City of Berwyn Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection

Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 1 SECTION I REQUEST FOR PROPOSAL NOTICE TO PROPOSERS: Sealed proposals will be received at the Office of the City Clerk, until the time and date specified below for: City of Berwyn Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection RFP packets are available at the City Clerk’s Office, City Hall, 6700 W. 26th Street, Berwyn, IL 60402 and at the City of Berwyn website: www.berwyn-il.gov ADDRESS PROPOSALS TO: Attention of the City Clerk’s Office, City Hall, 6700 W. 26th Street, Berwyn, IL 60402, on or before 10:00 a.m., on July 24, 2023. Proposals shall be sealed and clearly marked on the front “Proposal for Municipal Trash Collection.” FAXED PROPOSALS WILL NOT BE ACCEPTED. PROPOSALS ARE DUE NO LATER THAN: 10:00 a.m. on July 24, 2023. Proposers shall submit

two (2) copies of their proposal and one electronic pdf. Bids will be opened and read aloud at 10:30 a.m. on July 24, 2023 in Council Chambers on the second floor of City Hall. The City of Berwyn is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City of Berwyn, or any other means of delivery employed by the bidder. Similarly, the City of Berwyn is not responsible for, and will not open, any bid responses which are received later than the date and time stated. MANDATORY PRE-BID MEETING: All interested bidders must attend a pre-bid meeting on Thursday, July 13, 2023 at 10 A.M. The meeting will take place at Berwyn City Hall, 2nd Floor Council Chambers, 6700 W. 26th Street, Berwyn, IL. QUESTIONS: All questions and clarifications regarding this Request for Proposal must be submitted no later than 5 p.m. July 20, 2023 by e-mailing the following City Representative: Ruth Siaba Green City Administrator rsiabagreen@ci.berwyn.il.us (708) 749-6433 INDEX: Section I Request for Proposals Section II Specific Conditions and Instructions to this Proposal Section III General Conditions and Instructions to Proposers Section IV Company References Section V Company Information & Signature Sheet Section VI Company Proposal mailto:clazzara@ci.berwyn.il.us Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 2 SECTION II SPECIFIC CONDITIONS AND INSTRUCTIONS FOR THIS PROPOSAL A. SCOPE AND BACKGROUND: The City of Berwyn (“City”) is soliciting proposals from qualified Contractors for a five year contract to perform the collection of Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics and other collection services (“Services”) pursuant to this Request for Proposals. B. PROPOSAL REQUIREMENTS: 1. If any bidder is in doubt as to the intent or meaning of any part of this Request for Proposal, the bidder must e-mail Ruth Siaba Green – City Administrator (e: rsiabagreen@ci.berwyn.il.us) no later than July 20, 2023 at 5:00 pm. 2. Bidders are expected to be informed as to the conditions, requirements and specifications before submitting a proposal. The submission of a proposal by a firm implies the firm’s acceptance of the terms and conditions herein, unless otherwise stated. 3. The Proposer is responsible for all costs related to the preparation of this proposal. 4. The format of the firm’s proposal must be consistent with the format of the specifications listed. 5. Proposed pricing shall be firm from the beginning date of the signed contract. 6. The City as an Illinois municipality pays neither Illinois Sales Tax nor Federal Excise Tax. Proposers should exclude these taxes from their prices. 7. All prices shall include all charges that may be imposed in fulfilling the terms and conditions of the contract. 8. All proposals/bids must be accompanied by a bid bond or certified check made payable to the City of Berwyn in the amount of ten thousand dollars ($10,000) as a guarantee that if the Proposal is accepted, a contract will be entered into and the performance of the contract is properly secured. Bid bonds or checks will be returned once the selected contract has entered into an agreement for this work and provide the contract bond in an amount noted below. 9. The successful Contractor shall, within ten (10) calendar days after award of the proposal, furnish a contract bond in the amount of one million dollars and no/100 ($1,000,000). The bond shall ensure faithful performance of the work, and the payment for materials, labor and of the subcontractors. The bond shall be with a surety of sureties with a rating of “A” or better by A.M. Best and Company and such sureties shall be approved by the City. Bonds in the form of certified or cashier’s check shall be made payable to the City of Berwyn, Illinois. The contract bond shall be furnished in the same number of copies as the number of copies of the agreement to be executed. 10. The City of Berwyn is in no way restricted from using the services of another firm if the services offered in the RFP are found unsatisfactory and do not meet the standards in Exhibit A. mailto:rsiabagreen@ci.berwyn.il.us Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 3 11. Your proposal must be summarized in letter form on the Contractor’s letterhead stationery. The letter must be signed by an officer of the Contractor or a designated agent empowered to bind the firm in the contract offer. Acceptance or exception to our terms must be noted in the letter. 12. A complete description and specifications of the services as required are in Exhibit A. 13. References from the last three municipalities or agencies that have utilized services from your company. The municipality’s name and address, a contact name, title and phone number must be included with the reference information (Section IV). 14. A completed and signed Company Information & Signature Sheet (Section V). NOTE: Proposers need to submit the required information listed in the Request for Proposal. The City of Berwyn reserves the right to reject proposals that the City of Berwyn considers incomplete due to the omission of the required information. C. PROPOSAL OUTLINE: Contractors are requested to cover the basic services related to municipal trash, recycling, landscape waste, food scrap/yard waste and household hazardous waste and electronics collection as described in Exhibit A in their proposal. The City reserves the right during the term of applicable agreement to request additional services in addition to those specified in the Proposal Form attached hereto with payment for those additional services to be mutually agreed upon between the City and the selected Contractor. Proposals shall include the following information: 1. A brief description of the Contractor’s capabilities, strengths and relevant experience for delivering solid waste collection services similar in character to the City’s program. 2. List other contracts awarded to the Contractor most comparable to the work described in the scope of services. Please provide a contact name, address, telephone number, and email address. 3. A detailed overview of how the Contractor will provide the requested services. Any objections to the terms of the Agreement or the scope of services being requested in the Request for Proposal, along with an explanation of deviations. 4. Provide an overview of how the Contractor will effectively transition from the City’s existing Contractor service to the Contractor’s service. (i.e., the timing needed prior to the new service, cart change out, documentation of the cart inventory, etc.) 5. Provide an overview of how the Contractor will meet the City’s customer service expectations (i.e. missed pickups, damage/missing carts, change in service type, etc.). 6. As noted in Exhibit C Processing of Recyclable Material, the Contractor will be required to provide the City evidence that all recyclable materials have been processed domestically (within the United States) and provide annual updates on the marketing of those materials. The proposal should include an overview of how the Contractor will meet this requirement. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 4 7. Provide an overview of the equipment to be used in providing the services as referenced in Exhibit A of this Request for Proposals (“Vehicles and Equipment”). 8. Completion of all forms as required in this Request for Proposals. 9. If the bidder does not have any of the required services, please clearly indicate within their proposal which services they do not offer. 10. Acknowledgement of receipt of any addenda to the Request for Proposals. 11. Provide two (2) hard copies of the Contractor’s proposal and one electronic pdf. The City reserves the right to reject any or all proposals received. The successful Contractor must demonstrate that it possesses the skills, judgment, experience, equipment, availability of appropriate manpower, and track record of providing excellent service. The City may appoint an internal review committee to select an appropriate Contractor to perform the services set forth herein. The City reserves the right to interview and negotiate with any and all Contractors who submit a proposal. In the event of an addenda being issued, it will be posted on the City’s website. It is the Contractor’s responsibility to ensure a response to any addenda is included in the submitted proposal. D. RESPONSIBLE BIDDER REQUIREMENTS: All proposals must be submitted with the following information and supporting documentation in order for the bid to be accepted: (a) A copy of a print-out of the Illinois Secretary of State’s Department of Business Services online records evidencing that the bidder has a current corporate annual report on file. If the bidder is an individual, sole proprietor, or partnership, this subsection shall not apply. (b) Documents evidencing current registration with the Illinois Department of Revenue if bidder has employees (e.g. document with account number, Illinois Business Tax number). (c) Documents evidencing current registration with the Illinois Department of Employment Security if bidder has employees (e.g. document with UI account number). (d) Disclosure of any federal, state or local tax liens or tax delinquencies against the Contractor or any officers of the Contractor in the last five (5) years. (e) A statement that all employees are (i) covered under a current workers’ compensation insurance policy and (ii) properly classified under such policy. If the bidder