R-888 - 10/26/2004 - AGREEMENT - Resolutions ExhibitsEXHIBIT "A"
AGREEMENT
THIS AGREEMENT, made this 26" day of October, 2004, by and between the VILLAGE
OF OAK BROOK, Illinois, hereinafter called "Village," and BFI WASTE SYSTEMS
OF NORTH AMERICA, Inc, hereinafter
called "Contractor."
WITNESSETH
The contents of this agreement constitute the entire agreement and understanding between the
Village and the Contractor. That for and in consideration of the payment and agreements
hereinafter mentioned:
1) Exclusive Contractor: The Contractor shall be the exclusive refuse, recycling and yard
waste collector for single family attached and detached residences (hereinafter referred to as
single family) within the Village boundaries.
2) Contractor Performance: The Contractor shall be responsible for everything required to be
performed, and shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment and supplies, vehicles, transportation services, and landfill and
compost facility space required to perfonn and complete the collection and disposal of refuse
and yard waste, and make all of the necessary arrangements for the delivery of all recyclables
to a processing facility. The Contractor may, at its option, contract separately with
businesses, institutions, and agencies for collection service outside the scope of this
Agreement, subject to all individual 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 Agreement. Any contracts between the
Contractor and businesses, multi - family complexes with more than six (6) units, institutions,
and agencies shall covenant that said contract shall not interfere with the terns and
conditions set forth under this Agreement. The Contractor shall at all times make reasonable
efforts to keep the area in which it is working free from accumulations of waste material or
rubbish caused by the operations of the Contractor or its employees. This shall include
refuse, landscape, and recycling materials.
Further, the Contractor shall return all containers at each pick -up location to the curbside or
adjacent to the right -of -way of paved or traveled Village roadways, or when under contract
for rear door collection, at the point of collection near the rear door. Containers will be
placed, not thrown, in such a manner that they are not left lying on their sides or in a manner
that would allow roadway interference of vehicle and /or pedestrian traffic. Any contents
spilled on the parkways, premises, or streets are to be cleaned up in a workmanlike manner.
In order to provide for proper clean -up, a broom and shovel will be required on each vehicle.
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The Contractor is responsible for damages resulting from its careless handling of any
receptacle. All containers, which suffer damage caused by the Contractor, shall be replaced
by the Contractor at no extra charge to the user. The containers so supplied shall then belong
to the user, unless the containers were rentals from the Contractor.
3) Agreement Term: The initial tern of this Agreement will be from November 1, 2004 to
December 31, 2007.
4) Contract Document: This Agreement, including Exhibits 1 through 6, stands as the contract
document and contains the entire Agreement between the parties as to the matters contained
herein.
The invalidity of one or more of the phrases, sentences, clauses or sections contained in this
Agreement shall not affect the validity of the remaining portion of the Agreement, so long as
the material purposes of this Agreement can be determined and effectuated. This Agreement
may only be modified, amended, or extended by a written agreement executed by the parties
authorized representatives.
SECTION I: General Provisions
5) Village Performance: The Village agrees that it shall perform all of its obligations required
by this Agreement and comply with all reasonable requests of the Contractor which are made
to implement the services which are the subject of this Agreement or which facilitate the
intent of the Agreement.
6) Rates Established: The Contractor agrees to perfonn all of the Work described in this
Agreement and comply with the tenns herein for the sums listed in Exhibit 1 A & 1 B.
7) Overweight Vehicles: Overweight vehicles are the responsibility of the Contractor. The
Contractor is required to comply with weight requirements and safety requirements as
established by Illinois law or Village Ordinance.
S) Federal, State, and Local laws: The Contractor shall comply with all applicable Federal,
State, and Local laws, ordinances, rules, and regulations and requirements of any and all
governinental agencies regulating waste and recyclables collection, hauling, disposal and
processing during the tenn hereof and all requirements concerning equal opportunities as
well as all other regulations which may apply. The Contractor shall also comply with and be
governed by, the rules and regulations of the Illinois Fair Employment Practices Act.
9) Taxes: The Contractor shall pay all sales, use, property, income, and other taxes that are
lawfully assessed against the Village or the Contractor in connection with the Contractor's
facilities and the work included in this Agreement. 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 Service Use Tax.
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10) Permits and Fees: Immediately upon the awarding of this Agreement, the Contractor shall
secure and pay for, at its own expense, all necessary pennits, 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 Agreement.
11) Performance Bond: The Contractor shall initially post, and on each anniversary of the
effective date of this Agreement, including renewal period or periods, renew a Perfonnance
Bond which shall, at all times, be in an amount of at least the sum of billing receipts
anticipated collected during the succeeding three (3) month period under the Agreement, or
$125,000.00, whichever is greater. Said bond shall be executed by and with a surety
company acceptable to the Village and shall be subject to approval as to fonn and content by
the Village Attorney.
The Contractor shall furnish the perfonnance bond within ten (10) days of the awarding of
this Agreement. This Agreement shall not be signed until the bond is received and is
reviewed for acceptability by legal counsel for the Village.
12) Independent Contractor: The Contractor shall be deemed to be an independent Contractor,
solely responsible for the payment of its employees and the control of its employees and their
work. The Contractor is solely responsible for compliance with all applicable Federal, State,
and local laws.
13) Non - Assignment: The Contractor shall not assign or subcontract this Agreement or the
work there under, or any part thereof, to any other person, finn, or corporation without prior
written consent of the Village, but the Contractor may perfonn it obligations there under
through its subsidiaries or divisions. The Contractor may subcontract Alternative Services
Provided listed in this Agreement under paragraph 68 herein, with prior written consent of
the Village not to be unreasonably withheld. Should the Village give written consent for an
assignment, said assignment shall not relieve the Contractor, or its subcontractor or agents,
from its obligations or change the tenns of this Agreement.
14) Village's Intention to Extend: 180 days prior to the Agreement expiration, the Contractor
shall inquiry of the Village by means of written notification, sent certified mail, return receipt
requested, as to the potential extension of the tens of this Agreement.
At the Village's sole discretion and option, commencing not less than six (6) months (180
days) prior to the expiration of this Agreement, the Village and the Contractor may engage in
good faith negotiations to develop rates for the purpose of extending this Agreement in one
(1) year increments, not exceeding two (2) years. Among the factors to be considered shall
be increased or decreased costs incurred by the Contractor, increases in the Contractor's
productivity, the Contractor's service since the beginning of the Agreement, and prices paid
in comparable communities.
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15) Contract Document Execution: Contractor agrees to execute all certifications and
specifications required by this Agreement.
16) No Strikes:
a) The. Contractor shall file proof with the Village that it has a "no strike" provision for the
duration of all collective bargaining agreements with its workers. Upon execution of any
new agreement, the Contractor shall forward to the Village within thirty (30) days thereafter,
proof that said agreement also contains a "no strike" clause.
b) Should nevertheless, a strike occur which lasts more than seven (7) calendar days, the
Village shall be permitted to institute such procedures to collect and dispose of the waste to
be collected pursuant to this Agreement as the Village deems necessary. The Contractor
shall be responsible for reimbursing the Village for any and all costs it may incur in such an
endeavor.
17) Complaints: All complaints received by the Contractor shall be given prompt and courteous
attention. The Village and the Contractor will agree upon a formalized complaint form to be
filled out by the Contractor each and every time a customer contacts the Contractor with a
complaint. It will be the Contractor's responsibility to have the complaint fonns available for
use by the Contractor prior to the commencement of this agreement. Complaints received by
the Village will be forwarded to the Contractor (route supervisor, general customer service
center, or other designated official). The Contractor will supply the Village with copies of all
complaint fonns within five (5) business days of a complaint being made, indicating thereon
the resolution.
18) Dispute Settlement: Where any dispute arises between a resident/customer and the
Contractor, as to the manner or placing of containers for collection or preparation of
recyclable materials, or the nature of the Agreement or the like, the Contractor agrees that in
that specific instance collection will be made inunediately even though in its opinion, the
customer may be in error; and that the Contractor will immediately report the same to the
Village's designated representative so that the Village and the Contractor may resolve the
dispute, if possible, before additional collection becomes necessary. The intent of this
paragraph is to avoid disputes / disagreements between the customers and the Contractor's
employees, and to pen-nit disputes / disagreements to be handled by mutual discussion
between the Contractor and the Village. If a missed pick -up is reported by the Village or a
customer to the Contractor, the Contractor shall collect the refuse, recyclable material, or
yard waste from such customer within one (1) business day of notification. All complaints
other than missed pick -ups shall be resolved to the satisfaction of the Village, within two (2)
business days. As noted above, the Contractor shall supply to the Village a copy of the
complaint form for each and every complaint, which shall include the nature of the complaint
and resolution shall be clearly noted. The Contractor shall cooperate with the Village in
minimizing complaints from customers. Continued unreasonable complaint levels, as
detennined by the Village, or continued failure by the Contractor to carry out any of its
contractual obligations such as, but not limited to, rude treatment, messy pick -ups, damage to
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persons or property, and early start-up shall be considered a default under this Agreement.
19) Right to Terminate: The Agreement will remain in force for the agreement tenn and any
extensions. However the Village will have the right to tenninate this Agreement sooner if the
Contractor has failed to perfonn satisfactorily the work required, as detennined by the
Village in its discretion. In the event the Village decides to tenninate this Agreement for
failure to perform satisfactorily, the Village will give the Contractor at least thirty (30) days
written notice before the termination takes effect. Such thirty (30) day period shall
conunence upon the mailing of notice by the Village. If the Contractor fails to cure the
default within the thirty (30) days specified in the notice the Agreement will be tenninated.
At the option of the Village, the Contractor may be given additional time to cure the defaults.
Except as otherwise directed by the Village, or in the case of tenmination for default (in
which event the Contractor may be entitled to cure, at the option of the Village) the
Contractor shall stop work as directed by the Village on the date specified in the notice and
neither the Village nor residents shall incur any liabilities.
At the Village's option, in the event of default, the Village may demand that the Contractor
appear before the Village President and Board of Trustees to discuss the default. If after
thirty (30) days of said meeting, the Village Board detennines that the Contractor has failed
to perfonn according to the terms of this Agreement, the Contractor shall pay the Village
additional liquidated damages for delay, but not as a penalty, of five hundred dollars ($500)
per occurrence. This failure to perfonn shall include repeated incidents of any of the
following: failure to respond to or resolve resident complaints; failure to supply information
requested by the Village, failure to deliver monthly reports; or failure to adhere to any and all
terns and conditions specified in the Agreement.
