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Home My WebLink About10 093 2010 BASWR Refuse & Commercial Cardboard Collection Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE i t a q KBT �omun oF Kmcg' BY -LAW NO. 2010 — 093 BEING A BY -LAW TO ENTER INTO AN AGREEMENT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION WITHIN THE MUNICIPALITY OF KINCARDINE AND COMMERCIAL CARDBOARD COLLECTION WITHIN WARD ONE • WHEREAS Section 11 (1) of the Municipal Act, 2001, S.O. 2001, c. 25 as amended gives broad authority to lower -tier municipalities to provide any service or thing that the municipality considers necessary or desirable for the public; AND WHEREAS pursuant to the said Municipal Act, Section 11 (3) authorizes a low -tier municipality to pass by -laws within the sphere of jurisdiction of waste management; AND WHEREAS pursuant to the said Municipal Act, Sections 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Municipality of Kincardine has contracted to Bruce Area • Solid Waste Recycling (BASWR) the collection of its refuse within the Municipality and commercial cardboard collection within Ward One; AND WHEREAS the Council of the Municipality of Kincardine deems it expedient to enter a 3 -year contract with BASWR; AND WHEREAS the Council of the Municipality of Kincardine deems it expedient to extend the term of the commercial cardboard collection contract for the same three -year term from October 17, 2010 to October 17, 2013; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine hereby agrees to extend the term and conditions of the commercial cardboard collection contract with BASWR for a three year period ending October 17, 2013. 2. That the Municipality of Kincardine shall pay to BASWR an annual rate of $198,155.24 per year, inclusive of all applicable taxes, for the collection of • garbage within all wards of the Municipality of Kincardine. Page 2 2010 BASWR Agreement Extension By -law By -law No. 2010 - 093 3. That the Municipality of Kincardine shall pay an annual rate of $25,296.00 • per year, inclusive of all applicable taxes, for the collection of commercial cardboard in Ward 1 of the Municipality of Kincardine. 4. That the Mayor and Chief Administrative Officer, are hereby authorized and directed to sign and execute on behalf of the Municipality of Kincardine, the agreement with BASWR, which is attached hereto as Schedule 'A' and to affix the corporate seal. 5. This by -law shall come into full force and effect upon its final passage. 6. This by -law may be cited as the "2010 BASWR Refuse & Commercial Cardboard Collection Agreement By -law': READ a FIRST and SECOND TIME this 7 day of July, 2010. a `J Mayor Clerk 4 • READ a THIRD TIME and FINALLY PASSED this 7 day of July, 2010. CIPS a l Mayor Clerk • BRUCE AREA SOLID WASTE RECYCLING (BASWR) AGREEMENT This AGREEMENT made this 1 = - h day of 3u 11 , 2010. • BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Owner" of the First Part -and - BRUCE AREA SOLID WASTE RECYCLING Hereinafter called the "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 commercial 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 Council decided to not collect residential cardboard in this contract. AND WHEREAS all contract documentation, being insurance and WSIB 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: 1. 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 17, 2010 to October 2013 for both contracts. 3. The new rates shall be: A. Contract 2001 -06 (Collection of Garbage) shall be $198,155.24 per year, inclusive of all applicable taxes (HST exempt). B. Contract 2001 -13 (Collection of Cardboard) shall be $25,296.00 per year, inclusive of all applicable taxes for commercial cardboard only (HST exempt). 4. The Contractor shall furnish copies of all mandatory documentation • prior to the final execution of the contract. 5. Either party may terminate the contract upon 120 days written notice. 2 Bruce Area Solid Waste Recycling Agreement 6. The Manager of Public Works shall be the central point of contract for all inquiries, disputes or other items requiring resolution or decision. 7. The two following documents shall be attached to this agreement: - Report PWM #2010 -05 as Schedule `C' - BASWRA letter dated April 19 2010 as Schedule 'D' IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its Mayor and Chief Administrative Officer this '-g-*- day of J.il4 , 2010. The parties have hereunto set their hands and seals this '7 1 day of Jtc l y , 2010. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE In the presence of ) MUNICIPALITY OF KINCARDINE ) IPA • ■--- ) • Mayor • ) ) ) Chief Administrative Officer BRUCE AREA SOLID WASTE ) RECYCLING (BASWR) Witness ) G eneral Manager ) il ) .. / . / ' ∎fit ) Witness ) Fr S airper . n • s t This is Schedule "A" to Bruce Area Solid Waste Recycling (BASWR) Agreement dated the 7th 'day of July, 2010, Kli? ; - 1 -.‘ f , Municipality of 7, .. .,,,,, .,. 4 v ter.: �� r Kincardine „.# c•B ,,,,.,,,„, ... COLLECTION OF GARBAGE WITHIN THE MUNICIPALITY OF KINCARDINE Contract No. 2001 -06 SEALED TENDERS clearly marked as to contents shall be received by the undersigned until 12:00 noon, local time: TUESDAY, JUNE 19 2001 for collection of garbage within The Municipality of Kincardine. Tender forms may be obtained as of Tuesday, May 29 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 IVlunicipal Office - 1475 Concession 5. No submission will be accepted from any party that does not attend the site meeting. Lowest or any tender not necessarily accepted. Jim O'Rourke 'Public Works Manager jr THE MUNICIPALITY OF KINCARDINE TENDER NO. 2001-06 CONTRACT FOR RESIDENTIAL & COMMERCIAL REFUSE COLLECTION FOR THE MUNICIPALITY OF KINCARDINE SEPTEMBER 1 2001 — SEPTEMBER 1 2004 TENDER DUE: Tuesday, June 19 2001 At 12:00 NOON LOCAL TIME The Municipality of Kincardine Tender No. 2001 -06 Page 2 of 18 TENDER INFORMATION FOR BIDDERS: 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 until 12:00 noon local time on Tuesday, June 19 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. 3.2 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. 3.3 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. 3.4 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 authorities of the organization bidding. If a joint bid is submitted, it must be signed by each of the bidders and witnessed. 3.5 The Municipality of Kincardine does not bind itself to accept the lowest or any tender. 3.6 The tenders must be clearly legible and all blanks filled in. The Municipality of Kincardine Tender No. 2001 -06 Page 3 of 18 4. CLARIFICATION OR INTERPRETATION: The specfications, attached or referred to, define the scope of work and services 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 writing by the bidder and all bidders will receive written clarification from the Manager of Public Works. Unless otherwise 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 Kncardine where the work is to be performed and satisfy themselves as to all conditions that 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 must attend a mandatory bidder's meeting scheduled for Friday, June 8 2001 at 9:00 am at the Municipal Office, 1475 Concession 5, R. R. #5, Kincardine, Ontario, N2Z 2X6. 7. TERMS OF AGREEMENT The collection duties of the 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 mutual 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 filing 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 Kncardine on any bid deposits. 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 collection 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 similar services Number of back up equipment available (Model & Year of Vehicle & Packer) The number, type 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 Kincardine will not be to award this contract to any tenderer who does not furnish 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 as 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. • The Municipality of Kincardine Tender No. 2001 -06 Page 5 of 18 TENDER FORM T1 (PART A) ITEM DESCRIPTION LUMP SUM / YEAR TOTAL (INC. GST) 1. Ward 1 N/A N p 2. Ward 2 M N �p 'Tc -riALFI 3wr' L 3. Ward 3 4 1'T7 ,t3B.3tp 1 - 173 , 38 3 ‘ 4. Provisional Item Pick up of Cardboard at / A N Curbside in Ward 1. Commercial every Friday, Residential monthly Optional Purchase of Existing Municipal Equipment / 5. Garbage Packer Truck NI /A Unit #108, 1989 Ford Tandem, automatic transmission, Jaeger 20 yd packer. 6. Garbage Packer Truck Unit #116, 1987 Ford Tandem, automatic N transmission, Fanotech 20 yd packer. Total l�)� ,lo3r3 , 171,038, 3( , The Municipality of Kincardine Tender No. 2001 -06 Page 6 of 18 TENDER FORM T1 (PART B) FORM OF TENDER TENDER OF — Bi2L&CE ARCA n L- r n L \T F the undersigned CO h-t PAN `� of the O t "I of cAU CCM S‘-( RCS" in the County of i2-‘ac. 1/We, having carefully read and considered the Tender Information for Bidders, Specifications, Terms and Conditions, Schedules attached 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 accordance 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' attached hereto, the provisions of the Tender Document shall have priority. COMPLETE THE FOLLOWING AS CALLED FOR IN ITEM 11 OF INFORMATION FOR BIDDERS 1. My /Our base tender price for the collection of all material is $ 117 ) ( 38 ,3(.0 We acknowledge receipt of Addendum No. / /A to /4/ I/We enclose herewith our bid deposit in the amount of $ 1 7 , 2Si 3.3+ dollars in the form of a i Fr ED OFOu 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.CCRZT E t C_µ u,,E. C_ufZ2 - it I ELI) K i 1.. CLict RD . 