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HomeMy WebLinkAboutResolution #4052 RESOLUTION NO. 4052 A RESOLUTION APPROVING AN AGREEMENT FOR THE DISPOSAL OF RESIDENTIAL SOLID WASTE WITH TAZEWELL COUNTY LANDFILL,INC.d/b/a INDIAN CREEK LANDFILL AND THE CITY OF CANTON AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON,ILLINOIS. WHEREAS, the Public Works Committee has determined that it is necessary and in the best interests of the City of Canton to enter into an Agreement for the Disposal of Residential Solid Waste with Tazewell County Landfill, Inc. d/b/a Indian Creek Landfill that would secure per ton unit prices through April 30, 2019, and options for ten(10)additional years, as set forth in Exhibit"A"attached hereto and incorporated herein; and WHEREAS,the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: 1. That the Agreement attached hereto and incorporated herein as E�ibit"A" is hereby approved by the Canton City Council. 2. That the Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 1 S`day of April,2014 upon a roll call vote as follows: AYES: Alderman West,Putrich,Jim Nelson, Pickel,Justin Nelson, Ellis, Lovell, Pasley NAYS: None ABSENT: None APPROVED: `� Jeffre A. ' , ayor ATT ST: Di a Pavley-Rock, City Clerk � : , \ AGREEMENT FOR THE DISPOSAL OF RESIDENTIAL SOLID WASTE FOR THE CITY OF CANTON.ILLINOIS This Agreement for the Disposal of Residential Solid Waste, City of Canton, Illinois, is made this lst day of April, 2014, by and between the City of Canton, Illinois, 2 North Main Street, Canton, Illinois, 61520 (hereinafter referred to as the "City") and Tazewell County Landfill, Inc. d/b/a Indian Creek Landfill, 4700 N. Sterling Avenue, Peoria, IL 61615 (hereinafter referred to as "Contractor"). RECITALS WHEREAS, the City, mindful of its duties and responsibilities to protect the public health, safety and welfare of its citizens is required to provide for the safe and economical disposal of residential waste, and WHEREAS, the City has the authority to enter into contracts for the purpose of providing for the disposal of solid waste pursuant to Section 11-9-1 of the Illinois Municipal Code (65 Illinois Compiled Statutes 5/11-19-1); and WHEREAS, the Contractor desired to provide waste disposal service to the City for the term and consideration detailed below; and WHEREAS, the parties desire to reduce this agreement to writing; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES OF THE PARTIES, THEY AGREE AS FOLLOWS: SECTION ONE SOLID WASTE DEFINITIONS Contractor shall receive from the City of Canton and properly dispose of solid waste. Solid waste is further defined to include the following: • Garba�e — consists of waste from preparation, cooking and serving food, market waste, "refuse", "household trash"; and "domestic animals". • Refuse — consists of cartons, boxes, barrels, wood (other than from demolitions), excelsior, household furniture, carpeting, household metals, crockery, ashes, clothing, toys and minerals placed at curb. • Household Trash — consists of any accumulations of the material from the operation of a home, which is not included in the definition of Garbage. Household trash shall include automobile parts which do not exceed 50 pounds in weight, building material waste from do-it-yourself residential projects and household appliances including refrigerators, stoves, air conditioners, washing machines, dryers, dishwashers, water softeners and water heaters. 1 • Domestic Animals —consists of dogs, cats, birds and other such animals normally kept as household pets. • Street Sweeoin�s — sweepings that are collected throughout the year by the City's Street Sweeper. SECTION TWO SCOPE OF SERVICES Contractor shall provide solid waste disposal services as follows: 1. Disposal of Residential and Multi-Family Waste: Contractor shall accept for disposal at its named facility, all Residential Waste collected by the City of Canton, Illinois from Residential and Multi-Family Units in the City of Canton and all waste collected by the City from City Facilities. 