HomeMy WebLinkAbout04 177 agreement baswr
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THE CORPORATION"OF THE MUNICIPALITY OF KlNC INE
BY-LAW
NO. 2004 -177
BEING A BY-LAW TO AMEND THE CONTRACTS FOR RESI ENTIAL AND
COMMERCIAL REFUSE COLLECTION WITHIN THE MUNI IPALITY OF
KINCARDINE AND CARDBOARD COLLECTION WITHIN ARD ONE.
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 Secti ns 8 and 9 (1)
provides municipalities with powers of a natural person to enabl them to govem
their affairs as they consider appropriate under this or any other Act;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 2 Section 11 (2)
provides that lower-tier municipalities may pass by-laws wit in the sphere of
jurisdiction of waste management;
AND WHEREAS the Municipality of Kincardine has contracted Bruce Area
Solid Waste Recycling (BASWR) the collection of its refuse wit in the
Municipality and cardboard collection within Ward One;
AND WHEREAS the Council of the Municipality of Kincardine d emed it
expedient to extend the term of the refuse collection contract w h BASWR for a
further three years with the passage of By-law No. 2004-29;
AND WHEREAS the Council of the Municipality Kincardine de ms it expedient to
extend the term of the cardboard collection contract for the sa e three-year
term;
AND WHEREAS due to the increase in fuel costs and change to the intemal
operation of the Municipality of Kincardine landfill sites, the Co ncil for the
Corporation of the Municipality of Kincardine deems it expedie t to accept a
2.7% increase to the annual rate for the collection of garbage ithin the
Municipality of Kincardine;
2.
NOW THEREFORE the Council of the Municipality of Kincardi e ENACTS as
follows:
1. That the Municipality of Kincardine hereby agrees to e nd the term and
conditions of the cardboard collection contract with BA WR for a three
year period ending October 16, 2007.
That the Municipality of Kincardine shall pay to BASW an annual rate of
$177,607.70, including all applicable taxes, for the colle ion of garbage
within all wards of the Municipality of Kincardine, for ea h year of the
contract.
3.
That the Municipality of Kincardine shall pay an annual rate of $27,872.00,
including all applicable taxes, for the collection of cardb ard in Ward 1 of
the Municipality of Kincardine, for each year of the con act.
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2004 BASWR Refuse & Cardboard Collection By-I w
By-law No. 2004 - 177
That the Mayor and Chief Administrative Officer be autho . ed to sign, on
behalf of The Corporation of the Municipality of Kincardin an agreement
with BASWR, which is attached to this by-law as Schedul "A".
That this by-law shall come into full force and effect upon i final passage.
This by-law may be cited as the "2004 BASWR Refuse & ardboard
Collection Agreement, By-law."
READ a FIRST, SECOND, and THIRD time and FINALLY P
day of November, 2004.
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Mayor -
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BRUCE AREA SOLID WASTE RECYCLING BA
This is Schedule" Jl.. " to By-Law
1M
No -I passed the..a:::;. day
of rNEM - 2004. ..
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This AGREEMENT made this I Î day of NfJ vbl'1&&¿, 2004.
BETWEEN:
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the ·Owner"
of the First Part,
-and-
BRUCE AREA SOLID WASTE RECYCLING
Hereinafter called ·Contractor"
Of the Second Part.
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WHEREAS the Municipality has contracted the operation of the collection of residential
& commercial refuse within the Municipality of Kincardine and collection of cardboard
within Ward 1;
AND WHEREAS it is expedient that the terms and conditions of these service contracts
be specified by Agreement between the two parties;
AND WHEREAS both parties agree to extend these contracts, based upon the original
tender specifications (Contract 2001-06 - Collection of Garbage and Contract 2001-13
- Collection of Cardboard).
AND WHEREAS all contract documentation, being Insurance, WSIB and bonding
requirements shall be renewed with the Municipality.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
premises and mutual promises and covenants hereinafter contained, the parties hereby
agree as follows:
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The terms and specifications of the Public Works Contract 2001-06
(Collection of Garbage) as attached to this agreement as Schedule "A"
and Contract 2001-13 (Collection of Cardboard as attached to this
agreement as Schedule "B") shall form the body of the agreement.
2. The contract extension shall be October 16, 2004 to October 16, 2007 for
both contracts.
1.
3. The new rates shall be:
A. Contract 2001-06 (Collection of Garbage) shall be $177,607.70 per
year, inclusive of all applicable taxes.
B. Contract 2001-13 (Collection of Cardboard) shall be $27,872.00
per year, inclusive of all applicable taxes.
4. The Contractor shall fumish copies of all mandatory documentation prior
to the final execution of the contract.
5.
Either party may terminate this contract upon 120 days written notice.
6. The Manager of Public Works shall be the central point of contract for all
inquiries, disputes or other items requiring resolution or decision.
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Bruce Area Solid Waste Recycling Agreement
. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested
by th~ hand 9f its Mayor and Chief Administrative Officer this '7 Y-I-¡ day
of NfH/t:~ 2004. Yhe parties have hereunto set their hands and seals this
/7'fh dayof Noo/ø·/1ßetL. ,2004.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE
in the presence of ) MUNICIPALITY OF KINCARDINE
)
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~~-. rJ~'-r ) ~-((..~
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Witness ) Mayor - Glenn Sútton
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C~ ~{L.- ) ='\~L- ~c-~. _~_
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Witness I ) Chief Administrative Officer-
. ) John deRosenroll
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) BRUCE AREA SOLID WASTE
) RECYCLING (BASWRA)
-d·CQ·"8 )
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Witness ) / Gen I Manager
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This is Schedule "An to Bruce
Area Solid Waste Recycling
(~) Agreement dated the
~ 'day of Hoveaber 2004.
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Municipality of
Kincardine
COLLECTION OF GARBAGE
WITHIN THE
MUNICIPALITY OF KINCARDINE
Contract No. 2001-06
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SEALED TENDERS clearly marked as to contents shall be received by the undersigned
until 12:00 noon, local time:
TUESDAY, JUNE 19TH, 2001
for collection of garbage within The Municipality of Kincardine.
Tender forms may be obtained as of Tuesday, May 29th, 2001 at 12:00 noon, from the
Public Works Manager at the Municipal Office - 1475 Concession 5 (former Township
of Kincardine).
A certified cheque or bid bond not less than the amount specified in the tender document
and bonding requirements must accompany each proposal.
A mandatory pre-bid meeting will be held on Friday, June 8th, 2001 at 9:00 a.m. at
the Municipal Office - 1475 Concession 5. No submissien will be accepted from any
party that does not atteod the site meeting.
e towest or any tender not necessarily accepted.
Jim O'Rourke
Public Works Manager
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TENDER NO. 2001-06
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THE MUNICIPALITY OF KINCARDINE
CONTRACT FOR
RESIDENTIAL & COMMERCIAL
REFUSE COLLECTION
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FOR THE MUNICIPALITY OF KINCARDINE
SEPTEMBER 1ST, 2001 - SEPTEMBER 1ST, 2004
TENDER DUE: Tuesday, June 19th, 2001
At 12:00 NOON LOCAL TIME
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TENDER INFORMATION FOR BIDDERS:
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The Municipality of Kincardine
Tender No. 2001-06
Page 2 of 18
1. INVITATION
You are invited to submit a sealed tender for complete collection and removal of garbage and other
collectable refuse and household rubbish at all Residential and Commercial establishments within
The Municipality of Kincardine.
2. DELIVERY OF TENDERS:
SEALED TENDERS marked "Tender for Refuse Collection·, Contract No. 2001 - 06 will be received
by:
Jim O'Rourke, Public Works Manager
The Municipality of Kincardine
1475 Concession 5
R. R. #5
Kincardine, Ontario
N2Z 2X6
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until 12:00 noon local time on Tuesday, June 19'h, 2001.
Tenders will be opened publicly during the regularly scheduled Council meeting at 7:30 p.m. in the
Municipality of Kincardine Council Chambers on June 19th, 2001.
3. TENDER FORM:
3.1 Tenders shall be submitted on our tender form only. Tenders that do not comply strictly with
our terms and conditions or tenders which are incomplete, obscure, or made subject to further
conditions or qualifications may be rejected as informal or disqualified by The Municipality of
Kincardine.
3.3
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3.5
3.6
3.2 Adjustment by telegram, fax, or letter or in any other manner to a tender already submitted will
not be considered. A bidder desiring to make adjustment to a tender submitted must withdraw
the tender and submit another tender. A tender may be withdrawn at any time prior to the time
of closing.
Should there be any error in extensions, additions or computations, the unit price shall govern
and the corrected total shall be used as the basis for comparison of bids.
The tender form must be signed and witnessed in the spaces provided on the form, with the
signature of the bidder or of proper signing autlloñlies of the organization bidding. If a joint bid
is submitted, it must be signed by each of the bidders and witnessed.
The Municipality of Kincardine does not bind itself to accept the lowest or any tender.
The tenders must be clearly legible and all blanks filled in.
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The Municipality of Kincardine
Tender No. 2001.()6
Page 3 of 18
4.
CLARIFICATION OR INTERPRETATION:
The specifications, attached or referred to, define the scope of work and seNices and shall be complied
with in every detail. Clarification or interpretation of the tender documents may be obtained by contacting
The Municipality of Kincardine; i.e., any questions regarding this tender are to be confirmed in writina
bv the bidder and all bidders will receive written clarification from the Manager of Public Works.
Unless othelWiss stated in writing to the contrary, your signed tender shall be taken as your statement
that you understand the scope of work and specifications including the By-laws attached hereto as
Schedule 'A', and agree to comply with same and all terms and conditions stated in the tender
documents.
5. TENDERERS TO INVESTIGATE:
Each bidder is required, before submitting his tender, to examine and satisfy themselves as to the
general area of The Municipality of Kincardine where the work is to be peñormed and satisfy themselves
as to all conditions thst may be encountered during the performance of the work.
No claims will be allowed after the submission of a tender or award of a contract on the basis that there
was misunderstanding of the terms and conditions or specifications or for any other reason.
6.
MANDATORY BIDDER'S MEETING
Contractors intending to submit a tender !!!I!§! attend a mandatory bidder's meeting scheduled for
Friday, June 8th, 2001 at 9:00 sm at the Municipal Office, 1475 Concession 5, R. R. #5, Kincardine,
Ontario, N2Z 2X6.
7. TERMS OF AGREEMENT
The collection duties ofthe successful tender will commence at 12:01 a.m. on September 1st, 2001
for residential and commercial collection. The term of this contract shall be three (3) years respectively
ending at 11 :59 p.m. on September 1st, 2004, as written, but may be extended by mu1ual agreement.
8. ADDENDA
Any and all addenda to the Specifications, Information for Bidders, or General Conditions which may
be sent to bidders during the term of preparation of tenders shall be considered part of the contract
documents and shall be acknowledged as having been received on the Form of Tender in the space
provided.
9.
TENDER DEPOSIT
Each tender shall be accompanied by a bid deposit in the form of a bid bond or Dominion of Canada
bonds or a certified cheque payable to The Municipality of Kincardine in an amount equal to ten percent
(10 %) of the total amount tendered. The bid deposit of all tenders except the two bidders considered
to be the principal contenders will be returned when a contract has been completed and an acceptable
security, as determined by the Municipality of Kincardine, has been filed by the successful bidder. If the
successful bidder defaults in entering into a contract or in flUng a performance bond, The Municipality
of Kincardine may resort to another bidder and the bid deposit will be forfeited as provided in Article
6 of General Conditions. No interest will be paid by The Municipality of Kincardine on any bid deposits.
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The Municipality of Kincardine
Tender No. 2001-06
Page 4 of 18
10. AGREEMENT TO BOND
Every tender shall name in the space provided on the tender form, the proposed Guaranty/Surety
Company, lawfully doing business in the Province of Ontario as set out in Article 5 of the General
Conditions.
11. PROOF OF ABILITY
The tenderers shall be competent and capable of performing the scope of works and coHection services
specified and shall provide with his tender on his letterhead the following information:
Type of organization - i.e. partnership, individual ownership limited company
Ministry of the Environment and Energy Registration Number
Location of Head Office
Number of persons employed
Number of persons to be employed under this tender
Number of years in refuse collection operations or fleet operation
List of other municipalities, individuals or companies currently or previously contracted
with for similsr services
Number of back up equipment available (Model & Year of Vehicle & Packer)
The number, typa and details of vehicles and equipment proposed to be used on this
contract
Copy of the vehicle safety certificates
Any additional pertinent information may be supplied at the bidder's option
The intent of The Municipality of Kincsrdine will not be to award this contract to any tenderer
who does hot fumish satisfactory evidence of sufficient experience in this class of work, or who
has not sufficient capital and vehicles and equipment to enable him to complete same
successfully during the term of the contract.
12. METHOD OF BIDDING
Complete the Form of Tender attached and provide the separate prices ss requested.
(1) Base Tender Price
The tender shall be submitted as a lump sum per year as per Tender Form T-1 and this
price shall be all inclusive including labour, material, overhead and profit to provide for
collection of all residential and commercial refuse.
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The Municipality of Kincardine
Tender No. 2001-06
Page 5 of 18
TENDER FORM T1
(PART A)
ITEM DESCRIPTION LUMP SUM I YEAR TOTAL (INC. GST)
1. Ward 1 N/A N /14
2. Ward 2 "'fA N/A
Tc:mqL. ~LL. 3 10 I T1.1.ø38.3~
3. Ward 3 ¿ l1ì lø3B.?~
4. Provisional Item
Pick up of Cardboard at r-J/A N/A
Curbside in Ward 1.
Commercial every Friday,
Residential monthly
Optional
Purchase of
Existing
Municipal
Equipment MIA
5. Garbage Packer Truck N/A
Unit #1 08, 1989 Ford
Tandem, automatic
transmission, Jaeger 20
yd packer.
6. Garbage Packer Truck
Unit #116, 1987 Ford NIA t-J fA
Tandem, automatic
transmission, Fanotech
20 yd packer.
