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.
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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