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 regulations thereunder as amended. The tenderer proposes the undernamed Guaranty/Surety Company: C Q.ri F'i F6 Ci..4 t-ke, i t 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 a tender. n i • The Municipality of Kincardine Tender No. 2001 -06 Page 7 of 18 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 finally accented. SIGNED, SEALED AND DELIVERED AT SPLICEt3 51Jo s THIS 2_49 DAY OF SEPTCHBEie ) 2004 NOTE: If a limited company, signature of authorized officer under Corporate Seal is required. I NAT A RE OF CONTRACTOR I/We h- e Authority to bind the Corporation G +rt2A M tvl2 TITLE 1 2( e 5510 1 ADDRESS �o�T+� A I- tp , o , NO1-I at-o The Municipality of Kincardine Tender No. 2001 -06 Page 8 of 18 GENERAL CONDITIONS 1. DEFINITIONS A) MUNICIPALITY means The Corporation of The Municipality of Kincardine. B) MANAGER OF means the person for the time being filling the office of the PUBLIC WORKS 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. D) 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, materials, 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. G) 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 it is in all 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, and every part thereof before tendering thereon and the tenderer by his signature thereto, assumes all responsibility 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 public streets and stopping at every residential or commercial unit as outlined in the attached schedules within the Municipality limits 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. The Municipality of Kincardine Tender No 2001 -06 Page 9 of 18 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 (including inventions, industrial property and patent rights) 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 materials used therein or due to the failure, neglect or omission of the contractor or any of the persons set out above to do or perform any or all of the acts or things agreed to be done or performed 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 rights. The contractor on a solicitor and client basis shall assume the defence of, indemnify and save the Municipality, its agents, 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 Guaranty /Surety Company (approved by the Manager of Public Works) resident in Canada and authorized by law to carry on business in Ontario, 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 renewed for the following renewal period. Failure to do so may, at the option of The Municipality of Kincardine Council, result in forfeiture 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 alternative. 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 any interest while in the possession of The Municipality of Kincardine. Should the contractor not perform 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 (in 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 forfeited to the Municipality as liquidated damages and not as a penalty. The Municipality of Kincardine Tender No. 2001 -06 Page 10 of 18 7. INSURANCE The contractor shall take out with an insurer licenced to carry on business in Ontario a comprehensive policy or public liability and property damage insurance acceptable to The Municipality of Kincardine providing insurance coverage in respect of any one person and any one accident to the limit of at least five million ($5,000,000.00) 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 resulting from or arising out of any act or omission on the part of the contractor or any of his agents, 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 term of this agreement. 8. WORKER'S COMPENSATION The successful bidder will be required to furnish a letter from the Workers Compensation Board indicating that the company and any sub- contractors have complied with the requirements of the Workers Compensation Board and are in good standing on the books of the Board after the tender closing. The contractor shall 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 assessments 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 assessments 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 it as for the acts and omissions of persons directly employed by it. All payments to the contractor shall be made out of funds under the control of the Municipality, its public capacity and no member of Municipal Council or officer of the Municipality is to be held personally liable to the contractor under any circumstances whatsoever. The Municipality of Kincardine Tender No. 2001 -06 Page 1 1 of 1 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 Worker'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 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 liability 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 attempt to transfer, assign or sublet this contract, or any part thereof without 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 Manager 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 every 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 discretion, without process or action at law, to take over the whole operation, or any part or parts 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 parts 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 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 Statutes, 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 carrying 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. GSA 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 mail 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. The Municipality of Kincardine Tender No. 2001 -06 Page 13 of 18 17. LANDFILL SITE All material collected will be deposited at the Municipal Landfill Site (Subject to M.O.E.E. Approval) 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: 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 Township 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 Township of Bruce) Lot 17, Conc. 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 facilitated by the Municipality 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 The Municipality of Kincardine Tender No. 2001 -06 Page 14 of 18 has been established to the satisfaction of The Municipality of Kincardine Council shall grant the contractor a proportionate increase effective as of the date of closing 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. • The Municipality of Kincardine Tender No. 2001 -06 Page 15 of 18 SPECIFICATIONS 1. GENERAL The contractor will be responsible for maintenance, repairs and all other operating costs of the equipment supplied including fuel, licensing, insurance, washing, 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 perform 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 determined by the Manager of Public Works, thereby ensuring adequate performance of the contract. 2.2 Units to be used for the performance 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 Provincial 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 Provincial legislation. 4. EMPLOYEE APPEARANCE The contractor must ensure that all employees engaged in the collection services maintain at all times, while so engaged, a high degree of cleanliness. 5. MANAGER OF PUBLIC WORKS All work to be performed under this contract shall be supervised and must be performed to the satisfaction of the Manager of Public Works. The Municipality of Kincardine Tender No. 2001 -06 Page 1 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 statutory 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 newspapers 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 wngham 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 the 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 Iakeshore 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. • The Municipality of Kincardine Tender No. 2001 -06 Page 17 of 18 1 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 If the Public Works Manager determines that the Municipality must carry out any part of this contract, the contractor shall be invoiced 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 (including lock -outs decreed or recommended for its members by a recognized Contractors Association of which the Contractor is .a member), fire, unusual delay by common carriers or unavoidable casualties or, without limit to any of the foregoing, by any cause of any kind whatsoever beyond the Contractor's control, then the contract time shall be extended for such reasonable time as may be mutually decided, but in no case shall the extension of time be less than the time lost as the result of the event causing the delay, unless such shorter extension of time be agreed to by the Contractor. 15. USER PAY GARBAGE SYSTEM The contractor acknowledges the user pay garbage system within The Municipality of Kincardine as set out in the attached By-law and 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 Public 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 The contractor is expected to travel seasonal roads and the following private road; Lake Street in Inverhuron, and pickup garbage on seasonally maintained roads from May 1 until October 31. 17. PRIVATE ROADS The contractor is not expected to travel private roads with the exception of those identified in section 16 above. Residents shall be required to place their garbage at the intersection of the closest Municipal Road on Collection Day. 18. SURPLUS GARBAGE PACKER TRUCKS The Municipality of Kincardine may have two surplus garbage packer trucks that are available 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 Ward 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. The Municipality of Kincardine Tender No. 2001 -06 Page 18 19. DESCRIPTION OF WARDS WARD 1 Previous Town of Kincardine — approximately 51 kilometres of urban roads, approximately 2781 stops. WARD 2 Previous Township of Kincardine - approximately 208 kilometres of rural roads, approximately 1401 stops. WARD 3 Previous Township of Bruce and Tiverton — approximately 230 rural and 10 urban kilometres of roads, approximately 1143 stops. The Municipality of Kincardine Tender No. 2001 -06 Schedule `A' Page 18(a) of 18 SCHEDULE `A' By -law No. 1993 -20 By -taw No. 1993 -25 By -law No. 1993 -76 By -law No. 1998 -04 Page 3 — Consolidated Fee By -law • THE CORPORATION Of THE TOWN OP KINCARDINE CR 1 d am BYLAW RT -LAW NO. 1993 -20 • A Br -LAW TO AEGULATS TBE COLLECTION AND DISPOSAL OF WANTS AND TO ENCOURAGE WASTE RZDU TZON, REUSE AND RECYCLING IN THE TON OF KINCARDINE. . WHEREAS the Council for The Corporation of the Town of Kincardine deems it • desirable to consolidate all rules and regulations for the collection and disposal of garbage, refuse and ashes; AND NUMA9 the Council for The Corporation of the Tow of Kincardine desires to promote waste reduction, reuse and recycling; NOW THEREFORE the. Council fox The Corporation of the Town of Kincardine RNACTS as follows: . • • =Nig =on 1.1 "Ash Area" shall mean an area of the site designated by sign or otherwise and established for the purpose of disposing of ashes, 1.2 "Ashes" shall mean and include wood, coke or coal ash, .cinders, clinkers, inert soil and sweepings. 1.3 "Bag Tag" shall mean a clearly identifiable tag used to indicate that a tipping fee has been paid and approved, by resolution, for sale by the Council of The Corporation of the Town of Kincardine. 1.4 "Box board" shall mean non- corrugated cardboard. 1.5 "Bundle" shall mean a number of pieces of material of similar size and composition securely tied together. 