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HomeMy Public PortalAboutResolution 1120RESOLUTION NO. 1120 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A TWO-YEAR CONTRACT EXTENSION FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND OTHER MATERIALS WITH BROWNING-FERRIS INDUSTRIES OF ILLINOIS, INC. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: I: That the Village President and Village Clerk are hereby authorized to execute a two-year contract extension for the collection and disposal of garbage and other materials with . Browning-Ferris Industries of Illinois, Inc. PASSED THIS 18 DAY OF September, 1gg5. VILLAGE C RK APPROVED THIS 18 DAY OF September ,1.995. - ATTEST: VILLAGE ERK _. PRESI ENT t TWO-YEAR AGREEMENT FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND OTHER MATERIALS WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF PLAINFIELD This Agreement made this ~ day of September 1995, between the VILLAGE OF PLATNFIELD, an Illinois Municipal Corporation, hereinafter referred to as "Village" and BROWNIN(3- FERRIS INDUSTRIES OF ILLINOIS, INC. a Delaware corporation authorized to do business in the State of Illinois, hereinafter referred to as "BFI". W T T N E S S E T H WHEREAS, the Village of Plainfield, Illinois, is an Illinois Municipal Corporation organized and existing under the laws of the State of Illinois; and WHEREAS, the corporate authorities of said Village believe it to be the best interest of the Municipality to provide for a uniform service of refuse, landscape waste or yard waste, recyclables or recyclable materials and large items collection wi.th~.n said Village; and WHEREAS, BFI, represents that it is a Delaware corporation, authorized to do business in the State of Illinois and is actively engaged in the business of refuse, landscape waste or yard waste, recyclables or recyclable materials and large items collection within the County of Will; and WHEREAS, the Village desires said BFI to collect refuse, landscape waste or yard waste, recyclables or recyclable materials and large items at residential dwella.ngs within the 1 corporate limits of the Village; and WHEREAS, SFI, desires to collect the refuse, landscape waste or yard waste, recyclables or recyclable materials and large items at the residential dwellings within said Village pursuant to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the parties mutually agree as follows: 1. HFI agrees to collect and dispose of all refuse, landscape waste or yard waste, recyclables or recyclable materials and large items as hereinafter defined or described, from all residential dwellings within the corporate limits of the Village of Plainfield, as now exists or may exist, at least once each week. F'or the purpose of this Agreement, the following terms shall be defined as follows: A. Residential Dwelling Unit. The term "residential dwelling unit" as used herein shall mean any habitable room or rooms located within a dwelling unit and used as a single habitable unit with facilities which are used or are a.ntended to be used for living, sleeping, cooking and eating, within the corporate limits of the Village. Each individual residential dwelling unit within a townhouse or condominium residential building unit shall come within the terms and provisions of this Agreement. However, all multi- family residential units consisting of three (3) residential units or mare, except for the Lakelands and Winding Creek 2 Subdivisions, shall not be subject to this Agreement. However, the Village reserves the right to add subdivisions and sites during the term of this Agreement. B. Refuse. All household and kitchen wastes, such as discarded food or food residues and paper necessarily used for wrapping same, aluminum/tin cans,. bottles, books, newspapers, boxes and cartons, providing all such materials are of a size sufficiently small to permit being placed in a thirty-three (33) gallon container and not left in piles on the ground. C. Lame Ttems. Furniture, and large household goods, (to include but not limited to ranges, televisions, microwaves, refrigerators, dishwashers, washing machines, dryers, room air conditioners, freezers, water heaters, rolls of carpet (no more than eight feet (8') in length), automobile tires and wheels, home remodeling and repair construction materials, provided such repair construction material items are put in suitable containers or in bundles not exceeding four feet (4' ) in length and not weighing aver sixty pounds (60 lbs.) per container or bundle. ~. Rec clables or Rec clable Materials. At a minimum, newspaper, aluminum cans, steel and bi-metal cans, glass bottles and containers, clear high density polyethylene (HOPE) plastic containers, and polyethylene terepthalate (PETE) plastic containers. Additional materials should also contain gray paper. The Village reserves the right to 3 request additional recyclable items to be collected upon mutual agreement with bidder. E. Landscape Waste or Yard_ Waste. Grass, garden clippings, brush, leaves, tree clippings and other materials accumulated as the result of the maintenance of lawns, gardens (both vegetable and flower), shrubbery, vines, and trees. F. The Village of Plainfield is to receive garbage removal service at no charge. 