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HomeMy WebLinkAboutRFP 11-23, Municipal Residential & Condominium Solid Waste Collection - Single Family Residential Refuse Collection ContractResidential Solid Waste Contract SINGLE FAMILY RESIDENCES SIX (6) UNITS OR LESS REFUSE SERVICES AGREEMENT BETWEEN CITY OF EVANSTON AND GROOT INDUSTRIES, INC. DATED: October 22, 2010 TABLE OF CONTENTS Rome PREAMBLE .. _01 ARTICLE I -DEFINITIONS Section 1,1 - Definitions _ _ C 2 ARTICLE II, - SCOPE OF SERVICES Section 21 - Single Family Refuse Semce _ 03 Section 2.2 - Cen4ngency Plan _ _ _ .. _ C 4 Saolen 2 3 � Excluded Services _ _ C 4 Section 2 4 - Modification of Required Services _ _ ... C 4 Section 2.5- Holiday Collection Schedule .,, , 04 ARTICLE III . TERMS OF SOLID WASTE SERVICES AGREEMENT Section 31 - Term of Solid Waste Contract _ _ C 5 ARTICLE IV - SOLID WASTE COLLECTION AND DISPOSAL Section 4 1- Schedule and Location of ColOc lon C 5 Section 4 2 � Disposal of Sobd Waste 06 Section 43 - Said Waste Collection Data _ 05 ARTICLE V -COMPENSATION Section 51 - Residential Service _ _ _ C 6 ARTICLE VI - TITLE TO WASTE Section 61 - Title to Waste _ _ C G ARTICLE VII � BREACH', EVENTS OF DEFAULTAND REMEDIES Section 71 . Broach by ConVanior _ _ _ C 6 Section 7 2 - Breach by City _, CS Section 7 3 � Events of Default and Remedies of City _ 08 Section 7 4 - Events of Default and Remedies of Contractor _ ., C 9 Section 7 5 - Labor Agreements and Work Stoppages C 10 ARTICLE VI II - INSURANCE AND INDEMNIFICATION Section 81 - Insurance C 10 Section 62- Indemnification __,,, C11 ARTICLE IX - MISCELLANEOUS Section 91 - Non,Atragnabihty .,. ., .... - - _. C 12 Section 9 2. Equal Employment Opportunity C 12 Section 9 3 - Prevailing Wage Rates _ _ _. _ _ G 14 Section 94 - Performance Sand or Letter of Credit - C 14 Section 9 5 - Provision for Telephone Calls - - C 15 Section 96 - Equipment to be Load by Contractor 014 Section 9 ] - Compliance will Laws _ _ G 15 Section 9 8 - Care and Performance _ _ _ 015 Section 9,9- NOAicoholor Drugs _ ___ Cie Section 9 10 � Governing Law - _ _ _ C 16 Section 911 - Sevembifity- _ _ _ .. C 16 Section 9 12 - Customer Service _ _-„ ..,, C17 Sechon 913 - Entire Agreement _ _ 017 Section 9, 14. Force Majorca _ .._ _ .- 018 Section 9 15 � Savings Clause _ _ _ _ _ Cie Section 916 - Mouse . _ - 019 Section 9 17 - Mailing of Notice - - __ 019 EXHIBITS EXHISITA- Route Map EXHIBIT B� SAY Code Chapter 5, Municipal Sold Waste EXHIBIT C- Pricing Sheet EXHIBIT D- Insurance Provisions E%HIBIT E- Form of Pertonnance Bond EXHIBIT F - List of Buildings and Service revels 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 "Parkes") 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-I9-1 of the I@noes Municipal Code (65 ILCS 6111.19-1) to provide for the methods) of collection, transportation and disposal of municipal waste located within its boundaries and to provide that the method(s) 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 residential units (six units or less) The 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 rs 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 ARTICLE 1 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 hems specified in Sedmns 7,1 or 72 b) "Single Family" means pardences that are six units orless c) "Citys 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 Groot Industries, Inc, an Illinois corporation, and its successors and assigns e) "Event of Default" has the meaning specified in Sedless 7 3 and 7 4, It "City' means the City of Evanston, Illinois g) "Refuse" means all discarded, unwanted, or rejected materials, not including yard waste re recyclable materials h) "Puythe Use Agreemenf' means the Project Use Agreement, dated March 25, 1992. between the Sohd Waste Agency of Northern Cook County and the City, as amended from time to time, 1) "State" means the State of Illinois, j) "SWANCC" means the Soled Waste Agency of Nor hem Cook Gnarly. k) "SWANCC Waste" means waste generated by residential units that are six (6) units or less and waste gonermed by the City, 0 "Solid Waste Services Agreement" means this Agreement, dated . 2010, by and between the City and the Contractor, as amended from time to time 0 ARTICLE it SCOPE OF SERVICES Secfion2.1 Single Family Refuse Services The Contractor shall provide, on behalf of the City, complete service for designated collection and transportation of single family refuse to the SWANCC's Glenview Transfer Station located on the east side of Des Plaines River Road north of Central Road in Glenview, Illinois 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 municipalittes 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 vnll be performed on a weekly basis between the hours of 7 00 am to 5 00 pm, Monday through Thursday in accordance with the city' collection schedule, Each household will be provided either a 65 gallon wheeled or a 95 gallon wheeled cad The maximum allowable waste per household for residents with a 65 gal can is one 65 gallon cart The maximum allowable waste per household for residents wish one 95 gallon cart Is one 95 gallon can and one 