Resolution 2022-03 Resolution No. 2022-03
A RESOLUTION APPROVING A CONTRACT FOR GARBAGE,REFUSE,
RECYCLING AND YARD WASTE COLLECTIONS SERVICES WITH GROOT,INC.
WHEREAS,the United City of Yorkville, Kendall County, Illinois (the"City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and
WHEREAS,the City issued a Request for Proposal for solid waste and recyclable
collection services; and,
WHEREAS,the City received two responses to the Request for Proposals which have
been reviewed to determine the proposal that is in the best interest of the City; and,
WHEREAS,the City Council has determined that it is in the best interest of the City to
enter into a contract based
on the proposal from Groot Inc., as attached hereto.
NOW, THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the CONTRACT FOR GARBAGE, REFUSE, RECYCLING AND YARD
WASTE COLLECTION with Groot Inc., attached hereto and made a part hereof by reference as
Exhibit A, be and is hereby approved, and John Purcell, Mayor, and Jori Behland, City Clerk, be
and are hereby authorized to execute said Contract on behalf of the United City of Yorkville.
Section 2. That this resolution shall be in full force and effect upon its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
11th day of January, A.D. 2022.
•
CIT CLERK
Resolution No.2022-03
Page 1
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS ABSENT JASON PETERSON AYE
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois
this I tday of r.bbruav1 , A.D. 2022.
MAYOR
Attest:
41.et. st --(21AjAjtk
er, CLERK
Resolution No.2022-03
Page 2
UNITED CITY OF YORKVILLE
800 GAME FARM ROAD
YORKVILLE,ILLINOIS 60560
AGREEMENT
THIS AGREEMENT made this 11th day of January , 2022, by and between
the United City of Yorkville,an Illinois municipal corporation hereinafter called the"Owner"and
Groot Inc., located at 710 E. South St.,Plano,IL 60545 hereinafter
called the"Contractor".
WITNESSETH:
WHEREAS,the City issued a Request for Proposal for solid waste and recyclable
collection services; and,
WHEREAS,the City received Requests for Proposals and reviewed said
proposals to determine the proposal that is in the best interest of the City; and,
WHEREAS,the City Council has determined that to enter into a Agreement with
Groot as further described herein and attached hereto is in the best interest of the City.
NOW,THEREFORE, for and in consideration of their mutual promises and agreements,
the parties hereto do hereby agree as follows:
II. TERMS AND CONDITIONS
1. MUNICIPAL ORDINANCES
1.1 The successful Agreement will strictly comply with all ordinances of the awarding
municipality and laws of the State of Illinois.
2 USE OF MUNICIPAL NAME
2.1 The Contractor is specifically denied the right of using in any form or medium the
name of the City for public advertising unless express permission is granted by the respective
municipality.
3. INDEMNITY AND HOLD HARMLESS AGREEMENT
3.1 To the fullest extent permitted by law, the Contractor shall indemnify, keep and
hold harmless the City and its agents, officers, and employees, against all injuries, deaths, losses,
damages, claims, suits, liabilities,judgments, costs and expenses, which may arise to the extent
directly or indirectly from any negligence or from the reckless or willful misconduct of the
Contractor, its employees, or its subcontractors, and the Contractor, its employees, or its
subcontractors, and the Contractor shall at its own expense, appear,defend and pay all reasonable
charges of attorneys and all costs and other expenses arising therefrom or incurred in connection
therewith,and,if any judgment shall be rendered against the City in any such action,the Contractor
shall, at its own expense, satisfy and discharge the same. This Agreement shall not be construed
as requiring the Contractor to indemnify the City for its own negligence or that of third parties.
The Contractor shall indemnify, keep and save harmless the City only to the extent where a loss
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was caused by the negligent,willful or reckless acts or omissions of the Contractor, its employees,
or its Subcontractors
3.2 The rights granted to Contractor under the Agreement shall be exclusive. The City
may, in its sole discretion, enforce the exclusivity provisions of the contract against third-party
violators,taking into account the cost of doing so and other factors. Contractor may independently
enforce the exclusivity provisions of the Agreement against third-party violators, including, but
not limited to, seeking injunctive relief and/or damages, and the City shall use good-faith efforts
to cooperate in such enforcement actions brought by Contractor.The City shall use its best efforts
to adopt ordinances, rules or regulations that have the effect of requiring third parties, including,
without limitation,customers,to comply with the provisions of the Agreement, including,without
limitation,the exclusive service rights granted to Contractor pursuant to the Agreement.
4. NONDISCRIMINATION
4.1 Contractor shall, as a party to a public Agreement:
(a) Refrain from unlawful discrimination in employment and undertake affirmative
action to assure equality of employment opportunity and eliminate the effects of past
discrimination;
(b) By submission of this proposal, the Contractor certifies that he is an "equal
opportunity employer"as defined by Section 2000(e)of Chapter 21,Title 42,U.S.Code Annotated
and Executive Orders#11246 and#11375,which are incorporated herein by reference. The Equal
Opportunity clause, Section 6.1 of the Rules and Regulations of the Department of Human Rights
of the State of Illinois, is a material part of any Agreement awarded on the basis of this proposal.
4.2 It is unlawful to discriminate on the basis of race, color, sex, national origin,
ancestry, age, marital status, sexual orientation, physical or mental handicap or unfavorable
discharge for military service. Contractor shall comply with standards set forth in Title VII of the
Civil Rights Act of 1964, 42 U.S.C. Secs. 2000 et seq., The Human Rights Act of the State of
Illinois,775 ILCS 5/1-101et.seq.,and The Americans With Disabilities Act,42 U.S.C.Secs. 12101
et. seq.
5. SEXUAL HARASSMENT POLICY
5.1 The Contractor, as a party to a public Agreement, shall have a written sexual
harassment policy that:
5.1.1 Notes the illegality of sexual harassment;
5.1.2 Sets forth the State law definition of sexual harassment;
5.1.3 Describes sexual harassment utilizing examples;
5.1.4 Describes the Contractor's internal complaint process including penalties;
5.1.5 Describes the legal recourse, investigative and complaint process available through
the Illinois Department of Human Rights and the Human Rights Commission and how to contact
these entities; and
5.1.6 Describes the protection against retaliation afforded under the Illinois Human
Rights Act.
6. EQUAL EMPLOYMENT OPPORTUNITY
6.1 In the event of the Contractor's non-compliance with the provisions of this Equal
Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of
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the Illinois Department of Human Rights ("Department"), the Contractor may be declared
ineligible for future Agreements or subcontracts with the State of Illinois or any of its political
subdivisions or municipal corporations, and the Agreement may be canceled or voided in whole
or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided
by statute or regulation. During the performance of this Agreement, the Contractor agrees as
follows:
6.1.1 That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or
mental handicap unrelated to ability, sexual orientation, sexual identity or an unfavorable
discharge from military service;and further that it will examine all job classifications to determine
if minority persons or women are underutilized and will take appropriate affirmative action to
rectify any such underutilization.
6.1.2 That, if it hires additional employees in order to perform this Agreement or any
portion thereof, it will determine the availability (in accordance with the Department's 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 underutilized.
6.1.3 That, in all solicitations or advertisements for employees placed by it or on its
behalf, it will state that all applicants will be afforded equal opportunity without discrimination
because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or
mental handicap unrelated to ability, or an unfavorable discharge from military services.
6.1.4 That it will send to each labor organization or representative of workers with which
it has or is bound by a collective bargaining or other agreement or understanding,a notice advising
such labor organization or representative of the Contractor's obligations under the Illinois Human
Rights Act and the Department's Rules and Regulations. If any such labor organization or
representative fails or refuses to cooperate with the Contractor in its efforts to comply with such
Act and Rules and Regulations, the Contractor will promptly so notify the Department and the
contracting agency and will recruit employees from other sources when necessary to fulfill its
obligations thereunder.
6.1.5 That it will submit reports as required by the Department's Rules and Regulations,
furnish all relevant information as may from time to time be requested by the Department or the
contracting agency, and in all respects comply with the Illinois Human Rights Act and the
Department's Rules and Regulations.
6.1.6 That it will permit access to all relevant books,records,accounts and work sites by
personnel of the contracting agency and the Department for purpose of investigation to ascertain
compliance with the Illinois Human Rights Act and the Department's Rules and Regulations.
6.1.7 That it will include verbatim or by reference the provisions of this clause in every
subcontract it awards under which any portion of the Agreement obligations are undertaken or
assumed, so that such provisions will be binding upon such subcontractor. In the same manner as
with other provisions of this Agreement, the Contractor will be liable for compliance with
applicable provisions of this clause by such subcontractors; and further it will promptly notify the
contracting agency and the Department in the event any subcontractor fails or refuses to comply
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therewith. In addition, the Contractor will not utilize any subcontractor declared by the Illinois
Human Rights Commission to be ineligible for Agreements or sub agreements with the State of
Illinois or any of its political subdivision or municipal corporations.
7. DRUG FREE WORK PLACE
7.1 Contractor,as a party to a public Agreement,certifies and agrees that it will provide
a drug free workplace by:
7.2 Publishing a statement: (1) Notifying employees that the unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance, including cannabis, is
prohibited in the City's and Contractor's workplace. (2) Specifying the actions that will be taken
against employees for violations of such prohibition. (3) Notifying the employee that, as a
condition of employment on such contact or grant, the employee will: (A) abide by the terms of
the statement; and(B) notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5)days after such conviction.
7.3 Establishing a drug free awareness program to inform employees about: (1) the
dangers of drug abuse in the workplace; (2) the City's, or Contractor's policy of maintaining a
drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance
programs; (4)the penalties that may be imposed upon employees for drug violations.
7.4 Providing a copy of the statement required above to each employee engaged in the
performance of the Agreement or grant and to post the statement in a prominent place in the
workplace.
7.5 Notifying the contracting or granting agency within ten (10) days after receiving
notice of any criminal drug statute conviction for a violation occurring in the workplace no later
than five (5) days after such conviction from an employee or otherwise receiving actual notice of
such conviction.
7.6 Imposing a sanction on, or requiring the satisfactory participation in a drug abuse
assistance or rehabilitation program by any employee who is so convicted as required by section
5 of the Drug Free Workplace Act.
7.7 Assisting employees in selecting a course of action in the event drug counseling,
treatment and rehabilitation is required and indicating that a trained referral team is in place.
7.8 Making a good faith effort to continue to maintain a drug free workplace through
implementation of the Drug Free Workplace Act.
8. PREVAILING WAGE ACT
8.1 Contractor agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1
et seq., for all work completed under this Agreement. Contractor agrees to pay the prevailing wage
and require that all of its subcontractors pay prevailing wage to any laborers,workers or mechanics
who perform work pursuant to this Agreement or related subcontract.
8.2 Contractor and each subcontractor shall keep or cause to be kept an accurate record
of names, occupations and actual wages paid to each laborer, workman and mechanic employed
by the Contractor in connection with the Agreement. This record shall be open to inspection at all
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reasonable hours by any representative of the City or the Illinois Department of labor and must be
preserved for four(4)years following completion of the agreement.