is insured with a carrier, the evidence of workers’ compensation insurance shall be a copy of the “Information Page” of the bidder’s workers’ compensation policy and any continuation of that Information Page which include the name and address of the insured, as well as the class codes the compensation premium is based on and the total estimated remuneration per class code. (f) A copy of the written program for the prevention of substance abuse to be filed with a public body pursuant to the Substance Abuse Prevention on Public Works Projects Act (820 ILCS 265/1 et seq.). (g) Any determinations by a court or governmental agency for violations of federal, state, or local laws, including but not limited to serious, willful or repeated violations of the Occupational Safety and Health Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 5 Act (OSHA), violations of contracting or antitrust laws, tax or licensing laws, environmental laws, the National Labor Relations Act (NLRA), or the federal Davis-Bacon and Related Acts. Any material changes to the Contractor’s status, at any time, must be reported in writing to the City of Berwyn within fourteen (14) days of its occurrence. Failure to comply with this requirement is grounds for the Contractor to be deemed a non-responsible bidder. NOTE: Proposers need to submit the required information listed in the ‘Responsible Bidder Requirements’. The City of Berwyn reserves the right to reject proposals that the City of Berwyn considers incomplete due to the omission of the required information. E. GENERAL REQUIREMENTS: 1. Professional services shall meet or exceed existing industry standards. The Contractor shall perform all services in a neat, orderly and efficient manner, and the contractor shall use due care and diligence in the performance of the services. 2. The Contractor shall furnish courteous and capable personnel to perform the services set forth in this Request for Proposals. The Contractor shall prohibit any drinking of alcoholic beverage or the use of any controlled substance, except by doctor’s prescription, by its drivers and crew members while on duty or in the course of performing their duties. Any of the Contractor’s employees who use a prescription drug must comply with applicable Illinois Department of Transportation requirements and any other applicable laws. 3. If the service referred to in Attachment A is found to be faulty in any way, the firm, upon notification and at their expense, shall rectify and redo what was not done, or done incorrectly (within twenty-four (24) hours) to the complete satisfaction of the City of Berwyn. 4. The Contractor shall promptly and courteously resolve all complaints of refuse container damage within five (5) days after having been notified of a damaged refuse container. A daily electronic communication shall be submitted to the Contractor by the City indicating the type of refuse container that is damaged, and the nature of the damage. 5. In the event that any of the Contractor’s personnel is deemed by the City to be unfit or unsuitable to perform the services required by this Request for Proposals for reasons including, but not limited to reasonable suspicion of intoxication or drug use, incompetence, improper attire, or by the virtue of abusive or obnoxious behavior, the Contractor shall immediately remove such person form work within the City and replace that person with a suitable and competent person at no expense to the City. 6. Failure of the Contractor to provide services within the time specified, unless extended in writing by the City of Berwyn, or failure to redo services that were done incorrectly or not done at all when so directed by the City of Berwyn shall constitute delivery failure. When such failure occurs, the City of Berwyn reserves the right to cancel or adjust the contract; whichever is in the best interest of the City of Berwyn. In either event, the City of Berwyn may purchase in the open market services of comparable worth to replace the services not done correctly or not done at all. On all such purchases, the Contractor shall reimburse the City of Berwyn, within reasonable time specified by the City of Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 6 Berwyn for any expense incurred; if not cancelled, such purchases shall be deducted from the contract quantities. The City of Berwyn reserves the right to not accept services which do not meet the specifications, or are substandard in quality, subject to a reduction in price to be determined by the City of Berwyn. F. CONTRACT AWARD: 1. The Contractor’s proposal must be complete to be considered for award. 2. The City of Berwyn reserves the right to qualify, accept or reject any or all Contractors and accept any proposal deemed to be in the best interest of the City of Berwyn. The City of Berwyn reserves the right to accept or reject any or all proposals and to waive irregularities or technicalities in any proposal when in the best interest of the City of Berwyn. The City of Berwyn reserves the right to accept or reject any exception taken by the Contractor to the terms and conditions of the request for proposals. 3. Consideration may be given to, but not limited to services available, hours of services available, references, and special pricing. The City of Berwyn reserves the right not to accept the lowest bidder. 4. Award, if made, shall be in the form of a five year Contract commencing January 1, 2024, and expiring December 31, 2028 at 11:59 p.m. unless earlier terminated in accordance with this agreement attached hereto. The selected Contractor shall enter into an agreement in substantially the form attached hereto. 5. All prescriptions of the RFP shall be understood as a form of a signed contract. 6. The selected Contractor shall be responsible for becoming a licensed contractor in the City. 7. The City and the selected Contractor shall have the option to extend the attached agreement for a period of one to three years by mutual agreement memorialized in writing at least 90 days prior to its expiration on December 31, 2028. Any extension hereunder shall rigidly adhere to the agreement, as it exists on the date of the notice to extend, including but not limited to, the annual cost adjustment formula herein. 8. If the City renews the agreement for an additional one to three-year term, the selected Contractor shall provide the City with a renewed certification indicating that it continues to be eligible to contract with units of local government. If the selected Contractor is not able to certify that it continues to meet all requirement, it shall provide a detailed explanation of the circumstances leading to the change in certification status. 9. In the event any action is brought to enforce any agreement entered into by the City, or to collect any unpaid amount form the City, each party bears the responsibility of paying its own attorneys’ fees and costs. G. EVALUATION PROCESS: Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 7 Each proposal submitted stands alone and will be evaluated on its own merits in terms of meeting the City of Berwyn’s requirements and terms and conditions, pricing, and overall responsiveness to the Request for Proposal. City of Berwyn representatives may conduct discussions with any respondent who submits an acceptable or potentially acceptable proposal. Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Prior to the bid opening, the evaluation committee shall not disclose any information derived from one proposal to any other respondent. City of Berwyn representatives reserve the right to request the respondent to provide additional information during this process. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 8 SECTION III GENERAL CONDITIONS AND INSTRUCTIONS TO PROPOSERS The general rules and conditions that follow apply to all proposals issued by the City of Berwyn, unless otherwise specified. Proposers or their authorized agents are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals; failure to do so shall be at the Proposer’s own risk. REQUEST FOR PROPOSAL (RFP) is defined as a request for an offer, by one party to another, of terms and conditions with reference to some work or undertaking. This document constitutes a REQUEST FOR PROPOSAL, and is thus a solicitation for responses. Moreover, any acceptance of a proposal shall NOT result in a binding contract between the City of Berwyn and the Proposer, but instead will simply enable negotiations to take place which may eventually result in a detailed and refined agreement, contract, or purchase order between the Proposer and the City of Berwyn. “Proposal date” as referenced herein shall mean the local date and time specified in the proposal documents. A. CONDITIONS FOR PROPOSING 1. COMPLETENESS/AUTHORIZATION OF PROPOSAL. Proposer shall supply all information and submittals required by the proposal documents to constitute a proposal. The proposal shall clearly state the legal name, address, email, telephone number, and fax number of the Proposer. The proposal shall be signed above the typed or printed name and title of the signer. The signer shall have the legal authority to bind the proposer to proposal. 2. ADDRESSING OF PROPOSAL. Unless otherwise specified, faxed proposals will not be accepted. Proposal shall be submitted in a sealed envelope clearly marked on the front with proposal name and due date, and unless otherwise specified, addressed to: City Clerk’s Office City of Berwyn 6700 W. 26th Street Berwyn, IL 60402 3. PROPOSAL DEADLINE. Proposer shall be responsible for taking whatever measures are necessary to ensure that the proposal reaches the office of the City Clerk on or before the local time and date specified. The City of Berwyn shall not be responsible for, and may not consider, any late proposal, amendment thereto, and request for withdrawal of proposal received after the date specified. Proposals received after the time and dated specified on the Request for Proposal will not be opened and will not be considered for award. 4. PROPOSALS BINDING 60 DAYS. Unless otherwise specified, all formal proposals submitted shall be binding for sixty (60) days following proposal date, unless the Proposer, at the City of Berwyn’s request agrees in writing to an extension. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 9 5. COMPETENCY OF PROPOSER. No proposal may be accepted from or contract awarded to any person, firm or corporation who is in arrears or in default to the City of Berwyn, State of Illinois, or the Federal Government upon any debt or contract. Prior failure of a Proposer to perform faithfully on any previous contract or work for the City of Berwyn may be grounds for rejection. The Proposer must have not been suspended or debarred from doing business with the state and/or federal government. The Proposer, if requested, shall present evidence of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these proposal documents. Such evidence shall be presented within a specified time and to the satisfaction of the City of Berwyn. The Proposer shall also disclose any past, current or pending lawsuits going back to 2013. 6. COLLUSIVE PROPOSING. The Proposer certifies that the proposal is made without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same project, without prior knowledge of competitive prices, and that the proposal is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. A. INSURANCE 1. INSURANCE REQUIREMENTS. The successful Proposer shall provide insurance as follows: a. Certificate of Insurance; Cancellation or Modification (1) Before commencing work, the Proposer shall submit to the City of Berwyn for approval a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. The City must be listed on the Certificate of Insurance as an additional insured. (2) The Proposer shall notify the City of Berwyn in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies and the City reserves the right to terminate the contract. (3) Cancellation or modification of said policy or policies shall be considered just cause for the City of Berwyn to immediately cancel the contract and/or halt work on the contract, and to withhold payment for any work performance on the contract. b. Minimum Coverage (1) Any policy or policies of insurance purchased by the Proposer to satisfy their responsibilities under the proposal shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage A. Commercial General Liability: i. Coverage to include Broad Form Property Damage, Contractual and Personal Injury. ii. Limits: Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 10 General Aggregate $2,000,000.00 Each Occurrence $1,000,000.00 Personal Injury $1,000,000.00 iii. Coverage for all claims arising out of the Contractor’s operations or premises and anyone directly or indirectly employed by the Contractor. B. Workers’ Compensation: i. Workers’ compensation insurance shall be provided in accordance with the provisions of the laws of the State of Illinois, including occupational disease provisions, for all employees who perform the Work pursuant to this Contract, and if work is subcontracted pursuant to the provisions of this Contract, Contractor shall require each subcontractor similarly to provide workers’ compensation insurance. In case employees engaged in hazardous work under this contract are not protected under the Workers’ Compensation Act, Contractor shall provide, and shall cause each subcontractor to provide, adequate and suitable insurance for the protection of employees not otherwise provided. C. Comprehensive Automobile Liability i.Comprehensive Automobile Liability coverage shall include all owned, hired, non-owned vehicles, and/or trailers and other equipment required to be licensed, covering personal injury, bodily injury and property damage. ii. Limits: Combined Single Limit $2,000,000.00 D. Umbrella: i. Limits: Each Occurrence/Aggregate $5,000,000.00 The City of Berwyn requires that the Contractor’s Insurance carrier be A rated or better by A.M. Best. c. Hold Harmless: Endorsement Required (1) The Proposer, including their subcontractor, employees, representatives or agents, shall indemnify, defend and hold harmless the City of Berwyn and its officers, employees, and agents from any and all liability loss, cost, damage and expense (including reasonable attorney’s fees and court cost) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury including death, or property damage rising out of or resulting from the Proposer’s operations under this document. (2) Proposer is not, and shall not, be deemed to be an agent or employee of the City of Berwyn. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 11 (3) Responsibility for Damage Claims – Notwithstanding the above, it is specifically agreed between the parties executing this contract that it is not intended by any of the provisions of any part of the contract documents to create in the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract. It is understood that no subcontractor is a third party beneficiary to any contract between the Contracting Authority and prime contractor. Nothing in any special provision or any supplemental specification shall be construed as eliminating or superseding the requirements of this section. E. SPECIFICATIONS 1. FORMAL SPECIFICATIONS. The Proposer shall abide by and comply with the true intent of the specifications (i.e., not take advantage of any unintentional error or omission). Any mention made herein of a service to be provided in accordance with laws, ordinances, etc., shall be construed as the minimum requirements of the specifications. 2. PROPOSED ALTERNATE. All items are to be identified in the bid document by a manufacturer’s name, make, model, size and other relevant identifiers. It is understood that the bidder proposes to furnish the commodity and/or service so identified by the City of Berwyn unless the bidder specifically proposes an alternate. In bidding on a proposed alternate, the bidder shall clearly state on his/her bid exactly what he/she proposes to furnish, and forward with his/her bid, a complete description of the proposed alternate, including brand, model number, drawings, performance, and test date, references and any other information necessary for a complete evaluation. Bidder shall include a statement setting forth any changes in other materials, equipment or other work which would be required by incorporation of the proposed alternate. The burden of proof of the merit of the proposed alternate is upon the Proposer. The City of Berwyn’s decision to approve or disapprove of a proposed alternate shall be final. 3. QUALIFICATIONS, CREDENTIALS AND REFERENCES. The Proposer shall provide a description of qualification, credentials, experience, and resources as they relate to provision of the proposal. The Proposer shall also provide a list of clients for whom similar work has been performed within the last two years, including the firm, contact person, address, and phone number of each contract person. 4. ADDENDUM TO SPECIFICATIONS. Any substantive interpretation, correction or change of the proposal documents shall be made within an addendum. Interpretation, corrections or changes of the proposal documents made in any other manner shall not be binding. Such interpretations, corrections or changes shall not be relied upon by Proposer. Addendums shall be issued by the City of Berwyn within a reasonable time prior to the proposal date. F. SELECTION OF FIRM 1. REJECTION OF PROPOSALS. The City of Berwyn reserves the right to accept or reject any or all proposals, to waive irregularities and technicalities, and/or to request re-submission. The City of Berwyn also reserves the right to reject a proposal from a Proposer who investigation shows is not in a position to satisfactorily and timely perform the contract. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 12 2. SELECTION. The City of Berwyn desires to enter into negotiations and ultimately reach an agreement with a Proposer who demonstrates the best combination of attributes to conduct the project, and who also negotiates a project cost with the City of Berwyn that is fair and reasonable. The City of Berwyn may conduct discussions with any Proposer who has submitted a proposal to determine qualifications, for further consideration. Since the initial review by the City of Berwyn will be deemed preliminary in nature, the document and process will be deemed confidential until such time as the successful Proposer is selected subject to state law. Criteria for selection will include but not be limited to:  Ability to provide the type and quality of service that best meets the needs of the City of Berwyn.  Organization, size, management and structure of the firm to provide service.  Experience and qualifications of the persons with supervisory and management assignments, especially relating to similar work assignments.  Satisfactory reference checks of clients on similar projects.  Previous and existing compliance with laws and ordinances relating to contracts with the City and to the Proposer’s employment practices.  Whether the Proposer is in arrears, in debt on a contract or is a defaulter on a surety or other agreement with the City, State or Federal Government.  If a reasonable doubt arises as to Proposer’s solvency, the City reserves the right to require financial information sufficient to show solvency.  Cost estimate; the City is not required to accept the proposal with the lowest cost estimate. Once the City has reached an agreement with the Proposer, a contract will be issued to the awardee. The contract will define the conditions between the City of Berwyn and the contractor selected to receive the award. 3. CORRECTIONS TO SUBMITTED PROPOSALS. Any changes that are made to this proposal using correction fluid, writing utensils, etc. before submission must be dated and initialed in each area that a change is made. 4. PRICING REQUIREMENTS. All pricing submitted by the bidder shall be indicated in both words and figures. (Ex. $400.00, four hundred dollars.) 5. PRESENTATIONS. When required and based on evaluation of proposals submitted, the City of Berwyn may select finalists who will be required to participate in interviews, including key personnel designated for the proposal, and to make presentations regarding their qualifications and their ability to furnish the required product to best serve the needs of the City of Berwyn. Formal presentations will be scored and evaluated by the City Administrator and staff who will make a recommendation to the City Council for final approval. Nothing in the proposal can obligate the City of Berwyn to enter into a contract. 