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HomeMy WebLinkAboutCity Condominium Program Refuse Collection ContractCondominium Solid Waste Contract CITY CONDO PROGRAM SOLID WASTE SERVICES AGREEMENT BETWEEN CITY OF EVANSTON AND LAKE SHORE WASTE SERVICES LLC DATED: October 22, 2010 TABLE OF CONTENTS Page PREAMBLE .......... ...... ... ._____ _..... C 1 ARTICLE I -DEFINITIONS section 1 1 - Diaimf.es _ ._. .,,, C2 ARTICLE II - SCOPE OF SERVICES Section 2 1 - City Condo Program Refuse Some., . ...... 03 Section 2 2 - Contingency Plan . .... ... C 4 Section 2 3 - Ercluded Sonfices . .. -. . _ ..._ C 4 Section 2 4 - ModRmabon of Required Scoces _ __- C4 ARTICLE III - TERMS OF SOLID WASTE SERVICES AGREEMENT Section 3 1 - Term of Build Waste Contract„ _ _ _ - 05 ARTICLE IV - SOLID WASTE COLLECTION AND DISPOSAL Seclwn 4 1 - Schedule and Location of Collection _. C 5 Section 4,2- Disposal of Solid Waste _ ,...___. C5 Section 4 3 � Solid Waste Collection Data .. 06 ARTICLEV -COMPENSATION Section 6.1 - City Condo Refuse Service- _ C 5 ARTICLE VI - TITLE TO WASTE Section 6 1 - Title to Waste _ _ _ ..., ... .. C 6 ARTICLE VII -BREACH; EVENTS OF DEFAULT AND REMEDIES Section ] 1 � Breach by Contractor _ . _ _ 06 Section 72 - Breach by CtlY.. _ 07 Section ] 3 Even15 of Default antl ftemedms of pty, .., ., _ _ .. C D Section ] 4. Events of Default and Remetlie. of Contractor _ C 9 Section 7 5 - Work Stoppage & Strike _ - 09 ARTICLE Vill, - INSURANCE AND INDEMNIFICATION Section 8 1 — Insurance _ _. C 10 Section 8 2— Indemnification _ . _ ., Gil ARTICLE IX —MISCELLANEOUS Section 91 - NorvAssigneahtY ._ . _........ _ C 11 Casten 9 2- Equal Employment Opportunity _,,, . C 12 Fasten 9 3 - Prevailing Wage Rates _ _ _ 014 Sectmn 9A - Performance Food or Letter of Credit _ 014 Section 9 5 - FevDion fot Tdephone Galls , , , _ 014 Section 9 6 � Equipment to be Used by Contractor _ _ .. _... CIS Sedion 9 l - Compbance with Laws . _ _ .. ,. C 15 Section 9 8 - Care and Performance . _.. .. 016 Section 9 9 - No Alcohol or Dings _ _ C 16 Section 9 10 - Governing Law _ _ . _ C iT Section 9 11 - Sevelabldy-., ... .. _ _-_-_., .,,. __C1T Section 9 12 - Customer Servmq,, _. .,, ... C17 Section 913 . Entire Agreement... _ _ . -... 017 Section 9, 14- Force Malcuro _ _ .- C17 Sedion 9 15 - Savings Clause _ . _ _ _ _ _ _ _ C 18 Section 916 - Notice _ _ C 19 Section 9,17 - basing of Notme C 19 12 EXHIBITS EXHIBIT City Code Chaptor 5, Manwlpal Solid Waste EXHIBIT B - Pricing Sheet EXHIBIT C- Insurance Proms.a EXHIBIT D - Form of Performance Bond This Solid Waste Services Agreement is made and entered Into on this _-_ day of 2010 by and between the "Contractor') and the City of Evanston, Illinois (the "City"), collectively, (the "Parties") RECITALS The City, in order to protect the public health and welfare of Its residents has deemed it necessary to collect and transport Waste as defined below. The City is authorized pursuant to the provisions of Section 11-19-1 of the Illinois Municipal Code (65 ILCS 5111-19-1) to provide for the methods) of collection, transportation and disposal of municipal waste located within its boundanes and to provide that the methedud chosen may be the exclusive method(s) to be used within its boundaries The City has selected the Contractor after requesting proposals from qualified firms to provide garbage collection and transportation for condominiums and townbomes that participate in the City's Condo Program in the City of Evanston Th. Contractor submitted its proposal and was awarded the contract by the City Council at its meeting of September 27, 2010, The City Council found that entering into a contract with the Contractor Is in the best interests of the City NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the Parties agree as follows ci ARTICLE I DEFINITIONS Section 1.1 Definitions a) 'Breach" means a substantial failure to perform in accordance with the contract terms hereof, and may include, but not be limited to, one of the items specified in Sections 7 1 or 7 2 b) "Single Fatuity"means residences that are six units of less e) "City's Condo Program" means the condominiums and townhomes to which the City currently provides refuse and recycling service pursuant to City Code 8-5-9-2 d) "Contractor' means Lakeshore Waste Services LI-C, an Illinois corporation, and its successors and assigns e) "Event of Default" has the meaning specified in Sections 7 3 and 7 4 t) "City" means the City of Evanston, Illinois. q) "Refuse' means all discarded, unwanted, or rejected materials, not including yard waste or recyclable matenals h) "Project Use Agreement" means the Project Use Agreement, dated March 25, 1992, between the Solid Waste Agency of Northern Cook County and the City, as amended from time to time i) "State" means the State of Illinois 1) "SWANCC" means the Solid Waste Agency of Northern Cook County k) "SWANCC Waste" means waste generated by residential units that are six (6) units or less and waste generated by the City I) "Solid Waste Services Agreement"means this Agreement, dated . 2010, by and between the City and the Contractor, as amended from time to time, ARTICLE II SCOPE OF SERVICES Section 2-1 City Condo Program Refuse Services The Contractor shall provide, on behalf of the City, complete sevice for designated collection, transportation and disposal of condominium and townhome refuse that participate in the City Condo Program, The Contractor shall transport and dispose all refuse at a facility meeting the requirements of the State of Illinois and any other Heated States governmental agencies The Contractor shall be the sole and exclusive agent of the City to provide the above -referenced services The Contractor shall cooperate fully with the City, other City contractors. other municipalities and local government officials, public utility companies, and others, as may be directed by the City. This shall include attendance at meetings, discussions and hearings as requested by the City Collection will be performed on a weekly basis between the hours of 7 am to 5 our, Monday through Friday in accordance with the City's collection schedule. Collection of these units which are greater than six yn units shall be twice per week, If a building generates a large volume of refuse which requires more frequent collection than twice per week, the condominiumftownhome owner shall contract privately with the Contractor for this service The city will have no responsibility for collecting or paying for this additional service. The Contractor shall provide at their own expense an adequate number of dumpsler- type or wheeled carts to satisfy the owners need for refuse storage and the requirements of the Evanston Health Department The Contractor in consultation with the condominium/townhome owner shall establish the exact days of collection subject to the approval of the City's Public Works Director The number and size of dumpsters to be provided per building shall be based upon the number of units The maintenance of the individual dumpsters and carts shall be provided by the Contractor The Contractor shall maintain a local telephone line or toll -free line The Contractor shall have a clerk available to receive Instructions from the City representative and to receive and process inquires from the public on service collection days between the service collecln hours of 700on and 500pm for the term of the contract The Contractor shall have on duty on all lodestar, days at least one (1) qualified supervisor to be in the fleld when the collection is being coined out, having for his/her use communication equipment so as to ensure a courteous, prompt and efficient method for dealing with requests for servloe or missed collections made by the City representatives or public The Contractor will be required to record all inquires or complaints received on a form approved by the City and supplied to the