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HomeMy WebLinkAboutRes 36-73 12/18/1973 RESOLUTION NO. 36-73 A RESOLUTION AWARDING A CONTRACT FOR EXCLUSIVE RESIDENTIAL DISPOSAL SERVICE WHEREAS, the Village of Mount Prospect has sought to obtain competitive bids from various scavenger contractors and disposal services; and WHEREAS, Browning-Ferris Industries of Illinois. Inc. was the lowest respon- sible bidder, meeting all of the specifications required by the Mayor and Board of Trustees of the Village of Mount Prospect; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect believe it to be in the best interests of the Village of Mount Prospect that the exclusive fran- chise for residential refuse disposal be awarded to Browning-Ferris Industries of Illinois, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor be and is hereby authorized to sign and the Village Clerk be and is hereby authorized to attest that contract for exclusive residential refuse disposal service between the Village of Mount Prospect and Browning-Ferris Industries of Illinois, Inc. , which contract is attached hereto and hereby made a part hereof as Exhibit A. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: NAYS: PASSED and APPROVED this 18th day of December, 1973. . , // ",<:;.-' ~:"."~.,<,....;~<.:''z,~,,,,,"~,,::;;:',~~_>~i~~:~/.~~''~ Mayor ATTEST: EXCLUSIVE RESIDENTIAL REFUSE DISPOSAL SERVICE CONTRACT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND BR2.:t.[NING~FERRIS INDUSTRIES OF ILLINOIS~ INC. THIS CONTRACT MADE AND ENTERED INTO THIS 7th DAY OF AUGUST~ 1973~ BY AND BETWEEN BROWNING-FERRIS INDUSTRIES OF ILLINOIS~ INC., HEREINAFTER REFERRED TO AS THE iUCONTRACTOR" AND THE VILLAGE OF MOUNT PROSPECT, AN ILLINOIS MUNICIPAL CORPORATION, HEREINAFTER REFERRED TO AS THE 1iVILLAGEI' ~ NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES Al~D COVENANTS HEREIN CONTAINED, WITNESSETH: ARTICLE I - EXCLUSIVE FRANCHISE The Village shall enact all the necessary ordinances and resolutions to grant an exclusive franchise and privilege to the Contractor to be the sole Contractor for refuse collection for any and all residential units, including multi-family dwelling units~ existing within the corporate limits of the Village during the term of this contract. ARTICLE II = CONTRACTOReS DUTIES 2.0 The Contractor agrees to furnish all labor, materials and equipment for the removal of trash and refuse from all single family and multi-family residential units in the Village. The Contractor agrees to provide additional pickups per week and will supply, empty, and maintain an adequate number of fully enclosed IT~tal refuse containers for the storage of refuse at multi-fami unit buildings when required by ordi- nance, or requested by property ovmers or managers. The Contractor agrees that he will bill the property owner for this additional service~ if requested by the Village" 201 The materials to be coHec:ted in regular weekly pickups shall include the following~ a. All kitchen wastes including cans, bottles, household food@ accumulations of animal food and veget.able matter attendant on the prepara- tion, use, cooking and serving of foods, b. General household trash ,,-,no refuse, including ashes, empty cartons, crates~ boxes, wrapping materials, newspapers and magazines, when securely and neatly bound in conve:nlclIlt size bundles, cloth materials, empty cans, discarded toys, discarded clothing and similar materials. c. Discarded fU'l:nitllre~ fi.xtu',t'es, household appliances~ swing sets, and other large bulky items as hereinaf.ter defined. (See Sec. 2.2B)o d. Yard materials inclw:Hng L"a:ves, grass clippings~ we,eds, Christmas trees~ bushes~ brush clippings and branch clippings~ when securely bound in bundles not exceeding foux {I+) feet in length. e" Haterials to be col1ee-t,ed "will p..2! include earth~ sod~ rocks, concrete, refuse from :remodeling or construction of homes. Page One ~A f. Small amounts of eaT:tll, 'sod, 'Locks, and building materials resulting from do-it-yourself project$ shall be collected if placed in acceptable containers as hereinafter described in Sec. 2.2A. g. Materials from containers spilled by the waste collectors must be removed by them. All of the foregoing shall be picked up at the time of regular pickup. 2.2 The method of collection and disposal of items covered by this contract shall be as follows: ~~ The Regular Heekly Ser~. The Contractor will furnish a 1;'egular scheduled weekly collection service for each single family and multi-family unit in the Village in accordance \'-lith a schedule to be submitted and approved by the Village~ using equipment as is prescribed in this section (Sec. 2.2~ Par. D, sub.pac (1))0 All materials to be collected in the regular weekly service shall be placed in acceptable containers except for such items as are too bulky to fit in said containers, An acceptable container for purposes of this contract shall be of standard waterproof construction with handles and tight-fitting covers and shall be no larger than thirty (30) gallons in capacity. \.Jherf" containers in excess of thirty (30) gallon capacity are used -.