9 INSURANCE REQUIREMENTS—
9.1 Prior to the beginning of the agreement period, Contractor and any Subcontractors
shall procure, maintain and pay for such insurance as will protect against claims for bodily injury
of death, or for damage to property, including loss of use, which may arise out of operations by
the Contractor or Subcontractor or any Sub-Sub Contractor or by anyone employed by any of
them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less
than the greater of coverages and limits of liability specified below for each municipality or any
coverages and limits of liability specified in the Agreement Documents or coverages and limits
required by law unless otherwise agreed to by the City.
(All amounts listed are per municipality)
Workers Compensation $500,000 Statutory
Employers Liability $1,000,000 Each Accident
$1,000,000 Disease Policy Limit
$1,000,000 Disease Each Employee
Comprehensive General Liability $2,000,000 Each Occurrence
$2,000,000 Aggregate
Commercial Automobile $1,000,000 Each Accident
Liability
Umbrella Liability $ 5,000,000
9.2 Commercial General Liability Insurance required under this paragraph shall be
written on an occurrence form and shall include coverage for Products/Completed Operations,
Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket
Contractual Liability insurance applicable to defense and indemnity obligations and other
contractual indemnity assumed under the Agreement Documents.
9.3 Comprehensive Automobile Liability Insurance required under this paragraph shall
include coverage for all owned, hired and non-owned automobiles.
9.4 Workers Compensation coverage shall include a waiver of subrogation against the
City.
9.5 Comprehensive General Liability, Employers Liability and Commercial
Automobile Liability Insurance may be arranged under single policies for full minimum limits
required,or by a combination of underlying policies with the balance provided by Umbrella and/or
Excess Liability policies.
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9.6 Contractor and all Subcontractors shall have their respective Comprehensive
General Liability (including products/completed operations coverage), Employers Liability,
Commercial Automobile Liability, and Umbrella/Excess Liability policies endorsed to add the
"City of Yorkville,their officers,officials,employees and volunteers"as"additional insured" with
respect to liability arising out of operations performed; claims for bodily injury or death brought
against City by any Contractor of Subcontractor employees, or the employees of Subcontractor's
subcontractors of any tier, however caused, related to the performance of operations under the
Agreement Documents. Such insurance afforded to the City shall be endorsed to provide that the
insurance provided under each policy shall be Primary and Non-Contributory.
9.7 Contractor and all Subcontractors shall maintain in effect all insurance coverages
required by the Agreement at their sole expense and with insurance carriers licensed to do business
in the State of Illinois and having a current A. M. Best rating of no less than A-VIII. In the event
that the Contractor or any Subcontractor fails to procure or maintain any insured required by the
Agreement Documents, the City may, at its option, purchase such coverage and deduct the cost
thereof from any monies due to the Contractor or Subcontractor, or withhold funds in an amount
sufficient to protect the City, or terminate this Agreement pursuant to its terms.
9.8 All insurance policies shall contain a provision that coverages and limits afforded
hereunder shall not be canceled, materially changed, non-renewed or restrictive modifications
added, without thirty (30) days prior written notice to the City. Renewal certificates shall be
provided to the City not less than five(5)prior to the expiration date of any of the required policies.
All Certificates of Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence of compliance with all insurance requirements. The City shall not be obligated to review
such certificates or other evidence of insurance, or to advise Contractor or Subcontractor of any
deficiencies in such documents, and receipt thereof shall not relieve the Contractor or
Subcontractor from, nor be deemed a waiver the right to enforce the terms of the obligations
hereunder.
10. COPYRIGHT/PATENT INFRINGEMENT
10.1 The Contractor agrees to indemnify,defend,and hold harmless the City against any
suit, claim, or proceeding brought against the City for alleged use of any equipment, systems, or
services provided by the Contractor that constitutes a misuse of any proprietary or trade secret
information or an infringement of any patent or copyright.
11. COMPLIANCE WITH OSHA STANDARDS
11.1 Equipment supplied to the City must comply with all requirements and standards
as specified by the Occupational Safety and Health Act. All guards and protectors as well as
appropriate markings will be in place before delivery. Items not meeting any OSHA specifications
will be refused.
12. CERCLA INDEMNIFICATION
12.1 In the event this is a Agreement that has environment aspects,the Contractor shall,
to the maximum extent permitted by law, indemnify, defend, and hold harmless the City, their
officers, employees,agents, and attorneys from and against any and all liability, including without
limitation, costs of response, removal, remediation, investigation, property damage, personal
injury, damage to natural resources, health assessments, health settlements, attorneys' fees, and
other related transaction costs arising under the Comprehensive Environmental Response,
Compensation,and Liability Act(CERCLA)of 1980,42 U.S.C.A. Sec.9601,et seq.,as amended,
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and all other applicable statutes, regulations, ordinances, and under common law for any release
or threatened release of the waste material collected by the Contractor, both before and after its
disposal.
13. SUBLETTING OF AGREEMENT
13.1 No Agreement awarded by the City shall be assigned or any part sub-contracted
without the written consent of the City Administrator. In no case shall such consent relieve the
Contractor from their obligation or change the terms of the Agreement.
14. [Section purposefully left blank]
15. TERMINATION OF AGREEMENT
15.1 The City reserves the right to terminate the whole or any part of this Agreement,
upon ten(10)days' written notice to the Contractor,in the event of default by the Contractor unless
such alleged default has been cured by Contractor within said ten (10) day period. Default is
defined as failure of the Contractor to perform any of the provisions of this Agreement or failure
to make sufficient progress so as to endanger performance of this Agreement in accordance with
its terms. In the event that the Agreement fails to cure the default upon notice,and the City declares
default and termination, the City may procure, upon such terms and in such manner as the City
may deem appropriate, supplies or services similar to those so terminated. The Contractor shall
be liable for any excess costs for such similar supplies or services unless acceptable evidence is
submitted to the City that failure to perform the Agreement was due to causes beyond the control
and without the fault or negligence of the Contractor. Any such excess costs incurred by the City
may be set-off against any monies due and owing by the City, respectively,to the Contractor.
16. BILLING & PAYMENT PROCEDURES
16.1 Separate invoices shall be sent to the City, for the City's customers. Payment will
be made by the City upon receipt of an invoice. Once an invoice has been verified,the invoice will
be processed for payment in accordance with the municipality's payment schedule, policy and
procedures.
16.2 The City shall review, in a timely manner, each bill or invoice after its receipt. If
the City determines that the bill or invoice contains a defect making it unable to process the
payment request,the City shall notify the Contractor requesting payment as soon as possible after
discovering the defect pursuant to rules promulgated under 50 ILCS 505/1 et seq. The notice shall
identify the defect and any additional information necessary to correct the defect.
16.3 Please send all invoices for the City to the attention of City of Yorkville,Accounts
Payable, 800 Game Farm Road, Yorkville, IL 60560.
17. RELATIONSHIP BETWEEN THE CONTRACTOR AND THE CITY
17.1 The relationship between the City and the Contractor is that of a buyer and seller
of professional services and it is understood that the parties have not entered into any joint venture
or partnership with the other.
18. STANDARD OF CARE
18.1 Services performed by Contractor under this Agreement will be conducted in a
manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing in the same locality under similar conditions. No other
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representations express or implied, and no warranty or guarantee is included or intended in this
Agreement, or in any report, opinions,and documents or otherwise.
18.2 If the Contractor fails to meet the foregoing standard, Contractor will perform at its
own cost,and without reimbursement from the City,the professional services necessary to correct
errors and omissions caused by Contractor's failure to comply with the above standard and
reported to Contractor within one (1) year from the completion of Contractor's services for the
Project.
19. GOVERNING LAW
19.1 This Agreement will be governed by and construed in accordance with the laws of
the State of Illinois without regard for the conflict of laws provisions. Venue is proper only in the
County of Kendall and the Northern District of Illinois.
20. SUCCESSORS AND ASSIGNS
20.1 The terms of this Agreement will be binding upon and inure to the benefit of the
parties and their respective successors and assigns; provided, however, that neither party will
assign this Agreement in whole or in part without the prior written approval of the other. The
Contractor will provide a list of key staff,titles,responsibilities,and contact information to include
all expected sub Contractors.
21. WAIVER OF AGREEMENT BREACH
21.1 The waiver by one party of any breach of this Agreement or the failure of one party
to enforce at any time,or for any period of time,any of the provisions hereof will be limited to the
particular instance and will not operate or be deemed to waive any future breaches of this
Agreement and will not be construed to be a waiver of any provision except for the particular
instance.
22. AMENDMENT
22.1 This Agreement will not be subject to amendment unless made in writing and
signed by all parties.
23. CHANGE ORDERS
23.1 The Agreement price is a "not-to-exceed" cost. At any time additional work is
necessary or requested, and the not-to-exceed price is increased thereby, any change, addition or
price increase must be agreed to in writing by all parties. The appropriate authorizing signature
for the City is the City Administrator.
24. SEVERABILITY OF INVALID PROVISIONS
24.1 If any provisions of this Agreement are held to contravene or be invalid under the
laws of any state, country or jurisdiction, contravention will not invalidate the entire Agreement,
but it will be construed as if not containing the invalid provision and the rights or obligations of
the parties will be construed and enforced accordingly.
25. NOTICE
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25.1 Any notice will be in writing and will be deemed to be effectively served when
deposited in the mail with sufficient first class postage affixed, and addressed to the party at the
party's place of business. Notices shall be addressed to the City as follows:
To City:
City Administrator
City of Yorkville
800 Game Farm Road.
Yorkville,IL 60560
And to the Contractor as designated in the Agreement Form.
III.DETAILED SPECIFICATIONS
26. DEFINITIONS
26.1 For the purpose of the Agreement, definitions of certain terms are listed below.
Certain words or phrases,when used in the Agreement shall have the same meaning given to them
in this section. Other terms shall be defined within applicable subsections and appendices.
Attached Single-Family Dwelling (Group, Row, Townhouse) A building originally
designed and constructed to accommodate two (2) or more dwelling units, with dwelling units
joined together by party wall or walls and being not more than two(2)stories in height. Each unit
shall have its own ground floor entrance and living space.
Biodegradable shall mean chemically structured material that decomposes rapidly
primarily through the action of living soil-borne microorganisms (bacteria, fungi, and
actinomycetes)or macro-organisms(crickets, slugs, snowbugs, millipedes, etc.).
Brown Kraft 2-Ply Paper Bags shall mean a two-layer brown product container
comprised of kraft paper most often used to contain groceries.
Chipboard shall mean a single-layer cardboard used for packaging cereal, crackers,
tissues, and other similar products.
Compost(ing) shall mean a biological process by which microorganisms decompose the
organic fraction of waste, producing a humus-like material that may be used as a soil conditioner.
Contract shall mean the Agreement created by and consisting of the Agreement
Documents.
Contract Documents shall include the Request for Proposals, Terms and Conditions,
Detail Specifications and the Proposal/Contract Form.
Contractor shall mean the firm with which the City has executed the Agreement for Solid
Waste Collection and Disposal Services
Corrugated Cardboard shall mean a sturdy paper product commonly used as a packaging
consisting of two paper grades—a wavy inner portion and an outside liner.
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Curbside shall mean adjacent to the street pavement,alley pavement and gutter and within
five feet thereof.
Customer shall mean the resident party, property owner of a dwelling unit in Yorkville's
corporate boundary participating in the scavenger collection service.
