Collection and Disposal of Single Family Residential Waste P
AGREEMENT PROVIDING FOR THE COLLECTION
AND DISPOSAL OF SINGLE FAMILY RESIDENTIAL WASTE
This agreement("Agreement")is made as of this�Lday of 1JbAm 6 tX_ ,2019,by and
between the Village of Oak Brook, Illinois ("Village") and Flood Brothers Disposal Co,
("Contractor").
WHEREAS,the Village is authorized by statute to contract for the collection and disposal
of refuse, yard waste, and recyclable materials; and
WHEREAS, on September 6, 2019, the Village published a Request for Proposals
("RFP") for the Collection and Disposal of Single Family Residential refuse, yard waste, and
recyclable materials in the Village; and
WHEREAS, on November 12,2019,the Village selected Contractor as the proposer with
the best overall value on the basis of its proposal on the condition the Contractor satisfied the terms
of the RFP and properly executed this Agreement; and
WHEREAS, Contractor desires to properly execute this Agreement and satisfy the
requirements of the RFP in order to commence the collection and disposal of refuse, yard waste,
and recyclable materials generated by single family residences in the Village term pursuant to the
terms and conditions of this Agreement("Work"); and
WHEREAS, the President and Board of Trustees have determined that entering into this
Agreement will serve the public health, safety and welfare of the Village and its residents;
NOW, in consideration of the mutual covenants and conditions contained herein and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the
parties agree as follows:
Section 1 Incorporation of Preambles: The foregoing preambles are restated
and incorporated herein by reference as though fully set forth herein.
Section 2: Definitions: For the purposes of this Agreement, definitions of
certain terms shall be as listed below. Other terms 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 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, non-excluded household
appliances; textiles and leather;animal waste;toys and recreational equipment;household
construction and demolition debris(subject to the limitations of subsection(e)below); and
similar items to the aforementioned items. For the purposes of this Agreement, the terms
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"garbage", "refuse", and "rubbish" shall be synonymous unless otherwise more
specifically defined(for example,"yard waste"). Refuse shall not include Excluded Waste.
(b) "Recyclables" or Recyclable Material(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(41)plastic containers,
plastic six&twelve pack rings,PVC(0)plastic containers,HDPE(#4)plastic containers,
LDPE(#5)rigid plastic containers,and Other(0)rigid plastic containers, 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 terms of this
Agreement. A listing of the recyclables accepted in the program is found in Exhibit 1.
(c) "Yard waste"(also known as"landscape waste")shall mean grass clippings,leaves,
branches and brush, other yard and garden trimmings, 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.
(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 conform 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 conforming shall be considered "Oversize Construction Debris"
and not as household construction and demolition debris, and shall be subject to special
collection requirements as specified in Section 29.
(f) "Stop"shall mean"household." Single households will be counted for the purpose
of defining the extent of the collection services to be provided and of determining the
amount of refuse,recyclables,and yard waste to be 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:
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refrigerators, freezers, stoves, trash compactors, washers, dryers, dishwashers, furnaces,
hot water heaters, air conditioners, furnaces, humidifiers, dehumidifiers, water softeners,
pianos, organs, tables, chairs, mattresses, box springs, bookcases, sofas, and similar
furniture. All "white goods"including those containing CFCs(chlorofluorocarbons) shall
fit within this definition. Large Household Items do not include Exclude Waste.
(i) "Disposal Unit"shall have different meanings as follows:
(i) 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)Contractor supplied 64 gallon toter
or one(1) Contractor supplied 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.
(ii) 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(as measured
when dry), two (2) feet in diameter, and four (4) feet in length, and is
manageable by one(1)person.
(iii) For purposes of the collection of recyclables, a "disposal unit' shall mean
one (1) Village or Contractor supplied 64-gallon toter and/or one (1)
fourteen (14)to eighteen(18) gallon recycling bin.
(j) "Electronic Waste" Televisions, monitors, printers, computers, electronic
keyboards, facsimile machines, videocassette recorders, portable digital music players,
video game consoles, small scale servers, scanners, electronic mice, digital convertor
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boxes, cable receivers, satellite receivers, digital video disc recorders or any other
electronic devices banned from landfill disposal by the State of Illinois pursuant to the
Illinois Electronic Products Recycling and Reuse Act (415 ILCS 150/1, et seq.), as
amended.
(k) "Household" shall mean a residential dwelling unit.
(1) For the purpose of this Agreement, only the following holidays shall be deemed
official holidays: New Year's Day, Rmwi d `'" —. Memorial Dav Independence Day,
Labor Day,Thanksgiving DU and 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.