30 gallon bag. The City estimates that 1,700 households will have at least one 65 gallon cart and 13,100 households will have at least one 95 gallon can Additional containers (more than 1) may be collected on a per unit per month basis. The City estimates that there are 5000 additional carts In the system. The contract price will include in the per unit per month collection costs for 95 gallon carts, the purchase of 25,000 95-gallon wheeled refuse carts that match the type and specifications of the Cily's existing 95-gallon wheeled recycling carts except that they shall be charcoal in color with black lids. The costs of the carts shall be applied over the lend of the contract The per unit per month collection cost for additional carts and 65 gallon carts should not include any mark-up associated with the cad purchase. Carts must be made available within 120 days from the commencement date of the contract The City is responsible for the scheduling of delivery of the carts which may exceed the 120 day availability date Carts will become the property of the City The City will distribute and continuum the carts, The Contractor shall provide for the refuse collection of Municipal Buildings twice per week between December 1`r and April 301° and three times per week between May fir and November 30i". A list of the buildings and service levels is attached as Exhibit F to this Agreement The City will collect recycling from all municipal buildings and Evanston schools The Contractor shall maintain a local telephone line or loll -free line. The Contractor shall have a clerk available to receive instructions from the City representative and to receive and process inquiries from the public on service collection days between the service collection hours of 700am and 5-00pm for the term of the contract The Contractor shall have on duty on all collection days at least one (t) qualified supervisor to be in the field when the collection Is being carried out, having for his/her use communication equipment so as to ensure a courteous, prompt and efficient method for dealing with requests for service or missed collections made by the City epmsentebves 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 Component, and the form wilt be summarized on a monthly basis by the Contractor and delivered to lire City representatives on a monthly basis or more frequent basis if requested by the City Section 2.2 Contingency Plan The Contractor will he required to submit to the City a written contingency plan demonstrating the Contractors arrangement to provide vehicles and personnel to perform its services required by this Agreement after one cycle of missed collection, and to provide service during mechanical breakdowns, natural disaster, strikes or other emergency Section 2.3 Excluded Services The following services are excluded from the Solid Waste Semces Agreement: 1) Solid waste collection, transportation and disposal covered under the Owe Municipal Solid Waste Franchise pursuant to City Code 6-5112 2) Solid waste collection, transportation and disposal covered under the City's Condo Program 3) Bur -annual free bulk trash events hosted by the City and white goods and fire Collections. 4) Special pick-ups 5) Recycle material, 6) Yard waste material Section 2.4 Modification of Required Services The City reserves the fight to adjust or expand the scope of residential and townhorne services required under this Solid Waste Services Agreement, upon thirty (35) days prior written notice to the Contractor, to accommodate changes In the definition of non-SWANCC Waste .,Changes in the scope of services provided by SWANCC The City and the Contractor agree to negotiate an equitable adjustment to the Contractor's compensation under this Solid Waste Sconces Agreement required as a result of any adjustment or expansion of services C4 Section 2.S Holiday Collaction Schedule The Holiday collection schedule for the City will be provided to the Contractor by July 15° of each year The schedule is based on days when City offices are closed in observance of the holiday. Observed holidays arc New Years Day, Dr Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day Holidays observed on a Sunday will be observed on the following Monday with the collection schedule being delayed one day for the remainder of the week. The Contactor is required to adhere to the following schedule for holidays that occur between the period of November 1, 2010 and July 15, 2011 Holiday Dates) of Observance Collection Date Thanksgiving Thursday Nov 25 Friday November 26 Martin L King Day Monday Jan 17 one day later all week Memorial Day Monday May 30 one day later all week Indepandence Day Monday July 4 are day later all weak ARTICLE III 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 The City reserves the right to request the renewal of this Agreement for an additional three CJ year period under the same terms and conditions, subject to acceptable performance by the Contractor Any renewal must be agreed to in writing by the City and the Contractor prior to the expiration of the initial tend of this Agreement ARTICLE IV