===== PDF PAGE 6 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO FINANCE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEMNUMBER: ___‘*t-2®. Ordinance No. 24-O0-0035 — Fourth Quarter Budget Amendment FILE NUMBER: COMMITTEE AGENDA DATE: 11/04/2024 COUNCIL AGENDA DATE: 11/04/2024 STAFF REVIEW: SIGNATURE APPROVED BY CITY ADMINISTRATOR: SIGNATURE. ITEM SUMMARY: This Fourth Quarter Budget Amendment is to shift the $3,649,245.99 in ARPA Funds from the General Fund to the Water Fund to maintain the rate increase schedule approved by the City Council in 2023 and to accelerate the purchase of two Ford Explorers from a local vendor that has them in stock. The attached email from Chief Fleury provides additional, important details. STAFF RECOMMENDATION: Staff recommends adoption of Ordinance No. 24-O-0035. COMMITTEE RECOMMENDATION: Finance Committee meets before the City Council meeting. With the permission of the Chair of the Infrastructure Committee, the vehicle purchases detailed in the Budget Amendment are also being made this route to ensure that we are able to secure them in time. ===== PDF PAGE 7 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 24-0-0035 AN ORDINANCE AMENDING THE ANNUAL BUDGET FOR THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2024 AND ENDING DECEMBER 31, 2024 PASSED AND ADOPTED BY ORDINANCE NO. 23-0-0041 — FOURTH QUARTER BUDGET AMENDMENT - ARPA FUNDS AND VEHICLES PURCHASE WHEREAS, the City of West Chicago has heretofore adopted the annual budget procedure providing for in 65 ILCS 5/8-2-9.1 through 5/8-2-9.10; and, WHEREAS, the City of West Chicago has passed Ordinance No. 23-O0-0041 passing and adopting the “2024 Proposed Budget” (ANNUAL BUDGET); and, WHEREAS, said Ordinance No. 23-O-0041 was filed with the County Clerk of DuPage County as required by law; and, WHEREAS, the City Council approved a Budget Amendment via Ordinance No. 24-O-0006 to account for projects that the City Council approved but were not completed during the 2023 Fiscal Year, incurred and expected costs associated with 126 Wood Street and to begin design of the new City Hall and adjacent public spaces now that the Space Needs Analysis is complete, which too was filed with the County Clerk of DuPage County; and, WHEREAS, the City of West Chicago received $3,649,245.99 in ARPA Funds received in 2021 and 2022, and the City used the revenue loss option and applied said funds for public safety salaries as allowed by the law and also to accelerate the purchase of two Ford Explorers as they are in stock at a local vendor and the lead time is astronomical for taking delivery should the City wait until next Fiscal Year; and, WHEREAS, the City Council now wishes to revise the ANNUAL BUDGET a second time to transfer all of that money from the General Fund to the Water Fund to maintain just the incremental increases in the water rate schedule approved in 2023 and so as to not to have to increase them even higher to account for the continued extraordinary costs of construction projects and goods/materials being encountered while also maintaining the integrity of the water distribution and treatment infrastructure as best as it can with the available dollars; and, WHEREAS, 65 ILCS 5/8-2-9.6 provides in part that by a vote of two-thirds of the corporate authorities then holding office, the annual budget of a municipality may be revised by deleting, adding to, changing or creating sub-classes within object classes and object classes themselves, provided no revision increasing the budget shall be made in the event funds are not available to effectuate the purpose of the revision. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of West Chicago, DuPage County, Illinois, in regular session assembled as follows: Ordinance No. 24-O-0035 Page 1 of 2 ===== PDF PAGE 8 ===== [Extraction: OCR (rendered-page OCR)] SECTION 1. That the ANNUAL BUDGET of the City of West Chicago is hereby amended as follows: Transfers Out: 01-00-386400 $3,649,245.99 Transfers In: 06-00-390000 $3,649,245.99 Vehicles 04-34-39-4804 $2,063,800 SECTION 2. That the purchase of two 2025 Ford Utility AWD Police Interceptor vehicles, for a cost not to exceed $99,174.00, from Haggerty Ford, West Chicago, Illinois is approved and the City Administrator is authorized to contract with a third-party to install the necessary appurtenances/equipment for those three vehicles at an estimated cost of $30,000. SECTION 3. That the Executive Office Manager is authorized and directed to file a certified copy of this Ordinance with the County Clerk of DuPage County. SECTION 4. That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION 5. That this Ordinance shall be in full force and effect from and after its passage by two-thirds of the corporate authorities and approval and publication in pamphlet form as provided by law. PASSED this 4" day of November 2024. Alderman D. Beebe Alderman L. Chassee Alderman J. Sheahan Alderman H. Brown Alderman A. Hallett Alderman C. Dettmann Alderman M. Birch-Ferguson Alderman S. Dimas Alderman C. Swiatek Alderman J. Smith, Jr. Alderman R. Stout Alderman J. Short Alderman J. Banas Alderman J. Morano LTT LTT APPROVED as to form: City Attorney APPROVED this 4" day of November 2024. Mayor Ruben Pineda ATTEST: Valeria Perez, Executive Office Manager PUBLISHED: Ordinance No. 24-O0-0035 Page 2 of 2 ===== PDF PAGE 9 ===== [Extraction: OCR (rendered-page OCR)] Trem # 4.0, CITY OF WEST CHICAGO MEMORANDUM TO: Michael L. Guttman, City Administrator FROM: Tia J. Messino, Assistant City Administrator SUBJ: Solid Waste Contract 2025-2031 DATE: October 30, 2024 In July 2024, staff requested proposals from three solid waste hauling companies to serve as the City’s residential waste contractor after the current contract expires on December 31, 2024. The City informed the potential respondents that it was comfortable with the services and benefits contained in the current contract and wanted to continue those in any successor contract. On August 16, 2024, Groot Industries Inc. and Lakeshore Recycling Systems submitted proposals, while Republic Services declined to submit. Both proposals included price increases due to inflation and annual 4% rate hikes throughout the contract period. The economic analysis of both proposals is attached, and clearly shows that it is in the best interests of the City to remain with Groot Industries Inc. for the following primary reasons: Thorough response to the RFP, demonstrating an understanding of service expectations Free e-waste collection at the Powis Rd. Facility Lower negotiated rates than LRS, resulting in over $1 million in savings over seven years Senior rates significantly below those of peer communities Additional support to Public Works operations at no extra cost Commitment to maintaining a local office as a contract provision Actions Proposed: Staff recommends adopting Resolution No. 24-R-0082 to continue using Groot Industries as the City’s residential solid waste contractor. ===== PDF PAGE 10 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 24-R-0082 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CERTAIN CONTRACT WITH GROOT INDUSTRIES INC. RESIDENTIAL SOLID WASTE, RECYCLING, AND YARDWASTE COLLECTION BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute a certain contract with Groot Industries, Inc. for residential solid waste, recycling and yard waste collection, a copy of which is attached hereto and incorporated herein in substantially the same form as Exhibit “A”. Approved this 4'" day of November, 2024. AYES: NAYS: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: Executive Office Manager, Valeria Perez ===== PDF PAGE 11 ===== [Extraction: OCR (rendered-page OCR)] Current Groot Difference Added Cost/Year 2026 2027 2028 2029 2030 2031 Sticker $2.59 $3.00 15.83% $3.12 $3.24 $3.37 $3.51 $3.65 $3.80 35-gallon Senior* $10.13 $12.50 23.40% $28.44 $13.00 $13.52 $14.06 $14.62 $15.21 $15.82 35 gallon Regular* $15.00 $19.74 31.60% $56.88 $20.53 $21.35 $22.20 $23.09 $24.02 $24.98 95-gallon $21.33 $23.74 11.30% $28.92 $24.69 $25.68 $26.70 $27.77 $28.88 $30.04 Yardwaste Sub. $225.11 $200.00 -11.15% -$25.11 $208.00 $216.32 $224.97 $233.97 $243.33 $253.06 Current LRS Difference Added Cost/Year 2026 2027 2028 2029 2030 2031 Sticker $2.59 $3.00 15.83% $3.12 $3.24 $3.37 $3.51 $3.65 $3.80 96-gallon Senior* $10.13 $21.78 115.00% $139.80 $22.65 $23.56 $24.50 $25.48 $26.50 $27.56 64-gallon Regular* $15.00 $21.78 45.20% $81.36 $22.65 $23.56 $24.50 $25.48 $26.50 $27.56 96-gallon* $21.33 $24.20 13.46% $34.44 $25.17 $26.17 $27.22 $28.31 $29.44 $30.62 Yardwaste Sub. $225.11 $200.00 -11.15% -$25.11 $208.00 $216.32 $224.97 $233.97 $243.33 $253.06 Groot 2025 2026 2027 2028 2029 2030 2031 Sticker 58,755 $176,265 $183,316 $190,648 $198,274 $206,205 $214,453 $223,031 35-gallon Senior 640 $96,000 $99,840 $103,834 $107,987 $112,306 $116,799 $121,471 35-gallon Regular 3063 $725,563 $754,586 $784,769 $816,160 $848,807 $882,759 $918,069 95-gallon 1858 $529,307 $550,479 $572,498 $595,398 $619,214 $643,983 $669,742 Projected Value of Contract Over Seven Yea Yardwaste Sub. 23 $4,600 $4,784 $4,975 $5,174 $5,381 $5,597 $5,820 $1,531,735 $1,593,005 $1,656,725 $1,722,994 $1,791,914 $1,863,590 $1,938,134 $12,098,098 LRS 2025 2026 2027 2028 2029 2030 2031 Sticker 58,755 $176,265 $183,316 $190,648 $198,274 $206,205 $214,453 $223,031 96-gallon Senior* 640 $167,270 $173,961 $180,920 $188,156 $195,683 $203,510 $211,650 64-gallon Regular* 3063 $800,546 $832,568 $865,870 $900,505 $936,525 $973,986 $1,012,946 96-gallon* 1858 $539,563 $561,146 $583,592 $606,935 $631,213 $656,461 $682,720 Yardwaste Sub. 23 $4,600 $4,784 $4,975 $5,174 $5,381 $5,597 $5,820 $1,688,244 $1,755,774 $1,826,005 $1,899,045 $1,975,007 $2,054,007 $2,136,168 $13,334,250 $156,509 $162,769 $169,280 $176,051 $183,093 $190,417 $198,034 $1,236,153 Projected Seven Year Savings *Note: LRS did not respond with all of the cart sizes/classifications requested in the the RFP, preventing an apples to apples comparison. ===== PDF PAGE 12 ===== [Extraction: OCR (rendered-page OCR)] SECTION 1 DURATION OF CONTRACT This Contract shall commence on January, 1 2025, and shall end on December 31, 2031. If the City so requests, the parties may negotiate and enter into contract extensions. Negotiations for the contract extension should begin at least six (6) months before the expiration date of the most recent contract or extension period. SECTION II SOLID WASTE PROGRAM DEFINITIONS The following definitions shall apply to this Contract: Acceptable Materials: Refuse, bulk items, landscape waste, large household items, and remodeling waste. Alley: An area immediately behind a residence used by vehicles and used for collection of refuse, yard waste, and recycling containers. Aluminum Formed Containers/Wrap: Aluminum cans, foil, trays, pie plates, and other similar formed containers. Bulk Materials: Any items set forth as refuse which are too large to fit into an approved refuse container and which exceed, in total, fifty (50) pounds in weight. Examples include sofas, large tables and chairs, dressers, televisions, bookcases, mattresses and box springs, and other large household furniture. Catalog: A book made from either glossy or non-glossy paper stock which contains an itemized listing of names or articles arranged in order or classified. City: City of West Chicago Chipboard: (Also referred to as paperboard) A thin, single layer of cardboard used in the packaging of consumer goods. Examples include cereal boxes, cracker boxes, clothing boxes, tissue boxes, and other similar products. Contract: The Contract between Groot Inc. and the City of West Chicago for curbside and/or alley collection and disposal of refuse, recyclable, and yard waste, collection and disposal of refuse and recyclables for single-family and two-family residences Contractor: Groot, Inc. Corrugated Cardboard: A sturdy paperboard consisting of two paper grades, a wavy inner portion and a thick outside lining which is most commonly used for packaging. ===== PDF PAGE 13 ===== [Extraction: OCR (rendered-page OCR)] Curbside: A portion immediately behind the curb or edge of road pavement and within the parkway area used for the collection of refuse, yard waste, and recycling containers. Electronic Waste: Discarded electrical or electronic devices as defined or amended by federal, state or local law or ordinance. Glass Bottles and Jars: Only glass containers (clear, brown and green) that have contained food or beverages are acceptable. Hard Landscape Waste: Brown stemmed branches and shrub pruning with large stems