(m) "Excluded Waste"shall mean Radioactive Waste, Stable Matter,Electronic Waste,
Medical, Hazardous and Special Waste as defined by state or Federal law or regulation,
large dead animals (equal or greater than ten (10) pounds), vehicle batteries, large
automobile parts, automobile or other vehicle tires and any other material which cannot be
disposed of at an Illinois sanitary landfill or requires a special permit or approval for
disposal at an Illinois landfill. "White Goods' as defined by state or Federal law are not
Excluded Waste.
(n) "Waste" shall mean refuse,recyclables,yard waste, leaf waste,household
construction and demolition debris, oversized construction debris, and large household
items of any and all kinds, collectively. Waste does not include Excluded Waste.
Section 3: 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.
Section 4: Contractor Performance: The Contractor shall be responsible for
all of its obligations under this Agreement 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 perform 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 performance of the work required under this Agreement.
Section 5: Rates Established: The Contractor agrees to perform all of the
Work described in this Agreement and comply with the terms herein for the sums listed in
Exhibits 2. The Contractor will not increase any rates it charges for the Work set forth in
Exhibit 2 during the term of this Agreement except for as specifically set forth in this
Agreement.
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Section 6: Taxes: The Contractor shall promptly 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 performed by the contract pursuant
to this Agreement.
Section 7: Permits and Fees: At no cost to the Village, the Contractor shall
secure and pay for, at its own expense, all necessary permits, licenses, and certificates of
authority required to complete the work,to be performed by the Contractor pursuant to this
Agreement 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.
Section 8: Insurance: Contractor shall maintain certificates and policies of
insurance during the term of this Agreement evidencing the following minimum insurance
coverages:
Worker's Compensation: Statutory
Employer's Liability_: $1,000,000 each occurrence.
Vehicle Liability: $3,000,000 property damage and bodily injury or
death per person, combined single limit
$3,000,000 each occurrence.
Comprehensive General Liability: $5,000,000 each person,
$10,000,000 each occurrence
$2,500,000 each occurrence;property damage
Pollution Liability: $15,000,000 aggregate
The required coverages may be in any combination of primary, excess, and umbrella
policies. Except as it relates to any pollution liability policy, any excess or umbrella policy must
provide excess coverage over underlying insurance on a following-form basis such that when any
loss covered by the primary policy exceeds the limits under the primary policy, the excess or
umbrella policy becomes effective to cover such loss.
Such policies shall be in a form, and from companies, acceptable to the Village and shall
name the Village, its officers, officials and employees, volunteers and agents as an additional
insured and cancellation notice recipient. Such insurance shall provide that no cancellation of any
insurance shall become effective until the expiration of 30 days after written notice thereof shall
have been given by the insurance company to the Village. In the event of any such cancellation
or non-renewal, Contractor or its representative shall provide,with the notice thereof,evidence of
replacement insurance. In the event of any change of or modification of coverage,Contractor shall
notify Village within thirty(30)days after Contractor receives such notice from its insurer.
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The Contractor expressly understands and agrees that any Performance Bond or insurance
protection required of the Contractor, or otherwise provided by this Agreement, shall in no way
limit its responsibility to indemnify, keep and hold harmless and defend the Village, its agents,
officials, servants and employees as provided in this Agreement.
The Contractor agrees that in the event a judgment should be entered against the Village
or its agents,officials, servants and employees which is in any manner connected or related to this
Agreement or the services or work rendered hereunder, the Contractor shall immediately satisfy
same including, but without limitation on the foregoing, all fees, costs and interest in connection
therewith, in accordance with its indemnification obligations set forth below.
Section 9: Performance Bond: The Contractor shall furnish a Performance
Bond in a form acceptable to the Village for the faithful performance of this Agreement,
said Performance Bond to be executed by a responsible surety company rated AAA or better
by Best's insurance Reports. The Bond shall be in the penal sum of$500,000 for the period
of this Agreement, including any renewal thereof. The Performance Bond shall be
conditioned upon the faithful performance by the Contractor of its obligations under this
Agreement and upon its full compliance with the all applicable laws, ordinances and
regulations. Said Performance Bond shall indemnify the Village against any loss resulting
from any breach or failure of performance, but shall in no way limit Contractor's
responsibility to defend,indemnify,keep and hold harmless the Village, its agents,officials,
servants and employees as provided in this Agreement.
Section 10: Indemnity: The Contractor shall indemnify,save,defend,and hold
harmless the Village, individually and collectively, its officers, officials, employees, and
attorneys 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 arising out of,in connection with,or pursuant to this Agreement,caused by the alleged
negligent operations, negligent operations, or willful misconduct of the Contractor, its
officers, 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 and pay all reasonable fees of attorneys and all
costs and other expenses arising 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 expressly understands and agrees that any performance 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 harmless, and defend the Village, and to pay
expenses and damages as herein provided.
This Section 10 shall survive the termination of this Agreement.