SOLID WASTE COLLECTION. TRANSPORTATION AND DISPOSAL Sectimi Schedule and Location of Collection Single Family Refuse shall be collected in accordance with the CRY'S Refuse Schedule and Title 8, Chapter 5 of the City Code, attached as Exhibit A and S respectively Collection may not begin before 7 00 am unless expressly permitted by the City Sectfon4.2 Disposal of Solid Waste CS Single Family Refuse. The Contractor shall transport for processing all SWANCC Waste to SWANCC's Glenview Transfer Station located on the east side of Des Plaines River Road north of Central Road m Glenview, Illinois 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 Single Family refuse collected within the City 2) A monthly report will be furnished to the Streets and Sanitation Division showing all seance 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) Single Fammly Refuse. For providing for, on behalf of the City, the collection and transportation of residential refuse to SWANCC, the Contractor shall receive as compensation the rates outlined in the attached Exhibit C. The City shall pay SWANCC directly for the disposal of the residential refuse. The Contractor should provide an Invoice to the City itemizing the number of units serviced as outlined in Section 2.1, and type of units serviced, along win the unit price 2) The Sanitation Service Charges identified in Exhibit B, Code Section 8-5-12, will adjust annually based on the change in the Consumer Price Index (CPI-U) for Chicago -Kenosha -Gary. All such charges for the 12 previous months (September through August), are subject to a 2 0 % minimum adjustment and 4.0% maximum adjustment, such adjustment that will be effective as of each November Vi during the term of this Agreement. 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 Title to Waste The Contractor shall retain title to all City Single Family Refuse that it collects as provided for by this Agreement C6 ARTICLE Vfi BREACH: EVENTS OF DEFAULT AND REMEDIES Section T1 Breach by Contractor Each of the following acts or omissions shall constitute a Breach on the part of the Contractor: 1) Failure of the Contractor to timely perform any obligation under this Solid Waste Servces Agreement Such failure shall constitute a Breach if such failure remains uncured for one collection cycle after notice of the failure is given by the Gity to the Contractor, provided however, that this one collection cycle notice with opportunity to cure $hail not be required or the event of persistent and repeated failure to perform. 2) (a) The Contractor being or becoming insolvent or banhrupf 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 hgUidator for a substantial part of its property (b) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being insdefed by the Contractor Under the laws of any p risd,ction. (c) a bankruptcy, reorganization, insolvency, arrangement or srmdar proceeding being instituted against the Contractor under the laws of any p,,dmfion, 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 acgweseing 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 r*ftecbon, that coltection must be corrected vnthh 24 hours of the reported missed collection, excluding Saturday and Sunday, or a charge of ten dollars ($10.00) per missed collection wit be charged to the Contractor Twenty (20) misses that have not been corrected within 24 hours within a 30 day calendar period shall constitute a breach by Contractor, This Section does not apply if tire missed coltecdor, resahs 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 a 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 (6) 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 wnhm 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 Fish as slated m ARTICLE If, Section 22 of this Agreement Section Z2 Breach by City Each of the following acts or omissions shall constitute a Breach on the part of the City. 1) The City's being or becoming Insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a resolver, trustee or liquidator for a substantial part of its property 2) A bankruptcy, reorgamzation, 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 adios 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 Section7.3 Events of ➢efault and Remelts. 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 to Waste Services Agreement immediately, upon notice to the Contractor. In the vent of such termination the Contractor shall cease providing services under this Solid Waste Services Agreement b) The City retains the right to seek and recover from the Contractor any unpaid punts due the City, all of its substantiated costs for the failure of the Contractor to pedonn 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 the City related to work stoppages or strike are addressed by Section 7 5 herein c) The City may call upon the sureties to perform their obligations under the performance bond, or in the alternative, after releasing the sureties from their obligations under the performance bond, take over and perform the required services by Its own devices, or may enter into a new contract for the required any