2. The Village and BFI do hereby agree that for and in consideration of the collection of refuse, landscape waste or yard waste, recyclables or recyclable materials and large items, the Village shall be responsible for the billing and collection of payments from each individual residential unit and that the charges for such services shall be as follows: A. From August a., 1995 to July 31, 1996, BFI shall charge $7.58 per month for each residential dwelling unit. B. From August 1, 1996 to July 37., 1997, HFI shall charge $7.58 per month for each residential dwelling unit, with an increase not to exceed 5.0%. 3. BFI agrees to commence its service on the 1st day of August, 1995. 4. During the term of this Agreement, BFT does hereby expressly agree to comply with. the following rules and regulations: A. BFI shall collect and remove from every premise used as 4 a residential dwelling unit as herein defined, all refuse, landscape waste or yard waste, recyclables or recyclable materials and large items as hereinafter defined in Paragraph 1 of this Agreement, that may be produced or exists upon such premises, not less than once each week, except that landscape waste or yard waste shall be collected from April 1st through December 15th. In.addition thereto, all owners of residential dwelling units are entitled to the following items being collected on their regular collection day from the normal place of collection: discarded furniture, appliances, mattresses, beds, bedsprings, tables, chairs, washers, dryers, refrigerators, stoves, trees, branches, roots, stumps and brush and shrubs and any other household items; provided that in no event shall the occupant of the single family residential dwelling deposit more than one of the aforementioned solid waste items for collection on any single collection day. Brush, shrubs or limbs of trees shall be collected; provided that the limbs shall be bound in lengths not to exceed four (4) feet and provided further that no single piece within such bundle shall exceed three (3) inches in diameter. Also, said bundles shall not exceed sixty (60) pounds in weight and shall be bound by securely by jute string. All such collections of refuse, landscape waste or yard waste, recyclables or recyclable materials and large items shall be made at the curb in front of each home or in the alley. 5 B. BFT shall secure and provide a disposal area of sufficient size to assure adequate disposal for the length of the Agreement. All refuse, landscape waste or yard waste, recyclables or recyclable materials and large .i.tems collected by BFT shall be the property of said BFI, when placed in BFT's collection vehicle, removed by BFT from a bin or container, or removed by BFT from the residential dwelling unit premises, and shall not be dumped or otherwise disposed of at any place within the corporate la,mits of the Village. C. BFI, shall once a week in addition to its other obligations under this Agreement, agree to collect and dispose of all newspaper, mixed paper, phone books, chipboard, cardboard tin cans, aluminum cans, aluminum foil, bi-metal cans, aerosol cans, paint cans, PETE (#1) plastic, HDPE (#2) plasta.c, PS (#6) plastic, 6 and 12 pack rings, glass bottles and jars, paper grocery bags, and aseptic packages (juice boxes, milk cartons, etc.) and such other recyclable items as by mutual agreement have been included in the Village's Curbside Recycling Frogram and deposited at curbside by householders in the recycling container which has been provided for tha.s purpose. Such containers shall consist of a "blue bag" yr ridged container supplied by BFT . Furthermore, BFT is to provide such a cantainerr to any resident who desires same at no cost. Collections of recyclable materials shall be on the same day as the regular 6 designated trash collection. After July 31., 1997, ownership of any and all recycling bins supplied by BFI, shall became the sole property of the Village. D. Whenever a garbage pick-up day shall fall, on a Holiday, such pick-up shall be made on the ensuing working day. E. BFI shall use for such collection a compaction type truck with completely enclosed holding body which is leak proof. Such trucks, vehicles and equipment used in collection and disposal of refuse, landscape waste or yard waste, recyclables or recyclable materials and large items shall be maintained at all times in a safe and sanitary condition. BFI agrees to maintain at all times all necessary trucks and equipment required for the purposes set forth in this Agreement and an adequate force of men to operate the same. Should the Village experience a substantial increase in service requirements which in the opinion of the Village requires additional trucks and equipment over and above that which is originally required herein, then