HomeMy WebLinkAbout03/21/2017 Republic Services'5
Age�nda_Xte Details
Meeting Mar 21, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m.
Category
7. NEW BUSINESS
Subject
7®7 Motion to waive the procedures for public bidding and accept the proposal from
Republic Services to extend the solid waste se ices contracts until December 31, 2026.
Access
Public
Type
Action
Preferred Date
Mar 21, 2017
Absolute Date
Mar 21® 2017
Fiscal Impact
Yes
Dollar Amount
4,084,467.00
Budgeted
Yes
Budget Source
Solid Waste Fund
Recommended
Waive the procedures for public bidding and accept the proposal from Republic Services
Action
of Mount Prospect, Illinois to extend the solid waste services contracts until December
31,2026.
Public Content
imr.1=1 - M
The'Tillage of Mount Prospect (the Tillage) currently provides single family, multi -family, and commercial
solid waste services, including refuse, recycling, and yard waste streams through two (2) separate
contracts. The residential contract encompasses all residential (single family and multi -family) solid waste
services except refuse disposal. The second contract provides solid waste services, including refuse
disposal, for all commercial properties. Both contracts establish an exclusive franchise and provide
zervice to all parcels in the Village.
The current residential contract with Republic Services was originally a ten year term commencing on
January 1, 2006 and expiring December 31, 2015.
On June 19, 2012, as part of a voluntary annexation agreement between the Village and Republic
Services, the ending date of this contract was extended to December 31, 2017
Residential waste is disposed of at the Solid Waste Agency of Northern Cook County's (SWANCC)
transfer station situated near the intersection of Central Road and River Road in Glenview, Illinois.
Pursuant to the project use agreement between the Village and SWANCC executed on March 17, 1992, all
residential waste, including single-family and multi -family waste, is contractually committed to this transfer
station. The project use agreement expires December 31, 2031.
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Page 2 of 4
communities have similarly structured residential solid waste contracts; disposal costs are billed
separately.
Under the terms of the contract with Republic Services, the Village pays the contractor for refuse and
recyclable collection. Yard waste collection is facilitated via a sticker fee and other services, such as white
goods collection, are directly billed by the hauler at contract rates.
Residential customers, both single-family and multi -family accounts, are billed by the Village. A resident's
bill would include rates determined by the collection service contract (currently with Republic Services),
the disposal "tipping" fees included in the SWANCC contract, as well as minor administrative fees.
The existing residential contract with Republic Services encompasses 13,595 single family residential units
and 8,351 multi -family residential units. It cost $2,796,058 in 2015 (2015 is the last year actual numbers
are available).
The current commercial contract was originally a seven (7) -year agreement with a term commencing on
January 1, 2009 and concluding on December 31, 2015.
Like the residential solid waste services contract, this instrument was extended as part of the annexation
agreement between the Village and Republic Services on June 19, 2012. It also now terminates on
December 31, 2017.
The Republic Services contract provides refuse collection and disposal for 691 commercial properties. It
also provides recycling collection.
Commercial refuse disposal is not included in the Village's project use agreement and is not obligated to
SWANCC. The contractor can dispose of refuse at any licensed transfer station or landfill that provides a
competitive advantage. Consequently, tipping fees for commercial properties are included in this contract,
unlike residential properties. It has been the Village's experience that tipping fees have usually been lower
at non-SWANCC sites.
This contract also provides recycling collection. The contractor retains the revenue stream from the sale of
collected recyclables.
Commercial customers are directly billed for service by the contractor, not the Village, at rates established
in the contract. Container volume and frequency of service is determined by the customer. The
approximate value of this contract was $1,500,000 in 2015.
The combined 2015 value of both contracts, residential and commercial, totaled $4,296,058. 65% of this
expenditure was for residential solid waste services. 35% was for commercial solid waste services.
Pursuant to Village Board direction emanating from the strategic planning process, and consistent with the
advice of SWANCC Executive Director David Van Vooren, staff solicited a proposal from Republic
Services to extend or renew the existing exclusive residential and commercial solid waste contracts.
Republic Services was asked to submit a proposal for an exclusive service contract that encompasses all
residential and commercial solid waste customers in Mount Prospect. Staff directed Republic to mirror the
scope of work and services provided in the existing residential and commercial contracts. Furthermore,
staff suggested that the premise of Republic's submittal should emphasize a comprehensively low cost
solid waste solution in comparison to the existing contract and comparable SWANCC communities.
During the negotiation process, staff modified the scope of work to include pricing for new, optional
services including a "no sticker" unlimited yard waste collection program, a household electronics
collection program, a once per year household hazardous waste collection program, direct billing for
residential accounts, and modification of the yard material collection program to include food waste.
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Following discussion of this topic at the February 28, 2017 Committee of the Whole meeting, additional
pricing was provided for curbside household electronics collection and provision of a wheeled cart for
universal yard waste collection service.
Republic Services was not able to provide pricing for curbside household hazardous waste collection.
However, they have indicated an intent to develop the necessary infrastructure and controls to offer th,t
service in the near future.
Republic Services also submitted supplementary information regarding the disposition of collected
materials including refuse, yard waste, recyclables, and household electronics. This information is detailed
in the attached memorandum.
Staff finds the proposal submitted by Republic Services to extend the residential and commercial solid
waste contracts until December 31, 2026 is responsive and competitive.
Proposed rates for residential refuse collection and recyclingi, including both single-family and multi -family
households, are the lowest among 23 SWANCC commuinities. These rates decrease 16% when
compared to the existing contract. Furthermore, they are also the lowest among the four (4) most recently
bid or negotiated contracts in similarly situated communities suggesting that a more cost-effective solution
is unlikely from public bidding.
Commercial rates decrease 2%-5% when compared to the existing contract and are also competitive when
compared to other communities with exclusive commercial solid waste contracts; ranking third lowest
among seven (7) SWANCC communities. In addition, it is relevant to note that the commercial waste
market is highly variable when not regulated by an exclusive franchise. Over 90%! commercial accounts
reported savings when initially migrated to the Village's first exclusive commercial refuse contract in 2009.
Kepublic Services' proposal is also highly responsive offering a wide range of innovative, customer-
triented, environmentally friendly services including curbside household electronic collection, household
hazard waste collection events, and food scrap collection at competitive rates. Of note, is the option for
unlimited yard waste collection at the lowest cost universal rate ($1.15/househ0d) among the eight (8)
SWANCC communities that offer such service.
Furthermore, the proposed rates result in the lowest cost solid waste program when compared to the fw.
(5) SWANCC communities that hold similar comprehensive single-family, mufti -family, and commercial
cNntracts.,
Finally, it is relevant to note that the Village's recent resident survey indicated 85% of residents are
"satisfied" or "very satisfied" with solid waste services. This performance, when considered with Republic
Service's long standing as a Mount Prospect business, their successful prosecution of the current solid
waste contract, as well as their 2012 voluntary annexation into the Village, demonstrate the firm's unique
and substantial commitment to the Mount Prospect community.
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Alternatives
1. Waive requirements for public bidding and accept proposal to extend solid waste services contracts until
December 31, 2026.
2. Action at discretion of Village Board.,
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StatT Recommendation
from Republic Services of Mount Prospect, Illinois to extend the solid waste services contracts until
December 31, 2026.
Administrative Content
Executive Content
Motion & Voting
Waive the procedures for public bidding and accept the proposal from Republic Services of Mount Prospect,
Illinois to extend the solid waste services contracts until December 31, 2026.
Motion by Michael Zadel, second by Paul Hoefert.
Final Resolution: Motion Carries
Yea: Paul Hoefert, John Matuszak, Steve Polit, Richard Rogers, Colleen Saccotelli, Michael Zadel
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.. . . . .. . . . . . .. . .. ... . .
FROM: DIRECTOR OF PUBLIC WORKS
DATE: MARCH 15, 2017
SUBJ: REPUBLIC SERVICES SOLID WASTE CONTRACT EXTENSION
The Village of Mount Prospect (the Village) currently provides single family, multi -family, and
commercial solid waste services, including refuse, recyclin& and yard waste streams through two (2)
separate contracts. The residential contract encompasses all residential (single family and multi -family)
refuse disposal, for all commercial properties. Both contracts establish an exclusive franchise and
provide service to all parcels in the Village,
Residential Solid Waste Services
I ne cirrent-TUST fear,
2nd expiring December 31, 2015.
On June 19, 2012, as part of a voluntary annexation agreement between the Village and Republic
Services, the ending date of this contract was extended to December 31, 2017.
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fee and volume is unlimited provided refuse is containerized in an appropriate cart.
Prior to the automated cart program, the Village utilized a modified volume program that limited
collection to two (2) - 32 gallon cans. Residents were required to purc�hase garbage stickers for set -
outs in excess of two (2) - 32 gallon cans.
Residential waste is disposed of at the Solid Waste Agency of Northern Cook Countys (SWANCC)
transfer station situated near the intersection of Central Road and River Road in Glenview, Illinois.
Pursuant to the project use agreement between the Village and SWANCC executed on March 17,
__-----1--_' ", „ice . .. . .. . .. . ... .. . .. "Il""Ill""Ili,a/////////////// ---- - - -- — --------
Page 2 of 13
March 15, 2017
1992, all residential waste, including single-family and multi -family waste, is contractually
committed to this transfer station. The project use agreement expires December 31, 2031.
Disposal costs, commonly referred to as "tipping feesare not included in the Village's residential
contract. Tipping fees are paid separately to SWANCC. Most SWANCC member communities have
similarly structured residential solid waste contracts; disposal costs are billed separately.
Wn,far the tarims j[,f this cisntrad, the Village ;rays the-etatractir fir refyse- ani racjcMla cifle-d4n.
Yard waste collection is facilitated via a sticker fee and other services, such as white goods
collection, are directly billed by the hauler at contract rates.
Residential customers, both single-family and multi -family accounts, are billed by the Village.
The existing- residential contract en
family residential units. It cost $2,796,058 in 2015 (2015 is the last year actual numbers are
available).
Commercial Solid Waste Services
on January 1, 2009 and concluding on December 31, 2015.
Like the residential solid waste services contract, this instrument was extended as part of t
?nnexation agreement between the Village and Republic Services on June 19, 2012. It also ni
This contract provides refuse collection and disposal for 691 commercial properties. It also provides
recycling collection.
Commercial refuse disposal is not included in the Village's project use agreement and is not
obligated to SWANCC. The contractor can dispose of refuse at any licensed transfer station o!
landfill that provides a competitive advantage. Consequently, tipping fees are included in this
contract. it has been the Village's experience that tipping fees have usually been lower at non -
This contract also provides recycling collection. The contractor retains the revenue stream from t
c -ale of collected recyclables.
Commercial customers are directly billed for service by the contractor at rates established in the
contract. Container volume and frequency of service is determined by the customer. The
approximate value of this contract was $1,500,000 in 2015.
1-1111— ......... --l—,"', ...... ........ .............
'Jage 3 of 13
Rtpublic Sei-,victs S*14 Waste Co:-itract Ext�tnsivn
March 15, 2017
t Facts, res I a n 5 -cum FT i e wrd
this expenditure was for residential solid waste services. 35% was for commercial solid waste
2 =-
Pursuant to Village Board direction emanating from the strategic planning process, and consistent
with the advice of SWANCC Executive Director David Van Vooren, staff solicited a proposal from
Republic Services to extend or renew the existing exclusive residential and commercial solid waste
A R
for a negotiated contract given recent aggressiveness by Republic Services' major area competitors.
ttier,�Imf4ftf 146YZTi—aKTW&
such as Glenview or Arlington Heights.
Finally, Republic Services' regional headquarters and main transfer station are located in Mount
Prospect. Altruistically, and perhaps practically, these assets could engender even more incentive
for Republic to retain our contract.
Republic Services was asked to submit a cost proposal for an exclusive service contract that
encompasses all residential and commercial solid waste customers in Mount Prospect. Staff
directed Republic to mirror the scope of work and services provided in the existing residential and
commercial contracts. Furthermore, staff suggested that the premise of Republic's submittal should
emphasize a comprehensively low cost solid waste solution in comparison to the existing contract
and comparable SWANCC communities.
services including a "no sticker" unlimited yard waste collection program, a household electronics
collection program, a once per year household hazardous waste collection program, direct billing for
residential accounts, and modification of the yard material collection program to include food
waste. In the analyses that follow, the costs for these optional services are not included, but could
be added, at the discretion of the Village Board.
6vti
no precedent for a solid waste contract extending beyond ten (10) years. It was the intent of staff
that the term could be utilized as a mechanism for lowering costs.
Negotiations between staff and Republic Services began in May 2016 and concluded in January
2017. Attached as Exhibit I is Republic Services' best and final proposal. The proposal is for a ten
(10) year contract commencing January 1, 2017. Table 1 below summarizes the essential scope of
work included in Republic's proposal.
Page 4 of 13
March 15, 2017
Table 1
Residential Services
• Once -a -week collection
• Automated Cart Collection
• Cart Exchanges
• Unlimited use Pick-up
• 1 -cubic yard of construction material
• Backdoor collection
• it Good Collection
• Move ouVmove in service
• Special Collection/Disposal Service
• Christmas Tree Collection
• Unlimited brush collection
• No Charge leaf bag collection for 3 weeks
• Yard Waste Subscription (includes food scrap material) $130/month
• Option for unlimited yard waste collection (additional $ 1.15/house hold)
• Option for electronics waste collection (additional $0.50/household)
• Option for once --year Household Hazardous Waste Collection (additional $0.25/household)
Commercial Services
0 2-5% net savings to consumers from the 2016 commercial rates.
Multi -Family
0 Multi -Family Rates are less than Wheeling or Hoffman Estates -
Discussion
Republic Services proposes to replace the final year of the current residential and commerco
contracts with the first year of the new contract. That is, the contract rates would be reti
January 1, 2017 and the contract would terminate on December 31, 2026.
This juxtaposition has the following immediate (2017) impacts when correlated to the final year
pricing of the existing contract:
* Residential single-family refuse and recycling rates decrease 16% ($12.62/unit -vk
$10.60/unit)
* Commercial refuse collection and disposal rates cumulatively decrease 2%-5% dependini?
upon container volume and frequency of service (see Exhibit 2 for further detail).
* The cost of white goods collection and disposal decrease 34% ($38.00/item to $25.00/item).
Page 5 of 13
Republic Services Solid Waste Contract Extension
March 15, 2017
Commercial recycling collection rates are unchanged. All commercial accounts receive up tG
a ten (10) cubic yard container pulled once per week at no charge. Costs for additional
containers or more frequent service remain unchanged when compared to the current
• Curbside yard waste collection fee (paid to Republic) remains unchanged ($2.33/sticker).
• Multi -family refuse collection rates increase 7% - 10% (see Exhibit 3).
Comparison with SWANCC Communities
Residential Refuse and Recycling Collection
Table 2 contains a cost comparison of 14 SWANCC member communities for residential refuse,
recycling, and, in some cases, yard waste coHection. All of these communities have separate
contracts with haulers for locally specified services. As a consequence, the scope of work and
terms of these contracts differ. For example, some rates include yard waste collection in lieu of
a sticker program. These variances are noted in the exhibit where applicable,
Table 2
CONTRACTTERM
(YEARS)
CONTRACT
DATES
GLENVIEW
MOUNT PROSPECT (PROPOSED)it
ARLINGTON HEIGHTS
JANUARY 2015
MOUNT PROSPECT (CURRENT)
MORTON GROVE
NILES (INCLUDES YARD WASTE)
TES
HOFFMANN ESTASII
EVANSTON (REFUSE & YARD WASTE ONLY)
BUFFALO GROVE (INCLUDES YARD WASTE)
.
PARK RIDGE (INCLUDES YARD WASTE)
. . . . . . . . . .
MAY 2016
ELK GROVE
APRIL 2015
WHEELING (INCLUDES YARD WASTE)
PALATINE
PROSPECT HEIGHTS (INCLUDES YARD WASTE)
BARRINGTON (INCLUDES YARD WASIE)
WILMETTE (INCLUDES YARD WASTE)
APRIL 2015
*YARD WASTE STICKER PRGM
,, IIII-11-11— I,—,— /',' ................... .................... ,i,,;;,,„....
Page 6 of 13
Republic Services Solid Waste Contract Extension
March 15, 2017
The single family residential refuse and recycling unit fee proposed by Republic Services is the
lowest rate among the 14 surveyed SWANCC communities. The rate is equivalent to Glenview's
recent contract with Groot Industries at $10.60 per household.
The average residential rate is $14.82 per household. Republic's proposed rate is 33% lower
than this mean.
The four (4) most recently awarded contracts include Arlington Heights (January 2015), Elk
Grove Village (April 2015), Glenview (April 2016), and Park Ridge (May 2016). The average rate
among these communities is $12.83 per household. Republic's proposed rate is 19% lower than
RITTUM
Of the 14 surveyed SWANCC communities, eight (8) reported residential rates that include yard
waste collection (in lieu of a sticker program). The average rate for these communities is $15.90
per household. Republic has offered a per household cost of $1.15 to add unlimited yard waste
collection and eliminate the sticker program. This additional fee would increase the residential
rate to $11.75. This rate is the lowest rate among similar contracts and is 30% lower than the
mean for this group.
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and recycling collection is advantageous for the Village.
Multi -Family Refuse and Recycling Collection
Like single-family residential rates, multi -family fees differ among municipalities. To begin with,
most communities do not include multi -family residential complexes in their refuse contracts.
Furthermore, some have not committed this tonnage to SWANCC.
Another common variance is pricing structure. Among SWANCC communities, only Mount
Prospect, Wheeling; Barrington and Hoffman Estates structure pricing according to container
volume and frequency of service. Exhibit 4 compares these rates. On average, Republic
Services' proposed rates are 44% lower than the mean for this group.
Other communities that include multi -family complexes request pricing on a per household
basis (similar to single-family pricing). In order to facilitate further analysis, Village costs were
converted to a household rate. The data in Table 3 (below) was created by multiplying the
comparison communities' comparison rates by the number of multi -family households in Mount
Prospect (8,351). This analysis presents the cost to service Mount Prospect multi -family
customers using the rates established in the indicated municipalities. The average annual cost is
$108.09 per multi -family household. Republic's proposed cost is $65.46 per multi -family
household. It is the lowest cost of surveyed communities and is 48% lower than the mean for
- - - - - -----------------
,,,'age 7 of 13
;ke:?uVic kteeices SAU Waste Untract Exttrision
March 15, 2017
Table 3
Comparison of Costs to Service Mount Prospect Multi -Family Residential
at Other Communities" Rates
MOUNT PROSPECT (CURRRRENT)
. ........... ........... 3F__
MOUNT PROSPECT (PROPO■SED)
1
$546,676.44
WHEELING
$661,284.00
IDGE*
$741,568.80
BU F FALO GROVE*
PALATINE*
$880,863.48
$960,030.96
)37.32
BARRINGTON
HOFFMANN ESTATES
.$1,119,720.84_.