1.6 "Cardboard" shall mean and include all material made from corrugated paper, excluding previously recycled products and specific imported cardboards. 1.7 "Commercial" shall mean anything pertaining to premises occupied and used as a retail or wholesale outlet for services or materials that are or intended to be offered for sale to the general public. • ../2 1 Page 2 1.8 "Compost Area" shall mean an area of the site designated by sign or otherwise and established for the purpose of composting leaf and yard waste, 1.9 "Container" shall mean a metal or plastic garbage container wider at the top than at the bottom, of a size no greater than 78 litres, 1.10 "Construction Material" shall mean waste that is derived from construction processes and of sufficient size, volume or weight that would make it unsuitable for its disposal in garbage bags or containers. 1.11 "Disposable solid waste" shall mean and include garbage, refuse and litter but shall not include recyclable materials. 1.12 "Domestic" shall refer to anything pertaining to premises occupied and used eol as human habitation. 1.13 "Dumpeter "_ shall mean a waste disposal bin, metal bin or container,, placed by the operating authority at or near the entrance to the Site and marked by signs or otherwise as such. 1.14 "Enforcing officer" shall_ mean_ a municipal by -law enforcement officer appointed by the Twat to enforce the provisions of Town by -laws. 1.15 "Fill area" shall mean the portion of the Site approved for the disposal of solid waste by the Ministry of the Environment or other authorized Provincial agency. 1.16 "Garbage" shall mean and include all vegetable and animal matter subject to decay, whether it be household, commercial or industrial waste. 1,17 "Garbage bags" shall mean garbage bags manufactured for the use of garbage disposal having a maximum size of 77 cmby 97am. 1.18 "Garbage packer truck" .shall mean a truck with an enclosed load - carrying receptacle and machinery used to compact the load, 1.19 "Garbage collection schedule" shall mean a calendar published by the Town to give the owners and occupiers of premises notice as to the day upon which vehicles will call to pick up disposable waste and recyclable materials. 1.20 "Highly combustible material" shall include: photo- graphic film, celluloid, gasoline, oil or other flammable liquid, or materials soaked with any of the same. 1.21 "Household hazardous waste" shall include: paints, stains, varnish, urethanes, oils, herbicides, pesticides, car batteries, pharmaceuticals, pool chemicals, gas cylinders. ../3 Page 3 1.22 "Industrial Waste" shall mean waste derived tram industrial processes and being of sufficient size volume or weight that would make it unsuitable for disposal using garbage bags or containers. 1,13 "Night soil" shall mean any excrement (including human). 1.24 "occupier" shall mean a person who is in physical possession of premises or who has responsibility for and control over the condit -ion of premises or the activities there carried on, or control over persons allowed to eutar the premises.. 1.25 "operating Authority" shall mean The Corporation of The Town of Kincardine or its authorized representative. 1.26 "Cwner" shall include the occupier of property and the person, for the time being, managing or receiving rent of tha land or premises in connection with which the work is used whether on their own account or as agent or trustee of any other person or who would so receive the rent of such land and premises where ranted, and shall also include a lessee or occupier of the property who under the terms of the lease is required to repair and maintain the property in accordance with municipal by -laws. 1.27 "Premises" shall mean and include one self- coutai.ned dwelling unit, residential or commercial; and in cases where buildings are subdivided and in possession of two or more occupiers, each occupier shall be deemed to be an occupier of premises within the meaning of this By -law. 1.28 "Refuse" shall mean and include all waste materials such as broken crockery and glass, jars, bottles, bones, discarded wearing apparel and all kinds of refuse not • subject to decay. 1.29 "scavenging" shall mean the unauthorized removal of reusable materials from in around or among disposable solid waste at the Site. 1.30 "scrap metal area" shall mean the area in the Site designated by signs or otherwise for the placement of metal, steel, iron, aluminum or other metallic materials. 1.31 "The Site" shall mean the Town Waste Management Site as descried in Schedule "A" attached to this by -law, as amended from time to time, 1.32 "Tipping Fee" shall be a foe, as established in the Town's consolidated foe by -law, charged by the Town for the placement of disposable solid waste at the sita. 1.33 "Town of Kincardine" shall mean The Corporation of The Town of Kincardine, also referred to in this By -law as the 'Town'. 1.34 "Wood area" shall mean the area in the Site designated by signs or otherwise for the placement of wood, brush, tree branches or other wooden materials. • • Page .4 ,RESPONSIBILITIF3 O THE TOW!{ 2.1 Where a property owner has entered into a site plan or other contractual agreement with the Town, that agreement shall take precedence over this By -law as it applies to the subject ;remises. 2,2 A collection service for disposable solid waste for _, occupied residential and commercial premises within the limits of the Town shall be provided on the following bcsis: a) Domestic premises weekly b) Commercial premises - five times a weak between the hours of a:40 a.m. - 10:00 a.m. Monday to Friday. A schedule of collection shall give notice as to the day upon which vehicles will call to pick up disposable solid waste, said notice to be given by mail, delivery or publication . by the Town. 2.3 Not included in the container number referred to herein is the recycling or "Blue Sox" provided by the Town for recyclable Materials, the cardboard recycling program and material placed for pick up during the special spring and Fall clean up programs. 2.4 The works department of the Town shall provide a collection service once every month for recyclable cardboard for every occupied premises within the limits of the Town. A weekly cardboard collection will be provided to all commercial premises. A schedule shall give notice as to the day upon which the cardboard will be collected tram occupied .remises and commercial • establishments. The cardboard will not need to be placed in a container as defined in Clause 1.6. necessary to make up the said accounts. 2.5 All revenues collected from the sale of bag tags shall be used by the Town to assist in maintaining a system for the collection, removal and disposal at waste and to assist the Tow in its initiatives to reduce, reuse and recycle all waste products. 2.6 When garbage collections cannot be made on the regular day ae prescribed by the collection schedule, due to the incidence of holidays or for any other reason, the Town shall make all reasonable effort to notify affected residents by the publication of a suitable notice in a local, newspaper. 2.7 The works department shall not remove any manure, night soil, springs, mattresses, furniture or construction materials, or any crates, wooden boxes from any premises except for annually scheduled special pickups arranged by the Town. The owner or occupier will have to make special arrangements with private contractors for any pickups not provided for in this By -law. 2.8 The works department shall not Collect any tagged container or bag in excess of 11 kilograms. ,./5 Page 5 • RESPONSIBILITIB9 OF RESIDDNTS AND CQ2d iCTI SevABLT SHMpT9 3.1 Garbage bags and containers: a) shall be kept on the premises that is the source of the waste being disposed of; and b) shall be placed for collection by the Town in the manner and location proscribed in this by -law between 9 :00 pan. of the evening prior to the day of collection and 9:00 a.m. on the day of the collection. occupiers of premises shall utilize the services of the blue box program as provided by the Bruce Area Waste Recycling Association. Failure to do so shall result in garbage not being removed from the premises and it will be up to the. occupier to dispose of the garbage in a manner conforming with this By -law. • 3.2 ell cardboard shall be collapsed, formed into a bundle and secured in a manner that facilitates manual handling. 3.3 Non - recyclable cardboard may be bundled and placed at the curb provided that a bag tag is visibly affixed to the bundle; such bundle shall not exceed .25 cubic metres in volume. 3.4 No person shall allow empty garbage containers, or any disposable solid waste not collected by the Town to remain in the location specified in this 3y -lam; for • pick up of such waste after 9:0o p.m. an the day specified in this By -law for collection. 3.5 Garbage may be placed in containers equipped with tightly fitted lids and proper handles if all waste is first securely placed inside plastic or paper bags. The top bag shall have affixed to it a bag tag that is clearly . visible when the lid of the container is removed. 3.6 Each bag shall have affixed to it an approved Town of Kincardine garbage bag tag. 3.7 No person shall place garbage for pick -up by the Town unless the same has been packaged or prepared in accordance with this 8.y -law. 3.8 Owners of property, where it is deemed more convenient is the opinion of the Town of Kincardine to make collection from the rear of the premises, shall be notified that collections may be made by entering lanes or alleys. During winter months pathways must be maintained clear of snow and ice where necessary to permit convenient access to receptacles placed for collection. In the case of premises located in outlying districts of the Town situated on streets which may not be open for traffic during winter mouths, receptacles shall be placed by the occupier at the nearest practical point at the curb or on the boulevard of the nearest street which is open for • traffic. 3.9 No person shall place disposable solid waste materials for collection in accordance with this By -law except during the time specified herein for collection of the • • Page 6 3.10 In all commercial premises including restaurants, grocery stores, fruit and vegetable stores, butcher shops, { refreshment stands, flour and feed stores or in any premises where it is necessary to accumulate garbage in large amounts, the same shall be placed in a garbage room t:. bin so ronstructad that the same prevents t.1a entrance of. flies, rata or other vermin, and the said room or bin shall be maintained in.a sanitary condition at all times. . 