portion thereof, or may use such other methods as shall be required in the opinion of the City for the performance of the required services, d) The City shall have the power to proceed with any tight 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 penod the City shall pay the Contractor its scheduled compensation f) No remedy by fife 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 74 Events of Default and Romadiea of Contractor 1) If a Breach occurs under Section 72, the Contractor may declare an Event of Default and terminate this Solid Waste Services Agreement immediately, upon notice to the Crry In such event, the Contractor's sole remedy shalt 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 momrnohon ofthis Agreement Section 7.5 Labor Agreements and Work Stoppages 1) Contractor shot$ provide to the City the terms of its tabor agreements with aft bargaining units utilized by Contractor in the Contractors carrying out of its duties for this Agreement. During the term of this Agreement, the Contractor shall notify the City when negotiations begin with air bargaining units and shall update the City on the progress of those negotiations upon reasonable request by the City 2) Should a work stoppage or strike occur which fasts more than one collection cycle, the City shall be permitted 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 agreed 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 gins 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 Section are not a waiver of any applicable statute of limitation or repose ARTICLE Vftt INSURANCE AND INDEMNIFICATION Section 8.1 theorems, 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, rewesentafrves, employees or subcontractors All such insurance shall meet the requirements set forth in Exhibit D to this Agreement All such insurance shall issued by a company or companies qualified to do business in the State of Illinois CYO The Contractor shall provide the City with a certificate of insurance indicating that such Insurance coverage meets the requirements contained in Exhibit O. Should any of the insurance policies be canceled before the expiration date, the Issuing company will mad thirty (30) 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 3) The disposal site used by the Contractor will be Insured as well per 40 CFR (Code of Federal Regulations) Chapter I, Part 264147, which requires the disposal facility operator(s) to have 1f, 316, 418. limits for sudden and non -sudden occurrences, 4) Insurance premiums are the sole responsibility of and shall be paid by the Contractor 5) Work cannot commence until Contractor first provides the City with certificate(s) of insurance and, if requested by City, certified CopyQes) of the policybes) of insurance evidencing the coverage, and the amounts set forth in this Section These cerlificate(s) of insurance and insurance policybes) shall explicitly designate the City as an additional insured for this Project if Contractor fails to give the City such certificate(s) of insurance as referenced herein, and cedified copypes) of the policybes) (if requested), that shall constitute a material breach by Contractor of this Agreement Contractors certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30)days pnor wntfen notice (hand delivered or registered mad) to the City. Contractor shall promptly forward new cedificate(s) of insurance evidencing the coverage(s) required herein upon annual renewal of the subject policies 6) Contractor understands that the acceptance of Certificates of Insurance and any other documents by the City In no way releases file Contractor from the requirements set forth herein_ 7) Contractor expressly agrees to waive its figha, benefits and entitlements under the 'Other Insurance' clause of rts commercial general liability insurance policy as respects the City, in the event Contractor fads to purchase or procure insurance as required above, the padres 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 reimbursement, at law or in equity, against Contractor <11 Slated 8.2 Indemnification 1) The Contractor shall defend, indemnity and held harmless the City and its officers, elected and appointed officials, agents, and employees from any and all lability, 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 attorneys fees, judgments or settlements, resulting from of arising out of any negligent or willful act or omission on the part of the Contractor or Contractor's 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 harem 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 Tod Immunity Act, 7451 LCS 1all -101 at sag 2) The Contractor shall provide landfill mdemniFlcation as outlined in the attached Exhibit "D" of this Solid Waste Services Agreement. ARTICLE IX MISCELLANEOUS Shafted 9.1 Non -Assignability The Contractor shall not assign this Solid 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, rt will be done by the corporate authorities of the City and I 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 walk 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 C12 heeled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. 