HomeMy WebLinkAbout88-155
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AMENDED BY AMENDED BY
BY.LAW ~.9.:1.7.<e.. BY-LAW #Ji1.:.~lL
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 88-155
Being a By-LaW to authorize the entering into of a
Contract Agreement between the Corporation of the
Town of Newcastle and Browning-Ferris Industries
WHEREAS Section 210 (83) of the Ontario Municipal Act, R.S.O. 1980, provides
that By-laws may be passed for establishing and maintaining a system for
the collection, removal and disposal of household refuse and household
trash and for contracting with any person for the collection, removal and
disposal of household refuse and household trash upon such terms and
conditions as may be considered expedient:
NOW THEREFORE, the Council of the Corporation of the Town of Newcastle,
pursuant to Section 210 (83) of the Ontario Municipal Act, R.S.O. 1980,
ENAcrS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf
of the Corporation of the Town of Newcastle, and seal with the Corporate
Seal, a Contract Agreement between Browning-Ferris Industries and
the said Corporation dated this 11th day of October 1988which Contract
Agreement is attached hereto as Attachment #1, including the General
Conditions and Specifications attached thereto being Schedules "A"
and "B", respectively.
2. THAT this By-law not take effect until approved by the Ontario Municipal
Board, pursuant to Section 64 (1) of the Ontario Municipal Board Act.
3. THAT By-law 82-184 is hereby repealed.
BY-LAW read a first and second time this 11th day of October 1988
BY-LAW read a third time and finally passed this 11th day of October 1988
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Ontario
INVOICE NO.2 4 5 8 2
884604
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THE ONTARIO
MUNICIPAL BOARD
180 Dundas 5t, West,
Toronto, Ontario
M5G 1 E5
TO 'TOWN OF NEWCASTLE
40 TEMPERANCE STREET
. BOWMANVILLE, ONTARIO
L1C 3A6
F~~e E8801453
Mn DEC 06, 1988
AMOUNT $125.00
RE:
AGREEMENT FOR THE COLLECTION
AND DISPOSAL OF GARBAGE_
X APPLICATION FEE UNDER SECTION 210(83) THE MUNICIPAL ACT
OTHER
01
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INVOICE PAYABLE UPON RECEIPT
MAKE CHEQUES PAYABLE TO THE TREASURER OF ONTARIO
NOTE: PLEASE QUOTE BOARD'S INVOICE NUMBER.
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Ontario
Ontario Municipal Board
Commission des affaires municipales de l'Ontario
E 881453
IN THE MATTER OF Section 64 of the
Ontario Municipal Board Act, (R.S.O.
1980, c. 347 as amended)
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IN THE MATTER OF an application by
The Corporati on of the Town of
Newcastle for an order approving the
entering into a proposed agreement
between the applicant and
Browning-Ferris Industries with
respect to the collection and
disposal of household refuse and
household trash within the defined
1 i mits of the Town for a period of
five years, and the disbursement of
sums of money payable thereunder
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B E FOR E :
D. H. Mc RO BB
Vice-Chairman
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Monday, the 14th day
of November, 1988
V.M. SINGER
Member
UPON IT APPEARING that petition of objections having been filed with respect to
the above application submitted by The Corporation of the Town of Newcastle for
the Board's approval.
THE BOARD finds pursuant to Section 66 of the Ontario Municipal Board Act that
such petition does not justify a public hearing of the application herein;
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E 881453
THE BOARD ORDERS that th i s app 1 i cat i on be granted and that the app 1 i cant may
enter into such proposed agreement in the form filed with the Board on the 26th
day of October, 1988, provided that the Council of the applicant corporation in
exercising any power approved by this order shall comply and conform with all
statutory and other legal requirements related thereto.
EN T E!~
O,B. No. .................:.':1:.
Folio No. ......G2.l.j,.......
DEe 0 7 1988
fkf.lolL
SECRETARY, or-/T. MUNICIPAL BOARD
SECRETARY
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Ontario
Municipal
Board
Commission des
affaires municipales
de I'Ontario
180 Dundas 51. West/180, rue Dundas, ouest
Toronto, Ontario
M5G 1 E5
416/598-2266
Please respond to:/S.v,P. repondre a:
November 30, 1988
Mrs. Deanna McDuff
HAl1PTON, Ontario
LOB lJO
Daar Mrs. McDuff:
Re: O.M.B. File E 881453
Town of Newcastle
Entering into a contract agreement
Browning-Ferris Ind11sties for the
Collection of Garbage
This is further to your letter of opposition
dated October 26th, 1988, and enclosed
petition to the above-mentioned proje.ct.
Your objection was referred to the Board and
I have been directed to advise you that J).ased
on a legal opinion submitted by the Town's
solicitor, tendering was not neces:sary in this
case since the proper procedures' were followed
in the Town's renegotiations and consolidations
of the three existing contracts with, BFI which.
were due to terminate December 31st, 1988, and
under such circumstances, a hearing was not
necessary.
The Board has approved the above-mentioned
application within the legislative competence
of the Council. A copy of the Board's order
is enclosed herewith for your information.