Day shall mean Calendar Day unless otherwise stated.
Detached Dwelling shall mean a single-family dwelling entirely surrounded by open
space.
Disposal Unit shall have different meanings as follows: For the purposes of refuse
collection, a"disposal unit" shall mean one (1) 65-gallon, 35-gallon, or 96-gallon tote or one (1)
water-tight metal, or plastic reusable waste container, no larger than thirty-five (35) gallons in
capacity,containing refuse,yard-waste,organics or household construction and demolition debris
as herein defined; or a securely tied, bundle of refuse or debris which is not placed in a container
that does not exceed three (3) feet in diameter, six (6) feet in length, and fifty (50) pounds in
weight,or one(1)single miscellaneous or odd-shaped item of refuse or debris that does not exceed
fifty (50) pounds in weight. A large household item, as herein defined, is to be considered a
disposal unit. Household construction and demolition debris, as is herein defined, is to be
considered a disposal unit. For the purpose of yard-waste collection,a"disposal unit"shall mean
a biodegradable two-ply fifty (50) pound wet-strength kraft paper bag designed for yard-waste
collection, not to exceed thirty-five (35) gallons in capacity and fifty (50) pounds in weight,
containing "yard-waste" as herein defined, or securely tied, bundles of brush or branches using
biodegradable cord, string, rope or twine that does not exceed fifty(50)pounds in weight,two(2)
feet in diameter, and four (4) feet in length and is manageable by one (1) person. For purpose of
recycling collection, a"disposal unit" shall mean one(1)65 gallon, 35 gallon, or 96 gallon tote.
Envelope shall mean a flat, folded paper container for a letter or smaller object.
E-Recycling shall mean the use, collection, and remanufacture of electronic materials as
feedstock for the production of new materials or products.
Electronic Waste shall mean electronic items banned from Illinois landfills by State Law.
These items include, but are not limited to, Televisions, Monitors, Printers, Computers (laptop,
notebook, netbook, tablet, desktop), Electronic Keyboards, Facsimile Machines, Videocassette
Recorders, Portable Digital Music Players, Digital Video Disc, Players, Video Game Consoles,
Small Scale Servers, Scanners, Electronic Mice, Digital Converter Boxes, Cable Receivers,
Satellite Receivers,Digital Video Disc Recorders, Cell Phones,Portable Digital Assistant(PDA),
Computer Cable,Zip Drive.
Frozen Food Packages shall mean paperboard containers with special coatings to prevent
tearing of the packages or smearing of the ink from moisture when refrigerated or frozen.
Garbage or Rubbish shall mean discarded materials resulting from the handling,cooking,
spoilage, and leftovers of food, discarded food or food residues, and paper necessarily used for
wrapping same,and all types and kinds of waste materials from housekeeping activities,including,
but not limited to ashes, metal cans bottles, books, glass,plastic, newspapers, boxes, cartons, and
small amounts of earth, rock or sod, small automobile parts and building materials waste from
residential type do-it-yourself projects provided that all such materials are of a size sufficiently
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small to permit being placed in an approved refuse container,except those items which are banned
from direct disposal into a landfill.
Household Hazardous Waste shall mean, leftover household products that can catch fire,
react,or explode under certain circumstances,or that are corrosive or toxic as household hazardous
waste. Products, such as paints, cleaners, oils, batteries, and pesticides can contain hazardous
ingredients and require special care when you dispose of them.
HDPE shall mean high-density polyethylene.
Household Construction and Demolition Debris shall mean waste materials from
interior and exterior household construction, remodeling and repair projects, including but not
limited to: drywall, plywood and paneling pieces, lumber and other building materials; windows
and doors, cabinets,carpeting,disassembled bathroom and kitchen fixtures; and small amounts of
sod, earth, clay, sand, concrete, rocks and similar materials. Such debris shall conform to the
following: loose small items shall be placed in suitable disposable containers not exceeding fifty
(50)pounds in weight,or in bundles not exceeding two(2)feet in diameter, four(4)feet in length,
and fifty(50)pounds in weight.
Household Garbage shall mean garbage and rubbish as collected from the residents of the
City of Yorkville, currently receiving curbside scavenger service or on-site dumpster service.
Household Garbage—Large Items shall mean any items set forth under "Garbage and
Rubbish" above if such item is too large to fit in an approved Disposal Unit including, but not
limited to boxes,barrels, crates, furniture,refrigerators,carpets,mattresses,box springs,hot water
heaters, stoves and other household appliances, except those items which are banned from direct
disposal into a landfill. Large Items shall not include waste from manufacturing processes,
construction materials, broken concrete, lumber, large rocks, automobile parts other than tires or
dangerous substances which may create a danger to the health, safety, comfort or welfare of the
residents of the City of Yorkville or items which are banned from direct disposal into a landfill.
Industrial Wastes shall mean any and all debris and waste products generated by canning,
manufacturing, food processing, restaurant, land clearing, building construction or alteration and
public works type construction projects whether performed by a governmental unit or by
Agreement.
Juice Boxes shall mean aseptic cartons consisting of a high-grade paperboard coated with
polyethylene plastic and aluminum foil, excluding milk cartons.
Junk Mail shall mean brochures, advertisements, flyers, post cards, greeting cards,
window envelopes, and other similar correspondence.
Landscape Waste (also referred to as Yard-waste) shall mean hard landscape waste and
soft landscape waste.
Large Household Item (also known as "Bulk Item"), shall mean any discarded and
unwanted large household appliance such as freezers, stoves, trash compactors, washers, dryers,
dishwasher, humidifiers, dehumidifiers, microwaves, water softeners, televisions,pianos, organs,
tables, chairs, mattresses, box springs, bookcases, sofas and similar furniture. All "white goods"
11lI age
including those containing CFC's(chlorofluorocarbons),shall fit into this definition. White goods
containing switches containing mercury, and PCB's (polychlorinated biphenyls) shall not fit into
this definition.
LDPE shall mean low density polyethylene.
Magazines shall mean periodical publications, usually glue bound.
Mixed Papers shall mean stationary,various office papers such as;computer paper,xerox
paper, note paper, letterhead, and other similar papers.
Multiple-Family Dwelling shall mean a dwelling containing three (3) or more dwelling
units, with one or both of the following: (a) More than one (1) dwelling unit connecting to a
common corridor or entrance-way; or, (b) Dwelling unit vertically connected to neighboring
dwelling units through shared floors and ceilings.
PET shall mean polyethylene terephthalate.
Performance Bond shall mean the form of security approved by the City and furnished by
the Contractor as a guarantee that the Contractor will execute the work in accordance with the
terms of the Agreement and will pay all lawful claims.
Processing Center shall mean a location to be maintained or utilized by the Agreement
for the purpose of sorting,preparing, and marketing of recyclable materials.
Properly-Prepared shall mean materials prepared according to the disposal program
restrictions for refuse,yard-waste, and recycling.
Processing Costs shall mean all reasonable costs incurred by the Contractor with respect
to the collection of recyclables from residents currently receiving curbside scavenger services.
Public Awareness Program shall mean a program developed and provided by the
Contractor and the City to inform and encourage residents to use the recycling collection services
and other waste collection and disposal services of the City.
Recyclables or Recyclable Material(s)shall mean, at a minimum,those materials listed on
Appendix 2.
Recycling shall mean the use, collection, and remanufacture of secondary materials as
feedstock for the production of new materials or products.
Recycling Containers (bins) shall mean a 65 gallon tote, or a 35-gallon or 94-gallon tote
if so acquired by the customer in the manner prescribed in the recycling collection program
Refuse shall mean all discarded and unwanted household and kitchen wastes, including
but not limited to: food, food residues, and materials necessarily used for packaging, storing,
preparing and consuming same, usually defined as "garbage"; and all combustible and non-
combustible waste materials resulting from routine domestic housekeeping, including but not
limited to: aluminum and steel cans, glass containers, plastic containers, crockery and other
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containers, metal, paper (of all types), including newspapers, books, magazines, catalogs, boxes
and cartons, cold ashes, furniture, furnishings and fixtures, household appliances (all kinds),
textiles and leathers, toys and recreational equipment and similar items. For the purposes of this
Agreement, the terms "garbage", "refuse", "rubbish", and "waste" shall be synonymous unless
otherwise more specifically defined(for example: "yard-waste").
Refuse Sticker shall mean a biodegradable paper stamped with the City name and the
Contractor's name and telephone number providing the solid waste services for the City. The
sticker shall represent proof of payment for collection and disposal services to be rendered by the
Contractor.
Residence shall mean all attached single family and detached single family dwelling.
Single-Family Dwelling shall mean a detached dwelling containing accommodations for
and occupied by one (1) family only.
Specifications shall mean specifications identified in the Agreement.
Tote(also referred to as a Toter)A plastic wheeled container in size of 65 gallon,35 gallon,
or 96 gallon with tight-fitting cover, requiring semi-automatic lifting mechanism for collection.
Waste shall mean refuse, recyclables, yard or landscape waste and white goods.
Wet-strength Carrier Stock shall mean rectangular-shaped paperboard containers with
special coatings to prevent tearing of the containers or smearing of the ink from moisture when
refrigerated.
White Goods shall mean refrigerators,ranges or stoves(electric or gas),freezers,room air
conditioners,water heaters and other similar domestic large appliances.
Yard-waste container/unit shall mean a container or unit and may be a kraft paper bag
not exceeding thirty (34) gallons of capacity weighing up to fifty (50) pounds. The kraft paper
bag shall be of the type specifically intended for landscape waste,being specifically biodegradable
and not chemically treated; or a waste container(excluding plastic bags)not exceeding thirty-four
(34)gallons of capacity weighing up to fifty (50)pounds; or bundles of hard landscape waste not
exceeding two (2) feet in diameter and four (4) feet in length weighing up to fifty (50) pounds.
Said bundle to be securely tied with biodegradablenatural fiber twine. Securing with plastic or
wire is prohibited.
Yard-waste (also known as "landscape waste") shall mean grass clippings, leaves,
branches and brush, other yard and garden trimmings, vines, garden plants and flowers, weeds,
tree droppings(for example:pine cones and crabapples),and other similar organic waste materials
accumulated as the result of the cultivation and maintenance of lawns, shrubbery,vines,trees and
gardens. Sod, dirt, Christmas trees, and greenery from wreathes and garlands shall not be
considered yard-waste and shall be disposed of as refuse,unless the composting facility will accept
it.
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27. DESCRIPTION OF THE BASE SOLID WASTE PROGRAM
27.1 Refuse, yard-waste, and curbside recycling services are provided to residences
located within the City on a once-per-week basis.
27.2 A modified volume based program,based on a monthly fee for pickup of all refuse,
consisting of one 35-gallon, 65-gallon tote, or 96-gallon tote, and a $2.00 charge for each refuse
disposal unit beyond the tote, unlimited yard waste and unlimited recycling. As part of program,
the contractor shall supply the customer with a tote of a size of the customer's choosing for a cost
outlined in Appendix 1.
27.3 Bulk items as herein defined, are considered subject to collection by the
CONTRACTOR, according to the terms and definitions of this Agreement. Residents with
additional material or home improvement projects may contract separately with the
CONTRACTOR. The CONTRACTOR will make available 6, 10, 15, 20, and 30 cubic yard
containers for this purpose. Bulk item collection shall be for the collection of one (1) large
household item, under 50 pounds per week from residential units at no additional cost to the
resident.