$1,132,648.08
411; selen 1,1�A'rl'L-L-TUFTi-rr-iUTiTffL3s ri an-ITTUT3177 cornmUlTfarTMI iiiiii Contract.
Most do not. Instead, businesses secure these services from the open market. Further, none of
the SWANCC communities commit commercial waste to the Glenview transfer station.
F 17swe-177 "tuner 1411_55-�f U13
as a means to increase the bargaining power and lower refuse costs for Mount Prospect
businesses. Prior to this contract, businesses individuafly negotiated services with any willing
hauler. Rates were highly variable and generally above the market mean. During the transition
to the new contract in 2009, 95Y,�eWs�unt#w� theX garnered Lngie
Commercial refuse costs are determined by container size and frequency of service. That is, a
bu5iness's costs-varry-bWhe size of thei f
how often they're tipped. Republic's proposed rates and those of other communities with a
commercial franchise are listed in Exhibit 5. Although informative, these rates are difficult to
evaluate without a frame of reference. For example, the impact of low rate for tipping a 6 yard
container four times per week might be mitigated if it is a level of service not frequently utilized
by Mount Prospect businesses.
To facilitate comparison, staff applied the rates of other municipalities to the known level of
service (container volume, number of containers, and frequency of tips) for businesses in the
Village. The Table
1 below summarizes this analysis:
Page 8 of 13
RePLAblic Services Solid Waste Contract Extension
March 15, 2017
MUNICIPALITY
. . . ...............
SINGLE FAMILY
NUAL
WHEELIN�G
TOTAL
$1,039,3S6.48
NILES
(REFUSE &
$1,208,122.68
MOU T PROSP �(PROPOSED)
ECT�uniEt
M�Ivo
WILMETTE
RECYCLING)
COST
BARRINGTON
$115,814A4
$1,389,764M
HOFFMANN ESTATES
$116,733.20,
$1,400,798.40
MOUNT PRVIII OSPECT (CURRENT)
$117,487.85
$1,409,854.20
PROSPECT HEIGHTS
$122,989.17
$1,475,870.04
Repubfic Services' proposed rates to service the existing Mount Prospect commercial refuse
inventory is the third lowest in the surveyed group. The average cost of this group is $110,527
per month; Republic Services' proposed rates are slightly above this mean but are lower than
four (4) of the seven (7) communities,
All
contract to a single hauler. Table 5 below compares the rates of these contracts by applying
them to the existing book of Mount Prospect ,'1" waste customers. Republic Services'
proposed rates were used to cailculate Mount Prospect costs. This analysis indicates that
Republic Services' proposed rates are the lowest among communities with comprehensive solid
Table 5
A;z'. ZIT.J�,-r �.,
. . . ...............
SINGLE FAMILY
MULTI -FAMILY
Mll
COMMERCIAL
TOTAL
ANNUAL (RE REFUSE
(REFUSE &
(REFUSE &
ANNUAL
& RECYCLING)
RECYCLING)
RECYCLING)
COST
COST
ANNUAL COST
ANNUAL COST
MOUNT PROSPECT
1651,729,284.00
$618,133.80
. .........
$1,575,636.36
.
$3,923,654.16
(Proposed)
---
HOFFMANN
$2,205,652.80
$1,132,648.08
$1,598,606A
07.28
ESTATES
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Page 9 of 13
•
March 15, 2017
Yard Waste
The scope of services included in the proposed contract extension can be modified by optional,
additional fee services at any time during the term.
Yard Waste
There is no fee increase requested in the yard waste sticker fee payable to Republic Services
($2.33 per sticker).
$130 per year. This service includes weekly collection of a 95 -gallon wheeled cart refuse
container (no sticker needed). Cart rental cost is included in this fee.
Republic Services has also submitted an option proposal to eliminate the yard waste sticker
program and replace it with a flat fee applied to each single-family household. This option
would facilitate unlimited yard waste collection, properly prepared in consumer purchased
Kraft -style paper bags, at the rate of $1.15 per month universally applied to all single-family
households..
In addition, Republic Services has submitted an optional proposal to provide unlimited yar,
waste collection with a wheeled cart for all single-family residences at $2.40 per month ($1.15
as proposed plus $1.25 for the wheeled cart). Every household is charged the $2.40 should this
program option be selected.
cart. This rate would not be universally applied and would only be applied to households
expressly requesting wheeled yard waste cart.
Food Scrap Material
A proposed new program that will facilitate weekly collection of organic household food scrap
material (no meat or fish) in a 95 -gallon wheel cart eight (8) months per year. Program
participation is optional at the cost of $130 per year. Cart rental cost is included in the fee.
Electronics Collection
Facility (May through October). This program is factated by SWANCC. In the event SWANCC
discontinues this program, staff has asked Republic Services to propose a replacement or
suppl�emental program option, The proposed program includes twice per year household
electronics collection events at the Public Works Facility for Mount Prospect residents only.
Page 10 of 13
Republic Services Solid Waste Contract Extension
March 15, 2017
Funding would be generated by a monthly $0.50 fee universally applied to all single-family
households.
Alternatively, Republic Services has also provided a proposal to provide curbside electronic
waste collection once a month at a rate of $1.05 / month. This rate would be universally applied
mo. I I 70=1 •,•3
Household Hazardous Waste Collection
A new program providing a one (1) time per year drop -o* event for common household
chemicals such as oil-based paints, paint thinners, lawn chemicals, and used motor oil.
Presentt;� 1r;
Naperville, and Rockford. Funding for this option would be generated by a monthly $0.25 fee
universally applied to all single-family households.
Direct Billing
A program option that would transfer single-family and multi -family residential solid wastc-
billing from Village staff to Republic Services. Billing for commercial solid waste services is not
included. Commercial customers are already directly billed by the franchise hauler. Republic
Services' proposes to add this service for the monthly rate of $0.48 per household.
Disposition of Collected Materials
Curbside recycling collected in Mount Prospect will be delivered to Resource ManagemenI
materials. RMC's facility is located at the facility located at 9999 Anderson Ave, Chicago Ridge,
I
RMC owns and operates material recovery facilities that procure, receive, process and ship a
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and sale of secondary fiber to Asia.
; IeT
Management, LLC in Hoffman Estates, IL.
Indiana. ERI is the largest electronic recycler in North America. Certificates of destruction are
available upon request. ERI facilities are R2 (Sustainable Electronic Recycling International), ISO
(international Standards Organization) 9001, ISO 14001, and OSHAS (Occupational Health and
Safety Assessment Series) 18001 compliant.
Residential waste (residential and multi -family) will be disposed at the Solid Waste Agency of
North Cook County (SWANCQ transfer station in Glenview, Illinois. Commercial waste will be
Page 11 of 13
March 15, 2017
transported to Republic Services' transfer station located at 2101 S. Busse Road, Mount
Prosi halLum=
,2ect, IL and loade
Annual Escalator
All SWANCC communities accommodate price increases and escalate refuse contracts by
applying collars to the All Urban- Consumer, Price Index (CPI). The most common algorithm is to
increase all fees at the annual inflation rate calculated util'izing the CP1 with a maximum ceihng
Y f 2-1/2% or 3%. For example, if the CPI is 2%, all rates are increased 2%. However, if the CPI is
4%, the contract collars limit the increase to 3%. Most contracts include a 1% floor as well.
Table 6 below depicts escalator clauses of surveyed SWANCC communities.
Republic Services' proposes a fixed rate increase of 2-1/4% per year. They have expressed
reluctance to tie the contract to the general CPI. They posit their costs are not reflected well in
the consumer oriented index. Instead, they suggested the water/sewer construction sector of
the index provides a better approximation of their costs.
S7MT7MM,7MTTnW7rjrF7 s F - on s6CMFUrYi ONTIL C
rate when compared to the general CPI. Further, there is no precedence or emerging trend
among SWANCC communities to apply this, or any other, specific index sector to solid waste
TUNG�WMI
During the last 10 years, the average inflation rate calculated uitil�izing the monthly CP1 has been
1.9%. Republic Services proposed fixed rate is 17% higher than this average.
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2111s (2000-2010). All of these averages exceed Republic Services' proposed 2-1/9% fixed rate.
ommunity
Escalator
Glenview
CPI; L25%-3%
Buffalo Grove
Arlington Heights
Pl; 1%-3%
Morton Grove
lie
U WA1,21
Hoffmann Estates
Wheeling
Palatine
Wilmette
Republic Services' proposes a fixed rate increase of 2-1/4% per year. They have expressed
reluctance to tie the contract to the general CPI. They posit their costs are not reflected well in
the consumer oriented index. Instead, they suggested the water/sewer construction sector of
the index provides a better approximation of their costs.
S7MT7MM,7MTTnW7rjrF7 s F - on s6CMFUrYi ONTIL C
rate when compared to the general CPI. Further, there is no precedence or emerging trend
among SWANCC communities to apply this, or any other, specific index sector to solid waste
TUNG�WMI
During the last 10 years, the average inflation rate calculated uitil�izing the monthly CP1 has been
1.9%. Republic Services proposed fixed rate is 17% higher than this average.
IN/0-11111111
02=211 4 �,U
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2111s (2000-2010). All of these averages exceed Republic Services' proposed 2-1/9% fixed rate.
Page 12 of 13
Republic Services Solid Waste Contract Extension
March 15, 2017
contractEscalating prices at a fixed rate carries the risk that costs• + exceed averages
experienced throughout the economy. However, a fixed rate could also limit price variations
+ keep•! . below • .-term cost trends.
Value -Added Services
Republic Services' proposal establishes contract rates for specified services including refuse
collection for municipal buildings, public areas, and events; roll -off containers for Village
projects; loose leaf disposal; wheeled -cart exchanges; and three (3) weeks of free bagged leaf
collection/disposal. These ! ! • in Table 6 • !
Table 6
Schedule of Value -Added Services
Value -Added Services
Total
0 Roll off boxes
4/r4 r
1675 Tons of '.f Disposal
$77,050.00
Municipal•
'11 r1
Residential• .. 1
- ..
�. 0
- f 4
Recommendation
findsStaff proposal su• ! by • ! to extend the residential1.! solits'
waste contracts until December 1 • is responsived competitive.
accountsProposed rates for residential refuse collection and recycling, including both single-family and multi-
family households, are the lowest among 23 SWANCC communities. These rates decrease 16% when
compared to the existing contract. Furthermore, they are also the lowest among the four (4) most
recently bid or negotiated contracts in similarly situated communities suggesting that a more cost -
Commercial rates decrease 2%-5% when compared to the existing contract and are also competitive
when compared to other communities with exclusive commercial solid waste contracts; ranking third
lowest among seven (7) SWANCC communities. In addition, it is relevant to note that the commercial
waste market is highly variable when not regulated by an exclusive franchise. Over 90% of commercial
+! • savings when initially migrated tocommercial
contract11'.
Republic Services' proposal is also highly responsive offering a wide range of innovative, customer -
oriented, environmentally friendly services including curbside household electronic collection,
........ . ....... __ , "', . . .......................... . . . . . . . . . ..........
Page 13 of 13
Republic Services Solid Waste Contract Extension
March 15, 2017
option for unlimited yard waste collection at the lowest cost universal rate ($1.15/household) among
the eight (8) SWANCC communities that offer such service.
Furthermore, the proposed rates result in the lowest cost solid waste program when compared to the
five (5) SWANCC communities that hold similar comprehensive single-family, multi -family, and
commercial contracts.
Finally, it is relevant to note that the Village's recent resident survey indicated 85% of residents are
"satisfied" or "very satisfied" with solid waste services. This performance, when considered with
Republic Service's long standing as a Mount Prospect business, their successful prosecution of the
current solid waste contract, as well as their 2012 voluntary annexation into the Village, demonstrate
the firm's unique and substantial commitment to the Mount Prospect community.
Therefore, staff recommends that the Village Board waive the requirements for public bidding and
accept the proposal from Republic Services to extend the existing residential and commercial solid
waste and recycling contracts until December 31, 2026. Rates will be retroactive to January 1, 2017.
Respectfully Submitted,
9EM99=
Cc: Finance Director David Erb
Deputy Director of Public Works Jason Leib
Administrative Superintendent Kristina Jakupovic
File
C.,(UserslsdorseyIDesktoplREPUBLIC CONTRACT EXTENSION MEMORANDUM— DRAFT5.docm
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Exhibit 2: Commercial Refuse CoRection Rates vs. Proposed Rates
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Exhibit 3: MuItt-Family Refuse Collection Rates vs. Proposed Rates
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A. Back Door Service: Collection and disposal of refuse at residential un its
accordance with the Village solid waste program when specifically requested,
the back door, or at a location outside and behind the front line of the residence.1
B. Building Materials: Articles commonly used in the construction, maintenance, a
rehabilitation of all structures. I
C. Bulk Refuse.- Including, but not limited to carpet/linoleum - rolls not to exceed 6
feet, mattresses/box springs, bicycles, barbecue grills, furniture, plumbing
fixtures, large toys, swing sets (five-foot lengths) and lawn care equipment, snow
blowers, microwaves, etc.
Cart Collection — The Village's designated receptacle designed for
automated collection of household waste; 35 gallon cart, 65 gallon cart
and/or 95 gallon cart. The quantity, make and model size of said
containers shall be as specified by the Village Manager. The color, style
and design of the carts will be subject to the Village's approval.
At the conclusion of the ten (1 0) year Contract, the carts distributed tif
residents as part of this Contract shall become the Village's property
including the remaining warranty. Any maintenance or replacement shall
remain the Contractor's responsibility until the expiration of th(-!
Agreement.
2 Tightly covered metal or other non -corrosive material, water tight, not
exceeding thirty-two (32) gallons nor a total weight, when filled, of fifty (50)
pounds. Every such container shall have secure handles for convenient
lifting and carrying. Container is not approved for refuse waste and shall
only be used for yard waste material.
3. A disposable refuse bag or liner not to exceed 33 gallons and not less
than gauge .0015 for plastic, or two-ply, fifty (50) pound weight strength
kraft paper, and shall not exceed a total weight of fifty (50) pounds when
filled. A plastic bag or liner is not an approved container for yard material
and shall not be used for yard material disposal.
4. The Village's designated receptacle designed for automated collection o?
recyclable materials; 35 gallon cart, 65 gallon cart or 95 gallon cart. The
quantity, make and model size of said containers shall be as specified by
11
the • Manager. The color, style and design of the carts will •
subject to the Village's approval.
At the conclusion • the ten (10) year • the carts distributed t4
residents as part of this Contract shall become the Village's property
including the remaining warranty. Any maintenance or replacement shall
remain the Contractor's responsibility until the expiration •
•
5. A receptacle, one (1) cubic yard or larger, furnished by the Contractor for
multifamily units where curbside service • each family is not provided.
E. Contract Documents: This document and any addenda or changes to the
foregoing documents agreed to by the Village and the Contractor.
G. Curbside Service: In areas with conventional curbs, "curbside" shall refer to
placement • solid waste behind the curb. In areas • conventional curbs,
"curbside" shall refer to placement of solid waste in the parkway, a reasonable
distance (i.e., not closer than two (2) feet, nor farther than five (5) feet from the
♦.
Disposable Container: Any bag, box or other container of sufficient strength and
durability to with stand handling until its contents are placed into the Contractor's
collection vehicle. Containers and contents shall • exceed fifty- (50) pounds.
Containers/bags for .''• material shall comply with Article X, Paragraph 2 •f
these specifications.
J. Disposal Site: Glenview Transfer Station (GTS), 3 Providence Drive, Glenview, IL
60025, sanitary landfills, composting sites, and processing centers licensed,
permitted or approved by all governmental bodies and agencies having
jurisdiction and requiring such licenses, permits, or approvals to receive solid
waste
• processing • final disposal.
K. Hazardous Waste: Waste, in any amount, which is defined, characterized, or
designated as hazardous by the United States Environmental Protection Agency
or appropriate state agency by, or pursuant to federal or state law; or waste in
any amount, which is regulated under federal or state law. For purposes of this
Contract, the term "Hazardous Waste" shall also include motor oil, gasoline, and
oil-based ♦.
L. Non-SWANCC Waste: Yard Material discarded by single family dwellings,
multifamily dwelling units or yard material generated by municipal, commercial or
industrial operations; residential white goods, residential and municipal
recyclable materials and any other materials designated by the Village •
collection, provided that such materials are not SWANCC Waste. Private
12
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M. Prepaid Sticker: A label, attached to refuse, construction, demolition/remodelJ
debris, and/or -yard materials which serves to identify that the fee associated wi
the collection and disposal of said items have been prepaid. The sticker shall
capable of being securely adhered to approved bags, containers or bundl
limbs. I
N. Private Service: In addition to the Village services provided by the Contractor on
behalf of the Village, the Contractor shall also make available to the residents of
the Village private service for all types of waste not otherwise covered by this
Waste Contract including, but not limited to, earth, sod, rocks, concrete, rubble
and waste from remodeling, construction and demoon of buildings, excavations
and other materials; provided however, that the Contractor shall not be required
to provide for the collection and disposal of poisonous or toxic materials and
large quantities of liquid requiring tank truck disposal equipment.
0. Processing Center: Location to be maintained by the Contractor for the purpoll
of sorting and preparing recyclable materials (as defined herein) for sale. 0
P.. Project Use Agreement: The 1992 Project Use Agreement by and between t
Village of Mount Prospect and the Solid Waste Agency as amended from time
timeP
. Under the roject Use Agreement dated March 17, 1992 between t
Village and SWANCC, the Village is required to take responsibility for SWANCI
Waste. SWANCC Waste is to be delivered to a SWANCC Facility.
Q. Public Awareness Programs: Program developed and provided by the Contractor
to inform residents of the solid waste collection services and to encourage use of
such services.
R. Recyclable Materials: Aluminum cans and food containers, tin/steel/bimetal cans,
including aerosol cans; newspapers; clear and colored glass bottles/containers.
all HDPE and PETE plastic containers; corrugated cardboard; telephone books;
mixed paper; magazines; chipboard; telephone books; milk cartons and drink
boxes, MCIDBS; and other items the Village and Contractor agree to recycle in
the future.