6. LOCAL PURCHASES. Unless otherwise specified, cost and other considerations being equal, local firms shall be given first consideration for the project. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 13 7. ERRORS IN PROPOSAL. Any ambiguity in any proposal as a result of omission, error, lack of clarity or non-compliance by the Proposer with specifications, instructions and conditions shall be construed in the light most favorable to the City of Berwyn. Changes in proposals shall be initialed and dated. G. GENERAL CONTRACT PROVISIONS 1. CONTRACT AWARD. Upon the City of Berwyn’s selection, between the City of Berwyn and Proposer on the work to be performed, a written award in the form of a purchase order, contract or other instrument shall result in a binding contract without further action by either party. The contract shall be on forms provided by the City of Berwyn; or if the Proposer’s contract document is used, the City of Berwyn reserves the right to modify and document to conform to the request for proposal and to do so in the light most favorable to the City of Berwyn. 2. INSURANCE. Current Certificate of Insurance in the amounts specified shall be on file with the City of Berwyn before work can commence. 3. AVAILABILITY OF FUNDS. A contract shall be deemed valid only to the extent for appropriations available to each project. The City of Berwyn’s extended obligation on these contracts, which envision extended funding through successive fiscal periods, shall be contingent upon actual appropriation for the following fiscal year. 4. CONTRACT ALTERATIONS. No alterations or variations in the terms of a contract shall be valid or binding upon the City of Berwyn unless authorized in writing by both parties. 5. SUBLETTING OF CONTRACT. Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract or their right, title or interest therein, or their power to execute such contract to any other person, firm or corporation without the prior written consent of the City of Berwyn, but in no case shall such consent relieve the Proposer from their obligations, or change the terms of the contract. 6. CONTRACT PERIOD. Contract shall remain in force for the full specified period and accepted by the City proposal until all services have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall be met, unless: a. Extended upon written authorization of the City of Berwyn and accepted by Contractor, for a period negotiated and agreed upon by both parties, when in the best interest of the City of Berwyn. b. Terminated due to default, as described below, or for no reason at all, as long as the City of Berwyn gives a written 30 day notice. 7. DEFAULT. The Contract may be cancelled or annulled by the City of Berwyn in whole or in part by written notice of default to the Proposer upon non-performance, violation of contract Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 14 terms, delivery failure, bankruptcy or insolvency, or the making of an assignment for the benefit of creditors. The City reserves the right to grant Contractor a specified cure period of during which to cure or remedy the default, which cure period shall be included in the written notice to default. If default is not cured within the specified time, City of Berwyn reserves the right, but is not obligated to, extend the cure period or City Berwyn may deem the contract terminated without further notice. Lack of knowledge by the Contractor will in no way be cause for relief from responsibility. 8. INDEMNITY. The Proposer shall indemnify, defend and hold harmless the City of Berwyn and its officers, employees and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney’s fee and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury including death, or property damage rising out of or resulting from Proposer’s operations under this Contract, whether such operations be by the Contractor or by any Subcontractor or by anyone directly or indirectly employed by either. Proposer is not and shall not be deemed to be, an agent or employee of the City of Berwyn, but shall be deemed an Independent Contractor. Proposer further agrees to: a. Hold the City of Berwyn, its agents and employees harmless from liability of any nature or kind for the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance of which the Proposer is not the patentee, assignee, licensee or owner, furnished or used in the performance of the contract. b. Obtain all permits and licenses required by the City of Berwyn, county, state and federal governments and pay all related fees. The Proposer shall also comply with all laws, ordinances, rules and regulations of the City of Berwyn, State of Illinois and the Federal Government including the Prevailing Wage Act. 9. CERCLA INDEMNIFICATION. a. In the event the selected Contractor delivers household hazardous waste collected pursuant to Exhibit D or Municipal Trash to a disposal other than a facility designated by the City, then the selected Contractor shall indemnify, defend, and hold harmless the City, its officers, employees, agents and attorneys form 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 from time to time, and all other similar environmental federal, state or local statutes, regulations or ordinances that apply for any release or threatened release of the Municipal Trash or household hazardous waste. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 15 b. Notwithstanding the foregoing, the selected Contractor’s indemnification obligations under the above section shall not apply if the selected Contractor delivers Municipal to the transfer station agreed upon with the City or to another Disposal Site designated by the City. 10. DAMAGE TO PROPERTY a. The selected Contractor shall take all reasonably necessary precautions to protect public and private property during the performance of the Agreement. b. The selected Contractor shall promptly repair or replace any private or public property, including, but not limited to sod, mailboxes, garages, which are damaged by the selected contractor’s negligence, at no charge to the property owner; provided, however, that the selected contractor will not be responsible for damage to the City’s driving surfaces resulting from the weight of the selected contractor’s vehicles or equipment, unless the damages are the result of the selected contractor’s negligence or of the selected contractor’s vehicles exceeding the legal road weights. c. If the selected contractor fails to repair or replace property damaged by the selected Contractor’s negligence within ten (10) days of receipt of written notice from the City, the City may repair or replace such damaged property and deduct its costs from the monthly invoice. NON DISCRIMINATION. Proposer agrees to the following: 1) That they will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, sexual orientation, military status or an unfavorable discharge from military service; and, further, that they will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any underutilization. 2) That, if they hire additional employees in order to perform this contract or any portion of this contract, he or she will determine the availability in accordance with the Illinois Department of Human Rights Rules and Regulations (Department) of minorities and women in the areas from which he or she may reasonably recruit and he or she will hire for each job classification for which employees are hired in a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by them or on their behalf, they will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, gender identification, military status or an unfavorable discharge from military service. 4) That they will send to each labor organization or representative of workers with which they have or are bound by a collective bargaining or other agreement or understanding, a notice advising the labor organization or representative of the Contractor's obligations under the Act and the Department's Rules Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 16 and Regulations. If any labor organization or representative fails or refuses to cooperate with the Contractor in his or her efforts to comply with the Act and Rules and Regulations, the Contractor will promptly notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations under the contract. 5) That they 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 Act and the Department's Rules and Regulations. 6) That they will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Act and the Department's Rules and Regulations. 7) That they will include verbatim or by reference the provisions of this clause in every subcontract awarded under which any portion of the contract obligations are undertaken or assumed, so that the provisions will be binding upon the subcontractor. In the same manner as with other provisions of this contract, the Contractor will be liable for compliance with applicable provisions of this clause by subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply with the provisions. In addition, the Contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. (Source: Amended at 32 Ill. Reg. 16484, effective September 23, 2008) H. PAYMENT PROVISIONS 1. PAYMENT TERMS. Payment may be made only after inspection and acceptance by Public Works Director. Payment of balances shall be made only after approval and final acceptance by the City of Berwyn. 2. INVOICING. Following acceptance of each payment term, payment shall be made within forty-five (45) calendar days from receipt of itemized invoice. Before the City of Berwyn will pay any invoice, the invoice must include a detailed description of all charges, the proposal number, department name, dollar amount, quantity of hours worked, and any other pertinent information. Submit invoice in duplicate to: City of Berwyn Attn: Robert Schiller 6700 W. 26th St. Berwyn, IL 60402 3. WITHHOLDING PAYMENT. Consideration for withholding payment shall include faulty materials or workmanship, failure to meet delivery deadlines, and liens that have been filed, or evidence indicating a filing of claims. In all cases, regulations and limitation by the Federal Government. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 17 4. SERVICE FEE PER RESIDENTIAL UNIT. The per Residential Unit monthly fee to be paid by the City to the Contractor are for collection of unlimited Acceptable Waste, Recyclables, Yard Waste, Electronics and Hazardous Waste, placed at the curbside by the Resident by 6:00 A.M. the morning of pickup, at the frequency identified in this Agreement. The fee per Residential Unit, per month, shall be as agreed upon within Section VI, for non-seniors. The fee per Residential Unit, per month, shall be as agreed upon within Section VI, for seniors. These fees will be effective the first year of the Agreement effective January 1, 2024. The monthly fee paid to the Contractor shall be calculated based upon the current house count at the time each invoice is generated, times the fee per Residential Unit [e.g., Current House Count x Fee = Monthly Invoice Amount.] 5. DISPOSAL PAYMENT. The fee for all collection transportation required under this Agreement, including disposal by the West Cook County Solid Waste Agency (Agency), is included within the Service Fee per Residential Unit (non-seniors and seniors) as agreed upon with Section VI. On or before the fifteenth of each month, the Contractor shall pay to the Agency an amount to equal to the amount owed by the City to the Agency for the disposal of the City’s Acceptable Waste for the previous month (including any administrative fees imposed by the Agency to the City); provided, however, that the City provides the Contractor with an invoice from the Agency by the 10th of each month. Said payment shall be made out of the proceeds collected by the Contractor from the City. The Contractor further agrees that they will cover all of the City’s costs for disposal of municipal solid waste (MSW) out of the proceeds collected from the City, whether or not there are sufficient funds collected from said service to pay all costs for disposal. Any surplus funds for the disposal of MSW collected by the Contractor shall remain the property of the Contractor. Any deficit in the funds for the disposal of MSW collected by the Contractor shall remain the obligation of the Contractor. The Contractor may adjust the rates set forth in Section VI to account for increases in the amount charged by the Agency for disposal of the City’s Acceptable Waste, including any administrative fees. The parties acknowledge that all the Acceptable Waste collected pursuant to this Agreement is presently transported to a location designated by the Agency. In the event that the Agency or the City designate a different location which results in increased transportation and/or disposal costs to the Contractor, the Contractor may request the City to renegotiate the rates described in Section VI. In the event that the parties are unable to mutually agree upon new rates, then either party may terminate the Agreement upon ninety (90) days prior written notice to the other party. 6. TAXES. The City of Berwyn is exempt from all Federal, State of Illinois and other State Taxes on the purchase of commodities and services used by the City of Berwyn within the State of Illinois. The Finance Department shall provide a tax exemption certification to out-of-state taxes imposed on purchases of commodities and/or services which are used within another state and are applicable and subject to payment. Contractors shall pay all legally required sales, consumer and use taxes on all commodities and/or services purchased or rented to complete their contract. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 18 7. CERTIFIED PAYROLL. Contractor shall be solely responsible to maintain accurate records reflecting its payroll for its employees who perform any of the Work for the City pursuant to this Contract and shall submit certified payroll records to the City’s Director of Public Works at any time during the term of this Contract. Contractor shall provide said certified payroll records within seven (7) days upon the request of the Director of Public Works. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 19 SECTION IV DETAILED SPECIFICATIONS For purposes of this RFP and the agreement to be entered into by the selected Contractor and the City, the following definitions shall apply: Definitions Acceptable Waste: Shall mean all non-hazardous solid waste generated by households in the ordinary course including food wastes and discarded papers, cardboard, plastics, cloth, glass and metal materials, but excluding Excluded Waste as defined herein. Waste shall be considered “Acceptable Waste” only if properly contained with 96-gallon carts placed in the alley or at the curb as designated by the City on the proper weekly collection day, but occasional overflow of waste is permitted if it is properly contained in a rigid sided container with handles no larger than 32 gallons and 50 lbs. in proximity to the cart. As used herein, the term “waste shall mean Acceptable Waste unless the context demonstrates otherwise. Title to Acceptable Waste shall transfer to the Contractor upon collection in the Contractor’s vehicles. Agreement: Agreement means the Independent Contractor Agreement in substantially the form attached hereto. Bulk Items: Bulk Items mean any item of municipal trash, as defined herein, which does not fit into a 96-gallon municipal trash container such as discarded furniture, fixtures, rolls of carpeting (they must be cut, tied and bundled into rolls no larger than four (4) foot long by two (2) foot diameter bundles, tied and left in the alley or at the curb as designated by the City for pick-up), and small amounts of construction or demolition debris. Bulk Items shall not include Hazardous Waste, Electronic Waste, Excluded Materials or White Goods. Customer: Customer(s) means occupants of residential units and institutional locations. Electronics: Electronic materials include items that are banned from Illinois landfills in accordance with State Law. 415 ILCS 15/1 et seq., (Electronic Products Recycling & Reuse Act) establishes a statewide system for recycling and/or reusing the items listed below discarded from residences by requiring electronic manufacturers to participate in the management of discarded and unwanted electronic products. Note: Effective January 1, 2012 all of the covered electronic devices listed here are banned from landfills: 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; and digital video disc recorders. Eligible electronic devices include: cell phones; portable digital assistant (PDA): computer cable zip drives. Excluded Waste: Shall mean, without limitation, any regulated quantity of a Hazardous Waste or Hazardous Substance as defined by federal, state or local laws or regulations; container sized wastes, the contents of which are not able to be identified; sludge; waste from a pollution control process or cleanup of a spill of a chemical substance or commercial product; waste tires; biohazards or regulated medical waste; friable asbestos; construction and demolition waste; soil, sod, tree branches and stumps; paint; motor oil; excessive storm debris or debris resulting from weather events such as hurricanes or tropical storms; or any item too large or heavy to be contained within a 96- Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 20 gallon cart. Title to and liability for Excluded Waste shall remain with the resident that generated the Excluded Waste at all times. Organics: Organics include food waste (no meat, liquids, grease, oil, bones or compostable paper products), non- liquid dairy, bakery or grains, produce, and floral which are generated on the premises of a residential unit or institutional location which are source-separated by the residential unit or institutional location and collected for processing at a commercial composting facility. Residents will have the option of renting a 96, 65 or 35-gallon green cart to contain their organics and yard waste materials. Hazardous Waste: Hazardous waste, as defined by Section 3.220 of the Illinois Environmental Protection Act, 415 ILCS 5/3.220 means waste or a combination of wastes which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed or which has been identified, by characteristics or listing, as being hazardous or having such impacts pursuant to Section 3001 of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580), pursuant to Pollution Control Board, Federal Regulations or other applicable laws, ordinances or regulations. Potentially infectious medical waste is not hazardous waste, except for those potentially infectious medical wastes identified by characteristics of listing as hazardous under Section 3001 of the Resource Conservation and Recovery Act of 1976 P.L 5801, or pursuant to Board regulations. Municipal Trash/ Municipal Solid Waste (MSW): Municipal trash means all waste as defined by Section 3.290 of the Illinois Environmental Protection Act, 415 ILCS 5/3.290, discarded or abandoned materials including, without limitation, garbage, rubbish, Bulk Items and small amounts of building materials and construction or demolition debris, or other similar waste, Municipal Trash shall not include Hazardous Waste, Special Waste, Excluded Materials, Recyclable Materials, White Goods or Landscape Waste. Recyclables or Recyclable Materials: Are defined in Exhibit C. Title to Recyclable Materials shall transfer to the Contractor upon collection in the Contractor vehicles. Residential Unit: Shall mean a dwelling within the corporate limits of the City occupied by a person or persons as a domicile. A residential unit shall be deemed occupied when either domestic water or light and power services are being supplied thereto. Apartment or condominium buildings with five (5) or more individual dwellings shall not be considered Residential Units. Senior Rate: Residents 63 and older must show proof of age to receive senior discount. A copy of a driver’s license or state identification will be required. Senior discount billing adjustments will be based upon copies sent to the Contractor. White Goods: Shall mean “White Goods” as defined by the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq., as amended, or in rules promulgated thereunder. Includes all ranges, refrigerators, water heaters, freezers, air conditioners, humidifiers, other similar domestic and commercial large appliances and other items required by law to be treated or processed prior to disposal. Yard Waste: Shall mean leaves, grass, shrubbery, clippings, and similar garden waste. This material must be placed in the alley or at the curb as designated by the City in biodegradable Kraft paper bags or 32-gallon rigid sided containers with handles. The bags or containers must not weigh more than 50 lbs. Twigs and branches can be Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 21 bundled in four foot long by two foot diameter bundles, tied and left in the alley or at the curb as designated by the City for pick-up. Individual branches cannot exceed 3” in diameter. If the Residential Unit is registered for Organics Service, they are allowed to combine their yard waste and their organic waste in the same rented cart (96, 65, or 35- gallon green cart.) Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 22 SECTION V COMPANY REFERENCES The Contractor must complete the required reference information listed below. The Contractor must provide at least three (3) references from companies or agencies that have used the services of their company. The company’s name and address, a contact name, title, and phone number, must be included with the reference information. 1. Company Name: _____________________________________________ Company Address: _____________________________________________ Email Address: _____________________________________________ Company Contact: _____________________________________________ Title of Contact: _____________________________________________ Phone Number: _____________________________________________ 2. Company Name: _____________________________________________ Company Address: _____________________________________________ Email Address: _____________________________________________ Company Contact: _____________________________________________ Title of Contact: _____________________________________________ Phone Number: _____________________________________________ 3. Company Name: _____________________________________________ Company Address: _____________________________________________ Email Address: _____________________________________________ Company Contact: _____________________________________________ Title of Contact: _____________________________________________ Phone Number: _____________________________________________ Note: Additional references may be included with the Contractor’s proposal. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 23 SECTION V COMPANY INFORMATION & SIGNATURE SHEET Contractors must include with their submitted proposal this completed and signed Company Information & Signature Sheet and price list for the hazardous material removal required for this contract. The undersigned bidder, having examined and determined the scope of this Request for Proposal, hereby proposes to supply the services as described in the proposal documents at the prices set forth within. The undersigned bidder states that this bid is made in conformity with the specifications and qualifications contained herein. In the event that there are any discrepancies or differences between any conditions of the Contractor’s proposal and the Request for Proposal prepared by the City of Berwyn, and the City’s Request for Proposal shall prevail. The undersigned bidder certifies that this proposal is made in good faith and without collusion or connection with any other person or persons bidding on the project. Delivery: Upon the signing of the contract between the City of Berwyn and chosen company, the Contractor guarantees that the collection of Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics and other collection services (“Services”) pursuant to this Request for Proposals will commence January 1, 2024. Name of Firm: ______________________________________________________ Authorized Representative: ______________________________________________________ Signature of Representative: ______________________________________________________ Title of Authorized Representative: _______________________________________________________ Address: _______________________________________________________ City/State/Zip: _______________________________________________________ Phone Number: _______________________________________________________ Fax Number: _______________________________________________________ Website Address: _______________________________________________________ E-Mail Address: _______________________________________________________ Date Signed: _______________________________________________________ Addenda Form: The undersigned hereby acknowledges receipt of the following applicable addenda: Addenda Number Date ________________________ __________________ Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 24 SECTION VI Company Proposal for Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection for the City of Berwyn PROPOSAL OF: ____________________________________________ ___________________________________________________________________________ (Name and Address of Bidder) Signature: _______________________________ Company Contact: _______________________________ Title of Contact: _______________________________ Email Address: _______________________________ Phone Number: _______________________________ Date: ______________________________ PLEASE CLEARLY INDICATE IF YOU DO NOT HAVE ANY OF THE ABOVE REQUIRED SERVICES. TOTAL MONTHLY SERVICE COST FOR NON-SENIORS TRASH, RECYCLING, FOOD SCRAP/YARD WASTE, $ HOUSEHOLD HAZARDOUS WASTE, AND ELECTRONICS COLLECTION PER RESIDENTIAL UNIT TOTAL MONTHLY SERVICE COST FOR SENIORS FOR TRASH, RECYCLING, FOOD SCRAP/YARD WASTE, $ HOUSEHOLD HAZARDOUS WASTE, AND ELECTRONICS COLLECTION PER RESIDENTIAL UNIT ROLL OFF FEE PER LOAD $ ROLL OFF FEE PER TON $ NATURAL DISASTER FEE RATE PER HAUL $ NATURAL DISASTER FEE RATE PER TON $ ANNUAL ORGANICS SUBSCRIPTION TO RESIDENTS - 96 Gallon $ ANNUAL ORGANICS SUBSCRIPTION TO RESIDENTS - 64 Gallon $ ANNUAL ORGANICS SUBSCRIPTION TO RESIDENTS - 35 Gallon $ ADDITIONAL 96 GALLON CART COST TO RESIDENTS $ ADDITIONAL BACK DOOR COLLECTION SERVICE ANNUAL COST TO RESIDENTS $ Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 25 EXHIBIT A Collection of Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Specifications The following is the scope of work for the Collection of Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics, Berwyn, IL 60402 The City of Berwyn (“City”) is soliciting proposals from qualified Contractors for a five year contract to perform the collection of Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics and other collection services (“Services”) pursuant to this Request for Proposals. Performance Schedule - Services will be provided from January 1, 2024 to December 31, 2028 at 11:59 P.M. unless earlier terminated in accordance with the Agreement attached hereto. Other Considerations - The Contractor shall designate a Contractor Representative (CR) to supervise all services within this contract. The City Administrator’s office will deal directly with the CR, for normal day-to-day administration of the contract provisions, within the limits of their authorities. The CR shall conduct overall management coordination and is the central point of contact with the City for performance of all work under the contract. The CR shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract, and shall be the on-site Contractor employee who is responsible for safety. - The Contractor must adhere to the safety requirements contained in OSHA, EPA, and other State and Federal Laws that address the safe work environment. This includes the monitoring and safety of all employees who will be performing any work under this work order. - The Contractor should be aware that the City of Berwyn does not plow its alleys unless there are at least twelve inches of snow. Specifications Regarding the Work to be Done and Product to be Used Detailed Scope of Services The Contractor shall furnish the labor, equipment, licenses, permits, and other requirements necessary to provide Acceptable Waste and Recyclable Materials collection to all Residential Units of the City, which currently consists of approximately 12,607 Residential Units (Single family 9,896; Duplex 1,961; Three-flat 658; Four-flat 92) (the “Service”). As part of the Service, the Contractor shall provide the following: a. Accounts for Individuals. Each resident address will have an individual account set up to provide better tracking and reporting. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 26 b. Additional Programs a. Educational Materials. The Contractor shall provide the City educational materials regarding each of their residential services including Recycling, Hazardous Waste, Yard Waste, and Organics. b. Website. The Contractor shall provide the City with a website exclusive to the City for residents. It shall include an option for reporting customer service issues. It also needs to include an overview of residential services. c. Light Bulb Recycling. The Contractor shall supply the City with up to five (5) florescent/standard light bulb recycling boxes per year, at no cost, for use at City locations. d. Battery Recycling. The Contractor will supply the City with up to five (5) 3.5 gallon Battery Recycling Buckets per year, a no cost, for use at City locations. e. Representatives for City Meetings/Functions. The Contractor shall supply the City with a representative to attend City meetings and events with the purpose of educating residents on the various services they provide and responding to questions and concerns. c. Acceptable Waste Collection Frequency, Days and Times. Acceptable Waste shall be collected from the curbside or alley (as designated by the City) once per week from each Residential Unit on a weekday or weekdays to be agreed by the Contractor and City. The Contractor shall be responsible for removing spillage caused in the course of providing collection. Collections shall occur during ordinary hours but in no instance earlier than 7:00 A.M. All Acceptable Waste must be placed in the alley or at the curb as designated by the City for collection no later than 6:00 P.M. on scheduled day of collection. Residential Units may place additional Acceptable Waste out on collection day so long as it is properly contained in a rigid container with handles no larger than 32 gallons and 50 lbs. d. Back Door Collection. Back Door Collection service refers to residents that are