27.4 Yard-waste collection shall begin each year on the Pt collection day in April and
through the first full pickup week in December.
28. SCOPE OF WORK
28.1 The Contractor shall be responsible for performing all work as outlined in the
specifications herein and shall provide and furnish all labor, materials, equipment and supplies,
vehicles, transportation services, and landfill and compost facility space required to perform and
complete the collection and disposal of refuse and yard waste. The Contractor shall also make
necessary arrangements with processors required to perform and complete the collection and
marketing of recyclables.
28.2 The collection of refuse, yard waste, and recyclable materials shall be a joint
program awarded to one firm and cannot be quoted or operated as separate programs.
28.3 Any equipment furnished hereunder by Contractor shall remain the property of
Contractor; however, the customers and the City (as applicable) shall have care, custody and
control of the equipment while at the service locations. Customers and the City shall not over-load
(by weight or volume),move or alter the equipment,and shall use the equipment only for its proper
and intended purpose. Customers and the City must provide unobstructed access to the equipment
on the scheduled collection day. The word "equipment" as used herein shall mean all containers
used for the storage of non-hazardous solid waste.
29. COLLECTION UNITS
29.1 The base unit of service shall be known as a "Collection Unit or Stop". The
Contractor shall collect, remove and dispose from every residential building unit, as defined
herein,in the City of Yorkville, all refuse,yard-waste and curbside recyclables that may be set out
for collection one (1)time each week.
29.2 There are approximately 6636 units serviced. Along Colonial Parkway, there is a
multi-unit complex with 20 buildings and approximately 80 units. Currently Colonial Parkway is
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being serviced by 2-yard containers with recycling carts due to the tight space within the
development.
29.3 The City has experienced a high growth rate with 300 homes built in 2021 and 400
projected to be built in 2022.
30. GARBAGE AND REFUSE COLLECTION; PREPARATION AND
PLACEMENT OF DISPOSAL UNITS
30.1 Totes or can production:
The CONTRACTOR agrees to provide,at its own expense,one 35-gallon, 65
gallon, or 96-gallon totes to each single-family residence in the City for the purposes of
garbage collection. The carts will remain the property of the CONTRACTOR and the
CONTRACTOR will be responsible for replacement of carts that become worn or damaged
through normal usage.
30.2 All GARBAGE and REFUSE as herein defined that is designated for collection
and disposal hereunder must be placed in one of the following containers:
1) the provided totes
2) a water-tight metal or plastic reusable waste container no larger than thirty-five (35)
gallons in capacity and no smaller than fifteen(15)gallons in capacity
3) a heavy duty bag no more than 35-gallons in capacity and less than 50 pounds in weight,
which is securely fastened
30.3 Cans, containers, and/or heavy duty bags must be placed at the curb or roadway or
in the alley(if designed by the CONTRACTOR).
30.4 All residences receiving the aforementioned services shall be required to prepare
all materials for collection and/or disposal into proper"disposal units". The CONTRACTOR will
be required to collect only properly prepared disposal units.
30. 5 Residents will be allowed to place unlimited amounts of disposal units at the curb
for collection and disposal provided that a disposal sticker has been attached to each unit above
and beyond the disposal units covered in the monthly fee.
30.6 Properly prepared refuse shall be placed as close to the roadway as practicable
without
interfering with or endangering the movement of vehicles or pedestrians or snow
plowing operations. The CONTRACTOR shall return all containers at each pick-up
location to the curbside or adjacent to the right-of-way of paved or traveled City
roadways. Containers will be placed, not thrown, and securely placed in such a manner
that they are not left lying on their sides or in a manner that would allow roadway
interference of vehicle and/or pedestrian traffic. Any contents spilled by
CONTRACTOR on the parkways,premises, or streets are to be cleaned up in a
workmanlike manner.
31. ACCEPTABLE/UNACCEPTABLE MATERIAL
31.1. UNACCEPTABLE MATERIAL: Residents shall not set out for disposal and the
CONTRACTOR shall refuse to accept for regular collection: hazardous waste materials,
radioactive materials, poisons, liquid waste, paint or similar products, acids, used motor oils, or
any other material that the CONTRACTOR is legally unable to accept.
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31.2 ACCEPTABLE MATERIAL: All refuse normally produced by residential
properties shall be accepted for regular collection including but not necessarily limited to: bulk
items, household fixtures, appliances, furniture and yard-waste.
32. EXAMINATION OF SERVICE AREA
32.1 It is the responsibility of the Contractor to be completely informed of all conditions
under which service is to be performed, the service area, and all other relevant matters pertaining
to the collection services as specified herein, including, but not limited to, type of housing,
population density, roads, traffic patterns, required collection procedure, labor requirements, and
any other factor which would effect the execution and/or completion of the work covered by the
Agreement.
33. ALTERNATIVES AND DEVIATIONS
33.1 The specifications included in this package describe existing services which the
City believes are necessary to meet performance requirements and shall be considered the
minimum standards expected of the Contractor.
33.2 Other alternatives from the specifications in Section III may be indicated if the
proposed alternatives are equal to or greater than what is required by these specifications. All
alternatives shall be separately listed, and a justification for each shall be stated. The Contractor
shall use Appendix 3, Schedule of Alternatives and Deviations, for listing other alternatives.
33.3 If the Contractor is unable to meet any of the specifications as outlined herein, it
shall also separately list all requested deviations from the specifications, with justifications
attached for each deviation. The Contractor shall use Appendix 3, Schedule of Alternatives and
Deviations,for listing proposed deviations.
33.4 If the Contractor does not indicate alternatives to or deviations from the
specifications,the City shall assume it is able to fully comply with these specifications. The City,
individually, shall be the sole and final judge of compliance with all specifications.
33.5 The City, individually, further reserves the right to determine the acceptability or
unacceptability of any and all alternatives or deviations The City, individually, shall also be the
sole and final judge as to whether any alternative or deviation is of an equivalent or better quality
of service.
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34 CHRISTMAS TREE COLLECTION
34.1 The CONTRACTOR will provide curbside collection service of live Christmas
trees two (2) weeks during the 1st and 2nd full week in January each Agreement year. It will be
the responsibility of the CONTRACTOR to either recycle or correctly dispose of live Christmas
trees. There will be no cost to the City for this service. The CONTRACTOR and the City will
work together to educate the public with respect to the condition of the trees before they will be
collected. Christmas trees will be accepted provided they are free of all ornamentation, including
tinsel, garland and lights. If disposable tree bags are used, a refuse sticker must be affixed to the
plastic bag. Christmas trees placed at the curb during the two-week special collection period shall
be recycled. Recycling shall consist of taking the Christmas trees to a compost site to be chipped,
mulched or composted. The CONTRACTOR shall provide the name and location of the compost
site in accordance with Appendix 5.
35. YARD-WASTE/BUNDLED BRUSH COLLECTION
35.1 Yard-waste collection programs
As a part of yard-waste collection, all eligible households located within the City's
corporate boundaries shall be provided weekly yard-waste and bundled brush collection in an
unlimited amount. All yard waste materials must be placed in "Kraft" paper bags designed and
sold specifically for the collection and disposal of yard waste. All bundled brush must not exceed
four(4)foot length,with each individual bundle not to exceed excess weight of fifty(50)pounds.
Resident customers placing bundled brush out for collection will be required to bundle brush with
biodegradable natural fiber twine (plastic or wire is prohibited). Bundled brush will be collected
on regular refuse service days during the yearly period of time established, (April 1st through the
first full pickup week in December.
36. RECYCLABLE MATERIAL PROGRAM
36.1 The CONTRACTOR agrees to provide, at its own expense, one 35-gallon, 65-
gallon, or 96-gallon tote to each single-family residence in the City for the purposes of recycling
collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR
will be responsible for replacement of carts that become worn or damaged through normal usage.
36.2 The City's recyclable material program shall remain voluntary on the part of any
person receiving residential scavenger service as covered under this Agreement. The Contractor
shall, however, provide for the collection and disposal of all recyclable material placed for
collection in accordance with the terms of this Agreement. The Contractor shall provide for the
collection and disposal of recyclable material at no additional cost to customers receiving
residential scavenger service as covered under this Agreement. The cost of recycling collection
and disposal services has been built into the rates and charges otherwise provided for in the
Agreement for collection of refuse and yard-waste.
36.3 All revenue collected from the sale of recyclable material shall be the property of
the Contractor.
36.4 The Contractor shall have representatives available to participate in community-
sponsored events promoting environmental awareness.
36.5 The method in which the recyclables are to be generally sorted for collection by the
household shall be commingled within the recycling container(s).
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36.6 The Contractor shall specify the manner in which the recyclables are to be collected
and sorted by the Contractor at the curbside; i.e. curb-sort, sorting at an intermediate processing
facility, and the like. The Contractor will be responsible for cleaning up any material that has
spilled as a result of the collection process.
36.7 The Contractor shall allow for a tagging system for recyclables not collected and
must provide a simple explanation as to why the recyclable material(s) were not picked up,
including, but not limited to, the following: contaminants, improper preparation; materials not
accepted in program: refuse and/or yard-waste mixed with recyclables; or some combination
thereof. The Contractor shall submit an example of the tagging system to be used. Recyclable
materials that were rejected shall be returned to the container and not left on the street or parkway
areas.
36.8 The Contractor shall purchase and maintain a reasonable supply of recycling totes,
for residential scavenger service to cover replacement for lost,damaged and stolen containers,and
for customers desiring additional recycling capacity. The City, individually, reserves the right to
approve the type of containers purchased by the Contractor.
36.9 The Contractor shall pick up all recyclable material placed in the recycling totes,
the recycling containers supplied by the Contractor, or any other recycling containers used by the
customer. If, for operational purposes, the Contractor has difficulty identifying recycling
containers used for recycling purposes, the Contractor shall provide free of charge, a recycling
sticker or other identification mechanism to be placed on the various recycling containers used for
collection of recyclable material.
36.10 The Contractor shall provide the name and location of the processing facility, as
well as the proposed buyer/market for recyclable materials as set forth in Appendix 5 In the event
that an alternative site is preferred by the City,the Contractor shall use the alternative site location
provided that any changes in the costs for collection and processing created by the use of such site
will be negotiated between the City and the Contractor prior to its use.
36.11 The City,reserves the right to accept or reject any or all suggested categories,which
may be offered for collection in the residential recycling program. The City,also reserves the right
to phase in at a later date, any material(s) which the Contractor has indicated an ability to collect
but which the City has determined not to add to the collection program, or to phase in any
material(s) that the Contractor may not presently offer but will be able to offer sometime during
the term of the Agreement. The basis for determining cost of adding materials at a later date will
be based on evidence supplied by the Contractor specifically justifying additional cost due to
collection, administration,profit, and processing(minus revenue)only.
36.12 The City must comply with any description of and/or procedures with respect to
removal of contaminants or preparation of recyclable materials as reasonably provided by
Contractor. If the City fails to do so, Contractor may decline to collect such materials without
being in breach of the Agreement. Contractor shall not be responsible for and has not made any
representation regarding the ultimate recycling of such recyclable materials by any third party
facilities.
