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HomeMy WebLinkAbout01 103 TD baswra refuse · e e .. AMENDED/REPEALED BY BYlAW NO. ;)..00.;1-13<{ DATEn '\. er,,,,_6e, 'I, ,J,,~ THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2001 -103 BEING A BY-LAW TO ACCEPT A TENDER FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION WITHIN THE MUNICIPALITY OF KINCARDINE WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it expedient to accept a tender for residential and commercial refuse collection within the Municipality of Kincardine. NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of Bruce Area Solid Waste Recycling Association (BASWRA) in the amount of $172,938.38 including all applicable taxes, be hereby accepted. 2. That the Mayor and CAO be hereby authorized to sign, on behalf of the Council for The Corporation of the Municipality of Kincardine any contracts and other documents required to authorize such work to commence, and to affix the corporate seal of The Municipality of Kincardine. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "BASWRA Refuse Collection, Tender Acceptance By-law". READ a FIRST, SECOND, and THIRD time and DEEMED TO BE PASSED this 22nd day of August, 2001. - Clerk \. - e THE MUNICIPALITY OF KINCARDINE TENDER RESULTS CONTRACT NO. 2001-06 - Residential and Commercial Refuse Collection Opened: June 19111, 2001 Contractorl Date Teader Certified Agr.To Signed Bidder Received Amount Boad Bruce Selvice June 19 ,2001 $196,340.00 $19,600.00 Sales and Rentals BASWRAI June 19 ,2001 $172,938.38 $17,293.84 - ~ J ~ .. SCHEDULE "X" TO BY-LAW 2001-103 · THE MUNICIPALITY OF KINCARDINE TENDER NO. 2001- CONTRACT FOR RESIDENTIAL & COMMERCIAL REFUSE COLLECTION · FOR THE MUNICIPALITY OF KINCARDINE June 18, 2001 - June 18, 2004 TENDER DUE: Wednesday May 23, 2001 At 12:00 NOON LOCAL TIME · FINAL DRAFT 4 " . , The Municipality of Kincardine Tender No. 2001- Page 2 of18 · 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: The Municipality of Kincardine Jim O'Rourke, Public Works Manager 707 Queen Street Kincardine, Ontario N2Z 1Z9 · until 12:00 noon local time on Wednesday, May 23, 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 May 23, 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 Adjusbnent by telegram, fax, or letter to a tender already submitted will not be considered. A bidder desiring to make adjustment to a tender submitted must withdraw the tender and submit another tender. A tender may be withdrawn at any time prior to the time of closing. Should there be any error in extensions, additions or computations, the unit price shall govem and the corrected total shall be used as the basis for comparison of bids. The tender form must be signed and witnessed in the spaces provided on the form, wilh 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. The Municipality of Kincardine does not bind itself to accept the lowest or any tender. The tenders must be clearly legible and all blanks filled in. 3.3 3.4 · 3.5 3.6 , · · · ~ .. The Municipality of Kincardine Tender No. 2001- Page 3 of18 4. CLARIFICATION OR INTERPRETATION: The specifications, 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. Any questions regarding this tender are to be confirmed in writina bv the bidder and all bidders will receive written clarification from the Manager of Public Works. Unless 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 and agree to comply with same and all terms and conditions stated in the tender documents. 5. TENDERERS TO INVESTIGATE: Each bidder is required, before submitting his tender, to examine and satisfy themselves as to the general area of The Municipality of Kincardine where the work is to be performed and satisfy themselves as to all conditions that may be encountered during the peñormance 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 May 11, 2001 at 9:00 am at the Municipal Office in Underwood. 7. TERMS OF AGREEMENT The collection duties of the successful tender will commence at 12:01 a.m. on June 18, 2001 for residential and commercial collection. The term of this contract shall be three (3) years respectively ending at 11 :59 p.m. on June 18, 2004;>ut 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 precent (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 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 foñeited as provided in Article 6 of General Conditions. No interest will be paid by The Municipality of Kincardine on any bid deposits. · · · . . The Municipality of Kincardine Tender No. 2001- 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 currenUy or previously contracted wilh 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 Ihe 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 Compiete 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 TenderNo.2001~ Page 5 of 18 TENDER FORM T1 (PART AI ITEM DESCRIPTION LUMP SUM I YEAR TOTAL tlNC. GST) 1. Ward 1 N/A N/A 2. Ward 2 N/A N/A Total all 3 3. Ward 3 wards $172,938.3 $172,938.38 4. Provisional Item Pick up of Cardboard at N/A N/A Curbside in Ward 1. Commercial every Friday, Residential month Iv Optional Purchase of see attached see attached Existing Item #1 Item #1 Municipal Equipment 5. Garbage Packer Truck Unit #108,1989 Ford Tandem, automatic transmission, Jaeger 20 yd packer. 