S. Refuse: All garbage, ashes, manure, and dead animals or parts thereof,
household litter, junk scraps, and small auto parts, providing all such materials
are of a size sufficiently small to permit being placed in a suitable container or
bag and not left in piles on the ground; up to one (1) cubic yard of tree limbs,
(exceeding four inches (4") in diameter), roots, and tree trunks, provided such
items do not weigh over fifty (50) pounds each, Christmas trees that are not
composted or acceptable for compost; up to one (1) cubic yard of building
materials from home remodeling and repairs, provided such items are put into
disposable containers or in tied bundles not exceeding five (5) feet in length and
not weighing over fifty (50) pounds per container or bundle; small amounts of
brick, sod, earth, concrete, and rocks, provided such items are put into
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disposable containers not weighing over fifty (50) pounds per container. Yauq,
materials and recyclable materials are not "refuse".
T.. Residential Service: Collection and disposal of refuse, yard materials, al
recyclable materials from residential units (single family and muitifamilly),
I III
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V. yWaste: Residential refuse and general household waste, bulk items,
and/orVillage and Village buildings waste, small amounts of construction,
demolition/remodeling debris discarded by individuals occupying single family
and multifamily dwelling units as well as waste generated from Village buildings
in conjunction with municipalcorporate of
the Village. The Village reserves • amend the definitions • ` SWANCC
Waste during the terms of the Solid Waste Contract.
X. Special Collection- Collection of items, either included or not included in the
"Refuse" or "Bulk Refuse" definitions above. A special fee shall be charged by
the Contractor for services above and beyond the regular monthly rate and billed
directly to the owner,
designatedTTitle to Waste: The Contractor shall, as the agent for the Village, transfer all
SWANCC Waste to the Glenview Transfer Stations (WTTS) or such other
SWANCC or Non-SWANCC facility by ii •i
shall • transfer, as agentfor . !e, all non-SWANCC Waste to a facility
or facilities mutually agreed upon by the Village and the Contractor. Legal title to
SWANCC Waste shall remain with the Villagesuch waste is until accepted for
delivery at the designated site. All Non-SWANCC Waste collected in accordance
with the terms of the Contract shall,• property of the Contractor
soon as it is picked up or otherwise* • in the Contractor's
Z. Unacceptable Waste- Hazardous waste, non -hazardous special waste, friable
asbestos•waste,•acid-batteries,
industrial/commercial• hospitals,nursing
and
retirement homes.
BB. Village Manager: The Manager of the Village of Mount Prospect, or his
designated re
C C. White Goods: All discarded refrigerators, ranges, water heaters, washers, dryera,
freezers, air conditioners, humidifiers, dehumidifiers and other similar domesti*
• commercial large appliances..
IIE
'1110. Yard Material- Grass clippings, garden clippings, leaves, Christmas trees, and
tree branches/brush four inches (4") or less in diameter. Tree branches and
brush not placed in an approved container shall be bound only with
biodegradable string or twine in bundles not more than five (5) feet in length, twil
(2) feet in diameter, and weighing not more than fifty (50) pounds and
manageable by one (1) person.
The Contractor shall provide complete service for the collection and disposal of solid
waste (as hereinafter defined) from any and all residential units, including multifamily
dwelling units and from all Village owned or leased buildings (including the railroad
passenger station) located within the corporate limits of the Village of Mount Prospect
and from all street side containers for public use located on public areas and
Kensington Business Center, The Contractor shall have the sole and exclusive
franchise, license and privilege to provide solid waste collection and disposal services
from all residential units withiin the corporate limits of the Village (single-family and
multifamily).
The Contractor shall pay all sales, use, property, income and other taxes that are
lawfully assessed against the Village or the Contractor in connection with t e
Contractor's facilities and the work included in this Contract. By law, the Village is
exempt from paying Federal Excise Tax, State and. Local Retailers' Occupation Tax,
State and Local Service Occupation Tax, Use Tax and Services Use Tax. The Village's
tax -exempt -number shall be furnished -upon request of the Contractor.,
The Contractor shall secure and pay for, at its own expense, all necessary permits,
licenses and certificates of authority required to complete the work, and shall comply
with all requirements of such permits, licenses and certificates of authority to operate in
the Village including inspections, The Contractor shall keep and maintain all such
licenses, permits and certificates of authority in full force and effect throughout the term
of this Contract,
Solid waste collections and disposal from commercial and industrial establishments
within the Village are not included within this Contract. The Contractor may, at ft
option, contract separately with businesses, institutions and agencies for
collection service outside the scope of this Contract, subject to all Village codes
and ordinances governing private refuse collectors generally, and providing that
such operations shall not interfere with the satisfactory carrying out of the work
under this contract. Any Contracts between the Contractor and businesses,
institutions and agencies shall covenant that said contract shall not interfere with
the terms and conditions set forth under this Contract.
F-MOV44111AIM711 I 11®RWITLOV0
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of this Solid Waste Contract, and on behalf of the Village, the Contractor must colledf
and transport all SWANCC waste to the Glenview Transfer Station (GTS) or such other
"SWANCC or non-SWANCC facility designated by the Village, and collect, transport and
dispose of (or sell) Non-SWANCC Waste at a facility or facilities mutually agreed upon
by t Contractor, Such SWANCCbe commingled with
otherany
Under the terms of the Project Use Agreement the Village has committed all SWANCC
waste to the Glenview Transfer Station effective August 1, 1994. The Village"s
estimated ' • of " , . tonnage '.e ,4" 0 00 This figurea• ' adjusted `
A. The a' •minimumyearsprior experience
rendering exclusive residential solid waste collection and disposal service,
pursuant to a contract in a municipality with a minimum population of
requiring once -a -week ser=e.
ContractorB. The + for •"Contract
permitted sanitary landfill site or incinerator, compost facility, processing center,
or le for the disposal and/or processing ♦ • • waste
collected under the terms of •'
ContractorC. The i to satisfy the
requirements placed upon him underof this Contract.
=• • i.... •;
1'. The Contractor shall furnish complete equipment, labor, materials and
supplies,
otherwiseexcept as
t/. Collection shall be made from every residential unit within the Village of
Mount Prospect, During the period of this Contract, the Contractor shall
be the only solid waste d�isposal firm licensed by the Village of Mount
Prospect to provide residential service for single family and multifamily
lip
3. Residential waste from single family units and multifamily units shall be
collected and transported separately a minimum of two weeks per year;
the first full week of February and the first full week of July. During this
period vehicles registered with SWANCC for use at the GTS shall be
identified for either single or multifamily; separate tonnage reports shall r-
!,.
egetd during these designated periods.
The Contractor shall conduct separated counts of the following materials
collected and disposed of from single- family homes, two times per year.
Contractor shall count brush bundles and containerized yard mater�al.
The first full week of February and the first full week of July the Contractor
shall count the number of refuse bags/containers and a separate count of
bulk items set out for collection. All counts shall be submitted to the
Village Manager in written form within thirty days of the completed count.
The Village reserves the right to have the Contractor perform additional
counts on a periodic basis.
4. The starting time for the collection services described herein shall no)
commence earlier than 6:30 A.M. on any pickup day.
All SWANCC Waste shall be collected and disposed of at the GTS no lat@6
than 4:00 PMMonday through Friday and no later than 12:00 PM on
Saturday.
6. Except as modified during holiday weeks, refuse, recyclable materials and
yard materials shall be collected once each week on the same day of the
week, Monday through Friday.
7. The Contractor shall follow the established pickup routes within the
Village's boundaries as indicated on the collection schedule map. (Exhibit
1) The Contactor upon notice from the Village of Mount Prospect must
service areas annexed by the Village following adoption of the Contract.
The Village may consider an alternate schedule if the Contractor can
demonstrate it would improve residential services and result in a savings
to the Village. The Village reserves the right to determine acceptability of
an alternate schedule.
8. Collections normally failing on the holidays listed below (or any others so
designated by the Contractor) may be deferred until the next working day:
New Year's Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
9. Under the terms of the Contract the Contractor shall not be required to
collect any refuse from any commercial or industrial establishment, nor
from any structure which does not contain residential family units.
M
10 :. changes in refuse, recycling and yard material collectionand disposal
policies or practices by the Contractorbe submitted in writing and b
approved by fManager,1 d.ys prior r; the proposed
change.
The Contractor shall provide adequate numberfor collection
vehiclesservices. All •- registered • r fir' R
Northern ,•R iA•
R r
Regulations of the ' �f'
kept in good repair and appearance and shall be maintained in a sanitary
condition at all times. Each vehicle shall have the Contractor's name, a
vehicle identification r^ and a toll-free local phone b- of the
Contractor clearly visible on the side. Refuse and yard material collection
vehicles shall be of a compactor type. No truck shall displace or leak
fluids, oil, hydraulic fluids, _ event any vehicle not properly
operable, i oimmediately provide a substitutecomplying
outlinedwith the terms herein. A listing of vehicles to be utilized in
carrying out this Contract shall be providedto the Village Manager prior to
starting work under this Contract. Vehicles shall be capable of delivering
compacted material directly to a disposal site acceptable to the Village
Manager, The Contractor shall provide an adequate work force so as to
ensure regular collection under adverse weather conditions, regardless of
breakdowns or similar Kell'
2. The Contractor
recyclables is suitable for the materials o 1e recycled, as required in this
3. The Village reserves the right to inspect said vehicles any business day
throughout the terms of r r' to ensure that the vehicles are
maintained in satisfactory• '�I• tii and otherwise maintained pursuant
the terms • manner herein prescribed.
r_Mm
solidAll waste hauled by the Contractor shall be contained, tieor
enclosed so that leaking,spilling, or blowing of • : is prevented.
In the event of any spillage(by the Contractor)on parkway, or
alley, the Contractor shall immediately clean up the litter or fluids. If such
litter or fluids are not cleaned up after notice (verbal or written) from the
Village, the Village may clean • same, and the Village•' bill
the cost to clean up any spillage or displacement to the Contractor for
services rendered by the Village.
2. The Contractor shall establish, and maintain an office through which
he/she can ♦ ' readily contacted to receive service requestsor i4
The Contractor shall be equipped with sufficient tol�l-free telephone lines
and knowledgeable staff at the disposal of Village residents. The
W
.................... ........ ..
.......... - - -----
kaontractor shall have a responsible person in charge, and shall be opea
*etween 8:00 P.M. and 5:00 P.M. Monday through Friday,
3. The Contractor shall assign a qualified person(s) to be in charge of his/her
operations in the Village and shall give the name(s) and phone number(s)
to the Village Manager, This individ�ual shall make contact at the Public
Works Department not less than once a day. Information regarding the
experience of the individual(s) shall also be furnished. A telephone
number by which the Contractor may be reached after regular hours shall
also be provided to the Village Manager.
4. The Contractor's drivers and crew members shall be attired at all times in
a neat, professional like manner. The Village has the right to require or
define what shall be considered suitable work clothes for collection
employees.
All employees shall carry Ufficial identification and shall present it upon
request.
5. Each employee driving a vehicle shall, at all times, carry a valid Illinois
operator's license for the class of vehicle being driven. Vehicle operators
shall obey all traffic regulations including weight and speed limits.
6. In case of a missed solid waste pickup that is the fault of the Contractor
and is reported to the Contractor by the Village or a resident, the
Contractor shall collect the missed items from such residence within
twenty-four (24) hours of notification. The Contractor shall log such calls,
and provide a log to the Village Manager by the 15th day of the following
month.
In the event of valid complaints or other dents including, but not limite(#,�
to breakage of glass during collection of recyclables, and/or yard materiai
dropped during collection, and the like that are not cleaned up by th(;
collection crew, the Contractor shall promptly arrange for cleanup within
24 hours after a complaint or notification is received.
11
#
7. If the resident fails to properly prepare his/her solid waste for collection the
Contractor shall tag the material. The tag shall indicate why the material
was not picked up. A separate list of addresses with solid waste not
collected due to noncompliance of collection requirements must be
recorded and submitted to the Public Works Department no later than
10:00 AM the day following scheduled collection.
In the event the Contractor is unable to render scheduled residentiai
service to any customer due to the inaccessibility of the customers solid
waste, the Contractor will maintain a record of the address and time of the
19
9. In the event a street is closed due to construction work, the Contractor
• to • refuse, yard materials, and recyclable materials in
accordance with the regular schedule and in accordance with a method of
collection approved by the Village Manager. The method of collection
shall be a method offering minimal inconvenience to residents along the
street.
10. In the interest • maintaining the best possible service under th(z
provisions • the Contract, the Contractor shall hold monthly meetings with
his employees in order to • and correct service •-
reported by residents or the Village Manager. The Village Manager shall
♦- • twenty-four (24) hours notification • the time and • • each
of these meetings and may assign staff to attend such meetings.
11. The Contractor shall •- responsible for any yard damage arising • •:
his/her obligations, and shall make such restoration as • as possible.
D. Disposal of Solid Waste
1 The Contractor shall transfer all SWANCC waste to the GTS or such other
SWANCC or Non-SWANCC facility designated by the Village. The
Contractor shall also transfer all Non-SWANCC waste to a facility or
facilities mutually agreed upon by the Village and the Contractor.
k7r. &A (ZA [�W_ DOI;] 41 (ZIO 0 to] 1110 N I VLA WAFZ1941D-XO lzl-j�o I it-, I (q$
All Non-SWANCC waste collected in accordance with the terms of this
Contract shall become the property of the Contractor as soon as it is
picked up or otherwise placed in the Contractors vehicle.
Nothing in these paragraphs concerning titles to solid waste shall be
construed to prevent the Village from obtaining or collecting any fees or
proceeds owed to the Village under this Contract, nor shall it prevent the
Village from initiating or maintaining any rights or actions reserved herein,
regardless of titles or ownership of wastes.
The Contractor shall, on the day of collection, transport all solid waste
collected hereunder and shall dispose • and •-•• the same at the GTS
or other transfer station approved by the Village. A state permitted
sanitary landfill or incinerator, compost facility or processing center.
The Village shall be allowed to dispose of materials at the landfill, compos')
site
• approved transfer site used • owned • the Contractor at the sarnz.
rate as the Contractor.
K11
..........:....ilii. . ............................ .................... //,...,E . . . .... ...... .............................. . . .....iiiiii.
. . ............
The Contractor shall provide the Village Manager with a monthly data
analysis of solid wastes collected, i.e., tonnage, including partial loads of
refuse collected and disposed of (separate tonnage for single and
multifamily collections) at the GTS, tonnage of yard material collected and
disposed of at a compost site, poundage of the various recyclables
collected, revenues received, markets and the subsequent diversion rate.
The report should include name(s) of the compost and material processing
facilities where materials are being disposed of or processed. The
analysis shall be received by the Village Manager on or before the
seventh (7th) day of the following month.
k". The Village Manager shall have the right to require the Contractor te
occasionally weigh his/her trucks prior to dumping the material collected
and to supply such weight information to the Village,
3. The Contractor shall maintain his/her 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 ledgers, books of account,
invoices, vouchers, and canceled checks as well as all other records or
documents evidencing or relating to charges for services, expenditures
or disbursements for a minimum period of three (3) years, or for any
longer period required by law, from the date of termination or
completion of said Contract.
b) The Contractor shall maintain all documents and records, which
demonstrate performance under this Contract for a minimum period of
three (3) years, or for any longer period required by law, from the date
of termination or completion of this Contract.
c) Any records or documents 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 Village
representative. The records shall be available to Village
representatives at the Contractor's address indicated for receipt of
notices in this Contract.
Public Awareness: Prior to May 1, 2017, January 1, 2018, January 1, 201
January 1, 2020, January 1, 2021, January 1, 2022, January 1, 2023, January
2024, January 1, 2025, January 1, 2026, January 1, 2027 or any time there
significant change in residential solid waste services, the Contractor shall
responsible for costs to prepare and distribute informational brochures to
residential units informing residents about rate increases (if appropriate), rout&
and collection dates, items collected and how to prepare them, holid
collections, and other information of benefit to residents about the solid was,---
collection program. The Village shall approve the brochures before they are
�istributed.
If the Contractor fails to collect materials herein specified for a period in
excess of two (2) consecutive scheduled collection days, or fails to
operate the system in a satisfactory manner, as determined by the Village,
the Village may, but shall not be required to notify the Contractor, by
certified mail, of his/her default under the Contract, and that said Contract
shall be terminated unless the Contractor performs to the satisfaction of
the Village within five (5) days of the date the aforesaid notice was
received by the Contractor. In the event the default is not cured the
Village may terminate said Contract, and the Village's obligation and
Contractors rights hereunder shall cease and be of no further force or
effect.
In addition, the Contractor shall be subject to the terms stated above,
should SWANCC waste and non-SWANCC waste be commingled for
collection and disposal.
it. The Contractor agrees that in the event the Contractor fails to fulfill any of
the provisions stipulated in said Contract the Village may, at its option and
without waiving any of its other rights, hire such persons and equipment
and enter into such contracts as deemed necessary to perform the work
described herein. And, the Village shall have the right to charge the
Contractor such sum of money so expended. In addition, the Village shall
be entitled to reimbursements of all expenditures, including all costs,
expenses and attorney fees resulting from such failure of performance on
the part of the Contractor. The Village may deduct from the Contractor's
Letter of Credit or Performance Bond provided herein, any costs,
expenses and attorney fees incurred as the result of the Contractor's
default.
3. To prevent misunderstandings and litigation, the Village Manager or his
designated agent shall decide any and all questions which may arise
concerning the quality and acceptability of the work and services
performed, the sufficiency of the performance, the interpretation of the
Contract provisions, and the acceptable fulfillment of the Contract on the
part of the Contractor. The Village Manager will determine whether or no)
the quantity, character and quality of the work performed is satisfactory,
determination shall be final, conclusive and binding upon both the Village
and the Contractor and shall be issued in writing to the Contractor. The
Village Manager shall make such explanation as may be necessary to
complete, explain or make definite the provisions of this Contract and his
findings and conclusions, when issued in writing to the Contractor shall be
final and binding upon both the Village.
0�
whether or not the work as performed is in accordance with th,-.
requirements of said Contract.
5. The Contractor shall not be paid whenever he/she has failed to perform
the work and provide the services as required in the Contract even if such
failure is caused by events or occurrences of a nature commonly known
as "force majeure", or acts of God or labor strikes beyond the Contractors
control.
6. The Village may seek and recover from the Contractor any unpaid
amounts due the Village, all its substantiated costs for the failure of the
Contractor to perform any obligation under this Solid Waste Contract and
all damages, whether based upon contract, work stoppage, strike,
Contractor negligence (including tort), warranty, delay or otherwise, arising
out of the performance or non-performance by the Contractor of its
obligations under this Solid Waste Contract, and whether incidental,
consequential, indirect or punitive, resulting from breach.