Yours truly
(Mrs.). B. Wagner
Senior Processing Clerk
Capital Expenditure Section
c.c. Treasurer of the
Town of Newcastle
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THE CORPORATION OF THE TOWN OF NEWCASTLE
ATTACHMENT #1
THIS CONTRACT AGREEMENT made k~bftZ I ~
1988.
Bet-.een
The Corporation of the Town of Newcastle
hereinafter called the NTownN
of the First Part
clnd
Browning-Ferris Industries
herein~fter called the NContractorN
of the Second Part
WHt~EAS the above parties have by contract negotiated and signed. previously,
agreel~nts that the contractor was to perform all work. provide all labour,
equipment. machinery and materials that may be necessary for the performance of
household refuse and household trash collection services within the Town af
Newcastle as hereinafter described and indentified by the parties; and
WHEREAS the parties are, prior to the termination date of said contracts.
desirous of extending the terms and conditions thereof in accordance with the
provisions hereof;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of
$1.00 now paid by the Contractor to the Town. the receipt whereof is hereoy
ackno-.ledged, and other good and valuable consideration. and the convenants
herein contained, the Town and the Contractor agree as follows:
1. The Contractor shall perform all work. supply all labour, machinery,
equ i pment, and mater i a 1. and do all th ings necessary for the
performance of household refuse and household trash collection services
within the Town, in accordance with the provisions of Schedules .A~ and
MeN attached hereto and forming part of this Agreement.
2. The Contractor shall conform to all the terms of this Agreement. and
any instructions relevant thereto that may be issued by the Town's
Director of Public Works during the term of this Agreement.
3. The work herein described shall be performed by the Contractor with all
due diligence and without interruption during the term hereof, nar~ly,
from January 1st, 1989 to December 31st, 1993, inclusive.
4. The Town in consideration of the satisfactory performance' by t.he
Contractor of the covenants herein contained hereby agrees to pay to the
Contractor during the term of this Agreement the sums upon the times
and in the amounts as set out in Schedule uBN attached hereto, and
forming part of this Agreement.
(N WITNESS WHEREOF. the Parties have hereunto affixed their corporate seals,
attested to by the hands of their proper officers in that behalf fully
authorized.
SIGNEO. SEALED ANO DELIVERED
The Corpor9-tfcn
of Newcastle
Seal
Clerk
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THE CORPORATION OF THE TOWN OF NEWCASTLE
GENERAL CONDITIONS
SCHEDULE "A"
page - 1 -
1. DEFINITION OF CONTRACT
The work required to be done by the contractor under this contract comprises
the collection of any or all "Household Refuse and Household Trash"
within the defined limits as set out in Schedule "B" attached hereto.
2. CONTRACTOR'S LIABILITY
The contractor, his agents or representatives and all workmen and persons
employed by him, or under his control, including sub-contractors, shall use due
care and attention to ensure that no person or property suffers injury or loss
(inclUding death) as a result of or due to the negligence or willful misconduct
of the contractor, or any of the persons set out above, in the performance or
execution of the work, acts or things agreed to be done or performed under this
agreement, and that no rights (including inventions, industrial, property or
patent rights) are infringed as a result of or by reason of the use or
employment of any vehicles, machinery, equipment or materials in the execution
of the work or operations of the contractor under this agreement.
The contractor shall be solely responsible for all damages by whomsoever
claimable in respect of such loss, injury or infringement of rights and shall
assume the defense of, indemnify and save the Town of Newcastle, its agents,
officers and employees harmless from all claims, demands, loss, damages,
actions, suits or other procedures (and any costs or expenses to be incurred by
the Town) by whomsoever made, brought or prosecuted, in any manner based upon,
occasioned by or attributed to any such loss, injury or infringement.
3. I NSURAOCE
The contractor shall take out, with an Insurer licensed to carry out business
in Ontario, a comprehensive Policy of Public Liability and property Damage
Insurance, acceptable to the Town of Newcastle, providing insurance coverage in
respect of anyone person and anyone accident to the extent of at least
$3,000,000.00 (Three Million Dollars) exclusive of interest and cost, against
loss or damage resulting from bodily injury to, or death of, one or more
persons and loss of, or damage to, property and such policy shall name the Town
of Newcastle as an additional insured thereunder to the extent of any
liabilities contractually assumed by the Contractor and shall protect the Town
of Newcastle against all claims for all damage or injury (including death) to
any person or persons, and for damages to any property of the Town, or any
public or private property resulting from, or arising out of, any act or
oroiRsion on the part of the contractor or any of his agents, workmen, employees
or persons under his control, including sub-contractors, during the execution of
this Agreement. The contractor shall deposit with the Treasurer of the Town of
Newcastle a certified copy of the Policy or Certificate thereof.
The insurance coverage above mentioned shall remain in full force and effect
throughout the terms of this Agreement.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
GENERAL CONDITIONS
SCHEDULE "A"
Page - 2 -
4. WORKERS' COMPENSATION
The contractor shall, at all times, payor cause to be paid any assessment or
compensation required to be paid pursuant to the Workers' Compensation Act.
The contractor shall hold harmless the Town of Newcastle from any claim under
the provisions of the said Act.
5. COMPLIANCE WITH LAWS
The contractor shall comply with all applicable Federal, provincial, Regional
and Municipal laws, statutes, regulations and by-laws.