Contractor, and the form writ be summarized on a monthly basis by the Contractor and delivered to the City representatives on a monthly basis or mom frequent basis if requested by the City, Section 2.2 Contingency Plan The Contractor will be required to submit to the City a written contingency plan demonstrating the contractor's arrangement to provide vehicles and personnel to perform its services required by this Agreement, and to maintain uninterrupted servme during mechanical breakdowns, natural disaster, dukes or other emergency Section 2.3 Excluded Services The following services are excluded from the Solid Waste Servces Agreement` 1) Solid waste collodion, transportation and disposal covered under the City's Municipal Solid Waste Franchise pursuant to City Code 5-5112 2) Solid waste collection, transportation and disposal covered under the City's Single Famdy Residential Program 3) ] i-annual free bulk trash events hosted by the City and white goods and tire collections 4) Special prok�ups 5) Recycle material 6) Yard waste material Section 2.4 Modification of Required Services The City reserves the right to ad)ust or expand the scope of condominium and townhome services inquired under this Solid Waste Services Agreement, upon thirty (30) days prior written notice to the Contractor, to accommodate changes in the definition of non-SWANCC Waste or changes in the scope of services provided by SWANCC. The Guy and the Contractor agree to negotiate an equitable adjustment to the Contractor's compensation under this Solid Waste Services Agreement required as a result of any adjustment or expansion of services ARTICLE If TERMS OF SOLID WASTE SERVICES AGREEMENT Section 3,1 Term of Solid Waste Contract The initial five (5) year term of this Solid Waste Services Agreement shall commence on the first collection day following execution of this Agreement, which shall be no later than November 1, 2010 This term shall end on October 31, 2015, Cn The City reserves the right to request the renewal of this Agreement for an additional three (3) year pelted under the same terms and conditions, subject to acceptable performance by the Contractor. Any renewal must he agreed to in writing by the City and the Contractor prior to the expiration of the initial term of this Agreement. ARTICLE IV SOLID WASTE COLL ECTION. TRANSPORTATION AND DISPOSAL Section0.l Schoduleand Locationof Collection City Condo Program Refuse shall be collected in accordance with the schedule approved by the Director of Public Works and pursuant to Title 8, Chapter 5 of the City Code, attached as Exhibit A. Collection may not begin before ] 00 am unless expressly permitted by the City Section 4.2 Disposal of Solid Waste City Condo Program Refuse. The Contractor shall transport for processing non-SWANCC Waste collected pursuant to this Solid Waste Services Agreement to a facility meeting the requirements of the State of Illinois and any United States governmental agencies Section 4.3 Solid Waste Collection Data 1) The Contractor shall provide to the City, on a monthly basis, a report on the quantity of all City Condo Program refuse collected within the City 2) A monthly report will be furnished to the Streets and Sanitation Division showing all service requests and any complaints and resolutions 3) Program data and other public information will be provided For each account upon the request of the City, ARTICLE V COMPENSATION Section 5.1 Compensation 1) City Condo Program Refuse. For providing for, on behalf of the City, the collection, transportation and disposal of refuse from condominium and townhomes that are a pan of the City's Condo Program the Contractor shall reserve as compensation the rates outlined in the attached Exhibit 8, The Contractor should provide an invoice to the City itemizing the number of units serviced, type of units serviced along with the unit price, 2) Rates identified in Exhibit 8 will adjust annually based on the change in the Consumer Price Index (CPI-U) for Chicago -Kenosha -Gary, - All items for the 12 C5 previous months (September through August), with a 2,0% minimum adjustment and 4.0%maximum adjustment 3) The rate adjustment provided for in this Article shall be effective for each subsequent calendar year during the term of this Agreement, beginning November 1, 2011. ARTICLE VI TITLE TO WASTE Section 6.1 Trip to Waste The Contractor shall retain title to all City Condo Program refuse that it col!ecfe ARTICLE VII BREACH: EVENTS OF DEFAULT AND REMEDIES Section 7.1 Breach by Contractor Each of the following acts or omissions shall constitute a Breach on the part of the Contractor I Failure of the Contractor to timely perform any obligation under this Solid Waste Services Agreement Such failure shall constitute a Breach if such failure remains uncured three (3) days after notice of the failure is given by the City to the Contractor, provided however, that this three (3) day notice with opportunity to cure shall not be required in the Avoid of persistent and repeated failure to perform. 2) (a) The Contractor being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of Its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property (b) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws of any jurisdiction (c) a bankruptcy, reorgamzabon, insolvency, arrangement or similar proceeding being instituted against the Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days (d) any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding (a) the levy of any distress, execution or attachment upon the property of the Contractor which shall (or which reasonably might be expected to) substantially interfere with its performance under this Solid Waste Services Agreement 3) If the Contractor misses a collection, that collection most be corrected within 24 hours of the reported missed collection, or a charge of ten dollars (S10 00) per missed collection will be charged to the Contractor Twenty (20) misses that have not been corrected within 24 hours within a 30 day calendar penal shall constitute a bleach by Contractor This Section does not apply if the missed collection results from any act as defined in Section 9 14 of this Agreement, and the Contractor complies with the notice to the City provision in that Section 9 14 All charges levied against the Contractor under this section will be remitted to the City within 30 days of a written charge 4) If the Contractor violates an Ordinance of the City during the term of this Agreement, for the first offense, a written warning will be issued to the Contractor by the City Five (5) ordinance violations within a 30 day calendar period shall constitute a breach. All charges levied against the Contractor under this section will be remitted to the City within 30 days of a written charge. Contractor waives the right to contest City Code Ordinance violations written against it 5) Failure to adhere to Contingency Plan as stated in ARTICLE 11, Section 2 2 of this Agreement. Section 7.2 Breach by City Each of the following acts or omissions shall constitute a Breach on the part of the City 1) The (h ys being or becoming insolvent or bankrupt at ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property 2) A bankruptcy, reorganization, Insolvency, arrangement or similar proceeding being instituted by the City under the laws of any jurisdiction 3) A bankruptcy, reorganization, insolvency, arrangement or similar proceeding being Instituted against the City under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days, 4) Any action or answer by the City approving of, consenting to or acquiescing in any such proceeding 5) The levy of any distress, execution or attachment upon the property of the City which shall (or which reasonably might be expected to) substantially interfere with the City's performance hereunder Section 7.3 Events of Default and Remedies of City 1) If a