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Section 11: Hours and Standards of Collection: The Contractor shall not
commence work before 7:00 AM and shall cease collection by 7:00 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 for
collection in 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 or Residents' backdoors based in the service selected and paid for by each Resident.
The Contractor shall place a sticker on any item(s)not collected indicating the reason why it could
not be collected. Residents shall be responsible for placing disposal units close to the curb (or in
those areas without curbs, placing them in an equivalent position), or backdoor(if applicable) so
that they are easily accessible to the Contractor's employees.
The Contractor shall return all containers 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 unless such litter is caused by Contractor.
Section 12: Proper Disposal and Processing: Proper disposal and processing
shall include:
(a) General Requirements: The Contractor shall at all times 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. 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.
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(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. The Contractor shall
provide the name and location of this disposal site, and alternative sites.
(c) Yard Waste Requirements: Throughout the term of this Agreement,the Contractor
shall own,co-own,rent,lease,control,or otherwise have access to a properly licensed and
permitted composting facility of sufficient capacity for the disposal of yard waste. The
Contractor shall be solely responsible for ensuring that such facility is fully licensed and
permitted and will notify the Village if any such facility ceases to be fully licensed and
permitted.
The Contractor shall furnish the name and location of the composting facility
intended to be used during the term 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 the Village's prior written approval, which may be withheld in the sole discretion
of the Village.
(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.
(f) The Contractor shall be responsible for, at its sole expense,the proper disposal of
any materials (other than Excluded Waste)collected by the Contractor but not accepted at
the facilities or landfills selected pursuant to this Section. The Contractor acknowledges
and agrees that in the event that it collects Excluded Waste, the Village has no
responsibility to dispose of,arrange for the disposal of,or pay for the disposal of,Excluded
Waste except if the Excluded Waste is generated by the Village.
Section 13: Missed Pick-ups: 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
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agree to jointly establish reasonable administrative regulations for the investigation and
resolution of alleged missed pick-ups.
Section 14: 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 any matter arising under this
Agreement, the Contractor agrees that in that specific instance collection will be made
immediately 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. This Section shall not be construed to obligate Contractor to
collect any Excluded Waste. The intent of this paragraph is to avoid disputes/disagreements
between the customers and the Contractor's employees, and to permit
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 the Village with a copy of the complaint form for each and every
complaint, which shall include the nature of the complaint and the resolution of the
complaint. The Contractor shall cooperate with the Village in minimizing complaints from
customers. Continued unreasonable complaint levels, as determined 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 persons or property, and early
start-up shall be considered a default under this Agreement.
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 tike 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 form 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.
Section 15: 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.
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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 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.
Section 16: Employees and Conduct: The Contractor shall undertake to
perform 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 performing 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 perform the services under this Agreement as a result of intoxication,drug use,or
by virtue of abusive or obnoxious behavior, then, upon the formal 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 times in a neat,
professional manner. All permanent collection employees shall be required to wear a work
uniform. 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.
Section 17: Vehicles and Equipment: 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 that leaks any fluids. In the event that
any vehicle is not properly operable,a substitute vehicle shall immediately be provided that
complies with the terms herein. All vehicles shall display the name 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, the Contractor shall be responsible for collecting
or cleaning up such litter or fluids. If such litter or fluids are not properly cleaned up after notice
(verbal or written) from the Village,the Village may clean up same, and the Village may bill the
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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 separately and shall not be
commingled,unless the Contractor gets prior written permission from the Village to commingle.
Section 18: 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, as amended.
Precautions 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 the request of the Village, the Contractor shall provide such accounting of
details and/or copy of written accident report as the Village may require.
Section 19: 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 its careless operation of vehicles or its careless
handling of any receptacle,in accordance with its indemnification obligations in Section 10.
All property which suffers damage (reasonable wear-and-tear excepted) caused by the
carelessness of the Contractor, including, but not limited to waste receptacles, sod, grass,
driveways, mailboxes, or recycling containers 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 time, 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 shall pay for said expenses within
ten(10) days of receipt of said invoice.
Section 20: Non-Performance; Default: If the Contractor fails to observe the
established schedule of service for more than two (2)consecutive working days,the Village
shall reserve the right to determine whether there has been sufficient cause to justify the
Contractor's failure to provide service. If in the Village's judgment sufficient cause has not
been demonstrated,then the Village shall serve the Contractor with a notice stating that this
Agreement shall be deemed in default if the Contractor does not take action to re-establish
service within four (4) business days of said notice. If at the end of the four(4) business
day 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 terminate this
Agreement.
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Section 21: Force Majeure: Neither the Village nor the Contractor shall be
liable for any fault or delay caused by any contingency beyond their control, including,but
not limited to, acts of God, wars, fires, or natural calamities; provided, however, that said
time period shall be extended for only the actual amount of time said party is so delayed.