6. Garbage Packer Truck see attached see attached Unit #116, 1987 Ford Item #1 Item #1 Tandem, automatic transmission, Fanotech 20 vd Dacker. Total $172,938.38 $172,938.38 · · · '.< < The Municipality of Kincardine Tender No. 2001-06 Page 6 of 18 TENDER FORM T1 (PART B) FORM OF TENDER TENDER OF BRUCE AREA the undersigned COMPANY in the County of BRUCE SOLID WASTE RECYCLING of the TOWN of SAUGEEN SHORES VWe, 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 parformance of refuse collection services within The Municipality of Kincardine, do hereby offer to peñorm such selVices for The Municipality of Kincardine of the type and quality and in the manner described, sUbject to and in accordance \Mth the terms and conädions as herein provided; the undersigned will provide at my/our expense all the means necessary for the peñormance of such selVices. The parties hereto agree that in the event there is a conflict between this Tender Conlract and any of the By..Jaws 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 INFORMAT10N FOR BIDDERS 1 . MylOur base tender price for the collection of all material is $ 1 7 2 , 93 8 . 3 8 pe rye a r We acknowfedge receipt of Addendum No. N / A to N/A VWe enclose herewith our bid deposit in the amount of S 1 7 , 2 9 3 . 84 dollars in the form of a cert i f ied cheque . If the successful bidderdefaulfsin entering into a contract or in filing a performance bond, The Municipality of Kincardine Council may resort to another bidder. If the successful bidder fails to enter into the conInIcI wiIhn seven (7) days after being requested so to do by The Municipality of Kincardine. as provided by AIticIe 6 of the General Conditions herein, the seid bidders bid bond or depos~ shall be forfeiled to The Municipality of KIncardine as Iquidated 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 \Mth the Environmental Protection Act, R.S.O. 1990, E.19, as amended and the regulations thereunder as amended. ..- .' . The tenderer proposes the undemamed GuarantylSurety Company: ,.,0>,.1- i f i o>n ,.,ho>qno> in 1 i eu 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. . . . .' ~ 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 finallv acceDted. SIGNED, SEALED AND DELIVERED AT !';IITT¡:¡F.FtJ !';~n~F.C: THIS 19th DAY OF JUNE A.D. 2001. NOTE: If a limited company, signature of authorized officer under Corporate Seal is required. ~¿.~~ SIGNA RE OF CONTRJI. lIWe eve Authority to bind the Corporation GENERAL MANAGER TITLE ~ ~ :11:1 ADDRESS SOUTHAMPTON, ON NOH lWO ~. - L:--... .'" WI NESS - SIGNA~È J4C-1l.1F WH ¡"T£ WITNESS - PRINT NAME . > ~ Item #1 The Municipality of Kincardine . Tender No. 2001-06 Bruce Area Solid Waste Recycling Bid Item ~n Lump Sum Thtal (lœL GS1) OpIiDnalPurchase of EYÌotirIg MJ,,.;,,¡p..1 Equipment G8Ibøge Packer Th1ck 3COo~ 5. Unit #108, 1989 Ford 1JmoIto.In. automatic I........:c..:..n, Jaeger 20 yd pacIœr 6. G8Ibøge Packer Th1ck Unit #116, 1987 Ford 2Cð6 0'- 1àndem, BDIomatic . IIA._..........Q, F8II011X:h 20 yd pacIœr TOTAL 5"tX>O" " ~5;O <>0 . , ~ . Bruce Area Solid Waste Recycling . R.R. II Southampton. Ontarlq NOH 2LO . Phone: (519)797-5557 Fax: (519)797-5472 www.brucerecycllng.com Kinœrdine; Municipa1ity of . AUn: Jim O'RoWlœ, Pub1ic Works MaIIager 1475 CoucessiotÍ 5. R.R.#l5 Kim:ardine. ON. N2Z2X6 '. . JUDe 19, 2001 Dear Mr. O'Romlœ: Please fiDeI below thetonowing iiñormation required witbin Tender No. 200 1-06. Contract for Reside1Uiat & Commercial RefoseCol1ection:· - . Type of organization- Not-for-P1Œt CmpO.oati~ Ministty ofEnvirmimeDt BJJd Energy Registration Number- 272051 . ,.' - Location of Head Office - R.R. #II, (126 Cone. 14, Saugeen Shores), Souihampton. ON, NOH2µ! . ,. - Number ofpeisons employed - 10 - N~ of persons to be employed UDIIet this teod«.-2 - Number of years in refuse collectiotL operations or fleet operation - 11 . - Lisfof other mllm"ÏpAliri", individuals or am1I"'nies curreotly or preriously COJJInII:U:d with for similar service: ToWnship of Amm-EIderslie - reçycling co11ection . TOwnsbip ofHuron-Kinloss - œcycIing mllectiou (Luckoow & KinlQSS Twp) Mullicipality ofBroc:kto1i. - œcycIing co11ection . )Ann;"q,.lit,y ofKinœrdine - œcycIing coI1edion Muniåpøli.ty of South Bruce - œcycIing co11ection Town of ~ Shores- œcycIing col1ec1ion . Town of South Bruce p.,mnolll__ œcycIing col1edion - Number ofback upaplÏpmeDt available -available upon request . - The number, type and details ofvdlicles BJJd equipment ptopolio;d to be used on this COBUI!ct: 2 vehicles, 1990 Volvo WXLL64 padœrs -Copy of the vehicle safety certificates -\'dñcIes to be pun:based ifsucœsSfut bidder, safety certificates will' accompany equipment and will be made ~ to the Munici¡:iality . . .:Z/1~ V"mce Cascone . . MaIIager, BASWR " . The Municipality of Kincardine Tender No. 2001- Page 8 of18 · 1. DEFINITIONS AI MUNICIPALITY BI MANAGER OF PUBLIC WORKS CI CONTRACT DI CONTRACTOR FI LUMP SUM · '=" GI TENDERER 2. TENDERS GENERAL CONDITIONS means The Corporation of The Municipality of Kincardine. means the person for the time being filling the office of the Manager of Public Works of the Municipality or any other person authorized by the said Manager of Public Works to act on his behalf. means this agreement and includes the Bonds, or Security, the Specifications, the General Conditions, the Tender and any other documents referred to in this agreement or attached thereto. or a pronoun in place thereof, means the person or persons who have undertaken to peñorm and carry out this contract, the successful bidder. 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. means synonymous with "bidde~'. 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 outtined 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. · . t . & > The Municipality of Kincardine Tender No. 2001- 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 aels 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 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 cany 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 bome 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 altemative. The cheque will be deposited in The Municipality of Kincardine general fund and will be returned upon successful completion of the contract. These funds will not accrue anv 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 agreemen~ the deposi~ bonds, or cheque will be forfeited to the Municipality as liquidated damages and not as a penalty. . t . ~ > The Municipality of Kincardine Tender No. 2001- Page 10 of 18 8. 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 anyone person and anyone 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 properly 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 or any other public or private properly 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. 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 10. The contractor shall not assign or sublet the conlract or any part thereof or any benefit or interest therein, or thereunder, without the written consent of The Municipality of Kincardine. The company shall be held as fully responsible to The Municipality of Kincardine for the acts and omissions of its sub-oontractors 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 Councilor officer of the Municipality is to be held personally liable to the contractor under any circumstances whatsoever. 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 . , . . > The Municipality of Kincardine Tender No. 2001- Page 11 of 18 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 ascertaine<l 11. LIENS The parties hereto and their surety or themselves, their executors, administrators, successors and assigns and any and all other parties in any way concemed, fully indemnify 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, gamishee 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 13. 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. FORFEITURE OF CONTRACT If the contractor neglecls 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 MunicipaUty 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 paris 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 paris 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 on 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. . t . , . The Municipality of Kincardine Tender No. 2001- Page 12 of 18 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. CSA Approved Safety Boots. Any notice or communication to the contractor shall be deemed to be well and sufficiently given and served if handed to the contractor or any of his clerks or agents or if posted or sent to the address 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 wrilten 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. 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. . t . . ~ The Municipality of Kincardine Tender No. 2001- Page 13 of18 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 TownshiD of Kincardine) Lot 15. Conc. 5 Winter hours - first Monday in October until first Monday in May Tuesday 10:00 am - 5:00 pm Saturday 10:00 am - 4:00 pm Summer hours - first Monday in May until first Monday in October Tuesday 10:00 am - 5:00 pm Wednesday 5:00 pm - 8:00 pm Saturday 10:00 am - 4:00 pm Ward 3 (former TownshiD of Bruce) Lot 17. 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 ofthe 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 has been established to the satisfaction of The Municipality of Kincardine Council shall arant the contractor a DroDortionate increase effective as of the date of closino 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 Municipality of Kincardine Tender No. 2001- Page 14 of IS . 