- such as multi-family d\fJellings effective December 1, 1973 the containers shall be cl~aned at least quarterly or more often if necessary to keep them in sanitary condition. Once each quarter all containers shall be exchanged by the contractor with a steam cleaned sanitary container without additional charge. Any cleaning required more frequently than once each quarter, as deemed necessary by the Village Health Authority, shall be at the expense of the customer served, Contractor shall provide such exchange containers as necessary at reasonable rates based on time and material studies and reviewed periodically as requested by the Village.These containers shall have tight fitting lids or covers. The minimum bottom width shall be no less than thirty-one (31) inches for one (1) cubic yard containers and shall be provided with outriggers. Larger sized container shall be proportionately wider at the bottOll!, Four U+) cubic yard containers shall be no higher than forty-three (43) inches with a four (4) piece lid opening. In addition to the foregoing, whenever containers in excess of the thirty (30) gallon in capacity are used, the Contractor will furnish regularly scheduled collection service twice weekly. Waste containers provided on the street for public use as \0'e11 as those provided at all municipally-owned but1dings shall be serviced 8t no charge to the Village. Items such as bundles of brush, branch cuttings~ toys, securely tied bundles of paper, crates, empty cartons, srr~ller items of furniture and other items suitable for collection by packer..,.type equipment, shall be stacked neatly alongside of containers. (1) There shall be no limit as to the number of containers which the resident can use to dispose of items to be collected, and the Contractor shall collect all that are placed out for collection. (2) Pick-up shall be at the front curb of the residence or residential unit to be served, or, in the case of apartments, pick-up n~y be in the deqignated "garbage area" located on the premises provided that quch designatiol1 meets the prior approval of the O\VJner, ContractoTI, and Village. ' (3) The Contractor will not be obligated to service any multi..family complex with a containerized system unless said apartment owner furnishes necessary containers or signs a valid hold harmless agreement \<Jith the contractor reading as follows: "Customer acknowledges that it has care~ custody and control of equipment owned by Browning-Ferris, and accepts responsibility for the equipment except when it is being physically handled by employees of Browning-Ferris. Therefore, customer expressly agrees to defend, indemnify and hold harmless Browning-Ferris from and against any and all claims for loss of or damage to property, or injury to or death of person or persons resulting from or arising in any manner out of customerOs use, operation or possession of the equipment furnished under this Agreement." P A ry P. 1">7(' 'The Cont::.-ac ,dll furnish a bulk pick-up service as a part of its regular se:cY:l.Ge '1::'0 collect and dispose of all discarded materials and trash which are too large and bulky to handle by packer-type equipment. This bulk up will include bulky items such as ref-rigerators9 stoves, ',lashing maC~1:1;D.es$ ~ freezersg, hotvlater heaters~ pianos~ beds9 box springs and mattresses sofasw ove':t'st.uffed furnitures swing sets~ large carpets and other discarded household furniture~ furnishings 9 fixtures and items shall be placed at the curb by the resident on his fOT collect.ion. Said collection shall be made without to either the Village or the resident. The Contractor will provide contTBct'!Jal service to the residents for all s of refuse materi.al without limitation; including earth~ sod~ rocks, concrete~ rubble and reruse from the remodeling~ constructioIl i3.D.d demoliti')rl of buildings9 excavations and other materials, except for poisonous and toxic n~terials and large quantities of liquid requiring tank truck disposal equipmen 111. this class of service~ Contractor will also remove old appliances~ heavy a:nd bulky items~ etc.~ from basements~ attics, garages or wherever locatedt an~ which residents do not wish to move to the curbs themselves. Contractor agrees t.o keep available for this service tractor loaders, trailers and other equip~ went as may be necessary for the providing of this service to residents of the Village. On request, the Contractor will furnish estimates for the cost of removal of any materials on this private removal service. ,!2~.