90-0214 Elgin Wayne Disposal l i
CONTRACT •
THIS CONTRACT, made the \'qT-" day of aR.aw0-1
1990 , is made between and in behalf of Elgin Wayne Disposal
hereinafter called the "CONTRACTOR" , and the City of Elgin, Kane
and Cook Counties, Illinois, hereinafter called the "OWNER" .
WITNESSETH, ' that the Contractor and the Owner for the
consideration stated herein agree as follows:
ARTICLE I , SCOPE OF WORK - The Contractor shall perform
everything required to be performed and shall provide and furnish
all of the labor, materials, necessary tools, expendable equip-
' ment, and all transportation services required to perform and
complete refuse collection and curbside .recycling, all in strict
accordance with the Contract Documents herein mentioned which are •
a part of this contract, and the other documents constituting a
part thereof. -
ARTICLE II, THE CONTRACT PRICE - The Owner shall pay the
Contractor for the performance of this contract, subject to any
additions or deductions provided herein. The Owner has selected
and the Contractor has agreed to the
various pricing schedules as outlined in the attached Requests for Proposals
referenced in Article V of this contract.
ARTICLE, III, PAYMENTS - Payments are to be made to the
Contractor in accordance with and subject to the provisions
embodied in the documents made a part of this contract.
ARTICLE IV, TIME OF COMPLETION - This contract shall become
effective on the 1st day of April , 1990 , and
shall remain in full force and effect through the 31st day of
March , 1993 . The date of completion of the work
determined as provided herein shall be hereinafter referred to as
the "Contract Completion Date". The contract completion date
shall be changed only by written notice by the Director of Public
Works.
ARTICLE V, COMPONENT PARTS OF THIS CONTRACT - This contract
consists of the following component parts, all of which are as
fully a part of this contract as hereto attached:
RFP# 89-100 "Collection and Disposal of Garbage and Refuse" and
RFP# 89-101 "Curbside Recycling Collection Program".
1. Notice To Bidders.
2. Instructions to Bidders.
3. Special Provisions.
4. Bid Forms.
5. Maps and/or Exhibits.
6. Addendum No. 1.
(25)
4 • ;
In the event that any provision and any of the above compo-
nent parts of this contract conflicts with any provision in any
other of the component parts, the provision in the component part
first enumerated above shall govern over any other component part
which follows it numerically, except as may be specifically
stated otherwise.
IN WITNESS WHEREOF, THE PARTIES hereto have caused this
instrument to be executed in four (4) original counterparts, the
day and year first above written.
(SEAL) BY:
ATTESTED - CONTRACTOR PRESIDENT
mss,
ATTEST
TITLE SECRETARY
(SEAL)
ATTESTED
CITY CLERK = CITY OFA;L _ INOIS
•
B IOW r
FORM APPROVED:
BY: ` "--
CO' 'ORATIuN-- COUNSEL
DATE: f ' 111
•
RFP0001
RFP
(26)
•
NATIONAL GUARANTY INSURANCE COMPANY
199 Main St., 5th Floor
Courthouse Plaza
Burlington, VT 05401
Performance Bond
Bond No. PB90-0016 OB Amount $1,964,500.00
KNOW ALL MEN BY THESE PRESENTS,
That we, ELGIN-WAYNE DISPOSAL CONTRACTORS, A DIVISION OF WASTE MANAGEMENT OF
ILLINOIS, INC. , Route 25, Elgin, Illinois 60120 (hereinafter
called the Principal), as Principal, and the NATIONAL GUARANTY INSURANCE
COMPANY, Burlington, Vermont, a Corporation duly organized under the laws of the
State of Vermont, (hereinafter called the Surety), as Surety, are held and firmly bound unto
CITY OF ELGIN, 150 Dexter Court, Elgin, Illinois 60120
(hereinafter called the Obligee),
in the sum ot.One million nine hundred sixty-four thousand five hundred and
no,loo--------- Dollars ($ 1,964,500.00-----), for the payment of which we, the said
Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 31st day of January 1990
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered
into a certain Contract with the Obligee, dated January 31 , 19 90 for
Municipal refuse pick-up, curbside recycling service and municipal yard waste
service for the City of Elgin
in accordance with the terms and conditions of said Contract, which is hereby referred to
and made a part hereof as if fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
above bounden Principal shall well and truly keep, do and perform each and every, all and
singular, the matters and things in said Contract set forth and specified to be by said
Principal kept, done and performed, at the times and in the manner in said Contract
specified, or shall pay over, make good and reimburse to the above named Obligee, all loss
(over)
fl
•
and damage which said Obligee may sustain by reason of failure or default on the part of
said Principal so to do, then this obligation shall be null and void; otherwise shall remain
in full force and effect, subject, however, to the following conditions:
NOTWITHSTANDING ANYTHING CONTAINED IN THE CONTRACT TO THE
CONTRARY, THE LIABILITY OF THE PRINCIPAL AND SURETY UNDER THIS
BOND IS LIMITED TO THE ORIGINAL TERM OF THE CONTRACT' FROM
April 1, 1990 TO March 31, 1993 ANY EXTENSIONS OR
RENEWALS OF THE REFERENCED CONTRACT SHALL BE COVERED UNDER
THIS BOND ONLY WHEN CONSENTED TO IN WRITING BY THE SURETY.
Any suit under this bond must be instituted before the expiration of two (2) years from the
date on which final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than the Obligee named herein or the heirs, executors, administrators or successors
of the Obligee.