An act or omission shall not be deemed to be "beyond Contractor's control" if committed,
omitted,or caused by Contractor,Contractor's employees,officers or agents or a subsidiary,
affiliate or parent of Contractor or by any corporation or other business entity that holds a
controlling interest in Contractor, whether held directly or indirectly (for example, but not
by way of limitation, a strike by or lockout of Contractor's employees would not be an act
"beyond Contractor's control"). Each party shall promptly notify the other party when
Contractor reasonably believes that an event constituting a "force majeure" under this
Section has occurred. The parties acknowledge and agree that except for extreme weather
events such as blizzards and tornados, weather events are not force majeure events.
Section 22: 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.
Section 23: Non-Assignment: The Contractor shall not assign or subcontract
this Agreement or the work there under, or any part thereof, to any other person, firm, or
corporation without the prior written consent of the Village. However,the Contractor may
perform its obligations under this Agreement through its subsidiaries or divisions after
providing advanced written notice to the Village. 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 terms of this Agreement.
Section 24: Right to Terminate: This Agreement will remain in force for its
term and any extensions. However the Village shall have the right to terminate this
Agreement sooner if the Contractor has failed to satisfactorily perform the work required,
as determined by the Village in its sole discretion. In the event that the Village decides to
terminate this Agreement for failure to perform satisfactorily, the Village shall give the
Contractor at least thirty (30)days written notice before the termination takes effect. Such
thirty (30) day period shall commence 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 may be terminated by the Village. 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 termination 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
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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 or the Board of Trustees to discuss the default. If after thirty
(30)days following the said meeting,the Village Board determines that the Contractor has failed
to perform according to the terms of this Agreement,at the Village's option,(i)the Contractor shall
pay the Village as liquidated damages for delay, but not as a penalty, five hundred dollars ($500)
for every day that the Contractor is in default as determined by the Village, or(ii)the Village may
pursue any other remedies under this Agreement or available under the law including, without
limitation, specific performance of Contractor's obligations. This failure to perform 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 terms and conditions specified in the Agreement.
Section 25: 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 federal, state, and local law, including the Village Code of
the Village of Oak Brook, Illinois, as may be amended("Village Code").
Section 26: White Goods,Large Items: The Contractor shall offer white goods
collection and disposal at no cost to the Village and at no additional cost to customers other
than the equivalent cost to dispose of the appliance.
Section 27: Holiday (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.
Section 28: Collection from Government Facilities: The Contractor shall
provide, at no cost to the Village, regularly scheduled refuse, yard waste, and recyclable
materials collection and disposal, including the furnishing of all needed containers,
including dumpsters if requested by the Village,to all Oak Brook municipal facilities which
include: the Butler Government Center(Village Hall,Oak Brook Historic Society Museum,
Police Department and Fire Station 94)and Fire Station 93;the Public Works Facility; Oak
Brook Public Library; Oak Brook Sports Core (which includes the Bath and Tennis Club
building, the Soccer Building, and the Oak Brook Golf Club and Maintenance Building)
(disposal units greater than 8 yards, including roll offs, are excluded from this provision).
The Village reserves the right to add free regularly scheduled service to new or existing
municipal facilities for refuse, and recycling collection. The regularly scheduled refuse,
yard waste, and recyclable materials collection and disposal shall occur no less than once a
week at all aforementioned Village facilities, except for the Oak Brook Sports Core, at
which regularly scheduled refuse, yard waste, and recyclable materials collection and
disposal shall occur every Monday, Wednesday and Friday from May to September,and no
less than once a week from October to April. The Contractor shall waive fees and costs
associated with providing three (3) roll-off containers and up to one hundred (100) event
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containers for the Taste of Oak Brook-Fourth of July Celebration's and Polo Events' refuse
during the term of this Agreement and any extensions.
Section 29: Special Pick-Ups: Any residents wanting to dispose of large
quantities of refuse, yard waste, recyclables, large volumes of household construction and
demolition debris (in excess of two cubic yards), oversize construction debris and/or tires
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
hauler for special pick-ups shall have no effect on the terms of this Agreement.
Section 30: Natural Disaster Cleanup. The Contractor will,upon request from
the Village, perform a special collection from any customer or customers of Waste in
emergency circumstances where prompt removal of the Waste is necessary for the
preservation of the public health, safety and welfare from a curbside location. The cost of
any such collection will be paid by the Village at a per hour fee as specified in Exhibit 3
and actual disposal costs, provided that the actual disposal costs do not exceed the then-
current published rate utilized at the applicable transfer station. The Contractor shall bill
the Village the total amount.
Section 31: Public Information: The Contractor shall provide all public
information necessary to inform customers about the services provided under this
Agreement. This shall include all preparation, printing, and mailing/delivery costs.