Total $lll lÞ38. ~ ~lìl ,<..35. 3¡"
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The Municipality of Kincardine
TenderNo.2001-D6
Page 6 of 18
TENDER FORM T1
(PART B)
FORM OF TENDER
TENDER OF -g'(2l1re. At2~A 'SOLI (') kJ~ï"E Kkf'-lC.c....11\..l Eo,
the undersigned COI-IPAN'I of the 1õv.J N ofS~UE.~t:N S-tOiZES
in the County of "'BR..u.c.E.
I/We, having carefully read and considered the Tender Information for Bidders, Specifications, Terms and
Conditions, Schedules atlsched thereto and The Town of Kincardine By-law Numbers 1993-20, 1993-25, 1993-
76,1998-04 and page 3 of the Municipality of Kincardine Schedule of Consolidated Fees By-law Number 1999-
146 for the performance of refuse collection services within The Municipality of Kincardine, do hereby offer to
perform such services for The Municipality of Kincardine of the type and quality and in the manner described,
subject to and in accordsnce with the terms and conditions as herein provided; the undersigned will provide at
my/our expense all the means necessary for the performance of such services.
The parties hereto agree that in the event there is a conflict between this Tender Contract and any of the By-laws
contained in Schedule 'A' atlsched hereto, the provisions of the Tender Document shall hsve priority.
COMPLETE THE FOLLOWING AS CALLED FOR IN ITEM 11 OF INFORMATION FOR BIDDERS
1. My/Our bsse tender price for the collection of all material is $ 'ï Î .Ie 38 . .3/..
We acknowledge receipt of Addendum No.
"'fA
to
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I/We enclose herewith our bid deposit in the amount of $ I ì .2.9 3 .B'f- dollars in the form of a
"f"""'" r w=.-:>u e . If the successful bidder defaults in entering into a contract or in filing a performance
bond, The Municipality of Kincardine Council may resort to another bidder. CISlO'. n EO D Cµ ~u..e: UJJU2.(J.J"T\... ...,
1-\8-C> B~ I'-\.l..\UtL.It>AL'ï"ý ùf"" KI o...>CAt:!ÞINE .
If the successful bidder fails to enter into the contract within seven (7) days after being requested so to do by The
Municipality of Kincardine, as provided by Article 6 of the General Conditions herein, the said bidders bid bond
or deposit shall be forfeited to The Municipality of Kincardine as liquidated damages and not as a penalty. This
tender is irrevocable and open for acceptance for sixty (60) days after closing date. Acceptance may be subject
to approval of The Municipality of Kincardine and The Ontario Municipal Board.
The successful tenderer must comply with the Environmental Protection Act, R.S.O. 1990, E.19, as amended
and the regulstions thereunder as amended.
The tenderer proposes the undernamed GuarantylSurety Company: cs: e'n 4'"1 ç:D r.u CI::> U¡;:: I""¡ /..J E. u..
which is willing to become bound with the tenderer in the amount stipulated in this tender for the due
performance and fulfilment of the contract for which this is stender.
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The Municipality of Kincardine
Tender No. 2001-06
Page 7 ofl8
A copy of the Town of Kincardine By-law Numbers 1993-20, 1993-25. 1993-76, 1998-04 and page 3 of the
Municipality of Kincardine Schedule of Consolidated Fees By-law Number 1999-146 is attached as
Schedule "A' hereto and shall form a part of this tender finallv acceDted.
SIGNED, SEALED AND DELIVERED AT St:Iu.E£Et-) 5~~""
THIS ~ DAY OF SEPT6H~(2 2ooif-
NOTE: If a limited company, signature
of authorized officer under
Corporate Seal is required.
I NAT E OF CONTRACTOR
I/We h e Authority to bind the Corporation
G E:u~i2AL. HANA6¡£t'2.-
TITLE
/24- Co....:>C.ESS/O,..J IY-
ADDRESS
~Ll'I-lAHPíON ON! N.m::I.ß..Lo
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The Municipality of Kincardine
Tender No. 2001-06
Page 8 of18
GENERAL CONDITIONS
1. DEFINITIONS
AI
BI
means The Corporation of The Municipality of Kincardine.
MUNICIPALITY
MANAGER OF
PUBUC WORKS
means the person for the time being filling the office of the
Manager of Public Works of the Municipality or any other person
authorized by the said Manager of Public Works to act on his behalf.
C)
CONTRACT
means this agreement and includes the Bonds, or Security, the
Specifications, the General Conditions, the Tender and Tender
information for Bidders and any other documents referred to in this
agreement or attached thereto.
DI
CONTRACTOR
or a pronoun in place thereof, means the person or persons who have
undertaken to perform and carry out this contract, the successful
bidder.
F)
LUMP SUM
means the total all inclusive price of all labour, materisls, overhead,
profit, levies, imposts and all other costs (excepting those charged for
use of the landfill site) charged to the Municipality for the collection of
all collectable refuse and household rubbish at the frequency
specified, and disposal of same at the landfill site.
GI
TENDERER
means synonymous with ·bidder".
2. TENDERS
All tenders for the execution of the work specified or referred to must be made without any knowledge,
comparison of figures, or arrangements with any other person making any tender for the same purpose,
and that ~ is in sll respect fair and without collusion or fraud. Tenders must cover the cost of the
completion of the work in every respect in accordance with the contract.
Tenderers are required to fully satisfy themselves as to the practicability of the works, snd every part
thereof before tendering thereon and the tenderer by his signature thereto, assumes all responsibirlty
in respect thereof.
3.
DEFINITION OF CONTRACT
The work required to be done by the contractor under this contract comprises the collection of
commercial refuse and household rubbish travelling all pubUc streets and stopping at every residential
or commercial unit as outlined in the attached schedutes within the Municipality limils for ·curbside· pick
up and the dumping of same at the Municipal Landfill Site or such other location as may be designated
therefore, by the Municipality and all such work shall be performed by the contractor in accordance with
the attached specifications, these General Conditions and the Instruction to Bidders. The contractor will
be required to provide at his own expense all and every kind of labour, vehicles, tools, equipment,
articles and things necessary for the due execution of the work set out or referred to in the
specifications.
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The Municipality of Kincardine
Tender No. 2001-06
Page 9 of18
4. CONTRACTOR'S LIABILITY
The contractor, his agents and all persons employed by him, or under his control including sub-
contractors, shall use due care to ensure that no person or property suffers injury or loss (including
death) and no rights Qncluding inventions, industrial property and patent righ1s) are infringed, as a result
or by reason of the prosecution of the works or operations of the contractor under this agreement or
existence, location or condition of any vehicle, machinery, plant or materisls used therein or due to the
failure, neglect or omission of the contractor or any of the persons setout above to do or peñorm any
or all of the acts or things agreed to be done or peñormed under this agreement, and the contractor
shall be solely responsible for all damages by whomsoever claimable in respect of any such loss, injury
or infringement of righ1s. The contractor on a solicitor and client basis shall assume the defence of,
indemnify and save the Municipality, its agen1s, officers, and employees harmless from any and all
claims, demand loss, damages, actions, suits or other proceedings (and any costs, expenses thereby
incurred by the Municipality) by whomsoever made, brought or persecuted in any manner based upon,
occasioned by, or attributed to any such loss, injury or infringement.
5.
SURETY AND BOND
The contractor, together with a GuarantylSurety Company (approved by the Manager of Public Works)
resident in Canada and authorized by law to carry on business in Ontsrio, will be required to enter into
a bond in an amount equal to the value of the work contracted for annually and in a form approved by
the Municipal Solicitor, to ensure the completed execution and fulfilment of all the terms of this
agreement by the contractor as same pertains to the refuse collection services and all other terms and
conditions of this agreement and a copy of the said surety bond shall be deposited with the Municipality.
The expense of preparing the bond and executing the same is to be borne by the contractor.
The contractor shall provide satisfactory assurance no later than November 30th in each year of the
contract, that the bond has been reneYMd for the following renewal period. Failure to do so may, at the
option of The Municipality of Kincardine Council, result in foñeiture of the contract. In the event that
bonding is not available, a certified cheque in an amount equal to ten percent (10 %) of the total
tendered amount payable to The Municipality of Kincardine will be an acceptable altemative. The
cheque will be deposited in The Municipality of Kincardine general fund and will be returned upon
successful completion of the contract. These funds will not accrue anv intsrest while in the possession
of The Municipality of Kincardine. Should the contractor not peñorm any part of the contract, The
Municipality of Kincardine will use the funds as liquidated damages to pay for the completion of the
contract. The Municipality of Kincardine will also accept a letter of credit Qn an acceptable format) as
an alternative form of security.
6.
DEPOSIT CHEQUE
If the tenderer is awarded the contract, he or they will sign the contract agreement prepared in
accordance with these instructions, the general conditions and specifications, within seven (7) days of
being requested so to do by The Municipality of Kincardine. In the event of failure on the part of the
successful tenderer to sign the above referred to contract agreement. the deposit, bonds, or cheque
will be foñeited to the Municipality as liquidated damages and not as a penalty.
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The Municipality of Kincardine
Tender No. 2001-06
Page 10 of18
7.
INSURANCE
The contractor shall take out with an insurer licenced to carry on business in Ontario a comprehensive
policy or public liability and properly damage insurance acceptable to The Municipality of Kincardine
providing insurance coverage in respect of anyone person and any one accident to the limit of at least
five million ($5,OOO,OOO.OO) 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 Municipality as an additional insured thereunder and shall protect the Municipality against all
damage or injury including death to any person or persons and for damage to any property of the
Municipality on a solicitor and client basis or any other public or private property resullilg from or arising
out of any act or omission on the part of the contractor or any of his agen1s, workmen, employee or
persons under his control, including sub-contractors, during the execution of this agreement.
Before the commencement of any of the operations hereunder, the contractor shall produce to the
Manager of Public Works a certified copy of the policy or a certificate thereof. The insurance coverage
noted above shall be maintained in force throughout the !ann of this agreement.
8.
WORKER'S COMPENSATION
The successful bidder will be required to fumish a letter from the Workers Compensation Board
indicating that the company and any sub-contractors have complied with the requiremenls of the
Workers Compensation Board and are in good standing on the books of the Board after the tender
closing.
The contractor shsll at all times pay, or cause to be paid, any assessment or compensation required
to be paid pursuant to the Worker's Compensation Act, and upon failure to do so, the Municipality may
pay such assessment or compensation to the Worker's Compensation Board, and shall deduct or
collect such expenses under the provision of Section 10 of this condition. The contractor shall at the
time of entering into any contract with The Municipality of Kincardine make a statutory declaration that
all assessmen1s or compensations payable to the Worker's Compensation Board have been paid, and
The Municipality of Kincardine may, at any time during the performance or upon completion of such
contract, require a further declaration that such assessmenls or compensations have been paid.
9. ASSIGNMENT AND SUB-LETTING
The contractor shall not assign or sublet the contract or any part thereof or any benefit or interest
therein, or thereunder, without the written consent of The Municipality of Kincardine which consent may
be unreasonable withheld by the Muncipality.
The company shall be held as fully responsible to The Municipality of Kincardine for the acts and
omissions of its sub-contractors and of persons directly or indirectly employed by ~ as for the acts and
omissions of persons directly employed by ~.
All paymenls to the contractor shall be made out of funds under the control of the Municipality, its public
capacity and no member of Municipal Councilor officer of the Municipality is to be held personally liable
to the contractor under any circumstances whatsoever.
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The Municipality of Kincardine
Tender No. 2001-06
Page 11 0118
. 10. MONIES DUE THE MUNICIPALITY OF KINCARDINE
All monies payable to The Municipality of Kincardine by the contractor under any stipulation herein, or
to the Worke(s Compensation Board, as provided hereunder, may be retained out of any monies then
due or which may become due from the said Municipality of Kincardine to the said contractor under
this or any other contract with The Municipality of Kincardine, or otherwise howsoever, or may be
recovered from the contractor or his surety, in any court of competent jurisdiction, as a debt due to The
Municipality of Kincardine and the Manager of Public Works shall have full power to estimate such sum
even though the amount of such sum to be so retained may be ascertained
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11. LIENS
The Contractor and their surety or themselves, their executors, administrators, successors and assigns
and any and all other parties in any way concerned, fully indemnify on a solicitor and client basis The
Municipality of Kincardine and all its officers, servants, and employees for any and all lisbility or
expenses by way of legal costs or otherwise in respect of any claim which may be made for a lien or
charge at law or in equity or to any claim or liability under the Mechanics' Lien Act or to any attachment
or debt, garnishee process or otherwise. The Municipality of Kincardine shall not in any case be liable
to any greater extent than the amount owing by it to the contractor. his executors, administrators,
successors, and assigns.
12.
EMPLOYEES
The contractor agrees that The Municipality of Kincardine is not to be deemed the employer of the
contractor nor its personnel under any circumstances whatsoever.
Should any overseer, mechanic, driver or workman employed on or about the work or in connection
therewith, give any just cause for complaint, the Manager of Public Works shall notify the contractor in
writing, stating the reasons therefor, and the contractor shall dismiss such persons forthwith and he shall
not again be employed by the contractor on any Municipality of Kincardine work without the consent in
writing of the Manager of Public Works.
13.
FORFEITURE OF CONTRACT
If the contractor neglects or compounds with his creditors to commit any act of insolvency, or shall
transfer, assign or sublet, or at1empt to transfer, assign or sublet this contract, or any part thereof lWhout
the consent of The Municipality of Kincardine or if at any time the work or any part thereof is, in the
judgement of the Manager of Public Works, not executed or not being executed in a sound or
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 Manager of Public Works or to comply with any reasonable order
he may receive from the Msnager of Public Works, or if the contractor shall persist in any course in
violation of any of the provisions of the contract, then in each and -ry such case, after twenty-four (24)
hours written notice from the Manager of Public Works to the contractor, the said Manager of Public
Works shall have the full right and power, at his discration, without process or action at law, to take over
the whole operation, or any part or par1s thereof specified in the said notice, and out of the hands of the
contractor and the contractor upon receiving notice to that effect shall vacate possession and give up
said operations or the part or par1s thereof specified in the said notice, peaceably to the said Manager
of Public Works, who may either relet the same to any other person or persons with or without its
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 he, the Manager of Public Works, may consider
necessary or advisable including drawing on the surety and bond referred to in Section 5 of this
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The Municipality of Kincardine
Tender No. 2001.06
Page 12 of 18
Agreement in order to secure the completion of the said contract to his satisfaction; and the contractor
and his surety in every case shall be liable for all damages. expenditures and extra expenditure and for
all additional cost of the work which may be incurred by reason thereof. All of the powers of the said
Manager 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 contract and otherwise in respect of the contract, shall
nevertheless continue in force.