ELGIN-WAYNE DISPOSAL CONTRACTORS, A
DIVISION OF WASTE MANAGEMENT OF ILLNO_S,_INC.
Principal
By: 1..,.:e'
/
Joh J. R. i , Assistant Secretary
National Guaranty Insurance Company
By: L
/> . J. Winstead, Attorney-in-Fact
•
POWER OF ATTORNEY
Know all Men by These Presents that the National Guaranty Insurance
Company, 199 Main Street, Burlington, Vermont Corporation (the "Corporation") ,
has constituted and appointed and does hereby constitute and appoint Donald S.
Haufe, Thomas R. Frank and Leo J. Winstead of Oak Brook, Illinois each its true
and lawful Attorney-in-Fact to execute under such designation in its name and
to affix its corporate seal to deliver for and on its behalf as surety thereon
or otherwise, bonds of any of the following classes, to-wit:
1. Surety bonds to the United States of America or any agency thereof,
including lease and miscellaneous surety bonds required or permitted
under the laws, ordinances or regulations of any State, City, Town,
Village, Board or any other body or organization, public or private.
2. Bonds on behalf of contractors in connection with bids, proposals
or contracts.
The foregoing powers granted by the Corporation shall be subject to and
conditional upon the written direction of any officer (or any designee of any
such officer) to execute and deliver any such bonds.
IN WITNESS WHEREOF, the Corporation has caused these presents to be signed
by its Vice President/Underwriting and its Assistant Secretary, and its corporate
seal to be hereto affixed this 29th day of January, 1990.
Witness: National Guaranty Insurance Company
PAO" \
11111111111Fe r: :ry Vice President/Underwriting
ISSUE DATE(MM/DD/YY)
ACCIIIsl1. CERTIFICATE OF INSURANCE 1,01,90
PRODUCER. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Near North Insurance Aaencv NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
875 North Michigan, 23rd Floor
Chicago, IL 60611 COMPANIES AFFORDING COVERAGE
WM COMPANY A
LETTER
CODE SUB-CODE Continental Casualty Company
Contact :M. Pattison( 312) 280-5540 COMPANY
INSURED LETTER B Transportation Ins . Co.
Elgin-Wayne Disposal COMPANY
Contractors LETTER C
R.R. 1, Box 8H COMPANY
Route 25 - Fire #7N904 LETTER D
Elgin, IL 60120 COMPANY
LETTER E
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION
POLICY NUMBER ALL LIMITS IN THOUSANDS
LTR DATE(MM/DD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 5, 000
A X COMMERCIAL GENERAL LIABILITY GL0 0 0 1 6 0 5 5 8 4 1/01/90 1/01/92 PRODUCTS-COMP/OPS AGGREGATE $ 5,0 0 1
X CLAIMS MADE X OCCUR. PERSONAL&ADVERTISING INJURY $ 5, 00•
X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 5,000
X PROD/COMP. OPERATIONS FIRE DAMAGE(Any one fire) $ 2.000
X CONTRACTUAL MEDICAL EXPENSE(Any one person) $
AUTOMOBILE LIABILITY COMBINED
A X ANY AUTO BUA6001605581 1/01/90 1/01/92' LIMTLE $ 5, 000
ALL OWNED AUTOS BODILY
INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY
INJURY $
X NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY PROPERTY
DAMAGE $
EXCESS LIABILITY EACH AGGREGATE
OCCURRENCE
$ $
OTHER THAN UMBRELLA FORM
STATUTORY
WORKER'S COMPENSATION
$ 1,000EACH ACCIDENT)
B AND WC4001605579 1/01/90 1/01/92 $ 5.000DISEASE—POLICY LIMIT)
EMPLOYERS'LIABILITY
$ 1, 000DISEASE—EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
All Operations and the Equipment of the Insured
The City of Elgin is named as Additional Insured.
rPVised 1/19/90
CERTIFICATE HOLDER 00016 CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Elgin EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
150 Dexter Court MAIL 90DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Elgin, IL 60120 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE '
tACORD 25-S(3/88) ®: • • '1• ; • ; - • ••
5,
October 5, 1989
CITY OF ELGIN
CONTRACT
ADDENDUM NO. 1
PROJECT : I . RFP-Collection and Disposal of Garbage and Refuse .
II . RFP-Curbside Recycling Collection Prooram.
Per the pre-bid meeting on 10-3-89 at 10 A.M. , the following clarify-
ing information shall be included and shall become a part of the
bidding specifications and contract for the two programs listed
above.
I . RFP - Collection and Disposal of Garbage and Refuse.
Page 2. Parag . B. ( 1 ) . - The starting date of the
contract may be later than January 1 , 1990, depend-
ing upon when a decision is made by the City to
award a contract . A minimum lead time of 60 days to
begin operation will be provided . It is not the
intent of the City to limit this to a 120 day
contract .
Page 14 , Parag . EE. - A one day delay for each day of
collection throughout the week following a holiday
will be acceptable, providing that the Contractor
notifies the public of such schedule as approved by
the City.
Page 14, Parag . FF. - Exhibit I is a list of all City-
owned dumpsters, but is subject to change during the
life of the Contract .
Page 15, Parag . II . - Vehicles smaller than 25 C.Y.
capacity should be specified for approval by the
City.