6. PAYMENT
payment to the contractor by the Town of Newcastle, will be made monthly, in the
month following the performance of the services provided, based on the actual
units serviced and under the Terms of this contract. The contractor shall
submit monthly invoices to the Town of Newcastle.
The contractor is entitled to receive monthly payments at the rate of 100
percent of the work completed, less all stipulated forfeitures and deductions.
Before making any payment for work performed hereunder, the Town may require
the contractor to satisfy the Town that all claims against the contractor for
labour, materials, or things hired, or supplied, upon or for the works, have
been paid or satisfied, or if any such claims are found to exist may pay such
sums and the contractor shall repay the same within two days or the Town may, at
its option, withhold from the payment due sufficient amounts to satisfy the
same.
7 . MONIES DUE TO THE TOWN
All monies payable to the Town by the contractor under any stipulation herein,
or to the Workers' Compensation Board, as provided hereunder, may be r~tained
out of any monies due or which may become due from the Town to the contractor
hereunder or may be recovered from the contractor or its surety in any court of
competent juriSdiction, as a debt due ,to the Town; and the Director of Public
Works shall have full power to estimate such sums even though the amount of
such sum to be so retained, may be unascertained.
8.
LIENS
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The contractor and its surety or themselves, their successors and assigns shall
fully indemnify the Town and all its officers, servants and employees from any
and all liability or expenses by way of legal costs or otherwise in respect to
any claim which may be made for lien or charge at law or in equity or to any
claim or liability under the Construction Lien Act or to any attachment or
debt, garnishee process or otherwise arising out of the performance or
execution of the work under the Contract Agreement. The Town shall not in any
case be liable to any greater extent than the amount owing by it to the
contractor, its successors and aSSigns.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
GENERAL CONDITIONS
SCHEDULE "A"
Page - 3 -
9 . DURATION OF CONTRAcr
The services required herein will be for a period of five (5) years, commencing
January 1, 1989 and expiring December 31, 1993.
10. SURETY
The TOwn reserves the right to request surety in the amount of 100% of the
annual contract value, from the contractor together with an acceptable
recognized reliable financial or bonding institution. The form of surety will
be determined by the Town for guaranteeing due performance and maintenance of
the contract.
11. SUBLETTING
The contractor shall not assign the Contract or any part thereof or any benefit
or interest therein or thereunder without the written consent of the Director
of Public Works.
The contractor shall be held as fully responsible to the TOwn for the acts and
admissions of its sub-contractors and of persons indirectly employed by it as
for the acts and admissions of persons directly employed by it.
12.
FORFEITURE OF CONTRACT
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If the contractor neglects or compounds with its creditors to commit any act of
insolvency, or shall transfer, assign, or sublet, or attempt to transfer,
assign or sublet this contract, or any part thereof, without the consent of the
TOwn, or if at any time the work or any part thereof is in the judgement of
the Director of Public Works not executed, or not being executed in a sound and
workmanlike manner to his satisfaction and in all respects in strict conformity
with the contract, or if such work or any part thereof is not progressing
continuously, and in such manner as to ensure entire satisfaction, in the
judgement of the Director of Public Works, or to comply with any reasonable
order it may receive from the Director of public Works, or if the contractor
shall persist in any course in violation of the provisions of this contract,
then in each and every such case, after 24 hours written notice from the
Director of Public Works to the contractor, the Director of Public Works shall
have the full right and power at his discretion, without process or action at
law, to take over the whole operation, or any part of parts thereof specified in
the said notice, out of the hands of the contractor, and the contractor upon
receiving notice to that effect shall give up every operation or the part or
parts thereof specified in the notice, peaceably to the Director of public
Works, who may either relet the same to any other person or persons, with or
without previously being advertised, or may employ workmen and provide the
necessary plant at the expense of the contractor or may take such other steps as
the Director of Public Works may consider necessary or advisable in order to
secure the cOJl'q:>letion of the contract to his satisfaction; and the contractor
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THE CORPORATION OF THE 'l'OilN OF NEWCASTLE
GENERAL CONDITIONS
SCHEDULE" A"
page - 4 -
13. FORFEITURE OF CONTRACT (continued)
and its surety in every case shall be liable for all damages, expenditures and
extra expenditure, and for all additional costs of the work which may be
incurred by reason thereof. All the powers of the Director of pUblic Works
with respect to the determination of the sum or sums or balance of money to be
paid to or received from the said contractor and.otherwise in respect to the
contract shall nevertheless continue in force.
14. OTHER RIGHTS
The contractor, its agents and all workmen and persons employed by it or under
its control, shall use due care that no person is injured, and that no property
is damaged in the prosecution of the work; the contractor shall be solely
responsible for all damages to persons or property including theft, whether or
not the property is owned by the TOwn or any of its employees.
15 . BRIBE:RY OR CORRUPT PRACTICE
Should the contractor or any of its agents give or offer, any gratuity to, or
attempt to bribe, any member of the TOwn OJuncil, Officer or servant of the
TOwn, the TOwn shall be at liberty to cancel the con~act forthwith, or direct
the Director of pUblic WOrks to take the whole or any part of the works out of
the hands of the contractor, under the same provisions of those specified in
paragraph "Forfeiture of OJntract" hereof.
