Refuse and Recycling 2019-2024 Contract1
MUNICIPAL SOLID WASTE, RECYCLING AND LANDSCAPE WASTE AGREEMENT
This Municipal Solid Waste, Recycling and Landscape Waste Agreement (the “Agreement”) is entered
into on March 21, 2019 (the “Effective Date”), by and between the Village of Buffalo Grove, Illinois, a
municipal corporation created under the laws of the State of Illinois (“Village”), and Waste
Management of Illinois, Inc. (“Contractor”), a Delaware corporation.
Recitals
A. The Village desires to provide its citizens with environmentally sound solid waste collection and
disposal, recyclable materials collection and landscape waste collection;
B. Contractor and its affiliates have extensive experience in providing solid waste, landscape waste
and recyclable materials collection, disposal and processing; and
C. The Village has determined that it would be in the best interests of its citizens to contract with
Contractor for the collection of its residential solid waste, recyclable materials and landscape waste
according to the terms and conditions contained herein.
I. DEFINITIONS
Agreements
a. 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 in a Contractor provided Cart placed at the curbside on the proper
weekly collection day, but occasional overflow of waste is permitted if properly sealed in plastic
garbage bags or in rigid sided 32-gallon containers in proximity to the Cart. Each bag or container
must weigh no more than 50 lbs. As used herein, the term “waste” shall mean Acceptable Waste unless
the context demonstrates otherwise. Title to Acceptable Waste shall transfer to Contractor upon
collection in Contractor vehicles.
b. Bulk Items – shall mean larger furniture-type items such as couches, chairs, mattresses, tables
and other furniture pieces including carpeting that has been cut, tied and bundled into rolls no larger
than four (4) feet long and each bundle weighing no more than 50 lbs. Bulk items to not include
electronic waste.
c. 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;
containerized wastes, the contents of which are not able to be identified; sludges; 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;; or any item too large or heavy to be contained
within a 96-gallon Cart; or any waste or material that is prohibited from being received, managed or
disposed of at the disposal facility. Title to and liability for Excluded Waste shall remain with the
resident that generated the Excluded Waste at all times. The Contractor may accept incidental
quantities of construction type materials provided that it does not exceed one cubic yard, it is
properly bundled or contained in the provided cart, and that one person can safely load the
materials into the collection vehicle.
d. Landscape Waste – shall mean leaves, grass, shrubbery clippings, and similar garden waste.
This material must be placed at the curb in biodegradable Kraft paper bags, or rigid sided containers.
Containers cannot exceed 32-gallons and bag bags or containers must not weigh more than 50 lbs.
Twigs and branches can be bundled in four foot long by two foot diameter bundles, tied and left at
the curb for pick-up. Branches must be less than three inches in diameter.
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e. Recyclables or Recyclable Materials – are defined in Exhibit A. Title to Recyclable Materials
shall transfer to Contractor upon collection in Contractor vehicles.
f. Residential Unit – shall mean all single-family residential units, 2-family residential units, attached
and detached town homes, coach homes, and duplexes, collectively Single Family Unit. It shall also include
all multifamily residential dwellings whether classified as apartments, condominiums, or residential
units that are combined with commercial and/or industrial units, collectively Multifamily Unit.
g. Senior Rate – Residents 65 and older must show proof of age to the Village to receive senior
discount.
h. System Waste – shall mean all Acceptable Waste that the Village has contractually agreed will
be disposed of in a Solid Waste Agency of Northern Cook County (“SWANCC”) facility.
i. White Goods – shall mean white goods as defined by the Illinois Environmental Protection Act,
415 ILCS 5/22.28, as amended or in rules promulgated thereunder.
II. TERM
The initial term of this Agreement shall be for five (5) years commencing on May 1, 2019, and
ending on April 30, 2024. Agreement may be extended for an additional five (5) years upon the mutual
agreement of Contractor and Village. At the end of any term the Village of Buffalo Grove reserves
the right to extend this agreement for a period of up to one hundred and eighty (180) days for the
purpose of securing a new agreement provided; however, that Contractor may increase rates by the
combined average CPIU Chicago All Other for the last three years or six percent (6%), whichever is
less, immediately prior to the commencement of the 180 day extension period.
III. SERVICES
a. Contractor shall furnish the labor, equipment, licenses, permits, and other requirements
necessary to provide Acceptable Waste Recyclable Material and Landscape Waste collection to all
Residents of the Village, which currently consists of an estimated 14,900 Residential Units (the
“Service”). As part of the Service, Contractor shall:
i. Standard of Performance. The Contractor shall undertake to perform all disposal services
rendered hereunder in a neat, orderly and efficient manner, and to use care and diligence.
ii. Cart Supply. Each Single Family Residential Unit has already been provided a 95-gallon Cart
for Acceptable Waste and a separate 65-gallon Cart for Recyclable Materials. Residential Units
may change cart sizes (35, 65, 95 Gallon)free of charge from May 1 through May 31 during
each year of the Agreement. Contractor will charge Residential Units the fee as set forth on
Exhibit C for replacing the cart with a different size cart if the option is not exercised between
May 1 through May 31 each year. The replacement carts may be refurbished and not
necessarily brand new, in either case replacement carts must be clean. New Residential Units
will be provided a 35, 65, or 95-gallon Cart for Acceptable Waste and a separate 35 or
65-gallon Cart for Recyclable Materials as Units are added to the Village. The Carts and
equipment Contractor furnishes Residents and the Village shall remain Contractor’s
property.