Page 17, Parag. NN. - Inspection of City Vehicles is
scheduled for Saturday, October 14 , 1989 at 9 A.M.
at the Public Works Complex at 35 Ann Street . Other
arrangements may be made by contracting Jerry
Rotundo , Streets & Sanitation Superintendent , at
697-3160.
Page 17, Parag . PP. - The second sentence should be
changed to read as follows: "Such computation of
changes in the number of Stops shall be made by the
Contractor and reported in writing to the City for
its review and approval within thirty ( 30) days
Crior to the close of each semi-annual period; the
changes in compensation to the Contractor to be
effective as of the first day of the next semi-
annual period .
Page 20. Bi'd Form. - The City provided garbage collec-
tion service to residents at a cost of $5.93 per
month for once a week collection in 1988. The figure
is estimated to be S7.30 per residence per month in
1989.
II . RFP - Curbside Recycling Collection Program.
Page 2, Parag B.4. - The Proposal Bond shall be 10% of
the first year ' s total annual amount of the con-
tract .
Page 2, Parag . B.S. - The Performance Bond shall be 110%
of the first year ' s total annual amount of the
contract .
Page 5, Parag . B. 1 . - Relative to large subdivisions
currently under construction, the City issued 415
single family building permits in 1988 and has
issued 656 single family building permits through
Sept , 1989.
Page 7, Parag . 7. a. - The City shall keep title to the
recycling bins, no matter who purchases those bins.
Page 8, Parag. 7.d . - Twelve or Fourteen ( 14) gallon
containers will be acceptable. Replacement bins will
be provided at the contract unit price. The City
will consider purchasing left over replacement bins
at the contract price at the end of the contract
period, but not exceeding a quantity equivalent to
10% of the initial number distributed .
Page 8, Parag . 7. 1 . - Covers are not required on the
bins.
Page 12, Parag . A. ( 1 ) . - The starting date of the con-
tract may be later than January 1 , 1990, depending
upon when a decision is made by the City to award a
contract . If the starting date is later , appropri-
ate adjustments will be made. A minimum lead time of
60 days to begin operations will be provided . It is
not the intent of the City to limit this to a 120
day contract .
Page 12, Parags. G. 8 H. - There is no specific plan or
schedule at this time relative to drop-off contain-
ers at City sites or within private developments.
Page 12, Parag . I . - The office paper program may in-
clude, but shall not be limited to, the following
locations:
1 . City Hall ( including the Police Dept . ) .
2 . Fire Station No . 1 on Summit St .
3. Public Works Complex ( including Engineering
-Div. ) .
4 . Riverside Water Treatment Facility.
Page 17, Parag . E. - Attached is a copy of the Resolu-
tion (with attachment ) approved by the Elgin City
Council on 6-14-89 which established the prevailing
wage rates. Sanitation Laborers for the City of
Elgin are paid according to a six step salary plan
which ranges . from $9.39 at Step I to $12.51 at Step
VI over a five year period . These figures became
effective on 10-1-88, expired on 3-31-89 and are
presently being negotiated as part of a new labor
contract with SEIU, Local 1-11 .
This addendum shall be attached with your bid submittal .
Receipt acknowledged and conditions agreed to :
Name teIP-
• Date /O.1 p'if
Title �
9-15-89
CITY OF ELGIN
REQUEST FOR PROPOSAL
CURBSIDE RECYCLING COLLECTION PROGRAM
Bid Opening: October 17, 1989 @ 11:00 A.M.
CITY OF ELGIN
CURBSIDE RECYCLING COLLECTION PROGRAM
INDEX
SECTION DESCRIPTION PAGE
I BACKGROUND 1
II GENERAL CONDITIONS 1
A Notice To Bidders 1
B Instructions 1
III EVALUATION CRITERIA 3
A Award of Contract - 3
B Reference Requirements 4
C Proposed Itemized Budget 4
IV CURBSIDE COLLECTION AND RECYCLING REQUIREMENTS 5
A General Description of Work 5
B Curbside Collection Requirements 5
C Processing Requirements 10
D Promotion and Education 10
E Certificate of Insurance 11
F Insurance Requirements 11
G Drop-off Container - City 12
H Drop-off Container - Private 12
I Office Paper Program 12
✓ FINANCIAL REQUIREMENTS 12
A Term of Contract 12
B First Year Contract Price 13
C Second Year Contract Price 14
D Third Year Contract Price 14
E Payment Provisions 15
F Collection of Revenues 15
VI RESPONSIBILITIES 15
A City Property 15
B Hold Harmless and Indemnification Agreement 16
C Damage to City Property From Causes Other
Than Bidders Negligence 16
D Laws and Ordinances 16
E Special Conditions 17
F Affirmative Action 18
G Employee Utilization Form 19
•
I. BACKGROUND
The City of Elgin is located approximately 40 miles northwest of
Chicago and currently has a population of 69,618 (1988 special
census) . The City- consists of approximately 22 square miles.
The City presently collects approximately 90 ,000 C.Y. of house-
hold garbage per year from roughly 19 ,468 dwelling units included
in the service provided by the City. At the present time, the
City does not have a residential curbside recycling collection
program in place.
It is noted that these specifications are general in nature and
Bidders are strongly encouraged to offer any alternatives or
modifications to these specifications to allow more efficient or
economical methods of accomplishing curbside recycling collection
and recycling of materials within the City.
