITERIA FOR REVIEW l . Historical Al cultural influence of the applicant on the City. 2. Proof of significant lineage to the City. 3. Clear geographical relationship of street to the area of interest of applicant. 4. Known to be of good moral character. 5. Clearly defined community or public contribution made by the honoree. Please complete Department: . the application beloiv and returxn it to the City's Administration APPLICANT NAME: John Birk PHONE NO,: 815-363-2137 ADDRESS: '1207 Park St., McHenry, lL NAME OF HONOREE: (as it would appear on sign) Deputy Dwight D. Maness EXISTING STREET NAME: Reagan Boulevard REQUESTED SIGN LOCATION (intersection);Reagan Boulevard I Lincoln Road CRITERIA FOR DESIGNATION PLEASE COMPLETE THE FOLLOWING CRITERIA, WHICH ARE USED 1N THE EVALUATION FOR EACH REQUEST FOR AN HONORARY STREET SIGN. USE ADDITIONAL PAPER IF REQUIRED, IN ADDITION, HONOREE MUST BE OF GOOD MORAL CHARACTER, HISTORICAL AND/OR CULTURAL INFLUENCE OF THE HONOREE ON THE CITY: Deputy Maness, a resident of McHenry, gave his life in the line of duty serving the residents of both McHenry and McHenry County as a police officer. PROVIDE PROOF OF SIGNIFICANT LINEAGE OR FAMILY TIES TO THE CITY: Deputy Maness along with his family resided at 2012 Carter Way in McHenry at the time of his death. Deputy Maness's family still resides at the same house here in McHenry. ESTABLISH CLEAR GEOGRAPHICAL RELATIONSHIP OF STREET TO THE AREA OF INTEREST OF THE APPLICANT: Reagan Boulevard is the main entrance into the Liberty Trails subdivision, where Deputy Maness had resided prior to his death and where his family still resides. CLEARLY DEFINED COMMUNITY OR PUBLIC CONTRIBUTION MADE BY THE HONOREE, On October 16, 20�4 Deputy Maness was dispatched to the report of a domestic disturbance in the Village of Holiday Hills. Upon arrival to the incident both Deputy Maness and his partner where ambushed by a subject armed with an assault rifle. During the altercation Deputy Maness was shot two times, once in the back and once in the leg, All of this occurring only a few miles from Deputy Maness's home. After a long fight in recovery that included multiple surgeries and countless hours of rehabilitation, Deputy Maness succumbed to his injuries on September 14, 20150 of the McHenry County Sheriff's Offi at the time of his death. Prior to his law enforcement career Deputy. Maness retired from the US Armv after serving twenty vears as a Armv Ranaer. Upon being hired by the MCSO Depufiy Maness chose to make the City of Deputy Maness made the ultimate contribu#ion to the citizens of McHenry, the McHenry area community and the profession he loved when he pave his life in the line of duty. There is not greater sacrifice that to lay down one's life for that of another. Deputy Maness is the example_ of a life time of service to others and the City of McHenry should honor his work and ultimate sacrce with the implementation of an honorary street sign so that all the residents of McHenry can remember the life of Deputy Dwight Maness. Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us PUBLIC WORKS COMMITTEE AGENDA SUPPLEMENT DATE: June 20, 2016 TO: Public Works Committee FROM: Jon M. Schmitt, Director of Public Works RE: Mailbox Ordinance ATT: Draft Mailbox Ordinance Language and pictures of existing mailboxes BACKGROUND: Staff has drafted the attached mailbox ordinance language to address mailbox placement, location, support structure, prohibited structures, removal of future non- conforming mailboxes and mailbox replacement damaged by the city for discussion by the Public Works Committee. RECOMMENDATION: Therefore, if the Public Worl<s Committee concurs with the attached mailbox ordinance language, it is recommended to direct staff to prepare a mailbox ordinance to be presented to the full City Council for consideration. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. MAIL BOX PLACEMENT RESTRICTED. (A) Except as provided in this sentence and in division (B) of this section, no mailbox shall be placed or maintained within any city right-of-way except when required by federal laws or regulations for delivery A U.S. mail. When so required, only 1 mailbox per residence or per nonresidential lot may be placed within the city right-of-way, except for multiple user mailboxes approved by the United States Postal Service. All mailboxes placed within city right-of-way shall conform to the requirements of this section. (B) A mailbox placed in a city right-of-way prior to Date ,may remain in the right-of-way subject to the following conditions: (1) The mailbox is maintained by the property owner in good condition at all times, including prompt repair of any element in need of repair. (2) The mailbox may not be rebuilt, enlarged, or moved unless such mailbox is in conformance with this chapter. (3) The mailbox shall be removed from the right-of-way immediately if the building it serves has closed or been removed or relocated. (4) The mailbox shall be removed from the right-of-way immediately if the city determines in the exercise of its sole discretion that such mailbox poses a particular