iii. Additional Carts. Each Residential Unit shall have the option to rent an additional cart for
Acceptable Waste and/or Recyclable Materials for the fee as set forth on Exhibit C.
iv. Acceptable Waste Collection Frequency, Days and Times. Acceptable Waste shall be collected
from the curbside once per week from each Residential Unit on a weekday or weekdays
to be agreed by Contractor and Village unless a second weekly service is requested by the
customer. Collections shall occur during ordinary hours but in no instance earlier than 6:00
a.m. All Acceptable Waste must be placed at the curb for collection no later than 6:00 a.m. on
scheduled day of collection.
v. Recyclable Materials Collection Frequency, Days and Times. Contractor shall provide
recycling collection services once per week from each Residential Units on a weekday or
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weekdays to be agreed by Contractor and Village. Collections shall occur during ordinary
hours, but in no instance earlier than 6:00 a.m. All Recyclables Materials must be placed at
the curb for collection no later than 6:00 a.m. on scheduled day of collection. The Village
and Residential Units shall ensure that only materials acceptable in accordance with Exhibit
A are placed in the recycling containers. Contractor reserves the right to refuse recycling
services where the materials are not properly segregated from waste or other non-recyclable
material.
vi. Landscape Waste Collection Frequency, Days and Times. Contractor shall provide landscape
waste collection services to Residential Units on a weekly basis beginning on April 1st of each
year and concluding on December 15th of each year. All Landscape Waste must be placed at
the curb for collection no later than 6:00 a.m. on scheduled day for collection. Residential
Units must place Landscape Waste out on collection day in biodegradable Kraft paper bags or
containers. The containers cannot exceed 32-gallons in size and 50 lbs.
vii. Christmas Tree Collection. Residents may set out two (2) Christmas tree per Residential
Unit to be collected on the designated collection day during the first two 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).
viii. At Your Door Special CollectionSM program. Contractor shall provide for the collection of
electronics and household hazardous waste with the At Your Door Special CollectionSM
program (AYD) to all Residential Units in accordance with Exhibit B if elected by the
Village. The Village shall have the right to discontinue the AYD program, after April 30,
2022, by providing the Contractor with at least sixty (60) days’ written notice. The Parties
agree that this right to discontinue applies solely to the AYD program; not to any other
services described in this Agreement. The service fee per Residential Unit shall be adjusted
as set forth on Exhibit C. At the request of the Village, Contractor shall provide the Village
with an accounting of how many Residential Units have participated in the AYD service for
any period of time.
ix. Exclusions from the Service. Notwithstanding anything to the contrary herein, the Service
shall not include white goods collection, construction or demolition waste collection. Services
to commercial establishments are not covered by this Agreement.
x. Disposal. Contractor shall transport for processing all System Waste collected pursuant to
this Agreement to SWANCC’s Glenview Transfer Station. System Waste shall not be
commingled with any non-system or private waste or with waste from outside the
boundaries of the Village unless authorized by the Village Manager. Non-system waste,
defined as Recyclables, Landscape Waste and Bulk Items, including White Goods, shall be
transported to a facility or facilities licensed and permitted under all applicable local, state
and federal laws and regulations.
xi. 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 the succeeding Friday, Christmas Eve, Christmas Day. If a designated
holiday falls on a regularly scheduled Service day, the Service will be performed on the next
weekday
xii. Cart Replacement. Contractor shall replace at no charge to the Village 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. However, if a Cart in
the possession of a Residential Unit is lost, stolen, damaged, or destroyed through no fault of
Contractor, the occupant of the Residential Unit shall be responsible to compensate
Contractor the fair market value for the replacement of such Cart. The Residential Unit
shall be billed separately for such replacement cost.
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b. Bulk Items. Contractor shall collect up to one (1) bulk item per week per Residential Unit at no
additional cost. Residential Units will be responsible to contact Contractor and make arrangements
for collection of additional Bulk Items on an individual basis.
c. White Goods. Contractor shall collect White Goods for the fee as set forth on Exhibit C per item.
Residential Units must contact Contractor to make arrangements for collection of all White Goods
and pay in advance for the service.
d. Special Pick Up and Optional Service. All of the Acceptable Waste not heretofore provided
for may be collected and disposed of at an additional rate agreed upon separately between Contractor
and Residential Units.
e. Compliance with Laws. The Services shall be performed in accordance with all applicable
statutes, laws, rules, regulations and ordinances. Specifically, Contractor and Village warrant and
affirm that they shall comply with all laws and regulations applicable to public contracts.
f. Personnel and Equipment. The Service shall be performed by properly trained and licensed
personnel in adequate numbers and with adequate vehicles and equipment to complete the Service in
a safe and timely manner.
g. Employees and Conduct. The Contractor shall prohibit any drinking of alcoholic beverages or the
use of any controlled substances, except by doctor's prescription, by its drivers and crew members while
on duty or in the course of performing their duties required under the terms of this Contract. In the event
that any of the Contractor's employees is deemed by the Village to be unfit or unsuitable to perform the
services required under the terms of this proposal as a result of intoxication, drug use, incompetence, or
by virtue of abusive or obnoxious behavior; then, upon request of the Village, the Contractor shall
remove such employee from work within the Village and replace him/her with a suitable and
competent employee. Contractor shall provide courteous personnel on its collection crews and courteous
and knowledgeable personnel in its customer service and billing/payment functions.