37. ELECTRONIC WASTE MANAGEMENT
37.1 The CONTRACTOR shall allow for the collection of Electronic Waste as defined
herein. Residents must contact the Contractor 48 hours prior to regular service day to schedule a
date and time for collection. There shall be no cost associated with this service. All Electronic
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Waste shall be placed at the curb. Items that require more than one person to collect may require
an additional fee as determined by the Contractor.
38. CURBSIDE COMPOSTING PROGRAM
38.1 The Contractor agrees to provide, at its own expense, one 35-gallon or one 65-
gallon tote to each single-family or detached residence in the City that opt-in to the optional
organics collection. The carts will remain the property of the Contractor and the Contactor will be
responsible for replacement of carts that become worn or damaged through normal usage.
38.2 The City's curbside composting program shall remain voluntary on the part of any
person receiving residential scavenger service as covered under this Agreement. The Contractor
shall,however,provide for the collection and disposal of all organic material placed for collection
in accordance with the terms of this Agreement. The Contractor shall provide for the collection
and disposal of organic material at an additional monthly cost to customers receiving residential
scavenger service as covered under this Agreement.
38.3 The Contractor shall provide the name and location of the processing facility, as
well as the proposed buyer/market for organic materials as set forth in Appendix 5 In the event
that an alternative site is preferred by the City,the Contractor shall use the alternative site location
provided that any changes in the costs for collection and processing created by the use of such site
will be negotiated between the City and the Contractor prior to its use.
38.4 Yard waste may also be co-mingled in with the organic compost material.
38.5 The City,reserves the right to accept or reject any or all suggested categories,which
may be offered for collection in the residential composting program. The City, also reserves the
right to phase in at a later date, any organic material(s) which the Contractor has indicated an
ability to collect but which the City has determined not to add to the collection program, or to
phase in any material(s) that the Contractor may not presently offer but will be able to offer
sometime during the term of the Agreement.
39. AMNESTY DAY
39.1 The Contractor shall provide for a spring and fall curbside collection of additional
refuse, yard-waste and bulk items as defined herein, on a date(s) that is mutually agreed upon
between the Contractor and the City. In addition,the Contractor will collect White Goods and up
to 4 automobile tires during the scheduled Amnesty Day. All rims must be removed from the tires
prior to collection. There shall be no additional charge to the residents for the clean up and
additional Bulk Items and White Goods that will be accepted during the designated clean-up week
and stickers will not be required.
40 COLLECTION FROM MUNICIPAL FACILITIES
40.1 At no additional cost, the Contractor shall collect, transport, and dispose of all
refuse, yard-waste and recyclables from all municipal-owned facilities as set forth in Exhibit B.
The Contractor shall furnish, at no additional cost to the City, at each municipal building served,
containers for refuse, yard-waste and recyclables as requested by the municipality's Designated
Representative, with the size to be agreed upon. The City reserves the right to request such
containers, in addition to, or increase the size of normal containers, on a permanent or temporary
basis. If requested by the City,any and all containers furnished by the Contractor shall be equipped
with non-removable hinged covers or lids. Collection and disposal services by the Contractor will
be as often as necessary each week,as set forth in Exhibit B.
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41 STICKER DESIGN AND DISTRIBUTION
41.1 The City, individually,have the sole authority to approve or disapprove the design
and construction of the Contractor's stickers. Stickers must be of an approved color,which should
be clearly visible at dawn or at dusk by drivers, and which said color should be changed
periodically to prevent counterfeiting. The paper used shall be biodegradable and shall contain
glue backing that will adhere in sub-zero temperatures as well as in extreme heat. The stickers
shall contain the Contractor's name and telephone number, state the name of the municipality and
be consecutively numbered for record keeping and balancing purposes.The Contractor will deliver
stickers to retail outlets and the City upon request. The sticker price has been set at $2.00 per
sticker.
41.2 The Contractor shall be responsible for the printing, distribution, and sale of an
ample and always available supply of waste stickers. The Contractor shall arrange for local retail
outlets to aid in the sale of the stickers. The City also may act as a disposal sticker retailer for the
Contractor.
42. [Section purposefully omitted]
43. BILLING PROCEDURES
43.1 The Contractor shall bill the City individually for all serviced UNITS within the
respective municipality. The City shall provide the contractor with the number of occupied UNITS
within the municipality on a monthly basis.
44. MONTHLY REPORTING
44.1 The Contractor shall prepare and submit to the City a monthly refuse, yard-waste,
recycling material,electronic material and organic material report,due by the 25th of the following
month. The report shall include the following information for all residential scavenger service in
each municipality covered under this Agreement:
44.2 Refuse - Total weight in tons and total volume in compacted cubic yards of refuse
land-filled each month;Number of white goods collected each month; Tipping fee charge per ton
at the landfill site; Name and location of the landfill facility and/or transfer station used by the
Contractor; and, Copy of all complaints filed by the City customers during the month.
44.3 Yard-waste - Total volume, in compacted cubic yards, of yard-waste collected;
Tipping fee charge per compacted cubic yard at the compost facility; Name and location of the
compost facility used by the Contractor; and, Copy of all complaints filed by the City customers
during the month.
44.4 Recyclable Material-Weekly set-out rate;Monthly participation rate(total number
of set-outs divided by the number of homes/dwelling units included in the collection service);Total
weight, in pounds, of recyclable materials collected; Revenue received by the Contractor for the
sale of recyclables; Tipping fee savings (total weight of recyclable materials collected in tons
multiplied by the tipping fee charge per ton at the landfill site); Name and location of processing
facility used by the Contractor; and, Copy of all complaints filed by the City customers during the
month.
44.5 Electronic Waste—Total weight in pounds and total volume of materials collected.
Number of goods collected every month. Name and location of processing facility used by the
Contractor; and, Copy of all complaints filed by the City customers during the month.
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44.6 Organics Material—Weekly set-out rate in months April-November and bi-weekly
set out rate in months December-March; monthly participation rate (total number of set-outs
divided by the number of homes/dwelling units included in the collection service); Total weight,
in pounds, of organic materials collected; Name and location of the compost facility used by the
Contractor; and Copy,of all complaints filed by the City customers during the month.
45. CONSUMER EDUCATION
45.1 Upon request,the Contractor agrees to provide City residents with such educational
materials as the City, individually, deems necessary. Educational materials may include notices
to be left at resident's property as well as literature describing in detail the refuse, recycling, e-
recycling, organics, household hazardous waste and yard-waste collection programs. There shall
be no cost to the City or its residents for the printing and distribution of any consumer education
materials.
46. TITLE TO WASTES
46.1 All refuse, yard-waste, and curbside recyclables collected shall belong to the
Contractor as soon as the same is placed in the Contractor's vehicle. Notwithstanding the
foregoing:
(a)Contractor shall have no obligation to collect any material which is or contains,or which
Con-tractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly
flammable,explosive,biomedical,infectious,biohazardous,toxic or hazardous material as defined
by applicable federal, state or local laws or regulations ("Excluded Waste");
(b)if Contractor finds what reasonably appears to be discarded Excluded Waste,Contractor
shall promptly notify the City and the producer of the Excluded Waste, if the producer can be
readily identified; and
(c) title to and liability for any Excluded Waste shall remain with the producer of the
Excluded Waste, even if Contractor inadvertently collects or disposes of such Excluded Waste.
47. DISPOSAL
47.1 All refuse and yard-waste collected shall be removed from the City by the
Contractor as soon as it has been collected; but in any event, not later than noon of the date
following collection, and shall not be disposed of in violation of any state, federal or county laws
or regulations.
48. RATES AND SPECIAL RATES
48.1 For any services required to be performed under this Agreement, the charge shall
not exceed the rates as fixed by the Agreement and set forth in Appendix 1 attached hereto and
made a part hereof. For items not otherwise provided for by the Agreement document, and
requiring special handling due to size,weight,type of material or method of placement,the charges
are to be negotiated between the Contractor and the resident customer for collection and disposal
into a landfill or processing facility.
49. SPECIAL & EMERGENCY COLLECTIONS
49.1 The Contractor shall offer special curbside collection service for large quantities of
refuse including, but not limited to, construction and demolition debris, and move-in or move-out
clean-up rubbish. Such services shall be an advance arrangement with the Contractor at the
resident customer request. The collection cost for such services shall be based upon cubic yards
and the resident customer shall make payment directly to the Contractor. The Contractor agrees
to provide free dumpsters (sizes 1 yard through 30 yards as requested by the City) for refuse and
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recycling collection during ALL City managed special events. The Contractor agrees to provide
free portable toilets and handwashing sinks during ALL City managed special events. The
Contractor agrees to provide free dumpsters (sizes 1 yard through 30 yards as requested by the
City) for refuse for street sweeping materials throughout the year, as requested by the City. The
Contractor agrees to provide 20,20-yard dumpsters at 651 Prairie Pointe Lane over a several week
period in late Summer or early fall 2022. The City and the Contractor may mutually agree to
emergency pick-up services for disasters including, but not limited to, flood, wind and snow. For
items not otherwise provided for by this Agreement, and requiring special handling due to size,
weight, type of material or method of placement, the charges are to be negotiated between the
Contractor and the resident customer for collection and disposal into a landfill or processing
facility.
50. SCHEDULE AND TIME OF COLLECTIONS
50.1 The City shall be divided into collection areas and a regular weekday collection
shall be assigned to each area. A map of the City, designating collection areas shall be made a
part of this Agreement and attached hereto as Exhibit A. For the subscriber-based(opt-in)organic
materials collection, collection will occur on the regular weekday collection day in the months
April-November and every other regular weekday collection day in the months December-March.
50.2 The schedule shall not be changed without first obtaining consent from the City
Administrator, and not without giving a minimum of thirty (30) days written notice to all parties
affected by the change. The City may, at its discretion, waive the minimum time limits required.
This waiver must be in writing and signed by the City designee. The Contractor will be required
to publish an advertisement twice per week in two separate weekly issues of the local newspapers,
no earlier than 60 days prior to the change, with the last advertisement to be no later than fifteen
(15) days prior to the schedule change. Failure of the Contractor to maintain said collection
schedule shall be considered a breach and default of the Agreement and grounds for immediate
termination of the Agreement.
50.3 In no case shall collection commence prior to 6:00 a.m. or continue past 7:00 p.m.
on any day during the term of the Agreement. The collection schedule shall not include Saturday
or Sunday as a regular collection day for any area in the City.
51. HOLIDAYS
51.1 Collection normally falling on the following holidays may be rescheduled for the
first working day following the legal holiday, or on Saturday, as necessary, for that week only. If
the holiday falls on a Sunday, service will not be interrupted, and collection will run on a normal
schedule
New Year's Day Memorial Day Independence Day
Labor Day Thanksgiving Day Christmas Day
51.2 The Contractor agrees to inform the City and its residents of changes in normal
collections due to holidays by notification through at least two local media outlets or establish a
permanent holiday schedule or plan to be printed within the refuse literature.