This agreement may not be assigned by the Contractor without prior
written consent of the Village, which consent shall not be unreasonably
withheld. This Agreement shall be binding upon and shall inure to the
benefit of any successor or assign of the Village.
2. The Contractor agrees that throughout the term of the agreement it shall
maintain its corporate existence and shall not merge or consolidate with
any other entity and shall not transfer or convey all or substantially all of its
property, assets and licenses, without the prior written consent provided,
however, that the Contractor need not comply with this provision if in the
case of any merger, restructuring or consolidation, the Contractor is the
sole surviving legal entity.
As an option, the Village may require the Contractor to bill the customers,
(sing le/m ultifam ily property owner or designated agent) direct for a portion
if the solid waste collection program. The Contractor shall be required to
provide the followiqg:
2) The Contractor shall bill each household or association of
households every four months. The bill shall indicate the dates of
service, amount and due date. The form and substance of the
Contractors bill is subject to review and approval by the Village.
The Contractor shall provide a means for payment of bills in person
during normal business hours either at an established place of
business or in an approved depository within the Village of Mount
Prospect. Payments are due within thirty (30) days of billing.
KN
Customers who have not remitted required payment within forty-five
(45) days of billing shall be notified about late payment on forms
approved by the Village Manager. Customers who have not
remitted required payment within sixty (60) days of billing shall be
notified on forms approved by the Village Manager that service may
be discontinued. Service may be terminated fifteen (15) days from
the date of the final notice, if payment is not made at that time,
provided that the Village Manager is notified at least fifteen (15)
days prior to the last day of collection. Late payment charges shall
be equal to 20% of the unpaid portion of the bill.
c) The Village dianager shall be charged with the responsibility to
arbitrate all service and rate disputes between the Contractor and
the customers. The Village Managers decision concerning such
disputes shall be binding upon all parties concerned.
d) The Contractor shall establish a system for crediting customers
who make arrangements for temporary discontinuation of service
for one month or more.
e) The Contractor shall, on a monthly basis, deposit all proceeds
received for tipping, administration and leaf removal into a special
non -commingled trust account for the benefit of the Village. This
account must not contain funds of the Contractor and only the
Village shall be authorized to withdraw funds from said account,
which will be made monthly. The Village reserves the right to audit
this account at any time. Each month, the Contractor shall provide
the Village with an accounting of all households billed, the amount
of each bill and the amount collected by the Contractor from each
household.
The Village shall cooperate and assist the Contractor in the
collection of funds owed for services performed, but all costs
associated with the collection of said funds shall be the Contractor's
sole responsibility.
ARTICLE V! —MEFU,$..E-C"U"LLEC-irl"U""lY' AND DISPOSAL
All SWANCC refuse is to be transported and deposited at the Glenview Transfer Station
(GTS) or other designated SWANCC facility.
MI
The Contractor shall furnish a regularly scheduled, once weekly, refuse
collection service for each single family unit in the Vill.•-
o o
geontractor shall not increase this frequency for single family units
without Village approval). Multifamily units will be serviced based on
the size of containers and frequency of service as outlined on the
multifamily container inventory/schedule sheet. (The Contractor shall
not increase the number of containers or frequency of service for
multifamily units without Village approval).
The Contractor shall provide refuse collection to all Village -owned
leased facilities, including furnishing of adequately approv
containers for all Village buildings and operations. Should addition]
I
containers or pickups be required by the Village such containers a
pickups of refuse from those containers shall be provided by t
Contractor during the term of this Contract. Also, from time to ti
refuse containers or roll -off containers shall be provided by t
Contractor for Village projects at various work sites.
2. Pickups shall be at the curbside of the residence or residential unit to
be served or at the dedicated alley behind same (as the case may be),
or in the case of multifamily units or municipal buildings, pickups may
be in the designated "garbage area" located on the premises, provided
that such designation meets the prior approval of the owner,
Contractor and Village.
3. Containers: The Contractor shall provide, deliver and replace as
needed a 35 gallon, 65 gallon, or 95 -gallon wheeled refuse cart tit
every residential unit with cuirbside service at no charge to the Village
or residents. The quantity, make and model size of said containers
shall be as specified by the Village Manager.,
Residents shall have the option of substituting a 35,65 or 95 gallon cart
for no additional cost to the Village or residents. The Contractor shall
also make larger and/or additional carts available to residents upon
request at no additional cost.
4. Container Sr)ecifications: The wheeled carts for this specification shall
be designed to contain solid waste containing garbage, refuse,
rubbish, yard clipplings and recyclables. The wheeled carts must be
serviceable by both semi -automated and fully automated collection
systems. Each cart will have a separate serial number for
identification purposes.
The Contractor shall supply the Village complete technical data,
including pictures and construction specifications on the particular
container being proposed for use in this Contract, The Contractor
must provide a list of municipal references that have used the exact
RR
same make and model proposed for use in this Contract that the
Village may contact regarding container quality'. The container being
proposed must have been in regular service for a minimum of five (5)
years and have been used in regular residential service in at least five
(5) communities that required 15,000 or more carts. The Village
reserves the right to request, at no additional charge, a sample and
demonstration of the container proposed for use in this contract. The
color, style, labeling and design of the carts will be subject to the
Village's approval.,
At the conclusion of the ten (10) year Contract, the carts distributed to
residents as part of this Contract shall become the Village's property
including any remaining warranty. Any maintenance or replacement
shall remain the Contractor's responsibility until the expiration of the
C*ttract.
5. Distribution- The Contractor will be responsible for providing and
distributing all wheeled carts included as part of this Contract. Carts
shall be delivered�, fully assembled, to the households and/or
properties covered under this Contract, The Contractor shall be
responsible for recording the serial numbers of each cart as they are
delivered to each household, or other designated municipal facility.
6. Collection. All garbage and refuse herein defined that is designated for
collection and disposal must be placed in the provided cart. Residents
will be allowed to place unlimited amounts of disposal units in addition
to the wheeled cart at the curb for collection and disposal without
incurring any additional charges. If the Village decides to implement a
refuse prepaid sticker program for additional items outside the wheeled
cart the Contractor will pick up only those items with the prepaid sticker
attached.
Residents habitually placing refuse at the curb in addition to the c
will be required to use an additional cart. The Contractor will rep
habitual residents to the Village at which time the Village will make t
determination as to whether an additional cart is necessary. T
Contractor will provide and deliver the cart to the resident at
additional charge. I
T. Damaaed Carts: The Contractor will replace all inoperative carts due
to normal wear and use at no charge to the resident or Village during
the term of this contract.,
T. The Contractor shall furnish bulk pickup service as a part of the regular
pickup service to collect and dispose of all discarded material and
trash which are too large or bulky to handle by packer -type equipment.
The cost for this service shall be included in the basic, monthly, single
family fee and the multifamily per container fees. Said items shall be
placed at the curb or along side refuse containers by the resident on
26
his/her regular pickup day for collection. Specific items under the
larger categories are determined at the sole discretion of the Villa
and therefore, may be revised. I
Bulk pickup service includes the following, but not limited to t
following-,
Carpettlinoleum (rolled) (6' lengths) Furniture
Mattresses/box springs Plumbing Fixtures
Bicycles Large Toys
Barbecue Grills Swinglengths)
Lawn Care Equipment Snow Blowers
Microwave Ovens Water Softeners
9. If the Village implements a refuse prepaid sticker program for refuse in
excess of the wheeled cart capacity the Contractor shall make two (2)
special (spring and fall) "cleanup week" refuse collections. During this
period residents will be allowed to place an unlimited amount of refuse
at the curb on their pickup day. However, all items placed at the curb
for pickup must be prepared according to normal specifications and
certain items such as construction debris and large tree limbs in
excess of four inches (4") will be limited to one (1) cubic yard of
material each. YARD MATERIAL IS NOT INCLUDED AND MUST
HAVE A STICKER TO BE COLLECTED.
10. The Contractor shall also provide free refuse collection to all street side
refuse containers provided by the Village and located throughout the
Village, i.e., commuter stations, bus shelters, commuter parking lots,
public right-of-ways and Kensington Business Center. (Exhibit 6)
Collection shall be at least weekly, except during the months of April
through November, when pickup of these containers shall be made at
least three times a week. The Village may require additional
collections of containers that need more frequent service. The Village
may also require the Contractor to service new containers as they are
added in the future.
The following special events shall require additional pickup of the
containers by the Contractor: Winter, IrishFest, Memorial Day and Ju
J,th Parades, Downtown Block Party and Oktoberfest. There shall
no charge for this service. I
11. The Contractor shall pick up, at no additional charge move in and
move out debris placed at the curb.
12. The Contractor shall be responsible for collecting all refuse items
normally collected in the event of flooding or other man made or
natural disasters, regardless of the amount of such material that is
generated, however, all items placed at the curb for pickup must be
prepared according to normal specifications. Collection times may be
M
Mr-11-AM-1114141VA.•• • 112, lazigli I oil 11;111501 =F1 0IM111W111010111NO]
I All materials to be collected in the regular weekly service
shall be placed in the Village designated cart except for such
items that are too bulky to fit in said containers. Items too
large to be placed inside containers may be set next to the
containers for collection.
2) Where fully enclosed metal containers one (1) cubic yard or
larger in capacity are required (multifamily units), or where
Village ordinances require, such containers one (1) cubic
yard or larger in capacity, they shall be provided by the
Contractor. All containers shall have plastic lids and meet
federal and state safety standards. In addition, all containers
shall be visibly identified as refuse/garbage containers in
both English and Spanish. The Contractor will also service
those multifamily properties that own their own refuse
containers.
3) Street side refuse containers for public use in public areas
within the Village shall be supplied by the Village, and may
be open and of wire mesh or closed and of metal or wood,
and shall be of such capacity as the Village may require, up
to but not exceeding thirty- two (32) gallons.
1) Containers one (1) cubic yard or larger in capacity used for
providing service to multifamily dwellings shall be cleaned by
the Contractor one (1) time annually. Cleaning shall occur
each year between June 1 and August 15. Said cleaning
shall be at the Contractors expense and be performed at the
Contractor's location, not at the premises of the resident.
YAMM RE
UT I e G1510mer 3 -1 e 1reGUY-UY-AUn1r_—L;1,
tWe Contractor.
All such containers shall be exchanged at least once
annually by the Contractor with similar steam -cleaned,
sanitary containers without additional charge. The date of
cleaning must be marked with large numbers on the front of
the container. The Contractor shall provide any such
additional exchange containers as necessary at reasonable
RU
rates, based on time and material studies and reviewed
periodically as requested by the Village.
E3M3M=j
1) The Contractor shall repair or replace, at his/her expense,
containers damaged as a result of his/her handling thereof;
reasonable wear and tear accepted. The Contractor shall
place containers upright on the parkway and replace the lids
or covers on containers immediately after emptying.
1 Each single family "stop" may have an unlimited number of
refuse containers of the size and weight as specified herein.
Additional items as described in Article I -C are permitted and
may not be required to be in containers.
The inventory (size, number and frequency of service of
containers) for all multifamily, properties is determined by the
Village. At no time shall the Contractor alter this inventory
without Village authorization. The current inventory is
attached. (Exhibit 2)
The Village shall pay the Contractor for providing the once -a -we
unlimited curbside service herein above described, calculated at a
per month for each and every occupied single family dwelling u
J1
located in single family buildings. This fee shall be all inclusive of a
I
2nd all charges, taxes, and fees for collection and transportation
refuse to the designated SWANCC facility.. Said cost does not includ-
?ny tipping fees. M
2. Compensation for any items that exceed the construction debris limit of
one cubic yard and are not approved as a bulk item will be paid for at a
per cubic yard unit cost ( Exhibit 3). The fee will include collection and
transportation to the designated SWANCC site; no tipping or recycling
fees are to be included.
a. During the term of the Contract the Contractor shall be responsible
for purchase, printing, and inventory control of prepaid yard
material stickers. Stickers printed by the Contractor will be to the
Village's specifications- i.e. color, design, sequential numbering
system. Verbiage wili also include the selling price and be in
sheets rather than rolls.
b. Stickers will be purchased exclusively by the Village from ft;
Contractor on an as needed basis. TheVillage will pay th(f-
W
0-11
• all ItzleArIZIj a I ARN ellel 024 M
C. The Village shall be responsible for sticker sales to Village
residents either directly or through an authorized retailer. The
selling price of the stickers shall be set by the Village, and all
• received from sticker sales shall be retained • the Village.
d. The Contractor shall have the option of accounting for stickers at its
discretion. Stickers may be left affixed to proper items during thi;
disposal process, or may have removable portions for the purposes
of accounting, and may use serial numbering. Stickers musi
adhere to container surfaces in all weather conditions. At leas')
some portion of each sticker must have some form of thell"I
deterrent, for example, being backed with pressure sensitive
adhesive and slits (i.e., unauthorized removal will cause the
destruction of the sticker).
e. The Village and the Contractor agree to jointly establish reasonable
administrative regulations as to the interpretation of theft and
resolution of collection should a sticker show • • unauthorized
removal from a
• for reuse; • conversely a proper
container lacking a sticker shows signs of having had a valid sticker
affixed.
At different times throughout the term of the contract the Village
may choose to raise the selling price of the stickers to the
residents. The Village will notify the Contractor of the proposed
effective date and it will be the Contractor's responsibility to have
the new stickers printed and available for distribution a minimum of
seven (7) days prior to the effective date. The contractor will
continue to honor the old colored sticker for the period established
by the Village. At the expiration of such period, the contractor will
be required to leave and tag any refuse or yard material that does
not have the new colored sticker affixed.
3. Charges for services to multifamily properties will be based on the
container inventory as set forth. The Contractor will receive payment
according to the Fee Schedule (Exhibit 4) based on cost per container
(different sizes), per weekly service required per month. (Special
collections arranged by the multifamily property shall be billed directly
to the •i••- • the Contractor.) The Village is responsible • billing
all multifamily properties unless the Contract's Direct Billing option is
implemented. If the Direct Billing option is implemented the Contractor
will
•- responsible for billing all multifamily properties.
KX
. .. . ............ __ . . ............... ........... __ . ... ......
1.. The Contractor shall be prepared to offer back door service for refuse,
recyclables and yard material collection through direct billing with
residents desirous of receg backdoor service. The Contractor shall
receive an additional monthly payment as outlined on the Fee
Schedule (Exhibit 3).
2. The Contractor shall furnish a special White Goods (appliances)
collection and disposal service. The charge for this service will be at a
per item rate, billed directly to the customer at the rate indicated on the
Fee Schedule (Exhibit 3).
3. At the request of a residential owner or resident the Contractor shall
provide special collection and disposal service to the residents for all
types of refuse material without limitation including earth, sod, rocks
concrete, rubble, and refuse from remodeling, construction and
demolition of buildings, excavations and other materials, except for
poisonous and toxic materials and large quantities of liquid requiring
tank truck disposal equipment. The Contractor agrees to keep
available for this service tractor loaders, trailers and other equipment
as may be necessary for providing this service. The Contractor shall
on request furnish a resident with an estimate for the cost of removal of
any materials pursuant to this private disposal service prior to
undertaking such service. The rates based on a per cubic yard fee
shall be at the rate indicated in the fee Schedule (Exhibit 3) along with
any minimum charge. These charges will include collection,
transportation and disposal fees at a permitted landfill, transfer site or
incinerator of the Contractors choice. This is not classified as
SWANCC waste and will not be paid for by the Village. All charges
are to be billed directly to the customer.,
E. Amount Due Contractor- The Contractor shall submit one invoice per mon
n
including all solid waste and/or reusable household collection and d�spoj
s
charges, to the Village on the last day of each month and shall be paid by t
Village not later than the twenty-fifth (25th) day of the following month. Howev
if the Contractor receives payment from the Village not later than the twentie
(20th) day of the said following month the Contractor shall allow a discount
such invoiced amount as indicated on the Fee Schedule (Exhibit 3).
F. Adiustment of Base Compensation Ur)on,Change in Residential Units: The
compensation to the Contractor shall be adjusted quarterly on the basis of
increase or decrease in the numbers of dwelling units in the Village during the
preceding month.
G. Direct Billing Option: As an option, the Contractor has supplied costs for
assuming billings to customers. At the Village's option the Contractor shall be
solely responsible, and at the Contractor's sole and exclusive expense, for
resident billing and fee collection. Said billing shall be at the frequency outlined
in Article VI, Paragraph L. Fees associated with this option are at the rate
indicated in the Fee Schedule (Exhibit 3).
31
The Contractor will keep his portion of the fees collected as outlined in the Fee
Schedule (Exhibit 3) and the remaining funds will be deposited in the special trust
account as outlined in Article Vl, Paragraph L.
ARTICLE VII YARD MATERIAL COLLECTION AND DISPOSAL
A. Basic Service
1. Residents participating in the Village's yard material collection and
disposal program may pay-by-bag/container (sticker) or participate in an
annual subscription service. Yard materials shall be collected from the
curb on a weekly basis, same day as refuse collection, from April 1St
through December 15th each year.
2. Containers for the pay -per -bag (sticker) system shall be thirty (30) gallon,
two (2) ply, fifty (50) pound wet strength per ply kraft paper bags, or
standard thirty-two (32) gallon garbage cans. No plastic bags or boxes of
any kind shall be allowed.
3. One (1) prepaid sticker shall be applied to each thirty (30) gallon kraft bag,
each thirty-two (32) gallon container.
4. The Village shall obtain and sell "prepaid stickers" to residents and
proceeds from the sale of these stickers shall be used to reimburse the
Contractor for the cost of yard material collection and disposal. Prepaid
stickers shall be sold to residents through local merchants and by the
Village. The price to residents for these stickers shall be based on the
Contractors per bag/container fee for collection and disposal as outlined in
the fee schedule (Exhibit 3), plus any administrative costs (set by the
Village).
5. For residents who wish to subscribe for yard material collection and
disposal services on a monthly (annual) basis, as outlined in the Fee
Schedule (Exhibit 3). The Contractor shall make 95 gallon wheeled carts
available on a rental basis for subscribers. Residents who rent the
wheeled carts shall be responsible for the cleaning and maintenance of
the cart(s). Subscription users shall be directly billed by the Contractor.
6. The Contractor shall collect all yard materials that have been placed in
kraft paper bags, carts or containers meeting the above specifications
provided the bags or containers do not exceed a weight of fifty (50)
pounds and have proper stickers affixed to them. The Contractor shall not
be required to collect bags, carts nor containers that exceed the weight
limit, contain items other than yard material, do not have stickers or paid
through subscription service, or are unacceptable at the compost site used
by the Contractor.