or trunks not to exceed four (4) feet in length and two (2) inches in diameter individually, excluding Christmas trees. High Density Polyethylene (HDPE) Blow Molded Containers: Milk and water jugs, laundry detergent, shampoo, personal care, and other similar blow molded containers used inside the home, which are typically labeled using the Recycling Symbol and numeral “1”. Household Construction and Demolition Debris: Waste materials from “do-it-yourself” interior and exterior household construction, remodeling, and repair projects, including, but not limited to, drywall, plywood, paneling, lumber, and other building materials; cabinets; carpeting; disassembled household fixtures. Household Garbage: All organic or kitchen waste, such as rejected or unused food residues, paper used in wrapping food, household rubbish, inorganic and incombustible household waste (i.e., cans, metal ware, broken glass, crockery, stoneware, and similar waste resulting from the regular operation of the household), empty cartons and crates, discarded clothing and furniture, and similar materials. Additionally, Solid Waste shall specifically exclude any construction and demolition debris, bricks and/or heavy concrete, heavy steel, tires, batteries, earth/soil, tree stumps, white goods, or industrial waste. Junk Mail: Brochures, advertisements, flyers, post cards, greeting cards, window envelopes, file folders, and other similar correspondences. Magazines: Periodical publications made from either glossy or non-glossy paper stock. Newspaper: Includes the weekday and Sunday newspaper (with all the supplements). Organic Food Waste: Fruits, vegetables, breads, grains, pasta, cereal, dairy (no liquids), eggshells, coffee grounds and tea leaves as approved by the Contractor. Plastic Six and Twelve Pack Rings: This includes the loop-type carriers for six and twelve pack type packaged items. ===== PDF PAGE 14 ===== [Extraction: OCR (rendered-page OCR)] Polyethylene Terephthalate (PET) Blow Molded Containers: Soft drink, liquor, cooking oil, personal care, and other similar blow molded containers used inside the home. Typically labeled using the Recycling Symbol and numeral “2”. Refuse: means garbage, refuse, industrial, lunchroom, or other waste, and other material described at 415 ILCS 5/3.290 resulting from operation of residential, municipal, commercial, or institutional establishments and from community activities; provided, however, that "Refuse" shall not include Recyclable Materials, Organic Food Waste or any material which is or contains, or which Contractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or Hazardous Waste. Refuse Containers: Refuse containers shall include: Garbage Cart: Either a 35-gallon or a 95-gallon receptacle for refuse provided by the Contractor. Garbage Can: A plastic or galvanized metal can of a capacity not less than four (4) gallons and not to exceed thirty-five (35) gallons in size. No Garbage Can shall exceed fifty (50) pounds in weight when filled. Garbage Bag: A plastic bag of a capacity not to exceed thirty-five (35) gallons in size and fifty (50) pounds in weight when filled. Recyclable: (Also referred to as recyclable materials) Materials, which have a useful second life in the economic cycle if they are successfully collected, separated, processed, and marketed for return to the economic mainstream. Recyclable materials shall include aluminum cans, tin/steel/bi-metal cans, colored and clear glass bottles, HDPE and PET plastic containers, newspaper, magazines, catalogs, telephone directories, corrugated cardboard, chipboard, six pack rings, and any other items the City and the Contractor mutually agree to recycle in the future. Single-Family and Two-Family Residences: This is to include all existing and future, attached and detached, residences that are currently being serviced pursuant to this Contract. Soft Landscape Waste: Grass and garden clippings, leaves, pruning of small diameter green stemmed shrubs, weeds, plant materials, etc. Steel Cans: All steel and bi-metal food containers which are one (1) gallon or less. Universal Sticker. A sticker which is required to be placed on refuse to be collected by the Contractor pursuant to this Contract beyond what can fit within the one cart provided by the Contractor and for all yard waste as detailed in this Contract. Wet Strength Carrier Stock: Paperboard containers with special coatings to prevent tearing of the packages or smearing of the ink from moisture when refrigerated or frozen, including but not limited to paper beverage carriers and frozen food packages. ===== PDF PAGE 15 ===== [Extraction: OCR (rendered-page OCR)] White Goods: Any domestic and/or commercial large appliance which contains CFC or HCFC refrigerant gas, PCB containing capacitors, mercury switches, or other hazardous components. Examples include, but are not limited to, refrigerators, freezers, air conditioners, ranges (both electric and gas), dehumidifiers, water heaters, furnaces, ovens, humidifiers, water softeners, trash compactors, and other similar large appliances. Yard Waste: Hard landscape waste and soft landscape waste. Yard Waste Containers: Yard waste containers shall include: Bundle: Any material allowed under the definition of Hard Landscape Waste such as limbs, branches, or other loose items which do not exceed four (4) feet in length and fifty (50) pounds in weight. Each branch shall not exceed two (2) inches in diameter, with a total diameter of the bundle not to exceed eighteen (18) inches. Each bundle must be tied. Kraft Paper Bag: A special biodegradable paper bag, not to exceed thirty-five (35) gallons in size, which will shred and degrade quickly in the composting process. Cart: A 95-gallon cart provided by the Contractor which is available through a subscription service. SECTION III SERVICES FOR GOVERNMENT FACILITIES IN WEST CHICAGO 3.1 REFUSE SERVICES The Contractor shall provide refuse collection dumpsters and regular collection services at no charge to the City for all City-owned or operated facilities, as well as for specific other governmental facilities within the corporate limits of West Chicago. The locations of these facilities and the City’s minimum requirement of number and size of dumpsters and roll-off units, and the collection frequency are shown in Exhibit “A” of this Contract. 3.2. REFUSE REMOVAL AT SPECIAL PROJECTS The Contractor shall provide a reasonable number of dumpsters or roll-off containers at no charge to the City, for occasional refuse removal at City projects using City work forces at various work sites, not to exceed ten (10) dumpsters per year. 3.3. RECYCLING PROGRAM The Contractor shall provide, at no cost to the City, a comprehensive recycling program for the government properties listed on Exhibit “A”; one or more 95-gallon carts will be provided at each facility for recyclables; these carts will be emptied either once or twice a week, depending on volume. The City reserves the right to include additional governmental buildings or facilities for service by the Contractor during the term of the Contract. The number and type of containers or dumpsters and their placement at each location shall be specified by the City and shall be furnished at no charge by the Contractor during the term of the Contract. The Contractor shall provide a sufficient quantity of centralized containers, i.e. wheeled toters, lidded dumpsters, etc., ===== PDF PAGE 16 ===== [Extraction: OCR (rendered-page OCR)] throughout all of the government facilities from which recycling services shall be provided. The Contractor shall also provide desk-side containers as approved by the City for the collection of mixed paper. The following are examples of recyclable materials that the Contractor shall collect: Clear green and brown glass Message slips Aluminum cans and foil Coated paper Corrugated cardboard Colored paper Chipboard Construction paper Magazines, catalogs, and brochures File folders (both glossy and non-glossy) Forms Telephone Directories Index cards Newspaper, including all inserts Junk Mail Computer paper and printouts Letterhead Legal pad paper, with chipboard backing White and colored ledger File stock paper Post-it notes Annual reports and budgets Recycled paper Accounting paper Stationary Adding machine tape Trade Journals Envelopes (with or without windows) Typing Paper Wrapping paper, including Kraft paper Brown Kraft envelopes Brown mailers Copy paper 3.4 YARD WASTE SERVICES The Contractor shall provide, at no cost to the City, a minimum of one (1) six (6) cubic yard dumpster for the collection of yard waste at the Public Works Facility. Pickup shall be once per week from April 1 through November 30 each year of this Contract; if there is a composting facility still open, the Contractor shall extend this collection period through the sooner of December 15 or when all local composting facilities are closed for the season. The City reserves the right to determine the number, type, and location of the dumpster(s) that shall be utilized in the yard waste collection. In addition, the Contractor shall provide a minimum thirty (30) cubic yard container, to be used for disposal of leaves from the City’s street sweeping cleanup, and collect and dispose of the leaves placed in said container, from September 1 through November 30 of each year; if there is a composting facility still open, the Contractor shall extend this collection period through the sooner of December 15 or when the previously agreed upon composting facility is closed for the season. The Contractor shall, at no charge to the City, dispose of fifty two (52) loads of leaves, and for each load thereafter, the Contractor shall charge $820.00. This rate will be adjusted annually by four percent (4.00%), beginning for the 2026 fall leaf season. 3.5 DEVELOPMENT AGREEMENT The City and the Contractor entered into a certain Development Agreement dated May 17, 2004, regarding, among other things, the curbside collection of leaves in certain areas of the City. While that Development Agreement is in place apart from this Contract, for reference it is attached hereto as Exhibit “D”. ===== PDF PAGE 17 ===== [Extraction: OCR (rendered-page OCR)] 3.6 SPECIAL EVENT The Contractor shall provide the City a twenty (20) cubic yard roll off container for the collection of seasonal pumpkins. The Contractor shall provide said container at a City owned property as designated by the City for the first Saturday in November each year within this contract term. The Contractor shall provide this service at no additional cost to the City. SECTION IV GENERAL REQUIREMENTS & CONDITIONS 4.1 EXCLUSIVE CONTRACT This document represents an exclusive Contract between the Contractor and the City for a period commencing on January 1, 2025 and ending at midnight on December 31, 2031 for curbside and/or alley collection of refuse, yard waste, and recyclable materials. The Contract shall include all present and future single-family and two-family, attached and detached residences, approximately 5,700 units. This Contract provides for continuing a modified volume based refuse cart program and for a per sticker cost for collection of yard waste and for refuse stickers used for additional waste placed outside the cart provided. The Contract shall not include commercial, retail or office, business, industrial, and governmental jurisdictions other than those facilities specifically listed in this Contract in Exhibit “A” This contract may be extended by an additional five year term upon mutual agreement of both parties. 4.2 | ENFORCEMENT OF EXCLUSIVITY The City may, in its sole discretion, enforce the exclusivity provisions of the Agreement against third-party violators, taking into account the cost of doing so and other factors. Contractor may independently enforce the exclusivity provisions of the Agreement against third-party violators, including, but not limited to, seeking injunctive relief and/or damages, and the City shall use good-faith efforts to cooperate in such enforcement actions brought by Contractor. 4.3. SCOPE OF WORK The Contractor shall be responsible for performing all work as outlined in the specifications herein and shall provide and furnish all labor, materials, equipment and supplies, vehicles, transportation services, and disposal site and compost facility space required to perform and complete the collection and marketing of recyclable material in strict accordance with the Contract. 