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1978-0230 ORDINANCE NO. 78- 23 0 BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois: SECTION 1. That the President and Clerk be and they are hereby authorized and directed to execute a Contract regarding residential scavenger service dated March 20, 1978, between the Village and Buffalo Grove Disposal Company, Inc., an Illinois corporation. Copy of said Contract is attached and made a part hereof.. SECTION 2. That this ordinance shall be in full force and effect from and after its passage according to law. AYES: 5 - Rech, Bogart, Marienthal, Keister, Mendenhall NAYES : 0 - None ABSENT: 1 - Stone PASSED: March 20 1978. APPROVED: March 20 1978. PUBLISHED: , 1978. ATTEST: F-65 0 i Wpm i APPROVED: g V , Village President.- RESIDENTIAL SCAVENGER SERVICE CONTRACT BETWEEN THE VILLAGE OF.BUFFALO GROVE AND BUFFALO GROVE DISPOSAL CO., INC. THIS CONTRACT made and entered into this First day of May, 1978, by and between BUFFALO GROVE DISPOSAL CO., INC., an Illinois corporation, hereinafter referred to as the "CONTRACTOR," and the Village of Buffalo Grove, an Illinois Municipal corporation, hereinafter referred to as the "VILLAGE; NOW, THEREFORE, in consideration of the promises and covenants herein contained: ARTICLE I CONTRACTOR'S DUTIES 1.0 The Contractor agrees to furnish all labor, materials, and equipment for the removal of waste and garbage from all single family, attached single family, duplex, and townhouse units in the Village. 1.1 The materials to be collected in regular semi- weekly pick ups shall include the following: a. All kitchen wastes including cans, bottles, household food, accumulations of animal food and vegatable matter attendant on the preparation, use cooking and serving of foods. b. General household trash and refuse, including cold ashes, broken down empty cartons, crates, boxes, wrapping materials, newspapers and magazines, when securely and neatly bound in convenient size bundles, cloth materials, empty cans, discarded toys, discarded clothing and similar materials. c. Discarded furniture, fixtures, household applicances, swing sets and other large and bulky items as hereinafter defined. (See Section 1.'2B) d. Yard materials including grass clippings, weeds, Christmas trees, bushes, brush clippings and branch clippings, when securely bound in bundles not exceeding four feet in length; and not to exceed 70 pounds in weight. e. Items mentioned in c and d above shall be picked up at curbside on the second pick up of the week; except grass, which is limited to ten­00) bags per regular pick up. f. Materials to be collected will not include trees., earth, sod, rocks, concrete; and refuse from re- modeling or construction of homes. 1.2 The method of collection and disposal of items covered by this contract shall be as fojlows: A. The Regular Semi.- Weekly Service. The Contractor will furnish a regular scheduled semi- weekly collection service for each single family, attached single family, duplex, and townhouse unit in the Village in accordance with a schedule to be submitted and approved by the Village Manager, using equipemnt as is prescribed in this Section (Sec. 1.2, Paragraph D, Sub- paragraph (1) All materials to be collected in the regular semi- 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 as prescribed by Ordinance,No. 76 -57 and any amendments thereto. Items such as bundles of brush, branch cuttings,. toys, securely tied bundles of paper, broken down empty cartons, crates, smaller 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 more than ten (10) containers per pick up which the resident can use to dipole of items to be collected, and the Contractor shall collect from all ten (10) which are placed out for collection. Containers shall not exceed seventy (70) pounds in weight. (2) Pick up shall be at the front curb of the residence or residential unit to be served. B. Bulk Pick.Up Service. The Contractor will furnish a bulk pick up service as a part of its regular pick up service to collect and dispose of all discarded materials and trash which are too large and bulky to handle by packer type equipment. This bulk pick up service -2- will include bulky items such as refrigerators, stoves, washing machines, dryers, freezers, hot water heaters, pianos, beds, box springs and mattresses, sofas, overstuffed furniture, swing sets, large carpets and other discarded household furniture, furnishings, fixtures and appliances. Said items shall be placed at the curb by the resident on his regular second pick up day of the week for collection, provided a call has been made to the CONTRACTOR by the resident notifying the CONTRACTOR of the bulk pick up. Said collection shall be made without additional charge for bulk items up to one cubic yard on the second pick up of the week. An additional charge to residents will be made on the basis of $3.50 per cubic yard on bulk items in excess of one cubic yard and $6.00 per appliance is to be collected from or billed directly to the resident by the CONTRACTOR. One appliance or one cubic yard of extras per week is free of any additional charges. C. Private Disposal Service. The