2) During the performance of this Solid Waste Services Agreement, the Contractor agrees as follows a) That it will not discriminate against any employee or applicant for employment because of ram, color, religion, sex, marital status, sexual orientation, national origin or ancestry, age, physical or menial 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 undemtff¢ed and card lake appropriate affirmative action Is rectify any such under -utilization b) That, if it hires additional employees in order to perform this Solid Waste Services Agreement or any portron hereof, it will determine the availability (in accordance with the Illinois Department of Human Rights Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not under-utilized c) That, in all solicitations or advertisements for employees placed by the Contractor or on the Contractor's behalf, fire Contractor will state that all applicants will be afforded equal opportunity without discrimination because of color, religion, sex, marital status, sexual orientation, national origin or ancestry, age, physical or mental handicap unretated to ability, or an unfavorable discharge from military service d) That the Contractor will send to each labor organization or mpresenrative thereof with which it is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of Me Contractor's obligations under the Illinois Human Rights Act and the Illinois Department of Human flights Rules and Regulations If any such labor organization or representative fails or refuses to cooperate with the Contractor in its phone 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 fight the Contractor's obligatons thereunder e) That the Contractor shall submit reports as required by the Illinois Department of Human flights Rules and Regulations, fumrsh all relevant rnfarmaten as may from time to time be requested by the Illinois Department of Human Rights of the City, and in all respects comply with the Illinois Human Rights Act and the Ifi nois Department of Human Rights Rules and Regulations CI3 It That the Contractor shall permit access to all relevant books, records, accounts and work sites 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 saddled, the Contactor will not utilize any subcontractor ineligible for contracts or subcontracts with the State or any of its political subdivisions or municipal corporations 3) During the term of this Solid Waste Services Agreement, the Contractor shall comply in all respects 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 haws of race, color, religion, sex, mantel status, sexual orientation, national origin or ancestry, disability, or age Findings of non-compliance with applicable State or federal equal employment opportunity laws and regulations may be sufficient reason for revocation or cancelfamn of this Solid Waste Services Agreement Section 9.3 Prevailing Wage Rates 1) Not less than the prevailing rate of wages, as found by trio City or the Illinois Department of Labor, or determined by a court on rewem shall be pard to all laborers, workers and mechanics performing work under this Solid Waste Services Agreement. The Contractor and each subcontractor shall keep an accurate record showing the names and occupations of all laborers, workers, and mechanics employed by them on this Solid Waste Services Agreement and showing the actual hoUdy 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 retards for a period of three (3) years from the date of completion of this Solid Waste Services Agreement Contractor understands these records are subject to Illinois Freedom of Information Act requests and agrees to cooperate with (he City to produce such records N the City receives a Freedom of Information request for such documents by a requester 3) H the Illinois Department of Labor eavi 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. C14 Section 9.4. Performance Bond The Contractor shall furnish one it) performance bond for the faithful performance of this Agreement and the yard waste colleckn agreement, soon bond to be substantially in the form attached as Exhibit E, 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 perormance by the Contractor The initial bond shall be posted on or before the date 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 Section9.5 Provision for Telephone Calls The Contractor shall maintain an office and a [1-800) telephone number, for the receipt of service, billing and complaint sells, and shall make such telephone number known to residents served under this Sohd Waste Services Agreement, The Contractor shall be available for such calls on all working days from 7 00 .,in to 5,00 p in Any complaints must be given prompt and courteous attention, and in the case of missed scheduled colleKrons, the Contractor shall Investigate, and if vennid, shall arrange for colleotion of such waste within 24 hours after the complaint is received The Contractors agrees to also reserve and respond to service, billing and complaint inquiries via its webs¢e, www.grootcom Section 9.6 Equipment to be Used by Contractor 1) The Contractor agrees to collect all materials described in Section 41 in fully enclosed, leak -proof, modern 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 in 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, Section 9.7 Compliance with Laws Cis 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 Contractor's 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 fares 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 9 7, that shall Constitute a breach. 