32
7. The Contractor shall collect all bundles of brush or limbs providing th(f-
bundles do not exceed a weight of fifty (50) pounds per bundle, are nil
more than five (5) feet long, are no more than twenty-four (24) inches ir
diameter, do not contain limbs greater than four inches (4") in diameter,
and are tied with a biodegradable material.
2. The cost for this service shall be included in the basic, monthl"
single family fee. There will be no limit as to how many bundlesp.
resident can place at the curb as long as they are all prepar
properly.. Collection is restricted to the period April 1st throu
December 15th each year, I
8. Tree limbs and logs greater than four inches (4") in diameter are defined
as "refuse" and shall be collected by the Contractor along with refuse,
providing limbs and logs do not exceed fifty (50) pounds in weight and five
(5) feet in length. If the Village decides to implement a refuse prepaid
sticker program for additional items outside of the wheeled cart the
Contractor will pick up only those items with the prepaid sticker attached.,
The Contractor shall not be required to collect any more than one (1) cubic
yard of such limbs or logs on any refuse collection day at any one (1)
residence.
9. All yard materials collected in accordance with the terms hereof shal-
become the property of the Contractor as soon as it is picked up of
otherwise placed in the Contractor's vehicle. The Contractor shall have -a
contractual obligation to ensure that all yard material collected is properly
composted and marketed, or applied to farmland.
10. There shall be no limit to the quantity of the above mentioned yard
materials the residents may set out except as noted, and all of the yard
materials shall be picked up at one
11. If the resident fails to properly prepare the yard materials as stated above
the Contractor shall mark the material with a label describing why the
material was not picked up.
12. Clean Christmas trees shall be collected for composting by the Contractor
on the same day as refuse collection (curbside and multifamily properties)
for a full two (2) week period following Christmas day. Christmas trees set
out for collection after the two (2) week composting period and trees with
tinsel, etc. shall be collected as bulk refuse. Trees shall be free of all
ornamentation and all non-organic portions of wreaths or garlands shall be
removed. Christmas trees shall not be placed into plastic bags of any
kind. Flocked Christmas trees shall be considered refuse unless the
composting facility will accept them. The Village agrees to publicize these
requirements to the residents. The cost for the Christmas tree composting
program shall be included in the cost of the single family refuse collection
fee; basic service. All trees not acceptable for composting must be
disposed of as refuse and picked up by the Contractor on the same day..
Christmas trees may exceed five (5) feet in length.
33
13. From approximately September 1 through Thanksgiving residents rake
their leaves into the street(s) for collection by Village crews. From
September 1 until the first full week of October the leaves are removed
with a street sweeper. From approximately the first full week of October
through the last full week prior to Thanksgiving leaves are collected from
the curb of residential neighborhoods one (1) time per week. The Village
transports and deposits all collected leaves to designated transfer sites
within the Village. The Contractor is responsible for transporting the
leaves from the transfer site(s) to an approved compost facility.
Approximately 18,000 loose cubic yards of leaves are collected annually
however, this figure can vary considerably. While the service is primarily
for the removal of leaves it is inevitable that a certain amount of "other"
yard material will be mixed in with the leaves. Unless determined to be
excessive (>10%) the "mixed" yard material shall be collected and
disposed without additional charge.
14. If the Contractor does not operate a transfer station within a quarter (.25)
mile of the Village's corporate limits the Village will use a site within the
corporate limits as a transfer site for the temporary storage of Village
leaves. The site referred to as, Melas Park is located in the Village on the
north side of Central Road approximately one (1) block east of Busse
Road. As this is a park site, the Contractor must remove the leaves
deposited there by the Village on a constant basis during the fall season
with no load on site for more than three (3) days before being removed.
15. The Contractor shall be responsible for furnishing and maintaining all
equipment required at the transfer site to reload leaves into their own
vehicles. They also provide the necessary manpower to operate said
equipment and shall provide temporary signs or flagmen to protect park
patrons from accidental injury as a result of reloading the leaves.
As a result of uncontrollable variables such as volume of leaves collected
and inclement weather, it may be necessary to utilize the equipment and
labor provided by the Contractor beyond a "normal" eight (8) hour work
day as well as on Saturdays and/or Sundays during this program. There
shall be no additional charge should it be necessary to utilize labor and
equipment on Saturdays and/or Sundays or beyond a "normal" eight (8)
hour workday.
16. During the period from September I through December 1 of each year
throughout the term(s) of this Contract, the Contractor must make
available on a daily basis, either roll -off boxes or refuse truck(s) and
driver(s) with special over -sized hoppers for three (3) street sweepers to
unload into. Siting of said roll -off boxes or refuse trucks will be at the
Village's discretion and may change several times each day to minimize
travel time for the street sweepers. The bulk of the leaves will be hauled
to the transfer site by Village trucks with an approximate twelve (12) cubic
yard closed box.
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17. The Contractor shall supply the Village with yard material containers or
roll -off containers for Village generated yard materials at Public Works.
The Contractor shall be responsible for transportation and disposal of yard
materials at their compost facility and there shall be no charge for this
service.
18. The costs associated with Paragraphs 13 through 17 (loading, hauling and
disposal of leaves along with equipment use) shall be included
single family refuse collection fee; basic service.
19. Commencing the first Monday following the end of the loose leaf
collection program until December 15th, the Contractor shall collect
bagged leaves from the curb according to the Village's designated
residential collection schedule.
Containers: The Contractor shall provide, deliver and replace as needed
a 35 gallon, 65 -gallon or 95 gallon wheeled recycling cart to every
residential unit with curbside service at no charge to the Village or
residents. The quantity, make, labeling and model size of said containers
shall be as specified by the Village Manager.
Residents shall have the option of substituting a 35 gallon, 65 gallon or 95
gallon cart for no additional cost to the Village or residents. The
Contractor shall also make additional carts available to residents upon
request at no additional cost.
2. Container SDecifications: The wheeled carts for this specification shall be
designed to contain solid waste containing garbage, refuse, rubbish, yard
clippings and recyclables. The wheeled carts must be serviceable by both
semi -automated and fully automated collection systems. Each cart will
have a separate serial number for identification purposes.
Contractors shall supply with the proposal complete technical data,
including pictures and construction specifications on the particular
container being proposed for use in this Contract. Contractors must
provide a list of municipal references that have used the exact same make
and model proposed for use in this Contract that the Village may contact
regarding container quality. The container being proposed must have
been in regular service for a minimum of five (5) years and have been
W
used in regular residential service in at least five (5) communities that
required 15,000 or more carts. The • reserves the • to '-•
at no additional charge, a sample and demonstration of the container
proposed for use in this contract from any or all Contractors. The color,
Q -tyle, labeling and design of the carts will be subject to the Village's
approval.
3. Distribution: The Contractor will be responsible for providing and
distributing all wheeled carts included as part of this Contract. Carts shall
•- delivered, fully assembled, to the households and/or •i••-
covered under this Contract. The Contractor shall be responsible for
recording the serial numbers • each cart as they are delivered to each
household, or other designated •. facility.
4. Collection: All recyclables herein defined that is designated for collectior
and disposal must be placed in the provided cart.
a. Recyclable materials shall be collected once per week, on the
same day as refuse collection, during the term of the Contract.
Commingled recyclable materials shall be placed, by the resident,
curbside in the recycling carts. Recyclable materials do not need to
•- segregated within the cart. However, should the resiR-
•lastic containers #'s 5, • and 7; milk cartons and •
boxes MCDBS; magazines; junk mail; chipboard; corrugated
cardboard; telephone books; and mixed paper. The cost for
recycling is to be based on these items. Any other items the Village
and Contractor agree to recycle in the future, and any change in
fees for the additional items will be negotiated at that time.
5. The Contractor shall provide, at no cost newspaper recycling collection
bins at the commuter rail station in Mount Prospect, and shall empty bins
as needed. Bins shall be weatherproof and of attractive design and
appearance and shall be subject to the approval of the Village Manager.
6. If damage occurs to the recycling carts due to the negligence or fault of
the resident, the Contractor shall bill the resident for the repair and/or
replacement of said cart.
36
7. Carts to be used for the pickup of recyclable materials shall be made
available through the Contractor exclusively.
8. All recyclable material collected in accordance with the terms hereof shall
become, and be the property of the Contractor as soon as the same is
picked up or otherwise placed in the Contractor's vehicle. The Contractor
shall have a contractual obligation to ensure that all recyclable materials
collected are properly processed and marketed. No collected recyclable
materials shall be landfilled or nerated unless the Village Manager so
gives advance authorization to do.
9. The Contractor shall provide a monthly accounting statement to thz
Village detailing the amount of recyclable material collected, set out rates
and participation rates.
10. The Contractor shall sell the recyclable materials collected from the
residents. If changes in the market for the sale of any particular recyclable
material makes continued pickup of such recyclable material economically
unfeasible the Contractor shall consult with the Village regarding the
market changes and the feasibility of continued pickup of the affected
recyclable materials. The Village and the Contractor may re -negotiate
the terms and payments under this Contract upon such a market change.
11. There shall be no limit to the number of recycling carts that the residen)
may place at the curbside to have materials therein collected by the
Contractor, and the Contractor shall collect from all that are placed out.
12. The Contractor shall be required to implement a tagging system for
recyclables that are not collected. The tag should identify why the
recyclables were not picked up. The Contractor shall provide an example
of the tagging system to the Village for approval.
13. The Village has an ordinance in effect that prohibits the unlawful
scavenging of recyclable materials listed in these specifications to
protect the interests of the Contractor and the Village in the curbside
recycling program.
14. The Contractor shall provide weekly recycFa-ble materials collection to all
Village -owned facilities and various charitable and not-for-profit
organizations.
The cost for this service shall be included in the basic single family
recycling rate. The Village of Mount Prospect currently requires service at
the following locations:
Village Hall 50 S. Emerson Street
Public Safety Building 112 E. NW Highway
Public Works Facility, 1700 W. Central Road
Public Library 10 S. Emerson Street
Northwest Suburban Special Ed. 799 W.. Kensington Road
M
Youth Services of
Elk Grove Township
,es of
,wns
Fire Station #12
Fire Station #14
t
W
lc�v
'y ct
Administrative Offices
Garage
Rec Plex
-'01 W. Golf Road
1601 W. Golf Road
2000 E. Kensington Ro
1000 W Central Rd
Maple
4,20 Dempster
15. The Mount Prospect school districts are committed to teaching and
participating in recycling, In support of their effort the Contractor shall
provide recycling services to all schools located within the Village. The
Contractor shall pick up any recyclable material included in the Village's
residential program that is placed at specified collection locations in
suitable containers. The cost of this service shall be included in the basic
single family recycling rate and no charge shall be made for the school
stops. The Village currently has nineteen (19) schools participating in its
current recycling program. (Exhibit 5)
16. -the Contractor will receive a monthly fee as outlined in the Fee Schedule
(Exhibit 3) for once -a week curbside collection per single family unit. This
fee is all inclusive of any and all charges, taxes, and fees for the
collection, transportation, processing and sale of all recyclable items.
17The Contractor fee, as outlined in the fee schedule, is based on no 50/50
revenue split; the Contractor shall retain all revenue from the sale of
recyclables. The Contractor shall bear any and all losses associated with
the collection, transportation, processing and sale of recyclables.
18. Recyclable Material Redirection Option: The Village may, at its sole
discretion, direct the Contractor to deliver commingled recyclable material
collected under Article X1 to a facility of its choice. The Contractor shall
deliver the commingled recyclable material to the facility and shall not be
responsible for any tipping fees associated with the delivering the material
and shall not receive any revenue from the sale of the material.
If the Village directs the Contractor to deliver commingled recyclable
material to a facility (which will not occur prior to January 1, 2007) the
Village shall compensate the Contractor at a price per unit per month
based on an average of the previous twelve (12) months sale of material
revenues. This amount will then be added to the compensation due the
contractor under Article XI, A, Paragraph 16.
The Contractor can request additional compensation for transporting the
material if the facility selected by the Village is more than 10 miles from
the corporate boundaries of the Village,
If the Village elects to implement this Section, the Village shall provide
notice to the Contractor 60 days prior to the redirectioni, and the term of
ihe redirection shall be at least 12 months. The Village has the exclusive
9N
141 MIA
The Contractor shall provide specially marked carts for commingled
recyclables in multifamily complexes. Carts shall be ninety five (95) gallon
carts visibly identified as recycling containers in both English and Spanish.
The number of units and frequency of collection shall be determined by
the participation level at each complex. The current inventory is listed on
the multifamily container inventory. (Exhibit 2)
2. Recyclable materials collected shall be the same as those included in the
single family program.
3. The same specifications outlined under the single family recycling
program for collection and processing of recyclables pertain to the
multi -family program.
4. Recycling carts that contain plastic bags with acceptable recyclables shall
be accepted for collection by the Contractor.,
5. Should the multifamily property obtain and maintain a good participation
level of recycling, and there is a noticeable decrease in their refuse
volumes the Village may reduce the number of refuse containers and/or
frequency of service.
6. The Contractor will receive a month,ly fee, as outlined in the fee schedule
(Exhibit 4), which covers the cost of supplying the ninety-five (95) gallon
carts, collecting and processing for sale of all recyclables. The Fee
Schedule is based on a per cart cost at various weekly service levels.
7The Contractor will receive a fee, as outlined in the fee schedule (Exhibit
4), based on NO 50/50 split. The Contractor shall retain all revenue from
the sale of recyclables.
T. ReUclable ' Red - irectlon Option: The Village may, at its sole discretioft-,
direct the Contractor to deliver commingled recyclable material collected
under Article XI to a facility of its choice. The Contractor shall deliver the
commingled recyclable material to the facility and shall not be responsible
for any tipping fees associated with the delivering the material and shall
not receive any revenue from the sale of the material,
If the Village directs the Contractor to deliver commingled recyclable
material to a facility (which will not occur prior to January 1, 2007), the
RE
Village shall compensate the Contractor at a price per unit per month
based on an average of the previous twelve (12) months sale of material
revenues. This amount will then be added to the compensation due the
contractor under Article X1, B, Paragraph •
The Contractor can request additional compensation for transporting the
material if the facility selected by the Village is more than 10 miles from
the corporate boundaries • f
EEO
. ..... ......
. ............
............ . ........
COMMERCIAL SOLID WASTE SERVICES CONTRACT SPECIFICATIONS
11111=11I, MITI FIT
0 1117: 1110 1 11!�
117, ff, INIMIP
"Commercial Service" means the service provided by the Contractor, on behalf of
the Village of Mount Prospect, pursuant to Section ,,.1.
All I � IN 07A U�ik ZFEMP'NUMOM HIMAR11F. 11JLZJAQqJ1Z1*1E1HM� N��
"Contractor" means an [Illinois] corporation, and its
successors and assigns.
"Event of Default" has the meaning specified in Sections 9.3 and 9.4.
"Non-SWANCIC Waste" means commercial refuse. Recyclable Materials (as
described in Article VIII), and any other materials designated by the Municipality for
collection, provided that such materials are not SWANCC Waste.
"Project i
1992, between SWANCC and the Village of Mount Prospect, as amended from time to
time.
"Recyclable Materials" means (a) fiber products, including, but not limited to,
newspaper, computer paper, white ledger paper (bond, typing, copier and index cards),
colored paper (bond, typing, copier and index cards), envelopes, plain paper facsimile
paper, glossy paper (magazines, brochures and similar items), manila and bleached file
folders, junk mail, NCR forms, telephone and MLS books, old corrugated items,
overseas cardboard, post -it notes and chipboard (b) containers, including, but not
limited to, glass bottles and jars (clear, green and brown), food and drink cans
(aluminum, steel and bi-metal), juice and milk boxes and cartons, aerosol cans,
aluminum foil and formed aluminum ie1 ans ang DaW Wo
`"SWANCC Waste" shal have the meaning ascribed to it in the Village of Mount
Prospect Ordinance No.4409.
73HS=F
a
ARTICLE 11
SCOPE OF SERVICES
Section 2.1. Commercial Services. The Contractor shall provide, on behalf of
the Village of Mount Prospect, complete service for designated collection, transportation
and disposal (or sale) of Non-SWANCC Waste at the facility or facilities mutually agreed
upon by the Village of Mount Prospect and the Contractor. The Contractor shall be the
sole and exclusive agent of the Village of Mount Prospect to provide the above -
referenced Commercial Services.
Section 2.2. Private Services. The Contractor shall, on its own behalf (and not
on behalf of the Village of Mount Prospect, provide for the collection, transportation and
disposal of all Private Service solid waste [at a facility or facilities mutually agreed upon
by the Village of Mount Prospect and the Contractor and in accordance with the
provisions of Section 3.2. (Exhibit A)
Section 2.4. Excluded Services. Waste collection, transportation and disposal
from all single family and multifamily residential within the Village of Mount Prospect arz
not included within the Commercial Solid Waste Contract or as needed roll -off services
for construction purposes.
Section 2.5. Modification of Required Services. The Village of Mount Prospect
reserves the right to adjust or expand the scope of Commercial Services required under
the Commercial Solid Waste Contract, upon thirty (30) days prior written notice to the
Contractor, to accommodate changes in the definition of non-SWANCC Waste or
changes in the scope of services. The Village of Mount Prospect and the Contractor
agree to negotiate an equitable adjustment to the Contractor's compensation under the
Commercial Solid Waste Contract required as a result of any adjustment or expansion
of Municipal Services.
ARTICLE III
WASTE COLLECTION AND DISPOSAL
(a) Non-SWANCC Waste. Materials to be collected by the Contractor ir
accordance with the schedule provided in Section 4.3 and transported to a stat;
permitted sanitary landfill, transfer station, incinerator or processing facility mutually
agreed upon by the Village of Mount Prospect and the Contractor, (Exhibit A) arTe'
disposed or sold shall include the following:
EN
........... . . . .. . .. . .. .. . . . .
ON 111111 WHOM 0 li I I i iWIRMOMAN
r1a'5 pru, lu prullue for ine
collection and disposal of poisonous or toxic materials and large quantities of liquid
requiring tank truck disposal equipment.
For services provided pursuant to this Section, the Contractor agrees to ke-",
available tractor loaders, trailers and other necessary equipment. Upon the request
customer, the Contractor shall furnish an estimate for the cost of removal of a
materials named in the immediately preceding paragraph., I
Section 3.3. Schedule and Location of Collection. Commercial Service Was
O. be collected in compliance with provisions of Village of Mount Prospect Ordinani
No. (To be adopted prior to formalized contract agreement.)