It is the intent of the City of Elgin to seek proposals for
either (a) curbside recycling only, or (b) curbside recycling
along with garbage collection. A separate RFP for Garbage
Collection is attached herewith. The City will then determine
which proposal is in its best interest.
II. GENERAL CONDITIONS
A. Notice to Bidders
1. Meeting Specifications - Bidders should anticipate
meeting all existing specifications. Any modifi-
cations to the specifications should be noted with
such modifications being described in detail.
2. Contact Person - Michael Sarro, Purchasing Agent,
150 Dexter Court, City Hall, Elgin, IL 60120-5555
(312-695-6500, X-207) . FAX # 695-9038.
B. Instructions
1. Submission and Opening of Request for Proposals -
Proposals shall be enclosed in a sealed envelope
and delivered to City Hall, 150 Dexter Court,
Elgin, Il 60120-5555. The sealed envelope shall
be clearly marked "Curbside Recycling Collection
Program" . It is the Bidders ' responsibility to
assure that the proposal is delivered to the
proper location prior to the established date and
time.
2. Proposal Opening Time: 11: 00 A.M.
Date: October 17 , 1989
Location: City Hall
150 Dexter Court
Elgin, IL 60120-5555
(1)
It is the intent of the City to meet with inter-
ested Bidders two weeks in advance of the bid
opening (October 3, 1989) at 10 A.M. in the office
of the Purchasing Agent at . City Hall to answer
questions and clarify any problems which are
presented relative to this RFP.
3. Modification or Withdrawal of Proposal - A propos-
al may not be modified, withdrawn or cancelled by
the Bidder for 90 days following the time and date
designated for the opening of the proposals and
the Bidder so agrees in submitting the proposal.
If any individual company is acting as an agent,
it shall be so stated. Unless it is specifically
stated on the proposal, the proposal will be
awarded to,, order placed with, and payment made to
the person or company that signs the proposal.
4 . Proposal Bond - Each proposal must be accompanied
by a bond or certified check in the amount of 10%
of the total contract amount, payable to the City
of Elgin. Bid bond or check must comply with the
provisions found in the Illinois Revised Statues.
Checks will be returned to unsuccessful Bidders
immediately upon acceptance. Bonds should remain
firm for a period of 90 days from the date of
proposal opening. Check or bond submitted by the
Bidder of the accepted proposal will be held
uncashed until a performance bond, as required in
paragraph 5 of this section, is submitted.
5. Performance Bond - The successful Bidder will be
required to submit a performance bond acceptable
to the City, the value of that bond being 110% of
the total contract price.
6. Rejection of Proposals - The City shall have the
right to reject any or all proposals and in
particular to reject a proposal not accompanied by
proper security or data required by the Request
for Proposal document, or a proposal in any way
incomplete or irregular.
7 . Acceptance of Proposal - The City shall have the
right to waive any technicality or irregularity in
any proposal and to make the final award based
solely on what is determined to be in the City' s
best interest by the corporate authorities.
It is the intent of the City to award a contract
to the responsible Bidder who best meets the
specifications; provided, the proposal has been
submitted in accordance with the requirements of
(2)
the Request for Proposal document and judged by
the City to be reasonable. Bidders are encouraged
to point out and specify any technical features or
other benefits that will be provided above the
minimum requirements. Any proposal presented
after the specified time for opening will be
returned to the Bidder unopened.
8. Request for Proposal and Contract - This Request
for Proposal shall become part of the contract.
9. Equal Opportunity-Affirmative Action - The suc-
cessful Bidder shall comply in all respects with
the Equal Employment Opportunity Act. The Bidder
with 15 or more employees shall be required to
have an Affirmative Action Plan which declares
that the Bidder does not discriminate on the basis
of race, color, religion, sex, national origin or
age, and which specifies goals and target dates to
assure the implementation of equal employment.
The Bidder with fewer than 15 employees shall be
required to have a written Equal Opportunity
Policy Statement declaring that it does not
discriminate on the basis of race, color, reli-
gion, sex, national origin : or age. All Bidders
must fill out the Affirmative Action documents
attached. Findings of non-compliance with appli-
cable State and Federal equal opportunity laws and
regulations could be sufficient reason for revoca-
tion or cancellation of this contract.
III. EVALUATION CRITERIA
A. Award of Contract
The award of the contract, if it is awarded, will be to
the Bidder selected by the City whose proposal is
determined by the City to be in the best interest of
the City. Lowest monetary proposal is not necessarily
the sole determining factor. The contract shall be
awarded to the Bidder whose proposal most nearly
satisfies the overall specifications as well as other
factors. Such other factors include, but are not
limited to, the following:
1. Cost - The price of the contract for the residen-
tial collection of curbside recyclable materials
and recycling of such materials.
2. Experience of Company - Consideration will be
given to those Bidders who have performed similar
type work.
(3)
3 . Markets - Demonstration of availability of rela-
tively stable markets for materials collected
through letters of agreement or other communica-
tions with secondary material buyers.
4 . Re-Use of Recyclables - Demonstration of an
interest in expanding markets through procurement
of paper and other materials with a recycled
content.
5 . Features Exceeding Minimum Specifications - Any
features that the Bidder can provide the City that
exceed these specifications will be weighed as a
benefit towards the award of the contract. The
•
City -shall be the sole determinant if any feature
is of benefit and to what degree.