3) Effective IIWO10, pursuant to the amended Illinois Freedom of Information Act, 51ILCS 14017(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory limeframos (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Contractor's control, the Contractor shall promptly provide all requested records to the City so that the City may comply with the request within the required hmeframe The City and the Contractor shall cooperate to determine what records we subject to such a request and whether or not any exemptions to the disclosure of such records or part thereof, is applicable, Section 9.8 Care and Performance The Contractor shall undertake to perform all semces 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, Workers 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 C16 If the City has determined and substantiated that the Contractor causes damage to the sheets 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 ConUaclor, or at the expiration of thirty 130) 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 Ise City within thirty (30) days of receipt of the final bill The Contractor shall perform ail of the provisions of this Agreement to the satisfaction of the City, The City shall base its determination of the Contractor's 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 Broach of this Agreement, Section 9.9 No Alcohol or Drugs The Contractor shag prohibit and use its best effoHs to enforce the prohibition of any drinking of ahminon; 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 Wash Services Agreement The Contractor is solely responsible for enforcing these prohibitions Section 9.19 Governing Law This Solid Waste Servmas Agreement and any questions concerning its validity, construction, or performance shall be governed by the laws of file State of hunts, Venue for any octal ansing out of or due he this Agreement shall be in Cook County, Illinois Section 9.11 Sevembility, The invalidity or unenforecabdity of one or more of the rerms or provisions contained in this Sold Waste Services Agreement shall not affect the validity or enforceability of the remaining terms and provwwns of this Solid Waste Services Agreement so long as the material purposes of this Sold Waste Services Agreement can be determined and effectuated Section 9.12 Customer Service The Contractor shall provide a monthly report listing all customer some, requests and compfafn(s as well as resolution of such, rf any, C17 The City of Evanston will conduct a customer service survey in the second and fourth Yea' of the contract to assess the Contractors service performance under the contract The Contractor wifi assume the cost of the survey at a rate not to exceed $10,000 00 per year, or $20,000 for the two surveys Section S.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 therem The failing of this contract shall be deemed to be the collaborative effort of both parties, thus the rule of contra fum erentam shall not spot/ Section 9.14 Force Majeure 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 I'such delay is due to a cause beyond its control and without its fault or negligence Including, without limitation 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 of ordinances subsequent to the date of this Agreement, c) Acts or war, d) Acts of civil or military authority; e) Embargoes, h Work stoppages, strikes, lockouts, or labor disputes (Subject to the requirements of Section 7 5 herein), g) Public disorders, civil violence, or disobedience; h) Riots, blockades, sabotage, insurrection, or rebellion, i) Epidemics or pandemics, j) Temcmt acts, cis k) I'ves or explosions, I) Nuclear accidents; m) Earthquakes, floods, hurricanes,tornadoes, or other similar calamities; n) Major environmental disturbances; or o) Vandalism if a delay is caused by any of the farce majeum circumstances set forth above, the time period shall be extended for only the actual amount of time said party Is so delayed. Further, either parry claiming a delay due to an event of for procure 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 Section 9.16 Notice Any notice required to be given by this Agreement shall be deemed sufficient it made in writing and sent by i m Pied mail, return receipt requested, or by personal service, to the persons and addresses indicated below or to such other addresses as either party hereto shall notify the other party of in writing pursuant to the provisions of this Subsection: Iftothe City[Suzefte to Provide) Suzette Robinson, Director of Public Works if to the Contractor' Frank HAlegonds, Municipal Manager Groot industries, Inc. 2500 Landmeier Road, Elk Grove Village, IL 60007 Phone, 847434-6440 Fax'847-427-9146 Section 9.17 Mailing of Notice C19 Mailing of such notice as and when provided above shall be egmvalent to personal notice and shall be deemed to have been given at the time of malting. IN WITNESS WHEREOF, the parties hereto have caused this Solid Waste Services Agreement to be executed by then duly authonzed l spresentatives, all on the day and year first above written [CONTRACTOR] City of Evanston Its... ,/,.o" its Cdy Manager `6 AG per G.ItFarmr. co,peratbn Counsel as EXHIBIT A AWi�A Trash Collection Routes iOm pp, kyok, D P 9dsq PgMa r aaa aaa �.,,.