h. Vehicles. All vehicles shall be maintained in good working order and appearance. No vehicle shall
be operated on the Village streets that leaks any fluids from the engine or compacting mechanism. All
vehicles shall display the name of the Contractor, and a vehicle identification number that is clearly visible
on both sides of the vehicle.
i. Spills. Contractor shall be responsible for cleaning any fluids, municipal waste, landscape waste or
recyclables that leak or otherwise spill from any vehicle. In the event the Village cleans any fluids, waste
or recyclables that leak or otherwise spill from any vehicle, the Contractor shall be responsible for
reimbursing the Village for any and all costs associated with the clean-up.
j. Complaints and Missed Pick-Ups. All complaints as to Contractor’s provision of the Service,
including alleged missed pick-ups, shall be given prompt and courteous attention. 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 Village and Contractor shall
establish a mutually agreed to Customer Service Plan which shall include but not be limited to
performance metrics for management and service of customer service calls and Contractor contacts with
the public. The Contractor shall maintain an office and telephone service, with either a local exchange or
a toll-free number, for the receipt of service calls or complaints, and shall be available for such calls on
all working days from 7:00 a.m. to 5:30 p.m. Calls made after the time period noted shall be answered by
an answering service which records all calls. When requested, the Contractor shall report to the Village
the status of service calls or complaints and shall maintain a daily log of such calls or complaints received,
which record shall be open to the Village for inspection at any reasonable time. A monthly report of
service calls or complaints shall be provided to the Village by the Contractor.
k. Anti-Discrimination. In performing the Service, Contractor shall not discriminate against any
person on the basis of race, religion, sex, national origin, political affiliation, or physical and mental
disability.
l. Exclusive. The Village grants the exclusive right to perform the Services set forth in this
Agreement. The Village agrees that it will not allow anyone other than Contractor to lease carts to
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residents or engage in the collection of residential waste or recyclables within the Village
IV. MUNICIPAL LOCATIONS AND SPECIAL EVENTS
Contractor shall provide the Village with the following services at no additional charge:
a. Village Requested Clean Ups – Contractor shall conduct curbside clean ups for activities
including but not limited to illegally dumped refuse, code violations, foreclosures and emergencies as
determined by the Village, The Contractor will determine the appropriate method and time for the
clean ups so long as said waste is non-hazardous and is within the scope of this Agreement at no
additional cost to the Village.
b. Public Building/Areas Collection – Contractor shall be required to collect Acceptable Waste
and Recyclable Materials via commercial containers, provided by the Contractor, once per week at
no cost from the following locations:
i. Arboretum Golf Course, 401 Half Day Road
ii. Arboretum Maintenance Building, 451 Half Day Road
iii. Buffalo Grove Golf Club, 48 Raupp Boulevard
iv. Buffalo Grove Maintenance Shop, 454 Old Checker Road
v. Buffalo Grove Metra Station, 825 Commerce Court
vi. Fire Station #25, 505 W. Dundee Road
vii. Fire Station #26, 109 Deerfield Parkway
viii. Fire Station #27, 100 Half Day Road
ix. Police Department, 46 Raupp Boulevard
x. Public Works, 51 Raupp Boulevard
xi. Village Hall, 50 Raupp Boulevard
c. Special Events – the Contractor shall provide roll-offs and carts to the Village each year for
special community events including but not limited to the following:
i. Buffalo Grove Days – fifty (50) 96-gallon wheeled carts for garbage, twelve (12) 8-yard
containers for trash, two thousand (2,000) plastic toter bags for garbage, fifty (50) 96-
gallon recycling carts, one thousand five hundred (1,500) recycling bags, and two
(2)20-yard containers. 8-yard containers are to be emptied every morning of the
event no later than 7:30 a.m.
ii. A Fine Arts Festival or similar event
iii. National Night Out
iv. July 4th Fireworks
v. Farmers Market/Environmental Fair
d. Roll Off Services – the Contractor shall provide 20-yard or 40-yard roll offs as available by
the Contractor to the Village at no additional charge. The Village must provide the Contractor with at
least 48 hours’ notice for placement of these containers.
V. FEES AND PAYMENTS
a. Service Fee per Residential Unit. The fees to be paid by each Residential Unit to Contractor
for all services provided in this Agreement for the period of May 1, 2019 through April 30, 2024, are
listed on Exhibit C. In addition, Contractor shall add to its charges the applicable SWANCC fee, as
adopted by the Village that will be collected by the Contractor and paid to the Village.
b. Invoices and Payment. Contractor will perform the billing and collection of fees from each
Residential Unit within the Village. Contractor will individually invoice each Residential Unit within
the Village on a quarterly basis in advance for the services to be provided herein. Payments shall be
due within thirty (30) days of billing. The maximum interest permitted by law shall be applied to
balances due and unpaid after more than fifteen (15) days beyond the due date.
c. Payment of SWANCC Fees. The Contractor shall, on a monthly basis, pay to the Village an
amount equal to the monthly SWANCC fees it has collected as a result of its last monthly invoices.
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d. Changes in Law. Notwithstanding anything to the contrary in this Agreement, Contractor may
modify the rates to account for any increase in costs due to uncontrollable circumstances, including,
without limitation, changes to local, state or federal laws or regulations, disposal or processing costs,
third party transportation costs, imposition of taxes, fees or surcharges, municipal franchise fee
increases and acts of God such as floods, fires, etc. Contractor shall provide a minimum 120 day notice
prior to changes in the costs.