B. Reference Requirements
In order to allow the evaluation of past performance,
Bidders are requested to supply information requested
below:
1. Number of years in recycling industry: /0
2. List of municipal references who can attest to the
Bidders performance:
CK - 01�e
C R i 'c- whLjTf SKIP H Fie at . V i11Alre 0-4 00c .
Name Name e11 �� �'� Name
V(1 AUP OF 4AQ`riefr S`�IQPK x401
�1 1
Address Address Address
�tt5 So. m 004 11-taabIaroLA)
1113 A2°T(-a tt Z 1 I Sl.120 Py 401641, z 1. CAC CQ.JAJ Z.l 1
Address Address Address
(3 $ 31-c586o ( .a - G 1 $10 ) (3(0-4
Phone Number P. one Number Phone Number
C. Proposed Itemized Budget
In order to review the soundness of the submitted
proposals, it is requested that each Bidder provide an
itemized budget. The budget shall include projections
of tonnage to be collected, collection costs, process-
ing costs, recyclable revenue, vehicle depreciation,
and overhead.
(4)
IV. CURBSIDE COLLECTION AND RECYCLING REQUIREMENTS
A. General Description of Work
The City shall enter into an exclusive contract for the
residential curbside collection of recyclables for all
customers which presently place waste materials out to
be collected by City crews and the recycling of such
materials within the City of Elgin.
1. General - The Bidder shall propose to furnish
complete equipment,- labor, materials and supplies
to accomplish all work necessary to complete such
contract as may be entered into.
2. Examination of Conditions - Bidders are cautioned
to carefully examine conditions affecting the
collection, separation, transportation and other
variables which may affect collection of recycla-
ble materials within the City of Elgin. Bidders
are also encouraged to make all necessary investi-
gations as to acquaint themselves with the charac-
ter of collecting curbside recycling materials
within the City. The City of Elgin will not
advise Bidders as to any conditions referred to.
B. Curbside Collection Requirements
1. Service Area - The successful Bidder shall provide
residential curbside collection of recyclables to
all residents residing within the corporate limits
of the City of Elgin. Collection and recycling
shall be made for all customers within the City
which presently place waste materials at the
curbside to be collected by City garbage collec-
tion crews. It should be noted that the City has a
number of large subdivisions currently under
construction. Bidders will be responsible for the
collection of such residential areas upon being
notified by the City.
For purposes of this agreement, a Collection Stop
shall be any single family or multi-family unit
(dwelling place of five units or less) . The
breakdown for the approximate 16,948 Collection
Stops and 19,468 family dwelling units, by day, is
as follows:
(5)
BUILDING MON TUE WED THU FRI WEEK
Single 3209 2656 2474 3205 3573 = 15 ,117
Duplex 61 117 41 89 166 = 454
2 Units 99 287 413 83 104 = 992
3 Units 5 63 65 7 14 = 154
4 Units 32 40 35 34 46 = 187
5 Units 4 9 8 14 9 = 44
Collection
Stops 3410 3172 3036 3418 3912 16 ,948
Fam. Dwell.
Units 3700 3880 3757 3748 4383 19 ,468
Compensation to the successful Bidder shall be
adjusted semi-annually on the basis of increases
or decreases in the number of Stops in the City
during the preceding six months. Such computation
of changes in the number of Stops shall be made by
the Bidder and reported in writing to the City for
its review and approval, within thirty (30) days
following the close of each semi-annual period,
the changes in compensation to the Bidder to be
effective as of the first day of said new fiscal
year. It is the intention of the parties hereto
that the City shall not compensate the Bidder for
additional Stops until the :beginning of a new
semi-annual adjustment date, nor will the amount
of monthly compensation be diminished.
2. Frequency -of Collection - The successful Bidder
shall collect recyclable materials at the curbside
once a week and on the same day as waste is
collected from the curbside. A map showing
collection days has been attached for your infor-
mation.
3. Collection of Recyclable Materials - The success-
ful Bidder shall pick up and recycle the following
materials set out for collection:
a. Newspapers - Consisting of bagged, boxed or
securely twined newspaper.
b. Glass - Clear, green and brown colors.
c. Aluminum and tin cans.
d. Bidders can provide for collection of other
materials. The City reserves the right to
request additional recyclable items to be
collected upon mutual agreement with Bidder.
If Bidders plan to collect other materials
than the three listed above, please indicate
below.
(6)
•
•
4 . Collection Hours - Recycling collection service by
all vehicles will begin no earlier than 7: 00 A.M.
All collection for each scheduled day shall be
completed by 5: 00 P.M. Customers shall be asked
to set out recyclable materials by 7: 00 A.M. on
the scheduled day of collection.
5. Point of Collection - Collection shall be made at
the curbside, which is defined as within five feet
of the sidewalk, of the curb or edge of the
street, off of the pavement area.
6. Ownership of Recyclable Materials - All recyclable
materials placed for collection shall be owned by
and be the responsibility of the customer until
the materials are collected by the successful
Bidder. Once collected, the material then becomes
the property and responsibility of the successful
Bidder, who shall be responsible for transporting,
processing, and marketing all collected materials
for recycling. Any non-recyclable material
collected shall be disposed of by and at the
expense of the Bidder in accordance with state and
local laws, rules and regulations.