Information 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 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 informed
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.
Upon request, the Contractor shall provide the Village with any educational materials
deemed necessary by the Village. Informational 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.
Section 32: Change in Service: If the Village elects to change the type of
service provided during the term 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 in good faith the terms, frequency;
and prices of such change in service after such written notice is served. Such modifications
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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 terminate the Agreement.
Section 33: 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 program, 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 permit 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 information 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, information, or
statistical material concerning refuse, recyclables and yard waste collection as may be reasonably
requested by the Village from time to time.
The data listed in Subsections a-f above 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 information, once supplied to the Village shall become the property
of the Village.
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Section 34: Day(s)of Collection: The collection schedule shall be Mondays for
the uniform refuse, yard waste, 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. The second day pick-up shall be Thursdays of each
week.
Section 35: Collection Program: The collection program contemplated by this
Agreement shall encompass the following:
All"households,"located within the Village's corporate boundaries shall be provided with
weekly curbside collection (or backdoor collection as set forth below in this Section)and disposal
of all "refuse," all "household construction and demolition debris," and all "Large household
items", as defined in Section 2.
All"households,"located within the Village's corporate boundaries,shall be provided with
weekly curbside and proper disposal of all "yard waste", as defined in Section 2. 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
seasonal curbside collection and proper disposal of all bagged"leaf waste", as defined in Section
2.
All "households," located within the Village's corporate boundaries shall receive weekly
collection of all "recyclable materials", as defined in Section 2.
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.
The Contractor shall provide the following optional services for residents to have the
following optional collection services for the term 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 curbside
Recyclables and curbside "volume-based" Yard Waste (landscape and bagged leaf waste)
collection;
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(d) Twice-Per-Week Back Door,"Flat Rate"collection service of Refuse and curbside
Recyclables and curbside "volume-based"Yard Waste collection.
For any service to be performed under this Agreement,the charge shall not exceed the rates
as fixed by the Agreement in Exhibit 2. For items not otherwise provided for by this 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 customer for collection
and disposal into a landfill or processing facility in accordance with Section 29, Special Pick-ups.
This shall include loose and oversize construction debris,volumes of construction debris in excess
of two cubic yards and excessive move-in,move-out clean-up, among other items. Such services
shall be by advance arrangement with the Contractor at the customer's request. Payment shall be
made directly by the customer to the Contractor. The Contractor shall not be required to collect
Excluded Waste. Nothing in this Agreement shall be interpreted to prevent a resident from
contracting with another refuse collector of the resident's choosing to collect Excluded Waste.
Section 36: Title to Refuse,Yard Waste,and Recyclables: Title to all Waste
shall pass to the Contractor when the materials are placed into Contractor's vehicles or
equipment.Title to and liability for Excluded Waste shall at no time pass to Contractor. The
Village shall have no responsibility for the disposal of any Waste and all such disposal shall
be accomplished by Contractor at its sole risk and expense. Nothing in, or done pursuant
to,this Agreement shall be construed to create any responsibility on the part of the Village
for disposal of any Waste once title thereto has vested in Contractor pursuant to this Section.
Contractor shall dispose of all Waste in accordance with all applicable federal and state laws
and regulations.
Section 37: 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 set forth in Exhibit 2. 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,the charging of any late fees,and the disposition of all complaints regarding the fees for
service. Where the Contractor intends to terminate collection service relative to a customer, the
Contractor shall notify the customer in writing,at least ten(10)days prior to the termination of the
collection service, of the proposed termination date and the reason for said termination. The
Contractor agrees to notify the Village Manager of any terminated or discontinued service accounts
within one(1)business day following such termination.
Section 38: Purchase and Rental of Refuse Toters: The Contractor will
provide refuse 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 at any time without penalty,the mutual agreement with the Contractor
for the toter rental for any reason, provided that the customer notifies the Contractor in
advance of the last date of desired service. Should a toter or other disposal unit that is rented
by a customer be damaged by the resident,normal wear and tear excluded,the resident shall
pay for a replacement toter. However, if the toter rented by a customer is damaged by the
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Contractor's actions, wears out due to normal wear and tear, 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.
Section 39: Recycling Toters: The Contractor will provide recycling 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. During this agreement the
Contractor shall repair or replace damaged or broken recycling toter containers at the
Contractor's expense; provided that if such toter containers are damaged by the Village or
the customer, Contractor reserves the right to charge the Village or customer, as applicable,
the cost of the repair or replacement. The Contractor shall also replace any missing
recycling toters at the request of the resident or Village,but may at the Contractor's option
charge the customer a refundable security deposit of no more than $65.00.
Section 40: 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 for the Contractor. The Village has no obligation to 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 mail. 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 time.