VI. EDUCATIONAL PROGRAMS
Contractor will develop and distribute a service brochure to residential customers in a manner
acceptable to the Village. The brochure will detail the services provided to the residents through
Contractor. Whenever there is a change in the service or programs provided, including permanent
changes in regularly scheduled collection times, a service brochure shall be issued. The brochure shall
include a toll-free telephone number of the Contractor to be used for customer complaints as required
herein.
VII. COMMUNITY SUPPORT
By May 1, 2019 and annually by May 1 thereafter during the term of the Agreement, Contractor shall
provide to the Village a community support donation in the amount of $20,000.00 to be used for
environmental beneficial purposes as selected by the Village. Payments to the Village may be made in
quarterly installments.
VIII. DEFAULT AND TERMINATION
The failure of either Party to perform a material obligation under this Agreement shall be considered
a breach of this Agreement, and the breaching Party shall be in default. In the event of default, the
non-defaulting Party shall give written notice of the default, and the defaulting Party shall have:
(i) ten (10) days from the receipt of the notice to cure any failure to pay money under this
Agreement, or (ii) thirty (30) days from the receipt of the notice to cure any other default under this
Agreement. If the defaulting Party fails to cure the breach within the allotted time, the non-
defaulting Party may, at its option, immediately terminate the Agreement. In the event of a default,
the defaulting Party agrees to pay all damages caused by said default, to include, without limitation
reasonable attorneys’ fees and costs associated with enforcement of this Agreement.
IX. FORCE MAJEURE
Contractor’s performance of the Service may be suspended and its obligations hereunder excused
during the pendency of a cause or causes beyond its reasonable control, such as by way of example
and not limitation: acts of war, public enemy, civil disturbance, riot or disorder; epidemic or
pandemic; acts of God such as landslide, lightning, earthquake, fire, storm, the impending approach
of a storm, or flood; explosion; restraining orders, interference by civil or military authorities, strike,
statute, ordinance, government order or ruling; or other similar causes. In the event of an
occurrence of a force majeure event, Contractor shall notify the Village immediately, in writing,
describing the particulars of the circumstances preventing performance of the Service and its
expected duration. Notice shall be provided after the effect of such occurrence has ceased.
X. INDEMNIFICATION
a. Contractor agrees to indemnify, defend, and hold the Village harmless from and against all
claims and actions, suits, debts, damages, liabilities, fines, fees and costs whatsoever, including but
not limited to attorneys’ fees and costs of defense, based upon or arising out of the breach of this
Agreement, and based upon or arising out of any injuries (including death) to persons, or damage to
property or violation of any law or regulation, to the extent caused in whole or in part by the acts or
omissions of Contractor, or any of its directors, officers, employees, agents, or subcontractors, in the
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performance of this Agreement.
b. Notwithstanding any provisions to the contrary, Contractor shall not be responsible for any
damage to pavement or curbing that is the result of ordinary wear and tear during the performance of
the Service.
c. The indemnification obligations of this section shall survive the termination or expiration of this
Agreement for any reason.
d. No elected or appointed official, agent or employee of the Village shall be personally liable to
Contractor as a result of execution of this Agreement.
XI. INSURANCE
Contractor shall procure and maintain, for the duration of the Contract, insurance against claims for
injuries to persons or damages to property, which may arise from or in connection with the
performance of the work hereunder by the Contractor, his agents, representatives, employees or
subcontractors.
a. Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of
Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary,
non-contributory additional insured coverage shall be confirmed through the following required
policy endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26.
i. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the
Village named as additional insured, on a form at least as broad as the ISO Additional Insured
Endorsement CG 2010 and CG 2026
ii. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01
"Any Auto."
iii. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers'
Liability insurance.
iv. Environmental Impairment/Pollution Liability Coverage for pollution incidents as a result of
a claim for bodily injury, property damage or remediation costs from an incident at, on or
migrating beyond the contracted work site. Coverage shall be extended to provide coverage
for incidents occurring during transportation of pollutants.
b. Minimum Limits of Insurance:
Contractor shall maintain limits no less than:
i. Commercial General Liability: $5,000,000 combined single limit per occurrence for bodily
injury and property damage and $5,000,000 for personal and advertising injury. The general
aggregate shall be twice the required occurrence limit or shall apply per project. Minimum
General Aggregate shall be no less than $3,000,000
ii. Business Automobile Liability: $5,000,000 combined single limit per accident for bodily
injury and property damage.
iii. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with
statutory limits and Employers' Liability limits of $500,000 per accident.
iv. Environmental Impairment/Pollution Liability: $2,000,000 combined single limit per
incident for bodily injury, property damage and remediation costs
v. Umbrella or excess liability coverage of $10,000,000 per occurrence and in aggregate.
c. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions shall be for the account of the Contractor and paid
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entirely by Contractor without contribution from the Village.
d.Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
General Liability and Automobile Liability Coverages:
The Village, its officials, agents, employees and volunteers are to be covered as additional
insureds as respects: liability arising out of activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor; premises owned, leased or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall
contain no special limitations on the scope of protection afforded to the Village, its officials, agents,
employees and volunteers, as additional insureds.
With regard to the services provided by Contractor under this agreement, the Contractor's insurance
coverage shall be primary and non-contributory as respects the Village, its officials, agents, employees
and volunteers. Any insurance or self-insurance maintained by the Village, its officials, agents,
employees and volunteers shall be excess of Contractor's insurance and shall not contribute with it.