20) Contractor Information: The following information is attached as Exhibit 6, Schedules 1 -4:
(a) A list of municipalities in the State of Illinois, for which the Contractor furnishes or has furnished
refuse, recyclables, and /or yard waste collection for a period of at least one year within the last three
years. Refuse programs should indicate if any are pay - per -bag (basic or modified) or flat rate
programs, as well as the additional information requested on the Village's fonn. Use the fonn
provided, labeled Schedule 1.
(b) A complete list of the Contractor's vehicles /equipment, owned or under direct control, to be
utilized in the Village in the perfonnance of this Agreement. Use the form provided, labeled
Schedule 2.
(c) A statement guaranteeing that all recyclables shall be delivered to the nearest Intermediate
Processing Facility (IPF) or other site as detennined by the Contractor. Use the fonn provided,
labeled Schedule 3.
(d) A qualification statement. Use the fonn provided, labeled Schedule 4. Contractors should use
extra copies of schedules or supplemental sheets as necessary to supply information.
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21) Insurance: The Contractor shall provide all certificates of insurance and additional insured
endorsements according to the limits provided herein at all times during the life of this
agreement. Said insurance shall be kept current and shall not be allowed to expire. The
Village shall receive updated copies of these documents at least sixty (60) days prior to their
expiration.
Each contractor performing any work pursuant to an agreement with the Village of Oak Brook
and each pennittee working under a pen-nit as required pursuant to the provisions of Title 1,
Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as
"Insured ") shall be required to carry such insurance as specified herein. Such Contractor and
pennittee shall procure and maintain for the duration of the Agreement or permit insurance
against claims for injuries to persons or damages to property which may anse from or in
connection with the perfonnance of the work under the Agreement or pennit, either by the
Contractor, pennittee, or their agents, representatives, employees or subcontractors.
A Contractor or pennittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage, provided that when the estimated cost of the
work in question does not exceed $5,000, the required limit shall be $500,000;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for
bodily injury and property damage;
C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as
required by the Labor Code of the State of Illinois and Employer's Liability limits of
$1,000,000 per accident.
Any deductibles or self - insured retention must be declared to and approved by the Village. At the
option of the Village, either the insurer shall reduce or eliminate such deductible or self - insured
retention as respects the Village, its officers, officials, employees and volunteers; or the Insured
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses to the extent of such deductible or self - insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
(1) The Village, its officers, officials, employees and volunteers are to be covered as
additional insureds as respects: liability arising out of activities perfonned by or on
behalf of the Insured; premises owned, occupied or used by the Insured. The coverage
shall contain no special limitations on the scope of protection afforded to the Village,
its officers, officials, employees, volunteers or agents.
(2) The Insured's insurance coverage shall be primary insurance with respect to the
Village, its officers, officials, employees, volunteers and agents. Any insurance or
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self - insurance maintained by the Village, its officers, officials, employees, volunteers
or agents shall be in excess of the Insured's insurance and shall not contribute with it.
(3) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Village, its officers, officials, employees, volunteers or
agents.
(4) The Insured's insurance shall apply separately to each covered party against whom
claim is made or suit is brought except with respect to the limits of the Insurer's
liability.
E. Worker's Compensation and Employer's Liability Coverage: The policy shall waive
all rights of subrogation against the Village, its officers, officials, employees,
volunteers and agents for losses arising from work perfonned by the Insured for the
Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified snail has been given to the Village. Each insurance
policy shall name the Village, its officers, officials and employees, volunteers and agents as
additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less
than A: VII.
Each Insured shall furnish the Village with certificates of insurance and with original
endorsements effecting coverage required by this provision. The certificate and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms
approved by the Village and shall be subject to approval by the Village Attorney before
work commences. The Village reserves the right to require complete, certified copies of all
required insurance policies, at any tune.
Each insured shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
22) Safety: The Contractor shall be responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with the work of this Agreement. The
Contractor and any subcontractors shall comply with all the provisions of the Federal
Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended. Precaution shall be
exercised at all times for the protection of persons and property. The safety provisions of all
applicable laws, regulations and building codes shall be observed, including safeguards on
machinery and equipment, the elimination of hazards, and work safety training. In the event
of accidents of any kind which involve the general public and /or private or public property in
the Village, the Contractor shall immediately notify the Village. Upon request of the Village,
the Contractor shall provide such accounting of details and /or copy of written accident report
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as the Village may require.
23) Damages: The Contractor shall take all necessary precautions for the protection of public or
private property. The Contractor shall be responsible for damages on public or private
property resulting from careless operation of vehicles or careless handling of any receptacle.
All property which suffers damage (reasonable wear - and -tear excepted) caused by the
Contractor, including, but not limited to waste receptacles, sod, mailboxes, or recycling bins,
shall be repaired or replaced as soon as possible to equivalent quality at the time of the
damage, and at no extra charge to the property owner. If the Contractor fails to do so within
a reasonable period of tine, the Village may, after the expiration of a period of forty -eight
(48) hours after giving the Contractor notice in writing, proceed to repair or replace such
property as may be deemed necessary at the Contractor's expense. The Contractor agrees to
pay for said expenses within ten (10) days of receipt of said invoice.
24) Employees and Conduct: The Contractor shall undertake to perfonn all collection and
disposal services rendered hereunder in a neat, orderly, and efficient manner; to use care and
diligence in the performance of this Agreement; to provide neat, orderly, and courteous
personnel on its collection crews; and to provide courteous and knowledgeable personnel in
its customer service function.
The Contractor shall prohibit any drinking of alcoholic beverages or use of any controlled
substance, except by a doctor's prescription, by its drivers and crew members while on duty,
or in the course of perfonning their duties under this Agreement.
In the event that any of the Contractor's employees are deemed by the Village to be unfit or
unsuitable to perfonn the services under this Agreement as a result of intoxication, drug use,
or by virtue of abusive or obnoxious behavior, then, upon fonnal written request of the
Village, the Contractor shall remove such employee from work within the Village and furnish
a suitable and competent replacement employee.
The Contractor's drivers and crew members shall be attired at all tines in a neat, professional
manner. All pennanent collection employees shall be required to wear a work unifonn. Said
uniform shall include a shirt or jacket that clearly indicates that the employee is employed by
the Contractor. The Village has the right to require or define what shall be considered
suitable work clothes for collection employees.
All vehicle operators shall carry valid Illinois State driver's licenses for the class of vehicle
operated. Vehicle operators shall obey all traffic regulations, including weight and speed
limits.
25) Equal Opportunity: The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, ancestry, national origin, place of birth,
age or handicap unrelated to bona fide occupational qualifications.
26) Non - Performance; Default: If the Contractor fails to observe the established schedule of
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service for more than two (2) consecutive working days, the Village shall reserve the right to
detennine if there has not been sufficient cause to justify such lack of observance. If in the
Village's judgment sufficient cause has not been demonstrated, then the Village shall serve
notice either personally or by affixing such notice to the premises of the servicing location of
the Contractor stating that this Agreement shall be deemed in default if the Contractor does
not take action to re- establish the schedule within twenty -four (24) hours of said notice. If at
the end of the twenty -four (24) hour period the Contractor has not made the necessary
correction, the Village shall take such steps as are necessary to furnish services according to
the collection requirements provided for in this Agreement. The Contractor shall be liable
for any costs of such steps from the date of the notice of default. The Village shall further
reserve the right to tenninate this Agreement.
27) Indemnity: The Contractor shall indemnify, defend, save, and hold harmless the Village,
individually and collectively, its officers and employees, from any and all liability, losses,
costs, expenses, demands, taxes, claims, damages, lawsuits, proceedings, or causes of action,
including workers' compensation claims, of any kind or nature whatsoever, including
reasonable attorney's fees and costs of defense, that the Village may suffer, incur, sustain, or
become liable for, on account of any injury to or death of its employees, or injury or death to
any other person, or damage to or injury to real estate, or personal property, or any other
damages claim, in any way resulting from ansing out of, in connection with, or pursuant to
this Agreement, caused by the operations of the Contractor, its agents, retailers, employees,
or any subcontractors in performance of the services to be conducted, including ownership,
maintenance, use, operation, or control of any vehicle owned, operated, maintained, or
controlled by the Contractor or subcontractor.
The Contractor shall, at its own expense, appear, defend, and pay all reasonable fees of
attorneys and all costs and other expenses ansing there from or incurred in connection
therewith; and if any judgments shall be rendered against the Village in any such action, the
Contractor shall, at its own expense, satisfy and discharge same.
The Contractor further agrees to indemnify, defend and hold harmless the Village from all
liability (including attorneys fees) for removal or remedial actions under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (also known as
Superfund) or comparable state law incurred as the result of the disposal under the Service
Agreement after the date hereof of the Village's waste materials.
For purposes of this indemnification, "Facility" shall mean those disposal facilities owned by
the Contractor or owned by a company under common ownership and control of the
Contractor.
The Contractor expressly understands and agrees that any perfonmance bond or insurance
protection required by this Agreement, or otherwise provided by the Contractor, shall in no
way limit the responsibility to indemnify, keep and hold hannless, and defend the Village,
and to pay expenses and damages as herein provided. The Contractor shall not be liable for
any liability or claims of liability resulting from the willful misconduct of the Village, its
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agents, or employees.
28) Payment: The Village authorizes the payment of invoices on the second and fourth Tuesday
of the month. For consideration on one of these dates, payment request must be received no
later than fourteen (14) days prior to the second or fourth Tuesday of the month.
29) Execution of Documents: The Contractor, in signing this Agreement on the whole or on any
portion of the work, shall conform to all the requirements listed herein this Agreement
document.
30) Award of Contract: The Agreement shall be deemed as have been awarded when formal
notice of award shall have been duly served upon the intended awardee.
31) Non - Discriminating: The Vendor, its employees and subcontractors, agrees not to commit
unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human
Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and
rules applicable to each.