�am. ni R9� 6 9XHi4i %iW±iai ei§9�w±±i ei. nml±1 "�_ EXHIBIT B CITY CODE TITLE N. CHAPTER S. MUNICIPAL SOLID WASTE EXHIBIT C PRICING SHEET Sinale Family Refuse Collection Service Unit of measure Urvt once Per month I Once per week collection 95 gallon cart (anorox 17.00095 Pal cartel fvveiahtedl^ $716 Once per week collection 95 gallon cart I$5B0 (anorox 17.00095 oat carts) (unweighted)' i Once per week collector, I (anorox 1700 65 gal carts) 65 gallon cart $6zo Once per week collection of an additional 95 or 65 gallon can 95 gallon cart $5 10 lme rox 3000 additional carts) 65 Pallor cart $5M `Note Weighted refers to the per unit per month collection cost of the 95 gallon can that includes the purchase of 25,000 95 gallon carts applied over the five year term of the contract. Unweighted can does not include the can purchase The unit price per month rates for the Single-family Refuse Collection, and Yard Waste Collection Services are invoiced on a 12 month schedule. , Yard Waste Collection Services approximately 15,800 pick-up stops Service Unit of measure unit price par month Once peY week collection of 95 gallon cans, Caft bags or bundles pick-up stop $3,36 EXHIBIT O INSURANCE PROVISIONS A Insurance Reausements The Contractor shall procure and maintain the following insurance during the entire term of the agreement described in Article 8 Type of Insurance 1 Workers' Compensation 2 Employeral-lability 3 Commercial General Liability, including "ondurronce" coverage for a Premises and operations, independent contractors protective, contractual liabAdy, broad form property damage and XCU hazards b 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) 5 Umbrella/Excess liability (to apply as excess over 2, 3 and 4 above) Required Lm . of Liablhly 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 $5,000,000 per occurrence $6,000,000 annual aggregate 8. Miscellaneous Provisions I. The insurance policies set forth in Items 3 and 5 above shall continue to be 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 must be reasonably acceptable to the City and may include self-insurance obtained by the Contractor. Minimum insurance carder requirements include a current rating from A M. Best Co, Inc (or any successor publication of comparable standing within the industry) of "A VIII" and a license to do business in the State of Illinois 4. All lability 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 certificates 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 certificates of renewal or replacement policies or coverage no less than ten (10) days prior to the effective date of each renewal or replacement palmy 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 6 The Contractor shall be responsible for promptly reporting all claims to file appropriate insurer on behalf of itself, the City and the additional insureds not forth below The insurance polices set forth in items 3, h and 5 some 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 m the performance of the Agreement Such insurance is to be primary and non- contributory with any insurance secured and maintained by such additional named insureds EXHIBIT E 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 Pnnotpal Piece of Business) OWNER (Name and Address or City) EXHIBIT F MUNICIPAL BUILDINGS The following buildings will be collected in accordance with the schedule established under Section 2 1 Mandolins] Locations I Address Container Lorrame H Morton Civic Center 2100 Ridge Ave 5 vard dumpster Municipal Service Center 2020 Asbury four-5 vard dumpster Robert Crown Center 1701 Main St 10 vard dumpster Levy Senior Center 300 Dodge Ave three-3yard dumpsters Fleetwood Jourdain Center 1655 Foster 10 yard dumpster _ andier - Newberger Center 1028 Central St two-3 vard cambiums Ecology Center 12024 McCormick Blvd Noves Cultural Arts Center Sheridan Rd Lighthouse _ 927 Noyes St 2603 Sheridan Rd lwo-5 vard dumpsters two-3vard dumpsters I Main Library 1703 Oninglon two-5 vard dumpsters Water Deoadment 665 Lincoln St two-i vard dumpsters University PI & East Fermee's Market Railroad two-10 vard bannisters 1 yard dumpster and Polity& Fire headquarters 909 Lake Street two-3 vard dumosters 3-95 gallon Fire Station 1 1332 Emerson St containers 3-95 gallon Fire Station 2 702 Madison St containers 3-95 gallon 1 Fire Station 3 1105 Central St containers 3 .95 gallon Fue Station 4 1817 Washm9ton containers Fire Station 5 2830 Central St 1 veto dumpster Police Outpost 633 Howard 1 - 95 gallon container 7-95 gallon Animal Shelter 2310 Cakton containers