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HomeMy WebLinkAbout91-169 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 91- 169 Being a By-Law to authorize the execution of a contract with Miller Waste Systems, Markham, Ontario in respect to the Co-Operative Tender WB5-91, for the Curbside Collection and Hauling of Blue Box Recyclable Material THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS 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 Corporation Seal, a Contract between Miller Waste Systems, Markham and said Corporation, which is attached hereto and marked Schedule "B". 2. That this By-Law not take effect until approved by the Ontario Municipal Board, pursuant to Section 64(1) of the Ontario Municipal Boart Act. By-Law read a first and second time this 15th day of October , 1991. By-Law read a third time and finally pa 1991. this15 day of September , ~ Mayor .' .... ",. .. , 'I CONTRACT NO. WB5-91 . " CO-OPERATIVE -.rENDER POR.'mE CURBSIDE COLLEC'.fION .AND HAULING OF BLUE BOX RECYCLABLE HATERIAL AGREEMENT mIS AGRBEXENT made (in triplicate) the e2..5rJ day of 1)e..ceM~e..r one thousand nine hundred and ninety-one DEftED: HILLER WASTE SYSTEMS. A DIVISION OF MILLER PAVING LIMITED hereinafter called ~ COtr.rRACroR of the PIRS'.r PART -and- THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called THE KDNICIPALlft of the SECOND PART WHEREAS the Municipality did accept the tender of the Contractor for Contract No. WB5-91 dated the 4TH day of. SEPTEMBER " 1991 for the collection, ha~linq and unloading of blu~ box recyclable materials in the Municipality according to the Schedules, Specifications, General Conditions, and Tenderer's Instructions hereinafter referred to: NOW, 'mERBPORB, THIS AGPRt6IRlft WI'ft1ESSETH '.rIJA.'!: 1. The Contractor covenants with the Municipa1ity to do all work and furnish all material called for by this agreement. in strict accordance with the Tenderer's Instructions, Form of Tender, General Conditions, specifications, Schedules and any other con.tract documents hereto attached. 2 ~ In consideration of the faithful performance of this agreement by the Contractor in strict. accordance with .the said General Conditions and Specifications and with stipulations' herein contained, but subject to certification by the Director of Works, as hereinafter. provided, the Municipality agrees to pay the Contractor for such performance at the rates and prices 'set forth in the Form of Tender.and attached hereto and made a part hereof, such payment to be made in accordance with the General Conditions and other contract. documents attached hereto but subject always to the provisions respecting certification by the Director of Works as hereinafter provided. 1 _- l' l to .'" r CON'J!RACT NO. WB5-91 CO-OPERA'r:rv:B !rENDER POR THE CURBSIDE COLLECIJ!ION AND HAULING OP BLUE BOX RECYCLABLE HA.-:rERIAL A.GREEHB!l.f (Continued) 3. The following documents are made a part of this Agreement: (a)' True copy of 'the Form of Tender (b) The Tenderer's Instructions (cl The General Conditions (d) The Specifications (e) Schedules A to G 4. The Contractor shall begin the work on the date specified in Section 22 of the Tenderer's Instructions and shall continue to carry out the work in an efficient, workmanlike manner as herein specified until the completion.date of the contract as specified in Section 22 of the Tenderer's Instructions. 5. In the. event that, in the opinion of the Director of Works, the work is not carried out as specified, the Contractor shall pay. to the Mu.icipality liquidated damages in the amounts stipulated in the specifications. 6. The Contractor shall furnish a performance bond duly executed by him as principal and by a licensed insurer as surety in the sum of ONE . HUNDRED AND FIFTY FOUR THOUSAND TWO HUNDRED AND THREE DOLLARS ($154,203.00) . for faithful performance of the work. Unless . such a bond is executed and delivered to the Municipality and approv~d by the Municipal Solicitor within the time limit required by the Director of .Works, this agreement may be declared void at the option of the Municipality. Until such a bond has been re.ceived and 'approved, no payment will be made to the Contractor for any. work that may have been done under the contract. 7 . In this agreement, words lised in the singular number or in. the masculine gender shall. include the plural number and the feminine or neuter gender where the context so requires. 8. This agreement shall extend to and be binding upon the parties hereto and their respective successors and assigns. 2 .I. . . \ CON'.rRAC~ NO. WB5-91 .- CO-oPERATJ:VE TENDER FOR -:mE CURBSIDE COLLEC~ION AND HAULING OF BLUE BOX RECYCLABLE KATERIAL IN WI~S WHEREOF the parties hereto have caused to be affixed hereunto their corporate seals attested by the hands of their proper.Dfficers in that behalf. HILLER WASTE SYS'lEHS. A DIVISION OF HILLER PAVING LIHITED ...~ --- Per Per 'fIlE CORPORATION OF -:mE TOWN OF NEWCASTLE Mayor Per Per Clerk 3