__ Eq:u~~~,Qs~d .P_y.._Con~E~cto-E_ (1) The contractor agrees to collect all materials collected during the regular weekly service in fully enclosed leak-proof modern packer- type trucks. (2) Equipment used fOT special pick-up service may be open body trucks, dump trucks and similar type equipment. ~men open body trucks are used, the Contractor will use care to se.e that no litter or scattering of refuse material occurs by suitable cov,2rlng~ .~o;;.,_pisposal of ~_~ The Contractor will transport all mate:ci61s collected for disposal hereunder without the co'.rporate limits of the V:lllB.ge and agrees to dispose of and deposit same in a sanitary landfill or an incinerator and to do so in accordance with the laws of the State of Illinois. 2 BS:...~L2E..~.9.~ tr.~f_to,!-:.J::5?'...~o]: le c 1;... c ~~~ 1_ OT ._~E.9.E_~.!:.Ei~"~ refuse u.-noer this cont-r'act. Contractor shall not be requi:red under the terms of this contract to collect any :cefuse from any commerc:Lal or indus;::'dal establishment~ nor any st:ructure '%v'hi.ch does not cont.ain residentia.l is.mi units. The Contractor mays at his optiou& contract \""ith fiJ::ms~ individua S 0:( agencies for collection service outside t.he scope of this cor~trs,ct~ ec.t to any regulat.ions gover'TJ.ing scavengers geml't'al and such operations shall not interfere with the satisfacto:r:y out of the work uudex' thJ.s contract. The ContrsctcT 2grees to carry insLJ'rance as follows: a. Wor1-ane!l~s Compensation "' The Contracto'!' shall can:y in a company autho'dzed under the laws of the State of Illinois a policy to protect hims(,lf against liability under the Workmen I s Compensation G. Occupational Diseases Statutes of t.he Stat.e of 11li'rwis" Page Three b~, A.utornobile Liability InsUratlCe - The Contractor shall ca".rry in his own name a policy under a comprehensive form to lnsure t~le entire automobile liability for his operations with limits of not less than $100,000 each person and $300,000 each accident bodily injury liability and $100,000 each accident for property damage liability. This policy shall name the Village of Mount Prospect as an additional insured as respects the operation of vehicles owned or operated by the Contractor. c. General Liability'. The Contractor shall carry in his OvID name a comprehenslve liability policy for his operations other th,EHl automobile with limits of at least $100,000 each person and $300,000 each accident bodily injury liability, $100,000 each accident for property damage liabilit.y. 5 The Contracto"r shall furnish a performance bond for the faithful performa'.nc::: of this contrac said bond to be executed by a responsible surety company and to be in the penal sum equal to one-sixth the estimated amount of the contract for the first year of this contract~ and for each year thereafter to be in the penal sum one-sixth of the total compensation paid by the Village to the Contractor for the last preceding year of this contract. Said performance bond shall be furnished annually by the Contractor for each year of the contract~ and shall indemnify the Village against any loss resulting from any failure of performanee by the Contractor, The initial indemnity bond shall be in the amount of $~Q..:; g"q _,~_" 2 < 6 Provision for Te!~J?ho!l~_..S;:a~. The Contractor shall maintain an office and telephone, toll free, for the receipt of service calls or complaints, and shall be available for such calls on all working days from 8;00 A.M. to 4;30 P.M. Any complaints must be given prompt and courteous attention~ and in case of missed schedtded collection, the Contractor shall investigate; and if verified~ shall ar;::ange for pick-up of said refuse within 24 hours after the complaint is received. 2,7 Care and Performance. The Contractor shall undertake to perform alr-disposal~nder€d hereunder in a neat~ orderly and effi= cient manner, to use care and diligence in the performance of this contract., and to provide neat, orderly and courteous employees and personnel on its crews. 208 !!!:!pJ.oyees Not to,Q,Eink. The Contractor shall agree to prohibit any drinking of alcoholic beverages bv its drivers and crew members while on 01:' in the course of performing their duties under this contract. 