The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language
stating that Contractor's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
If any commercial general liability insurance is being provided under an excess or umbrella liability
policy that does not “follow form,” then the Contractor shall be required to name the Village, its
officials, employees, agents and volunteers as additional insureds
All general liability coverages shall be provided on an occurrence policy form. Claims-made general
liability policies will not be accepted.
The contractor and all subcontractors hereby agree to waive any limitation as to the amount of
contribution recoverable against them by the Village. This specifically includes any limitation imposed
by any state statute, regulation, or case law including any Workers’ Compensation Act provision
that applies a limitation to the amount recoverable in contribution such as Kotecki v.
Cyclops Welding
e.All Coverages:
No Waiver. Under no circumstances shall the Village be deemed to have waived any of the insurance
requirements of this Contract by any act or omission, including, but not limited to:
i.Allowing work by Contractor or any subcontractor to start before receipt of Certificates
of Insurance and Additional Insured Endorsements.
ii.Failure to examine, or to demand correction of any deficiency, of any Certificate of
Insurance and Additional Insured Endorsement received.
Each insurance policy required shall have the Village expressly endorsed onto the policy as a
Cancellation Notice Recipient. Should any of the policies be cancelled before the expiration date
thereof, notice will be delivered in accordance with the policy provisions.
Contractor shall comply with the reporting provisions of each policy so that coverage afforded to the
Village is not affected.
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f.Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do
business in the State of Illinois.
g.Verification of Annual Coverage
Contractor shall furnish the Village with certificates of insurance naming the Village, its officials,
agents, employees, and volunteers as additional insured's and with original endorsements, affecting
coverage required herein. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements are to be received and approved by the Village before any work commences.
h.Subcontractors
Contractor shall include all subcontractors as insured's under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be
subject to all of the requirements stated herein.
i.Assumption of Liability
The Contractor assumes liability for all injury to or death of any person or persons including
employees of the contractor, any subcontractor, any supplier or any other person and assumes
liability for all damage to property sustained by any person or persons occasioned by or in any way
arising out of any work performed pursuant to the Contract.
j.Workers' Compensation and Employers' Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Village of Buffalo Grove, its
officials, employees, agents and volunteers for losses arising from work performed by Contractor
for the municipality.
XII.PERFORMANCE BOND
Contractor shall provide the Village with a performance bond in the amount of Five Hundred
Thousand Dollars ($500,000.00) which shall be maintained in full force and effect throughout the
term of this Agreement and any extensions thereof.
XIII.MISCELLANEOUS PROVISIONS
a.Independent Contractor. Contractor shall perform the Service as an independent contractor.
Contractor, its officers, employees, agents, contractors or subcontractors, are not and shall not be
considered employees, agents or servants of the Village for any purpose whatsoever under this
Agreement or otherwise. Contractor at all times shall have exclusive control of the performance of the
Service. Nothing in this Agreement shall be construed to give the Village any right or duty to
supervise or control Contractor, its officers, employees, agents, contractors, or subcontractors, nor to
determine the manner in which Contractor shall perform its obligations under the Agreement.
b.Amendments. No amendment to this Agreement shall be made except upon the written consent
of both Parties.
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c.Entire Agreement. This Agreement constitutes the entire agreement and understanding
between the Parties hereto with respect to the subject matter and supersedes any prior and
contemporaneous agreements and understandings, express or implied.
d.Waiver. A waiver by either Party of any breach of any provision hereof shall not be taken or held
to be a waiver of any subsequent breach, whether similar or dissimilar, or as a waiver of any provision
itself. No payment or acceptance of compensation for any period subsequent to any breach shall be
deemed a waiver of any right or acceptance of defective performance.
e.Severance. In the event that any provision of this Agreement is found by a court of competent
jurisdiction to be void, invalid, or unenforceable, the balance of this Agreement shall remain in
effect and binding on the Parties.
f.Choice of Law. This Agreement shall be governed by the laws of the state where the services are
being performed, without regard to choice of law rules.
g.Assignment. Neither Party may assign its rights and obligations under this Agreement without
the prior written consent of the other Party.
h.Calendar Days and Time. Unless otherwise provided in this Agreement, any reference in this
Agreement to “day” or “days” shall mean calendar days and not business days. If the date for giving of
any notice required to be given, or the performance of any obligation, under this Contract falls on a
Saturday, Sunday or federal holiday, then the notice or obligation may be given or performed on the
next business day after that Saturday, Sunday or federal holiday.
i.No Waiver of Tort Immunity. Nothing contained in this Agreement shall constitute a waiver by
the Village of any right, privilege or defense available to the Village under statutory or common law,
including, but not limited to, the Illinois Governmental and Governmental Employees Tort Immunity
Act, 745 ILCS 10/1‐101 et seq., as amended.
j.Freedom of Information. To the extent the Illinois Freedom of Information Act (ILCS 140/1 et
seq.) (“FOIA”) applies to Contractor, Contractor agrees to comply with FOIA. Contractor agrees to
defend, indemnify and hold harmless the Village, and agrees to pay all reasonable costs connected
therewith (including, but not limited to reasonable attorney’s and witness fees, filing fees and any
other expenses) for the Village to defend any and all causes, actions, cause of action, disputes,
prosecutions, or conflicts arising from Contractor’s violation of the applicable provisions of FOIA.
k.Notice. All notices required or permitted under this Agreement shall be in writing and shall be
personally delivered, sent by certified mail, return receipt requested, or by overnight courier, with
copies to counsel for the respective Parties as set forth below:
To Village: Village Manager
Dane Bragg
50 Raupp Blvd.
Buffalo Grove, IL 60089
dbragg@vbg.org
cc: brobinson@vbg.org
cc: pbrankin@vbg.org
cc:cstilling@vbg.org
To Contractor:
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Exhibit A
Single Stream Recycling
The list of items below represents the current materials currently being accepted by WM as Recyclables. This list may expand or contract
due to market conditions.
