1983-017•
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RESIDENTIAL SCAVENGER SERVICE CONTRACT BETWEEN
THE VILLAGE OF BUFFALO GROVE
AND
BUFFALO GROVE DISPOSAL COMPANY, INC.
This Contract made and entered into the fourth day of April, 1983, by
and between Buffalo Grove Disposal Company, Inc., a wholly owned subsidiary of
Waste Management, Inc., hereinafter referred to as the "CONTRACTOR," and the
Village of Buffalo Grove, an Illinois Municipal Corporation, hereinafter refer-
red to as the "VILLAGE;"
contained:
Now, therefore, in consideration of the promises and convenants herein
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 dwelling units in the VILLAGE.
1.1 The materials to be collected in regular semi - weekly pickups
shall include the following:
A. All kitchen wastes including cans, bottles, household food,
accumulations of animal food and vegetable 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 mate-
rials.
C. Discarded furniture, fixtures, household appliances, swing
sets, and other large and bulky items hereinafter defined (See Section 1.2,
Paragraph B).
D. Yard materials, including grass clippings, weeds, Christmas
trees, bushes and bush clippings, branches and branch clippings, when securely
bound in bundles not exceeding four (4) feet in length; and not exceeding
seventy (70) pounds in weight each.
E. Items mentioned in C. and D. above shall be picked up at
curbside on the second pickup of the week, except grass. The limit to the
number of bags is ten (10) bags per regular pickup.
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F. Materials to be collected will not include trees, earth, sod,
rocks, concrete and refuse from the remodeling or construction of serviced
dwelling units.
1.2 The method of collection and disposal of items covered by this
Contract shall be as follows:
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 dwelling unit in the VILLAGE in
accordance with a schedule to be submitted and approved by the Village Manager,
using equipment as is prescribed in this Section (Section 1.2, Paragraph D,).
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 thereof.
Items such as bundles of brush and brush clippings, branches and
branch clippings, toys, broken down empty cartons, crates, newspapers and
magazines, smaller items of furniture, and other items suitable for collection
by packer type equipment shall be bound as required and stacked neatly alongside
the containers.
1. There shall be no more than ten (10) bags or containers per
regular pickup which the resident can use to dispose of the items to be collect-
ed, and the CONTRACTOR shall collect from all ten (10) bags or containers which
are placed for collection. Bags or containers shall not exceed seventy (70)
pounds in weight each.
2. Pickup shall be at the front curb of the residence or res-
idential unit to be served.
B. Bulk Pickup Service. The CONTRACTOR will furnish a bulk pickup
service as a part of its regular pickup service to collect and dispose of all
discarded materials and trash which are too large and bulky to be handled by
packer type equipment. This bulk pickup service 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 or appliances,
furnishings, and fixtures. Said items shall be placed at the curb by the
resident on his second regular pickup day of the week for collection, provided a
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call has been made to the CONTRACTOR by the resident notifying the CONTRACTOR of
the bulk pickup. Said collection shall be made without additional charge for
bulk items up to one cubic yard on the second regular pickup of the week. An
additional charge to residents will be made on the basis of $4.50 per cubic yard
on bulk items in excess of one cubic yard and $10.00 per appliance as 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 contractual
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 or 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. The CONTRACTOR agrees to
collect all materials collected during the regular semi- weekly service in fully
enclosed leak -proof modern packer type trucks.
Equipment used for special pickup 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 and Refuse. The CONTRACTOR will transport all
materials collected for disposal hereunder outside of the corporate limits of
the VILLAGE 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, any United States governmental agencies, and as directed by the
corporate authorities of the VILLAGE.
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The VILLAGE reserves the right now and in the future to claim title to
the garbage and waste stream that is generated within the VILLAGE for the
purpose of possible direction of such garbage and waste to any and all regional
or sub - regional disposal sites as directed by the corporate authorities of the
VILLAGE.