32) Contractor Offices and Points of Contact: The Contractor shall establish and maintain an
office through which it may be contacted directly, where the public and Village personnel
may call in or send inquiries and complaints, and where the public and Village personnel may
send and receive instructions. The office shall be equipped with sufficient telephones, and
shall have a responsible person in charge during collection hours. This service shall be
operated between the hours of at least 7:30 AM to 4:00 PM, Monday through Friday, except
during holidays as listed in paragraph 20, or as otherwise directed by the Village. The
telephone service shall be a local exchange or on a toll -free basis. The Village will publicize
the customer service telephone number(s) of the Contractor. In addition, a telephone number
by which the Contractor may be reached after regular hours shall be provided to the Village
for use by Village personnel.
The Contractor shall assign a specific route manager to the Village who shall serve as a
contact to Village staff in resolving issues. The route manager shall provide the Village with
a cell phone number which may be used to contact them at any time.
The Contractor shall also take out an advertisement in the next edition of the local Ameritech
telephone book to be issued, listing its naive, office address, and telephone number.
The Contractor shall identify the location, telephone number(s), and mailing address of the
office, the garage area, and any processing facility, that will be used to service the Village.
The Village reserves the right to visit and inspect such facilities, with reasonable notice. The
Contractor shall also notify the Village of its designated contact person(s) for the purposes of
obtaining instructions, answering inquiries, and resolving complaints. Such person(s) shall
be available to discuss, and if necessary, meet with Village personnel to resolve problems.
33) Proper Disposal or Processing: The Proper Disposal or Processing shall include:
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(a) General Requirements: The Contractor shall at all tunes use disposal methods that are in
compliance with all Federal, State, County, and local laws, ordinances, and regulations. The
Contractor shall be responsible for all collection and transportation costs necessary to bring
refuse and yard waste to a disposal site, and shall be responsible for the payment of all
tipping fees for refuse and yard waste (landscape and leaf waste). The term "disposal" shal•1
have different meanings. ' For refuse, it shall mean landfilling; for yard waste, it shall mean
composting or an equivalent agronomic application. The tenn "disposal" shall not include
"processing" of recyclables. The Contractor shall be responsible for all collection and
transportation costs necessary to bring recyclables to the respective processing facility
designated by the Contractor.
All refuse and yard waste collected shall be removed from the Village as soon as the
materials are collected, but in any event, no later than 6:00 PM on the date of collection. The
refuse and yard waste shall be disposed of and the recyclables taken to the facility designated
by the Contractor.
(b) Disposal of Refuse: The Village reserves the right to approve the landfill site location the
Contractor intends to use for the disposal of refuse collected at the curbside. The Contractor
shall provide the naive and location of this disposal site, and alternative sites, in accordance
with Exhibit 6.
(c) Yard Waste Requirements: Throughout the tenn of this Agreement, the Contractor shall
own, co -own, rent, lease, control, or otherwise have access to a properly licensed and
pennitted composting facility of sufficient capacity for the disposal of yard waste. The
Contractor shall be solely responsible for compliance with all Federal, State, County, and
local laws, ordinances, and regulations governing the disposal of yard waste at such a
composting facility.
The Contractor shall furnish the naive and location of the composting facility intended to be
used during the tenn of this Agreement. Upon request of the Village, proof that such facility
complies with all laws and regulations governing such facilities shall be furnished to the
Village. The Village reserves the right to visit and inspect such facilities with reasonable
notice. This shall not preclude the Contractor from changing the disposal location to a
reasonable alternate site, but the Contractor shall notify the Village of any changes. Upon
request of the Village, the Contractor shall furnish evidence of arrangements assuring
availability of adequate composting facility capacity for disposal of yard waste collected
under this Agreement.
(d) Recycling Requirements: Throughout the term of this Agreement, the Contractor shall
deliver all recyclables collected in the Village to the facility designated by the Contractor.
The Contractor shall be responsible for payment of all necessary fees that may be charged by
the processing facility or other site designated by the Contractor.
No disposal of recyclables in a landfill or incinerator by the Contractor shall occur without
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the Village's knowledge and authorization. Doing so may result in termination of this
Agreement. Upon request of the Village, evidence deemed acceptable by the Village shall be
submitted as proof that all recyclables collected in the Village are being delivered to the
facility.
(e) Revenues from Recyclables: The Contractor will retain 100% of the proceeds from the
sale of recyclable materials and all recycling revenues paid to the hauler.
34) Customer Notification: It shall be the Contractor's responsibility to design, print and
distribute a written letter to each household explaining the program outlined in this
Agreement document. Said letter must be distributed by the Contractor at least two weeks
prior to the date of service change, to the extent that the new Contractor will continue with
the service collection schedule under the old service schedule to allow for the two (2) week
advance notice of service change. Said letter and its distribution method are subject to the
Village's approval.
35) Holidays: For the purpose of this Agreement, the following holidays shall be deemed
official holidays:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Should any of the aforementioned occur on a regularly scheduled collection day, the
collection of that day shall be rescheduled to the next day and all the subsequent collection
days following the holiday shall occur one day behind schedule until the beginning of the
next full week.
36) Hours and Standards of Collection: The Contractor shall not commence work before 6:00
AM and shall cease collection by 6:00 PM. The Contractor shall furnish sufficient numbers
of vehicles and personnel to accomplish the work within this period, irrespective of adverse
conditions, breakdowns, or similar hindrances. The Contractor's crews shall endeavor to
work with as little noise, disturbance, and disruption to residents as possible.
The Contractor shall be responsible to coordinate with schools within the Village of Oak
Brook hours for collection for the areas adjacent to the schools to prevent conflict with
Contractor services and school traffic.
The Contractor shall be responsible to collect all refuse, recyclables, and yard waste from the
curbside. All such materials shall be properly prepared as specified in subsection E -2. The
Contractor shall not be responsible for collection of items that are not properly prepared
provided that the hauler places a sticker on any item(s) not collected indicating the reason
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why it could not be collected. Residents are also responsible for placing disposal units close
to the curb (or in those areas without curbs, placing them in an equivalent position) so that
they are easily accessible to the collector. The Village agrees to enact and reasonably enforce
such ordinances as are necessary to achieve compliance by its residents with such
requirements.
The Contractor shall return all containers (upside down where practical) at each stop to the
general location at which they were found, except that bins shall not be placed in the middle
of driveways, in driveway aprons, or near the curb in such a manner as to risk their blocking
the sidewalk, falling into the street or being hit by a vehicle.
The Contractor shall handle all containers with reasonable care to avoid damage and spillage.
Any contents spilled or items broken by collection crews onto Village parkways, premises,
curb- and - gutter, or streets shall be immediately cleaned up in a workmanlike manner. In
order to clean up, a broom and shovel shall be required on each vehicle. The Contractor shall
not be responsible for collecting or cleaning up refuse, recyclables, or yard waste litter that
has blown, fallen, leaked or been scattered from bags, cans, bins, or other containers onto
private property.
37) Missed Pick -ups and Complaints: The Contractor shall promptly investigate and
courteously resolve all complaints of missed pick -ups, and shall arrange for collection of
missed pick -ups found to be valid within twenty -four (24) hours after a complaint or
notification is received. In the event this occurs on a day preceding a holiday or weekend, the
complaint shall be serviced on the next working day. The Contractor and the Village agree to
jointly establish reasonable administrative regulations for the investigation and resolution of
alleged missed pick -ups.
In the event of valid complaints for other incidents, including, but not limited to, breakage of
glass during collection of recyclables; items of refuse, recyclables, and /or yard waste dropped
during collection; and the like that are not cleaned up by the collection crew, the Contractor
shall immediately arrange for,clean -up after a complaint or notification is received. The
subject area must be cleaned up immediately and in no case longer than twenty -four (24)
hours from the time the incident is reported.
The Contractor shall maintain a daily log of complaints received. A copy of these complaints
and their resolution shall be given to the Village at the end of each month.
38) Report Cards: The Contractor shall implement a public information program whereby the
Contractor's employees will leave recyclable material that is improperly prepared at the curb
in the recycling along with a checklist ( "report card ") indicating the reason the recyclable
material was rejected.
The Contractor shall also implement a public infonmation program whereby the Contractor's
employees will leave refuse, bulk items, white goods and landscape waste at the curb when it
has been improperly prepared along with a "report card" indicating the reason the materials
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were rejected.
The "report cards" shall be Initialed by the Contractor's employees for tracking purposes.
The contents of the written report cards must be approved by the Village before
implementation of the Report card program by the Contractor. A sample report card is
attached as Exhibit 4.
39) Vehicles /Equipment: The Contractor shall furnish a complete list of the vehicles /equipment
to be used in servicing this Agreement according to paragraph 20 and attached as Exhibit 6.
The Village reserves the right to request descriptive literature or specification sheets for each
type of vehicle listed as it deems necessary to detennine additional details to evaluate the
Contractor's proposal, or to properly administer specifications of this Agreement. Upon
request of the Village, the Contractor shall demonstrate that collection equipment is suitable
for the materials to be collected. The Contractor shall notify the Village if there is any
change in the number of vehicles being used.
All vehicles shall be maintained in good working order and appearance, free of rust, and shall
be clean at the start of each collection day. No vehicle shall be operated on Village streets
which leaks any fluids from the engine or compacting mechanism. In the event that any
vehicle is not properly operable, a substitute vehicle shall immediately be provided that
complies with the terns herein. All vehicles shall display the naive of the Contractor, a local
phone number, and vehicle identification number that is clearly visible on both sides.
All vehicles shall be fully enclosed, leak - proof, and operated in such a way that no refuse,
recyclables, or yard waste leaks, spills, or blows off the vehicles. Should any refuse,
recyclables, or yard waste leak, spill, or blow off a vehicle due to the vehicle operator's
failure to properly monitor the load or to close openings, or due to failure of any mechanism,
the Contractor shall be responsible for collecting or cleaning up such litter or fluids. If such
litter or fluids are not cleaned up after notice (verbal or written) from the Village, the Village
may clean up same, and the Village may bill the cost to the Contractor for services rendered.
Drain plugs, if available, shall be kept closed, except during collections in rainy weather. All
vehicles shall be made available for inspection during regular business hours at the request of
the Village.
Refuse, recyclables, and yard waste shall each be collected in separate vehicles and shall not
be commingled.