3.11 There shall be no pick up of cartons,. wooden or fibre containers, except under the provisions of section 2 above and the only if each container is not more than 0.34 cubic metres or not more than 11 kg. 3.12 No person shall place highly combustible material in a garbage container for pick up by the Town in accordance . with this By -law, either in a separated for or combined with other dispos solid waste materials. 3.13 No person -shall place ashes in a garbage container for pick up by the Town in accordance with this By -law, either in a= separated - form or combined with other disposable solid - waste materials. 3.14 No person shall _ pick over, interfere with, disturb, remove or scatter any disposable solid waste materials or any container therefore, placed for removal in accordance with this By- law, whether the same is contained in a garbage container or otherwise, unless the person is a representative of the Town authorized for garbage collection, or a person authorized by the owner or occupier to remove the garbage of the said owner or occupier. . 3,15 No person shall remove a bag tag from a bag of refuse • belonging to another. 3.16 No person shall copy, counterfeit or in any other way attempt to replicate the Town of Kincardine bag tag. 3.17 Every person shall place waste for disposal on the road allowance directly adjacent to their own property. 3.18 No person shall knowingly spill, scatter, deposit, throw, cast, lay or cause to be thrown any waste on any street, lane, allay,. laneway, public or private way, or in any public square, place or private lot. MANAOEt4SNT /OPT. RATION OF THE_SBSTE MANAC LENT SITS 4.1 The Town shall provide and designate such areas within the waste management site as it deems necessary and appropriate for the deposition, temporary storage, handling and processing of all wastes regulated under this by -law. 4.2 All disposable solid waste collected by the works department or by any citizen or private contractors within the limits of the Town shall be deposited at the Site. Recyclable material from the "BIDE BOX" and "Cardboard Program ", will be accepted only at the facilities provided for the collection of these materials. •./7 • Page 7 4.3 The Site shall be under the supervision of the manager of public works or other authorized Town official. An adequate staff shall be-maintained by the manager oP public works. to supervise the dumping of disposable solid waste and to cover the same with earth _following the sanitary fill method of disposal. 4.4 No person shall place disposable solid waste at the site as specified on Schedule "A" attached to this By-law except during the hours of operation. 4.5 No person shall deposit disposable solid waste at the Site coming from a source located outside the Town of Kincardine. 4.6 All waste delivered to the Site as authorized by the operating authority shall be placed in the Site as follows; a) Dieposabla. solid waste in the designated fill area or bin; b) Wooden products in the area designated for wood; c) Metal products. in the designated scrap metal area; d) Tire products in the designated tire area; e) Propane and.other compressed gas containers in the designated area; t) Auto products in the designated auto area; g) Compostable materials in the composting area h) Household hazardous wastes in the household hazardous waste area; i) Cardboard in the area for cardboard. j) Ashes in the area for ashes. 4.7 Hnclosed vehicles. • • No person shall enter the site hauling disposable solid waste in a truck or trailer unless the load is completely enclosed or equipped with a suitable covering or otherwise secured to prevent any of the load from leaving the vehicle prior to dumping in the permitted area. 4.8 Unauthorized Persons No person shall enter the Site for any purpose other than depositing disposable solid waste in permitted areas without the prior approval of the operating authority. 4.9 pisnosal Pee schedule Fees for the disposal of waste at the Site shah be as established in the Town's consolidated fee by -law. Notice of such fees and any changes thereto shall be published by the Town in an appropriate moaner, and shall he applicable to all persons authorized to use the site. 4.10 Hours of Operation NO person shall deposit refuse, garbage, trade and industrial waste and building materials in the Site other than on those days and during those times as may be established by the Town from time to time. Notice of such dates and times and any changes thereto shall be published by the Town in an appropriate manner. ../8 i • Page 8 GENERAL PROVISIONS 5.1 Employees of the works department engaged in garbage collection shall be provided with suitable tools and shall gather up and remove any of the contents of the receptacles which may be spilled in handling. The said employees shell replace them as nearly as possible in the same location in which they were placed by occupiers and /or owners of premises for pick-up purposes, 5.2 In" cases where the occupier and /or owner of any premises is physically incapacitated to such an extent that the occupier and /or owner- is unable to comply with the ' regulations, special arrangements may be made with the manager of public works - . 5.3 For the purposes of this By -law, the definitions and interpretations given in this By -law shall govern. In this Ay -law, "shall" is mandatory; words in the singular include the plural; words in the plural include the singular.; words used in the masculine gender include the feminine and vice versa. 5.4 This-By-law shall be enforced by enforcing officers as defined herein. For the purposes of enforcing the provisions of this Hy -law, enforcing officers may inspect garbage placed on public property. 5.5 Every person who contravenes any provisions of this by -law is guilty of an offence and is subject to the penalties as prescribed in the Provincial Offences Act, R:S.O, 1990, Chapter P.33. 5,6 Sy -law Number 1992-31 passed an the 4th day of June, 1992, be and the same is hereby repealed. • 5.7 This by -law shall come into full force and effect upon its final passage. 5.8 This by -law may be cited as the "Waste Management By - law " • READ a FIRST and SECOND time this 6th day of April, 1993. READ a THIRD time and FINALLY PASSED this 22nd day of April, 1993. .-460 y ; _ Lee • • THE CORPORATION OF THE TOWN OF KINCARDINE • t,0211i) AMENDED/REriE Q BY a&Aw NO_ r991 44 BYLAW BT -LAW NO 1993 -25 A Er -LAi! TO AMEND THS WASTE MANAOCKENT ST -LAW FOR THE TOWN OW KINCARDINE, AND TO AMEND SCEDULE •A" of THE TCWW'S CONSOLIDATED PRE BT -LAW WHEREAS By -Law No. 1993 -20 was passed on the 22nd day of April 1993, to establish rules and regulations for waste management; AND WHEREAS By -Lair No. 1993 -24 was also passed on the 22nd day of April 1993, in order to replace Schedule "A" of Sy -Law No. 1993 -7 to include the tees for bag tags; AND WHEREAS the Council for the Corporation of the Town of Kincardine deems it expedient to amend the waste management Sy-Law and the consolidated fee by - law, Schedule "A ", in order to clearly establish the need for bag tags on solid disposable waste, privately taken to the landfill site; NOW TREMORS. the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That Section 4 of Hy -Law 1993 -20 be amended to include the following clauses: 4.5 No person shall place disposable solid waste at the site unless such waste is packaged in actordance with the provisions of this by -law and a bag tag properly affixed. 4.6 Waste of sufficient size, volume or weight that would make it unsuitable for its disposal in garbage bags or containers, shall be placed in the appropriate area of of the site and need not have a bag tag affixed. In such cases the tipping fees established in the Town's Consolidated Fee Hy -Law shall be applied to each load. 4.7 Commercial compactors utilizing the site, will be charged the cubic yard rate established by the Town's consolidated fee by -law. • 2, That Schedule "A ", Section G, Item 1, of 8y -Law 1943 -24, be amended to include the following: "(bagged disposable solid waste shall have a bag bag tag affixed)" • ../2 • 3. Every person who contravenes any provisions of this by -law is guilty of an offence and is subject to the penalties as prescribed in the Provincial Offences Act, R.S.O. 1990, Chapter P.33. • 4. This by -law shall shall be deemed to cone into full force and effect, retroactively, upon the first day of Kay, 1993. 5. This by -law may be cited as the "Waste Management and Consolidated Fee, Amendment By- Law ". asap a FIRST, SECOND and THIRD time and FINALLY PASSED this 6th day of May, 1993. l - Deputy Reeve P i ^ r � I • • • • THE CORPORATION OF THE TOWN OF KINCAROINE Crai; • BYLAW BY -LAW NO. A993- A BY -LAW TO AMEND TSB WASTE MANAGEMENT BY-LET FOR 'TEE ''TOWS OF KINCARDINE WEEREAS By-Law No. 1993 -20 was passed on the 22nd day of April 1993, to establish rules and regulations for waste management; AND WHEREAS By-Law No. 1993- 25.was passed on the 6th day of May 1993, to amend the rules and regulations for waste management: • AND WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to again amend the waste management By -Law; NOW THEREPORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: • • 1. That Section 1 of'By- Law.1993 -20 be amended to include the following clause: . 1.26 Person shall mean and include one or more persons, corporations, partnerships, associations or other legal entity. 2. That Clause 1.2 b) of By -Law 1993 -20, be amended to read: b) Commercial premises - four time a week between the hours of 3:00 a.m. - 10: a.m. Tuesday to Friday 3. That Section 4 of By -Law 1993 -20 be amended to include the following clauses: 4.13 Waste containing chloroflourocarbons, ( CFC's) hydrochloroflourocarbons, (HCPC's) and hydroflourocarbons (RFC's) shall not be deposited at the site. 4.14 Storage containers with labels indicating that it contains or did contain a flourocarbons refrigerant shall not be accepted for disposal at the site. 4.15 The Town will only accept for disposal, refrigeration equipment that displays a tag or notice signed by a certified person that it is empty of flourocarbon refrigerants. • 4. That Clause 4.7 of 8y -Law 1993 -25 be amended to read as follows: 4.7 commercial compactors utilizing the site, shall be charged a rate based on weight as established by the Town's consolidated fee by-law. 5. Every person who contravenes any provisions of this by -law is guilty of an offence and is subject to the `penalties as prescribed in the Provincial Offences Act, R.9.0. 1990, Chapter P.33, • 6. This by -law shall shall be deemed to came into full force and effect upon the first day of January, 1994. 