7. Containers - One container will be used by resi-
dents to place recyclable materials at the
curbside. The City will entertain proposals for a
single bin system with either the City or the
successful Bidder supplying the bins. The base
monthly recycling fee prices have been listed
"Without Bin" and "With Bin" . The City, at the
inception of this Agreement, shall notify the
successful Bidder in writing of the recycling
program it has selected.
a. Under the "Without Bin" plan the City shall
purchase and the successful Bidder shall
distribute, one recycling bin, the design of
which shall be mutually agreed upon by the
parties, to each single-family and multi-fami-
ly household (5 units or less) in the City.
The title to the recycling bins shall remain
with the City. The successful Bidder shall
have no responsibility for the replacement or
retrieval of any of the recycling bins unless
the need for replacement or retrieval is due
to the fault of Bidder. If this option is
selected, the City will immediately notify the
successful Bidder in writing and will take all
steps necessary to coordinate the purchase and
delivery of the bins to facilitate the Bidders
scheduled starting date for the recycling
program.
(7)
b. Under the "With Bin" plan the successful
Bidder shall supply and distribute containers.
It is anticipated the containers shall be a
sufficient amount to supply each curbside
collection account with a container.
c. The successful Bidder shall be responsible for
the initial distribution of containers to all
curbside collection accounts. The initial
distribution of containers shall be made at
the front door of curbside accounts. Included
with the containers shall be a copy of an
information sheet explaining the recycling
collection program. Copies of the informa-
tional sheet shall be provided by the success-
ful Bidder upon approval by the City prior to
container distribution.
d. The bin will be a twelve gallon plastic
container and will include the lettering
"Property of the City of Elgin, for more
information call 695-6500 X-276. " On the ends
of the bin will be the wording "We Recycle"
and the universal recycling logo. The pur-
chase will include replacement bins which will
be delivered by the successful Bidder on an
"as needed" basis to replace bins which are
lost, stolen or damaged during the life of the
program. If the bins are consumed during the
life of this contract, the City agrees to pay
for any additional replacement bins at the
contract price.
e. The City agrees that it will promptly replace
recycling bins at its expense, when notified
by a resident or the successful Bidder that a
recycling bin is damaged, unless the damage of
the recycling bin is the fault of the Bidder.
If the Bidder is at fault, upon notification
by the City, it will promptly replace the
damaged recycling bin at its expense. Nothing
contained herein shall limit the right of the
City to seek payment for damaged or lost bins
from the resident.
f. The successful Bidder shall leave at the point
of collection the containers used and any
protective covers used to keep material dry.
The Bidder shall be responsible for any damage
caused to such containers and protective
covers by the Bidder, except from weather or
normal wear and tear.
8. Missed Collection - The successful Bidder shall
establish and publicize a procedure for receiving
and responding to customer complaints of missed
collections. Complaints of missed collections
(8)
received by the Bidder or the City on the day
after the scheduled day for collection shall be
remedied by collecting the recyclable materials by
5:00 P.M. on the second day after the miss.
9 . Customer Information and Complaint Resolution -
The successful Bidder shall establish and maintain
a method for accepting and responding to customer
calls and complaints. Their staff shall be
knowledgeable and courteous in answering customer
information requests and resolving customer
complaints regarding the recycling collection
service. All calls must be recorded in a log
noting date, time, address , request or complaint
and method of resolution.. The log shall be made
available to the City upon request. The Bidder
shall meet with the City as often as the City
requests to review customer complaints and resolu-
tions.
10 . Clean Up on Route - The successful Bidder shall
pick up all material blown, littered and broken as
a result of handling by Bidder. Each vehicle
shall be equipped with at least one broom and one
shovel for use in cleaning up material.
11. Collections on Holidays - When the regularly
scheduled recycling collection day falls on New
Year' s Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day or Christmas Day, the
successful Bidder shall collect the materials on
the next day after the regular collection day.
Any changes to the holiday collection must be
approved in writing by the Public Works Director
45 days in advance.
12. Improperly Prepared Recyclable Materials - When
the successful Bidder encounters improperly
prepared material or non-recyclable items the
following procedure shall be followed:
a. The Bidder shall pick up all materials, except
items containing putrescible solid wastes,
improperly prepared or'non-recyclable materi-
als, and process them for recycling or dispose
of them properly. The Bidder shall complete a
notice approved by the City noting the prob-
lems and leave it with the customer. The
address and date shall be documented.
b. The Bidder shall supply the required documen-
tation to the City as requested.
(9)
13 . Date of Collection and Reporting - The successful
Bidder shall collect and report to the City the
following information computed on a monthly basis.
Such reporting shall be submitted to the City by
the 15th day of the following month.
a. Number of curbside collection customers
setting out materials.
b. Tonnage of each of the recyclable materials
sold for recycling. Copies of receipts
showing tonnage shall also be submitted.
c. Information concerning improper preparation of
• recyclable materials.
14. Equipment Requirements
a. Safety and Maintenance - All of the recycling
collection equipment must be maintained and
operated in compliance with all local and
state statutes, ordinances and regulations and
to assure the safety of the collection crew
and residents of the City. All collection
equipment shall be covered and secured to
prevent material blowing, leaking, or falling
out during transient.
• b. Identification - All collection equipment
shall be clearly identified by affixing the
following items permanently and conspicuously
to both sides of the equipment:
aa. Bidder' s name.
bb. Bidder's telephone number.
C. Processing Requirements
Processing of the collected recyclable materials will
be the responsibility of the Bidder awarded the exclu-
sive contract for curbside collection and recycling.