4.4 INDEPENDENT CONTRACTOR The Contractor shall perform all work and services described herein as an independent contractor and not as an officer, servant or employee of the City. The Contractor shall have exclusive control of, and the exclusive right to, control the details of, the services and work performed hereunder in accordance with the terms of this Contract, and all persons performing the same and nothing herein shall be construed as creating a partnership or joint venture between the City and the Contractor. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of the City, and no such person shall be entitled to any benefits available or granted to the employees of the City. ===== PDF PAGE 18 ===== [Extraction: OCR (rendered-page OCR)] 4.55 | FUTURE DEVELOPMENT/ANNEXATIONS The Contractor shall service any land annexed to the City during the term of the Contract, as well as any residential dwellings constructed during said term. Service to land annexed to the City and future residential developments shall be provided on the same terms as set forth herein. Any changes to the corporate boundaries or service area resulting from annexations, zoning actions, site plan approvals, construction etc., shall be communicated to the Contractor by the City. 4.6 COLLECTION SERVICE Refuse and recycling collection services are provided on a year-round basis, and yard waste collection services are provided for an eight (8) month period only, April 1’ November 30" of each year of this Contract. If there is a composting facility still open, the Contractor shall extend the yard waste collection period through the sooner of December 15 or when the previously agreed upon composting facility is closed for the season. The Contractor shall provide either a thirty-five (35) gallon cart or a ninety-five (95) gallon cart to every single-family or two-family residence subject to the terms of this Contract. The Contractor shall offer new residents a choice of which cart they would prefer; if no response is received from a resident, a thirty-five (35) gallon cart will be delivered. Residents may request to change the size of the cart used, but will be charged twenty-five dollars ($25.00) on their next bill for this service. 4.7. DAYS OF COLLECTION The Contractor shall provide, at a minimum, once a week, same day refuse, yard waste, and recyclable collection service to all single-family and two-family residences (detached and attached), which receive curbside and/or alley collection. Collection for the entire City shall occur on Monday, Wednesday, Thursday and Friday, based upon the districts on the map attached as Exhibit “B”. 4.8 | HOURS OF COLLECTION The Contractor shall not commence work before 7:00 A.M. and shall cease collection by 7:00 P.M. The Contractor shall furnish a sufficient number of vehicles and personnel to accomplish the work within the specified time period, regardless of adverse conditions, mechanical breakdowns, or other similar hindrances. The Contractor’s employees shall provide collection services to West Chicago residents with as little noise, disturbance, and disruption as possible. 4.9 HOLIDAYS The Contractor shall not be required to provide refuse, yard waste, or recyclable collection services on the following recognized holidays: New Year’s Day Independence Day Memorial Day Labor Day Thanksgiving Day Christmas In the event that any of these holidays fall on a weekday, or a Sunday, all refuse, yard waste, and recyclable collection services scheduled on that day and for the remainder of the collection week shall be delayed one day after the recognized holiday. Collection shall also be provided on Saturday, if necessary, as a result of a holiday. Any holiday falling on Sunday will be observed the following Monday with services delayed one day that week. ===== PDF PAGE 19 ===== [Extraction: OCR (rendered-page OCR)] 4.10 UNIVERSAL STICKERS Universal stickers shall be used both for the disposal of garbage that does not fit within the cart provided by the Contractor as well as for the disposal of yard waste placed within an appropriate yard waste container. The Contractor shall be responsible for printing, distributing and selling universal stickers, which should be designated to be of a “one-time use” variety. The Contractor shall arrange for area retailers to aid in the sale of stickers and shall make every effort to secure arrangements with at least six (6) retail establishments so as to achieve reasonable City wide coverage and a readily available supply of stickers. A list of the retailers used shall be provided bi-annually to the City on or before January 1‘ and July 1* of each year, and any modifications to this list shall be provided immediately upon a change. The City shall also agree to act as a retailer in the sale of universal stickers. Retailers may add no more than five cents ($0.05) to the cost of the sticker to recover their administrative costs associated with selling them. Retailers that are found adding more than five cents ($0.05) may be issued a citation and prohibited in the future from acting as an agent to provide these stickers. The Contractor shall provide universal stickers to local retailers and shall not charge retailers for storage, handling, mail, or in person delivery of such stickers. The Contractor shall also offer stickers for sale to West Chicago residents through mail order with a ten (10) sticker minimum order required by phone, and shall include handling and mailing costs in the total cost of the stickers. No other markup for mail orders shall be permitted. West Chicago residents may request the mail order of stickers by phone. The Contractor may sell stickers directly to residents by mail on either a prepaid or a billable basis, at its discretion. Billing and collection of charges for residential mail orders shall be the sole responsibility of the Contractor. The Universal sticker price, effective January 1, 2025, will be $3.00/each. Beginning January 1, 2026, and each January 1“ thereafter during the term of this agreement, the sticker rate will increase by a fixed rate of four percent (4.00%). The Contractor shall honor the use of old universal stickers for an unlimited time after a new sticker price has been constituted, at no additional charge. 4.11 STICKER DESIGN AND CONSTRUCTION The City reserves the right to approve or disapprove the design and construction of the universal sticker. Stickers must be an approved color, which should be clearly visible from a distance by drivers at dawn or dusk. The paper used shall be biodegradable and shall contain a backing of glue that will adhere to container surfaces in sub-zero temperatures as well as in extreme heat. All refuse stickers shall contain the City of West Chicago logo and shall be clearly labeled for its extended collection purchase. 4.12 SEASONAL LEAF COLLECTION The Contractor shall furnish all labor, materials, and equipment to collect leaves throughout the service area once a week for a period of six (6) weeks during the months of October/November (5 weeks) and April (1 week). Leaves can be disposed of in any biodegradable “Kraft” paper bag or a 95-gallon yard waste cart provided by the Contractor. Leaves will not be accepted in plastic bags or cardboard boxes. Stickers will not be required. This service will be provided at no cost to the City or its residents. ===== PDF PAGE 20 ===== [Extraction: OCR (rendered-page OCR)] Contractor shall annually provide to the City an accounting of the volume of leaves collected during the one week spring and five week free fall leaf collection program. 4.13 EMPLOYEE CONDUCT/QUALITY OF PERFORMANCE The Contractor shall undertake all collection and disposal services rendered herein in a clean, orderly, and efficient manner and will use due care and diligence in the performance of the Contract. Neat, orderly, and courteous employees and collection crews shall also be provided. The Contractor shall prohibit the drinking of any alcohol beverages or the ingestion of any illegal narcotics by its drivers and crew members while on duty or in the course of performing their duties under the Contract. All employees shall carry company identification and shall present such identification upon request. All vehicle operators shall carry valid State of Illinois driver’s licenses for the class of vehicle operated. Vehicle operators shall obey all traffic regulations, including weight and speed limits. 4.14 VEHICLES The Contractor, at the request of the City, shall furnish a complete list of the vehicles used in the execution of the Contract. All vehicles shall display the name of the Contractor, a local phone number, and a vehicle identification number which are clearly visible on both sides. All vehicles shall be fully enclosed, leak proof, and operated in such a way that no refuse, recyclable, or yard waste can leak, spill, or blow off the vehicle. In the event any refuse, recyclable, or yard waste should leak, spill, or blow off a vehicle as the result of the vehicle operator’s failure to properly monitor the load or to close openings, the Contractor shall be responsible for the immediate collection and clean up of the litter. The City reserves the right to inspect the Contractor’s equipment solely for the purpose of determining compliance with the Contract. 4.15 MISSED PICK-UP AND COMPLAINT HANDLING The Contractor shall establish and maintain a local office and telephone number for the receipt of service calls or complaints, Monday through Friday, and on Saturday for Holiday collection, from 8:30 A.M. to 5:00 P.M. during the term of the Contract. All complaints shall be given prompt and courteous attention and shall be resolved within twenty-four (24) hours from the time received. The Contractor shall investigate any alleged missed scheduled collections, and if such allegations are found to be valid, arrange for the pick-up of materials within twenty-four (24) hours after the complaint is received. The Contractor shall supply the City, on a monthly basis, with a listing of all complaints received from customers who reside within the City. The complaint forms shall indicate the nature of the complaint, the date the complaint was received, the action taken by the Contractor, and the date the complaint was resolved. The Contractor shall place a notice with explanation on items that are not collected because of non-compliance with collection requirements. ===== PDF PAGE 21 ===== [Extraction: OCR (rendered-page OCR)] 4.16 BROCHURE DESCRIBING SERVICES The Contractor shall develop a brochure to inform West Chicago residents of the services covered by this Contract (e.g. refuse collection, recycling collection and yard waste collection, etc.), including information about rates, procedures, services, schedule changes due to holidays, and other essential or important information. This brochure shall be printed at no cost to the City, in both English and Spanish and shall be supplied to the City upon written request. The Contractor and the City shall mutually agree upon the contents of the informational brochure. The Contractor will update this information annually after the scheduled price changes. Should the City wish to have this brochure mailed to all customers, the parties will equally share in the costs of printing and mailing. The City must review and approve the brochure prior to printing. Upon request of the City, the Contractor shall also make available personnel for presentations at meetings or other similar gatherings to explain or reinforce the collection program throughout the term of the Contract. The City retains the right to approve all materials to be delivered by the Contractor to West Chicago residents including, but not limited to, door hangers, leaflets, fliers, etc. 4.17 CHANGE IN SERVICE If the City should wish to change the type of service provided during the term of the Contract including, but not limited to, the type of materials collected, method of collection, variety of recyclable materials collected, etc., the City shall have the option to initiate the change in service by notifying the Contractor in writing at least thirty (30) days prior to the day such service is to begin. The City and the Contractor shall negotiate the terms to be changed, and price of such change in service after proper notice has been served. 4.18 SERVICE INTERRUPTIONS FOR VACANCIES AND VACATIONS The Contractor shall allow residents to interrupt service and not be charged for services for vacancies in occupancy for unlimited periods, as verified by City water usage, provided that the residents notify the Contractor of the vacancy. The Contractor shall allow residents to interrupt service and not be charged for service for vacations once a year of 30 to 120 days, provided residents notify the Contactor prior to vacation interruption of the dates of stop and resumption. Any balance on the account must be paid in full prior to the account being updated to vacation status. 