2.9 Indemnification. The Contractor shall indemnify and save harmless t~ViTlage-of'Mount Prospect against any and all damages to property or injury to or death of any person or persons, including property and employees~ agents~ or invitees of the Village of Hount Prospect, and shall defend, indemnify and sav"e harmless the Village of Haunt Prospect from any and all claims, demands~ suits, actions, or proceedings of any J.::,ind or nature, including Workmen's Compensation claims~ or by anyone whaI:.:,'.:;,~",rer9 in any way resulting b:om or f"'.dsing out of the operations in corrnection herewith, including operations of sub'~contracto'rs and actions m:: o"nLssio'.ns of employees or agents or Cont"ractor or his sub~contractors. Insurance COvtcra,ge specified herein and the special c;:mditions constitute the minimum requixements and said requirements shall in no way lessen 01': limit the liability of the Contractor under the terms of this contract. Contractor shall procure a:nd 'maintain, at his own cost and eXpenS€9 any additional kinds and amounts of i.nsln:ance, in his own judgment, which may be necessary fO"J:: his proper protectio'fl in the prosecution of the work. The Contractor ag:cees that he 1;1i11 '.vell and truly save and indemnify and keep harmless~ the ol;mers against all lia.biLLty~ judgments~ costs~ and expenses "ifj-hich may in any wise come against the owners~ or which may in any wise result from carelessness or lack of ConcrB.ctC): or his agents~ employees, or workmen in any respect whatsoever, Page four ARTICLE III ~ COMPENS~rION JoO ~?y~~nsat~. The Village agrees to pay Contractor for providing the once a week curb pick=up service hereinabove described the sum of $ 3.07l<. "Ger month fo!; except as noted in paragraph 3.3, each and every single an~::~ family dwelling unit. :3. !, Initi~l .fomputaH2n..2! Amount D'Y~ Contr~~. One invoice per month will be submitted to the Village by the Contractor on the last Of month and will be paid by the Village to the Contractor not later '[,ha11 tbe 25th day of the following month. The inl Hal amount paid to the CmJt.ractm: shall be based on there being ,---1:b1.?3 __ residential dwelling units in the Village; said number of units being based upon actual r.;ou'(],t by the Village 0 0:: f1.rm 3 2 ~eLLsat,~ynEL~on~~ Services. Contractor to bill resid.eD.'" additional sums for providing the following additional services~ a. Provide sufficient containers and pick up twice per week~ $ ~ ,_____ per month per family dwelling unit. b. Provide sufficient containers and pick up three times per week: $ __~50 _ per month per family dwelling unit. c. Provide sufficient containers and pick up four times per week: $ 2.00 per month per family dwelling unit. do Provide sufficient containers and pick up five times per week: $ 2.50 ___'~- per month per family dwelling unit. e. Provide sufficient containers and pick up six times per week: $ ...1..d2.. ___,.,~._ per month per family dwelling unit. (Note: HSufficient containers" is ch::;fined as one (1) cubic yard container for each four (4) apartment units per week for two (2) times a week service. More frequent pickup per week will be adjuste.d proportionately.) 3.1. Ad] 1.:!E.. tment of C<?mpen~~t.,i.~2g Based Upon Change .,in Service. At any time within 13 months from initial date of contract the Village has the option to convert to a bag system. The cost per unit of refuse collection will be reduced by 10% if the Village T2quires the exclusive use of bags for curb pick up. The "residents shall have six (6) months follm..Jing effective date of bag contract to convert .ham use of garbage cans to exclusive use or garbage bagso ~ ~Jdl1f,!3j:met~!:_of Com~E~.:I:.;;;!~;,2:._13ased upon Chan~,"~_~idential Uni~o The compensation to the Contract.or 8118,n be adjusted quarterly on t.he basis of increase or decrease in the number of dV:Jelling units in the Village during the preceding quarter. Such computatioll of changes in the number of residential units shall be made by the Contractor: and reported in writing to the Village for its review and approval~ within (30) days following the close of each quarter, the changes in compensatJ.;)rl to the Contractor to be effective as of the first day of said ne'.'17 quartcI" It is the intention of the parties hereto that the Village shall not the Contractor for additional dwelling units until the beginning of :i D.'2W quarterly adjustment date; nor 'lrJill tl'."e amount of mont.hly compensaLloD tie diminished fO]: dwellings demolished O'l::' disannexed until the beginning O"f D, n,~;v.J quarterly adjustment date. ~ Aqius,:0[le!~,~,~, ,:S,:~,~S;!D:.E~~:i::~,:s.,~~!:;is:,:~,.Resul t:in~_ f:r~#.Elc.r~ase s 2! . Desrea~ in Contractor's Wao-e Cost, In the2~\l'en;;' that during the existence of this - ._._-,~,-_.