(a) Private Service Solid Waste. Private Service waste shall be collected
in accordance with the provisions of Section 3.2 on a day mutually agreed to by the
Contractor and the commercial entity between the hours of 6:30 a.m. and 6:00
Collection of waste from commercial entities adjacent to residential properties shall
not commence prior to 6:30 a.m.
gmg�� =$��
(a) Commercial (Aon-SWANCC) Waste. The Contractor shall transpori
for processing all non-SWANCC Waste collected pursuant to this Solid Waste Contract
to a permitted facility approved by the Village of Mount Prospect in accordance with
state laws and any United States governmental agencies.
The Village of Mount Prospect shall have a right to inspect, by its authorized
representative(s), disposal sites, including transfer facilities used by the Contractor for
the d isposa I/sto rage of solid waste collected in the Village of Mount Prospect; refuse,
recyclables, yard material including loose leaves, If at anytime during the Contract, the
facility(s) used by the Contractor is in violation of federal, state or local requirements
regulating operation of the disposal site, waste collected in the Village of Mount
Prospect must be delivered to other state permitted facilities.
(b) Recyclable Materials. Recyclable Materials collected shall b(-!
transported for sale (with an intermediate diversion for processing permitted) to sites
approved by the Village of Mount Prospect.
Section 3.5. Solid Waste Collection Data. The Contractor shall provide to the
Village of Mount Prospect, at least once per quarter, a report on the quantity of all
commercial waste collected within the Village of Mount Prospect. The report shall
contain a detailed breakdown of the types of waste collected and shall be further
EK
detailed by the origin of the waste collected. Reporting format shall be approved in
advance by the I.•- •I Mount Prospect.
ARTICLE IV
COMPENSATION
(a) Non-SWANCC Waste. For providing for, on behalf of the Village of
Mount Prospect, the collection, transportation and disposal (or sale) of commercial
refuse and recyclables at a facility or facilities mutually agreed upon by the Village of
Mount Prospect and the Contractor, and for providing revenue collection services, the
Contractor shall receive as compensation the rates outlined in the Contractors Price
Sheet, attached as Exhibit B.
(b) Payment Terms. [Dates of payment and offsets for non -collection of
-evenues
• •- negotiated].
WON
ION MTA a
Section 5.1. Billing of Accounts. Commercial Services provided under Section
3.1 are provided • the Contractor • behalf of the Village. The Contract•
- s
erform • a quarterly basis, • an alternate schedule approved • the Village, •
•- • the •- • • Prospect, the billing and collection • all rates and
• imposed • commercial entities • the Village • • Prospect relating to
such
• Services. The Village • • Prospect will set the rates •-s
by the Contractor and said rates are not to be changed without written approval of the.
Village of Mount Prospect. The Village of Mount Prospect agrees to cooperate and
assist the Contractor in the collection of funds owed for services performed. The Village
of Mount Prospect further agrees to cooperate with respect to information, if any,
• to vacancies •: any other information that will assist the Contractor in the
• • the Solid Waste Contract.
Section 5.2. Commercial Service. The Contractor shall, on a quarterly basis, or
an alternate schedule approved by the Village, bill each commercial entity an amount
payable to the Contractor for the collection, transportation and disposal (or sale) of
Commercial Service waste for the previous [quarter]. The bill shall be payable by the
commercial entity within fourteen (14) days. The Contractor shall account separately for
all amounts received from commercial entities and hold such amounts, as determined
by the Village of Mount Prospect, for the benefit of the Village of Mount Prospect. These
amounts shall be remitted to the Village of Mount Prospect on a quarterly basis.
Section 5.3. Private Service. The Contractor may, but is not required to, include
as an item on each commercial entity's bill an amount payable • the Contractor for th(.-
0
F-11 0.419 IN I W,
Section 6. 1. Title to Solid Waste. The Contractor shall retain title to all No
SWANCC waste. i
III 1�1111
141=1M,ilV,A'—j1 I&L -t; 11—'L'11- -
(b) Transportation of Recyclable Materials. Recyclable Materials shall
be sorted, processed and transported for sale to sites approved by the Village of Mount
Prospect. The Contractor shall retain all income (and fully bear all losses) resulting
from the disposition of Recyclable Materials.
(c) Recyclable Materials Collection Data. The Contractor shall provide
to the Village of Mount Prospect, at least quarterly, a report on the weight, in tons, of all
Recyclable Materials collected from Commercial Entities under this Contract. The
report shall also contain a weight breakdown, by tons, of the types of Recyclable
Mqterials collected.
(d) The Village of Mount Prospect shall have the right to add materials
to the list of Recyclable Materials stated in Article 1, pending the availability of markets
for materials to be added.
(e) The Contractor, as agent for the Village of Mount Prospect, shal-
have a contractual obligation to ensure that all Recyclable Materials collected arz
properly processed and marketed., No collected Recyclable Materials shall be landfilleit-
or incinerated, unless advance authorization to do so is given by the corpora
authorities of the Village of Mount Prospect.
(f) The Contractor shall sell all Recyclable Materials it collects under
the Waste Contract, If a change in the market, for the sale of any particular Recyclable
Material makes continued collection of such Recyclable Material not economically
feasible, the Contractor shall consult with the Village of Mount Prospect regarding the
market changes of the affected Recyclable Material. The Village of Mount Prospect
Em
may, in its discretion, agree to remove from the list of Recyclable ffiaterials any
economicaLIly infeasibleupon (change.
(g) The Contractor shall be required to implement a sticker system for
Recyclable Materials that are .t collected. The sticker should identify
Recyclable Materials were not collected. The Contractor shall provide an example of
the sticker system to the Village of Mount Prospect for advance approval.
(h) Properties that are currently engaged in the sale of recyclable
material including, but not limited to scrap metal, glass, paper may continiue this process
and retain all revenues.
ARTICLE
BREACH: EVENTS OF DEFAULT AND REMEDIES
(a) Each of the following shall constitutep'.,, of the
(i) failure of the Contractor to pay, within thirty (30) days after
notice,,,1, the Villageof Mount Prospect of such nonpayment, amounts which are
undisputed or which are due to the Village of Mount Prospect under this Solid Waste
If the Contractor misses a collection under the Commercial Service the collection
must be corrected within 24 hours of the reported missed collection or a charge of $10
per missed collection not satisfied within 24 hours will be charged to the
'Contractor. This provision will not be enforced if the missed collection is due to a labor
ilispute of the Contractor's labor force unless the missed collection is not rectified within
gcalendar
(iii) 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
if its creditors or consenting to or acquiescing in the appointment of a receiver, trustee
or liquidator for a substantial part of its property, (B) a bankruptcy, winding up,
reorganization, insolvency, arrangement or similar proceeding being instituted by the
Contractor under the laws of any jurisdiction, (C) a bankruptcy, winding up,
reorganization, insolvency, arrangement or similar proceeding being instituted against
ihe Contractor under the laws of any jurisdiction, which proceeding has not been
dismissed within one hundred twenty (120) days, (D) any action or answer by the
Contractor approving of, consenting to or acquiescing in any such proceeding, or (E) the
levy of
any distress,int or attachment uponp of !,
Qi
ihall (or which reasonably might be expected to) substantially interfere with its
�terfbrmance under Solid the Waste Contract.
Section 8.2. Breach by the Village of Mount Prospect. Each of the followi
shall constitute a Breach on the part of the Village of Mount Prospect: I
(a) failure of the Village of Mount Prospect to pay, within thi
(30)days after notice from the Contractor of such nonpayment, amounts which a
I
undisputed or which are determined to be due to the Contractor under the Solid Was
1
Contract; 1
(b) (i) the Village of Mount Prospect 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, (ii) a bankruptcy,
winding up, reorganization, insolvency, arrangement or similar proceeding being
instituted by the Village of Mount Prospect under the laws of any jurisdiction,
bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding
being instituted against the Village of Mount Prospect under the laws of any jurisdiction,
which proceeding has not been dismissed within one hundred twenty (120) days, (iv)
any action or answer by the Municipality approving of, consenting to or acquiescing in
any such proceeding, or (v) the levy of any distress, execution or attachment upon the
property of the Village of Mount Prospect which shall (or which reasonably might be
expected to) substantially interfere with the Village of Mount Prospect performance
hereunder.
1071! 1 F-11 1 111 N I I K111 111 1pr1i i if•I =—* OPTZZAI�i•"' •; •"�
(a) If a Breach occurs under Section 8. 1, the Village of Mount Prospect
may exercise any one or more of the following remedies:
(i) the Village of Mount Prospect may declare an Event of Defa,
and may then terminate the Solid Waste Contract immediately, upon notice to t
Contractor and, subject to the provisions of sub -paragraph (v) below, upon su
termination the Contractor shall cease providing services under this Solid Was
'I
Contract; M
(ii) the Village of Mount Prospect may seek and recover from the
Contractor any unpaid amounts due the Village of Mount Prospect, all its substantiated
costs for the failure of the Contractor to perform any obligation under the Solid Waste
Contract and all damages, whether based upon contract, work stoppage, strike,
Contractor negligence (including tort), warranty, delay or otherwise, arising out of the
performance or non-performance by the Contractor of its obligations under this Solid
Waste Contract, and whether incidental, consequential, indirect or punitive, resulting
from the Breach;
E"
or may enter into a HOU contract Tor tne requirea serwy7s, or any po ion MOT, or may
use such other methods as shall be required in the opinion of the Village of Mount
Prospect for the performance of the required services-,
(iv) the Village of Mount Prospect shall have the power to proceed
with any right or remedy granted by federal laws and laws of the State 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 agreement contained herein or for the enforcement of
any proper legal or equitable remedy as the Village of Mount Prospect shall deem most
effectual to protect the rights aforesaid, insofar as such may be authorized by law;
(v) upon any such termination of the Solid Waste Contract, the
Contractor shall for a period requested by the Village of Mount Prospect, but not longer
than six (6) months, continue to perform the contractual services during which period
the Village of Mount Prospect shall continue to pay the Contractor its scheduled
compensation;
(vi) no remedy by the terms of the Solid Waste Contract conferred
upon or reserved to the Village of Mount Prospect 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 Village of Mount Prospect. 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.
(a) If a Breach occurs under Section 8.2, the Contractor may declare
an Event of Default and terminate the Solid Waste Contract immediately, upon notice to
the Village of Mount Prospect. In such event, the Contractors sole remedy shall be to
seek and recover from the Village of Mount Prospect any unpaid amounts due the
Contractor and any damages, whether incidental, consequential, indirect or punitive,
resulting from the Breach. The Contractor shall not be entitled to specific performance
or any other equitable remedies.
a-]
Section 9.1.. Non -Assignability. The Contractor shall not assign the Solid Waste
Contract or any part thereof without the prior written consent of the Village of Mount
Prospect. Approval, if any, for such assignment shall be made by the corporate
authorities of the Village of Mount Prospect.
The Contractor shall not assign or subcontract the Solid Waste Contract or the work
hereunder, or any part thereof, to any other person, firm, or corporation without prior
written consent of the Village of Mount Prospect, but the Contractor may perform its
obligations hereunder through its subsidiaries or divisions. Such assignment shall not
relieve the Contractor from its obligations or change the terms of this Solid Waste
Contract.
Section 11.6. Equipment to be Used by Contractor.. The Contractor agrees to collect al'
materials described in Section 4.1 in fully enclosed, leak -proof, modern trucks. For th(;
collection of Recyclable Materials, the Contractor shall use trucks specifically designed
for recycling service.
Containers used for providing service to commercial sites shall be cleaned by the
Contractor once annually, or more often if necessary, to keep them in sanitary condition.
Said cleaning shall be at the Contractor's expense and be performed at the Contractor's
location, not at the premises of the customer, The date of cleaning must be marked,
with large numbers, on the front of the container,
(040.1 to's 0 41
NIANOW01 0110111, i el •.101 N
ft -W 111 9"1"(0] M U
WJr- 16 IN I A It.- I (z
.0 i HN, I WIN- 11 ON
Containers damaged due to normal wear and tear, as determined by the Village,
shall be exchanged at no cost to the property or the Village. Containers subjected to
damage in excess of normal wear and tear, as determined by the Village, shall be
exchanged by the contractor and billed to the property according to the rate outlined in
Exhibit B.
M14141 4 t-It"14101 &-,I art] I met]
MO
,���rzrom
Residential Route
I =7
HMO of = = West of U4*t SUV*
between, aw oregary (imotmov
both sidem of Main); north of Grepry wW ~ of
DreOwkwoot
North of Kens"ton and #W of Beentwood
be#$ so" of wontwoftrj�
W111,
South of Or"Wy (im� both Okke of G"Ury)�
ecel of Main Street a" Country Lorm
ThUrO&W
South of morthwom mlowejr. West of Mohn Street
ond Country Low (Induding both ShUm of Main
Str"t ond Country Lm*)t north of CoW. ent, of
Route 913 (Imdudk4 the east mId& of Rouft
Mora of L6� (Inckoding north sift of
Lon=); east of &mee now (includke 60*t *We
of Rood). owth of Lkwow (InckmOng north
Wde of Lked1n),
POWAY
sGua of Limcom (wm*wd(ftq South we of woc#")�
mmt of Mumme Itood (imcluding ~ stdo of Owmw
Rood); South of to"quist (Indudho south side of
LormwIst): west of Owto 83 (bwludhg wW
of Route 63).
W111,
......... .............. ..... ..
Lq3MaUL,jjLTM,FarniIy Refuse and Recycling Inventory
61
3
2
8
Alpine
1500-60 Dempster
3
TTHS
15
1.5
Ashley Cove
3
MWF
3
4
3
1
6
3
1
8
Boxwood
1215-25 Boxwood
3
MWF
2
1
Brownstone
3
MWF
2
6
3
1
8
*Centennial North
900 Ardyce
I
Th
3
1.5
1
W 4
*Centennial South
900 Centennial
I
Th
3
2
Colonial Manor
I & 7 N Main St
2
TF
1
1.5
Colonial Manor
5 N Main St
2
MWF
1
1.5
Main Street
9-11 N Main St
3
TF
1
1.5
Cony
3
MWF
23
4
1
M 22
Cottonwood
1701 -1901 Cottonwood
3
MWF
22
1.5
Countryside
700 Hunington Commons
3
MWF
18
1.5
1
T 6
East Prospect
415 E Prospect
2
TF
2
1.5
I
TH 3
Forest Cove
1705 Forest Cove
2
TF
25
1.5
1
T 17
Fredlani
210 Kermilworth
2
TF
1
1
Dempster Trails
415 Dempster
2
TF
I
I
Huntington Square
1300 S Elmhurst
3
MWF
26
1.5
1
F 12
3
1
4
213 W. Prospect
213 Prospect
1
7
1
1
Irminger
1009 W Prospect
I
T
8
1
Victoria Hills
1852 S Busse
3
MWF
20
2
Mansard Lane
1701 1725 Mansard
3
MWF
5
1.5
3
2
2
Mt. Shire
1821 81901 Goff
3
MWF
40
1.5
1
T' 57
Oak Terrace
419 Dempster
3
TTHS
20
15
Pharoahs
1704 S Busse
3
MWF
2
3
3
1
4
3
5
6
Windsor Court
519 Dempster
3
MWF
5
4
3
4
6
Pickwick Commons West
684 Dempster
3
MTHS
14
2
Prospect Commons
2006 Algonquin
3
MWF
7
4
3
2
6
3
5
8
Rand Park
1060-1130 Wheeling
3
MWS
5
2
Rand wood Towers
1019 Boxwood
3
MWF
3
4
1
M 9
Redwood
1503-55 Redwood
3
MWF
2
1
3
4
1.5
Sable Chase
1700 S Busse
3
MWF
8
15
Shabonee Trail
718-28 She Bonse
2
TF
I
I
Lake Club
1850 S Busse
3
MWF
18
1,5
1
M 9
Timberlake
1450 S Busse
3
TTHS
23
115
r
T 6
Westgate
280 Westgate
2
MTH
10
15
1
W 2
Tim vane
601-05 E Prosped
3
MWF
1
8
'Huntlngt3n Towers
551-71 Huntington Commons
1
W
4
4
1
T 10
River West
1532 River West
3
MWF
5
1.5
61
MUM
Condominiums
Cinnarnon
1103 Hunt Club
„,
1255 W r msW
Clocktower
4�00 Kensington
ViCondos
lageCentre
lVillage
11 S Willie
Centre Condos
5 W
Clocklow
701701 Huntington Commons
Village
o0 M
Village Centre
'np
S Main
Colony
�50P
Parliament
Colony Country r
I00
Creekskle
710 - 20 Euclid
'C"I Towers
1717 - r7 Crystal
Goff Grove
1903 Goff
Aunt Club
1103 Hunt Club
Kenilworth
1255 W r msW
Kensington
4�00 Kensington
-akeside
601 601 Huntington Commons
1
625 625 Huntington Commons
2 MTh
701701 Huntington Commons
1.5
725 725 Huftngton Commons
McDonald
5 MTWFS
Orchard Vale 1400 S Elmhurst
Meadows Northwest HW
Prospect ProsW
ProspectPoint 517 Central
Townhomes
3 MWF
6
1.5
1
T 17
2 MTH
4
1.5
1
W 6
2 MTh
2
1.5
1
W 3
5 MTWFS
2
1.5
2
MW 3
5 MTWFS
2
1.5
1
W 3
3
2
1.5
1
12
2 TF
2
2
1
W 2
2 MWF
2
1.5
1
W 2
2 MTH
5
1.5
2
MTH 9
2 MTH
5
1.5
2
MTH 4
2 MF
6
1.5
2
MTH 12
1 T
20
2
1
T 24
3 MWF
2
1.5
1
T 6
3
4
1
2 TF
30
1
2
TF 18
1 W
1
4
1
Til 6
2 TF
4
1.5
1
M 9
2
2
2
2 TF
5
1.5
2
TF 3
2 rF
5
1.5
2
TF 3
2 TF
6
1.5
TF
2 TII
5
1.5
TF
3 MWF
1
4
2
MF 7
3
1
6
2 MTH
5
1.5
1
M 3
3 MWF
4
15
2
MTH 10
2 TF
3
1
1
TH 6
2 TIF
3
1
Lion Park 401 - 549 Lincoln 3 MWF 6 1.5 2 MF 15
Maple Street 310 - 46 MapM 3 TTH 2 1.5 2 MF 7
Euclid Lake Villa 1150 -129® Wheeling 4 MWFS 6 1.5
Lynn Court 3015 Lynn 2 TF 1 1
Mt. Prospect 920 -124® Boxwood 4 MWFS 11 1
4 20 1.5
Randviere Courts of dorm 1172 Wheeling 2 MTH 4 1 2 MTH 13
Randview Courts of South 9DO -1002 Wheeling 2 MTH 4 1.5
Exhibit 3 — Residential Fee Schedule
Mll� MIMISM
m
Exhibit 5: Commerical Collection Fee Schedule
55
CURBSIDE RECYCLING
CHURCHES LOCATION
Church of the Nazarene
1501 Linneman
Community Presbyterian Church
407 N. Main
Cumberland Baptist Church
1500 E. Central
Grace Lutheran Church
1624 E. Euclid
yung Jae Methodist Church
901 W. Church
King James
123 S. Busse
Mount Prospect Bible Church
505 W. Golf
Northwest Assembly
1400 Kensington
Northwest Covenant
300 N. Elmhurst
Peace Reformed Church
2090 W. Golf
Rissho Koseikai Church
1 W. Euclid
St. Cecilia's Church
700 S. Meier
St.Emily's Church
1400 E. Central
St. John's Church
1101 Linneman
St. Thomas Becket Church
1321 Burning Bush
South Church
501 S. Emerson
Additional buildings of worship may be added.
m
MI
Sate Al
Site AddressfLocation
Speciflic Location
Type
I
8,G
East Commuter Lot (Akxig south side NW Hionvay, just E. of Emerson)
8 - Wong plafbm
L
1...E n & INW HhNv
L
2
OH
Water Tower
I - Woe, & NW Hwy
v
3
811
Pubic Sahly Bud&V (112 E. NIN Ffighway)
I , bus shekeir
I - or NW 14"
4 - in p'!idng lot
v
4
8K
VdIage FUM CMI: Block (All of 50 S. Eawcsorr, pius Streetscape beds on
f -- west sidle of 83
L
W Side 83 arA wound libwary)
6 - we,,A side of Emersen
L
3 - by amin erdrance
L
7 - in !fie' one Plaza (!'-;.W. of BuMnq)
L
I - Cettral & 83
L
5
8M
sseftile improvement (Busse Ave. between NW HIghway and Main St.)