40) Title to Refuse, Yard Waste, and Recyclables: Title to all refuse, yard waste, and
recyclables shall pass to the Contractor when the materials are placed into the collection
vehicle.
41) Notifications: Official notifications, whenever required for any purpose under this
Agreement, shall be made in writing and addressed to the Village of Oak Brook as follows:
Village of Oak Brook
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Village Manager's Office
1200 Oak Brook Road
Oak Brook, IL 60523
(630) 990 -3000
If to the Contractor:
BFI
General Manager
5050West Lake Street
Melrose Park, IL 60160
(708)345 -7050
Any party may change the address to which notices for such party may be sent by furnishing
written notice to the other party.
All notifications shall be delivered in person or sent by first -class snail, with sufficient
postage fully pre -paid, or certified or registered /return receipt requested snail with sufficient
postage and certification or registry fees fully pre -paid. Notice delivered personally shall be
deemed received upon delivery. Notice delivered by mail shall be deemed to have been
given as of the date of the U.S.P.S. postmark.
42) Local Improvements: The Village reserves the right to construct any improvement or to
pen-nit any construction in any street, which may have the effect for a time of preventing the
Contractor from traveling its accustomed route or routes for collection. The Contractor shall,
however, by an acceptable method, continue to collect the refuse, recyclables, and yard waste
to the same extent as though no interference existed upon the streets fonnerly traversed. This
shall be done at no extra cost to the Village or residents. The Village agrees to work with the
Contractor to resolve any problems due to construction activity.
43) State Disposal Legislation; White Goods, Large Items: The Contractor shall be aware of
impending State of Illinois deadlines established by legislation for implementation of
restrictions on disposal of certain wastes, and shall be responsible for compliance with such
legislation.
In particular, the Contractor shall be aware of the July 1, 1994 "White Goods" and tire
landfill ban. The Contractor shall be responsible for compliance with this legislation and
shall offer white goods and tire collection and disposal at no additional cost to customers
other than the equivalent cost to dispose of one disposal unit per appliance or tire.
44) Public Information: The Contractor shall provide all initial public information necessary to
inform customers about the services provided under the new Agreement. This shall include
all preparation, printing, and mailing /delivery costs. Infonnation to be provided shall include
(at a minimum) an initial brochure, updates to the brochure as needed, additional print runs of
the brochure as needed, and follow up flier. The Contractor shall provide an annual calendar
15
of collection events that will be distributed to the residents. The Contractor shall continue to
assist the Village in the development and maintenance of a Public Information Program in
order to keep residents /customers infonned on all aspects of the refuse, recyclables and yard
waste pick up programs during the entire term of this Agreement. All information shall be
subject to the approval of the Village.
The Contractor will provide information to each residence explaining the services to be
provided by the Contractor; including refuse, recycling, and yard waste collection
procedures, pricing for services, holiday schedules, hours, standards, and days of collection,
and complaint procedures.
The Contractor will complete the printing of the introductory educational materials, at a
minimum to include the brochure and calendar, for delivery to residents prior to the
beginning of the new agreement tern, but no later than November 15, 2004. All materials
must be delivered to residents prior to the start of the new agreement tern. Additional copies
of all materials, as needed, will be made available to the Village. The Contractor shall
complete the preparation of all other materials needed for the implementation of this program
(i.e. stickers, etc) prior to November 15, 2004 as well. The Village will review and approve
all public information materials.
Upon request, the Contractor shall provide the Village with any educational materials
deemed necessary by the Village. Infonnational materials shall include, but are not limited to
notices left at resident's property clearly explaining the reason(s) services (refuse, yard waste
or recycling collection) were not provided and what actions, if any, can be taken by the
resident in the future to insure collection of materials. Such notices are to be written,
designed and printed by the Contractor but shall be approved in advance of their use by the
Village.
45) Collection from Government Facilities: The Contractor shall provide, at no additional cost
to the Village, regularly scheduled refuse, yard waste, and recyclable materials collection and
disposal, including the furnishing of all needed containers, to all Oak Brook municipal
facilities which include: the Butler Government Center (Village Hall, Oak Brook Historic
Society Museum, Police Department and Fire Station I) and Fire Station 2; the Public Works
Facility; Oak Brook Public Library; Oak Brook Sports Core including the Administration and
Maintenance buildings and the Oak Brook Golf Course Administration and Maintenance
Building (disposal units greater that 8 yards, including roll offs, restaurant and banquet hall
waste, is excluded under this provision), as listed in Exhibit 3. The Village reserves the right
to add regularly scheduled service to new or existing municipal facilities.
46) Special Pick -Ups: Any residents wanting to dispose of large quantities of refuse, yard
waste, and /or construction debris (in excess of approximately 2 yards) shall have the ability
to obtain competitive prices for such services from local based contractors and select any
contractor they desire to perform such services. The resident will be responsible for the
payment of said services and all such arrangements shall be made between the hauler and the
resident. The decision of any Village resident to hire a private Contractor for special pick-
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ups shall have no effect on the terms of this Agreement.
47) Transition Period/" Grace" for Customers: For the first four (4) weeks of pick -ups, and
not beyond the first four (4) weeks of pick -ups of the Spring 2005 season, at each residence
under the new agreement the Contractor shall accept and honor, without additional
remuneration, yard waste (landscape and leaf waste) properly set out for collection according
to the prior Solid Waste Collection Agreement. That is, residents may utilize stickers
purchased under the previous Agreement for the first four (4) weeks of yard waste pick -ups.
The Contractor shall leave specific information for the customer about any changes to the
program if the items are not set out in accordance with the new Agreement provisions.
In addition, the initial sixty (60) days of the Agreement from November 1, 2004 through
December 31, 2004 shall exist as a grace period. During this time period, the Contractor
shall continue the full waste hauler collection service in effect under the current agreement to
allow for the proper notifications, billing procedures revisions if applicable, etc., to be
established. All collection fees during this period shall continue under the agreement in place
as of October 1, 2004.
48) Law to Govern and Venue: This Agreement shall be governed by the laws of the State of
Illinois, both as to interpretation and performance, and the venue shall be DuPage County,
Illinois. Every provision of law required by law to be inserted into this Agreement shall be
deemed to be inserted herein.
The invalidity of one or more of the phrases, sentences, clauses or subsections contained in
this Agreement shall not affect the validity of the remaining portion of this Agreement so
long as the material purposes of this Agreement can be detennined and effectuated.
49) Successors and Assigns: This Agreement shall be binding upon the parties, their successors
and assigns.
50) Right to Require Performance: The failure of the Village at any time to require
performance by the Contractor of any specifications in this Agreement shall in no way affect
the right of the Village hereafter to enforce same.
Nor shall waiver by the Village of any breach of specifications in this Agreement be taken or
held to be a waiver of any succeeding breach of such specifications in this Agreement, nor be
taken or held to be a waiver of any specification itself.
51) Change in Service; Amendments: If the Village should wish to change the type of service
provided during the tern of this Agreement, including, but not limited to, type of material
collected, method of handling, and /or method of collection, the Village shall have the option
to initiate the change in service by serving written notice to the Contractor at its designated
place of business at least sixty (60) days prior to the date such service change is contemplated
to begin. Both parties agree to negotiate the terns, frequency, and prices of such change in
service after such written notice is served, unless such pricing options were submitted in the
17
Contractor's original proposal, those options may be implemented with just the minimum
sixty (60) days notice. Such modifications shall be contained in a written agreement
executed by the parties. Should the Contractor fail to negotiate in good faith, the Village
reserves the right to tenninate the agreement.
52) Data Collection and Reporting: The Contractor shall collect and maintain accurate data,
records, and receipts, and shall report to the Village pertinent data of the refuse, recyclables
and yard waste collection prograrn, including, but not limited to:
a) Total weight and cubic yardage of refuse, recyclables, yard waste, and Village office
recycling program collected per month; same data for multi - family collections (if
applicable)
b) number and weight of white goods collected per month
c) number of yard waste stickers sold per month at each outlet
d) total number of customers (if requested, broken out by service option and /or address)
e) recycling participation rates
f) log of telephone calls and written correspondence from Village residents including, but
not limited to; customer name /address, date, concern, and action taken.
The Village reserves the right to request any or all of the above data by route. For the
purposes of this subsection, a route shall mean each separate collection day.
With reasonable notice, the Contractor shall pen-nit the Village or its authorized designees to
inspect and examine all records during regular business hours pertaining to the collection,
transportation, disposal, and processing of all refuse, recyclables and yard waste which
occurs under this Agreement.
Monthly reports containing the above infonnation shall be delivered to the Village by the
Contractor no later than 15 days after the close of the month. At the request of the Village,
reports shall follow a format prescribed by the Village.
The Contractor shall also provide such operational or customer data, infonnation, or
statistical material concerning refuse, recyclables and yard waste collection as may be
reasonably requested by the Village from time to time.
Notwithstanding the foregoing, the Contractor shall cause the manufacturer or distributor of
waste stickers to certify to the Village every six (6) months during the term of this
Agreement, the number of waste stickers delivered to the Contractor and the cost thereof.
The Contractor shall certify and affinn this number to the Village. Any fraudulent data that
is reported will be cause for the Village to tenninate the Agreement, at the Village's
discretion.
The data shall be used for purposes including, but not limited to, publicizing recycling
participation rates and quantities and other statistics to residents; and documentation of
amount of Village waste generation,. diversion, and recycling or other reporting requirements
as may be required by the State of Illinois, DuPage County, or other agencies during the term
of this Agreement.
All reports, data and infonnation, once supplied to the Village shall become the property of
the Village.
53) Christmas Tree Collection: The Contractor shall provide a special collection for Christmas
trees for a two (2) week period during the first two weeks in January. The Contractor agrees
to perform this once a year service at no charge to either the Village or customers during the
entire term of this Agreement.
54) Bankruptcy: If the Contractor shall at any time during the teen of this Agreement become
insolvent, or if proceedings in bankruptcy shall be instituted by the Contractor or if
proceedings in bankruptcy shall be instituted against the Contractor, or if the Contractor shall
be adjudged bankrupt or a receiver of any property of the Contractor shall be appointed in
any suit or proceedings brought by or against the Contractor, or if the Contractor shall snake
an assignment for the benefit of creditors, then in each and every case, this Agreement and
the rights and privileges granted hereby may, at the option of the Village, immediately cease,
detennine and be forfeited and canceled. The Contractor warrants to list the Village as a
creditor in any bankruptcy filing.