If a processing and/or storage facility for the recy-
cling materials is to be located within the corporate
limits of the City of Elgin, such processing and/or
storage facility shall comply with all local zoning
ordinances and other applicable local and state statute
ordinances and regulations with regards to such a
facility.
D. Promotion and Education
The succesful Bidder shall participate in promotional
and educational efforts as outlined below:
1. The successful Bidder, at its own expense, shall
notify all customers of their day of pickup in
advance of the start up of the service herein
(10)
described and of any changes in routes or pickup
days during the duration of the contract. The
notification shall include instructions on the
proper use of recyclable material storage and
disposal containers and such promotional materials
as necessary to establish and maintain maximum
participation by the customers.
2. Responsible for preparing and distributing such
promotional and educational material at the
request and direction of the .City.
3 . Training of employees to deal courteously with
customers on the telephone and on route to promote
the collection service and explain proper material
preparation.
4 . Distribution of notices of improperly prepared
materials which will be prepared by the Bidder
with approval of the City.
E. Certificate of Insurance
Bidder shall submit with the proposal a Certificate of
Insurance showing the following:
1. Workmen' s Compensation Insurance - Statutory
amount.
2. General Liability Insurance:
a. Personal injury with limits of not less than
$500,000/$1,000,000.
b. Property damage with limits of not less than
$500,000.
c. Bodily injury with limits not less than
$500 ,000/$1,000 ,000.
3. Auto Liability Insurance:
a . Bodily injury with limits not less than
$500,000/$1,000,000.
b. Property damage with limits not less than
$500,000.
4 . Umbrella excess of $5,000,000 each occurrence,
$5 ,000 ,000 aggregate.
F. Insurance Requirements
The successful Bidder shall include the City as an
additional named insured on both General and Auto
Liability Insurance policies. All insurance premiums
shall be paid on time and without cost to the City.
(11)
Prior to the Bidder entering upon the performance of
said contract, the Bidder shall furnish the City
Certificates of Insurance attesting to the respective
insurance coverage for the contract term.
G. Drop-off Containers - City
The successful Bidder may be required to provide up to
five (5) compartmentalized containers for permanent use
by the general public as drop-off centers at the
discretion of the City during the life of- the contract.
The Bidder shall work with the City to provide drop-off
containers for the specified recyclable materials as an
addition to the curbside collection program at no
additional cost to the City.
H. Drop-off Containers - Private
The successful Bidder may be required to consider the
placement of up to five (5) compartmentalized contain-
ers for permanent use by residents of PUD' s or apart-
ment complexes (under its jurisdiction) as drop-off
centers at the discretion of the City during the life
of the contract. The Bidder shall work with the City
to provide at no cost to the City, drop-off containers
for the recyclable materials specified at those build-
ing complexes where the Bidder has existing service
contracts with the property owner. The intent of
Paragraphs G & H is to provide an additional alterna-
tive recycling program for those areas not covered by
the curbside program specified.
I. Office Paper Program
The successful Bidder agrees to establish a program at
the direction of the City to collect and recycle mixed
office paper generated in all buildings owned or leased
by the City from sites to be agreed upon by the Bidder
and the City. Containers for storage of mixed paper
shall be provided at no charge by the Bidder. This
service may be performed under subcontract subject to
approval of the City. The Bidder will furnish a
regular scheduled weekly collection service from all
buildings leased or owned by the City. The Bidder
agrees to provide the service hereinabove described
(the collection and recycling of mixed office paper) at
no charge to the City.
V. FINANCIAL REQUIREMENTS
A. Term of Contract
The initial term of this Contract shall be for three
(3) years commencing on the first day of January, 1990,
(12)
' r
and shall remain in full force and effect through the
31st day of December, 1992 , unless terminated at an
earlier date by either party by notification to the
other party 120 days prior to the date of termination
in writing by registered mail. At the expiration of the
initial 3 year term, and for two (2) annual renewal
terms thereafter, this Contract shall be considered to
be automatically renewed unless either party shall
notify the other party in writing by registered mail,
not less than 120 days prior to the expiration of the
current term, that the notifying party does not wish to
renew for an additional term. The successful Bidder
shall have sole and exclusive franchise, license, and
privilege to provide for the collection and disposition
of recyclable material from residential units as herein
defined.
Commencing not less than 90 days prior to the commence-
ment of the fourth and fifth years of this Contract,
the parties shall engage in good faith negotiations to
develop a monthly charge attributable to the forthcom-
ing year in question. Among the factors to be consid-
ered shall be increased or decreased costs incurred by
the successful Bidder, any increases in Bidder's
productivity and prices paid in comparable communities.
In the event that the parties are unable to agree upon
a suitable price, either party may terminate this
agreement by a written notice to the other party.
• Unless the contract is further amended by mutual
agreement of the parties, it shall continue into the
fourth and fifth years under the same terms with the
exception of the new monthly charges negotiated to take
effect during such subsequent years.