2-- nodh of Busse
v
3 - south of Busse
v
6
aN
Wfie -4(belymen Central and NW Fh
2 - eAst side of street
L
7
__
1I
-Bra tent, of 30,1 W, Giual
L
8
OG
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2 akxsg NW Fiwy
15S
4 awth IIS. buld
LA=S
3 - east We of Eumson
Lf. S
2 - west skk of Enwsan
UPS
3, -Mm, & NW ",
LFS
1- Main & Busse Awe-
W
9
8R
M
..Thr amt park
L
10
U"
West Commidef Ud LaLmA YNA Hktm , st VtLt St.D j
j_ju
2 - east end of 11al
L
11
Orain
U
TStation (11 E- NW Ffigbffayl
t2 -!!neuq!iuIut. staimm
L
12
OV
.... ... ....
YLM!W Centre Lat (between Maki SL and Witte)
3 - south side, abn!2 walk
LIDS
13
SA
Pfosp±Lt Ave- (Mm SU to Emerson, both stdes)
4 -, south side of street
L
14
90
Mapte Sbeet LcA (southeast coaw Mapte and Prospect Ave.)
11 - ncmthi ef Pfuspect " Ped -Walk to RR
L
I - nod'hwest Comer d lot
V,
16
16C
Prwpect Ave- cerdw Wand and south skip (Central Rd. to Main St.)
I -, nonh side of Prospect at Maiin Street
L
4 - south sidle of PmsDect between Palace and Woke
L.
8 = Bus Shelter - Steel
W = Vider &miley - Wood
V = V�dcr SWdley - RecytUd
L = Landscape! Forms- SIM
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17TEuchd
5
Elmt�wst Rj
I - irwithmst c(Arvw
B
I scudmst couner
B
18
5
Eftnhurst Rd & Lleadow
I - soudwst romeir
B
19
7A
CettenniW Pafk(N. side Certemrial Lh-.at Wegg2!e)
I - afong waikway
w
20
TB
Kvmskqon Center kw Busaness (wadkkig path and seaWg areas(
I ske A
w
1 .1 Ske B
w
I - Ske 4,
w
1- site 0
1.. ske E
w
I - -Ae G
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I safe ll
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v
I - %A.e, Ij
w
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21
12
Goff Rd & Efmimxst Rd
I Fledime'st ccxfmq
B
1 smAtme-st comer
B
22
14
Gaff Rd & Busse Rd,
I • RoOfflest comer
B
Goff Rd & Oakwo,od
I - shvest, Colnef
B
14W W2 Ua, wxtb sideAN!!!!I. To NK Prcw Ij
I - ast cmewAb,
L
23
8VY'
Mi. P—pect.
Pvcpspft,fid I NAI+mv)
0
24
IGAI
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I - east side bV JAWA
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1- A bm sleeker (N. side dAlgwRuinure about, IST
B
W- of �zle 8,3)
AkjmqdvAmmmwan
I - A bus Thekew (S -W mam)
0
Me 834-knOw
,ftn Commms
1- at bw shefter (W so& of WJ S, 1Hunikoon
B
Comims
6 = am It -- Step"i
W = Vicim .1kadey WwA
V =' IW tar SIMley - RmcydW
L = LaWscape Fmm - Sleet
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99
EXHIBIT A - LIST OF PROPOSED DISPOSAL AND RECYCLING SITES
Contractor must submit list names with contract proposal. Sites must be approved by
the Village of Mount Prospect
m
• UM -A M 7171 F1 II -gal W-7 VA I I M
The Village will issue a Notice of Award to the successful bidder, advising
that it has been awarded the contract. Within ten (10) business days of
delivery of the Notice of Award, by personal service or registered or
certified U.S. Mail, postage prepaid and receipt requested, the contractor
shall execute the contract, attached to the Bid Documents, and furnish the
Village with the required bonds and certificate of insurance.,
2. Upon the Village's receipt of the executed contract, required bonds and
certificate of insurance, the Village will issue and send to the contractor
Notice to Proceed, that will start the performance period.
3. PREVAILING WAGE. This contract calls for the construction of a "public
work" within the meaning of the Illinois Prevailing Wage820 ILCS
130/1, et seq., as amended (the "Act"). The Contractor and all
subcontractors are required to pay wage rates in accordance with the Act
to all laborers, workers and mechanics. The Village has adopted the
prevailing wages as determined by the Illinois Department of Labor
("IDOL") for Cook County.. The prevailing rate of wages is revised by the
IDOL and is available on the IDOL website,
www.state.il.us/agency/idol/rates/rates.HTM. The Contractor and all
subcontractors are solely responsible for checking the Departments
website for revisions to prevailing wage rates. In the event that the IDOL
should revise the prevailing rate of wages, then the revised rates shall
apply to this Contract. In no case shall any revision in the rates of
prevailing wages result in an increase in the total Contract price.,
7W.7#4717077�#77
include such provisions as will guarantee the faithful performance of the
Contractor's obligations under this clause and under the Prevailing Wage
Act, 820 ILCS 130/1 et. seq.
Contractor shall comply with all applicable provisions of the Prevailing
Wage Act, including, but not limited to, the requirements of Section 5 of
the Prevailing Wage Act, 820 ILCS 130/5. The Contractor, and all
Subcontractors and Sub -Subcontractors participating on the Project, shall
make and keep those records required under Section 5 of the Prevailing
Wage Act in paper or electron,ic format. In conformance with the Act, each
contractor and subcontractor, or other entity performing work on the
project, shall maintain records of all laborers, mechanics and other
workers employed by them on the project, including the following
information on each worker: (1) name, (2) address; (3) telephone number
when available, (4) social security number; (5) classification or
classifications; (6) gross and net wages paid in each pay period; (7)
number of hours worked each day; (8) starting and ending times of each
,iay; (9) hourly wage rate; (10) hourly overtime wage rate; (11) hourly
9M
• benefit rates; (12) the name and address • each fringe •- fund;
(13) the plan sponsor of each fringe benefit, if applicable; and (14) the
plan administrator of each fringe benefit, if applicable. These records shall
be kept by the participating contractor and subcontractor for a period of
not less than five (5) years from the date of last payment on the contract
or subcontract. No later than the 15th day of each calendar month, each
participating contractor and subcontractor shall submit a monthly certified
payroll to the Village consisting of the above -referenced information as
well as a statement signed by the participating contractor or subcontractor
that certifies: (a) the records are true and accurate; (b) the hourly rates
paid to each worker is not less than the general prevailing rate of hourly
wages required under the Prevailing Wage Act; and (c) the contractor or
subcontractor is aware that filing a certified payroll that he • she • to
•- false is a Class A misdemeanor.
41. The Village reserves the right to alter the scope of the required services to
be performed, add such incidental services as may be necessary and
increase or decrease the services to be performed to accord with such
changes, including the deduction or cancellation of any one or more or th(!-
services. Such changes shall not be considered as a waiver of any
condition of the contract nor to invalidate any of the provisions thereof.
5. The performance of the required services shall be done under the
supervision of the Village's Director of Public Works or his/her designee
who shall decide all questions that arise as to the quality and acceptability
of materials furnished, services performed, manner of performance,
acceptable fulfillment of the contract, compensation and the disputes and
mutual rights between contractors under the Speccations.
6. If the contractor fails to begin providing the services within the specifie
time, or fails to perform these services in accordance with the terms of th
approved schedule or performs the services in a manner unacceptable
the Village, or if the contractor becomes insolvent or is declared bankru
or makes an assignment for the benefit of creditors, or from any oth
cause fails to perform the required services in a manner required by th
i
contract, the Village shall give notice to the contractor and its surety pi�
writing specifying such failure, delay, neglect, refusal or default, and if th-
contractor, within a period of ten (10) calendar days after the giving (
such notice, does not proceed in accordance therewith, then the Villag -
shall have the full power and authority to declare the contract and th -
contractor in default, and to forfeit the rights of the contractor in •
7. All costs and charges incurred by the Village, together with the cost of
performing the required services shall be deducted from any monies due
or which may become due to the contractor under the contract. Following
any payment due and received by the Village from the contractor's surety
following default, if the expense so incurred by the Village is less than the
sum paid to the Village by the surety under this contract for the
performance of required services during the contract period, the surety
i•
shall be entitled to receive the excess difference paid to the Village. When
such contractor default costs incurred by the Village exceeds the sum paid
to the Village for the performance of the required services under the
contract, the contractor and the surety shall be liable and shall pay to the
Village the full cost of such additional expenses.
The contractor shall exercise every precaution at all times for th(;
protection of persons and properties. The safety provisions of all
applicable laws and ordinances shall be strictly observed. Any practic-.
obviously hazardous, in the opinion of the Director of Public Works or his
authorized representative, shall be immediately discontinued by the
contractor upon his receipt of instructions from the Director of Public works
or an authorized representative to discontinue such practice.
2. The performance of services under the contract includes the furnishing of
all supervision, labor, materials, tools, equipment and incidentals of every
kind and description necessary, in accordance with the contract
doc*tients.
3. The performance of services shall be subject at all times to inspection by
the Village or its inspectors, and the contractor will be held strictly to the
diligent execution of the contract. The Village or its inspectors shall be
furnished with such information and assistance by the contractor as is
required to make a complete and detailed inspection. Completed
performance of services not complying with the contract may be rejected
by the Vi'llage and shall be performed again by the contractor at no
expense to the Village.
4. Except where the Specifications indicate otherwise, the Tillage is nol
responsible for providing any tools, equipment, or storage under th,-:
contract in order to permit the completion of any contractual obligations
under the contract.
5. The contractor shall provide an adequate number of competently trained
personnel with sufficient supervision to perform the services required, and
the contractor shall provide identification of its personnel if requested by
the Village. Any contractor's employee or representative whose
employment is reasonably detrimental or objectionable to the Village shall
be transferred immediately from the work site upon the Village's request.
The exercise of this option shall not be construed as placing the Village in
charge of the performance of the services required under the contract, or
as making the Village responsible for safety, All tools or equipment
required to carry out the operations within the scope of the contract shall
be provided by the contractor, and shall meet the standards of OSHA and
the State of Illinois safety codes as may be required by law, The Village
reserves the right to inspect the equipment that will be used prior to the
award of the bid.
Dffi
6. The contractor shall at all times have a competent person in charge of its
work crew at the job site to whom the Village representative may issue
directives. Such person shall be competent in the English language.
C. Bond; Insurance; Indemnification
Performance Bond. Upon submission of the executed contract to the Village,
Contractor shall furnish to the Village a surety bond in the amount one
hundred and ten percent (110%) of the bid for the faithful performance of
the Contract and to indemnify the Village against loss.
The premium of such bonds is to be paid by the Contractor. The surety
must be with a substantial surety company satisfactory to the Village and
authorized by law to do business in the State of Illinois and endorsed by a
local representative of said surety company. All performance bonds shall
name the Village of Mount Prospect as Obligee and be written upon forms
prepared or approved by the Village. Said bonds may be satisfied with a
Letter of Credit, in the form acceptable to the Village, from a bank or
savings and loan within the Chicago metropolitan area. The bonds and
Letter of Credit shall remain in effect during the full term of the Contract
and any extension thereof. Failure to so provide these bonds or Letter of
Credit shall result in forfeiture of the bid bond/Letter of Credit to the Village
as liquidated damages and not as a penalty, and the termination of the
contract and/or withdrawal of the award.
2. Insurance Requirements. In the submission of a bid, the bidder is
certifying that it has all the insurance coverage required by law or that
would normally be expected for the bidder's type of work. In addition, the
bidder is certifying that, as the successful bidder/contractor, upon
execution of the contract, it will provide insurance of such types and in
such amounts as may be necessary to protect itself and the interests of
the Village against all hazards or risks of loss contemplated by the
contract. The Village shall be named as an additional insured on all
applicable insurance policies. Satisfactory certificates of insurance shall
be filed with the Village upon execution of the contract. The certificates
shall state that thirty (30) days advance written notice will be given to the
Village before any policy covered thereby is changed or canceled.
Insurance coverage shall be in the following minimum amounts:
Limit/
Limit/
Type of Insurance
Ea. Occurrence
Aggregate
General Liability
Bodily Injury
$1,000,000
$3,000,000
Property Damage
$1,000,000
$3,000,000
Contractual Ins.
$1,000,000
$3,000,000
Automobile Liability
Bodily Injury
$1,000,000
$1,000,000
Property Damage
$1,000,000
$1,000,000
. ............................... .... //--
. ............. . ....... ..........
IMEM4,.•. M 04
3. Indemnification. The contractor shall indemnify and save harmless the
Village, its officers, employees and agents from any and all liability, losses
or damages, including attorneys fees and costs of defense, the Village
may suffer as a result of claims, demands, suits, actions or proceedings of
any kind or nature, including workers' compensation claims, in any way
resulting from or arising out of the operations of the contractor under the
contract, including operations of subcontractors; and the contractor shall,
at his own expense, appear, defendand pay all attorneys fees and all
costs and other expenses arising therefrom or incurred in connection
therewith; and, if any judgments shall be rendered against the Village in
any such action, the contractor shall, at his own expense, satisfy and
discharge same. The contractor expressly understands and agrees that
any bonds, letters of credit or insurance protection required by the
contract, or otherwise provided by the contractor, shall in no way limit the
responsibty to indemnify, keep and save harmless and'defend the
Village as herein provided.
The contractor agrees to defend and hold harmless the Village from and
against all demands, claims, suits, costs, expenses, damages and
adjustments based upon any infringement of any patent relating to goods
specified in the contract, and on account of the Village's use of any
copyrighted or uncopyrighted, composition, trade secrets, secret process,
proprietary rights, patented or unpatented invention, article or appliance
furnished or used under the bid Specifications.
1 If, at any time, it shall be found that the person, firm or corporation
to whom the contract has been awarded has, in presenting any
proposal or proposals, unlawfully colluded with any other party or
parties, then the contract so awarded shall be null and void, and the
consultant and his sureties shall be liable to the Village for all loss
or damage which the Village may suffer thereby, and the Village
may advertise for new bids for performance of the required
services.
2. The contractor shaH, at all times during the life of this contract,
observe and abide by all federal, state and local laws which in any
way affect the conduct of the work and with all decrees and orders
of courts or agencies of competent jurisdiction, Likewise, said
contractor shall be governed by all municipal ordinances and
reguilations which in any way affect the conduct of the work. The
contractor shall indemnify and save harmless the Village, its
officers, agents and employees against any claim or liability arising
99
from or based on his violation of any law, ordinance, regulation,
decree or court order.
The bidder and contractor, as the successful bidder, shall comply
with all applicable federal, state and local laws, including, but no'j
limited to, the following:
a. Bid Rigging/Rotating. By submitting a bid, the contractor
certifies that no owner, officer or director is barred from
contracting with any unit of state or local government as a
result of violating the bid rigging or bid rotating provisions
contained in 720 ILCS 5/33E-3 & 33E-4.
Tax Payment. The contractor certifies that it is no'j
delinquent in the payment of any taxes to the Illinois
Department of Revenue pursuant to 65 ILCS 5/11-42. 1 -1.
C. Dru-q Free Workplace Ac. The contractor will comply with
the requirements of the Drug Free Workplace Act if the
contract is $5,000 or more, and it has more than 24
employees at the time of entering into the contract pursuan)
to 30 ILCS 580, et seq.
No n- Discrim i nation. The contractor will comply with the
Illinois Public Works Employment discrimination Act, 775
1 LCS 10/1, et seq.
9. Equal Employment Opportunit
y. The contractor will comply
with Article 2 of the Illinois Human Rights Act (775 ILCS
101, et seq.), including establishment and maintenance of a
sexual harassment policy as required by Section 2-105 that
will be produced to the Village upon request, and the Rules
and Regulations of the Illinois Department of Human rights,
including the EQUAL EMPLOYMENT OPPORTUNITY
CLAUSE, that is a material term of all public contracts, as
set forth in Exhibit B.
h. Compliance with Freedom of Information Act Request.