55) Litigation: In the event that litigation should be filed against the Village which contests the
right of the Village to award the limited exclusive refuse, recycling and yard waste collection
status granted herein, the Contractor shall pay all legal fees and other costs incurred by the
Village in defending the teens of this Agreement. If a trial court should hold that the
granting of this limited exclusive right was improper, either party may elect to tenninate this
Agreement upon at least 60 days prior written notice. Provided, however, that the
tenniriation of the Agreement shall not end the obligation of the Contractor to pay the legal
fees and costs of the Village so long as such litigation is continued by any party.
56) Counterparts: This Agreement may be executed in multiple counterparts, each of which
shall be deemed to be and shall constitute one and the same instrument.
SECTION IV: Waste and Recyclables Collection Program Description
57) Definitions: For the purposes of this Agreement, definitions of certain tens shall be as listed
below. Other teens shall be as defined within applicable subsections.
(a) "Refuse" shall mean all discarded and unwanted putrecible and nonputrecible household and
kitchen wastes, including but not limited to, food, food residues, and materials necessarily used
19
for packaging, storing, preparing, and consuming same, usually defined as "garbage "; and all
combustible and non - combustible waste materials resulting from the usual routine of domestic
housekeeping, including, but not limited to, aluminum and steel cans; glass containers; plastic
containers; crockery and other containers; metal; paper of all types, including newspapers, books,
magazine, and catalogs; boxes and cartons; cold ashes; furniture, furnishings, and fixtures,
household appliances of all kinds; tire, textiles and leather; animal waste; toys and recreational
equipment; and similar items. For the purposes of this Agreement, the tenns "garbage ", "refuse ",
"rubbish ", and "waste" shall be synonymous unless otherwise more specifically defined (for
example, "yard waste ").
(b) "Recyclables" or Recyclable Matenal(s) shall mean at a minimum brown paper bags,
corrugated boxes, frozen food packages, magazines & catalogues, mixed paper, newspaper,
paperboard, telephone books, wet strength carrier stock, aerosol cans, aluminum cans, aluminum
foil, aseptic packaging & gable top containers, formed steel containers, glass bottles & jars,
HDPE ( #2) plastic containers, PET( #1) plastic containers, plastic six & twelve pack rings,
polystyrene( #6), steel cans, steel paint cans & lids, in addition to any other items which a
Processing Facility may accept at the facility. The Contractor has the option to select an IPF
under the tenns of this Agreement. The Contractor must attach a listing of the recyclables
accepted by an IPF, which must at least equal the items accepted in Oak Brook under the current
agreement.
(c) "Yard waste" (also known as "landscape waste ") shall mean grass clippings, leaves, branches
and brush, other yard and garden tnimnings, vines, garden plants, and flowers, weeds, tree
droppings (for example, pine cones and crabapples), and other similar organic waste materials
accumulated as the result of the cultivation and maintenance of lawns, shrubbery, vines, trees,
and gardens. Sod, dirt, Christmas trees, and greenery from wreaths and garlands shall not be
considered yard waste and shall be disposed of as refuse, unless the composting facility will
accept it.
(d) "Leaf Waste" (also known and treated as "Yard Waste ") shall mean only leaves accumulated
as the result of the cultivation and maintenance of lawns, shrubbery, vines, trees, and gardens
during the seasonal changes.
(e) "Household Construction and Demolition Debris" or "Debris" shall mean waste materials
from interior and exterior household construction, remodeling and repair projects, including, but
not limited to drywall, plywood, and paneling pieces, lumber, and other building materials;
windows and doors, cabinets, carpeting, disassembled bathroom and kitchen fixtures; and small
amounts of sod, earth, clay, sand, concrete, rocks, and similar materials. Such debris shall
confonn to the following: loose small items shall be placed in suitable disposable containers not
exceeding fifty (50) pounds in weight, or in bundles not exceeding two (2) feet in diameter, four
(4) feet in length, and fifty (50) pounds in weight. Materials not confonning shall not be
considered as household construction and demolition debris, and shall be subject to special
collection requirements as specified in Paragraph 40.
M "Stop" shall have different meanings, as follows:
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(1) For the purposes of collection from any single family detached, duplex, and single family
attached (townhouse) or multi - family dwellings of six (6) units or less, which are not located
within a complex in which refuse generated from the residents is placed in a common waste
container (i.e. dumpster or roll -off); the tern "stop" shall be synonymous with the tern
"household ". In this instance, single households will be counted for the purpose of defining the
extent of the collection services to be provided and of detennining the amount of refuse,
recyclables, and yard waste to be collected.
(2) For the purposes of collection from any multi - family dwellings serviced by a common waste
container (i.e. dumpster or roll -off); the teen "stop" shall be synonymous with the tern "refuse
area" (i.e. partially enclosed area where dumpsters are placed - most complexes have several
designated "refuse areas "). In this instance, single "refuse areas" will be counted for the purpose
of defining the extent of collection services to be provided and of determining the amount of
refuse, and recyclables collected.
(g) "Curbside" shall mean adjacent to the street pavement, alley pavement and gutter and within
five feet thereof.
(h) "Large Household Item" (also known as "bulk item ") shall mean any discarded and unwanted
large household appliances and furnishings, including, but not limited to: refrigerators, freezers,
stoves, trash compactors, washers, dryers, dishwashers, furnaces, hot water heaters, air
conditioners, furnaces, humidifiers, dehumidifiers, microwaves, water softeners, televisions,
pianos, organs, tables, chairs, mattresses, box springs, bookcases, sofas, and similar furniture.
All "white goods" including those containing CFCs (chlorofluorocarbons), switches containing
mercury, and PCBs (polychlorinated biphenyls) shall fit within this definition.
(1) "Disposal Unit" shall have different meanings as follows:
(1) For the purposes of refuse collection, a "disposal unit" shall mean one (1) water -tight metal,
or plastic reusable waste container with handles, no larger than thirty -two (32) gallons in
capacity, unless clearly noted or intended to mean otherwise, or fifty (50) pounds in weight, one
(1) plastic or paper bag, box, carton, or other disposable container not to exceed thirty -two (32)
gallons in capacity and fifty (50) pounds in weight, containing refuse or household construction
and demolition debris as herein defined, securely tied or closed in such a fashion so as to prevent
the littering, leaking, or scattering of refuse or debris; or one (1) 64 gallon toter or one (1) 95
gallon toter unit; or one (1) securely tied bundle of refuse or debris which is not placed in a
container that does not exceed two (2) feet in diameter, four (4) feet in length, and fifty (50)
pounds in weight; or one (1) single miscellaneous or odd - shaped item of refuse or debris that
does not exceed fifty (50) pounds in weight. A large household item as is herein defined in
subsection (h) is to be considered a disposal unit and collected with the regularly scheduled
refuse collection. Two (2) yards of household construction and demolition debris as is herein
defined in subsection (e) is to be considered a disposal unit and collected with the regularly
scheduled refuse collection. If, as of the date of the execution of this Agreement, the toters in
use by residents are toters that cannot be emptied mechanically, or by other reasonable means,
i.e., bagged garbage within the toter, the resident will be notified by the Contractor, as provided
21
herein, that a compatible toter must be used. The Contractor agrees to replace the toter with two
(2) 35 gallon disposale units. (Upon request, the Contractor will collect at no cost the non -
compatible toter).
(2) For the purposes of yard waste collection, a "disposal unit" shall mean one (1) biodegradable
two -ply, fifty (50) pound wet - strength Kraft, or similar, paper bag designed for yard waste
collection not to exceed thirty -three (33) gallons in capacity and fifty (50) pounds in weight,
containing "yard waste" as herein defined, or one (1) water -tight metal or plastic reusable waste
container with handles, no larger than thirty -two (32) gallons in capacity or fifty (50) pounds in
weight and clearly marked "yard waste ", or one (1) securely tied bundle of brush or branches
using biodegradable cord, string, rope or twine that does not exceed fifty (50) pounds in weight,
two (2) feet in diameter, and four (4) feet in length, and is manageable by one (1) person.
(3) For purposes of multi- family refuse collection, a "disposal unit" shall mean a two yard
duinpster used by several multi- family units. If a larger duinpster is used, a "disposal unit" will
be calculated in two -yard measurements (i.e. a six (6) yard duinpster equals three (3) "disposal
units ").
Refuse collection will include everything defined in paragraph 57(a),(e) and (h).
0) "Household" shall mean a residential dwelling unit.
58) Day(s) of Collection: A one (1) day, Monday, collection schedule shall be established in
order to establish a uniform refuse and recyclable collection throughout the Village of Oak
Brook. Residents do have the option for an additional refuse collection, that is, Twice Per
Week Refuse Collection, as well as the option for "Rear Door Service" for either the Once
Per Week or Twice Per Week collection, all of which is done by separate Agreement between
the hauler and the individual. Refuse and Yard Waste collection is based on a flat rate
system and the second day pick -up shall be Thursdays of each week.
59) Collection Program: The pricing option that will prevail during this Agreement will be the
Flat Rate Unlimited Refuse and Unlimited Recycling Collection and Volume -based Yard
Waste Collection — Customer Billing (Exhibit IA) unless the Village at its sole discretion and
option elects to transition to the Flat Rate Collection Service — Municipal Billing (Exhibit
1B).
All "households," located within the Village's corporate boundaries shall be provided with
weekly curbside collection and disposal of all "refuse," all household "construction and
demolition debris," and all "large household items ".
All "households," located within the Village's corporate boundaries, shall be provided with
weekly curbside collection and proper disposal of all "yard waste ". Weekly yard waste
collection shall begin each year no later than April 1 and end on November 30 of that same year.
All "households," located within the Village's corporate boundaries, shall be provided with
22
seasonal curbside collection and proper disposal of all bagged "leaf waste."
All "households," located within the Village's corporate boundaries shall receive weekly
collection of all "recyclable materials."
All households receiving the aforementioned services shall be required to prepare all materials
for collection and /or disposal into proper "disposal unit(s)." The Contractor will be required to
collect properly prepared disposal units and take all recyclables to the proper recyclables
processing facility only.
