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
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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
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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
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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
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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.
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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
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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
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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
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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
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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,
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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
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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.
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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.
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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
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BROWNING-F RIS INDUSTRIES OF
ILLINOIS, INC.
B
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Vice President