7. This by -law may be cited as the "Waste Management Amendment By -Law ". • READ a MST, 3ECDND and THIRD time and FINAT.yT PASSED this 16th day of December, 1993. • yor / Clerk • • THE CORPORATION OF THE TOWN OF KINCARDINE • • • • lj) . • • • BY-LAW • BY -LAW NO. 1998 - 04 • A BYLAW TO AMEND THE WASTE MANAGEMENT BY-LAW FOR THE TOWN OF KINCARDINE. WHEREAS By -Law No 1993 -20 was passed on the 22ad day of April 1993, to establish rules and regulations for waste m anagement; AND WHEREAS By -law No. 1993 -25 was paned on the 6 day of May, 1993 to clearly establish the need for bag tags on solid disposable waste, privately taken to the landfill; AND WHEREAS the Council far the Corporation of the Town of Kincardine now deeps k necessary to regulate waste, from residential areas; taken to the landfill in oo=nereiial- bauler-dumpstera • • • NOW =MORE the Council for Tho Corporation of the Town of Kincarsiine ENACI'S as ibllowa: 1.0 That Seed= 4.0 of by-law 1993 -25, is hereby rescinded and replaced with the following • 4.5 No person shall place disposable solid waste at the site unless such waste is packaged in accordance with the provisions of this by -law and a municipal bag tag affixed. 4.6 Industrial, Commercial and/or Institutional waste of sufficient size, • volume or weight suitable for disposal in garbage bap or =miner; shall be placed in the appropriate area of the landfill and need not have a bag ' tag effaced. In such cases the tipping fees established in the Town's Consolidated Fee By -Law shall be applied to each load. 4.7 Mixed loads from commercial- hauler-dumpsters, containing reaidential domestic garbage, will be probibited from the landfill. 4.8 Commercial contractors shall be charged based an the weight of the load; such changes are established in the Town's Consolidated Fee Amendment • By -Law. • 4.9 The properties at 200 Harbour Street, known as Cottrill Harbour Condominiums; and, the properties at 385 Lambton Street, .known as Forbes Lambton Court, shall be exempt from the provisions contained in section 4.7 of this by -law. • • • By-law Na 1998-04 2.0 .Every person who contravenes any provisions of this by -taw is guilty of an offenne and upon convict on shall be subject to the penalties as prescribed in the Provincial Offences Ant, R.5.0. 1990, Chapter P.33. • 3.0 This by - law shall coma into full force and effect upon its final passage. • 4.0 Thin by -law may be cited u the "Waste Management Amendment 1998, • By -law". READ a P]BST and SECOND time this 1 S day of Tanuary 1998. READ a T E1RD time and FINALLY PASSED this 19 day of February 1998. Mayor Clerk • • • • • • • • • • • • i • i Coaaolidated Fee (Recreational Charges) Amenament, By -Law 1999 • ` As amended by By-law No. 199940, 59, 75,146 SCHEDULE "A" Page3 C. Kincardine Cemetery Rates (plus G.S.T.) (cont'd) Fee Monument Maintenance Rates Ratepayers and Non - Ratepayers 1) Flat markers over 173 square inches $ 50.00 2) Upright marker 4 feet or less in height and 4 feet or less in length, including the base $ 100.00 3) Upright marker more than 4 feet in either height or length, including the base $ 200.00 4) Storage $ 40.00 5) Disinterment and reinterment $ 1,200.00 Plus any other costs • D. Connaught Park Tournament Fees (plus G.S.T.) 1. Payable by all groups wishing to hold a ball tournament at Connaught Park, with the exception of those groups which pay an annual user fee to the Town of Kincardine. Evenings $ 50.00 Full Day 5 100.00 E. Parkland Charges 1. Land proposed for development or redevelopment for 2% of value commercial or industrial purposes of the land Maximum 5500 2. Land proposed for development in other cases 5% of value of the land Maximum $500 F. Fire Department Fees (no G.S.T.) Wood Stove Insurance Inspection 5 25.00 Letters to Lawyer/Insurance Companies $ 25.00 Air cylinder refills $ 6.00 Fire hose rentals (one length) S 20.00 /day Copy of firs report 5 40.00 Mechanical false .alarms 5 300.00 /per truck G. Landfill Site Fees (no G.S.T.) Ward #1 Weieh Scale System Domestic (i.e. Household Garbage), 1. One bag of garbage without tag $ 2.00 2. Trailer, pickup truck, car $ 10.00 I.C.I. (Industrial. Commercial, Institutional) 3. One - bag of garbage without tag 5 2.00 4. Refuse by weight $ 50.00 /ton Wards #2 & 3 Cubic Metre System Domestic (i,e. Household Garbage) 1. One bag of garbage without tag $ 2.00 2. Trailer, pickup truck, car $ 10.00 3. One cubic metre of garbage $ 8.00 I.C.I. (Industrial. Commercial. Institutional) 3. One bag of garbage without tag $ 2.00 4. One cubic metre of garbage $ 8.00 Wardsl,2 &3 1. Car and light truck tires less than 16" $ 3.00 2. Car and light truck tires less than 16" with rim 5 5.00 3. Large tires over 16" 5 15.00 4. Tractor tires per unit $ 25.00 5. Appliances & C.F.C. removal 5 Free 6. Cardboard & recyclable materials $ Free 7. Compost, brush and yard waste 5 Free . • / . . e1/,....... I 14907,- i T y f a► S u R / TR,. a I C y / 2 G 1 42 0 .. 1 I , A , /4as sT . / � ` L 5 / - (P) PRIVATE ROAD O J ` / c • *. -` -` NOTE: PREFIX 26 APPLIES TO ALL `. ROAD SECTION NUMBERS OF � ,` , THIS MAP ` ,` • ♦ / • R • / QV • / % ! 0 T i • / y Ca,, • iqN /er i j � .+✓ 4 cy ST h '� ST / i F ST HST r� • Ross /� `.. / y� ST °. / ' h y , y 1 / ` •`� . / H y V 1 2 `. 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Z W = Pr W CONCESSION 12 Ilit CONCESSU f , �, z 136 w -- 135 I ii' ; 133 i- ; 131 N 130 0 129 ��w 128 �' LEGEND r a o _ '� a o z cc 44 ° a te , i ` (P) PRIVATE ROAD N O Leal W m b ; CC CONCESSION 10 CONC •SIGN 10 N 172 10 NOTE: PREFIX 26 APPLIES TO ALL O ROAD SECTION NUMBERS OF 119 120 121 22 ` M 125 ---- ta7 w = c THIS MAP r r C ` Y Co Z - g N n U`" En s ,. CONCESSI li ..r CONCESSION 6 : v E SSION 8 10a . 11.9- ' 11 NW wm r- �•� irMil 114 �w ,p i /milk '"1�■�m 110 me 10 vs" O • . m 6 McFARLAN RD w 1 w , ,F W c o_ lir o O W , �^! CONCES 6 � _ , • NCESSION 6 , �• C N ES •N 6 1 tit 4 .r . . . 1Pk9 •10 cc pp CO O , A d COgi .NCESSION 4 ROAD N I .• 145 r,mw....erFommomm+amo+�- f Iff r- P 0 so W .• : SD ete n I ESSN o W O a CC c.L...(ty) 148 •N ION 2 m 2 . •NCESSION 2 "Ma ...ammo= Mil li r 149 a - 152 -- 154 157 • o ° SON w , �\�(L 11111 AAA 6.1 I \ Cr a \ ■E= CO IN III ' GAD �i S BRUCE ROAD 15 �1 C, o • --- -- WARD 2 a FORME /a.' K I N C A R D I N E T O W N S H I P u 3 a S V - i m Y 3 _ -- N B.M.ROSS AND ASSOCIATES LIMITE B r _ MUNICIPALITY OF KINCARDINE FILE No. `LTIN6 °JQTR - 01115 GLDERI H AND MOUNT FOREST MAP 1 - WARD 3 c MAT DATE zoos - D- C:DN SCALE YEAR 2000 INVENTORY DWG No. FORMERLY TWP OF BRUCE -ASR. 1 ' 100,000 I 4 -6 .A0 FILE \ -2 -3 -Waste Pick-up DWG PLOT SCALE 1 ■ 100 (P) 1 p L GOLF COURSE TRAIL c \ m z MOUNT FOREST ( .04 AVE \ z 102 116 ENCOE ST i ptiEMORE ST I /1037 uu99 _ GOLF LINKS RD J GOLF LINKS RD (' C C� (P) C _ / 2 ) ,_ SA. GEEN VALLEY TRAIL 0 ` 11 I 1-s81 F ) (P) 34 ~ �} v, 73 - - m o I ' REDMOND DR - � INVERLYN E ER , �� CRES S ,„ z 1 �� CONCESSION 7 n 11 5 p ti �-� � 0 11 —. r + Oc C S ILL R _ o SOUTH CEDAR INVERLYN CRES N 7r - SANDY CRES 1-) LANE 123 0 .0 ,.INVERLYN,,, p 2 ., R 107 KIN - HURON_ J t" m p CRES N�" 'r.,) g -4- ; RD ` 1 4 2 1 • �o I =mo i v I � / ao / /// 0 1 122 HURONVIEW PL z u) \ 124 NORTH CEDAR R LANE cp{ 1 to EASTy✓OO�CRES f` ` (P) 00 \\ (P) -' SAMONA BEACH LANE 0 ra>sallel MIMS - /ROSS LANE PARKWOO =, 9 L\ ` a c 127 c" (P) � n BROOKVIEW m CRES 1 HARTWICKLANE w t o I Z 0 A c N El A m r z XI I 130 --I o fa o LORNE BEACH RD (P) ro = t (P) WHITE ST RED CEDAR DR S LORNE BEACHPRD (p) mo m o t RED CEDAR DR N 11 7 m '(P) il �) WICKHAM COVE LANE - -_ HANEY LANE ›; ROBINSON ST DA DR , 1-.1 119 li COLLINS OR � II SPRUCE LANE 120 1 i C. T CRAIG DR r o (P) ?n WHIPPOORWILL LANE uy n (F) Z LINDEN LANE • \ { o SANDPIPER (P) LANE 1 r- S I i 1 E H i (F) % c a d \ McCONNELL DR -_ • P') f (P) H STEWART LANE .7 0 t_ VERNA LANE J (P) ; 1 I -4 g , I MURRAY V P) O m-./ M ( ��- C4 31 32 �° 1 i 4 s... ) t, CONCESSION 5 CONCESSION 5 j (P) ■ -. ' ...+,....... „....................,... L7 . McKENZIE LANE in ANDERSEN b LANE !�,_ (P) 00 5 I BLANCHE LANE G7 a ACLANNET J % D ! (P) > ' m xi i QI C PINE ST z 136 ' N 0 -71 W - ( � 2 t r n O z Z� -r N'0 1-1 5 -1-• OZ 2 n, C " . - "'I a'�' ro ' "� z V ( S i m o z n m r I -' . I G ~ 0/4 x (— MacLEOD DR o a Iv N Z L D "' to 14 XI 0 C r') Z m "' < j D. A • m p d CO NORTH OR m r N m (P) Z BRUCE ROAD 15 \ o a o i \ I'1 g \ W fa d 4: ° r 1 ,, IT1 t. a. O Z O • -(0- ,- j FORMERLY B R U R E :1 T O W N 5 11 1 P BRUCE ROAD 15 ram BRUCE ROAD 15 BRUCE ROAD 15 • l .. �` n / x--1 N :� T ,,,I,;y , . 41 W n n Q e Q W v 4 . 4 ,„,, ,- . ocEssio �� ' CONCESSION 10 N w • 50 . 1 -- 51 i 1 r T LEGEND CC Allik o' E (P) PRIVATE MAD ' C ONCESSION 9 o ON CESSION 9 m v NOTE: PREFIX 21 APPLIES TO ALL ! r -i_' w �w w 44 w >:� 42 �` TM SECTION NUMBERS OF Z t �1d ¢ Q ct r F W •\ 2 o D 4.. CO P µ wR m a C U W. I CONCESSION 7 ' •+NCESSION 7 iiimmmi 34 35 w 36 AM 37 its �� rims 41 x I o M x y o w °0 9 W W " U! 1.- w • ' , _ CONCESSIO 5 w / �� m CON ESSION 5 6 gip_._ 31 30 28 w �Nr 2 6 w 25 i t ik 4 ' -s 32 r g °`b / o $ 2 $ n "' s + • / A, NORTH LINE N TENSION NE 1111"111114" ,_ w 20 _��. 22 - I ' ... 411 • (.(2 0 EX 23 EXTENSION cn �i% _ Z i � . : , 'I/ HIGHWAY 9 'A r ' (7) s_ ,,,,,,, HIGHWAY 9 -- '�1i 0 O p w p - TOWN D OF KINCA ; �� ° e"a Z ++ 0 y Q U o !11"' 3 J W t _ FORMERDY '` �'� • • i �. L INE � m SO LINE Y � 12 u is - tl b O p URON RD URON -KIN+ '+ NE WEST m cc HURON- KINCARDINE EAST ° -7/1 2 3 __ ..'� 4 5 6 7 • SIDEROAD 5 SOUTH SIDEROAD 15 o SOUTH u s HURON T O W N S H I P u a m • r N - N - B.M.ROSS AND ASSOCIATES LIMITED PE MUNICIPALITY OF KINCARDINE FILE No. Z • F. CONSULTING ENGDEERS 01115 GODERICH AND MOUNT FOREST MAP 1 - WARD 2 W D WG No.' s DATE 'DRVn - Gal SCALE ' YEAR 2000 INVENTORY ' rnsadrol V Tflv►ICUTD CIL VTUK`AD71Tkli- • ' ��_ �„ — 0 N 5t VCHENKO I` r'' BL O l fa ` l .I \ I{ - -- SHAK SPE 14 AR LN A AVE 'ft - ``�PENer St `.� f • S PVG 4 9y ; �� .3 z = a? RO ^ E'aCH' ST ��,�� - Mc00NALD ST g g 2 o PEN -- RUSSELL _.. �� p0 m WEST ST �� 88 MANORWOOD END = ET '" 'COR E ROw NINCA 72NE A,� ' -" o '� KEAR AN E ""•••••° ' m w I 25 LEG MAH000- JQHNSTON DR aj P ENETA • • ° m �' < o a W 1 (P) PRIVATE ROM z n° - _... NCORE R HURON TERRAC 64 _ M D e -' y i o: y �� w w ri < ° HURON TERRACE - U z Zj �� w �� ■� . MAURER NOTE: PREFIX 22 APPLIES TO ALL 111 w ALICE ST r ° . o ° �` ' ~ z o I ° F Zo ` �S ROAD SECTION NUMBERS OF NO < -"— 100 <.) i a e w o o =n " S u' - U UI n _ � THIS MAP, EXAMPLE : z m 2 -, im I z w I ROAD 44 ON THIS MAP x a 0 QUEEN ST QUEEN ST QUEEN ST I QUEEN ST i Z a EEN (ST IS ROAD SECTION 22044 ._ _ Z rn p x 115 i y • RINC S E 8 , T • -•y PRINCES ST QPRINCES ST PRINCES ST 0 a o �'RINCES ST PRINCES ST -•- 101 114 2 VICTORIA ST ° e VICTORIA ST PRINCES ST VICTORIA ST I � _ - -11 S T JAMES ,- Z a I 0 -. 