2. Contractor shall provide disposal for all waste generated as a result of acts of God, such as, but not limited to, ice storms, thunderstorms, tornadoes, floods, etc., for the agreed to per ton unit price. SECTION THREE TERM Five-Year Agreement: This Contract shall be for a five-year period. The Contract shall be in full force and effect commencing on the date the agreement is approved by the City and the Contractor("Commencement Date"), but with the pricing for disposal effective May 1, 2014 and shall terminate on April 30, 2019, unless the term is extended by mutual agreement of both parties. Said pricing shall be as set forth on Attachment A (titled "City of Canton Solid Waste Disposal Bids—Bid Tab") and attached hereto. SECTION FOUR RENEWAL OPTION At any time prior to three (3) months before the termination of this Contract or any extension under this Contract, the City shall have the option to renew this agreement for two (2) five-year periods under the same terms and conditions contained herein, using the Base Prices set forth in this Contract contained on Attachment A. SECTION FIVE REPORTS The Contractor shall furnish such monthly or annual reports to the City as may be required for services performed under this Contract. Such reports shall be filed at the end of the month, quarterly, or annual period as directed and shall be filed with the Public Works Department. Reports shall include data on the tonnage of all wastes, which are disposed of pursuant to this Contract. Said tonnage shall be verifiable through weight tickets and said reports are to be provided in such a form and manner as the City may direct. 2 a SECTION SIX PAYMENT OF DISPOSAL FEES The City shall pay the Contractor twelve monthly installments for the full performance by the Contractor of its duties and obligations; said monthly sum to be paid within 30 days after receipt of a correct invoice for the proceeding month's service. SECTION SEVEN INSURANCE Contractor agrees to carry and maintain in force, at the Contractor's own expense, the following insurance or insurance coverage: 1. Workers Compensation Insurance: As required by the State of Illinois 2. General Liability Coverage: Including combined single limit of Bodily injury and property damage of$1,000,000.00. 3. Automobile Liability Insurance: Including combined single limit of Bodily injury and property damage of$1,000,000.00 4. City shall be included as an additional insured on the General Liability Policy and Automobile Liability Policy. � Contractor shall provide the City at all times with certificates of insurance for all coverages and keep such certificates filed with the City current. The City shall receive not less than thirty (30) days written notice of modifications, suspension, cancellation or non-renewal of any policy. SECTION EIGHT INDEMNIFICATION In order to protect the City against a failure to perform, the Contractor shall: 1. Contractor agrees to indemnify and save harmless the City, its present and future officers, directors, employees, and agents, from and against all liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, and costs and expenses incidental thereto, (including cost of defense, settlement, and reasonable attorney's fees), which any or all of them may hereafter suffer, incur, be responsible for or pay out as a result of bodily injuries (including death) to any person, damage (including loss of use) to any property (public or private), contamination of or adverse effects on the environment, or any violation or alleged violation of local, state or federal laws, rules or regulations, directly caused by Contractor's breach of any obligation, warranty or representation under this Contract or any negligent act or omission of Contractor, its employees, agents or subcontractors in the performance of this Contract. 2. This indemnification provision is the sole responsibility of the owner and/or operator of the pollution control facility and/or landfill, but is not limited to, claims against the City or Contractor which arise out, are related to, or are based upon the dispersal, discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic 3 chemicals, liquid gasses, or any other material, irritant, contaminant, or pollutant or hazardous materials as defined by IEPA or USEPA now or in the future or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface (a) soil, (b) water or watercourse, (c) objects, or(d) any tangible or intangible matter, whether sudden or not. 3. The Contractor acknowledges that the City is a corporation and agrees that any claim made by the Contractor arising out of any act or omission of any director, officer, or employee of the City in the execution or performance of this agreement, shall be made against the City and not against such director, officer, or employee. SECTION NINE ACCESS