14. OTHER RIGHTS
The contractor, his agents and all workmen and persons employed by him or under his control shall
use due care that no person is injured and that no property is damaged in the prosecution of the work
and the contractor shall be solely responsible for all damages to person or property including theft,
whether the property is owned by the Municipality or any of its employees.
15. BRIBERY OR CORRUPT PRACTICE
Should the contractor or any of his agents give, or offer any gratuity to, or attempt to bribe any member
of the Municipal Council, officers or servants of the Municipality, The Municipality of Kincardine shall be
at liberty to cancel the contract forthwith or to direct the Manager of Public Works to take the whole or
any part of the works out of the hands of the contractor under the same provisions as those specified.
16.
NOTICE TO CONTRACTOR
The Contractor shall provide adequate protection for workers and the public at all times under the
applicable Federal and Provincial StaMes, in accordance with all Municipal by-laws and regulations
together with any additional safety measures that may be necessary.
The Contractor shall observe and comply with all Municipal and Provincial safety regulations and
shall obtain and pay for all permits, fees, etc. that may be applicable in canying out the work.
The Contractor must ensure that during the performance of the work of this contract, its personnel re:
equipped and wear appropriate safety apparel: footwear and equipment. E.g. CSA Approved Safety
Boots.
Any notice or communication to the contractor shall be deemed to be well and sufficiently given and
served if handed to the contractor or any of his clerks or agents or if posted or sent to the address by
facsimile transmission or regular mal given in his tender for the work attached hereto, or his usual place
of business, or to the place where the work is to be or is being carried on. or if posted to or left at his last
known address; any papers so left sent or addressed shall be considered to be, and to have been
legally served 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 of any other matter, it shall not be obligatory upon the Manager of Public Works to
specify minutely or in detail everything required nor 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 any of the
requirements of the specifications have not been observed; but a reference in such notice to the clause
or clauses bearing the matter, and a description of the locality in general terms and sufficiently clear,
in the opinion of the Manager of Public Works to indicate where the defect or trouble exists, shall be
deemed to be and shall be ample notice.
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The Municipality of Kincardine
Tender No. 2001-06
Page 13 of1S
17. LANDFILL SITE
All material collected will be deposited at the Municipal Landfill Site (Subject to M.O.E.E. ApprovaQ
located at Wards 1, 2 and 3, and in accordance with the Manager of Public Works' direction, or at
such other location as may be designated by the Manager of Public Works.
18. HOURS
The following are the hours established for the Sites:
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Ward 1 (former Town of Kincardine) Bruce Avenue. Kincardine
Monday 1 :00 pm - 3:00 pm
Tuesday 8:00 am - 2:00 pm
Wednesday 1 :00 pm - 3:00 pm
Thursday 1 :00 pm - 3:00 pm
Friday 8:00 am - 12 noon
Saturday 8:00 am - 12 noon
Ward 2 (former TownshiD of Kincardine) Lot 15. Conc. 5
Winter hours - first Monday in October until first Monday in May
Tuesday 10:00 am - 5:00 pm
Saturday 10:00 am - 4:00 pm
Summer hours - first Monday in May until first Monday in October
Tuesday 10:00 am - 5:00 pm
Wednesday 5:00 pm - 8:00 pm
Saturday 10:00 am - 4:00 pm
Ward 3 (former TownshiD of Bruce) Lot 17. Cone. 2
Winter hours - first Monday in October until first Monday in May
Tuesday 1 :00 pm - 5:00 pm
Saturday 9:00 am - 5:00 pm
Summer hours - first Monday in May until first Monday in October
Tuesday 12 noon - 5:00 pm
Saturday 9:00 am - 5:00 pm
NOTE: Landfill site hours are subject to change.
Access to the Landfill Site during required collection days will be faciliteted by the
Municipslity of Kincardine.
. 19. OTHER LOCATIONS
Should other locations be designated as disposal grounds, or should any annexation or amalgamation
order be issued by The Ontario Municipal Board or should any statute be passed during the term of this
agreement which materially changes the boundaries of the Municipality, the contractor may submit to
The Municipality of Kincardine Council, a request for price adjustments with proof that the closing or
relocating of the disposal grounds. and/or proof that the contractor travelling distance has substantially
increased which situation has increased the contractor's cost and to what extent When adequate proof
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The Municipality of Kincardine
Tender No. 2001-D6
Page 14 of18
has been established to the satisfaction of The Municipality of Kincardine Council shall arant the
contractor a oroDOrtionate increase effective as of the date of closina or relocating of the disposal
grounds. or the effective date of any order of The Ontario Municipal Board or statute. as the case may
be affecting the cost as herein before referred to. The contractor must submit such request within sixty
(60) days after changes in the disposal grounds have been made by The Municipality of Kincardine. or
within sixty (60) days of the effective date of any such order of The Municipal Board or statute.
20. PERMITS
The contractor shall obtain and pay for at his own expense, all licences or permits required by law or
statute or regulations made thereunder.
21. COMPLIANCE WITH LAWS
The contractor shall comply with all Federal. Provincial. and Town laws. statutes. regulations and by-
laws.
22.
PAYMENT
1. Payment by The Municipality of Kincardine to the successful tenderer. will be made monthly
in the month following the date upon which the aforesaid service has been performed.
2. Payment for the work to be done under the contract will be at the lump sum rate paid to the
tenderer for the contract period.
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The Municipality of Kincardine
Tender No. 2001-06
Page 15 of18
SPECIFICATIONS
1. GENERAL
The contractor will be responsible for maintenance, repairs and all other operating costs of the
equipment supplied including fuel, ficensing, insurance, wsshing, storage, etc. The units to be used for
the performance of the services, as herein provided, must at all times be of that type and capacity as
approved in the tender (Proof of Ability).
2. EQUIPMENT
2.1 The contractor shall at all times provide, fully maintain and operate a sufficient number of
vehicles to peñorm the collection services specified herein.
The Manager of Public Works shall have the right to cause the contractor at any time after the
commencement of the contract operation to increase the number of collection units to such
numbers as may be determi'led by the Manager of Public Works, thereby ensuring sdequate
performance of the contract.
2.2
Units to be used for the peñormance of the services as herein provided must have fully
enclosed drip-proof steel bodies of sufficient capacity, capable of loading, compacting and
unloading the refuse mechanically, mounted on adequate truck chassis all to the approval of
the Manager of Public Works.
The use of straight trucks will be permitted. These trucks must be enclosed to ensure no waste
is allowed to blow or fall off of an open truck.
All vehicles must contain the required current Provinciel Safety Certificate.
2.3 Trucks must be equipped with a radio or cellular telephone that will allow the Public Works
Department to reach the trucks.
3. CARE OF EQUIPMENT
All equipment purchased, acquired or supplied by the contractor must be kept clean at all times. The
contract shall be prohibited from displaying any advertising matter whatsoever on any of the collection
units operated under the provisions of this contract. The Manager of Public Works may require the
contractor to display markings on his vehicle and containers as The Municipality of Kincardine may
deem requisite. The contractor may display company names, etc. as required by Provinciallagislation.
4.
EMPLOYEE APPEARANCE
The contractor must ensure that all employees engaged in the collection services maintain at all times,
while so engaged, a high dagree of cleanliness.
5. MANAGER OF PUBUC WORKS
All work to be peñormed under this contract shall be supervised and must be peñormed to the
satisfaction of the Manager of Public Works.
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The Municipality of Kincardine
Tender No. 2001-06
Page 16 of 18
6. COMPLETE COLLECTION
The contractor shall perform such services as are required, including but not limited to, all those
services described herein, to provide a complete collection system travelling all public roads and
stopping to pickup at each residential and commercial unit, and shall not, be entitled to receive any
remuneration from the Municipality other than that provided for in Article 22 of the General Conditions
and at the tendered prices.
7. HOLIDAYS
No collection shall be made on Sunday, Good Friday, Christmas Day or New Years Day and further that
the Landfill Site is closed on all staMory holidays. The regular collection schedule is expected to
continue uninterrupted on the statutory holidays not listed above.
8.
CHANGES IN SCHEDULE
When a holiday is observed by the contractor, collection shall be accelerated so as to be completed
within the calendar week. The contractor will advertise all changes to collection schedules occasioned
by observance of a holiday, in the local newspspers at least two (2) weeks before the change in a 10
cm by 13 cm. advertisement.
If severe weather conditions do not allow regular schedules proceeding, the Contractor shall notify the
Public Works Manager and the OWen Sound Radio StatIon (CFOS am560, fm106) and Wingham Radio
Station (CKNX fm102, am920) immediately. The scheduled day missed shall be made up on the
following collection day.
9.
CHANGES NOTICES
All changes and notices In connection thereto in the collection schedule shall be approved by the
Manager of Public Works before same becomes effective and the contractor shall be responsible to
advise the general public by a notice published in the local newspaper at his expense of any changes
in the days of garbage collection. For minor changes in collection times, the contractor may deliver at
his expense hand bills to all affected householders.
10. ROUTES
The Manager of Public works shall provide tha contractor with the proposed areas for collection and
disposal and the Contractor shall obtain the Manager of Public Work's approval for their collection
routes. Collection must be completed on a weekly schedule. Residents along the lakeshore must be
scheduled for collection on Mondays
11.
STREWN GARBAGE
The contractor is to carry shovels, etc. in order to pick up and clean an area if garbage bags are broken
and strewn about, (within what is deemed to be reasonable limitation).
The Contractor is to notify the Public Works Manager of any such infractions immediately.
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The Municipality of Kincardine
Tender No. 2001-06
Page 17 of18
12. CONTACT PERSON
The contractor shall supply the Public Works Manager with a contact name and telephone number in
case collection is missed and must be picked up.
13. MISSED COLLECTIONS
15.
If the Public Works Manager determines that the Municipality must cany out any part of this contract,
the contractor shall be inwiced for the work undertaken. If not paid within 30 days the amount invoiced
will be deducted from the contractor as provided for under General Conditions, Section 10.
14.
LABOUR DISRUPTIONS
If the contractor is delayed in the Performance of the Work by labour disputes, strikes, lock-outs
Oncluding Iock-ou1s decreed or recommended for its members by a recognized Contractor's Association
of which the Contractor is a member), fire, unusual delay by common carriers or unavoidable casualties
or, without limit to any of the foragoing, by any cause of any kind whatsoever beyond the Contractor's
control, then the contract time shaH be extended for such reasonable time as may be mutually decided,
but in no case shall the extension of time be less thsn the time lost as the result of the event causing
the delay, unless such shortar extension of time be agreed to by the Contractor.
USER PAY GARBAGE SYSTEM
The contractor acknowledges the user pay garbage system within The Municipality of Kincardine as set
out in the atlached By-law snd agrees to abide by the by-law. The contractor also agrees to assist the
Municipality in policing the by-law, including, but not necessarily limited to, placing rejection stickers on
non-complying refuse, reporting offenders to the Pubic Works Department, meeting with offenders to
explain the offence and find solutions and to assist the Public Works Department to make the system
run efficiently.
16. SEASONAL ROADS
17.
18.
The contractor is expected to travel seasonsl roads and the following private road; Lake Street in
Inverhuron, and pickup garbage on seasonally maintained roads from May 1 until October 31.
PRIVATE ROADS
The contractor is not expected to travel private roads with the exceliion of those identified in ssction 16
above. Residents shall be required to place their garbage at the intersection of the closest Municipal
Road on Collection Day.
SURPLUS GARBAGE PACKER TRUCKS
The Municipality of Kincardine may have two surplus garbage packer trucks that are availsble for sale.
Tenders are invited for the purchase of these trucks, they are as is and will be available once the
contract commences. The trucks may be viewed at the Wsrd 1 Municipal Works Garage between 7 am
and 3:30 pm Monday to Friday. Written submissions can be included with this tender in Form T1 Part
A, items five and six.
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The Municipality of Kincardine
Tender No. 2001-06
Page 18 of18
19. DESCRIPTION OF WARDS
WARD 1
WARD 2
WARD 3
Previous Town of Kincardine - approximately 51 kilometres of urban
roads, approximately 2781 stops.
Previous Township of Kincardine - approximately 208 kilometres of
rural roads, approximately 1401 stops.
Previous Township of Bruce and Tiverton - approximately 230 rural
and 10 urban kilometres of roads, approximately 1143 stops.
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The Municipality of Kincardine
Tender No. 2001-06
Schedule 'A'
Page 18(a) of 18
SCHEDULE 'A'
By-law No. 1993-20
By-law No. 1993-25
By-law No. 1993-76
By-law No. 1998-04
Page 3 - Coosolidated Fee By-law
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THe CORPORATION OF THeTOWN OF KINCAROIN!
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BY-LAW
Bt-LIW BO. 1993-20
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.A ar-LUf ora v,..".,....... D:I COLLIICTtOH AJID D%S1'08U. or 1lASt!!
AJID 'fO I!IICOIIItIGII DSTB 1JIDOC1'I0I!f, REUSE un IIIICft:LIJIÇ m
ma 'fOIiIf 01' CBCUDIBB.
1ftII!J!US 1:I1a Council for The Corpor~tion of tile tOWII of
ltiJ3cardiJ3a deems it d....irable to cODsolidate all %Ules and.
rsgulaticns for the collection <lDd disposal of garbage, refuSe
aød eslleS ¡
AJID WIIIDI2I\S tbe council for 'l'he Corporation of t!1. TOWD of
XincardiJle desires to promote waste recluctiDII, reuse and
recycling¡
NON .~ the council for The C:arporatiaD of the Town of
ItJ.neardine ~ as follows, .