Breach occurs under Section 7,1, the City may exercise any one or more of the following remedies. a) The City may declare an Event of Default and may then terminate this Solid Waste Services Agreement immediately, upon notice to the Contractor in the event of such termination the Contractor shell cease providing services under this Solid Waste Services Agreement b) The City returns the right to seek and recover from the Contractor any unpaid amounts due the City, all of its substantiated costs for the failure of the Contractor to perform any obligation under this Solid Waste Services Agreement and all damages, whether based upon contract, Contractor negligence (including tort), warranty, delay or otherwise, arising out of the performance or non-performance by the Contractor of its obligations under this Agreement. Possible recovery by the City related to work stoppages or strike is addressed by Section 7.5 herein c) The City may call upon the sureties to perform then obligations under the performance bond, or in the alternative, after releasing the sureties from their obligations under the performance bond, take over and perform the required services by its own devices, or may enter into a new contract for the required services, or any portion thereof, or may use such other methods as shall be required in the opinion of the City for time performance of the required services d) The City shall have the power to proceed with any night or remedy granted by federal laws and laws of the State, including any suit, action or special proceeding in equity or at law for the specific performance of any covenant or agreement contained herein or for the enforcement of any proper legal or equitable remedy as the City shall deem most effectual to protect the rights aforesaid, insofar as such may be authorized by law e) Upon any such termination of this Solid Waste Services Agreement, the Contractor shall for a period requested by the City, but not longer than six (6) months, continue to perform the contractual services during which period the City shall pay the Contractor its scheduled compensation t) No remedy by the terms of this Solid Waste Services Agreement conferred upon or reserved to the City is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the City No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient No waiver of any Event of Default shall extend to or shall affect any subsequent default or Event of Default or shall impair any rights or remedies consequent thereto 2) All provisions of this Section 73 shall survive completion, expiration, or termination of this Agreement Section 7.4 Events of Default and Remedies of Contractor 1) If a Breach occurs under Section 7 2, the Contractor may declare an Event of Default and terminate this Solid Waste Services Agreement Immediately, upon notice to the City in such event, the Contractor's sole remedy shall be to seek and recover from the City any unpaid amounts due the Contractor and any damages, resulting from the Breach. The Contractor shall not be entitled to specific performance or any other equitable remedies 2) All provisions of this Section 74 shall survive completion, expiration, or termination of this Agreement Section 7.5 labor Agreements and Work Stoppages 1) Contractor shall provide to the City the forms of its labor agreements with all bargaining units utiirzed by Contractor in the Contractor's carrying out of its duties for this Agreement During the term of this Agreoment, the Contractor shall notify the City when negotiations begin with all bargaining units and shall update the City on the progress of those negotiations upon reasonable rounded by the City 2) Should a work stoppage or strike ocem which lasts more than three (3) calendar days, the City shall be permifted to Initiate such actions and procedures the City deems necessary to perform, with the use of its own employees, or others, the single family refuse collection duties which are otherwise to be performed by Contractor pursuant to this Agreement All costs and fees incurred by the City in this respect shall be payable by Contractor and may be deducted from payments due to the Contractor if no further payments are due Contractor, then the Contractor's surety will be responsible for said reimbursement to the City. This Section shall survive the completion, termination or expiration of this Agreement The terms of this Seotion are not a waiver of any applicable statute of limitation orrepose, ARTICLE Vill INSURANCE AND INDEMNIFICATION Section 8.1 Insurance 1) The Contractor shall, at its own expense, secure and maintain in effect throughout the duration of this Agreement insurance against claims for Injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors All such Insurance shall meet the requirements set forth in Exhibit C to this Agreement. All such insurance shall issued by a company or companies qualified to do business in the State of Illinois The Contractor shall provide the City with a certificate of insurance indicating that such insurance coverage meets the requirements contained in Exhibit C, Should any of the insurance policies be ci nceled before the expiration date, the issuing company will mail sixty (60) days written notice to the City The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein 2) The Contractor agrees to include the City as an additional named insured on both its general and auto liability insurance policies, and its umbrella policy, 3) The Contractor agrees to provide Pollution Liability Insurance with at least a one million dollar limit of liability, 4) The Contractor will provide transportation coverage to apply to the loading or unloading of any watercraft, aircraft, motor vohrole, or rolling stock of any kind, whether owned, operated or rented by or loaned to the named insured or not. Coverage will also apply to the transportation of materials to or from any job she in the course of the performance of the named insured's covered operations 5) The disposal site used by the Contractor will be insured as well per 40 CFR (Code of Federal Regulations) Chapter I, Part 264 147, which requires the disposal facility operators) to have %, 3/6, 418, limits for sudden and non -sudden secureness. 6) Insurance premiums are the sole responsibility of and shall be paid by the Contractor ]) Work cannot commence until Contractor first provides the City with certificated) of insurance and, if requested by City, corniest copydes) of the policypes) of insurance evidencing the Coverage, and the amounts set forth in this Section These cernfcate(s) of Insurance and insurance poilcybes) shall explicitly designate the City as an additional insured for this Project If Contractor fails to give the City such ocrtilcate(s) of insurance as referenced herein, and coddled reptiles) of the poiicydes) (if requested), that shall constitute a material breach by Contractor of this Agreement Contractors certificate of insurance shall CIO contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without sixty thirty (60) days pnor written notice (hand delivered or registered mail) to the City Contractor shall promptly forward new cerificate(s) of insurance evidencing the coverage(s) required herein upon annual renewal of the subject polices 8) Contractor understands that the acceptance of Certificates of Insurance, policies, and any other documents by the City in no way releases the Contractor from the requirements set forth herein. 