16. NOTICE TO CONTRACTOR
Any notice or communication to the contractor shall be d~med to be well and
sufficiently given and served if handed to the contractor or any of its clerks
or agents or if posted or sent to 1 McKnight Road, P.o. Box 2398, Oshawa,
Ontario, LlH 7V6, or to its usual place of business, or if posted to, or left at
its last known address, and any papers so left, sent or addressed, shall be
considered to be and to have been legally served upon the contractor. In any
written or printed notice to the contractor in respect of general, special or
other repairs or of any work of any nature required to be done under any of the
provisions of the contract, or any other matter, it shall not be obligatory
upon the Director of pUblic WOrks to specify minut~ly or in detail, everything
required, not to specify by measurement the exact extent thereof, or the
precise spot or spots where the work or material may be defective or faulty, or
where aII'j of the requirements of the specifications have not been observed; but
a reference in such notice to the clause or clauses bearing upon the matter,
and a description of the locality in general terms, and sufficiently clear, in
the opinion of the Director of pUblic WOrks, to indicate where the trouble or
defect exists, shall be deemed to be, and shall be ample notice.
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THE CORPORATION OF THE TOWN OF NE.WCASTLE
GENERAL CONDITIONS
SCHEDULE "A"
Page - 5 -
DEFINITIONS
17. Director of public works
Director of public WOrks shall mean the Director of Public WOrks of the Town of
Newcastle or his authorized representative.
18. Contract
contract means this Agreement, all Schedules hereto and all securities,
specifications, general conditions and other documents referred to, or
connected with this agreement.
19. Contractor
Contractor means the company, person, corporation or partnership performing
collection and haulage of household refuse and household trash under contract
wi th the TOwn of Newcastle.
20 . Town
Town means the Corporation of the TOwn of Newcastle.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
SPECIFICATIONS
SCHEDULE "B"
page - 6 -
1. Definitions
1. 01 "Bundle" means brush, leaves, garden refuse, paper, cardboard,
discarded clothing and other household refuse, not specified in
clauses 1.04 and 1.05, which is not placed in regulation containers,
and which is
(i) compacted and tied in lengths of not more than 1.2 metres (4 ft.)
and 60 centimetres (2 ft.) in diameter, and of a weight not in
excess of 22.7 kilograms (50 lbs.), or
(U) fastened securely in throwaway type cartons, of a weight not in
excess of 22.7 kilograms (50 Ibs.) and a size not in excess of
o . 35 cubic metres (12 cu. ft.) which can be readily placed in
the loading hopper of the refuse collection unit.
1.02 "o:>ntainer" means:
(i) a returnable receptacle
(a) manufactured for the use of the collection of household
refuse,
(b) of a height of not more than 66 centimetres (26 in.),
(c) of a diameter of not more than 46 centimetres (18 in.),
(d) constructed of materials, which have an equivalent durability
to number 28 gauge metal,
(e) having a tight fitting waterproof lid and t~ (2) handles of
adequate strength for lifting, and
(f) weighing not more than 22.7 kilograms (50 lbs.) with contents,
or
(ii) a non-returnable plastic bag
(a) of a capacity of not more than 0.08 cubic metres (3 cu. ft.),
(b) composed of material of not less than 1-1/2 mil gauge
material capable of carrying 22.7 kilograms (50 lbs.) of
contents without tearing,
(c) weighing not more than 22.7 kilograms (50 lbs.) with contents,
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or
1.03
1.04
1.05
1.06
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1.07
THE CORPORATION OF THE TCMN OF NEWCASTLE
SPECIFICATIONS
Page ... 7 -
SCHEDULE "B"
(iii) a non-returnable carton
(a) of a capacity of not more than 0.08 cubic metres (3 cu. ft.),
and
(b) weighing not more than 22.7 kilograms (50 lbs.) with
contents
"o:mtractor" means the company, person, corporation or partnership
performing collection and haulage of household refuse and
household trash under contract with the 'TOwn of Newcastle.
"aousehold Refuse" shall mean all rejected, abandoned or discarded food
or table or kitchen waste material from the preparation of food, ashes,
discarded paper products, newsprint, wearing apparel, floor sweepings,
grass clippings and garden wastes, clippings from trees and shrubs,
glass, crockery and metals.
"Household Trash" includes weighty or bulky articles such as stoves,
furnaces, bed springs, mattresses, furniture, boxes, barrels, water
and fuel tanks, used Christmas trees and any other discarded materials
which would normally accumulate at a dwelling and which are not
included in household refuse, but shall not include bodies of auto-
mobiles, large parts of automobiles,. animal carcasses, boulders in
excess of 0.03 cubic metres (l cu. ft.), trees or tree stumps
with the exception of used Christmas trees.
"aouseholder" shall mean any owner, occupant, lessee, tenant, or any
person having use, occupation and/or charge of any dwelling, hotel,
r~3taurant, apartment house, condominium building, office building,
public institution, service station, industrial building, commercial
premises, store, shopping centre, or plaza or portion thereof or any
other premises.
"Dwelling Unit" shall mean a unit consisting of one or more rooms
designed for use as a single housekeeping establishment.