TO THE LANDFILL The Contractor shall provide adequate access to the landfill for City owned collection vehicles delivering Solid Waste under this Contract. SECTION TEN INTERRUPTION OF SERVICE Except for acts of God or disaster, in the event Contractor cannot provide disposal services the City may, at its option, make alternate arrangements for the disposal of Solid Waste and shall be entitled to charge any reasonable expense over and above the fees provided for herein to Contractor. SECTION ELEVEN HOLIDAYS Contractor may observe the following holidays: l. New Year's Day 2. Memorial Day 3. Good Friday 4. Independence Day 5. Labor Day 6. Martin Luther King Day 7. Veteran's Day 8. Thanksgiving Day 9. Christmas Day SECTION TWELVE COMPLIANCE WITH LAWS The Contractor shall conduct operation under this contract in compliance with all local, state and federal statutes, rules and regulations, including but not limited to, all environmental protection laws, minimum wages laws, equal employment and nondiscrimination laws. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations 4 bearing on the conduct of this Contract. If compliance results in an increase or decrease to either party, the Contract may be adjusted. SECTION THIRTEEN LICENSES AND PERMITS Contractor shall obtain and maintain in full force and effect during the entire term of this agreement at its sole cost and expense, all licenses and permits required by federal, state or local law. SECTION FOURTEEN DISPOSAL Solid Waste: All solid waste to be disposed of pursuant to this agreement shall be disposed of in a sanitary landfill or other similar facility that is properly license by an appropriate State agency. Ownership of Material: Contractor shall provide, maintain and fund an Environmental Cleanup/Closure Escrow Account in accordance with the Host Community Agreement developed between Tazewell County Landfill, Inc and the County of Tazewell. Similarly, if solid waste is taken to the Peoria City/County landfill in the future, a similar escrow account and Host Community Agreement shall be in force. SECTION FIFTEEN NO FRANCHISE INTENDED It is the understanding and intention of the parties that this Contract shall constitute an exclusive Contract for the disposal of solid waste generated in the City, but that it is not a franchise, nor shall it be decreed or construed as such. SECTION SIXTEEN CONTRACTOR AS INDEPENDENT CONTRACTOR It is expressly agreed and understood that the Contractor is in all respects an independent Contractor as to the work, notwithstanding in certain respects the Contractor is required to follow the directions of designated City Officials (this shall include but not limited to reporting procedures; i.e. monthly or annual), and that the Contractor is in no respect an agent, servant or employee of the City. This contract specified the work to be done by the Contractor, but the method to be employed to accomplish this work is the responsibility of the Contractor, unless otherwise provided in this Contract. The Contractor shall furnish courteous, neat and competent employees and shall prohibit drinking of alcoholic beverages, or any illegal drugs by its employees while in the performance of this Contract. 5 SECTION SEVENTEEN SUBLETTING CONTRACT This Contract, or any portion thereof, shall not be sublet or assigned to any third party without the written consent from the City. No such consent will be construed as making the City party to any such subcontract or assignment, or subjecting the City to liability of any kind to any subcontractor or assignee. No subcontract, subletting or assignment under any circumstances shall relieve the Contractor of any liability and obligation under this Contract, and despite any such subcontracts, subletting or assignments, the City shall deal through the Contractor and as such shall be subject to the same requirements as the character and competence as other employees of the Contractor. SECTION EIGHTEEN FAILURE TO DISPOSE Should the Contractor fail to dispose of Solid Waste delivered under this Contract at the time and in the manner required, and the City determines said failure does not constitute a breach or default by Contractor, the City may, after 24 hour's notice, dispose of said Solid Waste in an alternative manner. The Contractor shall be liable for the expense incurred. In addition to any other lawful means of effecting reimbursement form the Contractor, such