9) Contractor expressly agrees to waive its rights, benefits and entitlements under the "Other Insurance" clause of its commercial general liability insurance policy as respects the City In the event Contractor fads to purchase or procure insurance as required above, the parties expressly agree that Contractor shall be in default under this Agreement, and that the City may recover all losses, attorney's fees and costs expended in pursuing a remedy, or mi nbursement, at law or is equity, against Contractor Section 8.2 Indemnification 1) The Contractor shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including reasonable attorney's fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Contractor or Contractors subcontractors, employees, agents or subcontractors during the performance of this Solid Waste Services Agreement Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided This provision shall survive completion, expiration, or termination of this Agreement. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILLS 10/1-101 Olson 2) The Contractor shall provide landfill indemnification as outlined in the attached Exhibit "C" of this Solid Waste Services Agreement Section 9.1 NorrAssignability ARTICLE IX MISCELLANEOUS C11 The Contractor shall not assign this Sold Waste Services Agreement or any pad thereof without the prior written consent of the City, whose approval shall not be unreasonably withheld If the City approves of any such assignment, it will be done by the corporate authorities of the City and if the City determines it is in the best Interests of the City to grant such approval. The Contractor shall not assign or subcontract this Solid Waste Services Agreement or the work hereunder, or any part thereof, to any other person, firm, or corporation without prior written consent of the City, but the Contractor may perform its obligations hereunder through Its subsidiaries or divisions Such assignment shall not relieve the Contractor from its obligations under this Agreement, or modify the terms of this Agreement. Section 9.2 Equal Employment Opportunity 1) In the event of the Contractors noncompliance with the provisions of this Section 9.2, the Illinois Human Rights Act or the Illinois Department of Human Rights Rules and Regulations, the Contractor may be declared Ineligible for future contracts or subcontracts with the State or any of Its political subdivisions or municipal corporations, and this Solid Waste Services Agreement may be canceled or voided in whole or in can, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. 2) During the performance of this Solid Waste Services Agreement, the Contractor agrees as follows. a) Thind will not discriminate against any employee or applicant for employment because of raw, color, religion, sex, marital status, sexual orientation, national origin or aneestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service, and further, that it will examine all job classifications to determine if minority persons or women are underutrized and will lake appropriate affirmative action to rectify any such underrtilzation b) That, if it hires additional employees in order to perform this Solid Waste Services Agreement or any carton hereof, d will determine the availability (in accordance with the Illinois Department of Human Rights Rules and Regulations) of minorities and women in the anw(s) from which it may reasonably recrwt and it will hire for each job classification for which employees are hired in such a way that minorities and women are not under-utilized c) That, in all solicitations or advertisements for employees placed by the Contractor or on the Contractor's behalf, the Contractor will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, sexual orientation, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service, ci2 d) That the Contractor will send to each labor organization of representative thereof with which it is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Contractors obligations under the Illinois Human Rights Act and the Illinois Department of Human Rights Rules and Regulations. If any such labor organization or representative fads or refuses to cooperate with the Contractor in its efforts to comply with such Act and Rules and Regulations, the Contractor will promptly notify the Illinois Department of Human Rights and the City, and will recruit employees from other sources when necessary to fulfill the Contractors obligations thereunder e) That the Conti actor shall submit reports as required by the Illinois Department of Human Rights Rules and Regulations, furnish all relevant Information as may from time to time be requested by the Illinois Department of Human Rights or the City, and in all respects comply with the Illinois Human Rights Act and the Illinois Department of Human Rights Rules and Regulations f) That the Contractor shall permit access to all relevant books, needs, accounts and work sees by personnel of the City and the Illinois Department of Human Rights for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Illinois Department of Human Rights Rules and Regulations g) That the Contractor shall include, verbatim or by reference, the provisions of this Section 9 2 in every subcontract it awards under which any portion of the Solid Waste Services Agreement obligations are undertaken or assumed, so that such provisions will be binding upon each subcontractor The Contractor will promptly notify the City and the Illinois Department of Human Rights in the event any subcontractor fails or refuses to comply therewith In addition, the Contractor will not utilize any subcontractor ineligible fin contracts or subcontracts with the State or any of its politleal subdivisions or municipal corporations 3) During the term of this Solid Waste Services Agreement, the Contractor shall comply in all respells with the Equal Employment Opportunity Act. The Contractor shall have a written equal employment opportunity policy statement declaring that it does not discriminate on the basis of race, color, religion, sex, marital status, sexual orientation, national origin or ancestry, disability, or age Findings of noroccmphanoe with applicable State or federal equal employment opportunity laws and regulations may be su8eient reason for revocation or cancellation of this Solid Waste Sooners Agreement, C13 Section 9.3 Prevailing Wage Rates 1) Not less than the prevailing rate of wages, as found by the City or the Illinois Department of Labor, or determined by a coup on review, shall be paid to all laborers, workers and mechanics performing walk under this Solid Waste Services Agreement The Contractor and each subcontractor shall keep an accurate record showing the names and occupations of all ]oboists, workers, and mechanics employed by them on this Solid Waste Services Agreement and showing the actual hourly wages paid to each such person 2) The submission by the Contractor and each subcontractor of payrolls, or copies thereof, is not required. However, the Contractor and each subcontractor shall preserve their weekly payroll records for a period of three (3) years from the date of completion of this Solid Waste Services Agreement. Contractor understands these recods are subject to Illinois Freedom of Information Act requests and agrees to cooperate with the City to produce such records if the Cily receives a Fission of Information request for such documents by a requeslor. 