Aluminum cans - empty Newspaper
PET bottles with the symbol #1 – with screw tops only -
empty
Mail
HDPE plastic bottles with the symbol #2 (milk, water
bottles detergent, and shampoo bottles, etc.) – empty
Uncoated paperboard (ex. cereal boxes; food and snack boxes)
Steel and tin cans – empty Uncoated printing, writing and office paper
Phone books Old corrugated containers/cardboard (uncoated)
Magazines, glossy inserts and pamphlets
Plastic containers with symbols #3-#7 – empty (no
expanded polystyrene), empty
Glass food and beverage containers – brown, clear, or green - empty
Aseptic containers Cartons
NON-RECYCLABLES include, but are not limited to the following:
Plastic bags and bagged materials (even if
containing Recyclables)
Microwavable trays
Mirrors Window or auto glass
Light bulbs Coated cardboard
Porcelain and ceramics Plastics unnumbered
Expanded polystyrene Coat hangers
Glass and metal cookware/bakeware Household appliances and electronics,
Hoses, cords, wires Yard waste, construction debris, and wood
Flexible plastic or film packaging and multi-
laminated materials
Needles, syringes, IV bags or other medical supplies
Food waste and liquids, containers containing such
items
Textiles, cloth, or any fabric (bedding, pillows, sheets, etc.)
Excluded Materials or containers which contained
Excluded Materials
Napkins, paper towels, tissue, paper plates, paper cups, and plastic
utensils
Any Recyclable materials or pieces of Recyclables less
than 4” in size in any dimension. Shredded paper okay if
in paper bag
Propane tanks, batteries
I.Additional Specifications
a.All glass containers must be empty.
b.All tin cans, bi-metal cans, and aluminum cans must be empty.
c.All plastic containers must be empty.
d.All Fiber must be dry and free of food debris and other contaminating material.
e.Tissues, paper towels or other paper that has been in contact with food is not acceptable.
II.Recyclables may contain up to 10% Unacceptable Materials, provided however, Recyclables may not:
a.Materially impair the strength or the durability of the WM’s structures or equipment;
b.Create flammable or explosive conditions in WM’s facilities;
c.Contain any type of batteries;
d.Contain chemical or other properties which are deleterious or capable of causing material damage to any part of WM’s
property, its personnel or the public; or,
e.Contain Excluded Waste as defined in the Agreement.
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III.WM and the Village shall develop and implement an education and awareness program so that the Village’s residents are
forewarned about the “tag and educate” program and so that the Village’s residents receive information on how to properly
recycle. If WM determines, with the consent of the Village, that a recycling cart “tag and educate” program is necessary, then WM
and the Village shall determine the specifics of how the program will be implemented. Key program elements to agree on are: 1)
what procedures will be followed when a cart is determined to be contaminated, and 2) what are the ultimate steps to be taken for
customers who continue to contaminate the cart. WM’s cost for the education and awareness program shall be capped at $500.00
annually. In return for WM’s responsibility for the costs of the program, the Village shall require that WM prepare and distribute a
brochure to its residents only once during the next five years, beginning in 2019, unless significant program changes are made
during the next five year period.
IV.If loads of the mixed recyclables materials do not meet WM’s specifications for acceptable recyclables or are otherwise not p roperly
segregated from the waste, WM shall have the right to reject the load in whole or in part. Similarly, WM is not obligated to collect,
remove or process the contents of a recycling cart when Non-Recyclables are present in the recycling cart in a manner consistent
with this Exhibit A. Under no circumstances shall WM be able to charge residents an additional fee for not properly segregating
recyclables
V.With the prior written consent of the Village , WM may discontinue acceptance of any category of recyclable materials as a result of
market conditions related to such materials. If such mutual agreement is reached by the Village and WM to discontinue acceptance
of a recyclable material WM shall provide written notice to the residents. Such consent will not be unreasonably withheld.
Statement of Work
The program begins when the public is informed about how to participate. Following are the elements of
the At Your Door Special Collection service and how it works.
Participant Initiates Collection
To participate, participants call our toll free number 1-800-449-7857, e-mail ATYOURDOOR@WM.COM
or go to www.WMATYOURDOOR.COM and request a collection at their home. A Operations Service
Specialist from our U.S. based operations center answers the call or online request. The participant is
asked for basic information: name, address, phone number, how they learned of the program, single or
multi-family home and an general indication of the types and quantities of home generated special
materials they want collected. The At Your Door Specialist discusses the program guidelines with the
participant, including the placement of the material on collection day. The operations support center is
available from 5 am - 5pm Pacific Time, Monday through Friday. Both English and Spanish speaking
representatives are available. An automated call system is available after hours and on holidays.