52. SCHEDULE ADHERANCE
52.1 If, at any time during the term of this Agreement, the Contractor shall collect any
section of the City on a day other than the scheduled day,the Contractor shall immediately notify
the respective municipality that he is in violation of the Agreement. If a similar violation should
occur more than once within the three-week period following the week of the original violation,
22I1) a .� e
the City will notify the Contractor by certified mail and withhold any further payment that may be
due under the Agreement until the Contractor has furnished evidence satisfactory to the City that
the Contractor has taken necessary actions and precautions to prevent further violations. The City
may determine that this second or subsequent collection violation as a breach of Agreement, and
therefore the City reserves the right to terminate the Agreement. Delays that are occasioned by
holidays, or by daily(any 24-hour period)precipitation of four(4) inches or more of rain,or eight
(8) inches or more of snow, may not be considered as violations. The City Administrator shall be
the judge of whether delays constitute a violation, or not.
53. PLACE OF PICK-UP
53.1 The Contractor is responsible for the public streets, or properly wavered private
street curbside pick-up of all residential locations as well as designated locations as requested by
the City.
54. REPLACEMENT DAMAGE
54.1 The Contractor is responsible for damages resulting from its careless handling of
any receptacle. The Contractor at no extra charge to the user shall replace all containers, which
suffer damage caused by the Contractor. If the original container was supplied by the Contractor,
the containers so supplied shall remain the property of the Contractor. If the original container
was supplied by the resident,then the replacement container shall be the property of the resident.
54.2 Notwithstanding anything herein to the contrary, to the extent supplied by
Contractor, in the event that a waste container becomes lost, unsightly, unsanitary, broken, or
unserviceable because of the acts or omissions of the Customer(excluding normal wear and tear),
the Customer will be charged for the resulting repairs or replacement and such amounts will be
paid to Contractor upon demand.
54.3 Except in the case of Contractor'negligence or willful misconduct,Contractor shall
not be liable for any damages to pavement, curbing, or other driving surface resulting from the
weight of its trucks and equipment.
55. COLLECTION VEHICLES
55.1 All vehicles used for collection purposes, except those exempted by other
provisions of these specifications, shall have fully enclosed bodies with self-contained
mechanisms to load and compress the material collected. These vehicles must be modern, neat,
rear, front, or side-loading packer-type motor trucks, have entry for refuse into the vehicle's
collecting body.All vehicles shall be kept watertight to prevent leaking,shall be kept closed except
during collections along collection route. All equipment used by the Contractor shall be painted
with no rust showing on the cab, chassis or body. Vehicles must be kept in clean, sanitary and
quiet operating condition. Vehicles must at all times be supplied with brooms and necessary items
to provide for immediate clean up of any litter or mess,which may result from leaking, spilling or
blowing during collection procedures. Vehicles shall be clearly labeled with the firm's name,
address, and telephone number and have a vehicle identification number printed clearly on each
and every vehicle. However, if the Contractor desires to use a vehicle of larger capacity, specific
written approval of the specific vehicle shall be required from the City's Designated
Representative, after an actual demonstration of the vehicle on the streets of the respective
municipality. Overweight vehicles are the responsibility of the Contractor. Contractor is required
to comply with weight requirements and safety requirements as established by Illinois Law or City
Ordinances for vehicles, vehicle operators and specialty equipment.
56. EMPLOYEES
23I1) a e
56.1 The Contractor shall undertake to perform all disposal services rendered in a neat,
orderly and efficient manner; to use care and diligence in the performance of this contract; and to
provide neat,orderly and courteous personnel on its crews. The Contractor shall agree to prohibit
any drinking of alcoholic beverages or use of illegal drugs or drugs which impair the ability of the
employee or agent to safely and adequately perform his or her (drivers and crew members)job
while on duty or in the course of performing their duties under this Agreement. The Contractor
shall also agree to ensure that each employee driving a vehicle shall at all times carry a valid
operator's license for the type vehicle he/she is driving. The Contractor's employees will be
attired, at all times, in a professional-type manner. These specifics will be agreed upon between
representatives from the Contractor and the City Designated Representative.
57. ACCIDENT PREVENTION
57.1 Precaution shall be exercised at all times for the citizens,employees and property.
The safety provisions of all applicable laws and building and construction codes shall be observed.
Machinery,equipment and all hazards shall be guarded or eliminated in accordance with the safety
provisions of the manual of Accident Prevention in Construction, published by the Associated
General Contractors of America, to the extent that such provisions are not in contravention of
applicable law.
58. COMPLAINT PROCEDURE
58.1 All complaints received by the Contractor shall be given prompt and courteous
attention. The City, individually and the Contractor will agree upon a formalized complaint form
to be filled out by the Contractor each and every time a customer contacts the Contractor with a
complaint. It will be the Contractor's responsibility to have the complaint forms, on NCR (no
carbon required)paper,printed and available for use by the Contractor prior to the commencement
of this Agreement. The Contractor will supply the City with sufficient NCR forms for logging of
complaints by City staff. Any complaint received by the City shall be immediately communicated
to the contractor. The Contractor is required to supply the City with copies of all complaint forms
within five(5)business days of a complaint being made, indicating thereon the resolution thereof.
58.2 The Contractor shall provide the City with name,phone number,and email address
for an individual to serve as point person for purposes of City staff contact with the Contractor.
59. COMPLAINTS
59.1 Where any dispute arises between a resident/customer and the Contractor,as to the
manner or placing of containers for collection or preparation of recyclable materials,or the nature
of the Agreement or the like, the Contractor agrees that in the specific instance collection will be
immediately made even though in its opinion,the customer is in error;and that it will immediately
report the same to the City's Designated Representative so that the City and the Contractor may
resolve the dispute, if possible,before additional collection becomes necessary. The intent of this
paragraph is to avoid disputes/disagreements between the customers and the Contractor's
employees, and to permit disputes/disagreements to be handled by mutual discussion between the
Contractor and the City. If a missed pick up is reported by the City or a customer to the Contractor,
the Contractor shall collect the refuse, recyclable material or yard-waste from such customer
within on (1) business day of notification. All complaints other than missed pickups shall be
resolved to the satisfaction of the City within two (2) business days. As noted above, the
Contractor shall supply to the City a NCR copy of the complaint form for each and every complaint
and on which the nature of the complaint and the disposition is clearly noted. The Contractor shall
cooperate with the City in minimizing complaints from customers. Continued unreasonable
complaint levels, as determined by the City, or failure of the Contractor to carry out any of its
contractual obligations such as, but not limited to, rude treatment, messy pickups, damage to
24IPagc
persons or property and early start-up may be due cause for the City to terminate this Agreement
after notice and an opportunity to be heard.
60. CUSTOMER VIOLATIONS OF MUNICIPAL CODE
60.1 The Contractor shall have the right to notify any customer of noncompliance with
the applicable Yorkville code provisions concerning the handling or disposal of solid waste as
those same may apply to such customers. The Contractor shall report any continuance of any such
noncompliance to the respective City.
61. NEW CUSTOMERS
61.1 The Contractor agrees to provide service immediately to all new customers,even if
the new customer neglected to first notify or request collection services. The City agrees to make
every effort possible to alert the new customer to the collection procedure for refuse,recycling and
yard-waste.
62. EXCLUSIVE GRANT/INTENT
62.1 The City agrees that in consideration of the faithful performance of the obligations
herein undertaken by the Contractor, the City does, by execution of this Agreement pursuant to
City Code, give and grant to the respective Contractor, for the term of this Agreement only, the
sole and exclusive Class A License to collect and dispose of all residential solid wastes. The
Agreement shall include all residences (attached single-family and detached single-family as
defined herein)and municipal facilities as required within the corporate boundaries of the City of
Yorkville. This grant expressly includes the right and duty to service any land annexed to the City
where new residences or municipal buildings have been constructed during the term of this
Agreement. Service will be provided on the same terms as set forth herein. The City shall
communicate any changes to the corporate boundaries or service area resulting from annexations,
zoning actions, site plan approvals, construction, etc., to the Contractor. It is the intent of this
Agreement to obtain, throughout its term, clean, courteous, well scheduled, and well-executed
collection and disposal or processing of refuse, recycling and yard-waste from properties in the
City of Yorkville. While the City recognizes that any collection service involves minor customer
operating problems,the intent of this Agreement is to ensure that any such operating problems are
minimized to the extent possible and corrected as soon as possible.
63. QUALIFICATIONS/REFERENCES
63.1 The Contractor shall provide at least five (5) references of"like" public agencies
with current contacts in accordance with Appendix 4 and shall indicate if appropriate, which
municipality has implemented a volume-based program. Contractor shall complete the attached
Appendix 6 listing its qualifications.
64. PROPOSAL SECURITY
64.1 Each proposal shall be accompanied by proposal security, which shall be in the
form of a certified check or a bank cashier's check in the amount of five thousand dollars($5,000),
made payable to the City of Yorkville. Proposals submitted without the required security shall be
rejected. After formal written notification by the City that a Agreement award decision has been
made,the proposal security of the successful Contractor shall be forfeited to the City in the event
that the Contractor shall withdraw its proposal, or neglect or refuse to enter into a Agreement and
required bond, and the Contractor shall be liable for any damages the City may thereby suffer.
64.2 Proposal securities shall be released as follows: (1) The successful Contractor's
security shall be retained until the required performance bond ($500,000.00) has been furnished;
(2)Proposal securities of the proposing Contractors shall be held until the successful Contractor's
25If' age
performance bond has been furnished, at which time the checks will be promptly returned to the
unsuccessful Contractors
65. TERM OF AGREEMENT
65.1 The term of the Agreement will be Five (5) years, and shall commence at 12:01
a.m. on May 1,2022 and shall remain in full force and effect through termination at 11:59 p.m. on
April 30, 2027. Upon request, the City may exercise an option to extend the Agreement term for
an additional one (1) year period ending at 11:59 p.m. on April 30, 2028. The Contractor may
negotiate in good faith, on request of the City, for an extension to the Agreement, provided that
the Agreement extension is approved by the City Council no later than one hundred twenty (120)
days before the termination of the existing Agreement.
66. STICKER REFUND
66.1 At the end of the Agreement term, should the City select a different scavenger
service, the Contractor agrees to refund to all customers, retailers and the City, the full purchase
price of all refuse/yard-waste stickers returned to the Contractor within one hundred twenty (120)
days after the end of such term.
65. PERFORMANCE BOND
65.1 The Contractor shall provide a performance bond issued by a surety in an amount
of$500,000 to the City.
66. EMERGENCIES
66.1 The Contractor agrees that should any emergency arise by reason of storm,
tornadoes, or other act of God which require additional hauling equipment by the City, the
Contractor's equipment shall be placed at the disposal of the City upon request for such temporary
use,provided that upon such use the City shall pay the operating cost of such equipment and labor
as it is used. The City reserves the right to direct which disposal sites are to be used during an
emergency.
67 LOCAL IMPROVEMENTS
67.1 The City of Yorkville reserves the right to construct any improvement or to permit
any construction in any street, which may have the effect for a time of preventing the Contractor
from traveling his accustomed route or routes for collection. The Contractor shall, however, by
an acceptable method,continue to collect the refuse,yard-waste and recyclables to the same extent
as though no interference existed upon the streets formerly traveled. This shall be done without
extra cost to the City of Yorkville.