B. First Year Contract Price:
1. Price for Recycling Program Only (without Garbage
Collection) "Without Bin" :
1-Bin System (Bin supplied by City)
Price per stop/month $ a.,
2. Price for Recycling Program Only (without Garbage
Collection) "With Bin":
1-Bin System (Bin supplied by Bidder)
Price per stop/month $ a . IS
3. Replacement Bins
Price Each $ £ 50
(13)
• 4 . Price for Recycling Program Only (if Garbage is
also collected) "Without Bin" :
1-Bin System (Bin supplied by City)
Price per -stop/month $ 1 . 17
5 . Price for Recycling Program Only (if Garbage is
also collected) "With Bin" :
1-Bin System (Bin supplied by Bidder)
Price per stop/month $ Loll
C. Second Year Contract Price:
1. Price for : Recycling Program Only (without Garbage
Collection) "Without Bin" :
1-Bin System (Bin supplied by City)
Price per stop/month $ a.36
2. Price for Recycling Program Only (without Garbage
Collection) "With Bin" :
1-Bin System (Bin supplied by Bidder)
Price per stop/month $ D-O S
3. Replacement Bins
Price Each $ .00
4. Price for Recycling Program Only (if Garbage is
also collected) "Without Bin":
1-Bin System (Bin supplied by City)
Price per stop/month $ 1 •GS
5. Price for Recycling Program Only (if Garbage is •
also collected) "With Bin" :
1-Bin System (Bin supplied by Bidder)
Price per stop/month $ 1 .33
D. Third Year Contract Price:
1. Price for Recycling Program Only (without Garbage
Collection) "Without Bin" :
1-Bin System (Bin supplied by City)
Price per stop/month $
2. Price for Recycling Program Only (without Garbage
Collection) "With Bin" :
1-Bin System (Bin supplied by Bidder)
Price per stop/month $ .
(14)
3 . Replacement Bins
Price Each $ (o. 550
4 . Price for Recycling Program Only (if Garbage .is
also collected) "Without Bin" :
1-Bin System (Bin supplied by City)
Price per stop/month $ 1. 35
5 . Price for Recycling Program Only (if Garbage is
also collected) "With Bin" :
1-Bin System (Bin supplied by Bidder)
Price per stop/month $ 1,4e)
E. Payment Provisions
The City will pay this contract on a monthly basis.
The awarded bid price, multiplied by the number of
Stops, will be paid by the 15th day following the
receipt of invoice.
F. Collection of Revenues
All revenues collected from the :sale of the recyclable
materials, less processing costs shall be paid to the
City on a monthly basis. The successful Bidder also
shall provide a detailed accounting which includes the
amount of recyclable materials, an itemization of the
processing costs, and the proceeds of the sale of
recyclable materials. The City reserves the right to
identify and choose reasonable alternate competitive
markets for the processing of recyclable materials.
All net revenues collected shall be deposited in the
City' s General Fund for use by the City.
VI. RESPONSIBILITIES
A. City Property
The Bidder assumes full responsibility for and shall
indemnify the City for any and all loss or damage of
whatsoever kind and nature to any and all City proper-
ty, including any equipment, supplies, accessories or
parts furnished, while in his custody and care for
storage, repairs or services to be performed under the
terms of this contract resulting in whole or in part
from the negligent acts or omissions of Bidder, and
subcontractor, or any employee, agent or representative
of Bidder or subcontractor.
(15)
B. Hold Harmless and Indemnification Agreement
The Bidder shall save and hold harmless and indemnify
the City against any and all liability, claims and
attorneys fees and cost of whatsoever kind and nature
for injury to or death of any person or persons and for
loss or damage to any property occurring in connection
with or in any way incident to or arising out of the
occupancy, use, service operation or performance of
work under the terms of this contract, resulting in
whole or in part from the negligent acts or omissions
of Bidder, the subcontractor, or any employee, agent or
representative of Bidder or subcontractor.
C. Damage to City Property From Causes Other Than Bidder's
Negligence
Nothing in the above paragraphs shall be considered to
preclude the City from receiving the benefits of any
insurance the Bidder may carry which provides for
indemnification for any loss or destruction of, or
damage to property in the custody and care of the
Bidder where such loss, destruction or damage is to
City property. The Bidder shall do nothing to preju-
dice the City' s right to recover against third parties
for any loss, destruction of, or damage to City' s
property, and upon the request of the City shall, at
the City's expense, furnish to the City all reasonable
assistance and cooperation (including assistance in the
prosecution of suit and the execution of instruments of
assignment in favor of the City in obtaining recovery) .
D. Laws and Ordinances
The Bidder shall comply with all laws, ordinances and
regulations (Federal, State, County, City or otherwise)
covering work of this character and shall include all
cost, if any, of such compliance in the prices quoted
in this offer.
(16)
E. SPECIAL CCINDITICNS
Prevailing Wage -Rate: All work under this contract shall
comply with the Prevailing Wage Rate Act of the State of
Illinois, Illinois Revised Statutes, 1983, Chapter 48,
Section s39s-1, et. seq. A copy of the Prevailing Wage Rate
is posted in the City of Elgin Purchasing Office.
AFFIRMATIVE ACTION: Pursuant to the attached "Affirmative Action-
City Contracts" provisions the following information is required:
A. Number of Employees 49 y .
B. If your bid is more than $10,000 and your number of employees
is 15 or more, the following should be submitted with your bid:
1. Completion of the attached Bidder's Employee Utilization
Form.
2. A written statement of your Company's commitment to provide
equal employment opportunity or a copy of your Company's
current "Affirmative Action Program".
The under signed hereby agrees to furnish the above supplies and/or services at the prices and terms stated
subject to all instructions, conditions, specifications, and all attachments hereto. The undersigned certifies
that the bidder is not barred from bidding on this solicitation as a result of a
conviction for the violation of state law prohibiting bid-rigging or bid-rotating.
COMPANY E r.J RLt+J'Q . t I S FA L Signature •
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(17)