4.19 CONTRACTOR TRANSITION Should the City select a different hauler at the expiration of the Contract, the Contractor shall agree to refund to all customers the full purchase price of any universal sticker returned to the Contractor within thirty (30) days after such Contract expiration. The Contractor shall reimburse retailers as appropriate for returned or unsold universal stickers within thirty (30) days from the Contract expiration date. 4.20 DAMAGE TO PAVEMENT Except in the case of Contractor’s negligence or willful misconduct, Contractor shall not be liable for any damages to public pavement, curbing, or other driving surface resulting from the weight of its trucks and equipment. 10 ===== PDF PAGE 22 ===== [Extraction: OCR (rendered-page OCR)] 4.21 INSURANCE The Contractor shall procure and maintain for the duration of the Contract, the following minimum insurance coverage: INSURANCE REQUIREMENTS Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. (A) Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the municipality named as additional insured, and 2. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." 3. Workers' Compensation as required by the Workers’ Compensation Act of the State of Illinois and Employers’ Liability insurance. 4. Environmental Impairment/Pollution Liability Coverage for pollution incidents as a result of a claim for bodily injury, property damage or remediation costs from an incident at, on or migrating beyond the contracted work site. Coverage shall be extended to Non-Owned Disposal sites resulting from a pollution incident at, on or mitigating beyond the site; and also provide coverage for incidents occurring during transportation of pollutants. (B) Minimum Limits of Insurance Contractor shall maintain limits no less than the following 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, and property damage and $1,000,000 per occurrence for personal injury. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of $1,000,000. 2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers’ Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $500,000 per accident. 11 ===== PDF PAGE 23 ===== [Extraction: OCR (rendered-page OCR)] (C) 4. Environmental Impairment/Pollution Liability: $1,000,000 combined single limit per occurrence for bodily injury, property damage and remediation costs. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages (a) (b) () (d) () (f) The City, its officials, agents, employees and volunteers are to be covered as additional insureds as respects: liability arising out of the Contractor’s work, including activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, agents, employees and volunteers. The Contractor's insurance coverage shall be primary as respects the City, its officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, agents, employees and volunteers shall be excess of Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, agents, employees and volunteers. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not “follow form,” then the Contractor shall be required to name the City, its officials, agents, employees and volunteers as additional insureds. All general liability coverages shall be provided on an occurrence policy form. Claims-made general liability policies will not be accepted. Claims made policies would only be acceptable for the environmental impairment/pollution liability policy. 2. Workers! Compensation and Employers’ Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for losses arising from work performed by Contractor for the municipality. 12 ===== PDF PAGE 24 ===== [Extraction: OCR (rendered-page OCR)] (D) (E) (F) (G) (H) 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been received and acknowledged by the City. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. Verification of Coverage Contractor shall furnish the City with certificates of insurance naming the City, its officials, agents, employees and volunteers as additional insureds and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City and are to be received and approved by the City before any work commences. The municipality reserves the right to, when necessary, request full certified copies of the insurance policies and endorsements which may be redacted to protect proprietary information. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Assumption of Liability The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any sub-contractor, any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to this Contract. Indemnity/Hold Harmless Provision To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its officials, agents and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, including workers’ compensation claims, attorney’s fees and costs of defense which may accrue against the city, its officials, agents and employees, 13 ===== PDF PAGE 25 ===== [Extraction: OCR (rendered-page OCR)] () arising in whole or in part or in consequence of the performance of this work by the Contractor, its employees, or subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the City, its agents or employees, the Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the City, its officials, agents and employees, in any such action, the Contractor shall, at its own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City, its officials, agents and employees as herein provided. The Contractor further agrees that to the extent that money is due the Contractor by virtue of this contract as shall be considered necessary in the judgment of the City, may be retained by the City to protect itself against said loss until such claims, suits, or judgments shall have been settled or discharged and/or evidence to that effect shall have been furnished to the satisfaction of the City. Other Requirements 1. The Contractor will provide written confirmation that a safety/loss prevention program was in place at least 90 days prior to submitting the bid proposal. 2. The Contractor will provide evidence of completed employee safety training. 3. The Contractor must comply with all applicable laws, regulations, and rules promulgated by any Federal, State, County, Municipal and/or other governmental unit or regulatory body now in effect or which may be in effect during the performance of the work. Included within the scope of the laws, regulations, and rules referred to in this paragraph but in no way to operate as a limitation, are Occupational Safety & Health Act (OSHA), Illinois Department of Labor (IDOL), Department of Transportation, all forms of traffic regulations, public utility, Intrastate and Interstate Commerce Commission regulations, Workers’ Compensation Laws, Prevailing Wage Laws, the Social Security Act of the Federal Government and any of its titles, the Illinois Department of Human Rights, Human Rights Commission, or EEOC statutory provisions and rules and regulations. 4. The Contractor must provide evidence of specific regulatory compliance, if required by the City. 14 ===== PDF PAGE 26 ===== [Extraction: OCR (rendered-page OCR)] 4.20 LICENSES AND TAXES The Contractor shall be responsible for obtaining all licenses and permits necessary for the successful performance of the Contract. The Contractor shall also pay all Federal, State, and local taxes, including sales tax, social security, workers’ compensation, unemployment insurance, and any other tax, which may be chargeable against labor, material, equipment, or real estate. 4.21 INDEMNIFICATION The Contractor shall indemnify, defend, save, and hold harmless the City, its officers and employees, from any and all liability, losses, damages, expenses, and lawsuits, including workers’ compensation claims, attorney’s fees and costs of defense, employees of the City may suffer, incur, or become liable for on account of: ¢ The negligence of the Contractor, its employees, agents, or assigns; Sd Any assertion of claim under the Illinois Workers’ Compensation Act of similar acts made by persons furnished by the Contractor or subcontractor; and 5 Any action in law or equity brought by any party under Federal or State law in an effort to set aside the Contract. 4.22. CHANGE IN LAW The Contractor shall comply with all applicable federal, state, and municipal laws, ordinances, rules, and regulations governing the collection, disposal and processing of refuse, recyclable materials and yard waste during the term of the Contract. Should any change in federal, state or county legislation significantly impact the terms of this Contract, upon providing ninety (90) days written notice, either Party may request to renegotiate those and related items impacted by the change in legislation. Said request shall not be unreasonably denied, and both Parties shall use their best efforts to reach a mutually-acceptable Contract. 4.23, PREVAILING WAGE RATES The Contractor shall comply with the prevailing wage rates for Public Works projects as issued by the State of Illinois Department of Labor (see Exhibit “C”). 4.24 TRANSFER OF CONTRACT The Contractor shall not assign or subcontract any rights or interests under the Contract or any part thereof to any other person, firm, or corporation without the prior written consent of the City. This Contract shall be binding upon the parties hereto, their successors and assigns. 4.25 PENALTIES AND FINES The Contractor shall be solely liable for all fines and penalties imposed by the City or any other governmental agency resulting from the Contractor’s performance or its failure to perform its duties and obligations under the Contract. 4.26 NOTIFICATION Official notifications shall be made in writing and addressed as follows: City of West Chicago Groot, Inc.. 475 Main Street 2500 Landmeier Road 15 ===== PDF PAGE 27 ===== [Extraction: OCR (rendered-page OCR)] West Chicago, IL 60185 Elk Grove Village, IL 60007 Attn: City Administrator Attn: Municipal Manager 4.27 SEVERABILITY Any invalidity, in whole or in part, or any provision of this Contract shall not affect the validity of any other of its provisions. 4.28 CUMULATION OF REMEDIES All remedies available to either party for breach of this Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 4.29 NECESSARY OR REASONABLE ACTS Each party agrees to execute and deliver any instruments and to perform any acts that may be necessary or reasonably requested in order to carry forth the transactions contemplated by this Contract, so long as such instruments and acts (a) are not inconsistent with the provisions of this Contract and (b) do not involve the assumption of obligations in addition to the obligations contemplated by this Contract. 4.30 COLLECTION OF CITY FEES The Contractor shall collect the fees associated with the City’s brush collection program and any administrative or other charges related to the solid waste program at the same time it collects the charges associated with this Contract. The City shall notify the Contractor at least thirty (30) days in advance of the fees to be collected, or of any changes to the fee structure. The Contractor shall remit any of these fees to the City quarterly, by the last business day in August, November, February and May of each year; accompanying this payment should be a list provided by the Contractor of those residents who have failed to pay as of the due date. The Contractor shall neither be permitted to keep a percentage of the money collected nor impose an administrative fee to compensate for this service. 4.31 DUTY TO KEEP RECORDS The Contractor shall maintain its books and records related to the performance of this Contract in accordance with the following minimum requirements: (A) The Contractor shall maintain any and all residential billing addresses and financial records for charges to clients covered by this contract, as well as all other nonproprietary records or documents related to the service being provided for under this Contract for a minimum period of three (3) years, or for any longer period as required by law, from the date of termination or completion of this contract. (B) Any of the above records or documents that are deemed nonproprietary by the Contractor are required to be maintained pursuant to this Contract shall be made available for inspection or audit, at any time, during regular business hours, upon written request by a City representative. The records shall be available to City representatives at the Contractor’s address indicted for receipt of notices in this Contract or at City Hall. 16 ===== PDF PAGE 28 ===== [Extraction: OCR (rendered-page OCR)] (C) Residential billing records, including records of residents who receive senior rates, shall be provided upon City request. 