~ contract~ the Contractor is required union contract to adjust wages paid to its employees performing th,e labo'!: of ga,'::bage and trash removal se:cvice wi thin the Village, then the (it.it.e of said adjustment~ the compe'i1sation paid to Contractor will be adjus Cont.ractorls compensation will be adjusted to reflect the actual adjustment .,,' wages. Contractor shall provide proof to verify the ustmen,t provided fo;: b'3rein. Said cur1:'ent union contract is Five attached hereto and made a part of this agreement as Exhibit A. Said Exhibit A sets forth the wages Contractor is presently paying its employees providing this service. Contractor represents and warrants that wage adjustments, if any, shall be in full compliance with the rules and regulations promulgated from time to time under the Economic Stabilization Act of 1970 and amendments thereto~ and/or such other applicable legislation that may be enacted from time to time. ARTICLE IV FAILURE TO PERFORM. PROVISION RELATING TO NON-ASSIGNABILITY 4.0 _In the event the Contractor in any way shall fail to collect and/or dispose of the garbage and all materials as required of it herein for anyone week: a. The Contractor shall give immediate notice to the Village of such failure in writing stating therein the reasons for such failure; b. The Village may then proceed with such work itself or cause such work to be undertaken by a third party, and the Village shall have the right to bill the Contractor for all costs incurred by it by reason of such failure of the Contractor to perform; c.Wl1erefore the Contractor shall pay such costs to the Village, or shall allow the Village to deduct such costs from any payment to the Contractor for past services rendered which may be due and oweing. 4.1 In the event that any failure or alleged failure on the part of the Contractor to substantially collect the material herein provided to be collected and disposed of by the Contractor shall continue for a period of more than 15 days, and provided such failure shall not be due to strikes, catastrophe, act of God or other causes beyond the Contractoris reasonable control, then the Village, at its option may continue to proceed according to the steps set forth in paragraph ~ 8ud ~ of Section 4.0 hereinabove; and the parties shall immediately proceed to refer whatever issues exist to arbitration, an arbitrator to be appointed by the Village, one to be appointed by the Contractor, and a third to be selected by the two arbitrators so desig- nated, and if earnest and bona fide effort at arbitration fails to resolve said issue, then after a period of 15 days subsequent to the date either party shall have first appointed its arbitrator and shall have so notified the other party, or upon the expiration of any extension of said 15 days which shall be mutually agreed to, either party hereto may proceed to legal determination of said issue, including determination as to breach of contract, termination of contract and loss, damages or other rights or remedies to which such party may be legally entitled. 4.2 In any event, the Contractor shall not be paid whenever it shall have failed to perform the work and provide the services as required of it in the agreement -- even if such failure is caused by events or occurences of a nature commonly known as "force majeure". 4.3 No Assignment of Contract. The Contractor shall not assign this contract or any part thereof without the prior written consent of the Village to said agreement. ARTICLE V " Term of the Contract. The initial term of this contract shall be for five (5) years commencing _____August 1, 1;.973 and ending July 31, 1978 unless the contract is terminated at an earlier date by the Village for reasons of non-performance or violation of the terms of the contract by the Contractor, or by the Contractor in the event of non-payment. At the expiration of the initial term, and for two renewal terms thereafter, this contract shall be considered to be automatically renewed for additional five (5) year terms, unless either party shall notify the other party in writing, not less than six(6)monthsdays prior to the expiration of the current term, that the notifying party does not wish to renew for an additional term. ARTICLE VI The Contractor shall covenant and agree to comply at all times with all proper , laws, ordinances and regulations of the Village at any time properly applicable to the Contractor's operations under this contract. Page Six IN WITNESS WHEREOF, the Contractor has caused these presents to be signed, pursuant to authority granted by the Board of Directors of Contractor (a certified copy of such authorization shall be filed with the Village Clerk within fifteen (15) days of the date of this agreement), by its President and its Assistant Secretary, who affixes the corporate seal hereon, and the Village of Mount Prospect, a municipal corporation, pursuant to authority of the President and Board of Trustees directing the execution of this contract, has caused these presents to be signed by the President and attested by the Village Clerk, who affixes the official seal hereon, all on the day and year first above written. ATTEST: ATTEST: VILLAGE CLERK PRESIDENT PRESIDENT VILLAGE OF MOUNT PROSPECT, A MUNICIPAL CORPORATION Page Seven