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 names of retailers to which the supply of stickers has
been suspended as soon as the suspension occurs.
Section 41: Sticker Design and Accountability: The Village reserves the right
to approve the form,design,and wording of the yard waste stickers before their fabrication.
Waste disposal stickers shall be produced on paper and have an elongated rectangular form
with minimum dimensions of 19 centimeters in length and 4 centimeters in width. The front
of the disposal sticker shall be of a colored background and bear the Contractor's name and
phone number and the Village's name. In addition,the front of the sticker shall have 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, unless permission is granted by the Village
not to have the expiration date listed. The back of the stickers shall list instructions for
proper use of the stickers. The Contractor is responsible for all accounting of stickers. The
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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.
Section 42: Honoring All Stickers: The Contractor shall agree to honor all
waste stickers purchased by residents during the term of the Previous Agreement and
throughout the term 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 them.
Section 43: Seasonal Yard Waste and Leaf Waste Collection: The Contractor
shall provide curbside Seasonal Yard Waste, including bagged Leaf Waste collection,
beginning March 1 and continuing through November 30 (the season) of each year on
Mondays ("Yard Waste Pickups"), and pick up and properly dispose of all yard waste that
is in required disposal unit, as set forth in Section 2(i)(ii)of this Agreement, and bearing a
valid waste sticker. The Contractor shall also provide a seasonal subscription price for full
season Yard Waste Pickups for the prices set forth in Exhibit 2. Contractor shall pickup all
yard waste placed in a yard waste rental toter by customers who pay the seasonal
subscription price without requiring the customer to purchase yard waste stickers.
Section 44: Alternate Leaf Collection: The Village currently operates its own
Leaf Collection program for residential units within the Village. Should the Village
discontinue its current Leaf Collection program, it may, at its option, direct the Contractor,
in addition to conducting Yard Waste Pickups, to provide addition leaf pickup service in
approved containers at a price mutually agreed to by the parties.
Section 45: Bankruptcy: If the Contractor shall at any time during the term 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 suitor proceedings brought by or against the Contractor, or if the
Contractor shall make 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 and be forfeited and canceled. The Contractor shall list the
Village as a creditor in any bankruptcy filing.
Section 46: 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.
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Section 47: Risk of Loss. The work and everything pertaining thereto shall be
performed and maintained at the sole risk and cost of Contractor. Contractor shall have no
claim against the Village because of any damage or loss to the work or Contractor's
equipment,materials, or supplies,unless caused by the negligence or willful misconduct of
the Village. Nothing contained in this Section shall be deemed to waive any rights or
protections of the Village provided by the Illinois Local Governmental and Governmental
Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq.
Section 48: Compliance with Laws and Grants: Contractor shall obtain all
required governmental licenses, approvals, and permits that may be required in connection
with performing the Work, and shall give all notices, pay all fees, and take all other action
that may be necessary to ensure that the Work is performed in accordance with all applicable
statutes, ordinances, rules, and regulations, including without limitation the Fair Labor
Standards Act; any statutes regarding qualification to do business; any statutes requiring
preference to laborers of specified classes; any statutes prohibiting discrimination because
of, or requiring affirmative action based on, race, creed, color, national origin, age, sex,
disability,or other prohibited classification,including without limitation the Illinois Human
Rights Act, 775 ILCS 5/1-101 et seq. [formerly Ill. Rev. Stat. ch. 68, §§ 1-101 et seq.],the
Discrimination in Public Agreements Act, 775 ILCS 10/1 et seq. [formerly Ill. Rev. Stat.
ch. 29, §§ 17 et seq.],the Illinois Fair Employment Practices Act, and the Americans With
Disabilities Act of 1990, 42 U.S.C. §12101 et seq.; and any statutes regarding safety or the
performance of the Work including the Occupational Safety and Health Act; and any
statutes relating to the handling and disposal of Waste.
Contractor represents and warrants to the Village that neither it nor any of its principals,
shareholders, members, partners, or affiliates, as applicable, is a person or entity named as a
Specially Designated National and Blocked Person (as defined in Presidential Executive Order
13224) and that it is not acting, directly or indirectly, for or on behalf of a Specially Designated
National and Blocked Person. Contractor further represents and warrants to the Village that
Contractor and its principals, shareholders,members,partners,or affiliates, as applicable,are not,
directly or indirectly, engaged in, and are not facilitating, the transactions contemplated by this
Agreement on behalf of any person or entity named as a Specially Designated National and
Blocked Person. Contractor hereby agrees to defend, indemnify and hold harmless the Village, its
corporate authorities, and all Village elected or appointed officials, officers, employees, agents,
representatives, engineers, and attorneys, from and against any and all claims, damages, losses,
risks, liabilities, and expenses (including reasonable attorneys' fees and costs) arising from or
related to any breach of the representations and warranties in this Section.