103 -.I-12 123 MEES a 119 Z $ C 1 02 a ST r n x •"S o \ 118 19 o Z U t PARK M - ••- -• JAMES ST - 104 103 ¢ 1 NE - � 0 in TNERS CRES 121 4S ' PARK ST McGAW DR pA z a WILLAMSBURG ST 4 -r-�° • -106 �^ 140 .- -14b CHARLES w w CAM AVE ▪ 12b ¢ MACDQSIGALL x 1 I�I L WACIRRS 0 SCOUGALL - Z In ..■1 SUTTON ST 4q VALENTINE AVE n° - N CRES r 0 1,..E, ^ Q 7 \�— J - CENNARD CRES 134 a r \ \1 in 42 rn • 4 UNCAN - - 142 o REYNOLDS DR o o in a Z PL MacYOUNG DR --1 ° a ? 10d 143 dCENDRIC � OR m r nf 2 M. 0 ERASE SCOTT ST ' r / GA4 sr E, o — 139 4 ROWAN DR S p 131 O P w n J • ° a ^� St ' 1 ANDREW MALCOLM g Z ' P. O 3 109 , •^� ••• WALSH WALSH ST DR ' z 7 m Cn MURRAY BLVD J' / o N o W , McPC Y a a - Z U 3� Z Z p 3 pp 4. W Z W a¢ N o° ^ N O C4 0 Q. x as - 2 CC CC ° Z icF'FIEHSON 0 l • 11 CRES p �3g O HIGHWAY 21 1 I HIGHWAY 21 HUNTER ST 1 J GOLDIE CRES m n 1- j r...... ... 0 _148 _.a,. w D MILLENNIUM WAY ° } 3 O 5 x U 3RIGADOON DR U O SCALE 0 E' e i rr i 100 0 100 200 500 750 METRES 3 0 S 100 1 500 0 250 500 1000 2000 FEET in■mo'c■mr a i T O W N S H I P O F K I N C A R D I N E 3 0 L-5-.. B.M.ROSS AND ASSOCIATES LIMITED BE — MUNICIPAUTY OF KINCARDINE FILE No. fl CONSULTING 4G � N . 01115 o COOEPJCN AND MOUNT FOREST MAP 1 — WARD i ' DATE DR W -GO.H scALe YEAR 2000 INVENTORY DWG . No. _. MAY 28/01 1 : 150,00 FORMERLY TOWN OF KINCARDINE cHKro -B.w.P 1 -6 This is Schedule "B" to Bruce Area Solid Waste Recycling (BASWR) Agreement dated the 7th day of July, 2010. MUNICIPALITY OF KINCARDINE TENDER FOR CONTRACT NO. 2001-13 COLLECTION OF CARDBOARD DOWNTOWN AREA, WARD ONE THE MUNICIPALITY OF KINCARDINE Contract No. 2001 -13 Page 2 INSTRUCTIONS, 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 rejected. 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 date. 9. The lowest or any tender will not necessarily be accepted. THE MUNICIPALITY OF KINCARDINE Contract No. 2001 -13 Page 3 10. Only bidders having sufficient and adequate equipment to perform 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 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 discuss the Contractor's performance 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 determined by the Contractor's performance. 15. In the event that all or any part of the work is deemed unacceptable 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. 16. Prices must remain firm throughout the life of the Contract. Only submissions quoting firm prices will be considered. 17. In cases where miscellaneous work is required over and above the regular contract specification, an hourly wage rate will apply. This rate must be specified on the Schedule of Prices. The hourly rate will commence on arrival at the job site. 18. The Municipality reserves the right to add or delete properties throughout the term of the Contract. 19. The Contractor shall submit an invoice monthly. 20. 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 returned 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 successful 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 Owner's intent to award the Contract. Tenders not accompanied by a certified cheque will not be accepted. THE MUNICIPALITY OF KINCARDINE Contract No. 2001 -13 Page 4 21. WORKERS' COMPENSATION - The successful bidder will be required to furnish a letter from the Workers' Compensation Board indicating that the company and any sub - contractors have complied with the requirements of the Workers' Compensation Board and are in good standing on the books of the Board after the tender closing. 22. The Contractor 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 all liabilities, damages, costs, claims, suits or actions by third 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. 24. LIABILITY INSURANCE - The Contractor shall take out and keep in force until the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality providing insurance coverage in respect of any one 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 Municipality as an additional insured thereunder, shall contain a cross - liability clause and shall protect the Municipality 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 Contractors officers, 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 Liability, Contractual Liability, Owner's and Contractor's Protective Coverage and Contingent Employers Liability Insurance. 25. AUTOMOBILE LIABILITY INSURANCE - The Contractor shall provide Automobile Insurance in a form acceptable 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 Non -Owned Automobile Policy including contractual liability endorsement. (ii) Standard Owners Form Automobile Policy providing Third Party Liability and Accident Benefits. 26. The Contractor agrees that the Municipality is not to be deemed the employer of the Contractor nor its personnel under any circumstances whatsoever. 27. The Contractor shall provide adequate protection for workers and public at all times under the applicable Federal and Provincial Statutes, in accordance with all Municipal by -laws and regulations together with any additional safety measures. 28. 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 carrying out the work. THE MUNICIPALITY OF KINCARDINE Contract No. 2001 -13 Page 5 29. The Contractor must ensure that during performance of the work of this Contract, its personnel are equipped and wear appropriate safety apparel, footwear and equipment. i.e. CSA Approved safety boots. 30. The work of this Contract involves the collection of cardboard on a weekly basis. The collection area is defined as the Business Improvement District (see attached map). 31. All cardboard shall be placed out for collection in accordance with The Corporation of the Town of Kincardine By -law No. 1993 -20. 32. The term of the Contract may be extended for an additional period of time on the same terms and conditions provided written notice is given by the Contractor to the Municipality on or before September 30 2002. The Municipality reserves the right to renew or not renew the Contract. 33. All cardboard that is collected under this Contract shall be placed in bins at the Ward 1 Landfill Site (Option No. 1) or at the BASWRAI Recycling Plant, Southampton (Option No. 2). Rate per hour per person for miscellaneous work required over and above regular contract specifications. PER PERSON $ 2-I /hr PLUS G.S.T. $ "-e.- = TOTAL $ .ZI . °Q COMPANY NAME OR INDIVIDUAL : Bi2 c. C: So -i THE MUNICIPALITY OF KINCARDINE Contract No. 2001 -13 Page 6 Failure to provide the following information with your submission, will be cause to consider your submission non - responsive and therefore to be disqualified, EQUIPMENT LIST Quantity Type Make Model Model Year Rate Per Hour Sf oe Loy, OE IJ? L 4 j 199 I tVi-{t© 'e; LS l9'9t 1 ' x , 54- REFERENCES List below, three reference of similar customers: Customer's Name Telephone No. 1. c iALA6,Cer.� S ic�tZ s 1 )L& N 23f Vii'( — 2. BROC-K U dJ 1 --(1.i ►.3 i (r i PA L1 -( O F 51 gq 1 c caa,1 3 3. C1 1�Y'� -iAC>f .P tai i U 1: - 10in)1Q OF' 5 i9 X 33 `-- 1900 c_iA. si 1J c ,�, ._� - `� .� a, � i S E (ci2.." }.-i u t L' 1 PA �i5 Oia ►AiZE. a Lop . THE MUNICIPALITY OF KINCARDINE Contract No. 2001 -13 Page 7 I/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 SAL Ei DR es this 29 -1+4 day of S e. t� 13 Gi2. 2009 (Municipality) (Month) Company Name or Individual's Name & (2eica6oL. -i3 ( 3 C QFcz i L)e Address 2 1■5C:C. r o 'J I`+ -zctu 1n pi o ru 1 O TU , NlcU aL0 Signature N e \I I N c: CPS cam, N Print or Type Title t1 E-Ni E V..Position 6c'w L- HANitqac Telephone # (99) "1't 1 5' 7 Fax # ( Ici )19 - (-7 THE MUNICIPALITY OF KINCARDINE • Contract No 2001-13 Page 8 COLLECTION OF CARDBOARD, DOWNTOWN AREA, WARD ONE OPTION NO. 1 - Deposit Cardboard in Bins at Ward 1 Landfill Site Total Cost Weekly to Collect Cardboard - • Total Cost Yearly to Collect Cardboard (x 52) N . - • • PLUS GST 1 \ 1 1 , zk ' TOTAL ANNUAL CONTRACT COST N -• • -7 • • . . . - „?. OPTION NO 2— Place at BASWRAI Recycling Plant in Southampton ' • . Total Cost Weekly to Collect Cardboard $ G 3 (il_., -/:-• Total Cost Yearly to Collect Cardboard (x 52) sl 8 . . PLUS GST $ _ TOTAL ANNUAL CONTRACT COST $ NOTE: Approximately 5,000 lbs. of cardboard is collected weekly • • • ' •••' ":" • • - • THE CORPORATION OF THE TOWN OF KINCARDINE 111 ) ■ BYLA By -LAW NO. 1993 -2D A BY-LAW TO REGULATE TEE COLLECTION AND DISPOSAL OF WARTS AND TO ENCOURAGE WASTE REDDCTIOR, REUSE AND RECYCLING ING IN TEE TOWN OF KINCARDINE. WHEREAS the Council for The Corporation of the Town of xincardine deems it desirable to consolidate all rules and regulations for the collection and disposal of garbage, refuse and ashes; AND WHEREAS the Council for The Corporation of the Town of Kincardine desires to promote waste reduction, reuse and recycling; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: • PEFINITZON*a 1.1 "Ash Area" shall mean an area of the site designated by sign or otherwise and established for the purpose of disposing of ashes. 1.2 "Ashes" shall mean and include wood, coke or coal ash, .cinders, clinkers, inert soil and sweepings. 1.3 "Bag Tag" shall mean a clearly identifiable tag used to indicate that a tipping fee has been paid and approved, by resolution, for sale by the Council of The Corporation of the Town of Kincardine. 1.4 "Box hoard" shall mean non - corrugated cardboard. 1.5 "Bundle" shall mean a number of pieces of material of similar size and composition securely tied together. 1.6 "Cardboard" shall mean and include all material made from corrugated paper, excluding previously recycled products and specific imported cardboards, 1.7 "commercial" shall mean anything pertaining to premises occupied and used as a retail or wholesale outlet for services or materials that are or intended to be offered for sale to the general public. • a Page 2 1.8 "Compost Area" shall mean an area of the site designated by sign or otherwise and established for the purpose of composting leaf and yard waste. 1.9 "Container" shall mean a metal or plastic garbage container wider at the top than at the bottom, of a size no greater than 75 litres. 1.10 "Construction Material" shall mean waste that is derived from construction processes and of sufficient size, volume or weight that would make it unsuitable for its disposal in garbage bags or containers. 1.11 "Disposable solid waste" shall mean and include garbage, refuse and litter but shall not include recyclable materials. 