3) If the Illinois Depadment of Labor revises the prevailing rate of hourly wages to be paid by the City, the revised rate, as provided by the City to the Contractor, Shall apply to this Solid Waste Services Agreement Sciatica 9.4. Performance Bond or Letter of Credit The Contractor shall furnish a performance bond for the faithful performance of this Agreement, such bond to be substantially in the form attached as Exhibit D, to be executed by a responsible surety company and to be in the penal sum of $500,000. Such performance bond shall be furnished annually by the Contractor for each subsequent year this Agreement remains in effect, and shall indemnify the City against any loss resulting from any failure of performance by the Contractor The initial bond shall be posted on or before the data that the Contractor commences providing Services to the City and the bond shall be posted within thirty (30) days of the anniversary of the date on which the Contractor began performance of its Services pursuant to this Agreement Section 9.5 Provision for Telephone Calls The Contractor shall maintain an office and a [1.800) telephone number, for the receipt of service, oiling and complaint calls, and shall make such telephone number known to residents served under this Solid Waste Services Agreement The Contractor shall be available for such calls on all working days from T 00 a in to 5 00 orn Any complaints must be given prompt and courteous attention, and in the case of missed scheduled collections, the Contractor shall investigate; and a verified, shall arrange for collection of such waste within 24 hours after the complaint is received C14 Section 9.6 Equipment to be Used by Contractor 1) The Contractor agrees to collect all nationals described in Section 2 1 in fully enclosed, leak -proof, modem trucks. All vehicles and collection equipment will be kept in safe, operable condition Any equipment that is used by the Contractor, that is determined to be unsafe, or in an overall poor condition by the City, shall be replaced at the request of the City. 2) The Contractor shall furnish and maintain all trucks, labor, tools, machines, material and equipment necessary and required for the full, proper and efficient conduct of the work. All equipment shall be kept rn good order and repair must be subject to the approval of the City at all times Each vehicle shall have clearly visible on each side the name and phone number of the Contractor The Contractor shall keep all trucks and any other equipment used in the collection and removal of municipal waste in good repair, well painted, numbered and thoroughly cleaned. 3) Containers provided by the Contractor and used under this agreement shall be operable, safe and free of graffiti. Any container in dempair of this sort shall be replaced by the Contractor within three (3) days of notification by the City. Containers with plastic Inds that are ii-fifted due to obsolescence or warping shall be replaced within three (3) days of notification by the City, in order to maintain a tight fitting seal to prevent access for pests All containers unit be adequately demarcated with the Contractors logo Each container wtll have an inventory control number demarcated on each container that is cross-referenced to file seance matrix Section 9.7 Compliance with Laws 1) The Contractor shall comply at all times with all applicable federal, State and municipal laws, ordinances and regulations at any time applicable to the Contractors operations under this Solid Waste Services Agreement with no Increase to the Contractors compensation as set forth in this Solid Waste Services Agreement, The Contractor shall obtain, at Its own expense, all permits and licenses required by law or ordinance and maintain the same in full force and effect The Contractor warrants and states that It has read this Agreement and all exhibits attached hereto, and agrees to be bound thereby, Including all performance guarantees as respects Contractors work and all indemnity and Insurance requirements 2) If Contractor fails to comply with any provisions in this Section 97, that shall constitute a breach 3) Effective 1/1/2010, pursuant to the amended Illinois Freedom of Information Ad, 51LCS 140/7(2), records in the possession of others whom the City has contracted will to perform a governmental function are covered by the Act and Cis subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (6) working day extension) Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Contractors control, the Contractor shall promptly provide all requested records to the City so that the City may comply with the request within the required emigrated The City and the Contractor shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable Section 8.8 Care and Performance The Contractor shall undertake to perform all sewmi rendered hereunder in a neat, thorough and competent manner, without supervision by the City, and to use care and diligence in the performance of all specified services and to provide neat, orderly, uniformed and courteous employees and personnel on Its crews The Contractor shall perform its services in accordance with this Agreement. The Contractor is an independent contractor and not an employee of the City. All employees and subcontractors of the Contractor shall likewise not be considered to be employees of the City. Contractor is solely responsible for the means and methods of all work performed under the terms of this Agreement Contractor is an independent Contractor and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to, Worker's Compensation Insurance. Nothing in this Agreement accords any third -party beneficiary rights whatsoever to any non-party, to this Agreement that any non-party may seek to enforce Contractor is solely responsible for enforcing and complying with all applicable safety standards and requirements relative to its work pursuant to this Agreement If the Contractor causes damage to the streets and/or alleys of the City, the City shall prepare an estimate of the cost to repair the damage. The Contractor has thirty (30) days to provide written comment on the estimate. After written comment is received from the Contractor, or at the expiration of thirty (30) days, the City will repair the damage and submit a final bill for the cost of the repair to the Contractor, The Contractor will remit the cost to repair the damage to the City within thirty (30) days of receipt of the final bill The Contractor shall perform all of the provisions of this Agreement to the satisfaction of the City The City shall base its determination of the Contractors fulfillment of the scope of the work in accordance with generally accepted professional standards The Contractor shall perform all of the provisions of this Agreement with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar conditions Failure by the Contractor to adhere to these provisions may constitute a Breach of this Agreement C16 Section 9.9 No Alcohol or Drugs The Contractor shall prohibit and use its best efforts to enforce the prohibition of any drinking of alcoholic beverages or use of illegal drugs by its employees, drivers and crew members while on duty or in the course of performing their duties under this Solid Waste Services Agreement The Contractor is solely responsible for enforcing these prohibitions Section 9.10 Governing Law This Solid Waste Services Agreement and any questions concerning its validity construction, or performance shall be governed by the laws of the State of Illinois Venue for any action arising out of or duo to this Agreement shall be in Cook County Illinois Section 9.11 Severability The invalidity or unenforceabdr y of one or more of the terms or provisions contained in this Solid Waste Services Agreement shall not affect the validity or enforceability of the remaining terms and provisions of this Solid Waste Services Agreement so long as the material purposes of this Solid Waste Services Agreement can be determined and effectuated Section 9.12 Customer Service The Contractor shall provide a monthly report listing all customer service requests and complaints as well as resolution of such. I any Section 9.13 Entire Agreement This Agreement sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein No portion of the Agreement shall be construed against a parry due to the fact that one parry drafted that particular portion as the rule of contra penom fem shall not apply Section 9.14 Force Malone Whenever a period of time is provided for in this Agreement for the Contractor or the City to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform If such delay is due to a cause beyond its control and without its fault or negligence including, without limitation Cll a) Acts of