The Contractor shall provide the following optional services for residents to have the following
optional collection services for the tenn of this Agreement:
a) Once - Per -Week Curbside, also referred to as Standard Service, "Flat Rate" collection
service of Refuse and Recyclables and "volume- based" Yard Waste (landscape and
bagged leaf waste);
b) Twice - Per -Week Curbside, "Flat Rate" collection service of Refuse and Recyclables
and "volume- based" Yard Waste (landscape and bagged leaf waste);
c) Once - Per -Week Back Door, "Flat Rate" collection service of Refuse and Recyclables
and curbside "volume- based" Yard Waste (landscape and bagged leaf waste)
collection;
d) Twice - Per -Week Back Door, "Flat Rate" collection service of Refuse and Recyclables
and curbside "volume- based" Yard Waste collection.
For any service to be perfonned under this Agreement, the charge shall not exceed the rates as
fixed by the Agreement. For items not otherwise provided for by the Agreement, and requiring
special handling due to size, weight, type of material or method of placement, the charges are to
be negotiated between the Contractor and the custome ,collection and disposal into a landfill
or processing facility in accordance with Paragrap 4�1 pecial Pick -ups. This shall include
construction and demolition debris and move -in, move -o can -up, among other items. Such
services shall be by advance arrangement with the Contracto �the us e r's request.
Payment shall be made directly by the customer to the Contractor.
60) Collection of Fees: The Contractor agrees to be solely responsible for the billing and
collection of all fees for refuse, yard waste and recyclables collection from all customers at
the rates listed in Exhibit 1 A and 1 B. The Contractor shall receive payment for all services
described in this Section through a refuse bill. For the Customer Billing Option outlined in
Exhibit 1 A, the Contractor shall invoice customers in at least quarterly increments. The
Contractor shall be responsible for billing each customer directly. This shall also include
collection of fees for special pick -ups.
The Contractor further agrees to be solely responsible for the collection of any delinquent
accounts and the disposition of all complaints regarding the fees for service. Where the
Contractor intends to tenninate collection service relative to a customer, the Contractor shall
notify the customer in writing, at least ten (10) days prior to the tennination of the collection
23
service, of the proposed termination date and the reason for said tennination. The Contractor
agrees to notify the Village Manager of any tenninated or discontinued service accounts
within one (1) business day following such tennination.
The Village reserves the right to require the Contractor to submit one (1) invoice for.the
billing and collection of all fees for refuse and recyclables collection from all residential
customers for "Once Per Week — Curbside Collection (Standard Service)" only ( "landscape,"
yard waste paid for by the residential customers) at the rates listed in Exhibit 1 B, Municipal
Billing. The Contractor shall be responsible for the billing and collection of all fees for
refuse and recyclables collection from all customers which exceeds "Once Per Week —
Curbside Collection (Standard Service)," toter rental or purchase, and for yard waste.
If invoiced to the Village of Oak Brook:
The Contractor shall invoice the Village of Oak Brook, 1200 Oak Brook Road, Oak Brook
Illinois, 60523 for all services described in this Section E, paragraph 51 -B through a quarterly
refuse bill which will be due on January 1, April 1, July 1, and October 1 of each year.
61) Recyclable Materials: Recyclables shall be at a minimum, those materials that are collected in
the Village of Oak Brook as of October 1, 2004, but shall add materials to the list from time to
time' at the request of the Village.
The recycling collection shall be dual stream curbside recycling and toter containers, when
designated and restricted to recycling materials, can be used by residents. All recyclable
materials as defined herein shall be collected from each household by the selected Contractor on
a weekly basis included as part of the monthly flat rate. A disposal sticker or bag shall not be
required to be attached to any recyclable materials prepared and set out properly by the residents.
The Contractor shall retain 100% of the proceeds from the sale of recyclable materials and all
recycling revenues paid to the hauler.
The method for preparing recyclables to be collected is to separate paper recyclables from non -
paper recyclables. Residents Pay continue to utilize their current container and methods of
preparation be maintained for the recyclable materials already collected within the Village.
It is the intent of the Village to collect any and all recyclables being accepted by recycling
processing facilities. As such, as items are added to the list of acceptable materials, the
Contractor shall add these items to the Village's curbside recycling program within thirty (30)
days notice by the Village. To meet this end, the Contractor shall supply a list of recyclable
materials that will be accepted. At a minimum, the Contractor must collect those items being
collected in the Village as of October 1, 2004.
62) Purchase and Rental of Toters: The Contractor will provide toter containers for purchase
or rental to residents by separate agreement between the customer and the Contractor
according to the rates listed in Exhibit 2. The customer can cancel without penalty, the
mutual agreement with the Contractor for the toter rental for any reason, provided that the
24
customer notifies the Contractor in advance of the last date of desired service. Should a toter
or other disposal unit be damaged by the resident, the resident shall pay for a replacement
toter. However, if the toter or other disposal unit is damaged by the Contractor's actions or is
otherwise defective, the Contractor shall be responsible for the replacement toter, at no cost
to the resident. Each disposal unit left for collection must weigh no more than 50 pounds and
be liftable by one person. Residents may continue to utilize their current disposal units.
63) Sticker Distribution: The Contractor shall be responsible for the printing, distribution and
sale of an ample supply of yard waste disposal stickers (meaning leaf and yard waste). The
Contractor shall arrange for at least three (3) local retail outlets to aid in the sale of the yard
waste stickers. The Village also agrees to act as a yard waste disposal sticker retailer to the
Contractor. The Village will not participate in the sale of yard waste disposal bags. The
Contractor shall also make yard waste stickers available through the mail. The Contractor
shall be authorized to add the cost of postage only to the cost of stickers sold through the
snail. The Village shall not incur any liability for retailers' payment or other obligations to
Contractor for the stickers. The Contractor shall be solely responsible for collection of
sticker sale proceeds. Residents shall have the right to purchase yard waste stickers in as
small a quantity as one (1) sticker at a tune. Please note if stickers can be ordered via the
internet.
The Contractor shall be pennitted to sell yard waste stickers to retailers on a billable basis only.
The Contractor shall not charge retailers or the Village for storage, handling, delivery, or any
other services associated with the distribution of yard waste stickers. The Contractor shall have
the right to cease supplying stickers to any retailer that repeatedly allows its sticker inventory to
run out. Retailers will be required to pay the Contractor for any previous order of yard waste
stickers before additional sticker orders are filled except in cases where the retailer works on a
thirty (30) day billing cycle. The Contractor shall have the right to cease supplying stickers to
any retailer who becomes more than thirty (30) days in arrears in making payments on its
account. The Contractor shall notify the Village of the naives of retailers to which the supply of
stickers has been suspended as soon as the suspension occurs.
64) Sticker Design and Accountability: The Village reserves the right to approve the fonn, design,
and wording of the yard waste stickers before their fabrication. Waste disposal stickers shall be
produced on paper and have an elongated rectangular fonn with minimum dimensions of 19
centimeters in length and 4 centimeters in width. The front of the disposal sticker shall be of a
bright, neon colored background and bear the Contractor's naive and phone number and the
Village's naive. In addition, the front of the sticker shall have the word "address" with a space
for residents to write their address if they so desire, and shall also have the date this Agreement
expires listed as an expiration date. The back of the stickers shall list instructions for proper use
of the stickers. The Contractor is responsible for all accounting of stickers. The Village
recommends the use of serial numbers to aid in accounting and deter counterfeiting. The Village
shall not be held liable for any counterfeiting of stickers that may occur. The stickers shall have
a good pressure sensitive adhesive that will adhere to disposal unit containers in all weather
conditions.
25
65) Honoring All Stickers: The Contractor shall agree to honor all waste stickers purchased by
residents throughout the tenn of this Agreement regardless of the price of the disposal sticker and
where purchased. The Contractor shall provide the same level of service for previously
purchased waste disposal stickers as provided for yard waste disposal stickers sold at an adjusted
sale price. For this reason, waste stickers shall be produced without a price printed on theirs.
66) Sticker Handling Fees: The Village reserves the right to allow retailers to charge a markup
(handling fee) to prevent loss of revenue from credit card purchases. This mark -up will be
limited to 2% above the Contractor's quoted waste sticker price. Such a mark -up shall be added
only at the retail level by the retailer and shall be retained by the retailer.
67) Seasonal Yard Waste and Leaf Waste Collection: The Contractor shall provide curbside
Seasonal Yard Waste including bagged Leaf Waste collection beginning April 1 and continuing
through November 30 (the season) of each year. The Contractor will also provide seasonal
subscription price for full season (April 1 through November 30) seasonal yard waste and leaf
waste collection for $175.00 for April 1, 2005 through November 30, 2005, for $182.50 from
April 1, 2006 through November 30, 2006, and $190.00 from April 1, 2007 through November
30, 2007.
68) Alternate Services Provided by the Contractor: Attached as Exhibit 5 is a list of Fees and
Service Descriptions for Leaf Collection, Natural Disaster Clean -Up, Hazardous Waste
Collection, Street Sweeping, and waste Roll Offs, that the Village may opt for at the Village's
sole discretion during the life of this Agreement.
26
IN WITNESS WHEREOF, the Village of Oak Brook has caused this Agreement to be
executed by its duly authorized officers; and, the Contractor has executed this Agreement in its
authorized corporate capacity this26tday ofOctober 2004 IN DUPLICATE.