DU'IMITtOlfS
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1.1 "Jlsh JIrsa" 8ho.ll .....n aD area of the site des.ignated. by
siga or otberviee and establishad for tbe pu:pose of
disposillq of ~sbes.
1.2 "Ashes" shAll Nan and inclucle wood, coke or coal ash,
. eiDders, albien", 1nert Boil and sweepinqs.
1 , 3 '1Iðq !'aq' shall !lean 0. clearly identifiable taq used. to
indicate that" tippinq tee hAs been paid and ~pproved,
by resolution, tor sale by tile council of The COrporll1:1on
of the T01lll of ltinc¡¡rdine.
1.4 "Box: board" &hall _n non-corruqated c<lrdboard.
1.5 "Bundle' shall mean <I number of pieces of material of
simUa%" size IJId COmpOsiti01l sec:urely tied. toqether.
1. 6 'Cardlloarcl' shall mean and include all Jll4terial made from
corrugated paper, excluding previously recycled proc\ucts
end specific iøported cU'dDo~rds,
1. 1 "C~rcial" shall mean anYtbJ,ng pertaining to premlses
occu¡¡>ied ud us&li as a ret<lil or wholesale outlet tor
servJ.ces or matEl1'i~ls that are or intended to be oftered
tor sale to the general pUblic.
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1. a "CCIIIpOst Ar....· shall lIaall an area ot the s1 ta
desiqna1:ad by si91l or otherwise !IIId established for the
purpose of compasting lsaf and yard waste.
1.9 'contaiDar" shall mean a metal or p1astie garbage
cOl1taj,¡:uor wider at 1:I\e top than at the bottom, of a size
no greater than 78 1itra$.
1.10 "CODS'truc:tioD Ilateria1" shall mean waste that is derived
from eODstructiOD processes and of su!ficieDt size,
volume or weight that would make 1t uasuitable tor its
disposal in garbaqe bags or eontainers.
1.11 "Disposable solid wasts" shall mean and inelude garbage,
refuse aDd litter but shall not include recyelable
matsrials.
1.12 "DcnIIesUe· shall refer to anything pertainiDq to pr.unises
occupilld and used solely as hlllMD habitatiOD.
1.13 "DUmpøter" shall mean a waste disposs.l bin, ....tal bin or
eODtainer plaeed by the oparewg authority at or Dear
the eatr:ance to the &i te and marked by signs or otherwise
as sueh.
"¡¡¡forcing officer" shall uan a IllWÚcipal by-law
enforc:emeDt officer appo1nted by the 'rOW to eDtorc" the
provisions of Tawu by-laws.
"rill arêa" ehall meAD the portioD of the site approved
for the disposal ot solid waste by the IliDbt:ty of the
EnviromaeDt or other authorized ProviDeial agency.
"Garbaqe· shall mean aud iDclude all vegetable aDd animal
matter eabjeet to deeay, whether it be bousebold.,
cOBIarcial or 1ncl.ustrial waste.
"Garbage bags" shall _ garbage baqs manufact=ed for
the use of garbage disposal baviDq a 1DIIXiJIIum size of 77
em by 97 ""'.
"Garbage packer truck'. shall ,.MD a Uuck with an
eDelosed lcad.-carry1uq receptacle and. maehinery used to
compact the load,
"Gubage cGllect10n sebedule" shall _ .. calendar
published by the TOWII to give the <mien aød occupiers of
premises 1101:1ce as to the de.y upon wlù.cI1 vehicles will
call to pick up disposable waste ami recyelable
aater:!.Als .
1 .. 20 "HighlY combustible material" shall inc:lucle: photo-
graph1c film, celluloid., gasoline, oil or other fla:aaable
liquid, or ...teri4ls soaked with allY of the sWle.
1. 21 "¡{ousehold hazardous w..ste" shall iDclUde: paints,
stains, varnish, uretbaues, oils, herbicides, pesticides,
car batteries, pharmaceuticals, pool ehêJIÛcals, gas
C:Yliadeu.
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1.16
1.17
1.18
1.19
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1.24
Page 3
"tllctustrial Waste" shall mean waete derived frCIII
indutdal processes and being of SUfficient 91ae vollJllle
or weight that woUld make it unsuitable for d1sposel
using garbage bags ot" containers.
"Jliqht soU" shaJ.l mean any exct"_nt (includinq human).
"occ:upj.~r" shall mean a penon who is in physical
poSSasBlon of premises or who has responsibility for and
coll1:rol aver tile con<1itiou of preaisas or tile actiV1tíes
tb.~a carried on, or oOBtrOl over persons allowed to
enter tha premises.
1 . 2S "Operatinq A11thori!:y" shall 108411 The Corporation of The
TOIII%i of ItJJ:¡cardille Or its authoriZed representative.
1.26· "OWI¡er· shall include the occupier of property and the
persOll, far the time belnq, managing or receivtøg rent at
the laDd or premises in conn~ion with whic:b tha work is
used vIIethar on their own accolUlt 01:" 58 ageBt or trustee
of aJr'/ oth.... person or wllo would so rliOeive the rent of
suc:b land and preœises were rented, 4IId shall also
include e lessee ot" occupier of th.. proparty who unde"
the tatlllS of the lease is required to repair iUHI. maintain
tl1e property in ~ccotàance with ¡l1Iulicipal by-l~ws.
1.27 "~nmJ.ses" shall mean ~nd include one self-contained
dwelling unit, residential o. COIIIIIØZ'c:ial; and in cases
"he~e buildinqs are subdJ. V1ded and in poseessicm of two
or lllere occupien, eeoh occupier shall be deeIIed to be an
occupier of premises within the meaning of tllis By-law.
'I!efuse" sball lieu and include all waste materials such
~s bro\cell crockexy and 'llas¡¡, j ers, bottles, bones,
disca1:"ded wearing apparsl and all kinds of refuse not
subj ec:t to dacay.
'Scavenqug' shall mean the unauthorized removal of
r""sab1e IIIðteri~ls fr01l in, aroUJld or among disposable
solid waste at the Site.
'Sc1:"ap ..eta 1 arsa" shall mean the area ill the Site
desigllated by siglls or otherw1.oe for the placement of
metd, steel, iron, alwninUIII or other metallic IIIIIcerials.
"The Site" shall mean tl1e Town wuta llaaaqement Site as
deac:ribecl in schsclule "A' attached to tllis by-l...., as
amended frOlll time to time.
"Tippin'l lee" shall be a tea, as eS"..ablished in tha
Town's consolidated fee by-law, charged by the TawD for
the plac8llleat of d1spa"4bls sol1d waste at the site.
"TOWII of Itlnca.di.ns' shall mean The Corporation of The
Town Of Xinc5rdine, also referred to 1n this By-law as
the tow' .
, 1.28
1.2S
1.30
1.31
1.32
1. 33
1.34
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"Wood ðrea" shall mean the area in the site designated by
signs or otherwise for the placement of woed, brush, tree
hranches or other woeden materials.
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R2SPOYSIBILITIR9 Og THE TOWN
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2.1 Whøn a property OWIIer has entered into a site plan or
ather contractual 8q1:eement with the 'lOw, t!14t aqreement
shall take precedence over tbis By-law as it applies t~
the subject ~remises.
2,2 A callectian service for disposaÞle solid vaste for
occupj.ed z:esJ.<1eIItial and cOl11lllSrc:ial prllllÚ.ses wit:hirl tile
lwts of the l.'OWD ahall be provided on the followinq
basis:
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a) Domestic premises - weekly
bJ CoIIIIIercial premises - five t1mes a weell:
bet....en the hours of 8:00 /I,m. - 10:00 a.m. Mollday
1:0 niday.
A schedule of collection shall give notice as to the day
upon which vehicles will call to pick up disposable solia
waat., said lIotice t:o be given by mail, delivery or
publicat10n by the Town.
2. 3 )Tot ilIcluded in the cOIItaillør llwaber refecred ta herein
is the recyeliøq or "1Ilue Box' pravided by the 1'0l1li far
recyclable materials, the card1loartl recycling prOqr/lDl and
DLIItezial placed far pJ.ck up durinq the Special Sprill; ;md
F/lll clean up programs.
2 . 4 The wries depart:llellt of the 1.'own shall provide a
collect1a1l service once every mouth for recyclable
cardboar11 for every oc;çupi8<l pruises wi thiD the limits
of the Town. A weekly cardboe.rd callectian will be
provided to /Ill cOIIIIII8rcial premises. A schedule shall
;i ve notice as to the day upon which the C41:dlIoud "ill
be collected frOlll ac:cupi8<lpremi.es /IDC! cOJlll1erc:ial
establishments. l.'he cardJJoard will IIOt IIsad to be placed
in a colltainer as defined 111 clause 1. 5 .
neces80ry to lUke up the said accounts.
3. S All revellu8s collected :roll the sale of bag taqs sh4l1 be
\l5ed by the TOWII to assist in Ill4illtainiDq a systsm tor
ths collectioll, reJllOvel and diapoSAl of waste iUId to
assist the town ill its initiAtives 1:0 reduce, reuse and
recye18 all .ste proc:lUc:1:S.
2.6 When garbaqe collections cannot be JllSde 00 tile re<; llJ.ar
day as prescribed by the collection schedule, tlue to the
illcidsllce of holidays or for any other x-.eson, the ~OVII
shall make all rS/lsoaaJ:Ile effort to notify affected
residents by the publication of a suitable lIotice in a
local IlØVspaper.
2.7 !he'llOr" department shall Dot relllQve any lIWIure, sight
soil, springs, IIIIttrassss, furDiture or consttuctiOD
I114terials, lIor /IllY crates, wooden baxee trOll! aøy premises
except: for /ll1Dually scheduled special pickups an:anqed by
the 1'o1ØI. 1.'he ower or occupier will have to III/Iks
special anangemeats with private contractors for any
pickups not: provided for ill this By-l/lw.
2 . a The works department shall not collect: any ta<;qed
contailler <>r bag in excess of 11 1<.11oqrams.
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RISPONStRILITt2S or R!SID~! AND rn~CIAL
gS"'ABr..!g-~g
3.1
Garbaqe baqs ISnd contaÍJ1ers:
41 shall be kept on the prEllllises that is tile sourc:e of
the waste beiDq disposed of; and
b) slIall be placed for collection by tile Tøwn ÍJ1 the
manner ilDd 10ca1:1on prescdbed ill tJUs by-law betwe81\
9 ;CO p.m. of the evening pdor to tile day of collection
aDd 8:00 a.m. on the day of the colleetion.
o""up,i"",e of prol1lhes shall utllize the services of the
blue bCI>c proqr.... as provided by the IIrllce Are. liaste
Rscycl.ing AsllOcilStion. Failure to dO so wll rl!!SUlt .in
~ge not beinq removed from the premises and it will
be l.Ip to tile oCC1.\pier to dispose of the garl:lage in IS
_er cont01'llÌng with tt1J.s By-law.
All cardboard shall be collapsed, fonJled iJlto a tnmåle
and seCU%ed in IS manner thlSt facilitates un1I4l hallcUioq.
IIJoD-reGye14bls c:udbo4rl1 MY .be Þtmdled act placed 1St the
cu.:b prov1ded that a baq tag ,ill vis,i )ly afiJ.Dc1 to the
buac:lla ¡ such bunctle shall not exceed .25 CQbic: .e~se 111
volwae.
110 persoll sllall all ow empty qarbaqe colltainers, or any
disposabls solid waste not collected by the rown to
reIIIÚD 111 the locat.ion specitled 111 this By-law; for
pick l.Ip of such vute after J: 00 p .11. 011 the day
specified 111 this By-law tor collecticm.
3. S GUbaqe _1' be placed ill collt4.Î.nara equipped Witl1 tightly
fitted lids SlId proper lIaIIdles it all waste is first
secursly placed iDside plastic or papu baqll. TIle top
bag shall have <lffixed to it a bag tag that is cl..."l1'
viSible WIlen the lid of th'" contailler is nIIIOVed.
J,6 keb. bag shall have affixed ta it an approved TOwn of
IUncardiae qarbaqe Þag tag.
3 . ? 110 pUSOll shall place garbage tar pick-up"Þy the Town
UDleaS the same baa heeD packaqed or prepared ill
accoJ:dallce with tllis By-law,
J . B Owners of property, where it is dallied mors convenient in
the op1n1on at tile Town of KiDcard1na to IISke colleçtioll
frail the rear of the prelllisas, shlSll be lIOtJ.fled that
collectionll lEY he _de by ellteri!lq IBIIss or alleys.
Dllrillg winter amtbs path_YII must be IllLiJltaiDed cleu of
SIlO. and ice wIIere ceçessary to penit convelli eIIt access
to receptacles placed tor COl1ec:t1OD, III the case of preises 10C4ted in 0l1tly1l19 d.1stricts of the 'l'cwn
situated on streets Which aay not be open far traffic
durinq wintar Il10111:115, receptacles sbaU be placed by the
occupJ.er at the lIear&llt practical poiDt at: the curb or on
the bc1.llevard of the near....t st1'<let wbieb. is opeD for
traffic.
3.9 IIJo persall shall place dlspollable solid Wllte IUtedats
for collection ill accardance with this By-law except
durinq the time specified herein for collectioll ot the
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3.10 In all cOJmIIercial premises including restaurants, grocery
storee, fruit ~d vegetable stores, bU1:cher shops,
refresbmen1: stands I flour aJld feed stores or in auy
premises where it is necessary to accumulate garbage in
large amounts, the same shall be placed in a qa~e rc~
c:'. b~ so =.Qr..st:;u~ac. 't..~a.'t: -:h.e Sð:ne prevents t.:1a ~t:;4t.c:e
of t:'1as¡ ratà or o'Cl1er verMin, ud tJJe sil.Í.d t'aom or bia
sbAll be maintaJ.nsd in a sanitary condition at all times.
3.11 There shall be no pick up of cartons, wOOden or fibre
containers, except under the pravisious of section ~
aboV9 and then only if each container is 110t more than
0.34 cUbic IIlØtres or Dot more than 11 kg.