1.12 "Domestic" shall refer to anything pertaining to premises occupied and used solely as human habitation, 1.13 "Dumpeter" shall mean a waste disposal bin, metal bin or container placed by the operating authority at or near the entrance to the Site and marked by signs or otherwise as such. 1.1a "Enforcing officer" shall mean a municipal by -law enforcement officer appointed by the Town to enforce the provisions of Town by -laws. 1.15 "Fill area" shall mean the portion of the Site approved for the disposal of solid waste by the Ministry of the Environment or other authorized Provincial agency. . 1.16 "Garbage" shall mean and include all vegetable and annual • matter subject to decay, whether it be household, commercial or industrial waste. 1.17 "Garbage bags" shall mean garbage bags manufactured for the use of garbage disposal having a maximum size of 77 cm by 97 cm. 1.18 "Garbage packer truck" .shall mean a truck with an enclosed load - carrying receptacle and machinery used to compact the load, 1.19 "Garbage collection schedule" shall mean a calendar published by the Town to give the owners and occupiers of premises notice as to the day upon which vehicles will call to pick up disposable waste and recyclable materials. 1.20 "Highly combustible material" shall include: photo- graphic film, celluloid, gasoline, oil or other flammable liquid, or materials soaked with any of the same. 1.21 "Household hazardous waste" shall include: paints, stains, varnish, urethanes, oils, herbicides, pesticides, car batteries, pharmaceuticals, pool chemicals, gas • cylinders. ../3 • 1 Page 3 1.22 " Industrial Waste° shall mean waste derived from industrial processes and being of sufficient size volume or weight that would matte it unsuitable for disposal using garbage bags or containers. 1.23 "Night soil" shall mean any excrement (including human). 1.24 "Occupier" shall mean a person who is in physical possession of premises or who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises. 1.25 "operating Authority" shall mean The Corporation of The Town of Kincardine or its authorized representative. 1.26 "Owner" shall include the occupier of property and the person, for the time being, managing or receiving rent of the land or premises in connection with which the work is used whether on their own account or as agent or trustee of any other person or who would so receive the rent of such land and premises where rented, and shall also include a lessee or occupies of the property who under the terms of the lease is required to repair and maintain the property in accordance with municipal by -laws. 1.27 "Premises" shall mean and include one self - contained dwelling unit, residential or commercial; and in cases where buildings are subdivided and in possession of two or more occupiers, each occupier shall be deemed to be an occupier of premises within the meaning of this By -law. 1.28 "Refuse" shall mean and include all waste materials such as broken crockery and glass, jars, bottles, bones, discarded wearing apparel and all kinds of refuse not • subject to decay. 1.29 "scavenging" shall mean the unauthorized removal of reusable materials from in, around or among disposable solid waste at the Site. 1.30 "Scrap metal area" shall mean the area in the Site designated by signs or otherwise for the placement of metal, steel, iron, aluminum or other metallic materials. 1.31 "The Site" shall mean the Town Waste Management Site as described in Schedule "A" attached to this by -law, as amended from time to time, 1.32 "Tipping ?ee" shall be a fee, as established in the Town's consolidated fee by -lay, charged by the Town for the placement of disposable solid waste at the site. 1.33 "Town of Kincardine" shall mean The Corporation of The Town of Kincardine, also referred to in this By -law as the 'Town'. 1.34 "Wood area" shall mean the area in the site designated by signs or otherwise for the placement of wood, brush, tree branches or other wooden materials. .. /4 • Page .4 . BPONBIBILIT /FB OF '1'H& TOwS1 2,1 Where a property owner has entered into a site plan or other contractual agreement with the Town, that agreement shall take precedence over this By -law as it applies to the subject_ premises. 2,2 A collection service for disposable solid waste for occupied residential and commercial premises within the limits of the Town shall be provided on the following basis; a) Domestic premises - weekly b) Commercial premises - five times a week between the hours of 6 :00 a.m. - 10:00 a.m. Monday to Friday. A schedule of collection shall give notice as to the day upon which vehicles will all to pick up disposable solid waste, said notice to be given by mail, delivery or publication by the Town. 2.3 Not included in the container number referred to herein is the recycling or "Blue Box" provided by the Town for recyclable materials, the cardboard recycling program and material placed fax pick up during the special Spring and Fall clean up programs, 2,4 The works department of the Town shall provide a collection service once every month for recyclable cardboard for every occupied premises within the Limits of the Town. A weekly cardboard collection will be provided to all commercial premises. A schedule shall give notice as to the day upon which the cardboard will be collected from occupied premises and commercial establishments, The cardboard will not need to be placed in a container as defined in Clause 1.6. necessary to make up the said accounts. 2.5 All revenues collected from the sale of bag tags shall be used by the Town to assist in maintaining a system for the collection, removal and disposal of waste and to assist the Town in its initiatives to reduce, reuse and recycle all waste products. 2.6 When garbage collections cannot be made on the regular day as prescribed by the collection schedule, due to the incidence of holidays or for any other reason, the Town shall make all reasonable effort to notify affected residents by the publication of a suitable notice in a local newspaper. 2.7 The works, department shall not remove any manure, night soil, springs, mattresses, furniture or construction materials, nor any crates, wooden boxes from any premises except for annually scheduled special pickups arranged by the Town. The owner or occupier will have to make special arrangements with private contractors for any pickups not provided for in this By -law. 2.5 The works department shall not collect any tagged container or bag in excess of 11 kilograms. .. /5 Page 5 RESPONSIBILITIES OF RESIDENTS AND COMMERCIAL EseAseesEmeNT^s 3,1 Garbage bags and containers: a) shall be kept on the premises that is the source of the waste being disposed of; and h) shall be placed for collection by the Town in the manner and location prescribed in this by -law between 9 :00 p.m. of the evening prior to the day of collection and S :0o a.m. on the day of the collection. occupiers of premises shall utilize the services of the blue box grogram as provided by the Bruce Area Waste Recycling Association. Failure to do so shall result in garbage not being removed from the premises and it will be up to the occupier to dispose of the garbage in a manner conforming with this By -law. 3.2 All cardboard shall be collapsed, formed into a bundle and secured in a manner that facilitates manual handling. 3.3 Non - recyclable cardboard may be bundled and placed at the curb provided that a bag tag is visibly affixed to the bundle; such bundle shall not exceed .25 cubic metres in volume. 3.4 No person shall allow empty garbage containers, or any disposable solid waste not collected by the Town to • remain in the location specified in this By -law; for • pick up of such waste atter 9 :00 p.m. on the day specified in this By -law for collection. 3.5 Garbage may be placed in containers equipped with tightly fitted lids and proper handles if all waste is first securely placed inside plastic or paper bags. The top bag shall have affixed to it a bag tag that is clearly . visible when the lid of the container is removed. 3.6 Each bag shall have affixed to it an approved Town of Kincardine garbage bag tag. 3,7 No person shall place garbage for pick -up by the Town unless the same has been packaged or prepared in accordance with this By -law. 3.e Owners of property, where it is deemed more convenient in the opinion of the Town of Kincardine to make collection from the, :tear of the premises, shall be notified that collections may be made by entering lanes or alleys. During winter months pathways must be maintained clear of snow and ice where necessary to permit convenient access to receptacles placed for collection, In the case of premises located in outlying districts of the Town situated on streets which may not be open for traffic during winter months, receptacles shall be placed by the occupier at the nearest practical point at the curb or on the boulevard of the nearest street which is open for traffic, 3.9 Dto person shall place disposable solid waste materials for collection in accordance with this By -law except during the time specified herein for collection of the Page 6 3.10 in all commercial premises including restaurants, grocery stores, fruit and vegetable stores, butcher shops, refreshment stands, flour and feed stores or in any premises where it is necessary to accumulate garbage in -ergs amounts, the same shall be placed in a garbage rocm .bin so constructed that the same prevents the entrance of flies, rats or other vermin, and the said room or bin shall be maintained in a sanitary condition at all times, 3.11 There shall be no pick up of cartons, wooden or fibre containers, except under the provisions of section 2 above and then only if each container is not more than 0.34 cubic metres or not more than 11 kg. 3.12 No person shall place highly combustible material in a garbage container for pick up by the Town in accordance with this By -law, either in a separated form or combined with other disposable solid waste materials. 3.13 No person shall place aahes in a garbage container for pick up by the Town in accordance with this By -law, either in a separated form or combined with other disposable solid waste materials. 3.14 No person shall pick over, interfere with, disturb, remove or scatter any disposable solid waste materials or any container therefore, placed for removal in accordance with this By-law, whether the same is contained in a garbage container or otherwise, unless the person is a representative of the Town authorized for garbage collection, or a person authorized by the owner or occupier to remove the garbage of the said owner or occupier. 3,15 No person shall remove a bag tag from a bag of refuse belonging to another. 