1.3 No Duty on CONTRACTOR to Collect Commercial or Industrial Refuse
Under This Contract. CONTRACTOR shall not be required under the terms of this
Contract to collect any refuse from any commercial and industrial establishment,
nor any structure which does not contain residential single family, attached
single family, duplex, and townhouse dwelling units. The CONTRACTOR may, at his
option, contract with firms, individuals, or agencies for refuse collection
service outside the scope of this Contract, subject to any regulations governing
private scavengers generally, and providing such operation shall not interfere
with the satisfactory carrying out of the work under this Contract.
1.4 Insurance and Indemnification. The CONTRACTOR agrees to carry
insurance and provide indemnification for the VILLAGE as follows:
A. Workman's Compensation. The CONTRACTOR shall carry in a
company authorized under the laws of the State of Illinois, a policy to protect
himself against any and all liability under the Worker's Compensation & Occupa-
tion Diseases Statutes of the State of Illinois.
B. Automobile Liability. The CONTRACTOR shall carry in his own
name a policy under a comprehensive form to insure the entire automotive liabil-
ity for his operations with limits of not less than $250,000 per individual and
$500,000 per accident bodily injury liability. Also, a minimum $100,000 for
each accident for property damage liability.
C. General Liability. The CONTRACTOR shall carry in his own
name a comprehensive liability coverage program for his operations other than
automotive with limits of at least $500,000 each person and $500,000 each
accident bodily injury liability. Also, a minimum $100,000 each accident for
property damage liability.
All of the above levels of coverage are considered as minimum and
prudent business practices should dictate what levels are appropriate. For both
Automobile Liability and General Liability coverage, the policies shall name the
VILLAGE OF BUFFALO GROVE as an additional insured as respects the operation of
vehicles owned or operated by the CONTRACTOR or in the general conduct of its
business. Certificates of insurance must be filed with the Village Clerk on an
annual basis as evidence of coverage.
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D. Hold Harmless and Indemnification. The CONTRACTOR and Waste
Management, Inc. do hereby hold harmless and indemnify the VILLAGE and its
employees, officials, and agents against any and all claims, losses, injury,
damages, expenses, fees, actions and causes of actions, and costs that may be
the result from the execution of this Contract and the exercise of the VILLAGE'S
option under its prior Contract with Buffalo Grove Disposal Company, Inc. to
extend or renew that Contract that may arise during the entire term of this
Contract thereafter.
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 (1/6) the estimated amount of the Contract for the first year of the
Contract, and for each year thereafter to be in the penal sum of one -sixth (1/6)
the revenue earned by the CONTRACTOR for the last preceding Contract year. 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 revised bond must be posted
by May 1st of each Contract year.
1.6 Provision for Telephone Calls. The CONTRACTOR shall maintain an
office and telephone, for the receipt of service, billing, and complaint calls,
and shall be available for such calls on all working days from 9:00 A.M. to 4:30
p.m. Any complaints must be given prompt and courteous attention, and in case
of missed scheduled collections, the CONTRACTOR shall investigate; and if
verified, shall arrange for pickup of said refuse within twenty -four (24) hours
after the complaint 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 does hereby agree to
prohibit any drinking of alcoholic beverages and /or consumption of illegal drugs
by its drivers and crew members while on duty or in the course of performing
their duties under this Contract.
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ARTICLE II
COMPENSATION
2.0 Compensation. The CONTRACTOR shall charge for any and all
services and labor hereinabove stated for the regular semi- weekly collection and
disposal of household refuse and waste, the sum of $8.95 per month per single
family and duplex residential dwelling unit and the sum of $7.95 per month per
attached single family and townhouse dwelling unit. This rate shall be effec-
tive on May 1, 1983 and will be effective through April 30, 1984 except for the
monthly rate for attached single family and townhouse dwelling units which shall
remain effective through April 30, 1986. CONTRACTOR shall adjust his rates
effective at the beginning of each Contract year, that year beginning May 1st
during the term of this Contract.