3.12 No persen shall place highly COIIbusUbla J\1ð.terial ill a
garbage con1:ai.t1er for pick up by the 1'0WII iD accordance
with this !iy-law I either in a separated foUl or combiued
with otber disposable sol1d waste JllS.terials.
3.13 Il1O person shall place aahes ill a qarbaqa container for
pick up by the Town in accordance with tI1is By~ liIw ,
either in a eep..ratsd fom or combillsd with other
disposable solid was!:e ...tadals.
3.14 No person shall pick over, interfere with, disturb,
remove Or scatter any disposable solid waste ..terials or
any container therefore. placed for removal ill accore!ance
with this By-law, whether the same is coutÙlled in a
garbage OOJItainer or otherwise, unless the person is ..
representative of the or""" authOr:l.Hd tor garbage
collaci:iol1, or .. person ilUthOrizsd by the owner or
oceupier to remove the garbeqe of the saie! OWIIer or
occ:upiel:.
3.15 No person sllall remove a beq tag' from a bag of refuse .
belanqinq to another.
3.16 No pereen shall copy. coun1:erteit or in any other way
attempt to replicate the 1'01111 of IUnc:a%diDe baq tag,
3.17 Every person shall place waS1:e for disposal on the road
allowance directly adjacent to their own property.
3.18 110 person sh..ll knowingly spill, scatter, deposit, throw,
cast, lay or cause to be thro711 any waste on any street,
lane, alley, laneway, public or private way, or in GY
public squAJ:'s, place or private lot.
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1ßV.G~/OP;:RATTml OP THE' '49'1'8 Y1\HA(;~ SITE
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4. 1 The ToW1I shall provide end designs tEl such arMS wi tI1in
the waete lIIIIIIaqement site as it daEJIIIS necessary and
app~rlete for the depositi"", temporary storage,
handl~ng and processing of all wastes I:equlated under
tD.1s by-I..".
4.2 All disposable solid waste collected by the works
depar~nt or by any citizen or private cOntractors
withiD the liDIits of the l'OWD shall he depgsitecl a1: the
Sita. Recyclal:lle Jll4terial frOll the "BLt!! BOX" and.
"Cardboard Program" I will be aecep1:ec1 only ..t the
facilities provided for the collection of these
ilia terials.
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l'aqe 7
~he Site shall be under the supervision ot the manager ot
puÞ.1.ic works or other /luthorized Town official. An
ad_t. lltatt shall be I114int4ined by th.. lllallager of
public works to supervise the dU3lPing of disposable solid
waste and to cover the ...."\Ie .i th eU'"..J1 following the
sanitary till met110Q oÏ disposal.
NO person shall place disposable solid waste at the Site
as specified on Schedule 'A' attached to this By-la...
except during the hours of operation.
4.5 !fa person shall deposit disposable solid wasts at the
Site coming frOll a source loc/lted outside the ~own of
Xincard1ne.
4.5 All waste delivered to the Sits as authorized by the
operating /lut!lcrity shall be placed ill the Site lIS
follows:
Disposable solid waste in the designated fill area or
b1n;
Wooden products in the area designated for wood:
Ketal products ill the desiqn4ted scrap metal /lrea;
!!'ire products in the design/lted tire area;
Pl:'OpaDe and other COIIpresad gas contaillers in the
designated area;
Auto produQts in the designated auto &rea;
CQDIPOstable materials iJI the CDlllPCstinq area;
Household hazarc QUB IIBStes in the household baZudous
waste area;
ea"dboard in the uea for cardboard.
Asbes in the area for ashes.
A)
b)
c)
d)
e)
f)
g)
h)
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4.1 Inelo.ad VAbi~løR
ITa pROlan shall enter the site hauling dispasable solid
wasts in a truck or trailer unless the load is completely
enclosed or equipped with a suitaÞle coverillq or
otherWise secured to preveJ11; any of the load frem leavinq
the vehicle prior to dumping 111 the permitted area.
4.8 Un8uthori'7M PAr!R:ðnS
No person shall enter the Si 1:a for any purpoee other than
depositillg disposable solid vaste in peaú.1:ted 1Ire&S
without the prior approval ot the operating authority.
4.9 Di~~al~.. !chedule
4.10
.
fees for tile disposal of w12ste at the Site shall be as
escaÞ1islled in the Town's consolidated fee by-law.
Ifotice at such fees and any c:I1anges tbereto shan be
published by the ~Dwn in an appropriate manner, and shall
be applicable to all persons authorized to use the site.
Hou!'~ of cmerat.ið:n
NO person shall deposit retuse, garbage, trade IlIId
industrial weste aDå building IMterials 111 t!le Site other
than on those days aDd during those times u may be
established by tha Town from tiIIIs to time. 1I0tice of
such dates ADd times and any changes t!lereto shall be
plÙll1shed by the TOwn in an appropriata manner.
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GBNERAL P~nvlSIONS
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5 .1 Þployees of the works department engaged in garbage
collection shAll be provided with s"¡t4.ble tools and
shall gather up and remove any of the contents of the
receptacles 1f!Iich NY be ¡pUled ill b4Dclling. The saici
employees shall replace th.... as llearly as possible in ehe
SaJIIO loc.u:icm ill vhich they vere placed by occupiers
aDdlor owners of premises for pick-up purposes.
5.2 In cases where the occupier andlor owner of any premises
is physically incapacitated to such an extsnt that the
occupiat 4Ddlor owner is unable to comply with the
:egulations , special arrang......nta t/lAY be ....cle with the
manaqer of public works.
5.3 For the purpcsas of this By-law, the definitions and
interpretations given in this By-law sball govern. In
this Øy-lAw, "shall" is mandatory; !!Ortis in the singular
include the plural; words in the plural ÍIIclucle the
sillgUlar; worcls used in the mascul1¡¡e gander include the
£....1'111>10 and vice VerSll.
5.5
. 5.6
5.7
5.4 This By-law shall be e¡¡forced by eøforciDg officers as
defined herein. For the purposes of eDforc1nq the
provisions of this By-law, enforcing ofUcers œay inspeC":
garbage placeci on public property.
Every person wIIo contravwee any provisions of this
by-law is guilty of an offence and is subject to the
penalties as prescribed in the Provincial offences Act,
a.s.o, 1990, Chapter P.!!.
By-law !lumber 1992-31 passed on t!le 4th day of J'une,
1992, be l1.li4 the same 1a hereby repealed,
This by-law shall COlIS into full force and effect upon
ita final passage.
s. S This by-law may be cited as the "Waste JiW:lagement
By-laW" .
!lUll) a I!'DIBT and SBCOIII) time this 8th day of April, 1993.
REI\ ) a THIRD time and FIHALL!" P&SSID this 22n<l day of April,
1993.
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rHE CORPORA TIQN OF THE TOWN OF KINCAADIN E
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AMENCEOIFIEÆAf;£Dev
IMAWNO ,91/·.4
cwr:n ";J,M.itt-; I~ ,9'1'
BY-LAW
BY-LAW MO. 1993-25
·
A BY-LAIf 'lO AIIIIID TJlB NlSU ""1ftl!"""""1' BY-tAlI 1'01. ftB 'lOIIJr
01' XDICIIIDnIB. AID fa AIŒIID SCIŒXIDLI "A" OF 1'D 'I'CIIIB" S
CCIISOLIDIIßD rB1I Bf-LMI
WIIB1!US By-taw 110. 1993-20 vas passed on the 2.:111d day of April
1993, to utaJ:Il1sh rules and requlae10ns for wasee ~nt;
lIIID _uU By-Lev 110. 1993-24 was also puse4 on the 2200 day
of Jlpril 1993, in order to replace Schedule "A" of Byo-Law I/o.
1993-7 to include tbe f..". for bag tagsi
AND ~1IIM tbe COUnc:i.l for the CO~ration of the Town of
ltinc:ard.ille deSJIIS it expedient to &IIIIIIId. the vaste l1IIU1agE!l1leDt
By-LAw all4 tÅo consolidated tee by-law, Schec1ule "A', in order
to clearly establish the need far hag tags on solid d.iapasaJ:Ile
waste, privately tak8JI to tIIs lauelf:i.ll site;
IIDIf '1'IIBIIBII'ORB the CCNDc:1l for The Corpora1:ioD of the TaWIl of
ItJ.Dcard.ine IIIIIC1'II as follows:
1, That SectiOJl 4 of By-Law 1993-20 be U1endecl to inc:lucle
the following clauses:
4.5 1110 penon shall place disposable soliel
wasts at the site nAless such waste is packaged
in acc:orcl4nc.. wi tII the pJ:OVisions of this
by-law aDd a bag tag prøperlyattixed.
4. ¡; wute af suff1cient size, volwae or weight
that wo\Ûd Uke it unsuitable for its elispoliSl
in garbage baqe or containars¡ shall be placsd
in the appropriate are¡¡ of of thlt s1te and. neeå
oot bave a bag tll.q afUxed. In suc!I cases the
tipping telts established in the Town's
Consolidated Fee By-Law sball be applied to
&ad! lo«d.
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2 .
4.7 ~rcial C:OMp4Ctors utilizinq the site,
will be c:harge<l the cubic yard rate ea1:ablUhec1
by the 'town's cousolidatlld tee by-law.
That SchedUle ·A', section G. 1tlOllll, of 5y-uw 1993-24,
be auDde<l to incluc1e the following:
'Cbegged disposable solid waste shall have a bag
ÞaIJ teq affixed)"
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3,
EVery person who eontra~enes any pro~isions oi ~~$
by-law is guilty of an offence ana is SUbject to the
penalties as preseribeà in the Provincial Offences Act,
R.S.O, 1990, Chapter P.33,
!nis by-lav shall sr~ll be åeemed to come into full !cr=e
and e:f~ct, rð~rQac~:Yely, ~QOn the fi=gt day of May,
1993.
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4.
s. '!'his by-law m..y be cited as tne "Waste M4naqSlllellt and
Consolidated Fee, Amendment By-Law-.
IUW) a fIRST, SSCOIID ana TRIIID time ana rIDLL't PJlSSED this 6th
day of May, 1993.
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THE CORfORA TION OFTHETOWN OF KINCARDINE
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BY-LAW
BY-UW ¡ro. .1993-15
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A 8Y-LaW M JIIII!III TI!B 1Ii\SD: 101'"""""""" BY-I.AIf raa TJIi 'rOIIIII
01' ICJICAIDIIIB
__... By-Law !la, 19f3-Z0 was PASsed 011 the ¡¡lid c1ay of April
BU, to establish rules and requlatiaDs for vasta IllliDllgemeDt;
JUII) -1Z\S By-Law !fo. 1993-a5 wae paesed on the 6th day of
Kay 1993, to amend the rules Gd regu.latiøDS for waste
1IIUaAq8lleøt ~
ARD _..s.. tile council fa... TIle corporation of the Town of
Itlnc:udine de8111S it exped1en1: to again uraead the waste
lUDaA¡emeII t By-Law;
JIOII" ~ the Council fa... '1'he Co:rporation of the TOW of
Kincardine ~S as follows;
1, '1'lI4t section 1 of By-LaW' 1993-aO be Am.."'¡"'¡ to iJlclude
tile tollowizlg clause:
1.26 PenOl1 shall mean and include one or IIDre persons,
Caxpo....tioDe, portDerships, ....ociations 0... other
legal entity.
a. '!'hat clause a.2 b) of By-Law 1913-20, 'be ~JI..n4ec1 to
nad:
caaerc1al pr8ll1sas - four times a weeIC
betfteD the hours of SIOO a.... - 10: a.m. 'l'Uesdoly
to Fr1do1y
3. '1'l1at Sec:1:ion 4 of By-La" 1993-20 be amended to include
the following clauses:
b)
.
4.13 _ste cODtaiD!ng chloroflonroca...ÞoDS, (aC's)
hydrochloroflouroc:nl1oDs, (BelC'S) IIIId
hyœoflourocarl1ons (IIFC' s) shall IIOt be depaai tea
a.t the site.
4.14 Stonqe containe.... with Labals iIId1cat~ that it
cozrtaias or did cOI1t4in II flouroc:arl1ons
refriqel.'Snt 811&11 not be accepted for disposal at
the site.
4. U TIle TOWII '<1111 only accept for disposal,
ref...igerat1on equipment that displays a tag or
notice siglleQ by a certified person tbe.t it is
I!!DIPty of flouracarboD ...efl.'iqer4Dts,
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4.
That Clause 4. 7
reacl as follows:
4.7 cama~clal oompactors o~lizing the site, shall be
cluulqed II rate based OJ! weiql1t as establ1sheã by
the !own's consolidated fee by~laY.
of BY-Law 1993-25 be ameneled to
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5.
~ perSOD 11110 contravenes any provis1ans of this
by-law is gu11'Cy of aD offence and 1s subject to tile
pe.ad~es as prescriheà in the ProvincIal Offences Act,
a.a.o. 1990, Chapter P.]3.
õ. This by-lllw sœU shall be deemed to came Iirto full
force and effect upon the first day of January, 1994.
7. This by-law may be cited as the "Waste MaIlaqement
Amendment By-taw·.
lUW> a rIRS!, SI!COIID and TIIIJm tille and I!'nmLLT PASSBD this 16th
day of December, 1993.
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THE COIlPORATlON O~ THE TOWN Of KINCARDINE
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BY-LAW
BY-LAW NO. 1998-04
À BY-LAW TO AMIND 1m WAS'l'EXANAGDŒNT BY-LAW MJl
'11IE TOWN OF KINCA1IDJ!Œ.
wna...U By-Law No. 19!13-20 \VIS pwed Oft die ~ day of A lri11993. 10 d3Iili.b
IIIIu 1114 resuIaûoM Ibr...astel"""....eot;
_ AND ~P'''S By-law No. 1993-25 MI I&UId OD die ~ day of May, 1993 to
aIarIy _hU'" the noo4 1br baa II p 011 solid diapoubl. -. privately IÛ:OIIIO lb.
Iaad6U;
.