nature, b) Acts or failure to act on the part of any governmental authority other than the City or Contractor, including, but not limited to, enactment of laws, rules, regulations, codes or ordinances subsequent to the date of this Agreement, c) Acts or war, d) Acts of civil or military authority; a) Embargoes; f) Work stoppages, strikes, lockouts, or labor disputes (Subject to the requirements of Section 7 5 herein), g) Public disorders, civil violence, or disobedience, h) Rich, blockades, sabotage, insurrection, or rebellion; i) Epidemics or pandemics; 1) Terrorist acts; k) Fires or explosions; 1) Nuclear accidents; m) Earthquakes, floods, hurricanes,tornadoes, or other similar calamities; n) Major enerommental disturbances; or o) Vandalism If a delay is caused by any of the force majeure circumstances set forth above, the time period shall be extended for only the actual amount of time said party Is so delayed Further, either party claiming a delay due to an event of force majeure shall give the other party written notice of such event within three (3) business days of Its occurrence or it shall be deemed to be waived Section 9.15 Savings Clause If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions, or results, the remaining parts or portions of this Agreement shall remain in full force and effect. cis Section 9.16 Notice Any notice required to be given by this Agreement shall be deemed sufficient if made in writing and sent by cetlified mail, return receipt requested, or by peisonai serviuc, to the persons and addresses indicated below or to such other addresses as either party hereto shall notdy the other parry of in writing pursuant to the provisions of this Subsection If to the City, Sueetto Robinson, Director of Public Works City of Evanston 2100 Ridge Avenue Evanston, IL60201 If to the Contractor: Joshua Connell, Managing Member Lakeshore Waste Services, L L C 6132 W. Oaken Street Morton Grove, IL 60053 713-685-8811 Section 9.17 Mailing of Notice Mailing of such notice as and when provided above shall be equivalent to personal notice and shall be deemed to have been given at the time of mailing IN WITNESS WHEREOF, the parties hereto have caused this Solid Waste Services Agreement to be executed by their duly authonced representatives, all on the day and year first above wnften [CONTRACTOR] y (A /Evanston By (ne Its Jo hurt Connell Menacing Member Its: City Manage C19 Approved as to Form, / W Grant Farrar, Corporation Counsel czo EXHIBIT A CITY CODE TITLE 8, CHAPTER 5 MUNICIPAL SOLID WASTE Mmucade Page 1 ofG CVansten. lllmeis, coaeof Ordinances»�>r pH/O�EfyS-U1JIGipjj4 $PLIo�NASTR» even,.. s.m...i"I" em m TASTE fl:S_i: � DEFINITIONS: In snai InCmoln picWadmrtra appI we ofIDq chapter,thefo.bw,rgwo105 l have ft meenNps mibiRie ely.wlned:. CONTAMINATED. Not in rtspure state: tainted. De refied. Relined, or unclean. ) MUMCIPAL InchMes lacycDbIY mAenalA reEm, aodyard wa N. SOLIOWASTE: PRIVATE lay noneovemmeneal entity or any per5onp) net employed by a B.Vel.mental entity SCAVENGCR: ±Raced ID the business of colle<One, Re,,,,tlim, and/or tllsposing of muMdpal50I, lell RECYCLABLE MY material that can be reWded nr reused MATERIALS: 1 REFUSE: nGudes 10 d--Uded,unwanted, or re)eeeed mateIMC not inAuding lmrd waste of + eryclabm malenals. 1 YARD WASTE: ndudes III Pit. Cll➢pfe , leave,, tree preninga and Wnedy wastes, Weed , brush, Yid other composteble landscape type material. m Jill eei 9,S.2y- DIRECTOR OF PUBLIC WORKS, SUPERVISION All bpifts relan0y to I.KxPlag Iho eolbNoq removal,o,dispose'ofmoaavp Icello walla shall be tnelecl to the pe "I and tl,l .Ilan If R., d.d" DIMS. 6,'P, me of he, do "SR Oesgne ne%he IN mane'., oR aka ..by MWn. ppnryone el IN, pea. ev, la s.cb mm.. A, ss.ess) I S-B-SE,- GENERAL DISPOSAL REQUIREMENTS 1p) p:I,etus. must bn nb2dlnatlaaR leaMorwl, nonabcnd,enlwnf..... mrg µ.e slow9n➢edod hitp fAlbcary mudcodacnldpvm aspx9clien[lD�t4913&HTMRcquesF'http^^/o3a%'t°o2fl . 11/7Gl2010 Mutucode age 2 of! B) (C) (ol deposrtatl era U'.rmvnasvay, orneperminea to amrmummmr+moot In nny street, n'loyor other anWic plawn or in any pinm whare l iWle tonowwould coa numaner to spread IN potential or mutual neahealthatk n sanAn or merely M spousal (modern, or spenders at we dances w.d simar ssor ccm,nmusl estuaries shop not uee �va:no oocptades played bn the pt,bta<way by tko city to<afcct refuse disposed of by caseseby ry n a3oael 833-RECYCLABLE MATERIALS DISPOSAL REQVIREMENiS: tAiIrani and m ePpointheted by the �wto aa`nrern f, paportemImmersing nawwa,ors and aer4, worst raw] ssenAoffiPaper, ma9 ones, shipboardnd (pat s. papa lawmen anyoaF)'Hawam pxrw ao�axeean«.aamea 2. a own som�rcawl naia vda, Mum nee boot, carrirs,ang cede SII 4. Sleet are booth wm Ir coMmq empty aerosol cans and amply any point u+par S. ehnerswru�mmenah mace nsmtwrs h,),3.n,5, andswlUcua lids, viashr.6ana tDpxk c PVbXo�nn9aesos shall be from time to Onto mznaelos by r=qulapom promufgmnd by the director ha) rr.<ennraras annnbedmerm,n v ord sire so b:3;-RECYCLABLE MATERIALS RECEPTACLES: only for appeal Purrehl to" µo:mddnactom��`any anepraacdngaarv(sa)aaveto Oft mba< cunsannam and may normit aerc>ia`uawoorm<ahill and crude mot wv ortre "premium wa opiaramtoo rvoapuaarare isned $_r.&:�G£NERAL RECEPTACLE REOUIREM£NTS: (A) plural rrelety eve (65)ae ur(4'or awl nqe eai arose rollout mfuse r<pfim<ar.+ayde'l (el hoariest No`a<fiv wlil made from maw bitativrwx^ Ora v rnm.aawc aeraaorma mrmuwaaennerepr e or partners prov,ded by he aryw.ti be imphnwd with a real nutainard tamped and Ina wand or to ldcnary the causal cans Dlvneral P of mo retuso cans shelf remain wan the fly mid removal Of Said Chillier 2 n,pemertaro+y assure em Yale words and picnessetl rtaoobn tar omsR of lhn avecter of m arcep4abirYaw waste nOo a�m.up"ib°ysatypasriewne imposed by yisairwIt out moadmints am for �eeraalneot a raraw<mn<o.rn a mawe.arerahPla.ma n.dmaPaliatt.mv n<ansr mare lam dvha<a he hYip fAf'mary mumtcdc Comlpnnt aspx^c)icm1D=14913&HTMRrqucet'lntp' o3a°/a2f°/a2(1. I l/IIr/J.n10 Nionicude Pmfte 3 0£6 RY s.l.ed mn Ommm formifOO nee<t rs men it Resentment Mat a mp <emem is nordrd eta a oam (p) Was MR Isr a nand fryam else sndl daunt Amr.mum Member oM1wM(3o)rla ' smath PO r urore man nly(50) pounds then med sans+,es snap not erred I . N•l In amps on imin ame, and mmm ngb .ossnan one enceed Woo fast(2) In mmrler 1E1 rUbal at All mitt of spl:tl Manlo<ailena:on cxla.npr pmv:tlotl by pntelp see.angerssnall 1, ay 00 Proton off adl Of the pieion Conhlno ers it all maintained so that hated % ded by hum or her and e ng fee mind. address, olepMne numberaof the per antl Optimal aside premtaoe Oilseed by Sam containers, the number of wme,al rv, free capadry Of same, der ;owsom the �me, The en(10)daies, and the ys of a Ratio n ups 3 iffren tlapoe� Poarfo g ale °'sshot be maMmmnd vita boll AWA and ailed, boost pro es pest 8�-?:-OWNERSHIP OE RECYCLABLE MATERIALS: mcednoyet Marshall set of for ml.ec4on fair tconsuW a worded of this loading y Nry Unaulmm�cd mnncbonol (Ord ona-ery ¢3_@:-DESIGNATION OF COLLECTION SITE; COLLECTION AGENT: or beat fend��aninitial nment, imeart er or prlydmisnsshau settle a do"Mred Mil mail site on th e 'ss ands of whoom mepand MMIJ wmm reN pubbsned by his tlmodor offend: Voris vide Me a ry devntopmere and us nit• dnpodmem 'den. (e) noting dIt draaftilfbree important le a an mmslmenon star end remedelung then mrc crcrnl pv c n de;pMain nate one°nedei` aualye or am e I at or Gmeebee Thermade a for all equirements Minormmchomer�0 $§y;-COLLECTION RESPONSIBILITY: Ul,II_9.- COLLECTION SERVICE: (A) IB) 6ttp.//librnry.mumcadc unm/ptmi a<px�cltcntiA-19913&HTMAcqucst�lrttp o3a% 2fl/).9.. 