Collection Is Scheduled
The participant is provided with a date when they must place their material at the entrance door or in front
of their garage or if multi-family (only if multi-family are included in the agreement), in a safe location. That
predetermined location is noted by the Operations Support Specialist for use by the Service Technician.
The frequency of collection routes will vary depending upon demand. When programs first start and
during seasonal peaks such as spring and fall cleaning times, there is usually a higher demand resulting
in longer periods between the call and the collection.
Packaging
A collection kit will be sent via U.S. mail (or other method) to the participant, who will package the
materials and place it out on the designated collection date. The kit consists of a plastic bag, bag tie,
survey card, labels (for use as needed by participant) and an instruction sheet. The instruction sheet
reiterates the collection date and items discussed with the Operations Support Center Specialist.
Participants collect their items and place them inside the kit bag per the instruction sheet .
Should the Operations Support Center Specialist determine (during the initial contact) that the participant
requires more than one bag, the participant will, depending upon the schedule, be offered the opportunity
to have all items collected at the same time. In the event the schedule is too heavily booked at the time of
the request, the participant will be offered alternative days for collection of their materials. After a
participant receives their kit, they may contact our program again if they have more items than will fit
inside the kit bags supplied. The Operations Support Specialist will provide the participant with two
options. The first option is to keep the collection date as scheduled for the single kit. Then, a second
collection date will be scheduled and a second kit will be mailed to the participant. The second option is to
cancel the first collection date and mail the participant another collection kit. Then schedule the collection
at a later date when all of the materials can be collected at the same time. Participants will be
discouraged from requesting a collection of very small quantities, i.e., a single can of paint or only used
motor oil. Participants with only used motor oil may be directed to local collection centers. Participants
with very small quantities will be directed to combine their items with neighbors, if possible.
All containers must be labeled and they cannot leak. If a container leaks, participants are instructed to
transfer it to a non-leaking container and label it. If a container is not labeled, participants are provided
labels to place on the container. Additional instructions may apply based on applicable regulations.
Leaking containers or containers without labels will not be collected.
Exhibit B
At Your Door Service
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Collection
On the established pickup date, a Service Technician will arrive at the home during the day, inspect the
material for eligible items, and package the eligible material based upon hazard classification. All
materials must be placed outside of the home. Waste Management employees will not enter the premises
to gather or remove any material.
For single family homes, participants are directed to place their eligible home generated special materials
near the front door area or garage area, but never on public property, at the curb, street or alleyway.
In the event the materials are ineligible, e.g., unlabeled, leaking, commercial material, or listed on the
unacceptable list, the participant will be contacted and/or a door hanger will be left with instructions.
Participants are not required to be present during the collection.
Transport
Acceptable materials are transported to a transfer facility and then sent to various recycling and
processing facilities. Once the items are collected, Service Technicians work to responsibly manage it
and recycle as much as possible. Emphasis is placed on recycling, then treatment, followed by
incineration, then secure landfills.
Safety
At Waste Management, safety is a core value, a cornerstone of operational excellence. It is a philosophy
that is embedded in the way we work, the decisions we make, and the actions we take. With thousands of
trucks on the road every day, we recognize the responsibility to hold ourselves to the highest standards to
protect our customers, our employees and our communities. Waste Management’s goal is to maintain our
world-class safety record. The program has been designed with safety in mind. Each aspect of this
program has been reviewed for potential health and safety implications. This includes the materials we
do not accept and the reason on why we cannot pick up unknown items and leaking containers.
Eligible Items
In general, most ordinary household chemicals and many electronics are eligible for collection. Only items
originating from households are eligible, no business materials are allowed. Console TV’s and similar
consumer electronics, in limited amounts, are eligible unless they originate from a business. This list is
not all-inclusive and may vary depending on state and local regulations. We reserve the right to modify
the list.
The quantity of material that can be collected at any one time is limited to the items that can be placed
inside the kit bag along with designated items that may be placed outside the bag. Materials that can be
placed outside the kit bag include:
Up to 1 television, 4 vehicle batteries, 5 fluorescent tubes and/or compact florescent lamps (CFL)
One computer system consisting of one each: CPU/tower, laptop, monitor, keyboard, mouse,
and desktop printer
Up to 25 pounds of electronics with circuit boards such, as a CD ROM, VCR, DVD/CD/tape
player, cell phone, MP3 player, desktop scanner, fax machine, microwave and related cords.
Exceptions to the quantities above must be approved by the Operations Support Center in order
to insure that sufficient space is available on the truck to accommodate all scheduled stops on
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that date.
Garden Chemicals
Insect sprays/Insecticides
Weed killers
Other poisons, rat poison
Fertilizer
Herbicides
Pesticides
Swimming Pool Chemicals
Pool acid
Chlorine: tablets, liquid
Stabilizer
Automotive Material
Motor oil
Antifreeze
Waxes/Polishes
Cleaners
Brake fluid
Used oil filters
Transmission fluid
Windshield washer fluid
Hydraulic fluid
Vehicle batteries
Gasoline and Diesel fuel (must be placed in containers
designed and sold for the containment and transportation of
fuel. 10 gal. max.)
Flammable & Combustible Materials
Kerosene
Solvent
Misc. Household
Household batteries
Florescent tubes/ Compact fluorescent bulbs
High intensity lamps
Hobby glue
Driveway sealer (max. 5 gal.)