AND wa-II'U die COWICÍlb- duo CocpanIioII of Ibo TCI'MI of ~ '11DW
deams it --.ry 10 ropItIII WUIe, iam ~o1 Ir'IIU,; lake to duo IIIId&II ÜI
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NOW 1'JIJIRDOlŒ the CouD<:iI £or n. CotpoIllioa at 1b8 TOWII or tiDClllliDe
ENACI'S..IbIIowI:
I.D That Sec:tiOll4.0 ofby-law 1993-2$, is hereby reacløded IIId repIaœI with the
ibDo'otIDg:
4.S No pIrSOD shall pI_ diJpoubIllOIiII_."" aite II1II....:11_
is pIdœp! ÎII ~ with tho proviIÌOIIt or Ibio by-law ud .
muøicipal baa lIB aðiDd.
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4.6 ladutIrial, CømmeråaI lIIdIor r......l1ioa.l_ of ..,II!";at size.
vobmIe ...... oWubla £or cúpoaI ÎII sut>ar boat or.....æ-.. obIIII
be p1aœ! ill tho~. area of tho IIIIdfiU aa4.-i1laC haw . ba8
tag dœcI. 1'11_ _the lippÍ!l& Iioeo ....kG...... ia the Town's
Coaaolidalal F.. By-Law sbaII be applied 111 adlload.
4.7 Mi>œd !old. ficm _ci""hauIer~ """"'~1'C:IÏdIDIial
domestic pbaøe, will be llllblbiæclliom ilia JaadfiII.
4.8 cOlllmOlclil COIIIraCIan sIIaII be eIIqed based GlIb weight of die load;
...eII cbIrsee lItO .-IJ:.1...i ia !he TOWII'. COIIIOIidIIod F.. AølrdmenI
By-Law.
4.9 The propeRia It 100 HaIbaur Street, IaIøn IS CouriII Hañour
Con"""';";"""!; IIId, the propcnies at 385 Lambton Stn:et, /moWII IS
FodIa LambIœ Court, sbaU be _ It 1iom the proviaiou COIJbI;....t ill
seetÎoII4.7 otthiø by-law.
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By-law No. 1991004
2.0 l!wry penaÎI who coaIr'MrIes any proviaions of this "'.law is suilty of 111
otfe!u:e and upon oonviC!ÍOl1 shall 110 ...bject ~ tbo pcaaIti.. .. pn:ocr:bed in rho
Pm1lincial 04\mces Ml,lI.S.O. 1990, Chap. P.33.
3.0 This by-law IIIIIl coma iaIo' âdI fore. aø<I efI'ect U IOII jlltiaal passage.
4.0 Tbis1ly-1awlD&}'btciœd ulbe "WUle~AmaldmBRII998,
By........
DAD a:rmsr lAd SECOND lilutbi! IS'" day ofl8IIIIII'Y 1998.
READ ~ TJmU) ~ lAd I1NALLY PASSED this 19'" d8y on......, 1998.
l1L¡(, ~
Mayor ,
?(.:..~ \..... u.
Oct
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COlUaüdaÞ=d Fee (KecnaUDaa& ~a) AaaflD4mcat, .8Y·Law 1m
As all'Wrúd. by By-lAw No. 1999-40, S" 71. 146
St""1l"llDULE "A"
Paps
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C.
Kincardine CemeterY Rat.. (Dlus G.S.T.\ (cont'd)
Monument Maintenance Rates
Rateoavers and Non-Rate'Cavers
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I) Flat marlws over 113 square inches
2) Upright awkor 4 feet or t... in height and 4 foot
or less in length. including the base
3) Upright awkor more Ihan 4 feet in either height
or length, including the base
4) Storage
5) Disintetmotlt and reintennenr
$ 50.00
$ 100.00
S 200.00
$ 40.00
$ 1,200.00
Plus any other costs
D. Connau"ht Park Tournament Fe.. (Dlus G.S.T.)
1. Payable by all groups wishing to hold a ball toumamotlt at Connaugbt Park, with the
exception of those groups which pay an anmW user foe to the Town of Kincardine.
Evenings S 50.00
Full Day $ 100.00
E. Parkland CIi.......
1. Land proposed for development or redevelopment for 2% of value
co11llDOlCial or industrial purposes of the land
Maximum $500
2. Land proposed for development in other cases 5% ofvaloe
of the land
Maximum $500
F. Fire Denartment Fees (no G.s.r.)
· Wood Stove Insurance Inspection $ 25.00
Letlets to ~ Companies $ 25.00
Air cyÜndet reñlls S 6.00
Fire hose rentals (one leagth) $ 20.00lday
Copy of Die report S 40.00
MiI!t'!hllft1f'!:II.1 false aJæ:ms $ 300.00
{per truCk
G. LandfiD Site Fees (110 G.s.T.)
Ward Nt Wein S...le S...r.m
Domestic (i. e. Household Garbae)
1. On. bag of gazbqe without tag S 2.00
2. Trailer, pickup track. car $ 10.00
LC.t CTndustrial C~i.1 Institutjnn~1)
3. One bag of garbage without tag $ 2.00
4. Refus. by weight $ 50.00ltoll
Wards N2 8< 3 Cubic Metre S..tem
DDm~mll'! (Le. ~r\u-knld Garba2e)
1. One bag of gubage without tag $ 2.00
2. Trailer, pickup track. car S 10.00
3. One cubic metre of garbage $ 8.00
I.C.t (TndnmiJtl C"""m~ Institutional)
3. One bag of garbage without tag S 2.00
4. One cubic metre of garbage $ 8.00
. Wards 1. 2 8< 3
1. Car and light truCk tiIes 1... than 16" $ 3.00
2. Car and light !ruCk tires less than 16" with rim S 5.00
3. Large tires over 16" S 15.00
4. Tractor tires per unit S 25.00
5. Appliances &: C.F.C. =oval S Free
6. Cardboard &: recy<:lable materials S Free
1. Compost, brush and yard waste $ Free
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MUNICIPALITY OF KINCARDINE
TENDER FOR
CONTRACT NO. 2001·13
~
~
COLLECTION OF CARDBOARD
DOWNTOWN AREA, WARD ONE
(
This is Schedule "B" to Bruce
Area Solid Waste Recycling
(BASWR) Agreement dated the
/7'fh day of November 2004.
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THE MUNICIPAUTY OF KINCARDINE
Contract No. 2001-13
Page 2
IN~TRUCTlONS. TERMS AND CONDITIONS - GENERAL
1. Tenders must be returned, sealed in the enclosed self-addressed envelope no later
than 12:00 Noon local time, Friday, October 12", 2001 to:
The Municipality of Kincardine
1475 Concession 5
R.R.#5
Kincardine, Ontario
N2Z 2X6
2. Tenders must be submitted on the form provided. The bidder shall complete and
return the Schedule of Prices.
3. Documents must be completed in all aspects and should have the appropriate
signatures where indicated.
4. Tenders which are illegible, incomplete, unbalanced, conditional, obscure or contain
irregularities may be rejeáed.
5. Tenders must be typewritten or completed in ink.
6. Erasures and alterations must be initialled in ink by the signing authority.
7. Bidders are cautioned against qualifying their tender in any manner whatsoever as
this may result in their tender being rejected.
8. This tender submission is irrevocable and open for acceptance until forty-five (45)
days after the closing dale.
9. The lowest or any tender will not necessarily be accepted.
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t 16.
17.
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20.
THE MUNICIPALITY OF KINCARDINE
Contract No. 2001-13
Page 3
10.
only bidders having sufficient and sdequate equipment to perfonn the work of this contract will be
considered. Submissions must include a list of equipment which will be used to maintain collection
of cardboard. The Municipality reserves the right to visit the bidders premises to examine its
resources.
11. This Contract is for a period of one (1) year November 1", 2001 to November 1't, 2002. (Note: the
starting date for the contract is negotiable).
12. This Contract will be awarded in its entirety and on the basis of the submission, which best meets the
needs of the Municipality. In this regard, the decision of the Municipality is final.
13. ThIs Contract may not be assigned, sub-contracted or let out in whole or in part, without the prior
written consent of the Municipal Council.
14. Meetings between the Contractor and the Municipality will take place to diSQJ5S the Contracto~s
perfonnance on an ongoing basis to follow up on any problem(s), which may have been discussed at
prior meetings. The interval of these meetings will be detennined by the Contractor's perfonnance.
In the event that aU or any part of the WOIk is deemed unaa:e¡:UbIe by the Municipality, payment for
all services, or for the applicable section of the work, will be withheld until such time as the work is
deemed acceptable by the Municipality.
Prices must remain finn throughout the life of the Contract. Only submissions quoting finn prices will
be considered.
In cases where mlsœUaneous work is required over and above the regular contract specification, an
hourty wage rate win apply. This rate must be specified on the Schedule of Prices. The hourty rate
will commence on anival at the job site.
18.
The Municipality reserves the right to add or delete properties throughout the tenn of the
ConIrIIct.
19.
The Contractor shall submit an invoice monthly.
TENDER DEPOSIT - A certified cheque made payable to The Municipality of Kincardine in the
amount of $500.00 must be submitted with the tender.
The tender deposits of all but the lowest two Tenderers will be retumed within fourteen (14) days after
the closing date. The tender deposit of the two lowest Tenderers will be retained until a Tender has
been accepted, the required surety and other documents specified have been accepted, and a
Contract has been executed by the Owner and the Sloccessful Tenderer.
The tender deposit of the Tenderer to whom the contract is awarded shall be forfeited should he fail to
execute a Contract and provide satisfactory documents as required, prior to signing the Contract after
receiving written notice of the Owne~s intent to award the Contract.
Tenders not accompanied by a certified cheque will not be accepted.
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24.
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THE MUNICIPALITY OF KINCARDINE
Contract No. 2001-13
Page 4
WORKERS' COMPENSATION - The successful bidderwlll be required to furnish a letter from the
WOlkeIS' COmpensation Board indicating that the company and any sul:H:ontractors have complied
with the requirements of the WoIkers' Compensation Board and are in good standing on the books of
the 80aJá after the tender closing.
22. The Contraàor shall pay all dues and assessments payable under the Unemployment Act or any other
Act, whether Provincial or Federal in respect to the Contractor. its employees. operations and sub-
contractors.
23. The COntractor shall indemnify and hold harmless the Municipality, their agents, officers and
employees from and against allliabililies. damages. costs, claims, suits or actions by thilå parties
attributable to bodily Injury, sickness, disease or death or to damage to or destruction of property
caused by negligent acts or omissions of the contractor, its officers. agents, servants, employees.
customers, invitees or licensees, or occurring in or on the premises or any part thereof arising from or
occasioned by any cause whatsoever. except where SUCh damage or Injury is due to the act, default or
negligence of the Municipality, their officers and employees.
UABlUTY INSURANCE - The Contractor shall take out and keep in forœ until the date of acceptance
of the entire worx by the Municipality, a comprehensive policy of public liability and property damage
insurance acceptable to the Muniåpality providing insurance coverage In respect of anyone accident
to the limit of at least two million ($2,000,000.00) inclusive. against loss or damage resulting from
bodily Injury to or death of one or more persons and loss of or damage to property. Such policy shall
name the Munlcipatity as an additional Insured thereunder, Shall contain a cross-liability clause and
Shall protact the Munlcipatity against all claims for damages or Injury Including death to person or
persons and for damage to any property of the Municipality or any other public or private property
resulting from or arising out of any act or omission on the part of the COntractor or any of the
COntractor's offioers. agents, servants, employees, customers, invitees or licensees during the
execution of the contract. Such policy shall be extended to Include the following endorsements:
Personal Injury Uability, ConIraáuaI Uability, Owner's and COntractor's Protective Coverage and
COntingent Employers Uabllity Insurance.
25. AUTOMOBft.E LIABIUTY INSURANCE - The ContIaáor shall provide Automobile Insurance in a
fonn acœplable to the Municipality, In respect of licensed vehicles to a limit of at least two million
($2,000,000.00) Inclusive for bodily Injury, death and damage to property in the following forms:
(i) Standard No~ Automobile Policy including contIactualliability endorsement.
00 Stanclalå Owners Fonn Automobile Policy providing Third Party Uability and Accident
Benefits.
IÞ
26.
The Contractor agrees !hat the Municipality is not to be deemed the employer of the COntractor nor its
personnel under any ciraJmstanoes whatsoever.
27. The COntractor Shall provide adequate protection for wor1lers and public at all times under the
applicable Federal and Provincial Statutes, in IICCOItIance with all Municipat by-laws and regulations
together with any additional safety measures.
28. The Contractor shall observe and comply with all Municipat and Provincial safety regulations and Shall
obtain and pay for all permits, fees, elc. thai may be applicable in carrying out the WOIt..
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THE MUNICIPALITY OF KINCARDINE
Contract No. 2001-13
Page 5
29. The Contractor must ensure that during performance of the woJ1\ of this Contract, its personnel are
equipped and wear appropriate safety apparet, footwear and equipment. i.e. CSA Approved safety
bootS.
30.
111e woJ1\ of this Contract involves the collection of cart1boart1 on a weekly basis. The collection area
is defined as the BusIness Improvement District (see attached map).
31.
All cart1boart1 shaD be placed out for collection in accordance with The Corporation of the Town of
Kincart1ine By-law No. 1993-20.
The tenn of the Contract may be extended for an additional period of lime on the same terms and
conditions provided written notice is given by the Contractor to the Municipality on or before
September 3d" 2002. The Municipality reserves the right to renew or not renew the Contract.
All cardboart1 that is coIleåed under this Contract shall be placed in bins at the Wart1 1 Landfill Site
(Option No.1) or at the BASWRAI Recycting Plant, Southampton (Option No. 2).
Rate per hour per person for miscellaneous woJ1\ required over and above regular contract
specifications.
PER PERSON $ 21 .00 Ihr
PLUS G.S.T.
$ -0-
= TOTAL $~I, 00
COMPANY NAME OR INDIVIDUAL: 8f2.UC.E; AREA "SOL-I£> L.:)eQt'-TE"
KI;:L"f c...w ~q
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THE MUNICIPALITY OF KINCARDINE
Contract No. 2001·13
Page 6
FaUu.. to III'OVide the foIlowina Information with your submission. will be cause to consider Your
submlaion ßOI\of'IHiDOftsiv8 and ther&farø to be diAnualifiRd.