2.1 Adjustment to Compensation Resulting from Changes in CONTRACTOR's
Costs. The CONTRACTOR shall be permitted to adjust the monthly service rates
effective each Contract year subject to the provisions of Section 2.0
hereinabove based on changes in certain cost components of CONTRACTOR's business
from the beginning of the calendar year that precedes the Contract year (Y1) to
the beginning of the calendar year that includes the beginning of the Contract
year (Y2). The components will include the CONTRACTOR's wage, health, cost of
living, welfare, and pension benefits paid to its union employees directly
employed in the performance of the Contract, the cost of diesel fuel to operate
rolling stock utilized in the performance of this Contract, and the cost of
disposal of refuse and waste at the CONTRACTOR's landfill site(s). The increase
factor will be based on a combined weighted percentage change in these three
cost components during the appropriate calendar year, beginning to ending, and
shall have a weight value of .50, .15, and .35 respectively, of any change, be
it an increase or decrease.
The formula for calculating such a percentage change for each Contract
year can be stated as follows:
Rate Change Factor = Labor Rate (Y2) - Labor Rate (Y1) /Labor Rate
(Y1)(.50) + Fuel Cost (Y2) - Fuel cost
(Yl) /Fuel Cost (Yl)(.15) + Disposal Cost
(Y2) - Disposal Cost (Y1) /Disposal Cost
(Y1)(.35)
The Rate Change Factor will be applied to the base rate then in
effect. The CONTRACTOR shall notify the VILLAGE at least sixty (60) days prior
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to the effective date of any rate increase as to the increase along with the
methodology and supporting contracts and purchasing detail to support any
change. In no case, will the percentage increase developed under the Rate
Change Factor equation above exceed the percentage increase in the Chicago
Consumer Price Index developed by the United States Department of Commerce for
the -calendar year used to _develop.such .Rate Change Factor. The CONTRACTOR must
submit to the VILLAGE cost data relative to these rate components on a quarterly
basis in detail form disclosing costs and rates paid and to whom for such
components. The VILLAGE reserves the right to have incorporated the lowest unit
costs into the Rate Change Factor equation.
2.2 Billing of Accounts. With the acceptance of this Contract, the
CONTRACTOR will begin to perform the billing and collection of fees owed it from
serviced dwelling units. The VILLAGE agrees to cooperate and assist the CON-
TRACTOR in any means permissible to insure that the collection of all funds
owned for services performed, either on a current or delinquent basis can be
undertaken and receipt assured. If deemed necessary, the VILLAGE will modify
any of its regulatory ordinances regarding health, welfare, and safety to insure
that VILLAGE residents adhere to this Contract and the services provided hereun-
der. The VILLAGE further agrees to cooperate to provide CONTRACTOR with assis-
tance regarding move -in, move -outs, or any other notification that will assist
in the execution of this Contract.
2.3 CONTRACTOR shall pickup all churches within the Village free of
charge.
2.4 CONTRACTOR agrees to pickup the Village Hall, Village Fire
Department, Village Golf Course, and Village Public Works Department buildings
free of charge. This service will include not only materials noted in Section
1.1 but from time to time materials noted in Section 1.2, Paragraph C. Proper
notice shall be given to CONTRACTOR in this regard by the VILLAGE.
2.5 CONTRACTOR agrees to work with the Village Manager in experiment-
ing 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.
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2.6 The VILLAGE may at its option request of the CONTRACTOR service
modifications not specifically stated in this Contract in Section 1.2, Paragraph
A, that paragraph defining the regular semi - weekly service structure. Service
modifications could include, but not be limited to, once a week pickup year
around and seasonal, once a week /twice a week pickup alternatives. The CONTRAC-
TOR will cooperate fully with the VILLAGE to properly determine the cost of
these services and receive agreement from the VILLAGE prior to any formal change
in service provided under this Contract.
AT1TTilT T TTT
FAILURE TO PERFORM
PROVISIONS RELATING TO NON- ASSIGNABILITY
3.0 Failure to Perform. 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 recover -any and all reasonable costs from the perfor-
mance bond hereinabove specified as to be furnished by the CONTRACTOR.