Section 49: Prevailing Wage: All wages paid by the Contractor and each
subcontractor shall be in compliance with The Prevailing Wage Act (820 ILCS 130), as
amended, except where a prevailing wage violates a federal law, order, or ruling, the rate
conforming to the federal law, order, or ruling shall govern. The Contractor shall be
responsible to notify each subcontractor of the wage rates set forth in this contract and any
revisions thereto. If the Department of Labor revises the wage rates, the revised rate as
provided by the public body shall apply to this contract and the parties shall negotiate in a
good faith an equitable adjustment to Contractor's compensation to account for the new
wage rate.
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Contractor will comply with the Illinois prevailing wage law, as amended from time to
time. Not less than the prevailing rate of wages as found by Owner or the Illinois Department of
Labor shall be paid to all laborers, workers and mechanics performing work under the Contract.
If the Department of Labor revises the prevailing rate of wages to be paid laborers, workers or
mechanics under the Contract,Owner will notify Contractor and each Subcontractor of the change
in the prevailing rate of wages;provided,however,regardless of whether Owner gives such notice,
the revised prevailing rate of wages shall apply to the Contract and Contractor shall have the sole
responsibility and duty to pay, and ensure that all Subcontractors pay, the revised prevailing rate
of wages to each person to whom a revised rate is applicable. Contractor shall indemnify,defend
and hold Owner harmless from any loss, including but not limited to Owner's attorney's fees,
resulting from Contractor's failure to comply with this prevailing wage clause. All bonds
applicable to the Contract shall include a provision as will guarantee the faithful performance of
the obligation to pay the prevailing rate of wages.
The Contractor and each subcontractor shall make and keep, for a period of not less than 3
years,records of all laborers, mechanics, and other workers employed by them on the project;the
records shall include each worker's name, address, telephone number when available, social
security number,classification or classifications,the hourly wages paid in each period,the number
of hours worked each day, and the starting and ending times of work each day. The Contractor
and each subcontractor shall submit monthly, in person, by mail, or electronically a certified
payroll to the public body in charge of the project. The certified payroll shall consist of a complete
copy of the records. The certified payroll shall be accompanied by a statement signed by the
contractor or subcontractor which states that:
(i) such records are true and accurate;
(ii) the hourly rate paid to each worker is not less than the general prevailing
rate of hourly wages required; and
(iii) the contractor or subcontractor is aware that filing a certified payroll that he
or she knows to be false is a Class B misdemeanor.
Upon 2 business days' notice, the contractor and each subcontractor shall make available
for inspection the records to the public body in charge of the project, its officers and agents, and
to the Director of Labor and his deputies and agents at all reasonable hours at a location within
this State. The Contractor and each subcontractor shall permit his/her employees to be interviewed
on the job, during working hours, by compliance investigators of the Department or the
Department of Labor.
Section 50: 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 governmental agencies regulating waste and recyclables
collection, hauling, disposal and processing during the term 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.
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Section 51: Change of Law: In the event of a Change of Law, the Contractor
shall provide a detailed written notice to the Village of the Change in Law, the manner in
which the Change of Law affects its ability to perform its obligations in accordance with
the provisions of this Agreement or the cost of its services, the magnitude of the effect of
the Change in Law on its operations or the cost of its services,and the Contractor's proposal
in response to that effect."Change of Law"shall mean,but not be limited to,any significant
change or addition to local, state, or federal rules, ordinances, regulations, taxes or
government charges, or interpretations therefore by the government agency charged with
the enforcement thereof, that has a significant impact on the collection or disposal of
residential waste (including recycling) in the Village.
Within thirty (30) days after receipt by the Village of the Contractor's notice, the
Contractor and the Village shall meet to discuss the Change of Law and determine what change,
if any, is necessary and appropriate to its operations or the rates and charges in this Contract and
the timing and method of implementing any such change. The Village may request any
documentation necessary from the Contractor to assist with the analysis of the Change of Law
impact.
The approval of any modification in the rates and charges in this Agreement,as a result of
any Change of Law shall be within the discretion of the Village, which the Village agrees to
exercise in a reasonable manner,however, if the parties are unable to reach an agreement as to the
amount of any modification in the rates then either party may cancel the Agreement upon 90 day
notice to the other party.
Section 52: 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 this Agreement. Nothing within this Section 53
shall be interpreted to require the Village to expend unreasonable or non-customary
resources to comply with the Contractor's requests.
Section 53: Local Improvements: The Village reserves the right to construct
any improvement or to permit 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 formerly 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, including assisting the Contractor in finding reasonable alternative routes, as may
be necessary.