CONTRACTOR will provide contractural service to the residents for all types of refuse material without limitation, including earth, sod, rocks, concrete, rubble and refuse from remodeling, construction and demolition of buildings, excavations and other materials, except for poisonous and toxic materials and large quantities of liquid' requiring tank truck disposal equipment. In this class of service, CONTRACTOR agrees to keep available for this service tractor loaders, trailers and other equipment 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. Anything to the contrary notwithstanding, CONTRACTOR shall not be required to enter private homes for the purpose of removing heavy items. D. Equipment to be Used by CONTRACTOR. (1) The CONTRACTOR agrees to collect all materials -3- collected during the regular semi- weekly service in fully enclosed leak -proof modern packer type trucks. (2) Equipment used for special pick up service may be open body trucks, dump trucks and similar type equipment. When open body trucks are used, the CONTRACTOR will use care to see that no litter or scattering of refuse material occurs. E. Disposal.of Garbage Refuse. The CONTRACTOR will transport all materials collected for disposal hereunder outside the corporate limits of the VILLAGE and agrees to dis- pose of and deposit same in a sanitary land fill or an incinerator and to do so in accordance with the laws of the State of Illinois and as directed by the corporate authorities. 1.3 No duty on CONTRACTOR to collect commercial or indus- trial refuse under this contract. CONTRACTOR shall not be required under the terms of this contract to collect any refuse from any com- mercial or industrial establishment, nor . any structure which does not contain residential single family, attached single family, duplex, and townhouse units. The CONTRACTOR may, at his option, contract with firms, individuals or agencies for collection service outside the scope of this contract, subject to any regulations governing private scavengers generally, and providing such operation shall not inter- fere with the satisfactory carrying out of the work under this con- tract. 1.4 Insurance. The CONTRACTOR agrees to carry insurance as follows: a. Workmen's Compensation - The CONTRACTOR shall carry in a company authorized under the laws of the State of Illinois a policy to protect himself against liability under the Workmen's Compensation & Occupational Diseases Statutes of the State of Illinois. b. Automobile Liability Insurance - The CONTRACTOR shall carry in his own name a policy under a comprehensive form to insure the entire automobile.liability for his operations with limits of not less than $250.000.00:each.person and $500,000.00 each accident bodily injury liability; and $100,000.00 each accident for property damage liability. This policy shall name the VILLAGE of Buffalo Grove as an additional insured as respects the opera- tion of vehicles owned.or operated by the CONTRACTOR. -4- 0 C. General Liability - The CONTRACTOR shall carry in his own name a comprehensive liability for his operations other than automobile with limits of at least $500,000.00 each person and $500,000.00 each accident bodily injury lia bility;$100,000.00 each accident for property damage liabil- ity. This policy shall name the VILLAGE of BUFFALO GROVE as an additional assured. 1.5 Performance Bond Required The CONTRACTOR shall furnish a performance bond for the faithful performance of this contract, 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 of one -sixth of the total compensation paid by the VILLAGE to the CONTRACTOR for the last preceeding 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 performance by the CONTRACTOR. The initial indemnity bond shall be in the amount of $47,000.00. 1.6 Provision for Telephone Calls. The CONTRACTOR shall maintain an office and telephone, toll free, for the receipt of ser- vice calls or complaints, and shall be available for such calls on all working days from 9:OO A.M. to 4:30 P.M. Any complaints must be given prompt and courteous attention, and in case of missed scheduled collection, the CONTRACTOR shall investigate; and if verified, shall arrange for pick up of said refuse within 24 hours after the com- plaint is received. 1.7 Care and Performance . The CONTRACTOR shall undertake to perform all disposal services rendered hereunder in a neat, orderly and efficient 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. 1.8 Employees Not to Drink. The CONTRACTOR shall agree to prohibit any drinking alcoholic beverages by its drivers and crew mem- bers while on duty or in the course of performing their duties under this contract. -5 ARTICLE II COMPENSATION 2.0 Compensation. The VILLAGE will pay to the CONTRACTOR for all services and labor as hereinabove stated for collection and disposal of household refuse, the sum of $5.90 per month per single family and duplex residential units; and the`sum of $4.90 per month per attached single family and townhouse units. CONTRACTOR has the right to petition the VILLAGE at any time for an increase or decrease in the monthly prices for the above mentioned units, the determination of any increase or decrease to be left entirely within the discretion of the Village Board, except as herein provided. 