3.1 Non - Assignment of Contract. The CONTRACTOR shall not have the
right or option to assign this Contract or any part thereof without the prior
written consent of the VILLAGE to said assignment. Approval for such assignment
can only be made by the President and Board of Trustees of the VILLAGE.
ATfTTAT A TTT
TERM OF CONTRACT
The initial term of this Contract shall commence on May 1, 1983, and
end on April 30, 1986, 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. The VILLAGE shall have the option to extend or
renew this Contract for a period not exceeding five (5) years upon notifying the
CONTRACTOR in writing of its intention to do so no later than ninety (90) days
prior to April 30, 1986.
The approval of this Contract supercedes the termination dates of the
current service agreement and that agreement will terminate on April 30, 1983
rather than September 30, 1983. However, any and all reasonable cooperation
will exist between the VILLAGE and CONTRACTOR to permit a stable transition of
service changes under this Contract.
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ARTICLE V
OBEDIENCE TO LAWS
The CONTRACTOR hereby convenant and agree to comply at all times with
applicable federal, state, and VILLAGE laws, ordinances, and regulations
at any time applicable to-the CONTRACTOR'_s operations under this Contract.
IN WITNESS WHEREOF, the CONTRACTOR and Waste Management, Inc. has
caused this agreement to be signed, by their respective Presidents and
Secretaries, and the VILLAGE OF BUFFALO GROVE, 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, all on the day and year first above written.
1
ATTEST:
Villaj';& clerk
C:
BUFFALO GROVE DISPOSAL COMPANY, INC.
Yity. Presid t-% G,lh�i <A` 1
WASTE MANAGEMENT, INC.
e a resident
/J
President
VILLAGE OF BUFFALO GROVE
A Municipal Corporation
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ORDINANCE NO. 83 - 17
ORDINANCE ACCEPTING THE SERVICE CONTRACT BETWEEN BUFFALO
GROVE DISPOSAL COMPANY, A DIVISION OF WASTE MANAGEMENT
CORPORATION- ILLINOIS AND THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village of Buffalo Grove has determined that it is
advantageous to continue to maintain the contractual arrangement with
Buffalo G-ove Disposal Company to provide residential scavenger service
within the Village.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Buffalo Grove, Cook and Lake Counties, I1 1-inois,
that:
SECTION 1. That the President and Clerk be and they are hereby
authorized and directed to execute a contract regarding residential scavenger
service dated April 4, 1983, between the Village and the Buffalo Grove
Disposal Company, a division of Waste Management Corporation - Illinois.
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 and approval in the manner provided by law as
of May 1, 1983.
AYES: 5 - Marienthal, O'Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 1 - Stone
ABSENT: 0 - None
PASSED: April 4 , 1983•
APPROVED: April 4 1983.
ATTEST:
).,
"illage Clerk
age Nresident
Q �
TO: William R. Balling
FROM: William H. Brimm
DATE: March 30, 1983
SUBJECT: Refuse Contract Extension
Attached, please find for Village Board consideration and execution a
Resolution and Service Contract between the Village and Buffalo Grove
Disposal Company, Inc. /Waste Management, Inc. for refuse service
effective May 1, 1983. The Contract is basically an extension of the
prior agreement with some additional language to incorporate changes that
were identified by staff in the initial extension consideration.
Several changes or modifications that should be noted are:
Section 1.4.D Hold Harmless and Indemnification: This is a new section
that will protect the Village from any legal action that could arise
during the term of this Contract.