threat to public safety. LOCATION. Location specifications. (A) Mailboxes or supporting structures shall be installed within, but not closer than, 6 to 8 inches from the edge of the street pavement or the back of the street curb where such curb exists; and (B) The bottom surface of the mailbox shall be not less than 41 inches and not more than 45 inches from the ground surface, as illustrated in Figure 1 below. Figure 1 1 (C) Mailboxes and supporting fixtures shall not be installed within 10 feet of the point of curvature at any street intersection per Figure 2 below. Figure 2 Prvp+�r MlaFllaolt I nsta ffatlon "r%-L*J4 SUPPORT STRUCTURE. Every mailbox permitted within the city right-of-way shall be mounted either on a wooden post no smaller than 4 inches by 4 inches. The City Administrator or Director of Public Worl<s may approve a different support structure, but only if the City Administrator or Director of Public Works finds that such support structure is as safe as the structures provided herein. The support structure shall be firmly secured in the ground. Under no circumstances shall any support structure be constructed, reconstructed, replaced, moved, or repaired after date, if the support consists of a masonry column, concrete structure, railroad rails or ties, or object such as, but not limited to, a tractor wheel, a plow blade, a milk can, a barrel, a lawn tractor, or any similar device. PROHIBITED STRUCTURES. Structures erected on the parkway to protect mailboxes such as large boulders, steel beams, concrete structures, brick structures or similar devices are prohibited. Removal OF NONCONFORMING MAILBOXES. Any mailbox installed on and after date shall conform to the specifications of this chapter. Nonconforming mailboxes installed prior to date and which are within the right-of-way, are properly maintained in good condition, and serve an occupied dwelling, business or institution, may remain at their present location and present good condition, until or unless such mailbox is destroyed, damaged or deteriorated . Mailboxes which do not conform to the provisions of this chapter shall be removed and, if re-established, shall be re-established in conformity with this chapter. DAMAGE BY CITY. (A) If a mailbox that conforms to this code, located within the city's right-of-way is damaged by the city, then the city shall be required to, but only to: (1) Repair such mailbox; or (2) Replace such mailbox with a standard U.S. postal service box and support structure complying with the standards set forth in the first sentence or (3) Reimburse the owner for damages with a copy of a receipt to a maximum of $50.00. (B) Landscaping and planting materials added to the parkway around mailboxes or on parkways will be the sole responsibility of the property owner. These are high traffic areas subject to harsh conditions from necessary road and utility maintenance, and snow and ice removal operations. The city will not reimburse the owner for damages done to landscaping placed in the right-of-way due to city operations. (C) Any mailbox damaged or remove by the city will only be replaced by one that meets the city standards outlined in this ordinance. (D) If the mailbox is damaged or knocked down by snow coming off the plow and was not a direct result of the plow blade directly hitting it, then it shall be the homeowner's responsibility to make repairs. NO RECONSTRUCTION, REPAIR OR REPLACEMENT. A mailbox that does not conform to the requirements of this chapter shall not be reconstructed, replaced, moved, or repaired if deteriorated or damaged. a 17 III ,. .J i'. JImv, I It I. r7 Iw .. Vt. Itlatest. r .,.:., ak - ... - .. a ask � "�I�n PPP Afflol „+Alr «W..-+►.:wow+atrie. _ ,.,.,^a4Me�11 �R� . ".... vn. � - - - - -- - - ' Fa1T n"It It h .._ - _It _ _ - t It It - -1 It 14 Is I jr p It Iv I ' r '; .:y r....... ass_ P' J VL So gg ""-�•-.. .- �� ' Y Jr'" � ,� I� 4a1�1�11 +. ., 1 �..! `'tit ,. ge go PO r,.�... � r -•"'1 �,1 f,; i - _ - IW gob . MV Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us PUBLIC WORKS COMMITTEE AGENDA SUPPLEMENT DATE: June 20, 2016 T0: Public Worl<s Committee FROM: Jon M. Schmitt, Director of Public Works RE: Snow and Ice Removal Ordinance ATT: Draft Snow and Ice Removal Ordinance Language BACKGROUND: Staff has drafted the attached snow and ice removal ordinance language to address an ever increasing problem of residents and businesses depositing snow and ice from private properties onto the roadway for discussion by the Public Works Committee. RECOMMENDATION: Therefore, if the Public Works Committee concurs with the attached snow and ice removal ordinance language, it is recommended to direct staff to prepare a snow and ice removal ordinance to be presented to the full City Council for consideration. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. REMOVAL OF SNOW AND ICE It shall be unlawful for any person to place or deposit accumulations of snow from private property or City parkways onto any street, road or public way in the City. It shall be unlawful for private snow plow drivers to push snow across any City roadway.