4.32 BILLING SERVICES The Contractor is responsible for billing residents for services covered by this Contract. Residents are to be billed quarterly (four times per year) in advance of service, with the bill indicating the period of service, whether it reflects the senior rate, 35-gallon cart regular rate or 95-gallon cart rate, and the date due. Bills are sent to residents the month before the service period begins, and payments are due at the first day of the second month of the three-month billing period. The Contractor shall maintain a drop-box depository adjacent to the City’s drop-box depository for payment of bills, and the Contractor shall collect such payments no less often than every 48 hours, excepting holidays. The Contractor is responsible for any losses due to failure of residents to pay for services. The City will assist the Contractor in ensuring that residents contract for refuse services pursuant to this Contract The City Code contains language requiring payment for said service as a component of provision of water service, as water service is an indicator of occupancy which, then, requires refuse service to the residence. The Code further provides that refuse charges as billed by the Contractor shall be paid on a timely basis, and that failure to pay said refuse bill shall be deemed a failure of the resident to comply with the City Code. Failure to pay any portion of the required fee for residential occupancy is deemed a failure to pay which will authorize the City to terminate water service until full payment is made. The City will also cooperate and assist the Contractor by providing information about move-ins, move-outs and water billing information. 4.33 PERFORMANCE BOND Within fourteen (14) days of receipt of said notice of award of contract, the Contractor will be required to furnish a performance bond in the amount of $100,000.00, payable to the City as security for the faithful performance of the specified services. Premiums for the performance bond shall be paid by the Contractor. A certificate from the surety showing that the bond premiums are paid in full shall accompany the delivery of the executed bond. Said performance bond shall be renewed annually. 4.34 ANNUAL PAPER SHREDDING EVENT The Contractor, at its sole cost and expense, shall annually provide a day of paper shredding on a date mutually agreed upon between the City and the Contractor, whereby residents can bring their sensitive files to a designated drop-off point in the City. The Contractor will be responsible to shred all material during the day of the shredding event. 4.35 COLLABORATIVE INITIATIVES Representatives for the Contractor and the City shall meet at least once annually, so long as the contract is in effect, to discuss opportunities to collaborate on environmental initiatives. 17 ===== PDF PAGE 29 ===== [Extraction: OCR (rendered-page OCR)] SECTION V REFUSE COLLECTION SPECIFICATIONS 5.1 | PROGRAM DESIGN The collection of household garbage, bulk materials, white goods, and household construction and demolition debris shall be offered on a year round basis. 5.2. COLLECTION STANDARDS There shall be no limit on the number of containers or volume of refuse placed out for collection by a given household. The Contractor shall agree to provide at a minimum once a week collection service. The Contractor is required to empty refuse carts as part of basic pickup service and all stickered refuse placed outside of the carts. 5.3. CHARGES FOR SERVICE The Contractor shall invoice each resident on a quarterly basis, at the following monthly rates beginning January 1, 2025. Each rate beginning January 1, 2026, and each January 1“ thereafter, will be increase by a fixed rate of four percent (4.00%) during the term of this agreement. Single Family/Townhome w/ 95 gallon cart $23.74/monthly Single Family/Townhome w/ 35 gallon cart $19.74/monthly Senior Single family Townhome w/ 35 gallon cart $12.50/monthly To be eligible for the senior rate, the head of household must show a copy of a driver’s license or state identification card that shows that he/she is 65 years of age or older, as well as a copy of the property tax bill to ensure that he/she is a resident of West Chicago. The City will look at these documents, together with utility bills and any other paperwork requested to determine if a property owner is eligible for the senior rate. A resident who is otherwise eligible for this program and owns multiple properties within West Chicago will only be granted a senior rate on her/his principal place of residence. 5.4 BULK MATERIALS The Contractor shall provide collection services, at single-sticker cost, for items which are too large to fit into an approved refuse container. Examples shall include, but are not limited to: crates, barrels, small chairs, sofas, tables, box springs, carpet and padding, and small amounts of construction debris. 5.5 | WHITE GOODS Each white good will be collected at no additional charge. The customer shall contact the Contractor at least twenty-four (24) hours in advance and advise the Contractor that a white good is being placed outside for collection. The Contractor shall have a plan for the separate collection and proper recycling/disposal of white goods collected in compliance with all state and federal legislation. The Contractor shall be aware of the state of Illinois legislation regarding the implementation and restrictions on the disposal of certain wastes, and shall be responsible for compliance with such legislation. In the event of future changes in law, which directly impacts the cost of collection, Section 4.22 may be executed. 18 ===== PDF PAGE 30 ===== [Extraction: OCR (rendered-page OCR)] 5.6 ELECTRONIC WASTE Effective January 1, 2012, landfills are no longer able to accept electronic waste The Contractor, at its sole cost and expense, shall allow customers to drop off their e-waste at its facility in West Chicago at 1995 Powis Road on Saturdays from 8:00 a.m. until 11:00 a.m. at no charge. Should the Contractor close or remove the service from this facility, then the Contractor shall be responsible for finding another centralized drop-off facility within the corporate limits of the City of West Chicago where customers can continue to drop off their electronic waste at no charge. The Contractor shall allow customers curbside collection of e-waste, residents can call the Contractor or a company hired by the Contractor and request curbside collection of up to six (6) items (excluding televisions over 50lbs) for a fixed fee of $30.00, which must be paid prior to the collection of the electronic waste. Residents would be required to call-in and schedule this service at least 24 hours in advance of their service day. 5.7 AMNESTY DAY COLLECTION The Contractor shall provide one Amnesty Day collection each year of the Contract. During one regular collection week each year, the Contractor shall collect from each customer receiving: residential scavenger service, an unlimited amount of refuse. For the scheduled Amnesty Day collection, residents will be required to affix eight (8) stickers; this service will be provided at no cost to the City. In each Contract year, the City shall give the Contractor forty-five (45) days prior written notice of the collection week during which Amnesty Day collection shall occur. The types of materials to be collected and the sorting of materials will be specified in the rules promulgated by the Contractor and the City. 5.8 HOLIDAY TREE COLLECTION The Contractor shall provide a special collection for Holiday trees for a two (2) week period in early January, the exact dates to be mutually determined by the Contractor and the City. Residents will not be required to affix stickers for collection, and there will be no cost to the City for this service. 5.9 FOOD WASTE Illinois Public Act 96-418 allows food waste to be composted at licensed compost facilities. As of the signing of this Contract, there are limited permitted sites which can accept food waste mixed with yard waste, and those sites are closed in the winter. From April 1 through November 30, residents participating under the yard waste subscription service with cart, as detailed in section 7.1, will be permitted to mix organic food waste in with their yard waste within the designated cart only. The list of acceptable organic food waste includes fruits, vegetables, breads, grains, pasta, cereal, dairy (no liquids), eggshells, coffee grounds and tea leaves which shall be subject to change at the sole discretion of the Contractor. With an interest in expanding to a year-round composting program, both parties will monitor the market and industry trends during this Contract term, and should conditions change make this concept more attractive, the parties will meet to discuss the development of a year-round program for West Chicago. For a year round composting program to be implemented, both parties must agree to the program parameters and any associated cost that may apply. 19 ===== PDF PAGE 31 ===== [Extraction: OCR (rendered-page OCR)] 5.10 DISPOSAL OF RESIDENTIAL REFUSE Disposal of residential refuse shall be transferred only through the DuKane Waste Transfer Station. 5.11 DISASTERS The Contractor is responsible for collecting all stickered 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. The Contractor shall be entitled to any pass-through disaster relief reimbursements for solid waste collections made to the City. Collection times may be waived by the City in such cases. The City has the right to waive sticker requirements for the residents and instructs Contractor to collect all refuse at a collection rate of $175.00 per hour and disposal rate of $65.00 per ton. 5.12 REPORTS The Contractor shall prepare and submit to the City a monthly refuse report, due by the 15" day of the following month. The report shall include the following information: @ Total weight in tons and total volume in compacted cubic yards of refuse disposed of each month; @ = = Name and location of the landfill facility used by the Contractor; o Number of stickers sold; @ = Number of customers utilizing what size cart: 35 gallon senior, 35 gallon regular, 35 gallon townhome, 95 gallon senior, 95 gallon regular and 95 gallon townhome. @ Total volume collected from the annual Amnesty Day collection per Section 5.7 of this Contract. @ Number of white goods collected per month @ Upon request, due to complaints received by the City about service provided by the Contractor, reports shall be provided to the City providing a log of inquiries received and action taken to address each complaint and call. SECTION VI RECYCLING COLLECTION SPECIFICATIONS 6.1 PROGRAM DESIGN The contractor shall provide a 65-gallon cart designated for weekly collection of recycling to every residential customer covered by this Contract; a 65 gallon cart designated for recycling only will also be provided at the same time a garbage cart is given to any new customer. The cost of the curbside recycling program is built into the prices for the monthly service, with no 20 ===== PDF PAGE 32 ===== [Extraction: OCR (rendered-page OCR)] additional charges to either the City or resident for curbside recycling service. Customers will be permitted to use their existing recycling bins only if the 65 gallon recycling cart is full. 6.2. © MINIMUM RECYCLABLE MATERIALS TO BE COLLECTED The Contractor shall collect, at a minimum, the following material: Newspaper Mixed Paper: White/Color Paper, Magazines and catalogs, Telephone Directories, Junk Mail, Cereal and Cracker Boxes (Flattened) Corrugated boxes and brown paper bags Paperboard (chipboard and box board) Glass bottles and jars Aluminum formed containers/wrap Steel or Tin Cans Plastic six and twelve pack rings Plastic Containers #1, #2, #3, #4, #5, #6, #7 Milk/Juice Cartons Drink Boxes All of the items collected in this section shall be recycled in a proper way and in compliance with all applicable federal, state and local laws. The Contractor shall annually provide a list of locations where the recyclable materials are delivered for recycling. 6.3 METHODS OF PREPARATION AND COLLECTION Customers may continue to commingle the recyclables listed in Section 6.2 for collection by the Contractor. 