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HomeMy WebLinkAboutWD-11-91 V TOWN OF NEWCASTLE J�tl REPORT File # Res. By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: FEBRUARY 18, 1991 REPW #: WD-11-91 FILE #: SUB.FCT: AMENDMENTS TO THE CONTRACT WITH BROWNING-FERRIS INDUSTRIES FOR GARBAGE COLLECTION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-11-91 be received; 2 . THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Town of Newcastle and seal with the Corporation seal, Addendum No.2 to the Agreement dated December 16, 1988, between the Corporation of the Town of Newcastle and Browning- Ferris Industries, in accordance with Attachment No. l to Report WD-11-91; 3 . THAT the necessary by-law to implement Recommendation No.2 be passed by Council; 4. THAT the funds for the painting of the trucks be obtained from Account #7303-X-0261; and 5 . THAT Browning-Ferris Industries be advised of Council's decision. ------------------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. l: Addendum No.2 . . .2 ,REPORT NO. : WD-11-91 PAGE 2 2.0 BACKGRODND 2 . 1 On October 11, 1988, Council passed By-law 88-155 to authorize the entering into an agreement with Browning-Ferris Industries (BFI) for the provision of garbage collection in the Town of Newcastle. 2 .2 The contract commenced on January 1, 1989, and expires on December 31, 1993. 2 .3 Clause 8 .03 (iii) of the contract reads as follows: "All collection units engaged in collection of household refuse and 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. " 2 .4 Clause 11.02 of the contract reads as follows: "Tipping fees for all garbage, household waste and household trash collected and hauled to the Designated Disposal Site by the contractor, will be paid directly by the Town. " 2 .5 All garbage collected by BFI under contract with the Town is hauled to the Brock West Landfill Site in Pickering. Following is a summary of the tipping fees which have been in effect since the beginning of the contract with BFI: January 1, 1989: $ 50 . 00 per tonne May 1, 1989: $ 83 .45 per tonne May 1, 1990: $ 97 .50 per tonne The tipping fees as of March 1, 1991, will be $ 150.00 per tonne. . . .3 J / REPORT NO. : WD-11-91 PAGE 3 2 . 6 The Town collected 12,860 tonnes of garbage in 1989 and paid $953,955 in tipping fees and in 1990 collected 13,136 tonnes and paid $1,224,616 in tipping fees. It is estimated that 14,376 tonnes will be collected in 1991 and the total tipping fees will be $2,030,610. 2 .7 The tipping fee for each truck is about $2,500. 3.0 REVIEW AND CON. w 3. 1 At the present time, the contract with BFI requires that the contractor provide five trucks to provide the service and that the garbage be collected Tuesday to Friday inclusive. The use of five trucks has meant that for some of the time during the four days (Tuesday to Friday) one or more of the five trucks was available for use by BFI for collection for other customers. A review of the routes and the truck hours required to perform the garbage collection service under this contract revealed that the work could be done with four (4) trucks instead of five (5) trucks. 3.2 This is the problem. In order to collect for other customers part of the time, it is necessary that the decals referred to in Clause 8.03 (iii) be removable so that the Town of Newcastle decal is not on the truck while the truck is being used for other customers . 3.3 Since the Town pays the tipping fees, it is important that we pay for only that garbage which is collected under our contract and that a system be in place to provide a high level assurance that this is the case. It has been concluded that the use of decals does not provide the .level of assurance that is required 3.4 This problem has been discussed with BFI and it has been agreed, that subject to Council approval, the contract be amended to provide that: 1. BFI be required to provide a minimum of four packer type trucks instead of five as now stipulated in the contract. . . .4 REPORT NO. : WD-11-91 PAGE 4 2 . The four trucks be used exclusively for collection of garbage under contract with the Town. 3. The trucks be painted the Town colours, at the Town's cost and the Town logo and the BFI logo be painted onto the trucks. The Town will