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1.08
1.09
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
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THE CORPORATION OF THE TOWN OF NEWCASTLE
SPECIFICATIONS
SCHEDULE "B"
page - 8 -
"DWelling" shall mean a detached building consisting of not more than
three dwelling units, and shall include a rooming house which does not
qualify as an apartment building herein.
"Commercial premises" shall mean a premises from which a commercial
business is being operated and shall include apartment buildings,
and/or condominium buildings.
"Industrial premises" shall mean a premises from which an industrial
business is being operated.
"COndominium Building" shall mean a building under individual dwelling
unit ownership or under the ownership of a condominium corporation.
"street" shall mean any public highway, road, lane, alley, square,
place, thoroughfare or way within the Town of Newcastle.
"Town" shall mean the MUnicipal COrporation of the Town of Newcastle.
"Director of Public Works" shall mean the Director of Public Works of
the Town of Newcastle or his authorized representative.
"By-LaW Enforcement Officer" shall mean the By-Law Enforcement Officer
for the Corporation of the Town of Newcastle or any other officer
authorized by the corporation of the Town of Newcastle for the enforce-
ment of By-Laws in the Town of Newcastle.
"Apartment Building" means a building which consists of four or more
dwelling units.
"Designated Disposal site" shall mean the disposal site designated and
approved by the Town of Newcastle.
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THE CORPORATION OF THE ro":N OF NEWCASTLE
SPECIFICATIOt:S
SCHEDULE nB'
page - 9 -
2.00 scope of Work
This contract is for the collection and haulage to the Designated
Disposal Site of all household ~efuse and household trash, put out
for collection at the curb in accordance with this Contract, within
the geographic boundaries of the Corporation of the TOwn of Newcastle.
a) This contract does not include the development known as
"wilmot Creek" within collection areas as defined in this
agreement.
b) This contract excludes all, commercial premises, industrial
premises, apartment buildings, condominium buildings,
dwellings and dwelling units, wherein any of these
establishments have agreed and signed development agreements
with the TOwn of Newcastle, which specify that the party or
parties signing said development agreement with the TOwn of
Newcastle, agree to make their own arrangements for refuse
removal and disposal.
3. Level of Service
3.01 LOcation of Refuse and Trash for Collection
All items to be collected in accordance with this contract shall be
put out at one (1) location, at ground level as close as possible to
the curb or travelled roadway and where the curb forms part of the
sidewalk, as close as possible to the property owner's side of the
sidewalk, so as not to impede or obst:uct pedestrian or vehicular
traffic or maintenance operations.
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THE CORPORATION OF THE TCMN OF NEWCASTLE
SPECIFICATIONS
SCHEDULE "Bit
page - 10 -
Where any apartment building or condominium building, commercial or
industrial premises provides a properly designed, constructed and
maintained road system whereby the contractor can safely drive onto the
property to an exterior ground level refuse storage area located on or
at the edge of the road system, turn around and return to the public
highway, the contractor will be required to provide this service if so
directed by the Director of Public works.
Where for any reason collection cannot be made from the locations
specified in this section, items to be collected pursuant to this
contract shall be placed at locations designated by the Director of
public WOrks.
When construction work is being performed on the road allowance, all
items to be collected in accordance with this contract shall be placed
as close as practicable to an access point for the collection unit. The
Contractor may decline to collect any items which have not been placed
out in accordance with the By-Law.
EXcept by order of the Director of pUblic ~rks, no collection unit
owned, rented or operated under contract to the Town of Newcastle, shall
enter a privately owned driveway or roadway or land or other private
property for collecting household refuse or household trash. SUch
order shall not be given unless it is feasible and economical for the
Town to so enter private property.
3.02 Frequency and Times of COllection
collection shall be made once a week per dwelling between the hours of
7:00 a.m. and 5:00 p.m. EXceptions to collection hours shall be
effected only upon the approval of the Director of pUblic WOrks.
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THE CORPORATION OF THE TOtlN OF NE.WCASTLE
SPECIFICATIONS
SCHEDULE "B"
page - 11 -
3.03
Holiday EXclusions
NO collection shall be made on the
New years Day
Good Friday
victoria DaY
Dominion DaY
following holidays:
Civic Holiday
Labour Day
Thanksgiving Day
Chr istmas Day
3.04 collection conflicts with Holidays
When a regular collection day falls on a designated holiday, the
collection shall be made on the following ~rking day and in no case
shall the change in schedule result in any other collections being
delayed. When a holiday falls on a regular collection day, it may
be necessary for the COntractor to work on saturday to complete the
collection during that week.
3. OS Limitation on Number of Items placed out for COllection
The Town shall collect a combined total of not more than six (6)
containers, plastic bags or bundles per collection per dwelling unit,
commercial premises or industrial premises or apartment buildings, or
other premises not otherwise provided for.
4. Materials Not COllected by the TOwn
All materials not collected by the Town shall be disposed of as
directed by the Director of public WOrks and at the expense of the
consignee or owner of such materials so abandoned, condemned or
rejected. The decision of the Director of Public WOrks shall be final
as to quantities and class of material to be collected.
The following materials shall not be collected by the Town of Newcastle
or its contractor(s).
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(a) SWill or other organic matter not properly drained or wrapped.
(b) Liquid waste and pathogenic wastes from hospitals.
(c) Bay, straw or manure.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
SPECIFICATIONS
SCHEDULE "B"
page - 12 -
(d) Night soil and animal waste.