68. TAXES,LICENSES & PERMITS
68.1 The Contractor shall pay all sales, use, property, income, and other taxes that are
lawfully assessed against the City or the Contractor in connection with the Contractor's facilities
and the work included in this Agreement, and shall obtain and pay for all licenses, permits,
certificates of authority,and inspections required for the work. The Contractor shall furnish to the
City satisfactory evidence that it has all permits, licenses, and certificates of authority required to
operate for the term of this Agreement.
68.2 Notwithstanding anything to the contrary,the Contractor may pass through and the
City shall pay any cost incurred by the Contractor as the result of any new state law, federal law
or local ordinance which shall apply to all providers of scavenger services in the State of Illinois.
69. DEFAULT
26I1' age
69.1 If the Contractor fails to observe the established schedule for more than two (2)
consecutive working days, and in the opinion of the City's Designated Representative, there
has not been sufficient cause to justify such lack of observance, the City , respectively, shall serve
notice, either personally or by affixing such notice to the local premises of the Contractor, that this
Agreement shall be in default if the Contractor does not take action to re-establish the schedule within
twenty-four(24) hours of said notice. If at the end of the twenty-four(24) hour period, the Contractor
has not made the necessary corrections, the City shall take such steps as are necessary,to provide
services according to the collection schedule submitted by the Contractor. The Contractor
will be liable for any costs of such steps from the date of the notice of default. If deemed
necessary by the City's Designated Representative, the City shall have the right to take over ail
equipment and facilities of the Contractor for a period of up to one-hundred-twenty (120) days
from the date of notice of default.
70. STRIKES/FORCE MAJEURE
70.1 The Contractor shall be required to file proof with the City Administrator, or their
designee that it has a "no strike" provision for the duration of all collective bargaining
agreements with its workers. Upon execution of any new agreement, the Contractor shall
forward to the City Administrator within thirty (30) days thereafter, proof that said agreement
also contains a "no strike" clause.
70.2 In the event that the Contractor shall fail to collect, remove and properly dispose
of the waste in accordance with the terms of this Agreement,for a period of five(5)business days
or more, the City, may, at its option, cause such waste to be collected and disposed of by
any reasonable means available to the City, and the cost thereof may be charged against
the Contractor and the performance bond furnished by the Contractor. The foregoing option shall
not be available to the City, if the Contractor's failure so to collect and remove waste for
the period was due to unusual weather conditions, or some other "act of God," which
rendered such collection and removal impossible to perform. The Contractor shall not be
liable for the failure to perform its duties if such failure was caused by a catastrophe,
riot, war, government order or regulation, fire, accident or any similar contingency
beyond the reasonable control of the Contractor. "Act of God" does not include any
strike, sympathy strike, slowdown, sit-down, stoppage of work, refusal to perform overtime,
mass absenteeism, refusal to cross a picket line or any other similar concerted action or
intentional interruption or disruption of the operations of the Contractor by Contractor's own
employees (the foregoing collectively referred to as "labor dispute"), provided, however,
that in the event that the City exercises its option under this Article to collect and
dispose of waste by other reasonable means because of the Contractor's failure to
perform due to a labor dispute, the total amount charged against the Contractor by the City
can only be an amount which is in excess of the total amount that the City would have
otherwise paid to the Contractor for collection over the duration of the labor dispute.
The Contractor shall promptly notify the City in writing of any event covered by this Section
and the date, nature and cause thereof. Such notice shall indicate the anticipated extent of
such delay and the obligations under this Agreement to be affected thereby.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Agreement as of the day and year first above
written:
27IPac, e
OWNER:EJNfEl)CITY ORKVII.1_i'
By'
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CONTRACTOR.
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Appendix 1
Plan Description May 1,2022 to May 1,2023 to May 1,2024 to May 1,2025 to May 1.2026 to
April 30.2023 April 30,2024 April 30,2025 April 30,2026 April 30,2027
35GallonTote S 17.81 S 18.52 519.26 $ 20.03 S20.83
(Senior Only)
Refuse Collection 65 Gallon Tote S 18.79 S 19.54 S20.32 $ 21.13 $21.98
96 Gallon Tote S 18.99 S 19.75 $20.54 $ 21.36 522.21
Total S N/A S N/A S N/A S N/A 5 N/A
Plan Description May 1,2022 to May 1,2023 to May 1,2024 to May 1,2025 to May 1,2026 to
April 30,2023 April 30,2024 April 30,2025 April 30,2026 April 30,2027
35 Gallon Tote $ NO BID S NO BID S NO BID $ NO BID S NO BID
Refuse
Collection& 65 Gallon Tote S NO BID S NO BID $ NO BID $ NO BID S NO BID
Household
Hazardous 96 Gallon Tote S NO BID S NO BID S NO BID $ NO BID S NO BID
Waste
Total S NO BID S NO BID $ NO BID $ NO BID $NO BID
29II' au. c
United City of Yorkville
APPENDIX 2
REQUIRED RECYCLABLES TO BE COLLECTED
The City requires that the Contractor shall collect the following recyclable material for the entire
term of the contract. Additionally, the Contractor is encouraged to identify additional items they
will be collecting, not on the current list.
Required Recyclable Materials
• brown paper bags
• corrugated cardboard
• boxes and cartons
• chipboard/paperboard (to include brown or gray box board or paperboard, cereal
boxes, shoe boxes, &paper towel cores)
• magazines and catalogues
• mixed paper, glossy & non-glossy (to include stationary, notebook paper, post-it
notes, computer paper, typing paper, flyers, greeting cards, file folders and all
envelopes,with and without windows)
• newspaper(including all supplements)
• telephone books
• wet strength carrier stock(to include paper board used for refrigerated and frozen
items)
• frozen food packages
• aerosol cans
• aluminum cans and foil
• formed aluminum containers and wraps
• aseptic packaging and gable top containers
• formed steel containers
• glass bottles and jars(brown, green, and clear)
• plastic containers (colored or cloudy white HDPE milk,juice and/or water bottles,
jars and jugs)
• all plastic containers#1 through#5 and plastic containers#7
• LDPE and HDPE soft plastic six(6)and twelve (12)pack rings
• steel cans
• steel paint cans and lids
• household batteries
Other Recyclable Materials Proposed by Contractor
❑ Please see "Deviations & Exceptions" tab.
40
United City of Yorkville
Please see "Deviations & Exceptions" tab.
APPENDIX 3
SCHEDULE OF ALTERNATIVES AND DEVIATIONS
Please list any proposed alternative or deviation to the minimum standards outlined in the
specifications section of this document. (Please attach additional sheets if necessary.)
Section Paragraph Explanation of Alternative/Deviation
41
GROOT groot.com
DEVIATIONS & EXCEPTIONS
or its subcontractors, and the Proposer, its employees, or its subcontractors, and the Proposer shall
at its own expense, appear, defend and pay all reasonable charges of attorneys and all costs and
other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall
be rendered against the City in any such action, the Proposer shall, at its own expense, satisfy and
discharge the same. This Agreement shall not be construed as requiring the Proposer to indemnify
the City for its own negligence or that of third parties. The Proposer shall indemnify, keep and
save harmless the City only to the extent a loss was caused by the negligent, willful or reckless
acts or omissions of the Proposer, its employees, or its Subcontractors."
(3) Contractor objects to the phrase "Applicable on a per project basis" in Section 15.1 and requires it
be deleted.
(4) Contractor objects to the phrase "additional insured" in Section 15.6 and requires it be deleted
and replaced with "additional insured to the extent such obligations are assumed hereunder by
Contractor".
(5) Contractor objects to the last sentence of Section 15.8 and requires it be deleted in its entirety.
(6) Contractor takes exception to Section 19.1 to the extent it would require written consent of the
City Administrator in the event of an assignment or subcontract to a subsidiary or an affiliated
entity of Contractor.
(7) Contractor objects to Section 21.1 and requires a reasonable period of time to cure the alleged
breach or default prior to City exercising its remedies pursuant to the agreement.
(8) Contractor takes exception to Section 53.1 and requires the following concept be incorporated
into the final contract between the parties: Notwithstanding anything herein to the contrary: (a)
Contractor shall have no obligation to collect any material which is or contains, or which Con-
tractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable,
explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by appli-
cable federal, state or local laws or regulations ("Excluded Waste"); (b) if Contractor finds what
reasonably appears to be discarded Excluded Waste, Contractor shall promptly notify the City
groot corn
GROOT
DEVIATIONS & FXCEPTIONS
Groot, Inc. ("Contractor" or "Proposer") offers the following items to be incorporated into the resulting
contract and as exceptions to the Request for Yorkville Solid Waste Collection Services (the "RFP") is-
sued by the United City of Yorkville (the "City"). Contractor's proposal is subject to and contingent up-
on these exceptions. These items are intended to identify areas of concern and remain negotiable. Along
with the exceptions is some explanation to provide the City with Contractor's thoughts behind such ex-
ceptions. Contractor's bid submission is contingent upon and subject to the exceptions and objections
contained herein. Specifically, Contractor objects, and does not agree, to any provision of the RFP to the
extent such would require a penalty, fine, fee or forfeiture of a bond in the event that the parties are una-
ble to agree on, and ultimately enter into a contract, the terms of this RFP after good faith negotiations,
including the objections and exceptions contained herein. We appreciate your consideration and welcome
the opportunity to work with you on reaching agreeable terms. Unless defined herein, capitalized terms
shall have the meanings set forth in the RFP.
(1) Contractor takes a general exception to any requirement of the RFP requiring confidential, propri-
etary or otherwise privileged information, including financials, of the Contractor. Contractor is a
subsidiary of Waste Connections, Inc. ("WCN"). WCN is a publicly traded company whose
shares trade on the New York Stock Exchange. Periodic and annual financial information is re-
ported to the U.S. Securities and Exchange Commission ("SEC"). Audited financial information
is provided in WCN's annual Form 10-K and quarterly Form 10-Q filings with the SEC. Copies
of WCN's periodic and annual filings are available online at www.sec.gov. Separate financial
statements are not prepared for Contractor. To the extent that the foregoing financial information
does not satisfy the requirements in the RFP, Contractor takes exception to such requirements.
(2) Contractor objects to Section 9.1 of the RFP and requires it be deleted in its entirety and replaced
with the following or other mutually agreeable language (added language underlined):
"To the fullest extent permitted by law,the Proposer shall indemnify, keep and hold harmless the
City and its agents, officers, and employees, against all injuries, deaths, losses, damages, claims,
suits, liabilities,judgments, costs and expenses, which may arise to the extent directly or indirect-
ly from any negligence or from the reckless or willful misconduct of the Proposer, its employees,
11\
GROOT groot.com
DEVIATIONS & EXCEPTIONS
and the producer of the Excluded Waste, if the producer can be readily identified; and (c)
title to and liability for any Excluded Waste shall remain with the producer of the Exclud-
ed Waste, even if Contractor inadvertently collects or disposes of such Excluded Waste.