Section 2.0. Compensation: Establishes the rates now in effect through
April 30, 1884 with the townhouse rate constant through April 30, 1986,
Section 2.1. Adjustment to Compensation Resulting from Changes in CONTRACTOR'S T
Costs: otal revision in this section to establish an escalation formula
to go into effect on May 1, 1984. The rate components to be utilized with
the formula weighing are labor, fuel, and disposal (tipping). In all
cases, the formula increase cannot exceed the Consumer Price Index (Chicago)
for the calendar year previously ended. One aspect that should be clarified
relates to the calculation period applicable to rate adjustments, As stated,
rates can change only on May 1st of any given Contract year. The percentage
of change will be calculated based on the component unit cost on January
1st prior to the beginning of the Contract year less the component unit cost
on January 1st of the prior calendar year, This difference would be divided
by the January 1 unit component rate of the prior year. As an example, if we
were to adjust rates on May 1, 1984, the adjustment would be represented as
follows (using only the labor calculation):
Labor Cost (1 -1 -84) - Labor Cost (.1-1-83),50%
Labor Cost (1-1-83)
and so on for the remaining two components. Thts is the intent of the language
In this Section regarding term of rates,
Section 2,2. Billing of Accounts: The refuse company will now do the billing
and procedures will be developed between BGDC and the Village to assist in any way
possible that they receive fees owing them for service provided to the Community.
Signatures: Both Buffalo Grove Disposal Company, Inc. and Waste Management, Inc.
will be signatures to this Contract. This is necessary for the hold harmless
and indemnification.
William H. Brimm
VILLAGE OF BUFFALO GROVE
O
ORDINANCE NO. ,.Y 1
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE
THIS DAY OF 19 8�
V
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook and Lake Counties, Illinois,
this bl(- day of �j 19x•
t` WU-LT)i.
�Vilc 7 71 erk
t
ORDINANCE NO. 83 - 17
ORDINANCE ACCEPTING THE SERVICE CONTRACT BETWEEN BUFFALO
GROVE DISPOSAL COMPANY, A DIVISION OF WASTE MANAGEMENT
CORPORATION - ILLINOIS AND THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village of Buffalo Grove has determined that it is
advantageous to continue to maintain the contractual arrangement with
Buffalo Grove Disposal Company to provide residential scavenger service
within the Village.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois,
that:
SECTION 1. That the President and Clerk be and they are hereby
authorized and directed to execute a contract regarding residential scavenger
service dated April 4, 1983, between the Village and the Buffalo Grove
Disposal Company, a division of Waste Management Corporation - Illinois.
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 and approval in the manner provided by law as
of May 1, 1983•
AYES: 5 - Marienthal, O'Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 1 - Stone
ABSENT: 0 - None
PASSED: April 4 1983•
APPROVED: April 4 1983
ATTEST:
(JJlllage Clerk _ - - --
Village President
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RESIDENTIAL SCAVENGER SERVICE CONTRACT BETWEEN
THE VILLAGE OF BUFFALO GROVE AND BUFFALO GROVE DISPOSAL CO., INC.
THIS CONTRACT made and entered into
May, 1978, by and between BUFFALO GROVE DISPO
Illinois corporation, hereinafter referred to
and the Village of Buffalo Grove, an Illinois
hereinafter referred to as the "VILLAGE;"
NOW, THEREFORE, in consideration of
covenants herein contained : -
this First day of
3AL CO., INC., an
as the "CONTRACTOR,"
Municipal corporation,
the promises and
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 eight (8) 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 follows:
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 eight
(8) containers per pick up which the resident
can use to dipose of items to be collected, and
the Contractor shall collect from all eight (8)
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
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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
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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 and 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 anv 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. Automoible 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 $200.000.:00:.each.perso.n and $400,000.00
each accident bodily injury liability; and $25,000..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.
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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 $200,000.00
each person and $400,000.00 each accident bodily injury lia-
bility; $25,000.00 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 conpensation 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 9:00 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
thsi contract.
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 $4.50 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
$200.00 /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 1st 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 100% of the average percentage
of such wage increase or decrease. It is understood that the wage
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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.
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 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 assignment. No.unreasonable consent
may be withheld.
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 extend
or renew this contract for a period not exceeding five years upon
notifying the CONTRACTOR in writing of its intention so to do ninety
days prior to September 30, 1983.
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.
BUFFALO GROVE DISPOSAL CO., INC.
ATTEST:
PRESIDENT
SECRETARY
ATTEST: PRESIDENT
VILLAGE OF BUFFALO GROVE,
A Municipal Corporation
VILLAGE CLERK
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