such equipment shall be furnished by BFI within sixty (60) days after written notice of such request furnished by the Village to BFI. Such additional equipment shall be operated and maintained by the contractor under the same terms and conditions, as the originally required equipment provided for herein, and all the requirements and obligations of BFI with respect to the operation and maintenance thereof shall apply to such additional equipment 7 the same as if it were originally required. F. BFI agrees that all collections shall be accomplished with all possible regard to the protection of the health, safety and welfare of the residents of the Village and that any liability resulting from the collection or disposal of refuse, landscape waste or yard waste, recyclables or recyclable materials and ,large items shall be the sole responsibility of BFI, and that in the event the Village is required to defend itself in a court of law, as a result of the negligent acts or omissions or willful misconduct of BFI, its agents or employees, said BFI shall indemnify and reimburse the Village for all damages incurred by it, including court costs and reasonable attorney's fees. G. BFI shall be required to maintain a permanent office provided with telephones and such office attendants as may be necessary to receive complaints or orders for special services. H. The time of collection shall begin na earlier than 6 O'Clack A.M. and shall be completed by 7:00 O'Clock P.M. Collection day may be any day between Monday and Friday. 5. All refuse, landscape waste or yard waste and large items removed by BFT shall be properly and lawfully disposed ,of in a sanitary landfill approved by the Illinois Environmental Protection Agency and in conformance with the then existing policies and guidelines as established by said agency. BFI shall also dispose of all recyclables and recyclable materials in a 8 recyclable material processing facility, approved by the Illinois Environmental Protection Agency and in conformance with the then existing policies and guidelines as established by said Agency. 6. BFI shall pay all expenses and costs in connection with the collection and dumping or disposal of such refuse, landscape waste or yard waste, recyclables or recyclable materials and large items and shall pay all wages, insurance, taxes or other compensations of all persons engaged in this occupation under this agreement. 7. BFI shall provide and maintain during the term of this Agreement, Workmen's Compensation Insurance in the required statutory amount for all of its employees employed for the purpose set forth in this Agreement, and, in case any work is sublet, BFI shall require the subcontractor similarly to provide Workmen's Compensation Insurance £or all the subcontractor's employees unless such employees are covered by the protection afforded by BFI. In addition thereto, BFI, shall provide and maintain during the term of this Agreement, such public liability and property damage insurance, naming the Village of Plainfield as additional insured to the extent of BFT negligence, itself and any subcontractor performing work covered by this Agreement, from claims for damages for bodily injury and/or property damages which may arise from the operations of this Agreement, whether such operations under this Agreement be by itself or any subcontractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as 9 follows: A. Public Liability Insurance in the amount not less than TWO MILLION DOLLARS ($2, 000, 000.00) for injuries to any one person. B. Public Liability Insurance in an amount not less than THREE MILLION DOLLARS ($3,000,000.00) for any one accident. C. Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($x.,000,000.00). 8. SFI agrees to provide the Village with a certificate of insurance evidencing the fact that such insurance is in force with a clause which shall provide ten (10) days notice to the Village in the event that the insurance company or BFI does not obtain satisfactory insurance within such ten (10) days period, the Village shall have the right to obtain such insurance with all costs of the same to be paid by HFI. 9. BFI,. agrees to maintain all safety requirements in accordance with the State of Illinois and Federal Occupational Safety and Health Act requirements. 10. SFI shall immediately investigate all complaints concerning the collection and disposal of refuse, landscape waste or yard waste, recyclables or recyclable materials and large items upon receipt thereof and report said complaints along with the results of the investigation to the Village within seven (7) days of the receipt of the complaint. 