1 t/16/201N Women e Paye 4 of 6 art Of a apon y Saba ntIIIc caned In vacant 8-6-12 of We Chapter GI All sense;means ,prsuantfor Iron a u93 of this chapter upabs me fendercc, o"Mose, rMunon, of orcer Franc, Fink ty a; a, MMITI pled from the mstistal sold waste pursuant franchise sery on to section 8a9-3J of Iris cof co) wr yool Nc59_2y-CONDOMINIUM/COOPERATIVE APARTMENT COl4ECTi0N: (n) Food enN nve nl .r.le)ar rolidwa nt (�545)ow rtival ner of 1110 stbSGbabOneor Fannie sciand to Me �uto he dclwrm.ne l by µen oma her Iran fa, Icv ofa wastecm.ammn seraynwcHoe IS) Refe nMarwn p orimalc afflaq wrin seen an person by ed:er the private scovergrr staff connectM e aN or me dent aee Of me an eayr of vemm Oyer. (c) vmlcoo rt has refu+n Me mm n .me a)an uring removal refficholl rabbi unef of 00became of Me Of ococuveunfsor a�n sq (n) TOO ddoStio etl saI bta fora wntlomfmuMcoopfrotrvo apevnent win be brateni as to oracdu the off bin" cowncnon vvh ran bass Of (I ( a35_3; �FRANCHISE g3_y�ay-ESTAeIiSHiNG FRANCHISE WASTE SERVICE. GENERAL REGULATIONS As surts bay fanner beat .nl l ay.a eaft wants, he city Fey yto antlw ptransportationon, and aard bly fmnepa old %Fpson by Oro an mo-e ihaalsof afro acavenaem crescent through cancan finance hitp'11llbraD� mwfwde coMprint aspx?cmm�lD-1491'fRll'I yRcqucs[=hltp' o3s9oJ.t°/�71 . l l/16/J,UIU Mumcodc age 5 ri (A) by the massive mcnlapal sera boom Marcitlso servtu f. oAr coatiew Move, or memur 4loahn9s that the cW rare not Mani- or mvmctpni sera vAi0r ,9- 1(A)a and of thin chapter, ON s of legal Uwn 8s9-II01 of this cnarperr o museum sa"��ar=irain the c t „wroa'<mnrian e f(myeas e`mi her (e) AN o,osa ml to re aate Service snerbemconsw.efo Pay,mr a, rna,massortmentassortments (c) rathreat to hunts heatm.walmre and zfety buttIn � event chat Ova eyWays thin once eachuvice`ceC (0) efie mumps chases shall MrAnnuo or ads a n rN v mber1, 2003aa c,uv after N :ember I adds A, ` on such enon`tssngoaof „o steNim nodurpid n the mot assist. tn emona, fnwpll iiwiam Man may remontm: a. room offore Mai as) pul 8=5-4-2..FRANCHISE SERVICE EXEMPTIONS: MY the nor Malay ayerhiymh any on be��muaiomledday foracmes survey ar Sandraau:el" o`atn`y°r`h° °I;cmst ��� n;i a cr ;�tna ihm a.ompron aloe =wMlal„anay.nclt,aaa.uand ra am Im,ned w a provided by Man"hy"(ranchise sc rl�,moe..n npat on Ornn�<, wn a eaaa �amw ,a ra .m be Any dencon ot legal ability that hoc area gm al an maintain fief the cM Us mane wants created shall mntmtt at ad oval l dish a P. evade fam"m Maymbed by the say captured cep Who 040Isof aatmmc pbrxmetrics helfbe od Often a may barmy un, el,d tl ogre ent added refuse from 19:i79. � ACCESS TO ALLEYS, COLLECTION: (A) RAaWetmm� WtMfeus^TOAn N'ey�AM scelbeaus roth Ono mash anall"�ebihall deadraaW any action site OU,envsR Uovcaon ile n such atmamteras bntmprush Waterro mreucn Myaaces`Rasrm to mecntlucdan site bad me aMoy a:lamid not Immarear valth h un hymandh.cesnmaybidNeed movement of vita On the atey final, Provided that corafem (9 majdamoem Wathast Array Access. t ydoes p aveovided mat n'snar coma gofaec damomm acn0 Movement Of sondes Fa Of 2. damagealt o ed the fire l Omar tcacheammmad$list so motion lelud or soured and placed attar firm (700)A`M on lot day of coltvclloan OA I= a neon still ar remo removed tons Nor wry no hater Pan sen ae rtn od later on(Me say of wnvctnn ormows(l2)hodm anrr actual we�Ulon. whtehavnr results l aSJ1:-RESRONS161LITY FOR COM1IPLIANCE: Mary seven simulate man pro s rr shandialronsi and oco.teaon and mai effective, gsLtasd yam waste eryor wmply einamillars d each appltcahte(Old 0 ease 8��?i-IMP031TION OF SANITATION SERVICE CHARGES: (A) Famem dafmd Ther" blamed6-5-1 onrM,.ehi me apler, IsI due structural for the rol:olion and dcpi or'tomn. as h(tp://Lbmrymhnicddc cum/print aspxPclicMliJ-14913&RTNilEcqucst—harp°io3a%J.i°/o2fl.. (i/16/201ti volftuord Page 6 of f, motyytoo cents SS95)permo m Pertaining reformcity isood sooty five(o5) go, n x. vo mrogngive 95)) perf one c.ty wsuednne we(95)go [on volowed an us one galftep or less tonch 3. netyyfive nls(Sa.95)pe se Pure eledw or any n 'oo st W I be basetl on u 4 tnryest YrheeDtea rnn pesem zt f ae brsyron n o PIPE) . go la) and Wa OrMed oeecwn 89.1 oflhoagapler,byMe atyucmmfor tfs corvadnn antld,npodal o!"Y+rd t is lSf,'/sa per yard vOVM snide P rdea h Xone arifmctoe any of yard orcol rraol Mae,e y none g Per e, noverateP by snesernon0 � 2. hvenryfee Peters (3J.5 W) per year per yard waslecan Mora Iferea) .0_G13_- 61LLING PROCEDURES; DISPOSITION O(PUNDSI ey_7g;-CHARGES CONSTITUTE ALIEN act slptothe Mov Me? agomentvfllen to la R Netl n3cla'eensl Maprnrnises eeuiveaenC eetn9v7MSINYtafq)rmairabmamyertmovkneo�n Pot Placid her right of me di to Meareaeor firieffifir tll n Me VlqgPca of Palo on I an$ to bodevof me e'N poporapty 1payinMoci get decrier c (Ord ea. Pet y msThe Asnn4nr NGtmec. , qG-t_-PENALTY. (A) b�dcllnplvrexcevtsecllons ev-y s5iv. a-st3. aoae rta sleal by ore ofnot lvsa mMain ly nty five POaAm m. (5350) nor Dre men five hunifirel 1($60000) Aconcrete Poore shall on deem..d mmmormf for MMOPy sucn reopen crew: orcomforper; (e) on who doer vole N seo "J furls rime aria be Puniggern by r,ofyet lets nfiv w am($5000elated W„nor morn haervecallvn hurdled do.lws($500 CO)IAooparat+clf s, slhell by tlezmod an oboddip reoprob hifp //libmty municedc coMpfi�t aspx"clicntlD=14�73&IiTidRcqucxh�bn)i'/oJ6'!2(°ie215. 7 i/i GI2U10 Murucodc Paye 1 of 3 Evanston, Ihlno(¢, Code of oralnances» .».» -» CHAPIF$_iL2_MUNLCLBt�E4t10 .V.V-AsiEjiAU,tjZLG_LICEFjSE >- IjQpTER.S�La=NLUSiJGJP.A450L( yJ(y5IEJ4 gJ1_LJJgG,UCEjJSE BECTIOM J2L.11GIaL�€ftF.pWaEo. JSE844pB:RIttsLg9ttcE,!tlGFaoNIUc9L9N. •mhaEa9EWSPosu. e..J124:XEHrcLEeEaulBEtffi{6. ¢�JVLJ _C.OrybSAu>;nurrgECV,q�uaal3: .sAUULY1oNIavE¢ LwolaOEutiG. msy�.ypysypuc'rlobs£51�•°mre. N]s. 4+viN.:PFNCtCL B_51/?_t,-LICENSE REQUIRED: (A) NO pnvrtatil pull notate of maryal sold nndonythm theaun meant limbs Widemfrut beauty b a.°padaLmnse to oo ao YF.e onl)�p+va[escevcngnra e�elble bapWY to+acne 4wnee a.0 a Those canuthwal" by Van,city an the famchlsopa�mare asards) pursuan11o5ablemms9-3 of thus Turn solid wood Pim eslhalam soldwast forms ssorwhby U.e Pry's mun!upo! assume or on IN palsoln waste tmrwhiwsripars 16) WhoullisEvery pstoy(orfa Urner5 Ocarry one Whilinn^aso!a private sd wne, and lahshoo Tto he nu o Chapter of ln�s Tale rclauno to municipal aol:tl wnste. and shall slalrt The number n such Method f (C) enapp �y the torha lao lThe rc naO halle!e granted slate what nth approval afi and Me plans thereof, Unfilled erheathiimanner oois or her Mail and may behookah Upon the anyhase upon the uile ncommom by mon Hindu)Of ma 01r4gor far rouse. 8_51(Z2;-FEE, 60N0 AND INSURANCE,INDEMNIFICATION: (At fach sal smell pa annually to The "Col:ector the sum of ninety, dollars (Side oo) for each and unary season rest by the mall to haul mun:upal so!Itl waste. (9) ual Me o�nteslg m n OOall and (arty nall cco oo) Interact pit Earn Immune shall agreine vmt mdemm to hn Shopand keen a .Pss own rM, from nm, nna nil wmb�ned sirglal p roavnence for z labYry. one minion aonars lSt,000,elm.no)commnca angle unit her ncratrrenre Por F.otlJy lnpry�p not ln)uryantl p�opedy tlemage. a Imen e Sunu lim o^d e p y m Ilnb ty, WorAers humeruson as as required by The City shay be Loud as an ac'da oral mrwed on Ira non vowe of mammon, rue n;y ch rrom In me hity+'/lhhmry mumcode wm/p/int aspx9c7tcnPD-14913&H7T9Prynesrhttp°ia3a°r°ZF/°J.P It/[a20 (0 n,vmnuac rage 2 of 3 brodeam or of shounpayustberepoacIto me Public Human Dlnder or h.c or nertlentri saw omanfl becor.mgWoolies foma, 6:ill;p3.