3.16 No person shall copy, counterfeit or in any other way attempt to replicate the Town of Kincardine bag tag. 3.17 Every person shall place waste for disposal on the road allowance directly adjacent to their own property. 3.18 No person shall knowingly spill, scatter, deposit, throw, cast, lay or cause to be thrown any waste on any street, lane, alley, laneway, public or private way, or in any public square, place or private lot. MANAGEMENT /OPERATION OP THE WASTE MBNApEMENT SITE 4,1 The Town shall provide and designate such areas within the waste management site as it deems necessary and appropriate for the deposition, temporary storage, handling and processing of all wastes regulated under this by -law. 4.2 All disposable solid waste collected by the works department or by any citizen or private contractors within the limits of the Town shall be deposited at the Site. Recyclable material from the "BLUE Bat" and "Cardboard Program ", will be accepted only at the f acilities provided for the collection of these materials. ..(7 • Page 7 4.3 The Site shall be under the supervision of the manager of public works or other authorized Town official. An adequate _staff shall be maintained by the manager of public works to supervise the dumping of disposable solid waste and to cover the same with earth following the sanitary fill method of disposal. 4.4 No person shall place disposable solid waste at the site as specified on Schedule "A" attached to this By-law except during the hours of operation. 4.5 No person shall deposit disposable solid waste at the Site coming from a source. located outside the Town of Kincardine. 4.6 All waste delivered to the Site as authorized by the operating authority shall be placed in the Site as follows: a) Disposable solid waste in the designated fill area or bin; b) Wooden products in the area designated for wood; c) Metal products in the designated scrap metal area; d) Tire products in the designated tire area; e) Propane and other compressed gas containers in the designated area; f) Auto products. in the designated auto area; g) Compostable materials in the composting area; h) Household hazardous wastes in the household hazardous waste area; i) cardboard in the area for cardboard. j) Ashes in the area for ashes. 4.7 enclosed vehic).es • No parson shall enter the site hauling disposable solid waste in a truck or trailer unless the load is completely enclosed or equipped with a suitable covering or otherwise secured to prevent any of the load from leaving the vehicle prior to dumping in the permitted area. 4.8 Unauthorized Persons. • No person shall enter the Site for any purpose other than depositing disposable solid waste in permitted areas without the prior approval of the operating authority. 4.9 piseosal Bee Schedule Fees for the disposal of waste at the Site shall be as established in the Town's consolidated fee by -law. Notice of such fees and any changes thereto shall be published by the Town in an appropriate manner, and shall be applicable to all persons authorized to use the site. 4.10 Hours of open tioi No person shall deposit refuse, garbage, trade and industrial, waste and building materials in the Site other than on those days and during those times as may be established by the Town from time to time. Notice of such dates and times and any changes thereto shall be published by the Town in an appropriate manner. ../8 • Page 8 eeNERALpROV7SION9 • • 5.1 Employees of the works department engaged in garbage collection shall be provided with suitable tools and shall gather up and remove any of the contents of the receptacles which may be spilled in handling. The said employees shall replace them es nearly es possible in the same location in which they were placed by occupiers and /or owners of premises for pick -up purposes. 5.2 In cases where the occupier and /or owner of any premises is physically incapacitated to such an extent that the occupier and /or owner is unable to comply with the • regulations, special arrangements may be made with the manager of public works. 5.3 For the purposes of this By -law, the definitions and interpretations given in this By -law shall govern. Zn this By -law, 'shall" is mandatory; words in the singular include the plural; words in the plural include the singular; words used in the masculine gender include the feminine and vice versa. 5.4 This By -law shall be enforced by enforcing officers as defined herein. For the purposes of enforcing the provisions of this By -law, enforcing officers may inspect garbage placed on public property. 5.5 Every person who contravenes any provisions of this by -law is guilty of an offence and is subject to the penalties as prescribed in the Provincial Offences Act, 8.3.0, 1990, Chapter P.33. 5.6 By -law Number 1992 -31 passed on the 4th day of June, 1992, be and the same is hereby repealed. • 5.7 This by -law 'shall come into full force and effect upon its final passage. 5.8 This by -law may be cited as the "Waste Management By-law". READ a FIRST and SECOND time this 8th day of April, 1993. READ a THIRD time and FINALLY PASSED this 22nd day of April, 1993. emeadiegill Xay • Appendix A Collec of a r o a r -,,„.. , ... , 6 , .4Siii) 4 A . I Downtown District O ,, ��° k gi g. -9.)e. Q / „ 4 sr Ward one L E 'r3 Y' !` O ,�F,,, 4 iff V.,:.4 , S t u t � 1 1{ F # 4 . ' " 1 ///�� :2'' F ,x x � + , Points serviced outside BIA (currently) - f i ', S ,m ,,,, 4 :',,a „ n, : 0 14114'1 : � n �" y �L , ry 1, . 5 &1� F y f s- ' - j �` s� Areas serviced inside BIA e� . `+'� iy , N n '4 , U v ✓A a , J[ d q 4 d ,,1c t 4 v s [' d9 L 2:4' ' ,', ' •'''E: , :',, Y i"^:' 2 l'' < �,� • FT 19 1 f Sy + 'F s'�.>t� �j, W - 0 y +�6 / a n k h a ►� ` (� J a s e rfi •xr p� `�'`°�� j # ° �� rr�4�Ly`9 i ,` ra t n g �'�� ri F r wx S 6 : ,':t,, ......,\-.. , r s = ss � F 'r Ilr 4 G f ':_ Q d ' S in OO -k Q S ' b r c> 4 dr y v t ✓ J / *. a ny ? *k , . . ..J. • . � M _ I r.. s n rirF e t; ... B � 5 or ,e/V,',64 a� > r 5 ” 3 el e A. j e, 9 °s. 0 °� e s r � 1 CJ Q,r r °• rt i= r r '� c Q : , O .J `per' Q om? Q 80 4'41' „ � � 4 ♦ e ■ MUNICIPALITY OF KINCARDINE 6:ce Commercial Cardboard Collection PLEASE NOTE: o ��. Effective December 7, 2001 please en- sure that all Corrugated Cardboard is set ante R out for weekly collection in the follow- ing manner: • o Flattened and/or cut into pieces coo�P • Put into bundles no larger than 76 cm cP x 76 cm x 20 cm (30 in x 30 in x 8 in) tied with string Imp • Placed out for collection by 8:00 a.m. I This is Schedule "C" to Bruce Area Solid Waste Recycling (BASWR) Agreement dated the 7th day of July, 2010. REPORT NO: PWM 2010 -05 SUBJECT: Solid Waste Collection Contract Cardboard Collection Contract REPORT SUMMARY: The Municipality is currently under contract with Bruce Area Solid Waste Recycling (BASWR) for the curbside collection of residential waste in the Municipality and residential and commercial cardboard (O.C.C.) in Ward One. Council is being asked to renew the contracts for another 3 year term without the residential cardboard curbside collection in Ward One. This results in an overall cost increase of 1.4% over the next three year term. ORIGIN: By law No. 2007 -204 EXISTING POLICY: Purchasing and Procurement Policy No. GG.2.17 Analysis: Bruce Area Solid Waste Recycling (BASWR) has been under contract for solid waste collection and recycling in the Municipality since 2001. BASWRA is a not for profit organization established and owned by seven of the eight Municipalities in Bruce County. The current contract with BASWR is due to expire in October 2010. BASWRA has offered to renew the contracts for another three year term at the increase in cost of 3.8 %. Current Cost per Renewal Cost per Year Year Residential Waste Collection $189,834 $198,155.24 Commercial OCC Ward 1 $30,496 Collection and Residential Ward 1 Collection Commercial OCC Ward 1 $25,296.00 Residential OCC Ward 1 $5,200.00 Collection The residential collection of cardboard in not being included in the renewal of the contract. The service was discontinued in May 2010, with virtually no complaints. Residents were not using the service. The result is an increase of 1.4% over the three year term. COMMUNITY PLAN CONSIDERATIONS: Initiative No. 2 — Manage Solid Waste consistent with Best Practices. FINANCIAL CONSIDERATIONS: The costs are included in the operating budgets for Solid Waste Management. OPTIONS: 1. That Council authorizes the Mayor and CAO to execute an agreement with Bruce Area Solid Waste Recycling for a three year term for the collection of residential waste and commercial O.C.C. (Ward One) at an annual cost of $223,451.24 and further that this contract be exempted from provision 7.2 of the Purchasing and Procurement Policy No. GG.2.17 and be awarded as per provision 9.3 of the policy. 2. That Council direct the Public Works Manager to conduct a public tender for the curbside collection of garbage and cardboard. 3. That Council not act at this time. PREFERRED OPTION: Option No. 1 is the preferred option. To be considered as Matters Arising at tonight's meeting. CAO'S COMMENTS: I concur. DATE: June 2, 2010 'j AUTHOR'S SIGNATURE Jim O'Rourke `` This is Schedule "D" to Bruce Area Solid Waste Recycling (BASWR) Agreement dated the "�' 7th day of July, 2010. , R.R. #1, 126 Concession 14 • Southampton, ON • N0H 2L0 µpµ Telephone (519) 797 -5557 � • Fax (519) 797 » 5472 • wwwbrucerecycling.com - ON O . 4 1 0 gl, steR � . :rte El a -cam in 0 April 19, 2010 a ID , ' w aT a The Municipality of Kincardine Ptinoln01130419 CI CI . 1475 Concession 5, RR 5 Kincardine, On. Reeiottlon ti C . N2Z 2X6 D It Sr+ar: = ,.. 0 D Attn: Jim O'Rourke — Public Works Manager y n . 1 : D - , D - 7 . . Re: Waste Collection Tender No. 2001 -06 , 9 "'a" �- ---- -- 7 2 Cardboard Collection Contract No. 2001 -13 ...ii. Further to our conversation regarding the renewal of the waste and O. CC: collection. contract (Tender #2001 -06) we are requesting a small increase of 3.8% over the total cost of the contract. This represents an increase of 1.26% per year over the last three years. This will adjust the rate to cover for current fuel costs as well as costs which will be incurred taking all waste to the Arnow Landfill. Please note that the overall increase would be lowered to 1.4% if the option that does not include residential O.C,C. collection is accepted. The annual costs would then be as follows for the three -year period: Residential Waste Collection - $198,155.24 per year Ward 1 Residential and Commercial O.C.C. Collection - $30,496.00 per year Commercial O.C.0 Collection $25,296.00 per year Please contact me if you have any questions. Sincerely, . /7L,,,,,,,,74:Th , /1-4.4...../.,-6 . Vince Cascone General Manager BASWR