expense may be deducted by the City from money due or which may become due to the Contractor. SECTION NINETEEN SUPERVISION OF CONTRACT PERFORMANCE The Contractor's performance of this Contract shall be supervised by the Public Warks Director on behalf of the City of Canton. If at any time during the life of this Contract, performance satisfactory to the City shall not have been made, the Contractor, upon notification by the City, shall increase his work force, tools and equipment as needed to properly perform this Contract to the satisfaction of the City. The failure of the City to give such notification shall not relieve the Contractor of his obligation to perform the work at the time and in the manner specified in this Contract. SECTION TWENTY INSPECTION OF WORK The Contractor shall furnish the Public Works Director of the City of Canton or the authorized representatives with every reasonable opportunity for ascertaining whether or not the work, as performed, is in accordance with the requirements of this Contract. On a monthly basis, the Contractor shall supply the City's Public Warks Director Office with daily volumes (cubic yards and tons) of the Solid Waste hauled from the City. The Contractor shall designate, in writing, the person to serve as agent to the Contractor and liaison between the Contractor's organization and the City. The City may appoint authorized representatives to inspect the Contractor's operations, records and equipment at any 6 reasonable time and the Contractor shall admit authorized representatives of the City to make such inspections at any reasonable time and place. SECTION TWENTY-ONE CITY NOT LIABLE FOR DELAYS It is expressly agreed that in no event shall the City be liable ar responsible to the Contractor or any other person on account of stoppages, or delay in the work herein provided for, by injunction or other legal or equitable proceedings brought against the Contractor, or form, or by account of any delay from any cause whatsoever over which the City has not control. SECTION TWENTY-TWO DELIVERY OF NOTICE All notices required or contemplated by this Contract shall be personally served or mailed,postage prepaid and return receipt requested, addressed to the parties as follows: City: City of Canton, IL Contractor: Tazewell County Landfill, Inc. City Clerk d/b/a Indian Creek Landfill 2 N. Main Street 4700 N. Sterling Avenue Canton, IL 61520 Peoria, IL 61615 or to such other address as the parties may designate in writing. SECTION TWENTY-THREE GOVERNING LAW This Contract is entered into and is to be performed in the State of Illinois. The City and the Contractor agree that the laws of the State of Illinois shall govern the rights, obligations, duties and liabilities of the parties to this agreement and shall govern the interpretation of this agreement. SECTION TWENTY-FOUR BREACH OF CONTRACT If there is a breach of contract, the Public Works Director shall, in writing, notify the Contractor with substantiating details, specifying the alleged breach of contract. If within seven (7) days after mailing such notice to the Contractor at the Contractor's regular place of business, the alleged breach of contract has not been corrected by the Contractor, the Contractor will be notified in writing of a hearing before the Public Works Director within fifteen (15) days of such notice. The purpose of this hearing will be to investigate the circumstances, facts and other pertinent and relevant information pertaining to the alleged contract breach and to determine if the Contract has in fact been breached and immediate correction on the part of the Contractor cannot and will not be provided. 7 SECTION TWENTY-FIVE STRIKES Contractor specifically agrees that any strike or labor dispute of any kind or character involving the Contractor or its employees shall not, for any reason, cause a stoppage or delay of any of the obligations of the Contractor as per terms and conditions hereof. SECTION TWENTY-SIX TERMINATION All terms and conditions of this Contract are considered material, and failure to perform any of the terms and conditions on the part of the Contractor shall be considered a breach of this Contract. Should Contractor fail to perform any of the terms or conditions, the City shall have the right to terminate this Contract upon forty eight (48) hours' written notice to the Contractor, unless the Contractor either cures or commences a cure within that period