(e) Any material which has become frozen to the container and
cannot be removed by shaking.
(f) Industrial or trade waste including any abandoned, condemned
or rejected product or waste material, builders' or contractors'
refuse, and the stock of any wholesale or retail merchant.
(g) Discarded truck or automobile parts, tires accessories from
automotive service stations or similar automotive establishments.
(h) Medical wastes.
( i) Any material in receptacles or bundles which do not conform to
section S(b) and 7(b) herein.
(j) Hot ashes or any waste materials capable of starting fires.
(k) EXplosive or highly combustible materials.
(1) Sod, earth, tree trunks and branches, stone, building materials
or building rubbish, frozen containers, except from individual
residence and in quantities of less than 22.7 kilograms
(50 lbs.) per specified container.
(m) carcasses or parts thereof of any dog, cat, fowl or any other
creature (with exception of bona fide kitchen waste).
(n) Radioactive material.
5. COntainers for Household Refuse
(a) All household refuse or other refuse to be collected by the TOwn
of Newcastle or its contractor(s) must be ,placed and kept in
containers in accordance with the regulations
herein.
(b)
(i) EXcept, as otherwise provided, every Householder shall
provide sufficient containers of not more than 0.06 cubic
metres (2 cu. ft.) capacity which with the contents shall
weigh not more than 22.7 kilograms (50 Ibs.), and are
. satisfactory to the Director of Public Works for the deposit
of household refuse.
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THE CORPORATION OF THE TOWN OF NE.WCASTLE
SPECIFICATIONS
SCHEDULE "a"
page - 13 -
(ii) containers shall be covered, watertight containers,
have suitable handles, and be not more than 66 centimetres
(26 in.) high or 46 centimetres (18 in.) in diameter.
(iii) NOn-returnable plastic bags of 0.08 cubic metres (3 cu.
ft.) maximum capacity with a minimum of 1.5 mil thickness
and capable of being lifted with 22.7 kilograms (50 Ibs.)
of contents may also be used.
(iv) containers which are smaller at the top than at the
bottom, paper boxes, 20 litre (5 gal.) paint cans, oil drums,
lard cans and other similar containers shall not be used
unless such containers are intended for disposal with
contents and are securely closed, covered or otherwise
rendered unlikely to permit the contents to be scattered.
(v) Grass clippings, garden waste and clippings from trees and
shrubs may be placed in returnable open baskets of at
least 0.35 hectolitre (1 bushel) capacity.
(vi) EVery HOuseholder shall place all such containers at the
point or points to be served on the days of collection
as provided in section 3.01.
(vii) AShes shall be cold and shall be placed in approved
containers as specified in paragraph S(b(ii).
(c) NO container shall be filled above the top level, and all
containers, except as provided for in section S(b) shall be
provided with good watertight covers which shall be properly
placed and maintained on such containers at all times, so as to
prevent access by insects or the escape ,of odours therefrom.
6. street Rece2tacles
contractor to provide weekly pick up of downtown business street
containers. pick up unit price to include replacing plastic bag.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
SPECIFICATIONS
SCHEDULE "B"
page - 14 -
7. preparation of Household Refuse for collection
(a) Household Refuse must be drained of all liquid and securely
wrapped before being placed in containers.
(b) Such articles as crates, newspapers, packing materials, brush,
tree and garden/lawn cuttings and materials of like nature may be
collected in a like manner as household refuse, but must be
securely tied in compact bundles or parcels, not exceeding 1.2
metres (4 ft.) in length and 60 centimetres (2 ft.) in diameter or
weighing over 22.7 kilograms (50 lbs.) or placed in sufficient
containers of the type specified in Section 5(b).
(c) Garden containers and all household refuse emanating
from any building shall at all times be kept on a portion of the
householder's premises. All such containers and household
refuse shall be placed for collection as specified herein
on the days for collection.
(d) (i) "HOusehold Trash" includes weighty or bulky articles such
as stoves, furnaces, bed springs, mattresses, furniture,
boxes, barrels, water and fuel tanks, used Christmas trees
and any other discarded materials which would normally
accumulate at a dwelling and which are not included as
household refuse, but shall not include bodies of
automobiles, large parts of automobiles, animal carcasses,
boulders in excess of 0.03 cubic metres (1 cu. ft.)trees with
the exception of used Christmas trees or tree stumps.
(ii) "Household Trash" is excluded from household refuse
preparation and will be picked up along with household
refuse on regular collection days.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
SPECIFICATIONS
SCHEDULE "B"
8. Equipment
page - 15 -
8.01 Supply of Equipment
(i) The Contractor will be required to supply the necessary number of
refuse collection units, with drivers and loaders, sufficient to
collect and haul to the Designated Disposal Site all household
refuse and household trash, placed out for collection within the
Town limits in accordance with the By-LaW governing the
collection and disposal of household refuse, household trash and
for the dumping of the items collected at the Designated Disposal
Site, which is not required to be maintained by the contractor.
(ii) The contractor will determine the original number of units
required to perform the collection within the time period
prescribed, but the Director of Public WOrks will have the right
to instruct the contractor at any time after the beginning of the
contractor's operations, to increase the number of units to ensure
adequate performance. In any event the contractor shall provide a
minimum of five (5) new packertype collection units each with a
capacity of not less than twenty (20) cubic yards to ensure
adequate performance during regular collection.