EQUIPMENT LIST
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"SlOE
5
Make
'INTL
TN'"t'"L
Model
Model Year Rate Per Hour
40
REFERENCES
Ust below, three reference of similar customers:
Customer's Name ..
1. <)AUi':\6E ,j S-MO~:S . "'f"OWN Dr
2. '8DDr~-rOÑ. "-'"1...>1(..1 PAL-IT'-! OF
3. ~~ 'Ra.Uc.ç'Ç>ËNllo.l....UI A. íDl.ùt>J oF"
.. C-u.R.8SI£~1::: c...o~C.T,o,.J /'oJ SE.'J E'fl.A '-
~~ '101..\. I£\R6 Aw~R.~.
Telephone No.
Ç"tc1- ß~-rJo08
5IC:¡-BRI- dðd.3
51'1-'534-- ILfQü
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THE MUNICIPAUTY OF KINCARDINE
Contract No. 2001-13
Page 7
\/WE ACKNOWLEDGE AND HAVE CAREFULLY EXAMINED THE INSTRUCTIONS,
TERMS AND CONDITIONS AND SPECIFICATIONS REGARDING THIS TENDER.
THE BIDDER BY THIS TENDER, OFFERS TO COMPLETE THIS CONTRACT IN
ACCORDANCE WITH THE TERMS FOR COLLECTION OF CARDBOARD,
DOWNTOWN DISTRICT, WARD 1.
Signed at SALlG.IëEN ~ DRE':S this 2c'rr-H day of ~~ 200"\
(Municipality) (Month)
Company Name or Individual's Name '&2\,.11"0::- ~~A Sm_l£> QAS ~ R £C...-t<:"L ....,¡E
Address
\2.(p c..ot-)c..6<5"SlorJ lif, Sol...Cr1-l.AHPíO,J ,OtJ NO'"' aLO
s;.-~~¡.- ~
~~IN<:"E CA5CoNE'
Print or Type
Title 6e:.Ne:.~,-t1ANICI..-ç"Position 6~ ,JÞ/2..AL- HAI'JA6 ç:"í<.
Telephone # (€/'H1q,-E;S57
Fax# ¡<:;¡q )IG, - 54-/d
THE MUNICIPAUTY OF KINCARDINE
eu..b-t No. 2001-13
Page 8
COLLECTION OF CARDBOARD, DOWNTOWN AREA, WARD ONE
~ - DeposIt Cardboard in Bins at Ward 1 Landfill Site
Total COst WeeIdy 10 Collect CardÞollnl $ N/A
Total COst Yearly 10 CoOIct CanIbo8nI ex IZ) I $ N/A
PLUS GST $ NfA
TOTAL ANNUAL CONTRACT COST $ N/A
--
~ -Place at 8ASWRAI Recycling Plant in Southampton
Total COSt '.rteeldy 10 CdIect CanIboIIn:\ $ 6 3l,pj 00
Total COSt YeIIIIy 10 Collet Ca/dboIrd (x IZ) $. ~ì, R 7~. 00
PLUS GaT $ -e
TOTAL ANNUAL CONTRACT COST $ éYl . 8ì;;J . co
.
NOTE: Approximately 5,000 lbe. of cardboard Is collected weekly
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T1ifCORI'Ot\ATIOp.¡ OF THfTOWp.¡ OF KIM:ARDIp.¡e
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BY-LAW
BY-LAB HO. 1913-20
A Br-I.A1J ora RJmJI.An TID CaLLlIC'nOlJ ABD DISPOSJIL OF lIMn
AJID TO IIICOIIR1ICB II'lIS'l'I lIIDD=cø, RItnII: AlID IIBCft:[.IJJG DI
TID TOIiIf OP EDlCIlWDIIi.
II"IF"-G the Council for The corporation at tile TOWII ot
Kincardine ~eea6 it desirable to consolidate all rules and
requlatioll8 for the collection sod disposiÜ at garbage, refuse
and ashes,
,
AJ J) "",,-ha the COlmcil for The CorpoIat.1on of the TOWD of
Kincardine d.eains to promote waste re4uction I reuse and
recycling ;
NOW 'r!D!IIØCRJ the COUDcll tor The CœpOratioD ot the TO"" of
Kinoardine BRaCrS as follows:
DP.rIVITIotfS
1.1 "Ash Ana" aball Itlllln <10 ana of tile site desig1late4 by
siqa or othEl%1l1ee and esteblishe4 for the pu:pose of
c!isposiJlq of aebes.
1,2 "Asl1es" elulU III8U anti 1nclU4e weod, coke or coal asl1,
. cinders I clinkers, iIIert soil anti sweepiJ!qs.
1. 3 "Baq T<lg" sl1all _an a clearly identifiable tag used to
indiclt;e that II tippiDq fee lias been paid and approved,
by resolution, for sale by the cOUJ cil of The c:crporation
of the TaWIl of Kincaråine.
,
L 4 "Box board" shall mean oon-c:crruqated cardboard.
1.5 "BUAdle" sball meaD a number of pieces of lli!.tuial of
sjm1]ar size aDd composition securely tied toqether.
1. Õ "Cardl1card" sI1a11 msao and iDcluc!e 411 material made from
corrut¡Ited paper, lIXClu4iDq previously recycled prod!Icts
and specific: iIIported c:a..-dboards.
1.7 ·COIIIIIIercial- s!1all meao anything pertUoinq to prwses
occupied and used as a retail or wholesale outlet for
seIvices or materials that aIe or intended to be offered
for sale to the qeneral puÞlic.
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1. 8 'Compost Area' shall meall an area ot the si te
des.i.qnated by siqll or otherwise aad established for the
purpose of compcst:ing lea= and yard waste.
1.9 ·Contailler· shall mean a metal or plastic garbago
contaicer wider at the top thaa at the bottom, ot a size
no greater thall 78 l!tres.
1.10 'CoDS'truction Kater!al' sha.ll mean waste that is derived
from constructioD processes and of sufficient size,
volume or we:!.qht that would make it 1UIsuita.b1e tor its
disposal ill garbage bags or coatainers.
1.11 "Disposable solid waste" shall _n and include garbage,
refuse aad litter but shAll lIot :!.nclude recyclable
materials.
I
1.12 "Domestic' shall refer to anything pertain:l.ag to premises
occupied and used solely as human hab:l.tatioD,
1.13 'Dmnpster" shall mean a waste dlsposal ]:)in, metal ]:)in or
container placed ]:)y the operat.itlll authority at Or near
the SIIt:ruCS to the Site and IIIIIrked by signs or otherwise
as such.
"¡m:C:CiDg officar" s/!all II\S4n a lIIWIicipal by-law
enforcelHDt officer appo1nted by tha TOWII to entorce tIle
provisions of Town ]:)y-laIl5.
"Eill area' shall meAD the pOr".tOD of the Site approved
for the disposal of solid waste by the Ministry of the
Envi:=ent or other authorizec:! provincial ageJ.1CY.
"Garbage' shall meaa IU1d iDclude All V,eta]:)le aild ani.m.al
matt.r subject to decay, whether t be household,
coamerc:!.al or industr:!.al waste.
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1.18
1.19
"Gar~g6 hags· sball meaa garbage bags manufactured for
the use of garbage d:l.sposal having a maximum s.l.ze of 77
em !ly 97 CII.
"earbage packer truck·. shall IO&/lJI a truck with an
enclosed lca4-carry1aq receptacle and machinery used to
compact the load,
"Gubaqe collect1011 scbedule" shail 1188J1 a calendar
published !ly the Town to give ths owners ud occupiers of
pr&J01ses aocice as to the day upon wh:I.ch veh:!.cles will
call to p11:Jt up d:l.sposable waste an': recyclable
ma,t,eriAls.
1.20 "Hiqllly combustible ....terial· sllall inclwle: photo-
graphic film, celluloid, gasoline, oil or other flammable
Hquid, or !IiIt.rials soalead v:l.th aDY of the same.
1.21 "Household hazardous waste· shall ÍJlclude: paints,
stains, va'-'nish, urethanes, oils, herbic:!.des, pesticides,
car bat1:e:i8s, phar.naceuti::als, pool chemicals, gas
CYlinciers .
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1. 34
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page 3
1.22 ·!ncl..strial wlISte· shall mea~ ~ete derived frOJl\
in4ustrial processes ancl being of sufficient size volume
or weiqht that would make it unsuitable for <Usposal
usa; garbage baqs or containers.
1.:3 ·S~çh: soil· sha:l mean any excrsment (including human).
1.24 ·Occupier" &ball meM a person who is in physical
possesBion of pre=iseB or who bas responsibility for and
coøtral over the oonaition of preaiees or tbe activ1ties
tIIere carriec! on, or con1:rOl over persons allowed to
e~ter the premises.
1.2S "Operating Authority" shall m81111 l'he Corporation of The
Town of Kincardine or its authorized reprssentative.
1.26 "owner" shall include the occupier of property an4 the
perscm, for the tio". being, manaqJ.llg or rece1v1llg rent of
the land or prellÚ.ses in cQllllectian wit"'! 1Ihicll the work is
used whether on their own accaUllt or as agent or trustee
of AllY other person or wbo would so receive the rent of
such lend and premises wÞere nntBd, and shall also
inclucla a 1 essee or occupier of the prOPA1:'ty wÞe uncler
the te:rms of the lease is required to repair and mailltain
tha property ill accordance With municipal by-laws.
1.27 "PrEOl.ises· ehall mean and iDclude oDe self-contained
d.veUillq unit, reei<l8DUal or COI!IIIIt!rcial; and ill cases
"here builclillgS are suIXU v1ded an4 in posS8ssi01l of two
or mere occupiers, ","co oCCDp1er shall be deemed to be aD
occupier of pr8lloises "i1:l1iD the mealling at this sy-law.
1.2a "¡¡efuee" shall meaD alld include all waste materials such
ae broken crockery and glass. jars, Dot-..lU, bolles,
<Uscarded _rinq apparel and all IcilJds of refuse not
I\Ibj ect to decay.
'Scavallqillq' shall mellll \:JIe unauthorized removal o£
reusable mater141;¡ trOll! ill, aroUlld or amcnq <Usposable
solid. waste at the site.
'scrap metal area" shall mean the area ill the site
dssigDated by siq'lls or otherwise for the placemsnt of
metal, stesl, .1r01l, Aluminum or cn:her lIIeull.ic ""'terials.
"The Site" shall meall the Town waste IraIlClqeDIent siu as
d....c:r.ibed in schedule "A" attachad to this by-law, as
_lIdee! from time to tima.
"Tipping rae" shall ee a fse, as established i.' the
fown's ccnaol.idatea fee by-law, charged by the TOWII for
the plac8DeDt of disposable solid weets at the sita.
"Town of XiDcardine' shall meall me Corporation of The
roWII Of Kïllcardille, also referred to 1n this By-law as
the 'few'.
"Wood aras" shall mean t.'!e area i:l the sita desiqnate<1 by
sigDB or otherwise for the placement of woOd, brush, tree
brallches or other woo4SD materials.
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RRSPONSIBI~ITI~S OP THE ~WN
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2.1 Whsu a property O1iIIer has entered into is site plan or
other contrac:tual aqrsement nth the 'lcWII, that aqreemant
shall take precedence oVer this By-law as it applies to
tM subject ¡:remises.
2.2 A collectica service for disposable solid W2ste for
occupied residential and coœmsrcial premises within the
liJIits of 1:he 'rOWII shall be provided. on the following
basis:
a! Dcmest, .c prwses - weekly
b) Cc1IIIIIercial premises - five t1mss a week
between the hours of 8:00 a.m. - 10:00 a.m. MOnday
to Friclay.
A schedUle of collection shall give notice as to the clay
upen Wich vehicles will call to pj.ck tip tlisposable solid
wasta, sdd notice to be given by mail, delivery or
publication by t:he 'roV!!.
2.3 Not included in the cCJ taincar number referred to lIerllill
is the recycling or "Blue Box' provided by the 'rCWII for
recyclable materials, the cardboard recycling proqram and
""'te1'1al pl..ced for pj.ck up durinq the special spring <md
Fall clea.D up programs.
2 .4 The works department of the Town shall provide a
collection service oncs eVBry month for recyclable
cardlwan1 for every occupied premises within the Umits
of the 'rown. A weekly card!louà coUeC"".1011 will be
provided to all clDlllllercial premises. A schedule IIhall
give notice liS to the day upon whiCh the c:ardÞoud yUl
Þe collected f1:'ODI occupied premiaes and ccmmercial
establishments, 'rhe cardÞouà will DOt need to Þe plAced
in a aontailler as detineà in Clause 1.6.
ÞsceseClry to mClke up the said accounts,
3.5 All revenues collected tram ths BAle of haq tags shall be
used. by t.~e 'row to ASsist 111 lIICIint4iuiÞq a systBIII tor
the ,:ollectioo, riNllCval and otispesal of vaste and to
assist the 'rDWD io its iÞitiativss i:c reduce, reuse CIDd
1:'ec:ycle all waste producu.
2.6 When garbage collections CAnnot Þe made CD tile requlAr
dAY AS prescribed by the collection sc:hedule, clue to the
iacid.ace of holidays or for any other reason. tile Towa
shall make all reasonable effort to DOtit}' affected
resident& by t:le publiCAtion of a suitable JlCtice in a
local newcpaper.
2.7 '!'he wcrks.clepart:llent shall not remove any lII&Dura, aiqht
soil, springs, !Ia t tresses, turn! ture or constructiOD
materials, ¡¡Or any crates, wooden bCX88 from any premises
except: for annually schedul ed special picltups ananged by
f: )e 'r01fD. 1'I1e owner or occupier will have to lllAJl;e
s~eciAl arrangements with private contrActors for any
p~ckups not provided for in this By-law.
a. a 't'Ile yorks departmeJIt shall oot collect any tagqed
cOlltdne:- or Þag in excess ot 11 WOg:'AJIIs.