6.4 COLLECTION STANDARDS There shall be no limit to the quantity, by volume or weight of recyclables, that a household may place at the curbside for collection in the 65-gallon cart provided by the Contractor. The Contractor shall provide a 95 gallon cart for recycling material in lieu of a 65 gallon cart upon request of a customer at no additional charge. The Contractor shall also collect from all recycling bins that have been placed out for collection for overflow recycle material that doesn’t fit within the cart, and shall place emptied recycling bins upside down to prevent the bins from blowing about. Residents may also place recyclable materials that are too large and do not fit into the recycling cart or bin(s) directly adjacent to the cart/bin(s) for collection by the Contractor provided that such materials have been properly prepared for collection. The Contractor shall be required to provide a tagging system for recyclables that are not collected. The tagged system must provide a simple explanation as to why the recyclable material(s) were not picked up, including, but not limited to, the following: contaminants; improper preparation; materials not accepted in program; refuse and/or yard waste mixed with recyclables; or some combination thereof. The Contractor shall submit, for approval by the City, an example of the tagging system to be used. Recyclable materials that were rejected shall be returned to the bin and not be left on the street or parkway areas. 21 ===== PDF PAGE 33 ===== [Extraction: OCR (rendered-page OCR)] The Contractor will also be responsible for cleaning up any material that has spilled as a result of the collection process. 6.5 RECYCLING CARTS The Contractor shall provide and maintain a reasonable supply of 65-gallon carts to cover replacements for lost, damaged, or stolen carts, and to provide initial carts for new construction and new customers at no cost to the resident. 6.6 COMPENSATION FOR RECYCLABLES All revenue received from the sale of recyclables shall be the property of the Contractor. 6.7 RECYCLING EDUCATION During the initial year of this Contract, the Contractor shall develop (in both English and Spanish), print and mail, at no cost to the City, a brochure describing and promoting the recycling program. The City must review and approve the brochure prior to printing and distribution. During the course of the contract, the City may require the Contractor to print and mail an updated recycling brochure should the parameters of the recycling program change. Upon request of the City, the Contractor shall also make available personnel for presentations at meetings or other similar gatherings to explain or reinforce the recycling program throughout the term of the Contract. 6.8 | PUBLIC RECYLCING BINS The Contractor shall provide and maintain decorative public recycling bins selected by the City (up to approximately $1,000 each) in the central business district and at government facilities (excluding the schools) for use by the public. The first three public recycling bins shall be provided at no cost to the City. Should the City wish to have additional public recycling bins, then the next three public recycling bins requested by the City shall be provided by the Contractor with the costs of such to be equally shared. Any additional public recycling bins beyond the first six that are requested by the City shall be provided by the Contractor, which will invoice the City for their full cost. The Contractor shall remove the recyclables from any location within the central business district (including from inside facilities such as City Hall) at least once per week at no cost to the City. Should the City request non-decorative public recycling bins for any of its special events, the Contractor shall provide such at no cost to the City. City staff will collect the recyclables from any public recycling bin located outside of the central business district and store them at 135 W. Grandlake Boulevard. The Contractor shall remove these recyclables at least once per week at no cost to the City. 6.9 HOLIDAY LIGHT RECYCLING The Contractor shall provide a special collection of holiday lights from the Friday after Thanksgiving through the third Friday in January. The Contractor shall supply the collection containers at mutually agreed upon locations available to City residents only. There will be no cost to the residents or City for this service. 22 ===== PDF PAGE 34 ===== [Extraction: OCR (rendered-page OCR)] 6.10 RECYCLING REPORTS The Contractor shall prepare and submit to the City a quarterly report of repeat recycling contamination offenders. The Contractor shall also prepare and submit to the City a monthly recycling report, due by the 15" day of the following month. The report shall include the following information: @ Annual participation rate (total number of set-outs divided by the number of homes included in the collection service); @ Total weight in pounds, of recyclable materials collected by category; @ Total weight in pounds of contaminated materials and the monthly contamination rate. SECTION VII YARD WASTE COLLECTION SPECIFICATIONS 7A PROGRAM DESIGN The yard waste collection service shall be offered annually from April 1 through November 30 during the term of the Contract. The City reserves the right to extend the length of the yard waste collection season, at its discretion, for a period of up to two (2) weeks after the November ending date and shall notify the Contractor of such change by November 15th of each calendar year. The Contractor shall agree to provide a minimum of once per week yard waste collection service, including pickup of hard and soft landscape waste, through the use of a universal sticker. This service shall be provided on the same day as the refuse pickup. The universal sticker shall be used for yard waste collection, and the prices for said stickers are detailed in Section 4.9. As an option for yard waste collection in lieu of purchasing universal stickers, residents can choose to participate in a calendar year yard waste subscription service. Residents shall be billed upon request in the first year of the program and in February of each year thereafter. The rate charged to customers may neither be prorated nor refunded at any time in the season. The annual cost of this service shall be $200.00 and will include a 95 gallon cart designated for yard waste collection only at no additional charge. The annual cost will be increased by four percent (4.00%) on January 1, 2026 and each January thereafter within the term of this agreement. These cans will be marked for “yard waste only”. Residents participating under the subscription service with cart will be permitted to mix organic food waste in with their yard waste within the designated cart only. The initial list of acceptable organic food waste include fruits, vegetables, breads, grains, pasta, cereal, dairy (no liquids), eggshells, coffee grounds and tea leaves which shall be subject to change at the sole discretion of the Contractor. This yard waste subscription is invoiced annually during the first quarter and new customers must pay in full. The amount is never prorated to reflect when they sign up. 7.2. COLLECTION STANDARDS In order for an approved yard waste container to be collected, each container must be properly stickered, which shall mean that it has a pre-paid universal sticker exclusively supplied by the Contractor securely and visibly affixed thereto. There shall be no limit on the number of containers placed out for collection by a given household, provided all containers and bundles are identified with the appropriate universal stickers. 23 ===== PDF PAGE 35 ===== [Extraction: OCR (rendered-page OCR)] The Contractor shall be required to provide a tagging system for any yard waste container that does not get collected. Each tag or label must provide a brief explanation as to why the material was not collected, including, but not limited to, no universal sticker attached, use of plastic bags of any kind, branches not bundled, bundles are in excess of four (4) foot length requirement, and the like. The Contractor shall submit, for approval by the City, an example of the tagging system to be used. 7.3. MONTHLY REPORT The Contractor shall prepare and submit to the City a monthly yard waste report, due by the 15" day of the following month. The report shall include the following information: 5 Total volume, in compacted cubic yards, of comingled yard waste, compost, and leaves collected; Sd Name and location of the facility where the Contractor brings its yard waste for processing; and 5 Number of stickers collected. SECTION VIII BREACH; EVENTS OF DEFAULT AND REMEDIES 8.1 | NON-PERFORMANCE DUE TO NON-STRIKE CLAUSES If Contractor fails to observe the established schedule of service for more than two (2) consecutive working days, and if such lack of observance is caused by the fault or negligence of the Contractor, and if such lack of observance is not due to extreme weather conditions, civil disorders, other acts of God, or circumstances beyond the control of the Contractor that prevent the timely accomplishments of its obligations, then the City will reserve the right to determine if there has not been sufficient cause to justify such lack of observance. If, in the City’s judgment, sufficient cause has not been demonstrated, then the City will serve notice by written letter stating that this contract will be deemed in default if the Contractor does not take action to re- establish the schedule within twenty-four (24) hours of said notice. If at the end of the twenty-four (24) hour period the Contractor has not made the necessary corrections, the City will take such steps as are necessary to furnish services according to the collection requirements provided for in this contract. The Contractor will be liable for any costs of such steps from the date of the notice of default. The City will further reserve the right to terminate this Contract, as well as take possession of Performance Bond assets. 8.2 NON-PERFORMANCE DUE TO STRIKE CLAUSES In the event of a work stoppage or strike of fifteen (15) days or more, the Contractor will be required to discount its monthly portion of the flat fee to the residents, not counting any fees collected on West Chicago’s behalf, as established in Section 4.30 of this Contract, at an amount equal to each service day for each day of service that was missed. 24 ===== PDF PAGE 36 ===== [Extraction: OCR (rendered-page OCR)] In the event of a strike, the City requests that the Contractor use its best efforts to provide minimal collection services (defined as at least one collection per seven days) for the commercial businesses and schools in West Chicago for which it has contracts, and the government facilities listed on Exhibit “A”. Further, in such event, the Contractor will provide the City with dumpsters and equipment to have at least three (3) geographic locations for residential drop-offs. 8.3. BREACH BY CONTRACTOR In addition to the foregoing, each of the following shall constitute a Breach on the part of the Contractor: (A) Failure of Contractor to pay, within 30 days after notice from the City of such nonpayment, amounts which are undisputed or which are due to the City under this Contract; (B) Failure of Contractor to perform in a timely manner any obligation under this Contract, except that such failure shall constitute a breach only if such failure remains uncured five (5) days after notice to Contractor from the City of such failure; provided, however, that this five (5) day notice with opportunity to cure shall not be required in the event of persistent and repeated failure to perform; (C) (1) The Contractor’s being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property; (2) bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws of any jurisdiction; (3) a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted against the Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within 120 days; (4) any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding; or (5) the levy of any distress, execution or attachment upon the property of the Contractor which shall (or which reasonably might be expected to) substantially interfere with its performance under this Contract. 