(iiU Collection units to be used for collection must be 1988 models or
newer, or as otherwise approved by the Director of Public Works.
(iv) The contractor must keep within the Municipality a sufficient
number of spare collection units.
(v) The Contractor will be required to supply whatever additional
collection units are required to adequately handle any additional
collections required under this contract.
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"
8.02
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THE CORPORATION OF THE ~ OF NEWCASTLE
SPECIFICATIONS
page - 16 -
SCHEDULE "B"
(vi) This contract includes a year round household trash collection,
and it will be the contractor's responsibility to provide on the
regular collection days, sufficient properly equipped collection
units to pick up any household trash which has been put out for
collection. It should be noted that there may be periods of the
year when a considerabl~ amount of household trash will be placed
out and it will be the Contractor's responsibility to provide
sufficient collection units, loading equipment and labour to
handle these seasonal peaks with each area to be completed on its
scheduled date.
(vii) Household refuse or household trash shall not be left uncollected
overnight unless approved by the Director of Public ~rks.
Repeated offences would place the contractor in violation of the
contract.
Maintenance of B;{uipment
(i) The contractor will be responsible for maintenance, repairs and
all other operating costs of the equipment supplied including
fuel, licensing, insurance, daily washing, storage, etc. The
refuse collection units are to be properly constructed and
. maintained to eliminate the depositing of crushed debris and water
onto the streets during the operation of the contract. It is the
contractor's responsibility to immediately clean up any debris
which falls from the truck onto the street.
This includes broken glass particles, paint, or hydraulic oil and
may require that the street or property be washed, flushed or
otherwise restored to the satisfaction of ~he Director of Public
~rks.
(H) All equipment supplied by the t..'"Ontractor must be kept clean at all
times, to the satisfaction of the Director of Public ~rks. All
equipment shall be washed daily. The equipment shall be painted
on a regular basis as required. Frequency of p?inting to be such
that a desirable appearance is maintained to the satisfaction of
the Director of Public ~rks.
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8.03
9.
9.01
THE CORPORATION OF THE ~N OF NE.WCASTLE
SPECIFICATIONS
SCHEDULE "B"
Page - 17 -
Advertising and Information on Trucks
(i) No advertising may be carried on the collection units except that
the name of the contractor may be affixed upon all collection
units and each unit shall be numbered. The colour of lettering on
each collection unit will be subject to approval by the Director
of Public ~rks.
(ii) The contractor will be required to stencil a numbering system on
the collection units to accommodate the necessary accounting
system for loads entering the Designated Disposal site. !my
additional hired collection units which may be required during
peaks in the hosuehold trash pick-up periods may also require a
similar system of numbering.
(iii) All collection units engaged in collection of household refuse,
household trash shall bear Town of Newcastle decals displayed on
each side of the vehicle. Said decals shall be supplied by the
Town of Newcastle and paid for by the contractor.
(iv) The contractor is directly responsible to ensure that no
collection unit transports garbage from a source other than the
Town of Newcastle and enters the Designated Disposal Site while
bearing the Town of Newcastle decals on display. Such action
would be considered a direct violation of this agreement, thereby,
Clause 12 of the General Conditions may be invoked.
personnel
Deportment of Employees
The contractor shall ensure that all employees are provided with a
neat, clean and distinctive work Uniform which is to be worn at all
times while on duty. The contractor shall be responsible to provide
all necessary facilities for employees such that a high degree of
cleanliness can be maintained.
Employees shall at all times behave in a polite, courteous and
respectful manner towards the public. Any employee contravening this
section or 'soliciting or accepting any gratuity for work done under
this contract shall be summarily dismissed.
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THE CORPORATION OF THE TOON OF NF.WCASTLE
SPECIFICATIONS
Page - 18 -
SCHEDULE II Bit
10. Method of Operation
10.01 Requirement for Office within Municipality
The contractor shall maintain an office and telephone within the
TOwn of Newcastle. The office shall be staffed 8:00 a.m. to 5:00
p.m., in order to receive complaints from the public, and/or
instructions from the Director of PUblic WOrks.
10.02 supervision of Operation by Contractor
The contrac~or shall have on duty on all collection days sufficient
qualIfied supervisors, each having a telephone equipped or two-way
radio equipped vehicle so as to ensure a courteous, prompt and efficient
service for handling complaints. These vehicles will be so equipped
that they will be capable of picking up waste, missed household refuse,
household trash, etc. from containers which have not been picked up by
the contractor and which in the opinion of the Director of PUblic WOrks
are the responsibility of the contractor. The contractor will be
required to record all complaints received, on forms designed and
supplied by the MUnicipality, and the complaints will be swnmarized on a
monthly basis by the contractor and delivered to the Director of public
WOrks on a day to be determined by the Director of PUblic WOrks.
similarly, all complaints received by the TOwn of Newcastle
shall be recorded and forwarded to the contractor.
10.03 Emergency After Hours Service
The contractor shall provide adequate staff and means of communication
for any emergency service required outside of normal working hours.
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"
.
.