of time. SECTION TWENTY-SEVEN SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties and any successors or assigns permitted in accordance with the terms and conditions of this Agreement. SECTION TWENTY-EIGHT COVENANT AGAINST CONTINGENT FEES The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Contract or in connection with carrying out this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of, or the carrying out of, this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in it is discretion, to deduct from the price or consideration, or otherwise recover, the full amount of such fee, commission,percentage, brokerage fee, gift or contingent fee. SECTION TWENTY-NINE PREVAILING WAGE In the employment and use of labor, the Contractor shall conform to all Illinois Statutory requirements regarding labor including but not limited to the following Act: An Act regulating wages of laborers, mechanics and other workmen employed in any public works by the state, county, city or any public body or any political subdivision or by anyone under the contract for public works, (Prevailing Wage Act, 820 ILCS 130/0.01 et seq.), which provides in part that the Contractor, Subcontractor, etc., shall pay to all 8 laborers, workmen and mechanics performing work under the Contract, not less than the prevailing rate of wages as determined by the Illinois Department of Labor. In the employment and use of labor, the Contractor shall conform to all Illinois Human Rights requirements regarding labor and human rights including but not limited to the following Act: An Act in regulation to employment and human rights regulating Equal Employment Opportunities-Affirmative Action in any public works by the state, county, city or any public body or any political subdivision or by anyone under contract for public works, as amended (Illinois Human Rights Act, Section 775 ILCS 5/2 — 105), which provides in part that the contractor, subcontractors, etc., shall have written sexual harassment policies and a continuing harassment program. All bidders must complete the Prevailing Wage Certificate and submit certified payroll on this project. SECTION THIRTY EOUAL OPPORTUNITY EMPLOYER The bidder, in submission of this proposal, assures the City that he is an "Equal Opportunity Employer" as defined by Section (E) of Chapter 21, Title 42 of the United States Code Annotated and Federal Executive Orders #11246 and #11375, which are incorporated herein by reference, and as such shall not discriminate against any other person by reason of race, creed, color, religion, age, sex, or physical and mental handicaps with respect to the hiring, application for employment, tenure, terms or conditions of employment of any persons. SECTION THIRTY-ONE FAIR EMPLOYMENT PRACTICE The Illinois Fair Employment Practice Commission Equal Opportunity Clause, as is required by Article II of the Illinois FEPC Rules and Regulations, shall be part of any Contract or Purchase Agreement. A copy will be attached to the agreement. SECTION THIRTY-TWO ENTIRETY This Agreement is the entire agreement of the parties as to the matters contained herein. Any oral representations or modifications concerning this Agreement shall be of no force and effect. 9 . IN WITNESS WHEREOF, the parties hereto have executed this Agreement and affixed thereto their hands and seals on the day and hear first above written. CITY OF CANTON,ILLINOIS By: �► , Jeffery A. Frit , ayor ATTEST: � %t D aria Pavle -Roc , City Clerk TAZEWELL COUNTY LANDFILL,INC. d/b/a IA REEK L NDFILL By: �JC . ATTEST: � /J /�.''�'' 10 ATTACHMENT A 1 � Solid Waste Disposal Bids-Bid Tab Base Bid-S Year Term: Peoria Disposal Company Indian Creek Landfill Hopedale,IL Period Price Per Ton May 1,2014 to Apri130,2015 $30.00 May I,2015 to Apri130, 2016 $31.20 May 1,2016 to Apri130,2017 $32.45 May 1,2017 to April 30,2018 $33.75 May 1,2018 to Apri130,2019 $35.10 Ontion 1-S Year Tertn: Peoria Disposal Company Indian Creek Landfiil, Hopedale,IL Feriod Price Per Ton May 1, 2019 to Apri130,2020 $37.97 May I,2020 to Apri130,2021 $39.17 May 1,2021 to Apri130, 2022 $40.40 May I,2022 to Apri130, 2023 $41.66 May 1,2023 to Apri130, 2024 $42.96 Ontion 2-5 Year Term: Peoria Disposal Company Indian Creek Landfill, Hopedale,IL Period Price Per Ton May 1,2024 to Apri130,2025 $44.28 May I, 2025 to April 30,2026 $45.64 May l,2026 to April 30,2027 $47.03 May 1,2427 to Apri130,2028 $48.46 May 1,202$ to Apri130,2029 $49.91