Mercury Containing Devices
Thermostats
Thermometers
Switches
Paint Products
Oil based paint
Latex paint
Stripper and thinner
Caulking
Wood preservative and stain
Sealer
Spray paint
Artist paint
Household Cleaners
Ammonia
Floor stripper
Drain cleaner
Floor cleaner
Tile/shower cleaner
Carpet/upholstery cleaner
Rust remover
Naval jelly
Sharps
(must be placed into a rigid, sealed, puncture resistant container)
Needles
Lancets
Electronics with Circuit Boards
Televisions
Computer monitors
CPU/computer tower
Laptop compute
Tablet computer
Keyboard
Mouse
Fax machine
Desktop printer/scanner
CD ROM
DVD/CD/tape player
VCR
Cell phone
MP3 player, iPod
Microwave oven
Related cords
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Ineligible Materials
Commercial material, material from businesses, and unusually large quantities of the same material are not
eligible for this program. List is not all-inclusive and will vary depending on state and local regulations. We
reserve the right to modify the list.
Biological Waste
Ammunition and Explosives
Appliances
Asbestos
Commercial chemicals
Construction related materials
Containers over 5 gallons
Fire Extinguishers
Food Waste and cooking oil
Gas cylinders/pressurized cylinders
Items that are not hazardous
Liquid mercury/Elemental mercury and broken
items that contain mercury
Materials improperly packaged for transportation
Materials in leaking containers
Medicines/pharmaceuticals
Radioactive materials, including smoke detectors
Tires
Trash, including bulky items (example: washers, dryers,
and refrigerators)
Unknown or unlabeled materials
The At Your Door program reserves the right to refuse collection of additional items not listed here. The At Your
Door service reserves the right to refuse acceptance of any items it deems excluded, a hazard or out of the scope
of the program, which is designed for the collection of home generated special materials.
Participant Surveys
A postage-paid card addressed to the sponsoring agency program manager will be included in the kit sent to
participants. The card lists several questions and is considered a “report card” mailed directly to the public
agency’s designee. In an effort to continually improve our service, we request copies of survey cards or
consolidated reports (prepared by the community program manager) be sent to Shannon Pollacchi, At Your Door
Special CollectionSM Marketing Manager at hpollacc@wm.com .
Reports
Items collected are entered into our proprietary database management system (AYDNet) by our Service
Technicians. This data assists with monitoring the program. You may request a report that provides a summary
of the materials collected, then provide that to the public agency. Your customer can track the contents of the
waste streams that are collected. Additional data can be provided in Microsoft Excel.
.
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Single Family Unit May 1, 2019 May 1, 2020 May 1, 2021 May 1, 2022 May 1, 2023
Monthly fee per residential unit for
unlimited solid waste, recycling and
landscape collection with cart
$16.25 $16.25 $17.25 $17.25 $17.25
Monthly fee per residential unit for
unlimited solid waste, recycling with
cart and landscape collection without
cart
$15.15 $15.15 $16.15 $16.15 $16.15
Multi-Family Unit
Monthly fee per residential unit for
unlimited solid waste collection in a
central container
$8.30 $8.30 $8.85 $8.85 $8.85
Monthly fee per residential unit for
unlimited recycling in a central
container
$2.00 $2.00 $2.10 $2.10 $2.10
Other Services
At Your Door Service monthly fee per
residential unit $1.40 $1.40 $1.40 $1.40 $1.40
Additional refuse service per week per
residential unit $4.75 $4.75 $5.04 $5.04 $5.04
Additional solid waste or recycling cart
per residential unit $2.50 $2.50 $2.50 $2.50 $2.50
Senior discount (65 or older)
residential unit 10%10%10%10%10%
White goods collection per item $40.00 $40.00 $40.00 $40.00 $40.00
Bulk items 1 item per week is
free plus $25.00 for
each additional item
1 item per week is
free plus $25.00 for
each additional item
1 item per week is
free plus $25.00 for
each additional item
1 item per week is
free plus $25.00 for
each additional item
1 item per week is
free plus $25.00 for
each additional item
Fall leaf assistance $10.86/cubic yard
plus $145/hour
$10.86/cubic yard
plus $145/hour
$11.51/cubic yard
plus $145/hour
$11.51/cubic yard
plus $145/hour
$11.51/cubic yard
plus $145/hour
Emergency Collection $58/ton plus
$145/hour
$58/ton plus
$145/hour
$58/ton plus
$145/hour
$58/ton plus
$145/hour
$58/ton plus
$145/hour
Additonal cart change out fee $35.00 $35.00 $35.00 $35.00 $35.00
Single Family Unit May 1, 2019 May 1, 2020 May 1, 2021 May 1, 2022 May 1, 2023
Monthly fee per residential unit for
unlimited solid waste, recycling and
landscape collection with cart
$16.60 $16.60 $17.60 $17.60 $17.60
Monthly fee per residential unit for
unlimited solid waste, recycling with
cart and landscape collection without
cart
$15.50 $15.50 $16.50 $16.50 $16.50
Multi-Family Unit
Monthly fee per residential unit for
unlimited solid waste collection in a
central container
$8.50 $8.50 $9.05 $9.05 $9.05
Monthly fee per residential unit for
unlimited recycling in a central
container
$2.10 $2.10 $2.25 $2.25 $2.25
*All prices do not include the monthly Solid Waste Agency of Northern Cook County (SWANCC) fees
Exhibit C- Pricing
Alternate Pricing without At Your Door Service
should the Village discontinue the AYD Service
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