Section 7 of the Illinois Freedom of Information Act (FOIA), 5
ILCS 140/7, applies to public records in the possession of a
party with whom the Village has contracted. The Village will
have only a very short time from receipt of a FOIA request to
comply with the request and there is a significant amount oT
work required to process a request including collating and
reviewing the information. The bidder/contractor
acknowledges the requirements of FOIA and agrees to
comply with all requests made by the Village for public
90
records (as that term is defined by Section 2(c) of FOIA) in
the undersigned's possession and to provide the requested
public records to the Village within two (2) business days of
the request being made by the Village. The
bidder/contractor agrees to indemnify and hold harmless the
Village from all claims, costs, penalties, losses and injuries
(including but not limited to, attorneys fees, other
professional fees, court costs and/or arbitration or other
E. Work Guaranty
General Guaran!y. Reither partial or final payment, nor any provi I si
in the contract, nor partial or entire use of the product/Work embrac
in the contract by the Village or the Public shall constitute
acceptance of work not done in accordance with the contract,
responsibility for failure to comply with the terms of those contra
documents. I
Unless otherwise expressly provided in the Specifications, in the event
any defects or imperfections in the materials or workmanship to be
furnished by the contractor herein appear within the period of two (2)
years from the date of completion of all the Work and acceptance
thereof by the Village, the contractor will, upon notice from said Village
(which notice may be given by letter to said contractor to the business
address of the contractor shown in the proposal), repair and make
good at his own cost any such defects or imperfections and replace
any defective or imperfect materials or workmanship with other
materials or workmanship satisfactory to said Village, and furnish all
such new materials and labor as may be necessary to do so; and in
the event of the failure, refusal or delay of said workmanship or
materials said Village may do so or have same done by others, and
said contractor and surety or sureties on the bonds given for the
faithful performance of the contract shall be liable to the Village for all
damages and expenses occasioned by such failure, refusal or delay.
All details of warranties shall be included with the bid. Warranty work
shall be at no additional expense to the Village.
0
Manufacturer warranties and guaranties be shall submitted bi with the
and shall be considered a part of the contract where su
specifications meet the minimum bid Specifications. I
2. Maintenance Bond. A maintenance bond or a maintenance letter of
credit is required. This maintenance bond or maintenance letter of
credit amount shall consist of ten percent (10%) of the final project
cost; it shall be posted by the contractor with the Village upon
completion of all Work; and it shall be valid and effective for a period of
54
two (2) years after the final acceptance of such Work by the Village for
the purpose of guaranteeing against and securing the correction of any
defect in material or workmanship furnished for such improvements,
latent in character and not discernible at the time of final inspection or
acceptance by the Village of Mount Prospect.
F. Miscellaneous Contract Requirements
Contract Alterations. No amendment of a contract shall be valid
unless made in writing and signed by the Village President, Village
Manager or their authorized representative.
2. Licenses and Permits. The contractor shall procure at its own
expense all the necessary licenses and permits in connection with
the work under the contract.
3. Nonassignability. The contractor shall not assign the contract, or
any part thereof, to any other person, firm or corporation without the
previous written consent of the Village. Such assignment shall not
relieve the contractor from its obligations or change the terms of the
contract unless agreed by the Village at its sole discretion.
4. Notices. All notices required by the contract shall be given in
writing.
5. Taxes. The contractor shall pay all federal, state and local taxes as
may be applicable on all materials, labor and services furnished by
it under the contract, and the amounts of such taxes shall be
included in the unit prices bid.
92
........ . . . . . . . . .................... . .................... . ...........
EXHIBIT A
(Upon award of contract, to be
attached to Solid Waste Service
Contract 2017-2027 as Exhibit A)
ProposalForm
Villaae of Mount Prospec
SOLID WASTE SERVICES CONTRACT 2017-2027
045RI-M
■
E]
Individual Proprietorship
El
Joint venture
E]
Partnership
Corporation
Has the applicant, business, or member of the business ever had a
license or contract revoked, suspended or cancelled? F] YES NO
If yes, explain in full detail on a separate sheet of paper.
service? El YES El NO
If yes, explain in full • a -•. sheet •i •.- Have any complaints .•. the •
been filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General,
?ny other governmental body during the period of one year prior to the date of this proposa
[I YES F� NO 11
Please note, the Village reserves the right to conduct its own search with the Illinois
Commerce Commission, the Illinois Attorney General, or any other governmental body,
and may take into consideration any complaints and/or pending complaints made against
the business or owner.
In submitting this Proposal Form requesting award of the Village of Mount Prospect Solid Waste
Services • 2017-2027, 1 hereby certify that:
In submitting this Proposal Form requesting award • the Village • T• Prospect Solid TTaste
Services
• 2017-2027, 1 hereby certify that:
I im (47t. I its] 54 INIEW141 i-*1q91(i7'1ffi4
2. Neither 1,
• any person who will •- working • my behalf, has •- convicted •- the.
laws of Illinois or any other state of an offense which under the laws of this state would be a
• involving the theft • property, violence to persons, • criminal damage to ••'
Please not-
•.
pastand can demonstrate a compelling showing that he/she is neverthel-
•- •
person or operator may •- approved • the •- Manager if otherwise eligible;
3. 1 am not barred by law from contracting with the Village because of a conviction for prior
violations of either Sections 33E-3 • 33E-4 • the • Criminal Code • •. (720 ILCS
5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating));
• delinquent in •. • any taxes to the • Department • Revenue •
to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment,
fee
• tax owed to the Village;
5. 1 provide a drug free workplace pursuant to the Drug Free Vlorkplace Act (30 ILCS 580/1, et
seq.);
fi. I shall comply with Article 2 • the Illinois Human Rights Act (775 ILCS 5/2-101, et •
and the Rules and Regulations of the Illinois Department of Human Rights, including
establishment and maintenance of a sexual harassment policy as required by Section 2-105
• that Article and Act;
M
m11171TTRI9119 i 11«g?
8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1
et seq.); and
9. All of the information I have provided in this Application has been truthful and given in
good faith.
I have read and understand the information provided with this 01roposal Form, including
the Notice to Bidders, Instructions to Bidder, the General Conditions, the Specifications
and the Solid Waste Services Contract 2017-2027, and agree to abide by the conditions
set forth therein. My signature below indicates my acceptance of all such conditions
and my bid for award of the Village of Mount Prospect Solid Waste Services Contract
2017-202T
21St #{? »=1
23�y±##�
#'hone No.
Date
�
VILLAGE OF MOUNT PROSPECT
SOLID WASTE SERVICES CONTRACT 2017-2027
and I an located at
Illinois, (hereinafter the "Contractor").
2. SPECIFICATIONS As stated in the bid document.
3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS
Contractor agrees to defend and hold harmless the Village from and against all
demands, claims, suits, costs, expenses, damages and adjustments based upon
any infringement of any patent relating to goods specified in the contract, and on
account of the Village's use of any copyrighted or uncopyrighted, composition,
trade secrets, secret process, proprietary rights, patented of unpatented
invention, article or appliance furnished or used under the proposai
Specifications.
4. ADHERENCE TO LAWS
Employees and agents of Contractor shall obey all federal, state, county and
municipal laws and ordinances during the execution of their duties under this
Contract. The existence of this Contract does not exempt such individuals from
compliance with such laws or ordinances, nor does it convey any special rights or
privileges upon those individuals.
2. Provide a drug free workplace pursuant to the Illinois Drug Free
Workplace Act (30 ILCS 580/1, et seq.);
b. Comply with the Illinois Public Works Employment Discrimination Act (775
1 LCS 10/1 et seq.);
C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101,
et seg.), and the Rules and Regulations of the Illinois Department of
Human Rights, including establishment and maintenance of a sexual
harassment policy as required by Section 2-105 of that Article and Act;
I
-
. ..... . . ................. ///_- / ........... ...... r///%//,', � .... ... .... ............... I I 1 11 ",i......
e. Comply with the provisions of the EQUAL EMPLOYMENT
OPPORTUNITY CLAUSE required by the Illinois Department of Human
Rights as a material term of all public contracts, which states as follow&
Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code,
Equal Employment Opportunity Clause
In the event of contractor's non-compliance with the provisions of this Equal
Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and
Regulations of the Illinois Department of Human Rights ("Department"),
contractor may be declared ineligible for future contracts or subcontracts with the
State of Illinois or any of its political subdivisions or municipal corporations, and
the contract may be cancelled or voided in whole or in part, and such other
sanctions or penalties may be imposed or remedies invoked as provided by
statute or regulation, During the performance of this contract, the contractor
2grees as follows:
1) That it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, national origin or
ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable
discharge from military service; and further that it will examine all job
classifications to determine if minority persons or women are underutilized and
will take appropriate affirmative action to rectify any such underutilization.
2) That, if it hires additional employees in order to perform this contract or
any portion thereof, it will determine the availability (in accordance with the
Department's Rules) of minorities and women in the area(s) from which it may
reasonably recruit and it will hire for each job classification for which employees
are hired in such a way that minorities and women are not underutilized.
3) That, in all solicitations or advertisements for employees placed by it or
on its behalf, it will state that all applicants will be afforded equal opportunity
without discrimination because of race, color, religion, sex, marital status,
national origin or ancestry, age, physical or mental handicap unrelated to ability,
or an unfavorable discharge from military service.
Rules. If any such labor organization or representative fails or refuses to
cooperate with the contractor in its efforts to comply with such Act and Rules, the
contractor will promptly so notify the Department and the contracting agency and
will recruit employees from other sources when necessary to fulfill its obligations
thereunder,
N1EKQ1ZkTM 1141111tivan"falmor.
M111
or the contracting agency, and in all respects comply with the Illinois Huma
Rights Act and the Department's Rules.
6) That it will permit access to all relevant books, records, accounts an
work sites by personnel of the contracting agency and the Department fc
purposes of investigation to ascertain compliance with the Illinois Human Righl
Act and the Department's Rules.
7) That it will include verbatim or by reference the provisions of this claus
in every subcontract it awards under which any portion of the contract obligation
are undertaken or assumed, so that such provisions will be binding upon suc
subcontractor. In the same manner as with other provisions of this contract, th
contractor will be liable for compliance with applicable provisions of this clause b
fwVi&--K—.4ifl ArtrnAlLy-rft L L V �U&&rycraf i
the Department in the event any subcontractor fails or refuses to compl
therewith. In addition, the contractor will not utilize any subcontractor declare
by the Illinois Human Rights Commission to be ineligible for contracts c
subcontracts with the State of Illinois or any of its political subdivisions c
municipal corporations.
With respect to the two types of subcontracts referred to under paragraph 7 (
the Equal Employment Opportunity Clause above, following is an excerpt c•
Section 750.30 of the Department of Human Right's Rules and Regulations fc
Public Contracts:
Title 44, Part 750, Section 750 .30, Illinois Administrativ
Code, Subcontracts
5. FEE SCHEDULE
The charges to be assessed by Contractor under this Contract are set forth in the
fee schedule contained in Exhibit A.
6. LOG BOOK, RECORDS & REPORTS REQUIRED
The Contractor shall provide the Village with a written status report on its
provision of services required by the Contract. This report shall be due before the
tenth day of the following month.
7. IMETHODS OF PAYMENT
Payment under the Contract will be made in accordance with the Illinois Local
Government Prompt Payment Act, 50 ILCS 505/1 et seq.
K�
9. HOLD HARMLESS AGREEMENT (CONTRACTUAL LIABILITY)
Contractor assumes full responsibility for the acts and omissions of its employees
and agents while engaged in performing services under the Contract. Contractor
agrees, to the greatest extent permitted by Illinois law, to protect, indemnify, save
and hold forever harmless the Village, its officers, appointed and elected officials,
Mayor and Board of Trustees, employees, volunteers, attorneys and agents from
and against any and all liabilities, obligations, claims, losses, damages, penalties,
and costs and expenses resulting from any suit, claim, demand, judgment, or
cause of action initiated by any person, including Contractor and its officers,
officials, employees, subcontractors, volunteers and agents, arising out of,
connected with, or in any way associated with the performance of services
covered by this Contract or the equipment used in connection therewith.
9. 'CONTRACTORS LIABILITY INSURANCE
Contractor shall not commence with the performance of services under this
Contract until it has obtained all insurance required hereunder and such
insurance has been approved by the Village. Certificates of such insurance shall
be filed with the Village prior to commencing work. Additionally, Contractor will
provide the Village with a letter from the insurance carrier that the Village will be
notified within thirty (30) days of the pending cancellation of any policy relating to
this Contract.
Each insurance company shall be subject to approval by the Village, and th(;
respective policies shall name the Village as an additional named insured.
Approval of the insurance by the Village shall not relieve or decrease the liability
of Contractor hereunder. Such insurance is primary and in no event will be
considered contributory to any insurance purchased' by the Village. Such
insurance will not be canceled, reduced, or materially changed without providing
ihe Village thirty (30) days advance written notice, via certified mail.
10. CONTRACT TERMINATION
The Village and Contractor reserve the right to terminate the Contract at any time
upon ten (10) days advance written notice to the other party. In addition to the
provisions set forth in Section General conditions (A,6) for immediate termination,
failure of Contractor to perform any aspect of this Contract properly and/or to
provide proper treatment to the general public, in the sole discretion of the
V'ilage, is cause for immediate termination of the Contract without prior notice.
11. LENGTH OF CONTRACT
This Contract shall be in effect beginning May 1, 2017, and shall remain in effect
until December 31, 2027, unless terminated by either party under the conditions
specified in Section 10, Contract Termination. The Contract may be extended for
up to one (1) year period beyond the termination date by mutual, written
agreement between the Village and the Contractor..
M
12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST
The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to
public records in the possession of a party with whom the Village has contracted.
The Village will have only a very short period of time from receipt of a FOIA
request to comply with the request, and there is a significant amount of work
required to process a request including collating and reviewing the information.
Contractor acknowledges the requirements of FOIA and agrees to comply with all
requests made by the Village for public records (as that term is defined by
Section 2(c) of FOIA) in its possession and to provide the requested public
records to the Village within two (2) business days of the request being made by
the Village. Contractor agrees to indemnify and hold harmless the Village from all
claims, costs, penalty, losses and injuries (including but not limited to, attorney's
fees, other professional fees, court costs and/or arbitration or other dispute
resolution costs) arising out of or relating to its failure to provide the public
records to the Village under this Contract.
13. Contractor shall not assign this Contract or any part thereof without the prior
written consent of the Village. Approval, if any, for such assignment shall be
made by the Corporate Authorities of the Village. This Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective
assigns, legal representatives and successors in interest.
14. GOVERNING LAW
This Contract shall be governed by and construed in accordance with the laws of
the State of Illinois and applicable federal law. Venue shall only be proper in a
court of competent jurisdiction located within the County of Cook, Illinois.
15. SEVERABILITY
The invalidity or unenforceability of one or more of the terms or provisions
contained in this Contract shall not affect the validity or enforceability of the
remaining terms and provisions of this Contract so long as the material purposes
of this contract can be determined and effectuated.
16. INTERPRETATION
Any headings of the Contract are for convenience of reference only and do not
define or limit the provisions thereof. Words of gender shall be deemed and
construed to include correlative words of other genders. Words importing the
singular shall include the plural and vice versa, unless the context shall otherwise
indicate. All references to any person or entity shall be deemed to include any
person or entity succeeding to the rights, duties and obligations of such person or
entity succeeding to the rights, duties and obligations of such person or entity in
accordance with the terms and conditions of the Contract.
17. WAIVER OF BREACH
If either party waives a breach of any provision of this Contract by the other party,
that waiver will not operate or be construed as a waiver of any subsequent
breach by either party or prevent either party from enforcing such provisions.
100
18. MERGER -AMENDMENT
This Contract sets forth the entire understanding of the parties relative to the
subject hereof and supersedes any and all prior agreements, express or implied,
oral or written. No amendment or modification of this Contract shall be effective
unless reduced to writing and executed by the parties..
19. COUNTERPARTS
This Contract may be executed in several counterparts each of which shall be ar
original and all of which shall constitute but one and the same instrument,
20. EFFECTIVE DATE
The Effective Date of this Contract shall be the date executed by the Village
President, and attested by the Village Clerk.
on —� 2017.
M
Karen Agoranos, Deputy
Village Clerk
M.
Secretary
0
MOZIUa'M
�
4MoNTRIUM 11'111[1 RIK OEM
KOI
Principal Amount:
Contract:
KNOWN ALL MEN BY THESE PRESENTS, that Contractor
as
Principal (hereinafter "Contractor"), and , with main
office at a corporation of the
state of as Surety (hereinafter "Surety"), are held and firmly bound unto
the Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), in the
penal sum of Dollars ($ ), lawful money
of the United States, for the payment of which, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has entered into a written agreement with the Village dated
(hereinafter "Contract"), for the construction of
in accordance with the drawings and specifications prepared by:
(Village of Mount Prospect or architect/engineer), which Contract
made a part hereof.
is incorporated herein and
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly and completely discharge the Contract and all duly authorized modifications,
alterations, changes, or additions to said Contract as may hereafter be made, and during the life
of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the
Village from all liability and from all loss or expense of any kind, including all court costs and
attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to
comply with all obligations assumed by Contractor in connection with the performance of the
Contract and all such modifications, alterations, changes, or additions, then this obligation shall
be null and void; otherwise it shall remain in full force and effect.
Upon receipt of written notice from the Village that the Contractor is in default, and
performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy
the default; (2) arrange for the performance of Contractor's obligations under the Contract
through the use of qualified contractors acceptable to the Village; or (3) notify the Village that it
may hire a contractor to complete Contractor's obligations under the Contract. Surety will
promptly notify, in writing, the Village of which option it is exercising. Failure of the Surety to
elect an option within fifteen (15) days of receipt of the notice from the Village shall constitute
authorization to the Village to complete the improvements at Surety's expense.
The balance of the contract price shall be credited against the cost of completing and/or
correcting the Contractor's performance under the Contract. If the cost exceeds the balance of
the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of
the principal amount of this Bond. If the Surety arranges for completion and/or correction or
remedies the default, the balance of the contract price that is required to complete, correct or
remedy the default shall be paid by the Village to Surety. Surety will be responsible, up to the
maximum of the principal amount of this Bond, for payment for correction and completion of the
Contract, any additional legal, design professional or delay costs arising from Contractor's
default and/or resulting from action or inaction on the part of the Surety and liquidated damages,
102
[014 RII 011
The term "balance of the contract price" means the total amount payable by the Village
to the Contractor under the contract, and any amendments thereto, less the amounts paid to the
Contractor by the Village.
Any suit under this Bond must be filed before the expiration of two years from the date
on which final payment under the Contract is due or the applicable statute of limitations,
whichever is longer, No right of action shall accrue on this Bond to or for the use of any person
or corporation other than the Village or its heirs, executors, administrators or successors. Any
proceeding, legal or equitable, under this Bond may be instituted in a court of competent
jurisdiction in the location in which the work is located. Notice to any of the parties shall be
mailed to the appropriate address listed above.
Surety hereby waives notice of any modifications, alterations, changes, additions or
--xtension of time in the Contract.
Signed and sealed this _ day of
Contractor Surety
By: By:
Signature Officer Of The Surety
Title Title
ATTEST: Address:
Corporate Secretary (corporations only)
E*-IIFTAIIIMOI
(insert Name of Afforney-in-Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the
foregoing instrument on behalf of Surety, appeared before me this day in person and
acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her
free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of , 201_.
Notary Signature: My Commission expires:
MN