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RESPONSIBILITIES or R!SID!RTS AND COMNBRCIAL
!:g,.~BI. -gmŒN'I"S
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3 .1 Ga.rbaqe bags ðIId containe".:
a) shall be leept on tl1e pramises that is the source of
the waste be!12g disposed of; and
b) s!lall be placed tor collectio12 by the 1'øw:n in tile
manDlC' aDd 10ca1:1012 prescribed 111 tllis by-law betweQ
9 ;00 p,lII. of the evening prior to the day of collectioll
aDd 8:00 a.lI!. 011 the day of the colleetioll.
oecupiard of premiees sl1all utilize tile services of the
blue box progr... as provided by the Bruce Arq Waste
Jlecyclillg Associa t1ol1 . rail un to cia so shall result in
garbllge no1: being rsmeved from. the premises end it will
be 1111 to the occupier to cI.1 Bpose of the garbage i12 a
lIIaMe:" cCl fClJ:mi12g with tlUs By-law.
3 .2 All cardboard sbal1 be cOllepsed, foDled into a bw:Idle
and se=ed ill a llllUlDer that facilitates 1WIual lIandlinq.
3.3 lIIoll-recyclAhle cardboard III&Y !Ie ÞUDdled SDd ¡¡lscllc! st the
c:u:Þ provided that a beq taq is visiÞly ~f1x8d to the
Þuadle; such b1.Indls shall 1101: axceed .25 cab!e .e~ in
v01_.
3 . 4 1110 per"oll sllall 1111 ow empty qarbage containers, or any
cI.1spouble soUd waste liCIt colleeted by the TOWIl to
remaiD 111· the locaûon specified 111 this Sy-law: for
pic!( up of such waste Uter s: 00 p.m. on tile clay
spec1f.1.ed. in this By-law for collectiOll.
3. S GUbe.ge DIllY Þe placllc! in contaillerd eq1Ù.pped w1th tightly
fitted lids ancl proper handles 1: all waste is first
securely placad iIIside plutic Or paper bags. %he top
be.g shllll have d:u'xed to it a Þag tag tJlat ill cløarly
viei.bl e WIlell the lid of the conta1l1er 1s nIIIOV8c1.
J.5 1Aeb. baq shall have affixed to it aD approved TOlIn of
IUnca.."'li.Ule qu~e bag tag.
3. ? 110 persOD shall place garbaqe for piCk-up ~ th.8 1'Own
wees tha dame has bee packaqed or prepared ill
accoz:claJlce with this By-law.
J.8 Owners Clf p:-operty, Where it is deemed mere convenient in
the OpJ.Di01l at the Town of Eincucl.1Jle to IIake collect1D12
frOll the ':iMr of the premises, shall be I20tifled tJlat
colle~..io'Ílø_y be lllade by entering laDes or alley".
Ourillli winter 1IIQIIth.S pathways wilt be ma1nUined clear of
snow ¡ncl ice where necessary to penait convenient access
to receptacles placed for collec:tiOll, I12 the case of
praises lOCAted ill ou,;lyil1g <1istric:ts of the 1'oV!l
sitUAted on streets which may not be open for traffic
durinq willter IIOlIths, recept:acles sball be placed by the
occupier a1: the nearest practical point 41: tile ClU'b Or on
the boW.ev....'Ù of tbe uerest ,""reet wbich is opell for
tra:fic.
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J.9 110 person shall place disposable solid WBS1:e Jlla1:erials
for collection 111 accordance witll this By-law """apt.
duriog the tiae specified herein for c011ect1oo of the
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3.10 In all commercial premises including restaurants. grocery
stores, fruit and vegetable stores, buuher shops.
refreshment stands, flour and feed stores or in any
premises vhere it is necessary to accumulete garbage in
larqa amoU&~ts, ~~s same shall ~e placsd i~ a ga~=aqe r~cm
or ~i~ so ==~st=uc~ac ~~a= ~~e same oreven~3 ~a ent=a~ce
of flias, rats or o~er vemio, a",!" tile said room or bin
sllAll be maintaJ.ned in a sanitary condition at all times.
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3 . 11 There shall be no pi ck up of cartons. wooden or fibre
containers, e:ccept under the provisions of section J
above and 1:.'1eo only if each container is not more !:ba.n
0.34 cubic metres or not more than 11 kg.
3.12 No person shall place hiqhly combustible material in a
garbage container for pick up ày the Town in accordance
vith this ay-law. either in a separated fO%M or combined
...i -:h other disposable solid vute materials.
3.13 NO person shall place aabes in a garbaqe container for
pick up ày the Town in ecco::d.ance with this By-law,
either in a separated form or combined Iii th other
elisposable solid waste materials.
3.14 No person shall pick over, interfere with, disturb,
rSlllOve or scatter any disposable solid wste IDiltaria.ls or
3Þy container t~erefore, placed for removal in ac=o~dancs
"i~ tlJis ay-law, whether t;h sue is contwed in a
gsrl:>et¡e contawr or otherwise, unless the person is a
representa tj, ve of the '1'ovn authorized for garDðge
collection, or a person au=rized ày the owtIer or
occupier to remove the ga~bage of the said owtIar or
occupier.
3.15 No person shall remove a bag tag from a bag of refuse
belaaqiaq to another.
3.16 No person shall copy, counterfeit or in any other way
attOllllpt to replicate the TOwn of It1ncardiDe bag tag.
3.17 Every persoD shall place waste for disposal on the road
allowance directly adjscent to their own property.
3.18 NO Pe3:son sb"ll lmowi"'11y spill, scatter, deposit, threw,
cast, lAy or caUSe to be throw any waste on any street,
lane, alley, lueway, puÞlic or private way, or in uy
public squars, place or private lot.
JOMAGEMI1n"/OP~T!CN Of THR WAST! YAHAGEMEIfT SITE
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4.l The '1'0lI1l shall provide and designate such areas within
t.ìe waste ma.aaqemsnt si te as iC deems necessary aDd
app~~iate for tile depositi"", temporary storage.
hAndl,ng and processing of all wastes regulated uoder
chiS JJy-14w.
4.3 All disposable solid ...este collected by the works
depar~nt or by any citizen or private contractors
..i':.hiD the liDlit.s of the TOWII shall be deposited at the
Site. Recyclable :Mterial from the "BLtI!! BOX" and
"CardtlO4rd P=oqram" , will be accepted only at the
:~cilities provided for the 0011ectioD of these
JM~erials.
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4.3 ~he site shall be under the supervision of the manager of
public: works or other authorized :rown official. An
adequat. 81:aff shall be maintained by the _go.: of
public warts to supe..."in the dlmlping of disposable solid
waste IUId to cover the s","e "i th earth fallCYing the
slUlit.a."'Y fill method of disposal.
4.4 NO person shall place disposable solid waste at the site
as spec1fied on Schedule ·A" attached to Ws lIy-l"w
except durinq the hours of operation,
4.5 No penon sllall deposit disposable soUd ""ste at the
Site coming from a source loca~ outside the :rawn of
IC1ncUåiDe.
4,6 All nste delivered to the Site as authorized by the
optt.:tinq autllority shall be placed ill the sitè as
follo'llll:
Disposable solid wasta in the deaignatid fill area or
bin¡
WOOåen products in the area desiqDated fen- wood;
Ketal products in the desiqnateå scrap !Ital ar....;
:rirs products in the desiqÞated tire areal
Propane and other cCllpresB8d gas containers in the
desiqDated area;
AUto products in the designate<! auto arN;
COII\POstaDle materials in the COIÇOstinq area;
I!oussbold ha2Ardous >laSt.... ill the hDuse!lOld hazArdous
waste ¡u;ea;
cudboard ill the are" for cudlx>a%'l1.
AShes in the area tor asbes.
4.1 £DeloÆRd VAhielsm
We p8Z'SOIl shall enter the site hauling dispoaable solid
"eate in II truck or trailer unless the load is oompletely
SDcloeed or øqu.ipped vi th a sui table covarillg or
otherwise sllCUred to prevent aDY of the load from leaving
the vellicle prior to dUmping 111 the permitted area.
4.8 Unau~hð~;~~ PArsons
We person shall ellter the Site for any purpoee other than
depositing disposable so11<1 waste ill peœtted areas
without the prior approval of the operating authority.
4.S Di~al r.. lehødul.
Feel tor the disposal of wute at the Site shall be as
88tablished ill tile ~own' s consolidated fee by-lew.
!fotice of 5UCII fees and any cI1o.nges thereto shall be
published by the Town in an appropriate llalUleJ:. a.nd shall
be applical>le to all persons authorUed to use the site.
4.10
Bou:r~ of onerat.;ðll
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NO person shall deposit refuse, garbage, trade a.nd
illdust:i4l vaste ilDd building materids ill t:le Site other
than on those days and du.rillq those times as 1II4Y be
establisheä by tha Town fram time to time. Notice of
8uch de tea aDd tímes and "ny chagqes thereto shall be
publ1sbed by the Tovn in an appropriate manner.
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GBNDAr. l:IR.ovysro.NS
!JIIployees 01: the works depe.rtment sngaged in garbage
collection shan be prOltidðd with suitAble tools and
shall gather up and remove any 0: the contents of ~~e
receptacles which Jll4Y Þe spilled in Ilandling, The said
employees shall replace th.... es nlOðrly ... possj,þle in the
same location in whi~~ they were placed by occupiers
end/or owners of prem1ses for pick-up purposes.
5.2 In casas where the occupier andlor owner of any premises
is physically incapacitated to such an extent that the
occupier aDd/or owner is unable to comply with the
requla tion.. , special ..rrang.....nt.. mey be made with the
manaqer of public works.
5.3 !'or the purpo..es of this By-law, the definitions and
interpret..tions qiven in this By-Ia" shall govern. In
this By-aw, "shall" is JIIiU1d4tory; worr:Is in the singt1la.r
include the plural; words in the plural include the
slJIqulsr; words used in the masculine gellder include the
fellinine and vice versa.
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5.4 This By-law shall be enforcec! by enforcinq otfieara as
defined here!n . For the purposes of enforcinq the
provisions of thie By-lav, enforcing oft1cers uy inspe~
qarbaqe placed en publie prc¡perty.
5.5 Every person wbo contravenes any provisions of this
by-law is guilty of an offencs and is subjsct to the
penalties as prescribed in the Provincial Offences Act,
a.s.c. 1990, Cbapter P.J3.
5.6 By-law IIWllber 1992-31 passed Q the 4th clay of .TIme,
1992, bs lUll! the SeJDe is hereby repealed..
5.' This by-law 'shall coms into full force and effect upon
its final passage.
5.8 T!ús by-law JIIay bs cited. as the "Waste Jlaneg8lllent
By-law· .
IUD a !'IlIS7 and SBt:OlI1) time this 8th day of April, 1993.
IUD a TJIIRI) t1lle and !'IHALL1' PASSim ills nnd day of April,
1993.
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. --.-.-
dixA
Collection of Cardboard
Downtown District
Ward One
"*
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Points senriced outside BIA (curently)
Areas serviced inside BIA
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UNICIPALITY OF KINCARDINE
ommercial Cardboard Collection
PLEASE NOTE:
Effective December 7, 2001 please en-
sure that all Corrugated Cardboard is set
. out for weekly collection in the follow-
mg manner:
Flattened and/or cut into pieces
. Put into bundles no larger than 76 cm
x 76 cmx 20 cm (30 in x30 in x 8 in)
tied with string
. Placed out for collection by 8:00 a.m.
6
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BRUCE AREA SOLID WASTE RECYCLING BA
--
This AGREEMENT made this /7y.h day of r£rJEl'16b--¿,2004.
BETWEEN:
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the ·Owner"
of the First Part,
-and-
BRUCE AREA SOLID WASTE RECYCLING
Hereinafter called ·Contractor"
Of the Second Part.
WHEREAS the Municipality has contracted the operation of the collection of residential
& commercial refuse within the Municipality of Kincardine and collection of cardboard
within Ward 1;
AND WHEREAS it is expedient that the terms and conditions of these service contracts
be specified by Agreement between the two parties;
AND WHEREAS both parties agree to extend these contracts, based upon the original
tender specifications (Contract 2001-06 - Collection of Garbage and Contract 2001-13
- Collection of Cardboard).
AND WHEREAS all contract documentation, being Insurance, WSIB and bonding
requirements shall be renewed with the Municipality.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
premises and mutual promises and covenants hereinafter contained, the parties hereby
agree as follows:
-....;
The terms and specifications of the Public Works Contract 2001-06
(Collection of Garbage) as attached to this agreement as Schedule "A"
and Contract 2001-13 (Collection of Cardboard as attached to this
agreement as Schedule ·B") shall form the body of the agreement.
2. The contract extension shall be October 16, 2004 to October 16, 2007 for
both contracts.
1.
3. The new rates shall be:
A. Contract 2001-06 (Collection of Garbage) shall be $177,607.70 per
year, inclusive of all applicable taxes.
B. Contract 2001-13 (Collection of Cardboard) shall be $27,872.00
per year, inclusive of all applicable taxes.
4. The Contractor shall fumish copies of all mandatory documentation prior
to the final execution of the contract.
5.
Either party may terminate this contract upon 120 days written notice.
6. The Manager of Public Works shall be the central point of contract for all
inquiries, disputes or other items requiring resolution or decision.
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Bruce Area Solid Waste Recycling Agreement
. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested
by th~ hand !)f i1s Mayor and Chief Administrative Officer this J 7 '#-¡ day
of fl/f)VlFMf5EfL 2004. Yhe parties have hereunto set their hands and seals this
17'fh day of NOh~J..// ßetL· ,2004.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE
in the presence of ) MUNICIPALITY OF KINCARDINE
)
)
~~.... rJ~"1 ) ~.. ~.~
)
Witness ) Mayor - Glenn Sútton
)
)
C'-.. eEl ) ---- .~
) .~G'L- .hc.~
) Chief Administrative Officer-
. Witness ) John deRosenroll
}
)
)
) BRUCE AREA SOLID WASTE
) RECYCLING (BASWRA)
-d·~<,ô )
) G~4 ~
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)
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W ness / Gen I Manager
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) ~d~¿,<.€ ~
)
Cha{Pèrson
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