unable to bring refuse containers to the designated refuse collection area. Waste Drivers must retrieve refuse carts from private property. The service will be available for Municipal Trash, Recyclable Materials, Landscape Waste and Food Scrap/Yard Waste Materials. Residents may request Back Door Collection by directly contacting the Contractor and agree to the Back Door Collection fess as provided in Section VI Proposal Form. This charge will be in addition to the regular rate set forth in Section VI Proposal Form. Back Door service will be provided at the exterior ground level only. e. Bulk Items. The Contractor shall pick up one (1) Bulk Item per week per Residential Unit at no additional cost. Residential Units will be responsible to contact the Contractor and make arrangements for collection of Additional Bulk Items on an individual basis. f. Cart Replacement. The Contractor shall replace at no charge to the City or the individual Residential Unit any Cart that becomes damaged or destroyed during the provision of the Service, or that becomes unusable because of ordinary wear and tear, or is stolen and a police report is written. However, if a Cart in the possession of a Residential Unit is lost, damaged, or destroyed through no fault of the Contractor, the occupant of the Residential Unit shall be responsible to compensate the Contractor the fair market value for the replacement of such Cart. The Residential Unit shall be billed separately for such replacement cost. g. Cart Supply. Each Residential unit shall be provided a 96-gallon Cart for Acceptable Waste and a Separate 64-gallon Cart for Recyclables. Carts will have a numeric address on them. Residents will have the option of renting a 96, 65 or 35-gallon green cart to contain their organics and yard waste materials. New Residential Units will be provided a 96-gallon Cart for Acceptable Waste and a separate 64-gallon Cart for Recyclable Materials as the Units are added to the City. The Carts and equipment furnished by the Contractor to Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 27 Residents and the City shall remain the Contractor’s property. Residents may purchase an additional refuse or recycle cart at an agreed upon price per the Contractor’s response to the RFP. h. Christmas Tree Collection. Residents may set out one Christmas tree per Residential Unit to be collected on the designated collection day during the second and third full weeks of January each year. Christmas trees must be clean (e.g. no ornaments, lights or tinsel), unbagged and under 6 feet in length (or cut into 2 pieces, each under 6 feet in length, if tree is greater than 6 feet tall.) i. Complaints and Missed Pick-Ups. All complaints as to the Contractor’s provision of the Service, including alleged missed pick-ups, shall be given prompt and courteous attention. The Contractor shall attempt to resolve all complaints promptly, and shall cure all missed pick-ups that are not the result of force majeure events within one (1) weekday, conditions permitting. The Contractor shall provide a local phone number staffed by an authorized agent, between the hours of 8:00 am and 5:00 pm Monday through Friday, to handle inquiries and complaints connected with services provided. Contractor shall also provide a webpage specifically designed for Berwyn residents to find waste/recycling/organics information and to submit online requests and/or complaints. j. Compliance with the Laws. The Service shall be performed in accordance with all applicable statues, law, rules, regulations and ordinances. k. Disposal. The Contractor shall dispose or arrange to dispose of the Acceptable Waste collected only at solid waste disposal facilities that are licensed and permitted to accept solid waste. l. Evictions/Skip-Outs. In order to protect the public health, safety and welfare and at the request of the City, the Contractor shall collect quantities of Municipal Solid Waste, Recyclable Material, Yard Waste and White Goods left at the street curb or alley without proper preparation in unusual circumstances (i.e. evictions/skip- outs) and shall bill the property owner for the actual cost thereof. The City agrees to assist the Contractor in identifying the property owner for this purpose. m. Holiday Schedule. The following shall be designated holidays on which the Service shall not be provided: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a designated holiday falls on a regularly scheduled Service Day, the Service will be performed on the next weekday including Saturday. n. House Count and Adjustments. The estimated house count at the commencement of the term hereunder shall be 12,607 Residential Units (Single family 9,896; Duplex 1,961; Three-flat 658; Four-flat 92); however, the Parties shall verify this house count prior to the initial billing of this Agreement and shall adjust the house count for billing purposes accordingly. Either Party may propose a prospective adjustment to the house count at any time during the term of this Agreement upon reasonable notice to the other Party, which adjustment shall be investigated jointly by the Parties to establish a new house count to apply thereafter. The Contractor shall keep accurate route sheets and/or a Residential Unit database that shall be provided to the City promptly upon its request. o. Household Hazardous Waste Program. The Contractor shall provide for the collection of household hazardous waste and electronic waste. This includes Household Chemicals (Cleaner, Ammonia, tile/shower cleaner, cleaning compound and rust remover), Automotive Products (Antifreeze, motor oil, oil filters, brake fluid, batteries, fuel, polishes and waxes), Paint Products (Paint, spray paint, stain, stripper, thinner, caulk, Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 28 sealer, wood stain and preservative), Garden Chemicals (Fertilizer, herbicide, pesticide and insecticide), Universal Material (Compact Fluorescent Lamp, fluorescent tube, household batteries, thermometer and thermostat), Swimming Pool Chemicals (Pool acid, stabilizer and chlorine), Electronics (TV, computer, monitor, mouse, MP3 player, DVD/CD/tape player, VCR, cell phone, desktop printer, keyboard, fax machine, scanner, microwave, CD rom and related cords.) Contractor shall provide residents with a phone number for customer service. They shall provide resident with materials to place hazardous waste in, provide a date/time for collection, and a pick-up from the front door. The cost of the program shall be included in the monthly service rate. p. Municipal Locations. The Contractor will provide, at no additional charge, refuse, recycling and Port-O-Let (POL) services to the City locations listed on Exhibit B. Any additional locations will be reviewed by the City and Contractor before adding. q. Natural Disaster Assistance. In the case of a natural disaster (i.e. flood, tornado), the Contractor will provide roll-off containers to the City for Cleanup. The rate for the container per haul and per ton at an agreed upon price per the Section VI. This will be billed separately to the City. r. Organics Collection Frequency, Days and Times. The Contractor shall provide an Organics Collection Services to Residential Units on a weekly basis in a single-stream organic collection, such that all organic materials including Landscape Waste, and food scraps may be commingled into the compost cart or other container designated for such purpose. The Organic Collection Services begin on April 1st of each year and conclude on December 31st of each year. This is an opt-in service. The Contractor shall provide Residents with annual subscription rates for the following size carts: 96-gallon, 64-gallon, 35-gallon. All Organics Materials must be placed in the alley or at the curb as designated by the City for collection no later than 6:00 A.M. on scheduled day of collection. The Contractor shall provide a sticker on each cart lid which highlights items are acceptable or not acceptable. Cart sharing is allowed under this base program. In this case, two residential units will share in the cost of the service. By the end of each collection day, the Contractor shall transport and dispose of all Organic materials at a facility authorized by the State of Illinois and designed to store, treat, compost, grind or land apply the waste. The cost of collecting, transporting and processing Organic materials pursuant to the Organics Service shall be as set forth in the Contractor’s proposal. s. Personnel and Equipment. The Service shall be performed by properly trained and licensed personnel in adequate numbers and with adequate vehicles and equipment to compete the Service in a safe and timely manner. t. Recyclable Materials Collection Frequency, Days, and Times. The Contractor shall provide Recycling Collection Services to Residential Units on a weekly basis, subject to the terms and conditions in Exhibit C. All Recyclable Materials must be placed in the alley or at the curb as designated by the City for collection no later than 6:00 A.M. on scheduled day of collection. The City and Residential Units shall ensure that only materials acceptable in accordance with Exhibit C are placed in the recycling containers. Residential Unit may place additional Recyclable Materials out on collection day so long as it is contained within a rigid sided Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 29 container with handles that is clearly identified by the Residential Unit as being for Recyclable Materials that is no larger than 32-gallons and 50 lbs. u. Roll-Off Boxes for Public Works. The Contractor shall provide annually, at no additional charge, up to 250 20 cubic yard roll-off boxes at the City’s Public Works Yard and service said containers on an as-needed basis. Additional roll-off boxes in excess of 250 annually shall be charged at a rate per load and per ton over 4 tons at an agreed upon price per the Contractor’s response to the RFP. v. Senior Rate. Contractor shall provide a ten percent (10%) monthly discount to residents 63 and older. Senior discount billing adjustments will be based upon copies sent to the Contractor. w. Special Events. The Contractor will provide, at no additional charge, refuse, recycle and Port-O-Let (POL) services for the City’s special events listed on Exhibit B. Any additional events