8.4 EVENTS OF DEFAULT AND REMEDIES OF CITY If a Breach occurs under this Section, in addition to those set forth hereinabove, the City may exercise any one or more of the following remedies: (A) The City may declare an Event of Default and may then terminate this Contract if such default is not cured or substantially cured by the Contractor within twenty (20) days, upon notice to the Contractor and, subject to the provisions below, upon such termination the Contractor shall cease providing services under this Contract. (B) The City may seek and recover from the Contractor or by deduction from the Contractor’s performance bond any unpaid amounts due to the City, all of its substantiated costs for the failure of the Contractor to perform any obligations under this Contract, and all damages, whether based upon contract, negligence (including 25 ===== PDF PAGE 37 ===== [Extraction: OCR (rendered-page OCR)] tort), warranty, delay or otherwise, arising out of the performance or non- performance by the Contractor of its obligations under this Contract, and whether incidental, consequential, indirect or punitive, resulting from the Breach. (C) The City may call upon the sureties to perform their obligations under the performance bond or, in the alternative, after releasing the sureties from their obligations under the performance bond, take over and perform the required services by it own devices, or may enter into a new contract for the required services, or any portion thereof, or may use such other methods as shall be required in the opinion of the City for the performance of the required services. (D) The City shall have the power to proceed with any right or remedy granted by federal laws and the laws of the state of Illinois as it may deem best, including any suit, action or special proceeding in equity or at law for the specific performance of any covenant or Contract contained herein or for the enforcement of any proper legal or equitable remedy as the City shall deem most effectual to protect the rights aforesaid, insofar as such may be authorized by law. (E) Upon termination of this Contract, unless directed otherwise by the City, the Contractor shall for a period requested by the City, but not longer than six (6) months, continue to perform the contractual services during which period residents continue to pay the Contractor its scheduled compensation. (F) No remedy by the terms of this Contract conferred upon or reserved to the City is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the City. No delay or omission to exercise any right or power accruing upon any event of default shall impair any such right or power or shall be construed to be a waiver of any such event of default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any event of default shall extend to or shall affect any subsequent default or event of default or shall impair any rights or remedies consequent thereto. 8.5 TERMINATION In the event that either party is unable to perform any of its obligations under this Contract or its benefits because of any event (hereinafter referred to as a “Force Majeure Event”) which is unavoidable and beyond the control of the defaulting party, including, but not restricted to, a judicial or governmental decree, regulation or other direction not the fault of the party who has been affected, the threat or initiation of any legal action, communication line failure, power failure, pandemic, and any natural disaster or Act of God, the party who has been so affected shall immediately give notice to the other party and shall do everything reasonably possible to resume performance. Upon receipt of such notice, this Contract shall be immediately suspended. If the period of non-performance exceeds fifteen (15) business days from the receipt of notice of the Force Majeure Event, the party who has not been affected may, by giving written notice, terminate this Contract. 26 ===== PDF PAGE 38 ===== [Extraction: OCR (rendered-page OCR)] 8.6 LIMITATION OF ACTION Any action of any kind of the Contractor against the City or the City against the Contractor arising as a result of this Contract must be commenced within one year (or, if such one year period is prohibited by the applicable statute, such limitation shall be deemed to agree with the minimum period of limitation permitted by the applicable law) from the date the right, claim, demand or cause of action shall first accrue or is reasonably discovered. 8.7. CONTRACT WAIVER OF BREACH A waiver of any breach of any provision of this Contract shall not constitute or operate as a waiver of any other breach of such provision or of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision. ARTICLE IX CONTRACT INTERPRETATION 9.1 LAW OF STATE/VENUE This Contract is entered into and shall be performed in the state of Illinois. The City and Contractor agree that the laws of the state of Illinois shall govern the rights, obligations, duties and liabilities of the parties to this Contract, and shall govern the interpretation of this Contract. 9.2. INVALIDITY The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract shall not affect the validity of the remaining portion of the Contract, so long as the material purposes of this Contract can be determined and effectuated. IN WITNESS WHEREOF, the parties hereto have executed this Contract this day of , 2024. GROOT, INC. CITY OF WEST CHICAGO Kiel Pennington, Division Vice President Ruben Pineda, Mayor ATTEST: ATTEST: Josh Molnar, Municipal Manager City Clerk 27 ===== PDF PAGE 39 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT A CITY AND GOVERNMENT FACILITIES LOCATION AND COLLECTION FREQUENCY The Contractor will provide weekly solid waste and recyclables collection service at no charge to the following government facilities: Facility Location Minimum Collections Dumpster / Cart Per Week Size City Hall 475 Main St. 2 cubic yards 1 Police Station 325 Spencer St. 4 cubic yards 2 Public Works Facility 135 W. Grandlake Blvd. 20 cubic yards 1 Public Works Facility 135 W. Grandlake Blvd. 5 cubic yards 1 (Apr -Nov.) Wastewater Treatment Plant | Rt. 59 and Sarana Dr. 4 cubic yards 1 Vehicle Maintenance 412 Blakely St. 4 cubic yards 1 Water Treatment Plant 1400 Hawthorne Ln. 6 cubic yards 1 City Property 509 Church St. 1.5 cubic yards 1 Fire Department Office 200 Fremont St. 2 cubic yards 2 Fire Station 1651 Atlantic Dr. 2 cubic yards 1 Fire Station 1080 Commerce Dr. 2 cubic yards 1 Fire Station 1700 Powis Rd. 2 cubic yards 1 Prairie Oaks Aquatic Center | West end of National St. | 1 cubic yard (4) 2 Public Library 118 W. Washington St. 2 cubic yards 1 Parks Facility 830 Hawthorne Ln. 30 yard dumpster On Call Arc Center 201 W. National St. 2 cubic yards (2) 2 Skate Park 250 W. National St. 2 cubic yards (2) 2 Skate Park 250 W. National St. 10 cubic yards 1 Kress Creek Farms 1690 Joliet St. 50 gallon cans (2) 1 Turner Court* 100 - 220 Main St. 2 cubic yards (6) 3 Updated October 2024. *Turner Court will have an overflow charge of $35.00/per yard. In addition, each facility shall be provided at least one 95 gallon recycling cart which shall be emptied either once or twice a week, depending on volume. The City reserves the right to add, delete, or transfer service for government-owned facilities that are constructed, vacated, modified, or transferred during the term of this Contract. This is not to include roll-off containers larger than two (2) cubic yards; should the City desire free services for roll-off containers larger than two (2) cubic yards, the prior written consent of the contractor is required. 28 ===== PDF PAGE 40 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT B MAP OF COLLECTION ROUTES = | City of West Chicago 2022 Trash Route Map HB Monday Thursday [7] No Pick up 29 ===== PDF PAGE 41 ===== [Extraction: OCR (rendered-page OCR)] APPENDIX C CONTRACTOR'S PREVAILING WAGE CERTIFICATION The Contractor certifies and understands that the subject Contract is a contract for public work pursuant to 820 ILCS 130/3 (Illinois Prevailing Wage Act), and will comply with the Act by: (a) Paying the Prevailing Rate of Wages: (1) Paying to all laborers, workers and mechanics employed by or on behalf the City of West Chicago in the construction of public works not less than the general prevailing rate of hourly wages for work ofa similar character on public works in the locality in which the work is performed. (2) Paying to all laborers, workers and mechanics employed by or on behalf the City of West Chicago in the construction of public works not less than the general prevailing rate ofhourly wages for legal holiday and overtime work. (3) Including in all contractor's bonds a provision that it guarantees the faithful performance of the prevailing wage clause provided by the subject contract. (4) Listing in all bid specifications, the specified rates to all laborers, workers and mechanics in the locality for each craft or type of worker or mechanic needed to execute the subject contract. (5) Keeping an accurate record showing the names and occupation of all laborers, workers and mechanics employed by the contractor, in connection with said public work, and showing also the hourly wages paid to each of such persons, which record shall be open at all reasonable hours to the inspection of the City of West Chicago, its officers, and agents, and to the Director of the Illinois Department of Labor and his deputies and agents. (6) Making and keeping, for a period of not less than 3 years, true and accurate records of the name, address, telephone number when available, social security number, and occupation of all laborers, workers and mechanics employed by the contractor, in connection with said public work. The records shall also show the actual hourly wages paid in each pay period to each employee and the hours worked each day in each work week by each employee. While participating on public works, each contractor's payroll records shall include the starting and ending times of work for each employee. The record shall be open at all reasonable hours to the inspection of the City of West Chicago, its officers and agents, and to the Director of the Illinois Department of Labor and his deputies and agents. 30 ===== PDF PAGE 42 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 04-R-0064 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CERTAIN DEVELOPMENT AGREEMENT REGARDING TELECOMMUNICATIONS TOWERS AND CURBSIDE LEAF PICK-UP ~ GROOT INDUSTRIES, INCORPORATED; 3N220 POWIS ROAD WHEREAS, the City Council of the City of West Chicago, Du Page County, Illinois (the “CITY”) has determined that it is necessary and advisable for the public health, safety, welfare, and convenience of residents of the CITY that the CITY enter into a development agreement with the owner of the real property legally described on Exhibit “A” attached hereto and made a part hereof (the “SUBJECT REALTY”); and WHEREAS, there presently exist on the SUBJECT REALTY two functioning telecommunications towers that were legally established under the Du Page County Zoning Ordinance but which would be legally nonconforming under the CITY’s Zoning Ordinance as they violate the code with regard to quantity of towers per lot and the distance separating the towers; and WHEREAS, the CITY deems it beneficial for the owner of the SUBJECT REALTY to provide free curbside leaf pick-up for certain residential property within the CITY, as identified on Exhibit “C” to the Development Agreement; and WHEREAS, the Development Agreement is on file with the City Clerk of the CITY and available for public inspection, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, Du Page County, Illinois, in regular session assembled, as follows: Section 1, That the Mayor is hereby authorized to execute the Development Agreement between the City and the Developer, in substantially the form attached hereto as Exhibit “A”, and, by this reference, incorporated herein and all other documents required to effectuate the purpose of the Development Agreement. Section 2, That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. ===== PDF PAGE 43 ===== [Extraction: OCR (rendered-page OCR)] EgoLu7/Ow Section 3. That this beeen shall be in full force and effect from and after its adoption and approval as provided by law, A PASSED this [1 day of {Nan 2004, derman L. Chassee (feerrh Alderman J. Beifuss Gay derman R. Volkert Doe Alderman G, Kauth Las derman Z, Laureano Cagae Alderman R. Pineda de / derman G, Bunch Veresr derman N. Kifer Assian Q “4 / A derman J, Handel WUa#000 Alderman M. Kwasman bye A derman R. Stout Gout derman N, Connelly Ge i? derman A. Murphy ( z- Alderman N. Dzierzanowski ae x Mayor M., Fortner Q 6 J LD L-5 APPROVED as to form: Biteat City Attorney , b~ APPROVED this_[2" day of Mage , 2004, Mayor Michael R. Fortner > F-> &- F&F