Section 54: 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 reasonable and necessary litigation-related costs incurred by the Village in
defending the terms of this Agreement. If a trial court should hold that the granting of this
limited exclusive right was improper, either party may elect to terminate this Agreement
22
upon at least 60 days prior written notice. Provided, however, that the termination 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.
Section 55: Additional Contractor Commitments: Upon the mutual
agreement of the Parties,the Contractor may provide Electronic Waste collection for Village
residents upon terms and for prices to be agreed to by the Parties.
Section 56: Law to Govern and Venue: This Agreement shall be governed,
construed, and enforced in accordance with the internal laws, but not the conflicts of laws
rules, of the State of Illinois;the venue for any legal action arising in connection with this
Agreement shall be in the Circuit Court of the Eighteenth Judicial Circuit.
Section 57: Severability; Interpretation: 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 determined and effectuated. This Agreement shall be construed without
regard to the identity of the party who drafted the various provisions of this Agreement.
Moreover, each and every provision of this Agreement shall be construed as though all
parties participated equally in the drafting of this Agreement. As a result of the foregoing,
any rule or construction that a document is to be construed against the drafting party shall
not be applicable to this Agreement.
Section 58: Successors and Assigns: This Agreement shall be binding upon the
parties,their successors and assigns.
Section 59: 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.
Section 60: 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
Village Manager's Office
1200 Oak Brook Road
Oak Brook,Illinois 60523
(630)368-5000
If to the Contractor:
Flood Brothers Disposal Co.
Attn: Michael J. Flood,Municipal Manager a
17W609141h _
Street
Oakbrook Terrace,Illinois 60181 ' x
(630)261-0400
23
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 mail, with sufficient
postage fully pre-paid, or certified or registered/return receipt requested mail 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.
Section 61: 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 62: Agreement Term: The initial term of this Agreement will be from
January 1, 2020 to December 31, 2024. At the expiration of the five (5) year term, an
extension of three (3) years can be mutually agreed upon. If such an extension is desired
by the Village, the Contractor will be notified no later than 120 days before the expiration
of the initial five(5)year term.
Section 63: Entire Agreement: This Agreement sets forth the entire agreement
of the Parties with respect to the accomplishment of the Work described in the Agreement
and the rates and charges thereof and there are no other understandings or agreements, oral
or written, between the Parties with respect to the Work and rates and charges therefore
during the term set forth in Section 63 of this Agreement. The Parties acknowledge and
agree that the Prior Agreement terminates at the commencement of the term of this
Agreement except for those provisions in the Prior Agreement that explicitly survive
termination of the Prior Agreement.
IN WITNESS WHEREOF, the Village of Oak Brook has caused this Agreement to be
executed by its duly authorized officers; and, thelContractor has executed this Agreement in its
authorized corporate capacity this/a'ru day of b dem6Ea, 2019.
By By: .-
V �Jn Authorized Age,,
Attest: Attest:
Village Clerk Its: '
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EXHIBITS
Exhibit 1: Acceptable Recyclable Materials
Exhibit 2: Customer Billing Rates
Exhibit 3: Emergency Collections
Exhibit 1
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 rigid containers
# 7 narrow neck containers
Plastic six and twelve pack rings
Exhibit 2
GENERAL PRICE QUOTATION SHEET-CUSTOMER BILLING
FLAT RATE COLLECTION SERVICES FOR REFUSE AND RECYCLING
VOLUME-BASED YARD WASTE
OPTION 2020 2021 2022 2023 2024
Option A $19.35 $19.74 $20.13 $20.64 $21.25
Ix week curb
Option B $28.35 $28.94 $29.69 $30.45 $31.24
2x week curb
Option C $29.96 $30.58 $31.37 $32.18 $33.01
lx week
backdoor
Option D $48.96 $46.90 $48.10 $49.32 $50.58
2x week
backdoor
YARD $2.25 $2.35 $2.45 $2.55 $2.65
STICKERS
Cost per month for toter rental
TOTER 2020 2021 2022 2023 2024
RENTAL (per month (per month (per month (per month (per month
A 32 Gallon $1.25 $1.25 $1.35 $1.35 $1.45
Toter
B 64 Gallon $1.25 $1.25 $1.35 $1.35 $1.55
Toter
C 96 Gallon $1.25 $1.25 $1.35 $1.35 $1.45
Toter
Cost for toter purchase
TOTER SIZE TOTER
PURCHASE
32 Gallon Toter $41.50
64 Gallon Toler $44.50
96 Gallon Toer $50.50
Exhibit 3
Natural Disaster Clean-up
Contractor will provide clean-up activities at an hourly rate plus actual disposal costs,provided
that the actual disposal costs do not exceed the then-current published rate utilized at the
applicable transfer station. Please list the cost for each year below:
$ �Z S.`�a /per hour
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