will be reviewed by the City and Contractor before adding. x. Tires. The Contractor shall also provide the City Public Works operations the disposal of tires at no charge. y. Uncollectible Items. Customers shall not place any Recyclable, Hazardous Waste, Excluded Materials, Yard Waste or any other materials for collection that do not comply with the collection specifications in this Request for Proposals. In such event, the Contractor shall place a “SORRY NOTE” on the material as follows: 1) A self-adhesive “SORRY NOTE” is to be placed on the material stating the reason the material was not collected. The date, address and reason that the “SORRY NOTE” was issued shall, at the City’s request, be reported to the City. 2) The Contractor shall, at its own cost, provide “SORRY NOTES.” z. White Goods. The Contractor shall pick up one (1) White Good per week per Residential Unit at no additional cost. Residential Units will be responsible to contact the Contractor for collection of White Goods on an individual basis. aa. Yard Waste Collection Frequency, Days and Times. The Contractor shall provide Yard Waste Collection Services to Residential Units on a weekly basis beginning on April 1st of each year and concluding on December 31st of each year. All Yard Waste must be placed in the alley or at the curb as designated by the City for pick-up. Individual branches cannot exceed 3” in diameter. The Contractor shall collect Yard Waste segregated from other materials and packaged by Customer as follows: 1) Within Kraft paper bags (up to thirty (30) gallons), a rigid container (up to thirty (30) gallons) and clearly marked “Yard Waste Only,” or in bundles; and 2) Bundles of brush: a) Not exceeding fifty (50) pounds in weight; b) Not exceeding two feet (2’) in diameter; Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 30 c) Containing individual branch lengths not exceeding four feet; and d) Individual branch diameters not exceeding three inches (3”). The cost of collecting, transporting and processing recyclable materials collected pursuant to the Yard Waste Collection is as provided in the Contractor’s proposal per residential unit. The Contractor shall provide Yard Waste Collection Services to the City owned facilities free of charge. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 31 EXHIBIT B City Properties Contractor provides weekly refuse and recycling service for the following City locations at no additional cost to the City.  City Hall, 6700 26th St, (3) 2cy 2x (M/Th) & Recycle (1) 1.5cy 1x (W), (2) 64G 1x (W)  Fire Department, 6434 W Windsor Ave, (2) 1cy 1x (Tu) & Recycle (2) 96G 1x (W)  Firehouse, 6615 16th St, (1) 2.0cy 1x (W) & Recycle (2) 96G, (1) 64G 1x (Tu) & YW (1) 96G NR  Janura Park, 28th St & East Ave, (1) 1.5cy 2x (M/Th), (1) 2cy 2x (M/Th)  Police Department, 6401 31st St, (1) 8cy 2x (M/Th)  Public Library, 2701 Harlem Ave, (1) 6cy 1x (M) & Recycle (5) 96G 1x (W)  Public Works, 6700 30th St, (3) 2cy 1x (Tu)  Recreation, 6501 31st St, (4) 2cy 4x (M/W/Th/F)  Water Department, 6201 19th St, (1) 96G twice a week; days TBA at pre-award meeting  Cermak Street Cans, 7153 W Cermak Rd, (91) Cans twice a week; days TBA at pre-award meeting  Depot Street Cans, Stanley Ave & Windsor Ave (includes train stations), (40) Cans twice a week; days TBA at pre-award meeting  Ogden Street Cans, 6333 Ogden Ave, (27) Cans twice a week; days TBA at pre-award meeting  Roosevelt Street Cans, (18) Cans twice a week; days TBA at pre-award meeting Contractor provides weekly POL service for the following City locations at no additional cost to the City.  Baseball Alley, 28th St & East Ave, (3) Standard POL 2x (M/Th)  Janura Park, 2801 28th St, (3) Standard POL 2x (M/Th)  Public Works, 6700 30th St, (1) Standard POL 1x (M) City Special Events Contractor provides the refuse, recycle and port-o-let (POL) service for following City special events at no additional cost to the City.  Fourth of July Fireworks (15) Standard POL, (2) Handicap POL, (4) Sinks, (50) Special Event Boxes with Liners  Halfway to St Patrick’s Day (2) Standard POL, (1) Handicap POL, (1) Sink, (20) Special Event Boxes with Liners  Hispanic Heritage (2) Standard POL, (1) Handicap POL, (1) Sink,  Oktoberfest (35) Standard POL, (2) Handicap POL, (11) Sinks, service units 1x, (75) 96 gallon refuse carts, (60) Special Event Boxes with Liners, (3) 30cy roll off containers  Police Department Open House (4) Standard POL, (1) Sink, (6) Special Event Boxes and Liners  Route 66 Car Show (20) Standard POL, (12) Sinks, (35) 96 gallon refuse carts, (40) Special Event Boxes with Liners, (1) 20cy roll off container Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 32  Softball Tournament (3) Standard POL, (2) Sinks, service units 1x, (15) 96 gallon refuse carts with liners  Rockin on Roosevelt (7) Standard POL, (1) Handicap POL, (3) Sinks, (10) 96 gallon refuse carts, (20) Special Event Boxes with Liners, (1) 30cy roll off container Park District Special Events  Art in the Park, Berwyn Gardens/NBPD, (1) Standard POL, (1) Handicap POL (2) Sinks  Back to School/SBPD, (3) Standard POL, (2) Sinks  Brew Fest/SBPD, (8) Standard POL, (2) Hand Sanitizers  Corrida del Mariachi 5K/NBPD, (6) Standard POL, (1) Handicap POL, (3) Sinks Other Events Contractor will provide the refuse, recycle and POL service for following City special events at no additional cost to the City.  Berwyn Shops (1) Handicap POL with Hand Sanitizer, (1) 2cy commercial container all serviced 1x/week (April 1 – December 31)  Veteran’s Lunch (2) Standard POL, (2) Handicap POL, (2) Sinks, (15) Special Event Boxes with Liners Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 33 EXHIBIT C Single Stream Recycling The list of items below represents acceptable recyclable materials for collection by the Contractor. The list may expand or contract due to market conditions. ACCEPTED ITEMS Cans and Foil  Steel (tin) cans & bi-metal cans  Empty aerosol cans  Aluminum beverage & pet food cans  Clean aluminum foil & foil containers  Empty, clean paint cans  Metal lids larger than 3” in diameter Paper  Newspapers & inserts (remove plastic bags)  Junk mail  Office paper (all colors, including envelopes & fax paper)  Gift wrap paper, kraft paper & greeting cards  Magazines, catalogs, phone books & soft cover books  Cardboard  Chipboard including cereal boxes, tissue boxes, paper towel & toilet paper rolls, shoe & food boxes  Egg cartons  Paper bags  Juice boxes & milk, water, and broth cartons Glass  All colors of glass bottles & jars with labels and rinsed Plastic  Containers, bottles & lids labeled #1, #2, #3, #4, & #5, including liter soda bottles; milk, water & juice containers; food containers; liquid detergent, fabric softener, bleach & shampoo bottles. Rinse.  Containers (narrow neck only) labeled #7 Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 34 ADDITIONAL REQUIREMENTS Contamination  Recycle cart may have a contamination rate of 15-20%  If the mixed recyclable materials do not meet the specifications for acceptable recyclables or are otherwise not properly segregated from the waste, the Contractor shall have the right to reject the load in whole or in part. Processing of Recyclable Material, the Contractor will be required to provide the City evidence that all recyclable materials have been processed domestically (within the United States) and provide annual updates on the marketing of those materials. The proposal should include an overview of how the Contractor will meet this requirement. The cost of collecting, transporting and processing recyclable materials collected pursuant to the Recycling Program Service is as provided in the Contractor’s proposal per residential unit. The Contractor may retain the proceeds from the sale of recyclable materials as payment for the collection and processing of recyclable material. The Contractor shall provide Recycling collection services to City owned facilities free of charge. Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 35 EXHIBIT D Hazardous Household Waste and Electronics The program requires residents to schedule hazardous waste and electronic collections online, via email or with a toll- free phone number. Information will be provided to the resident including instructions on how to package the materials and where to place them safely for collection on the scheduled date. Residents need not be home at time of collection. Once collected, materials will be sent to various processing facilities, with the emphasis placed first on recycling and treatment, then incineration and when necessary, safe disposal in secure landfills. Monthly and annual reports must be provided indicating the volume of specific materials collected. Additionally, the percentage of material recycled vs. landfilled must be part of the report (see Exhibit F for an example). The list of items below represents accepted Hazardous Household Waste and Electronics. This list may expand or contract due to market conditions. Hazardous Waste:  Automotive Products (antifreeze, batteries, brake fluid, motor oil and filters, fuels and more)  Garden Chemicals (fertilizers, insect sprays, herbicides, pesticides, and weed killers)  Paint Products (oil based paint, latex paint, spray paint, artist paint, caulk, glue, stain, stripper, thinner, and wood preservative)  Household Chemicals (ammonia, bleach, floor stripper, cleaning compounds, drain cleaner, heavy-duty cleaner, rust remover, tile/shower cleaner, upholstery cleaner and more)  Electronics (computers, monitors, keyboards, mp3 players, televisions, dvd/cd players, tape players, vcr, cell phones, desktop printers, fax machines, and microwaves)  Mercury Containing Items (batteries, compact fluorescent lamps, fluorescent tubes, thermometers, and thermostats)  Sharps, needles and lancets  Flammable Items (kerosene, gasoline, solvents and more)  Swimming Pool Chemicals (pool acid, stabilizer, chlorine) Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 36 EXHIBIT E Weekly Refuse Collection Schedule *The above map is found at: https://www.berwyn-il.gov/home/showpublisheddocument/4443/638088718637070000 Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 37 EXHIBIT F ANNUAL REPORT Berwyn, IL From 1/1/2022 through 12/21/202 Municipal Trash, Recycling, Food Scrap/Yard Waste, Household Hazardous Waste and Electronics Collection Pg. 38