VILLAGE OF OAK BROOK, an Illinois municipal corporation,
By: K�7 J, - I 'noo—', ,
zwo�
in Quinla
ATTEST:
-Q, h
Linda G nnella,
Village Clerk
CONTRACT(
Signature:
Print Name:
Title:
ReG(ONt)L )
tz
ATTEST:
1 e-
Signature: J,t
Print Name: j
Title:
27
Exhibit 1
Schedule of Rates
Exhibit 1 A: Customer Billing Rates
Exhibit 1 B: Municipal Billing Rates
Exhibit 1 A: Customer Billing Rates
Schedule of Rates
Options
Description
Year 1
Year 1
Year 2
Year 3
Current
November
January 1,
January 1,
January 1,
with BFI
1, 2004 to
2005 to
2006 to
2007 to
December
December
December
December
31, 2004
315 2005
31, 2006
31, 2007
Customer
Once -Per-
12.51
13.55
14.00
14.50
12.51
Billing
Week
Curbside
Twice -Per-
19.24
21.35
22.30
23.30
19.24
Week
Curbside
Once -Per-
19.09
20.00
20.75
21.45
19.09
Week Back
Door
Twice -Per-
28.64
29.90
30.95
32.00
28.64
Week Back
Door
Yard Sticker
1.82
1.96
2.05
2.14
1.82
Exhibit 1B: Municipal Billing Rates
Schedule of Rates
Options
Description
Year 1
Year 1
Year 2
Year 3
Current
November
January 1,
January 1,
January 1,
with BFI
1, 2004 to
2005 to
2006 to
2007 to
December
December
December
December
31, 2004
31, 2005
31, 2006
31, 2007
Municipal
Once -Per-
N/A
12.80
13.25
13.70
N/A
Billing
Week
Curbside
Twice -Per-
N/A
21.35
22.30
23.30
N/A
Week
Curbside
Once -Per-
N/A
19.90
20.60
21.30
N/A
Week Back
Door
Twice -Per-
N/A
29.15
30.15
31.20
NIA
Week Back
Door
Yard Sticker
N/A
1.96
2.05
2.14
N/A
Exhibit 2
Fees and Rates for Toter Rental and Purchase
Exhibit 2
Fees and Rates for Toter Rental and Purchase
Purchase Price for Toters:
1) 32 Gallon $ No Quotation
2) 64 Gallon $ No Quotation
3) 95 Gallon $ 75 00 + Delivery
Rental Fee Per Month for Toter Rental
TOTER
YEAR 1
YEAR 2
YEAR 3
RENTAL
(per month)
(per month)
(per month)
32 Gallon
$250
$2.60
$270
Toter
64 Gallon
$2.75
$285
$2.95
Toter
95 Gallon
$2.75
$285
$2.95
Toter
Exhibit 3
Schedule of Free Municipal Service by Location
Exhibit 3
Schedule of Free Municipal Service by Location
Refuse
Location
Container
Frequency
Village Hall
1 -2 yd
3x /week
Fire Station #1
1 -2 yd
2x /week
Fire Station #2
1 -2 yd
lx/week
Public Works
1 -8 yd
Ix/week
Sports Core Administration
1 -2 yd
2x /week
Golf Administration
1 -2yd
2x /week
Library
1 -2 yd
Ix/week
Old Butler School Museum
1 -2 yd
2x /week
Recycling
Location
Container
Frequency
Village Hall
1 -4 yd
lx /week
Village Hall
2 -90 gal.
Ix/week
Fire Station #1
2 -90 gal.
lx /week
Fire Station #2
2 -90 gal.
lx/week
Public Works
Sports Core Administration
Golf Administration
Library
2 -90 gal.
Ix/week
Old Butler School Museum
1 -2 yd
2x /week
Exhibit 4
Sample Report Card
Exhibit 4
Sample Report Card
Exhibit 5
Alternate Service Quotes
30% Post - Consumer
Appew
Alternate Proposal Description and Pricing for Leaf Hauling
BFI would provide these services through a sub - contractor These quotations are subject
to a definitive agreement and village approval of a sub - contractor agreement and disposal
site
Service Description
Leaves would be removed from a stockpile from a location supplied by the Village within
Village boundaries and transported to a permitted compost site or farmland for land
application (at agronomic rates), in accordance with applicable state law Contractor
would supply loading equipment. Material would be removed after completion of
stockpile. All material must be acceptable for composting
Pricing
For Fall 2004, pricing would be $5 95 per trailer yard Trailers must not exceed legal
weight limitations All trailers must be capable of being unloaded by dumping without
use of heavy equipment
A p p e adifl 2
Alternate Proposal
For Natural Disaster Clean -Up
"Cost per hour' is the hourly cost of a standard truck with a driver
"Gate rate" is the advertised or published cost per ton of disposal at the transfer station utilized
C___ wl /6->(7- "
Cost/Hour Disposal
Year 1
$7000 Gate Rate
Year 2
$73.50 "
Year 3
$7720 "
Year 4
$81.00 "
Year 5
$8500 "
"Cost per hour' is the hourly cost of a standard truck with a driver
"Gate rate" is the advertised or published cost per ton of disposal at the transfer station utilized
C___ wl /6->(7- "
! i i
30% Post - Consumer
s°
Appe
t
Alternate Proposal for Hazardous Waste Collection
Household Hazardous Waste Collection Event
BFI would make arrangements for a household hazardous waste drop off event with a
reputable, third party vendor in cooperation with the Village of Oak Brook, if the Village
would like. These services would be provided at cost These events require extensive
logistical preparation and careful contract review We would need more detailed
information on the specific requirements of the Village of Oak Brook, site availability,
f, scheduling, proposed limitations and restrictions on non - residents and other matters to
make a definitive proposal on a project of this type A reasonable timeframe for a
contract would be approximately 45 days with an event approximately 45 days later
Should a state - sponsored drop off event be scheduled near Oak Brook, a notice would be
placed on resident billing providing its schedule and a phone number and a web address
for detailed information
Regional Household Hazardous Waste Collection Site
The regional household hazardous waste collection site provides a convenient, cost
effective method of disposal of household hazardous waste disposal The drop off facility
is open six hours each Saturday and Sunday, which means that residents do not need to
store material until a drop off event is scheduled Funding is provided by the Illinois
Environmental Protection Agency and DuPage County Funds are generated from State
mandated disposal fees BFI would provide information about the waste collection site in
its guidelines brochure
The drop off facility is located behind Fire Station #4, 1971 Brookdale Road in
Naperville and is open Saturdays and Sundays, from 9 a.m to 3 p m, excluding holidays
South of Diehl Road off of IL Rte 59 north of the Fox Valley Mall on the eastern side of
IL Rte 59
Accepted items include Household cleaners, Drain opener, Paints (oil based only),
Mineral spirits, Strippers, Solvents, Insecticides, Herbicides, Flammables, Automotive
fluids, Fluorescent fixtures, Household batteries, Mercury, Unknown hazardous
substances
Not accepted. Explosives, Ammunition, Radioactive materials, Compressed gas, Latex
Paint, Trash and non - hazardous materials (small amounts of Latex Paint can be dried
with an absorbent like sand or kitty litter and then placed out with regular garbage with
the lid off the can)
Ap e diV 144
Alternate Proposal for Street Sweeping
BFI does not provide street sweeping services directly All services would be provided
through a sub - contractor These quotations are subject to a definitive agreement and a
sub - contractor agreement. Disposal of material is not included in the price below
Residential Streets
All residential streets would be swept ten times per year Pricing for the initial year would
be $3910 per sweeping
Commercial Streets
Commercial streets would be swept weekly except in winter months, November through
March Pricing for the initial year would be $785 per sweeping
Special Assignments
Equipment would be available for emergencies and special assignments 'Pricing would
be $98.00 per hour with a four -hour minimum. A one hour travel time charge is
applicable
Exhibit 6
Contractor Information:
Schedule 1: List of Municipal Clients
Schedule 2: Contractor's Vehicles and Equipment
Schedule 3: Recyclable Guarantee
Schedule 4: Qualification Statement
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Schedule 6.2 "List of Vehicles/Equipment" Attachment 2
Note 1- Service Description
The type of collection service shown by abbreviations The abbreviations are
RERL- rear loader residential service
FELR- front loader residential service
SL RECYC- side loader recycling service
RERL- rear loader recycling
R/O- roll off truck
RELC- rear loader commercial service
TRACTOR- semi - tractor
RELC RECY- rear loader commercial recycling
Note 2- Axle weight
The total empty weight of rear loader residential trucks is 32,300- 33,500 pounds The
front axle weight of a loaded truck of this type is 12,000 pounds. The rear axle weight of
a loaded truck of this type is 40,000 pounds on dual axles. These trucks design
specifications allow them to be fully loaded and not exceed legal maximum weights
The total empty weight of front loader residential trucks is approximately 35,000- 38,900
pounds The front axle weight of a loaded truck of this type is 12,000 pounds The rear
axle weight of a loaded truck of this type is 40,000 pounds on dual axles. These trucks
design specifications allow them to be fully loaded and not exceed legal maximum
weights
The total empty weight of side load recycling trucks is 31,000- 32,600 pounds The front
axle weight of a loaded truck of this type is 10,000 pounds The rear axle weight of a
loaded truck of this type is 34,000 pounds on dual axles. These trucks design
specifications allow them to be fully loaded and not exceed legal maximum weights
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List of Recyclables Accepted
Paper
Newspaper, including inserts
Cardboard boxes
Kraft (brown paper) bags
Magazines, catalogs, and telephone books
Office, computer, notebook and other mixed paper
Chipboard and paperboard
Carrier stock
Junk mail and envelopes
Containers
Glass bottles and jars- clear, brown and green
Aluminum cans, trays and foil
Formed steel containers and cans, including empty aerosol cans, empty paint cans and
lids
Aseptic packaging and gable top containers
PET # 1 containers
HDPE #2 bottles and jugs
PVC #3 narrow neck containers
LDPE #4 rigid containers
PP #5 containers
Polystyrene # 6 containers
# 7 narrow neck containers
Plastic six and twelve pack rings
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Schedule 6.4 "Contractor Qualification Statement" Attachment Page 1
Note 1- Supplemental Information Item 5.
BFI Waste Systems of North America, Inc is a wholly owned subsidiary of Browning-
Ferris Industries, Inc The ultimate parent is Allied Waste Industries, Inc (Browning -
Ferris Industries, Inc is a wholly owned subsidiary of the Allied Waste Industries, Inc )
The information for Allied Waste Industries, Inc is
Apollo Management IV LP 1301 Avenue of the Americas, NYC, NY 10019 20.66%
Capital Research and Management Company 333 S. Hope Street, Los Angeles, CA 90071 1063%
Note 2
Registrations
Charter No.