call tenders for the painting of the trucks . The tender will provide for the painting to be done at a mutually convenient time. 4. In the event that BFI finds it necessary to add an additional truck or trucks, the truck(s) be painted the Town colours with the Town and BFI logos at no cost to the Town. The reason for this clause is that when BFI orders a new truck they can specify that the truck be painted the Town colours rather than blue. This will mean that there will be no additional cost to BFI for this work. 3 .5 The estimated cost to paint the four trucks is $15,000. There are sufficient funds in the account for garbage collection to cover the cost. 3 .6 The required amendments to the contract to implement the above are contained in Attachment No. l to this report. Respectfully submitted, Recommended for presentation to the Committee, - ------------------- Walter A. Evans, P.Eng. , Lawren Rotseff, Director of Public Works Chief inistrative Officer WAE*llv January 28, 1991 Attachments pc: Browning-Ferris Industries P. 0. Box 2398 Oshawa, Ontario L1H 7V6 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91- Being a By-law to amend By-laws 88-155 and 89-176, By-laws to authorize the entering into of a Contract Agreement between the Corporation of the Town of Newcastle and Browning-Ferris Industries. WHEREAS the Council of the Corporation of the Town of Newcastle deems it expedient to amend By-laws 88-155 and 89-176 of the Corporation of the Town of Newcastle, being by-laws to authorize the entering into of a Contract Agreement between the Corporation of the Town of Newcastle and Browning- Ferris Industries; NOW THEREFORE, the Council of the Corporation of the Town of Newcastle, pursuant to Section 210 (83) of the Municipal Act, R.S.O., 1980, ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Town of Newcastle, and seal with the Corporate Seal, an amending contract agreement between Browning-Ferris Industries and the Corporation of the Town of Newcastle, dated this 11th day of February 1991 attached hereto as Schedule "A" and forming part of this by-law. 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. BY-LAW read a first time this 11th day of February 1991. BY-LAW read a third time and finally passed this 11th day of February 1991. MAYOR CLERK J U THE CORPORATION OF THE TOWN OF NEWCASTLE ADDENDUM NO.2 TO THE AGREEMENT made on December 16, 1988 Between The Corporation of the Town of Newcastle hereinafter called the "Town" and Browning-Ferris Industries hereinafter called the "Contractor" WHEREAS the Town and the Contractor have entered into an agreement for the collection of garbage in the Town; AND WHEREAS it has been agreed between both parties to amend the agreement; NOW THEREFORE be it agreed that the agreement made on December 16, 1988 be amended as follows: 1. Delete the work "five (5) " from the 7th line of Clause 8.01 (ii) and replace it with the word "four (4) ". 2. Add the following paragraphs to Clause 8.01 (ii) . The four trucks are to be used exclusively for the collection of garbage under this contract with the Town. The four trucks are to be painted the Town colours, at the Towns cost and the Town logo and the BFI logo shall be painted onto the trucks. The Town will call a tender for the painting of the trucks. The tender will provide for the painting to be done at a mutually convenient time. In the event that BFI finds it necessary to add an additional truck or trucks, the truck(s) be painted the Town colours with the Town and BFI logos at no cost to the Town. 3. Delete Clause 8.03 (iii) . IN WITNESS WHEREOF, the Parties have hereunto affixed their corporate seals, attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED AND DELIVERED The Corporation of the Town of Newcastle MAYOR Seal CLERK Browning-Ferris Industries ATTACHIENT X10, j c TOWN OF NEWCASTLE a MEMORANDUM TO: L. E. Kotseff, Chief Administrative Officer FROM: Walter Evans, Director of Public Works DATE: December 20, 1990 REPORT WD-11-91 - AMENDMENTS TO THE CONTRACT WITH SUBJECT: BROWNING-FERRIS INDUSTRIES FOR GARBAGE COLLECTION --------------------------------------------------------- Attached for your approval is the revised Public Works Report WD-11-91. /L1 Walt /llv Attachment THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91- Being a By-law to amend By-laws 88-155 and 89-176, By-laws to authorize the entering into of a Contract Agreement between the Corporation of the Town of Newcastle and Browning-Ferris Industries. WHEREAS the Council of the Corporation of the Town of Newcastle deems it expedient to amend By-laws 88-155 and 89-176 of the Corporation of the Town of Newcastle, being by-laws to authorize the entering into of a Contract Agreement between the Corporation of the Town of Newcastle and Browning- Ferris Industries; NOW THEREFORE, the Council of the Corporation of the Town of Newcastle, pursuant to Section 210 (83) of the Municipal Act, R.S.O. , 1980, ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Town of Newcastle, and seal with the Corporate Seal, an amending contract agreement between Browning-Ferris Industries and the Corporation of the Town of Newcastle, dated this 11th day of February 1991 attached hereto as Schedule "A" and forming part of this by-law. 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. BY-LAW read a first time this 11th day of February 1991. BY-LAW read a third time and finally passed this 11th day of February 1991. MAYOR CLERK THE CORPORATION OF THE TOWN OF NEWCASTLE SCHEDULE "A" TO BY-LAW NO. 91- TO THE AGREEMENT made on December 16, 1988 Between The Corporation of the Town of Newcastle hereinafter called the "Town" and Browning-Ferris Industries hereinafter called the "Contractor" WHEREAS the Town and the Contractor have entered into an agreement for the collection of garbage in the Town; AND WHEREAS it has been agreed between both parties to amend the agreement; NOW THEREFORE be it agreed that the agreement made on December 16, 1988 be amended as follows: 1. Delete the work "five (5) " from the 7th line of Clause 8. 01 (ii) and replace it with the word "four (4) " . 2 . Add the following paragraphs to Clause 8.01 (ii) . The four trucks are to be used exclusively for the collection of garbage under this contract with the Town. The four trucks are to be painted the Town colours, at the Town's cost and the Town logo and the BFI logo shall be painted onto the trucks. The Town will call a tender for the painting of the trucks. The tender will provide for the painting to be done at a mutually convenient time. In the event that BFI finds it necessary to add an additional truck or trucks, the truck(s) be painted the Town colours with the Town and BFI logos at no cost to the Town. 3 . Delete Clause 8 .03 (iii) . IN WITNESS WHEREOF, the Parties have hereunto affixed their corporate seals, attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED AND DELIVERED The Corporation of the Town of Newcastle MAYOR CLERK Seal Browning-Ferris Industries THE CORPORATION OF THE TOWN OF NEWCASTLE ADDENDUM NO.2 TO THE AGREEMENT made on December 16, 1988 Between The Corporation of the Town of Newcastle hereinafter called the "Town" and Browning-Ferris Industries hereinafter called the "Contractor" WHEREAS the Town and the Contractor have entered into an agreement for the collection of garbage in the Town; AND WHEREAS it has been agreed between both parties to amend the agreement; NOW THEREFORE be it agreed that the agreement made on December 16, 1988 be amended as follows: 1. Delete the work "five (5) " from the 7th line of Clause 8.01 (ii) and replace it with the word "four (4) " . 2 . Add the following paragraphs to Clause 8 . 01 (ii) . The four trucks are to be used exclusively for the collection of garbage under this contract with the Town. The four trucks are to be painted the Town colours, at the Town's cost and the Town logo and the BFI logo shall be painted onto the trucks . The Town will call a tender for the painting of the trucks. The tender will provide for the painting to be done at a mutually convenient time. In the event that BFI finds it necessary to add an additional truck or trucks, the truck(s) be painted the Town colours with the Town and BFI logos at no cost to the Town. 3 . Delete Clause 8. 03 (iii) . IN WITNESS WHEREOF, the Parties have hereunto affixed their corporate seals, attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED AND DELIVERED The Corporation of the Town of Newcastle MAYOR CLERK Seal Browning-Ferris Industries