(9) In addition to the terms set forth in the RFP, the following concepts need to be incorporated into
the final form of the resulting contract:
a. Notwithstanding anything herein to the contrary: (a) Contractor shall have no obligation to
collect any material which is or contains, or which Contractor reasonably believes to be or
contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infec-
tious, biohazardous, toxic or hazardous material as defined by applicable federal, state or
local laws or regulations ("Excluded Waste"); (b) if Contractor finds what reasonably ap-
pears to be discarded Excluded Waste, Contractor shall promptly notify the City and the
producer of the Excluded Waste, if the producer can be readily identified; and (c) title to
and liability for any Excluded Waste shall remain with the producer of the Excluded
Waste, even if Contractor inadvertently collects or disposes of such Excluded Waste.
b. The City must comply with any description of and/or procedures with respect to removal
of contaminants or preparation of recyclable materials as reasonably provided by Contrac-
tor. If the City fails to do so, Contractor may decline to collect such materials without be-
ing in breach of the contract. Contractor shall not be responsible for and has not made any
representation regarding the ultimate recycling of such recyclable materials by any third
party facilities.
c. The rights granted to Contractor under the contract shall be exclusive. The City may, in its
sole discretion, enforce the exclusivity provisions of the contract against third-party viola-
tors, taking into account the cost of doing so and other factors. Contractor may inde-
pendently enforce the exclusivity provisions of the contract against third-party violators,
including, but not limited to, seeking injunctive relief and/or damages, and the City shall
use good-faith efforts to cooperate in such enforcement actions brought by Contractor.
The City shall use its best efforts to adopt ordinances, rules or regulations that have the
/-1"
GROOT groot.com
DEVIATIONS & EXCEPTIONS
effect of requiring third parties, including, without limitation, customers, to comply with
the provisions of the contract, including, without limitation, the exclusive service rights
granted to Contractor pursuant to the agreement.
d. Except in the case of Contractor' negligence or willful misconduct, Contractor shall not be
liable for any damages to pavement, curbing, or other driving surface resulting from the
weight of its trucks and equipment.
e. Notwithstanding anything herein to the contrary, to the extent supplied by Contractor, in
the event that a waste container becomes lost, unsightly, unsanitary, broken, or unservice-
able because of the acts or omissions of the City (excluding normal wear and tear), the
City will be charged for the resulting repairs or replacement and such amounts will be
paid to Contractor upon demand.
f. Any equipment furnished hereunder by Contractor shall remain the property of Contrac-
tor; however, the customers and the City (as applicable) shall have care, custody and con-
trol of the equipment while at the service locations. Customers and the City shall not over-
load (by weight or volume), move or alter the equipment, and shall use the equipment on-
ly for its proper and intended purpose. Customers and the City must provide unobstructed
access to the equipment on the scheduled collection day. The word "equipment" as used
herein shall mean all containers used for the storage of non-hazardous solid waste.
g. Notwithstanding anything herein to the contrary, Contractor may pass through and the
City shall pay to Contractor any documented increases in and newly imposed taxes, fees
or other governmental charges assessed against or passed through to Contractor (other
than income or real property taxes).
h. Except for the payment of amounts owed hereunder, neither party hereto shall be liable
for its failure to perform or delay in its performance hereunder due to contingencies be-
yond its reasonable control including, but not limited to, strikes, riots, compliance with
laws or governmental orders, inability to access a container, fires, inclement weather and
acts of God, and such failure shall not constitute a breach under the contract.
United City of Yorkville
Please see "References" tab.
APPENDIX 4
SCHEDULE OF ILLINOIS MUNICIPALITIES SERVED
Please list municipal references. (Please attach additional sheets if necessary)
Municipality Contact Name& Service Explanation of Collection and
Telephone Number Dates Disposal_Program
42
GROOT groot.com
REFERENCES
Currently,we have exclusive contracts in 81 communities with over 600,000 residences serviced every
week. Additional references are available upon request.
Community Served Service Provided
City of West Chicago Contract Start: 2005
475 Main Street Modified Volume Based Program
West Chicago, IL 60185 5,300 units serviced-Providing refuse, recycling&
Mr. Michael Guttman, City Administrator yard waste services
(630)293-2200
Village of Bellwood Contract Start: 1994
3200 Washington 5,600 units serviced
Bellwood, IL 60104 Providing refuse &recycling services
Mr. Peter Tsiolis,Economic Dev. Director
(708) 547-4045
Village of Brookfield Contract Start: 1964
8820 Brookfield Ave. 5,837 units serviced
Brookfield, IL 60513-1688 Providing refuse, recycling&
Mr. Tim Wiberg, Village Manager yard waste services
(708)485-7344
Village of Oswego Contract Start: 2012
100 Parkers Mill 9,400 units serviced
Oswego, IL 60560 Providing refuse,recycling&yard waste
Mr. Dan Disanto Village Administrator services
(630) 554-3618
City of Aurora Contract Start: 2015
44 E Downer Place Residential Franchise: 46,174 units serviced
Aurora, IL 60505 Providing: refuse, recycling&yard waste services
Mr. Kelvin Beene, Property Standards Manager
(630)256-3771
United City of Yorkville
APPENDIX 5
LOCATION OF DISPOSAL FACILITIES
Please provide below information concerning the facilities,which are intended to be used for the
disposal of refuse,yard waste, organics and recyclable materials collected at the curbside.
(Please attach additional sheets if necessary.)
REFUSE
Name of Facility Facility Address Disposal Limitations
Plano Transfer Station 4705 Kendall Farms Rd N/A
Plano, IL 60545
1995 Powis Rd N/A
Dukane Transfer Station West Chicago, IL 60185
RECYCLING
Name of Facility Facility Address Disposal Limitations
Groot Plano 710 E South St
Transfer Station Plano, IL 60545 N/A
10111 Andersen Ave
Resource Management N/A
Chicago Ridge, IL 60415
YARD WASTE
Name of Facility Facility Address Disposal Limitations
2954 U.S. 52
Compost Supply N/A
Sheridan, IL 60551
43
United City of Yorkville
ELECTRONIC WASTE
Name of Facility Facility Address Disposal Limitations
Varies
ORGANIC MATERIAL
Name of Facility Facility Address Disposal Limitations
2954 U.S . 52
Compost Supply N/A
Sheridan, IL 60551
HOUSEHOLD HAZARDOUS WASTE
Name of Facility Facility Address Disposal Limitations
N/A
44
United City of Yorkville
APPENDIX 6
CONTRACTOR QUALIFICATIONS
Name of Business: Groot Recycling & Waste Services, Inc .
Business Address: Mailing Address: 2500 Landmeier Rd, Elk Grove Village, IL 60007
Business Number: 7 7 3-2 4 2-19 7 7
Emergency Number: 8 4 7-5 3 2-10 4 5
Fax Number: 773-601-8639
Ownership: Individual Partnership Corporation
Franchise or Parent Company(if applicable): Waste Connections
3 Waterway Square P1 #110
The Woodlands, TX 77380
List all Partners, Managers, and Corporate Officers:
Name Title Residence Phone
Please see attached at the end of this section.
Days of Operation: Monday - Friday
Business Hours: 7 : 0 0 a.m. to 5 : 0 0 p.m.
Number of Employees:
Supervisors: 25
Drivers: 361
Office Personnel: 146
45
United City of Yorkville
Signature: Date: 10/25/2021
Adam Gooderham, Division Vice President
Officers:
Name Office
Ronald J. Mittelstaedt Executive Chairman
Worthing F. Jackman President and Chief Executive Officer
Mary Anne Whitney Executive Vice President, Chief Financial
Officer and Assistant Secretary
Darrell W. Chambliss Executive Vice President and Chief
Operating Officer and Assistant Secretary
David G. Eddie Senior Vice President and Chief Accounting
Officer
David M. Hall Senior Vice President—Sales and Marketing
James M. Little Senior Vice President — Engineering and
Disposal
Patrick J. Shea Senior Vice President, General Counsel and
Secretary
Matthew S. Black Senior Vice President and Chief Tax Officer
Robert M. Cloninger Vice President, Deputy General Counsel and
Assistant Secretary
Keith P. Gordon Vice President—Information Systems
Eric O. Hansen Vice President—Chief Information Officer
Michelle L. Little Vice President—Accounting
Shawn W. Mandel Vice President—Safety and Risk Management
Susan R.Netherton Vice President — People, Training and
Development
Scott I. Schreiber Vice President — Equipment and Operations
Support
Gregory Thibodeaux Vice President—Maintenance and Fleet
Management
Colin Wittke Vice President—Sales
Richard K. Wojahn Vice President—Business Development
Jason Craft Regional Vice President—Eastern Region
Doug McDonald Regional Controller—Eastern Region
Directors:
Ronald J. Mittelstaedt
Address for all Officers and Directors:
3 Waterway Square PI., Ste. 110, The Woodlands, TX 77380
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Q Monday Pick Up
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Q Wednesday Pkk Up
IIM Thursday Pkk Up
Friday Pkk Up
Eu c,` 2022 GARBAGE PICK UP LOCATIONS&PICK UP DAYS
^� • ADDRESS:
4. UNITED CITY OF YORKVILLEa ,ILLINOIS
a
$00 Game Farm Road,Yorkville Illinois DATE:January 25,2022
••
'tie- DATA:All permit data and geographic data are property of the United City of Yorkville
LOCATION:(l:t//YCommunity Development/Groot/Garbage Weekly Map
United City of Yorkville
EXHIBIT B
SERVICES FOR MUNICIPAL AND PUBLIC FACILITIES
Location Service Type Size Frequency
Yorkville Library Refuse 1-1.5 yd lx/wk
902 Game Farm Road Recycling 1-1.5 yd lx/wk
Yorkville City Hall and Refuse 1-6 yd 2x/wk
Police Department Recycling 1-2 yd cardboard lx/wk
800 Game Farm Road Recycling(paper) 6-96 gallon toters lx/wk
Future 651 Prairie Point
(approximately 10/22)
Yorkville Public Works Recycling 1-2 yd cardboard lx/wk
610 Tower Lane Refuse 1-20 yd open lx/wk
Yorkville Administration Refuse 1-20 yd open lx/wk
and Recreation Center Recycling 2-96 gallon toter lx/wk
Building Recycling 1-1 yd cardboard lx/wk
201 W.Hydraulic Avenue
Yorkville Parks Refuse 1-20 yd open lx/wk
Maintenance Building Recycling 1-96 toter lx/wk
185 Wolf Street
Yak Shack Refuse 1—2 yd lx/wk
102 E.Van Emmon Recycling 1—96 gallon toter lx/wk
Ice Cream Shop Refuse 1—2 yd lx/wk
_301 E.Hydraulic Recycling 2—96 gallon toters lx/wk
Bridge Park Refuse 1—2yd lx/wk
3651 Kennedy Road Recycling 10—96 gallon toters lx/wk
Yorkville Beecher Center Refuse 1-4yd refuse lx/wk
908 Game Farm Road Recycle 1-2yd recycle lx/wk
All City Rentals When Refuse 96 gal.toters, 33 gal. toters, 18
Required gal.toters
30 yd open dumpster
(Exhibit B continued)
The location of the facilities,the number of facilities,their bin/tote size, and pickup schedule are
subject to change throughout the lift of the contract. The Contractor shall provide,at no cost to
the City,the collection and disposal of all refuse, recycling, and yard waste,or more often if
requested by the City. A comprehensive recycling program shall also be provided at no cost for
the municipal facilities listed above(new or additional facilities may be added at any time during
the Contract term). The Contractor shall be responsible for supplying all service equipment
associated with totes and containers/dumpsters to said facilities as set forth in the Contract. All
special events to have port-a-potties and hand washing stations and 2yd dumpsters.
48