Alabama
Qualification
N/A
11/21/1991
Arizona
Qualification
F- 0048418 -8
11/22/1991
Arkansas
Qualification
CP00126452
11/8/1995
California
Qualification
C1811182
1 1/22/1991
Colorado
Qualification
19911094000
11/20/1991
Connecticut
Qualification
0267797
11/25/1991
Delaware
Incorporation
2263 847
5/23/1991
District of Columbia
Qualification
914267
11/21/1991
Florida
Qualification
P36354
11/20/1991
Georgia
Qualification
K120844
11/21/1991
Hawaii
Qualification
4/9/1998
6/13/2000
Idaho
Qualification
C 96790
11/21/1991
Illinois
Qualification
F 5657 -630 -4
10/21/1991
Indiana
Qualification
1992011226
1/7/1992
Iowa
Qualification
155263
1/7/ 1992
Kansas
Qualification
239 - 757 -8 FF
8/27/1996
Kentucky
Qualification
0295032
1/6/1992
Louisiana
Qualification
34397301 F
12/30/1991
Maine
Qualification
19920336 F
12/30/1991
Maryland
Qualification
F 03345667
12/30/1991
Massachusetts
Qualification
1 W4UB5
1/8/1992
Schedule 6.4, Note 2 continued
Registrations
Charter No.
Michigan
Qualification
626339
1/8/1992
Minnesota
Qualification
56909
6/26/1991
Mississippi
Qualification
642612
1/6/1992
Missouri
Qualification
F00371847
1/6/1992
Montana.
Qualification
F -022743
12/30/1991
Nebraska
Qualification
1160968
12/30/1991
Nevada
Qualification
12214 -1991
12/31/1991
New Hampshire
Qualification
163685
1/13/1992
New Jersey
Qualification
0100504062
12/30/1991
New Mexico
Qualification
1968890
11/4/1998
New York
Qualification
1629541
4/16/1992
North Carolina
Qualification
0304531
4/20/1992
North Dakota
Qualification
8,880,900
4/30/1992
Oluo
Qualification
871565
11/7/1995
Oklahoma
Qualification
2300558992
11/7/1995
Oregon
Qualification
292865 -80
4/22/1992
Pennsylvania
Qualification
6574 -016
4/22/1992
Rhode Island
Qualification
91027
8/27/1996
South Carolina
Qualification
N/A
5/6/1992
South Dakota
Qualification
FB- 014881
10/18/1991
Tennessee
Qualification
0252599
4/23/1992
Texas
Qualification
00091040 -06
3/27/1992
Utah
Qualification
1167649 -0143
4/22/1992
Vermont
Qualification
F189180
9/9/1996
Virginia
Qualification
F 110463 -9
Unknown
Washington
Qualification
601 385 300
4/16/1992
West Virginia
Qualification
41-169-6636-0018
8/7/1996
Wisconsin
Qualification
B033302
6/27/1991
Wyoming
Qualification
1992 - 00276016
8/31/1992
Page 2
Schedule 6.4 Attachment
Note 3- Key Individuals
Page 3
Peter Boonstra, General Manager, 20 years industry experience, 15 years as operations or
general manager managing residential contracts with similar services including 10 years
in these roles for the Village of Oak Brook
Steve Gatto, Operations Manager, 25 years industry experience, 25 years experience as
residential driver, residential supervisor, Residential Manager and Operations Manager
including 12 years in these roles for the Village of Oak Brook
Kirk Lang, Residential Manager, 12 years industry experience as residential driver and
supervisor including 2 years in these roles in these roles for the Village of Oak Brook
Note 4- Primary Contacts
Primary field contact Larry Murane, Oak Brook Route Supervisor, 14 years industry
experience as a route driver and residential supervisor including three years in these roles
in Oak Brook
Primary administrative contact. Richard Van der Molen, Municipal Affairs Manager, 28
years industry experience, 11 years administering municipal contracts including four
years in these roles for this contract
Note 5- Trade References
Name
Address Phone Number
All Brake
5551 Ogden Ave., Cicero, IL 60804 708 -656 -2100
Industrial Sling Company
5408 Dansher Rd , Countryside, IL 60525 708 - 354 -4080
Stepp Equipment Company
5400 Stepp Dr, Summit, IL 60501 708 - 458 -7800
Note 6- Insurance Company
Insurer
American Home Assurance Company
Illinois Nabuonal Insurance Company
National Union Fire Insurance Company of Pittsburg
Insurance Company of State of Pennsylvania
Agent
Willis North America 11201 N. Tatum Blvd., Phoenix, AZ. 85028
Contact Sue Larson 877 -559 -6769
RightFax 9/28/2004 3:23 PAGE 2/5 RightFax
ACORD CERTIFICATE OF LIABILITY INSURANCE
DATE
page 1 of 3
09/28/2004
PRODUCER 877- 945 -7378
Willis North America, Inc - Regional Cert Center
26 Century Blvd
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P O Box 305191
A
Nashville, TN 372305191
INSURERS AFFORDING COVERAGE
INSURED Allied Waste Industries, Inc
(Named Insd Cont Below)
15880 N Greenway- Hayden
INSURERA American Home Assurance Company 19380 -004
INSURERB I113.no3-s National Ins Co 23817 -002
INSURERC American Horne Assurance Company 19380 -005
Loop, Suite 100
Scottsdale, AZ 85260
INSURERD Ins Co of the State of PA 19429 -004
INSURER E
$
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
LTR
TYPE OF INS URANCE
POLICY NUMBER
POLICYEFFECTIVE
DATE MM /DD /YY
POLICYEXPIRATION
DATE MM /DDIYY
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMSMADE Fx_1 OCCUR
GL4806057
1/1/2004
1/1/2005
EACHOCCURRENCE
$ 2,500,000
FIRE DAMAGE (Anyone fire)
$ 100 000
MED EXP (Any one person)
$
PERSONAL & ADV I NJ URY
$ 21500, 000
GENERAL AGGREGA rE
$ 10,000,000
GEN L AGGREGATE LIMIT APPLIES PER
POLICY PRO-
JECT LOC
PRODUCTS- COMP/OPAGG
$ cj 000 000
A
A
$
C
AUTOMOBILE
X
LIABILITY
ANYAUTO
ALLOWNEDAUTOS
SCHEDULEDAUTOS
HIREDAUTOS
NON -OWNED AUTOS
CA5188682
CA5188683
CA5188685
CA5188684
1/1/2004
1/1/2004
1/1/2004
1/1/2004
1/1/2005
1/1/2005
1/1/2005
1/1/2005
COMBINED SINGLE LIMIT
(Ea accident)
$ 5,000,000
BODILY INJURY
(Perperson)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABI LITY
ANYAUTO
AUTOONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTOONLY AGG
$
$
EXCESS LIABILITY
OCCUR F-1 CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACHOCCURRENCE
$
AGGREGATE
$
$
$
A
B
A
D
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WC2981404
WC2981406
WC2981405
WC2981408
1/1/2004
1/1/2004
1/1/2004
1/1/2004
1/1/2005
1/1/2005
1/1/2005
1 1 2005
X TORYLIMITS OER
EL EACH ACCIDENT
$ 1,000,000
EL DISEASE EAEMPLOYEE
$ 1,000,000
EL DISEASE - POLIC'YLIMIT
$ 1,000,000
OTHER 7
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Named Insured — See Attached
L;thi I IF-IL;A I E HULDEH ADDITIONAL INSURED INSURER LETTER CANCELLATION Stntutor Notice For Non -Pn m nt
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Village of Oak Brook REPRESENTATIVES
1200 Oak Brook Road T RIZE REPRESE IVE
Oak Brook, IL 60521 U'c�4
I M �
ACORD 25 -S (7/97) Coll : 1100374 Tpl :226557 Ce : 4821621
0 ACORD CORPORATION 1988
RightFax 9/28/2004 3:23 PAGE 3/5 RightFax 0
W1111S
CERTIFICATE OF LIABILITY INSURANCE
page 2 of 3
09/28// 2004
PRODUCER
877 - 945 -7378
W.illa.s North America, Inc - Regional Cert Center
26 Century Blvd
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P O Box 305191
Nashville, TN 372305191
INSURERS AFFORDING COVERAGE
INSURED
Allied Waste Industries, Inc
(Named Insd Cont Below)
15880 N Greenway- Hayden
INSURERA American Horne Assurance Company 19380 -004
INSURERB Illinois National Ins Co 23817 -002
INSURERC American Home Assurance Company 19380 -005
Loop, Sumte 100
Scottsdale, AZ 85260
INSURER D Ins Co of the State of PA 19429 -004
INSURER E
uca,-mr i iury Ur UrrnA i IUNafLUL;A r rUNb/V LHIL;LtS /t1CCLU5lUN5 ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
NAMED INSURED INCLUDES - BFI WASTE SYSTEMS OF NORTH AMERICA, INC.
Workers Compensation - Additional Policies:
Insurance Company Policy # Eff. /Exp. Dates
American Home Assurance WC2981407 01/01/04 - 01/01/05
Ins. Co. of the State of PA WC2981507 01/01/04 - 01/01/05
Employers Liability (Stop Gap) coverage for Monopolistic States is
included:
$1,000,000 Each Accident
$1,000,000 Disease - Policy Limit
$1,000,000 Disease - Limit Each Employee
Village of Oak Brook, its officers, officials, employees and volunteers are additional insured,
except for Workers' Compensation, if required by written contract.
If required by written contract, the general liability policy will apply as primary insurance and
any other insurance to the additional insured shall apply as excess and non - contributory insurance.
U011.:11UU314 Tp1.ZZ6551 Cert:48Z16Z1
RightFa,x 9/28/2004 3 :23 PAGE 4/5 RightFax •
Page 3 of 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsements)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon
wursu ZO -Z kiiyr) U011:1100.514 Tp1 : ZZb55 l Cert : 48Z16Z1
RightFax 9/28/2004 3:23 PAGE 5/5 RightFax '
POLICY NUMBER GL4806057 COMMERCIAL GENERAL LIABILITY
NAMED INSURED Allied Waste Industries, Inc
This Endorsement Changes the Policy Please read it carefully
Additional Insured — Owners, Lessees or Contractors (Form B)
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Name of Persons or Organization:
Village of Oak Brook, its officers, officials, employees and volunteers
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement )
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your work"
for that insured by or for you
CG 2010 11 85 Includes Copyrighted Material of Insurance Services Office, Inc with it's permission
Copyright, Insurance Service Office, Inc 1984
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