2.1 Adjustment of Compensation Based upon Change in Residential Units. The compensation to the CONTRACTOR shall be ad-. justed.quarterly on the basis of increase or decrease in the amount in the number of dwelling units which are billed and collected in the VILLAGE during the preceding quarter. Such computation of changes shall be made by the VILLAGE and the CONTRACTOR to be effective as of the first day of said new quarter. The CONTRACTOR shall receive for his records a copy of the VILLAGE computer billing sheets for each period as billed. Village shall continue to bill all resi- dential units under the combined water, sewer and refuse billing system currently in effect. Contractor shall pay Village $400.00 /month to November 1, 1978 and $850.00 /month as of November 1, 1978. Said cost to Village to be adjusted quarterly beginning February 1, 1979. 2.2 Adjustments to Compensation Resulting from Increases in CONTRACTOR'S Wage Cost. In the event that during this contract and computed from October lst of any year to September 30th of the following year, the CONTRACTOR'S wages to union employees directly employed in the performance of the contract shall be increased or decreased by union contract and satisfactory proof thereof is pre- sented to the VILLAGE in the same year, then the compensation to the CONTRACTOR hereunder for the next succeeding year shall be increased or decreased, as the case may be and commencing on November lst of that year, by a percentage factor equal to '880 of the average percentage- of such wage increase or decrease. It is understood that the wage -6- scale of a.driver is $8.54 per hour and $8.39 per hour for helpers as of date hereof, plus an additional $1.00 per hour for health, wel- fare and pension benefits. The term "wage" shall include base hourly wages, cost of living, health, welfare, and pension benefits. 2.3 CONTRACTOR shall, pick up all churches within the VILLAGE free of charge. 2.4 CONTRACTOR agrees to pick up the Village Hall, Village Fire,and Police Departments, and Village.Public Works Department buildings free of charge. 2.5 CONTRACTOR agrees to work with the Village Manager in experimenting in controlled areas to determine the desirability of recycling or using a "sack" system. Before adoption of any system or systems, both the CONTRACTOR and Village Manager, by mutual consent, will agree on costs involved in these projects. ARTICLE III FAILURE TO PERFORM. PROVISIONS RELATING TO NON - ASSIGNABILITY 3.0 It is further mutually agreed that in the event the CONTRACTOR shall wholly fail to collect and dispose of the garbage and all other materials required herein for any one week, the VILLAGE may then proceed with such work and deduct any and all reasonable costs from the amount hereinabove specified as payment to the CONTRACTOR for such services. 3.1 Non- assignment of Contract. The CONTRACTOR shall not assign this contract or any part thereof without the prior written consent of the VILLAGE to said assignment. ARTICLE IV TERM OF CONTRACT The initial term of the contract shall commence May 1, 1978, and end September 30, 1983, 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. The VILLAGE shall have.the option to ex- tend or renew this contract for a period not exceeding five years upon -7- notifying the CONTRACTOR in writing of its intention so to do ninety days prior to September 30, 1983. ARTICLE V OBEDIENCE TO LAWS The CONTRACTOR shall covenant and agree to comply at all times with all applicable laws, ordinances and regulations of the VILLAGE at any time applicable to the CONTRACTOR'S operations under this contract. IN WITNESS WHEREOF, the CONTRACTOR has caused these presents to be signed, pursuant to authorized grant by the Board of Directors of CONTRACTOR, by its President and its Secretary, who affixes the corp- orate seal hereon, and the VILLAGE of BUFFALO GROVE, a municipal corp- oration, 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: BUFFALO GROVE DISPOSAL CO., INC. LA PRES NT R SECRETARY ATTEST • PRESIDENT P✓La �,� VILLAGE OF BUFFALO GROVE, A Municipal Corporation VI GE CLERK VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE ,� THIS �G Zt DAY OF `1/?�� , 19701. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove,00k and Lake Counties, Illinois, this 7 day of , 197? . ���Wffl ORDINANCE NO. 78- 23 BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, a Illinois: SECTION 1. That the President and Clerk be and they are hereby authorized and directed to execute a Contract regarding residential scavenger service dated March 20, 1978, between the Village and Buffalo Grove Disposal Company, Inc., an Illinois corporation. Copy of said Contract is attached and made a part hereof. SECTION 2. That this ordinance shall be in full force and effect from and after its passage according to law. 4 AYES: 5 - Rech, Bogart, Marienthal, Keister, Mendenhall NAYES : 0 - None ABSENT • 1 - Stone PASSED: March 20 1978. APPROVED: March 20 1978. PUBLISHED: 1978. APPROVED. R Village President- ATTEST: C� Village Clerk