- MANNER OF DISPOSAL: manavoll sold ran poach wg ma Car„n yin superplane dd ressmamasw alms bel itoan an p be dM ryrF any HesF Cream Fran bar Mealli _ fod san pq 124:-VEHICLE REQUIREMENTS: 85112_q_ta - CONSTRUCTION REQUIREMENTS: waded to bo loaded vmn munldpal sChtl wade shetl be mnswcted ncuNinglome mq cantl dersoffnso Degas Sodiof umHcalm. a AM wholesf such redeem In pa Sodium 85 may be o and ad rabod. shall tube e and same add t le,ls Maroon no In omen aay Amerman sa kn rvmiror to may be or shall oM1 ardequoris and fight, command so a a of such loadmonlents or shallerepre rspill lhere(rmn, and snap on atlequateiy grid tghUycovered so nsie graven, Manatee from polTensive tyro ana.rot 8_J2Q�.USE CREATING NUISANCE PROHI6ITED: ehwlew�ykga0 coca same at spvasmoorme eomemaorpnr pnurvaun. ccaapool. or clink, ornavrng uponn substaw; snail, valhwrbire<es Mhor reposed wheat any Armed mayb , paslus umbergalncr. before or near say al dreg, plane ofbpsmres time in eforti Proposed wheat ar er.on maybe; roraha yM morminardaendorremarnan areasonds.a r shtfir oany yono vchudorrThedigorfn prefer; about enyslmetor Nmi.gM1 any MM1ab;fed miner orgmuntls.ror shall any such vcnrde, orlne drlverinermf, or oq errtenrs usedinWarrant thireare all An spread and kept in banns piano vine me needless offense shall but learn to OR Of the inlablumbamacity No drover f any suen server, not any person having Undertaken or being engaged about vie loatlmg or sasoaden moral. far cr.gagod about ins dreemry m or emptying or or hei smallOn to empty or throm any Assume, morsel wastel offal or via contents Cluny vault. Ank, many, enter basin. casspcot, or me treemnar staff do or permit to be door about Ine same, or In mmecgort Ihainuarrf, sowh old shall be slma needlessl y oRenson Or OR k recped 10 any marina, street, plain. bardirm or hemrses. A I vahkkssncll be thnmugnlYdrernleeled ertl main an.roHenslremndrl(on wash nd nusn M-UT;f .C;-LEAKfNGPROHIBITED: 140 nag begs duty ofeveryscavengef. conbaelor, and person who has ordered or promised cr is person shall having any re the form e est aNdas carried, to prevent any vcnrde from bomg no Tory named or town beut9,n your or of ruch,aulry wnslrudron or Poim state of m being rto properly woven or rrrarwged, nor my Albumen quid or nay manure. garnape, nrimah, offal, dim, or material Ihermn shall Toll upon or to any prate, sheet or premises It off be The awry of every such person to at once remove sum msf ewhe from yard properly and mpWw some on such vroo prp as Poet UJ(ZS_ � COLLECTION EQUIPMENT CONDITION AND LABELING; Eead;Rsnsea anal) malnlain its reMbrocnf used In lac designated winces in good repay am wortref order Alf caresubion fdrimmul farm by man feel mud Irides twrveaM ConWwrv.numbs* of the firm steady adopt fltibrary 110612IID Nomm e Page 3 of dzplaynd Indoors shall nave aucb embralbn dmpmyod on both score tore sammel i &EI126a- RESIDENTIAL RECYCLING REQUIREMENTS: IAI Cashelvo Wingwadehe fro al berareclor.flWasclefli's five (dnsl9nated pursor more stised toy bscadon a59 a of this TlllThe elsbet became Won (1). salty ten bacon messing cart from sndcontrnnor of no boson the avnors of such bubdep (S) mryding son P Prevent to Was saoeon shall pmmdeadequate e sprint for ea in can and avers to each can to the building residents and the muntcimal sal l waste boost contactor lore No. le oIm,, g f, asno) 18_AJ121; -CONSTRUCTION OF CHAPTER: removal Ned Deco Ololdi to ID Aer,g any notes, ammo id, anyo eadCaimals. and ceal from t resm al and allert of Me C DID ter, peNa6e. ashrou manure, offnl, rvsvat aena animals. and other m, cn(r m es n Me Glry, by the Gry analoruimugh its contreMrs or otM1enrrse forosso to-o fos4 f, a-e.+a) 18_ 6.1/9�8: -PENALTY' Any person svlro shwa vglate file perviskns of INS Chapter snail be punhh dre by a fine of not loss than fny dollars tBso.Cq, nor more Than ave hundred dmlars USK) ON) A separate cttense sea+bp apemea wmmnmd rorcan a,y such veteran Moody or brodroo$ b�./Pobfary,mwimde coMPrint aspx"tclicntlN=14913&Hi MRcquest—lttlp%3a%2f%2R, t(/t612010 EXHIBIT B PRICING SHEET st Pronossal Shoot 1 s nalo FamllvaRefuse Collection seposed I hot of mrnanre Und asks, and,mn,rn rwooled k95aalornM Get �sotrtedr mixX0 SIab nonrox 7310095 Gal cartel knWoubsour 5 600 1�opaiiw �sslz mn;t�ssaaliop mn s�, 00r, par Week kale dnet jpno nsww cannon as gGvoP GGot s t so Q Cil Condo Proamm Relsea Collection metcly SSeo unit Session UUUoeperr wtedlon of mnnaoturu�aurc 5c$�rn uxrmnniu AUUllorml ray olconacon of �arsorw,aa5adGo do rnndnnrn 9z=0 I Ncan Werjoned ro.eran tire parunit for monih Well lan reel of line 95 µffon cart) etm a DStn jourchass 612food 95"non gr4^opp4rtl aver tlo Me EXHIBIT C INSURANCE PROVISIONS A insurance Renmmments The Contractor shall procure and maintain the following Insurance during the entire term of the agreement described in Article 8 Type of Imwppr br 1 Workers Compensation 2 Employers' Liability 3, Commercial General Liability, including "occurrence" coverage for. a Premises and operations, Independent contractors protective, contractual liability, broad form property damage and XCU hazards It. Products and completed operations (including broad form property damage) c. Personal injury liability 4 Business Auto liability (including owned, non -owned and hired vehicles and coverage for environmental liability) Resonant I Imita of i lability Statutory $500,000 per accident $500,000 disease (policy limit) $500,000 disease (each employee) $1,000,000 per occurrence for bodily injury and property damage combined $1,000,000 annual aggregate per location for bodily injury and property damage combined. $1,000,000 per occurrence for bodily injury and property damage combined $1,000,000 annual aggregate for bodily injury and property damage combined $1,000,000 per occurrence $1,000,000 annual aggregate $1,000,000 per accident for bodily injury and property damage combined, 5 UmbrellalExcess liability (to apply as $5,000,000 per occurrence excess over 2, 3 and 4 above) $6.000.000 annual aggregate B, The insurance policies s 1 The insurance policies set forth in items 3 and 5 above shall continue to be tw maintained for a period of two (2) years following the termination of the Agreement 2 Equivalent insurance must be maintained by each subcontractor of the Contractor 3. All insurance companies most be reasonably acceptable to the City and may Include self-insurance obtained by the Contractor Minimum insurance carrier requirements include a current rating from A.M. Best Co , Inc (or any successor publication of comparable standing within the Industry) of "A VgP and a license to do business m the State of Illinois 4, All liability coverage shall be written on an occurrence basis If this coverage is on a Claims Made basis then the agreement should note that the Retroactive Date on the policy will not be advanced during the term of the contract. Prior to commencing Services under the agreements, the Contractor shall deliver, or cause to be delivered, to the City ces ifcates of insurance (and other evidence of insurance requested by the City) which the Contractor is required to purchase and maintain pursuant to this Schedule. The Contractor shall deliver cedificalee of renewal or replacement policies or coverage no less than ten (10) days prior to the effective date of each renewal or replacement policy or coverage 5. All insurance coverage required to be purchased and maintained shall contain a provision or endorsement providing that the coverage afforded will not be cancelled, materially reduced or altered or renewal refused until at least thirty (30) days' prior written notice has been given to the City by certified mail G, The Contractor shall be responsible for promptly reporting all claims to the appropriate insurer on behalf of itself, the City and the additional insureds set forth below 7 The Insurance policies set forth in items 3, 4 and 5 above shall be endorsed to include the City, the directors, officers, employees, agents and members of the City, SWANCC and the directors, officers, employees, agents and members of SWANCC as additional named insureds for all activities of the Contractor In the performance of the Agreement Such insuance is to be primary and non- contributory with any insurance secured and maintained by such additional named insureds EXHIBIT D FORM OF PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address), SURETY (Name and Principal Place of Business) OWNER (Name and Address or City)