11. Nothing provided in this Agreement shall be construed to prevent BFI from contracting separately with any owner, occupant, lessee or person in control of any premises in the Village from the collection and removal of all waste materials, io substances or waste not regulated by this Agreement, nor shall this Agreement prevent BFI, from negotiating directly with any property owner or tenants ox tenant of premises for the collection and disposal of refuse, landscape waste or yard waste, recyclables or recyclable materials and large items in excess of the basic minimum requirements as provided by the Village; provided that the Village shall not be responsible for the billing or collection of any monies for garbage services in excess of the minimum requirements set forth in this Agreement. ].2. The parties mutually agree that every occupant, owner, agent or tenant in possession of any residential dwelling unit, as defined in Paragraph ~. of this Agreement, shall at all times maintain in good order and repair a container or containers for garbage of not less than twenty (20) gallons nor more than thirty-two gallons, or any other containers as approved by the Board of Trustees of the Village. In addition, every occupant, owner, agent or tenant shall be required to place all yard clippings or brush in a Kraft paper yard waste bag not to exceed thirty (30) gallons in size, a container to be used exclusively for yard clippings and brush. 13. All terms and conditions of this Agreement are considered material and failure to perform any of said conditions on the part of BFI shall be considered a breach of said Agreement . BFI shall be considered to be in breach in the event that any of the following should occur: A. Shall fail to collect refuse, landscape waste or yard waste, recyclables or recyclable materials and large 11 items from any combination of twelve or more single family and multi-family dwellings for a period of two consecutive weeks. B. Failure to reasonably comply with any of the specifications of this Agreement. 14. BFI shall comply with all Village ordinances that are now in effect or that may hereafter be adapted after the date of the execution of this Agreement. 15. BFT shall not assign or sublet all or any portion of its rights, duties and obligations under the terms of this Agreement unless it receives written consent of the Board of Trustees of the Village. BFI alone shall be responsible for the full and faithful performance of this Agreement, subject to the provisions of its performance bond. 16. Far the purpose of securing performance by HFI of the terms and provisions of this Agreement, BFI shall provide the Village with a bond or irrevocable Letter of Credit in the amount of FIFTEEN THOUSAND DOLLARS ($15,000.00), which shalh be subject to the approval of the Village Attorney as to substance and farm. 17. The Village Administrator shall update the number of houses services as occupancy permits are issued and shall so advise BFI, provided that in the event said Village may miscalculate the number of residences during such update, such miscalculation shall not be considered a material breach of the terms and provisions of this Agreement. 18. Payment by .the Village far services rendered herein shall be made within forty-five (45) days following the month services were rendered. 12 19. The Village hereby agrees to waive all, license or permit fees, as now provided, or as may hereinafter be provided for BFI during the term of this Agreement. 20. The parties mutually agree that this Agreement does not grant an exclusive franchise or right to BFI regarding the collection and disposal of refuse, landscape waste or yard waste, recyclables or recyclable materials and large items at commercial and industrial sites located within the corporate limits of the Village of Plainfield. 21. All notices provided for in this Agreement shall be in writing and de~,ivered personally or by regis~.ered mail to the respective parties at the following addresses: T0: The Village of Plainfield c/o Sue Janik, Village Clerk 1400 Division Street Plainfield, Illinois 60544 T0: BROWNING-FERRIS INDUSTRIES OF ILLINOIS, INC. F.O. 1537 Aurora, Illinois 60507 22. It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Illinois both as to interpretation and performance. 23. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by courts held to be illegal or in conflict with any law of the State of Illinois, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the parties shall be enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 13 24. This Agreement shall enure to the benefit of and be banding upon the hears, executors, administrators, assignees and successors of the respective parties. 25. BFI agrees to provide dumpster service at no additional cost to the Village of Plainfield for the Village's Spring Clean- Up, Strawberry Fest and Plainfield Fest. 26. BFI shall not be liable for the failure to wholly perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, act of God or other similar or different contingency beyond the reasonable control of BF2. IN WITNESS WHEREOF, the parties have executed this Agreement at Plainfield, Wall County, State of Illinois, on the day and year first above written. VILLAGE OF PLAINFIELD BY: Jo n E. Peterson, P esident ATTEST: . rSue Janik,~ Village Clerk I BROWNING-F RIS INDUSTRIES OF ILLINOIS, INC. B 14 Vice President