THE CORPORATION OF THE TOWN OF NEWCASTLE
SPECIFICATIONS
page - 19 -
SCHEDULE "B"
10.04 Work to be Performed to the satisfaction of the Director of
Public WOrks
(i) All work performed under this contract will be performed to the
satisfaction of the Director of public WOrks, who shall be the
sole arbiter in any dispute regarding the interpretation of the
contract between the TOwn of Newcastle, the property owners,
tenants and the contractor, and the Director of Public works'
decision shall be final and binding.
(ii) Where in the opinion of the Director of Public WOrks, the
contractor has been in default of any portion of the contract or
By-Law, the Director of Public WOrks may request the contractor to
take ~iate action to rectify the situation on the regular
collection day on which the problem occurred.
10.05
.-
preparation of and Changes to COllection Schedule
(i) prior to commencing the contract, the contractor shall submit to
the Director of Public WOrks for approval, a detailed schedule
showing the collection area for each collection unit for each
day.
(ii) All changes in collection schedules
the Director of Public works before
contractor shall be responsible for
any changes.
(iii) Notice of changes in the collection schedule, due to holidays
or any other reason, shall be placed in the local newspapers.
(iv) The advertisement shall be of at least display size with at least
two (2) insertions for each notice, with the wording, size of
advertisement and n~~er of insertions to be approved by the
Director of Public Works.
proposed advertisements will be submitted to the Director of
public WOrks for approval at least three (3) weeks prior to
the date of their insertion in the newspapers.
(vi) All advertising pertaining to this contract shall be paid for by
the contractor.
and routes must be approved by
they come into effect and the
advising the general public of
(v)
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10.06
10.07
10.08
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~,'
THE CDRPORATION OF THE TOWN OF NEWCASTLE
SPECIFICATIONS
page - 20 -
SCHEDULE n B"
Strikes or LOckouts
In the event of a strike or lockout, the contractor is responsible
to maintain refuse collection and disposal service, by whatever means
necessary to avoid any disruption of service.
LOcation of Disposal Site
All household refuse and household trash shall be hauled by the
contractor to the Brock West Site or any other Designated Disposal
site.
Should another site be designated as the Designated Disposal Site and
the new haulage distance is increased or decreased by less than ten (10)
kilometres return, the contractor will receive only the contract price,
without any compensation from the M.micipality due to the change. If
the new haulage distance is increased or decreased by ten (10)
kilometres or more return, payment to the contractor will be increased
or decreased respectively at a rate to be negotiated between the parties
to this contract. Any change in haulage distance will be based on the
difference in distance from the geographic centre of t~e TOwn of
Newcastle being for the purposes of this contract identified as the
intersection of Durham Regional Roads 42 and 4 to the new disposal site,
as opposed to the distance to the former disposal site. This difference
in kilometres travelled per day will be multiplied by the number of
loads which enter the Designated Disposal Site per day from this
contract and then multiplied by the negotiated rate per kilometre as
noted above.
collection in Accordance with Municipal By-Laws
The contractor will be required to collect the household refuse,
household trash, in accordance with the TOwn of Newcastle
By-Law and transport the items collected directly to the Designated
Disposal Site. The loaders shall return the return~le containers and
covers properly to the location from where they were picked up,
immediately upon depositing their contents into the collection unit.
All Federal, Provincial and local laws and regulations now or hereafter
enacted shall become a part of the contract and be complied with in the
performance of all portions of the work.
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,
THE CORPORATION OF THE TOWN OF NEWCASTLE
SPECIFICATIONS
SCHEDULE "B"
Page - 21 -
11. Method of payment
payment for the work to be done under this Agreement will be made at
the unit rate per stop per month, paid to the contractor for the
Agreement period, and for greater particularity, the "stop" figure to be
used for computing the monthly payment to the contractor.
upon commencement of the contract, January 1, 1989, shall be
established as 12,739 Residential plus 400 Commercial/Industrial
stops and shall be identified and verified by the contractor and
submitted to the Director of public Works for approval and
acceptance.
The number of stops shall be updated monthly by the contractor
submitting a list of the addresses of the changes for verification
by the Director of public Works. Monthly payments to the contractor
will be adjusted by the increases or decreases respectively in stops as
approved by the Director of public Works.
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11.01
The TOwn shall pay to the contractor for services rendered pursuant to
the provisions of this Agreement:
(a) The sum of $ 4.97 per stop per month during the period of
January 1, 1989 to December 31, 1989. payment will be processed
on approximately the 15th day of the month following.
(b) Annual Review: The per stop payment will be reviewed for the
first time in December, 1989 to take effect from January 1, 1990
and subsequently each year from January 1st. This review will be
based as follows: The adjusted rate shall be determined in
accordance with the following formula and based on figures as
supplied by statistics canada's COnsumer Price Index:
current Rate x F = Adjusted Rate
Where F = 50% of (A) + 15% of (B) + 15% of (C) + .20, /
"(A)" ooing the average hourly earnings (manufacturing) for the
City of TOronto in December of the current calender year, divided
by the same earnings in December of the preceding calender year.
"(B)" being the industry selling price index for trucks with
gross weight of 19,501 Ibs. to 26,000 Ibs. for canada in December
of the current calender year, divided by the same index in
December of the preceding calender year, and