F&F SF FS ATTEST: Nancy M. afi City Clerk PUBLISHED: ===== PDF PAGE 44 ===== [Extraction: OCR (rendered-page OCR)] PROPERTY ADDRESS: 3N220 Powis Road West Chicago, IL 60185 PLN. 01-29-304-004 01-29-304-005 01-29-304-008 RETURN TO: City Clerk 475 Main Street West Chicago , IL. 60185 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (hereinafter “Agreement”) is entered into this vie day of {Y Lots , 2004, between the CITY OF WEST CHICAGO, an Illinois municipal corporation, with offices at 475 Main Street, West Chicago, IL 60185, (hereinafter the “CITY”) and GROOT INDUSTRIES, INC. (©OWNER”), being cach sometimes hereinafter referred to individually as a “PARTY” and collectively as the “PARTIES”, RECITALS WHEREAS, the OWNER is the Owner of record of all of the real property described in Exhibit “A,” attached hereto and incorporated herein by reference (hereinafter the “SUBJECT PROPERTY”), commonly known as 3N205 and 3N220 Powis Road; and ===== PDF PAGE 45 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, the SUBJECT PROPERTY consists of two parcels totaling approximately 7.08 acres, and is presently situated within the unincorporated areas of the County of DuPage; and WHEREAS, the OWNER desires to redevelop the Subject Property for vehicle and container storage purposes and for vehicle maintenance and repair services; and WHEREAS, there presently exist on the Subject Property two telecommunications towers located within approximately twenty feet (20°) from one another, with three equipment sheds, all on the same parcel, and all permitted under the County of DuPage Zoning standards; and WHEREAS, on April 14, 2004, the OWNER filed a petition for voluntary annexation, re-zoning and subdivision approval of the SUBJECT PROPERTY to the CITY; and WHEREAS, the City has determined that the annexation of the SUBJECT PROPERTY on the terms and conditions contained in an annexation agreement, would be in the best interests of the public and the CITY; and WHEREAS, the PARTIES wish to set forth additional terms governing the rights and duties of the PARTIES as to the use of the SUBJECT PROPERTY as a condition of and in consideration of the annexation and development approvals of the SUBJECT PROPERTY. NOW THEREFORE, in consideration of the premises and mutual promises contained herein, the parties agree that: ===== PDF PAGE 46 ===== [Extraction: OCR (rendered-page OCR)] GENERAL CONDITIONS FOR THE USE AND DEVELOPMENT OF THE SUBJECT PROPERTY 10 RECITALS/CONSTRUCTION OF AGREEMENT, 1.1 The above-stated Recitals are a material part of this Agreement and are hereby incorporated in this paragraph by reference. 2.0 SUPPORTING DOCUMENTS, 2.1 CITY See 2. cou is incorporated into this Agreement by reference as a supporting document, and said terms and conditions thereof shall be binding upon the Parties hereto, 3.0 CONTINUING LAND USE PERMITTED 3.1 From and after the Effective Date, OWNER shall be entitled to maintain, repair and in the case of force majeure, rebuild the existing cell towers on the SUBJECT PROPERTY in their current approximate locations, as depicted in the ALTA survey of the SUBJECT PROPERTY attached hereto as Exhibit “B,” WEST CHICAGO, subject to the terms of this AGREEMENT, shall treat such uses as if permitted on the SUBJECT PROPERTY, notwithstanding the enactment of the Annexation Ordinance and the Rezoning Ordinance and notwithstanding any provisions of the CODE and ordinances to the contrary. Said cell towers shall be deemed, during the term of this Agreement, to be allowable uses on the SUBJECT PROPERTY, 4.0 FREE LEAF PICK-UP, 4.1 Upon written notice from the CITY, OWNER agrees to provide twice each year, at its sole cost and expense, curbside leaf pick-up from any residential properties within the City and the area shown on Exhibit C (approximately 150 lots), OWNER shall provide this ===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] service during wecks mutually agreed to by OWNER and WEST CHICAGO. OWNER’s leaf pick-up service shall be the bagging, pick-up and disposal of leaves placed at the curbside, on the two weeks agreed. Properties desiring this service that are not currently within the corporate limits of WEST CHICAGO and the service area shown on Exhibit C shall be eligible for such service upon annexation to and written notice from WEST CHICAGO during the term of this AGREEMENT on terms negotiated between OWNER and the respective property owner. §.0 AMENDMENTS, 5.1 All amendments to this Agreement shall be in writing, duly authorized by the PARTIES. 6.0 REQUIRED NOTICES - ADDRESSES. 6.1 Required notices shall be sent to the parties as designated from {ime to time by written notice to the City Clerk. IF TO THE CITY: IF TO OWNER OR DEVELOPER Michael Guttman, City Groot Industries, Inc, Administrator c/o Mr, I.ce Bransma 475 Main Street 2500 Landmeier Rd. West Chicago, IL 60185 Elk Grove Village, IL 60007 With copies to With copies to: Patrick K. Bond Michael M. Roth Bond Dickson and Associates Wildman, Harold, Allen and Dixon 203 E Liberty Dr, 2300 Cabot Drive, Suite 455 Wheaton, IL 60187 Lisle, 11. 60532 70 BINDING EFFECT AND TERM, 7.1. The parties intend that the terms and conditions of this Agreement shall be a covenant running with the land and shall run for a period for 99 years and shall be enforceable ===== PDF PAGE 48 ===== [Extraction: OCR (rendered-page OCR)] by the CITY and shall be binding upon and inure to the benefit of the parties hereto, their grantees, successors in interest, assignees, heirs, executors, or lessees, 8.0 CUMULATIVE REMEDIES. 8.1 The parties’ rights and remedies hereunder shall be cumulative, and the exercise of any rights or remedies shall neither preclude enforcement of other rights and remedies nor waive other rights and remedies. The failure of either party to exercise any rights or remedies shall neither preclude enforcement of any rights or remedies nor constitute a waiver of any rights or remedies, 9.0 GOVERNING LAW AND VENUE. 9,1 This Agreement shall be governed by the laws of the State of Illinois both as to interpretation and performance, and any legal proceeding of any kind arising from this Agreement shall be filed in the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois, 10.0 FORCE MAJEURE. 10.1 | Whenever a period of time is provided for in this Agreement for either the CITY or OWNER to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform due to causes beyond the control of said party such as war, riot, strike or lockout by or against either party's own employees or suppliers, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake, tornado, or any act of God provided, however, that said time period shall be extended for only the actual amount of time said party is so delayed. Except for a strike or lockout by or against either party's own employees or suppliers, an act or omission shall not be deemed to be “beyond OWNER’s control” if committed, omitted or caused by OWNER, OWNER’s employees, officers or agents ===== PDF PAGE 49 ===== [Extraction: OCR (rendered-page OCR)] or a subsidiary, affiliate or parent of OWNER, or by any corporation or other business entity that holds a controlling interest in OWNER, whether held directly or indirectly, 11.0 ENFORCEABILITY. 11,1. This Agreement shall be enforceable by any of the parties hereto by an appropriate action at law or in equity to secure the performance of the covenants and terms of this Agreement. 12.0 EFFECT OF THIS AGREEMENT. 12,1 If any pertinent prior agreement, or interpretation thereof, between the parties, is inconsistent with or conflicts with any provision of this Agreement, then the provisions of this Agreement shall supersede the terms of said inconsistent prior agreement as it relates to the SUBJECT PROPERTY. 13.0 SEVERABILITY. 13.1 The paragraphs and provisions of this Agreement are severable; and, if any paragraph or provision is found to be unenforceable, the remaining paragraphs and provisions will remain in full force and effect, provided however, this entire Agreement shall terminate if the invalidity or unenforceability of any such paragraph or provision serves to undermine the fundamental concept or essential purposes of this Agreement, ===== PDF PAGE 50 ===== [Extraction: OCR (rendered-page OCR)] IN WITNESS WHEREOF, the parties set their hands and seals as of the date first written above. CITY OF WEST CHICAGO, an Illinois Municipal Corporation, Mayor City Clerky STATE OF ILLINOIS __ ) ) ss. COUNTY OF DUPAGE ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Michael R. Fortner, Mayor of the CITY OF WEST CHICAGO, and Nancy Smith, City Clerk of said City, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Mayor and City Clerk, respectively appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said City, for the uses and purposes therein set forth; and the said City Clerk then and there acknowledged that she, as custodian of the corporate seal of said City, did affix the corporate seal of said City to said instrument, as her own free and voluntary act and as the free and voluntary act of said City, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this |? day of “Man, , 2004, ===== PDF PAGE 51 ===== [Extraction: OCR (rendered-page OCR)] OWNER, GROOT INDUSTRIES, INC. C re aud By: Ngo 1 Wu AAG Vicé President STATE OFILLINOIS +) ) Ss. COUNTY OF DUPAGE) 1, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Lee Brandsma, of said Company, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Vice President, respectively appeared before me this day in person and acknowledged that he signed and delivered the said instrument, as his own free and voluntary act, and as the free and voluntary act of said Company, for the uses and purposes therein set forth; and the said Lee Brandsma then and there acknowledged that he, as custodian of the corporate seal of said Company, did affix the corporate seal of said Company to said instrument, as his own free and voluntary act and that the free and voluntary act of said Company, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this AZ rd day of , 2004, regal hs tn Me Ain Notary Public ; ===== PDF PAGE 52 ===== [Extraction: OCR (rendered-page OCR)] LIST OF EXHIBITS Exhibit A Legal Description of SUBJECT PROPERTY Exhibit B Survey Exhibit C Description of Free Leaf Pick-up Area 136518.v4 ===== PDF PAGE 53 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” AES OLUTION NO, 04-0-0064 EXHIBIT A THAT PART OF THE SOUTH 1/2 OF SECTION 29, TOWNSHIP 40 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29; THENCE NORTH 88 DEGREES 25 MINUTES EAST ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 1331.65 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 00 DEGREES 03 MINUTES WEST ALONG SAID LINE, ALSO BEING THE CENTER LINE OF POWIS ROAD, 1435.66 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 03 MINUTES WEST ALONG SAID CENTER LINE 137.73 FEET; THENCE NORTH 89 DEGREES 57 MINUTES EAST AT RIGHT ANGLES WITH THE CENTER OF POWIS ROAD 975.14 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO NORTHWESTERN RAILWAY, THENCE SOUTH 20 DEGREES 08 MINUTES EAST ALONG SAID RIGHT OF WAY LINE 146.6 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES WEST AT RIGHT ANGLES WITH THE CENTER LINE OF POWIS ROAD, 1025.5 FEET TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THAT PART DESCRIBED AS COMMENCING AT THE SOUTHWEST OORNER OF SAID SECTION 29; THENCE NORTH 88 DEGREES 56 MINUTES 37 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 29 A DISTANCE OF 1331.65 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 29, BEING ALSO THE CENTER LINE OF POWIS ROAD; THENCE NORTH 00 DEGREES 27 DEGREES 45 MINUTES EAST ALONG SAID CENTER LINE 1435.66 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 27 MINUTES 45 SECONDS EAST ALONG SAID CENTER LINE 137,73 FEET; THENCE SOUTH 89 DEGREES 32 MINUTES 15 SECONDS EAST AT RIGHT ANGLES TO ‘THE LAST DESCRIBED COURSE 62.51 FEET; THENCE SOUTH 00 DEGREES 35 MINUTES 03 SECONDS WEST 137.73 FEET; THENCE NORTH 89 DEGREES 32 MINUTES 15 SECONDS WEST 62.22 FEET TO THE POINT OF BEGINNING), INDUPAGE COUNTY, ILLINOIS. LOT 1 IN JESOO'S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 40 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, AQCORDING TO THE PLAT THEREOF RECORDED MAY 28, 1962 AS DOCUMENT R62-016308, IN DUPAGE COUNTY, ILLINOIS, LOT 2 INJESCO'S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTIIWEST 1/4 OF SECTION 29, TOWNSHIP 40 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN AQCORDING TO THE PLAT THEREOF RECORDED MAY 28, 1962 AS DOCUMENT R62-16308, IN DUPAGE COUNTY, ILLINOIS.