20. PERMITS The contractor shall obtain and pay for at his own expense, all licences or permits required by law or staMe or regulations made thereunder. 21. COMPLIANCE WITH LAWS The contractor shall comply with all Federal, Provincial, and Town laws, staMes, 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 wh ich 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- 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. EMÞLOYEEAPPEARANCE 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- Page 16 of 18 6. COMPLETE COLLECTION The contractor shall perform such services as are required, including but not limited to, all those services described herein, to provide a complete collection system travelling all public roads and stopping to pickup at each residential and commercial unit, and shall not, be entitled to receive any remuneration from the Municipality other than that provided for in Article 22 of the General Conditions and at the tendered prices. 7. HOLIDAYS No collection shall be made on Sunday, Good Friday, Christmas Day or New Years Day and further that the Landfill Site is closed on all 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 em by 13 cm. advertisement. If severe weather conditions do not allow regular schedules proceeding, the Contractor shall notify the Public Works Manager and the Owen Sound Radio station (CFOS am560, fm106) and Wingham Radio Station (CKNX fm102, am920) immediately. The scheduled day missed shall be made up on the following collection day. 9. CHANGES NOTICES All changes and notices in connection thereto in the collection schedule shall be approved by the Manager of Public Works before same becomes effective and the contractor shall be responsible to advise the general public by a notice published in the local newspaper at his expense of any changes in the days of garbage collection. For minor changes in collection times, the contractor may deliver at his expense hand bills to all affected householders. 10. ROUTES The Manager of Public works shall provide 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 lakeshore must be scheduled for collection on Mondays. 11. STREWN GARBAGE The contractor is to carry shovels, etc. in order to pick up and clean an area if garbage bags are broken and strewn about. The Contractor is to notify the Public Works Manager of any such infractions immediately. . . . . . ~ The Municipality of Kincardine Tender No. 2001- Page 17 of 18 12. CONTACT PERSON The contractor shall suppty the Public Works Manager with a contact name and telephone number in case collection is missed and must be picked up. 13. MISSED COLLECTIONS 15. If the Public Works Manager detennlnes that the Municipality must carry out any part of this contract, the contractor shall be invoiced for the work undertaken. If nol 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 Perfonnance of the Work by labour disputes, strikes, lock-outs Oncluding lock-oufs decreed or recommended for its member.; by a recognized Contra<:tor's Association of which the Contractor is a member), fire. unusual delay by common carriers or unavoidable casualties or, without limit to any of the foregoing, by any cause of any kind whatsoever beyond the Contractor's control, then the contract time shaH be extended for such reasonable time as may be mutually decided, but in no case shall the extension of time be less 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. USER PAY GARBAGE SYSTEM The contractor aCknowtedges the user pay garbage system within The Municiparrty 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 Municiparrty in policing the by-law, Including, but not necessariy fimlted to, placing rejection stickers on non-complylng 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 17. 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. PRIVATE ROADS The contractor is not expected to travel private roads with the exception of those i:lenlified 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 Municipally of Kincardine may have two surplus garbage packer trucks that are availabte 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 WOIks 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- Page 18 of 18 19. DESCRIPTION OF WARDS WARD 1 WARD 2 WARD 3 Previous Town of Kincardine - approximately 51 kilometres of urban roads, approximately 2781 stops. Previous Township of Kincardine - approximately 208 kilometres of rural roads, approximately 1401 stops. Previous Township of Bruce and Tiverton - approximately 230 rural and 10 urban kilometres of roads, approximately 1143 stops. > ~ THE CORPORATION OF THETOWN Of KINCAADINE I I ~ I - BY-LAW IIT-LD 110. 191!-20 . A :ø;r-UIIf TO p1lmll' .... ftB COLLIIC'!101J un DISIOBJIL 01' 'IIIS'tB AIID '1'0 BIItXIIIIIJ!QB DSTB 1BDDC1'I0II, R1IIISB .IIID ucrt:LIJIG Dr !lIB ~ 01' Jl:IIICIRDDII. vasID_ the council for 'J!he corpòrat.i.on at the TawIl of Kincardine clelllls it desirable to cOZIsoliclate all ruleS And reguLatiOZlIl for the collect1ol1 aud disposal gf garbage, refuse aDd ashes, . lIIID 'IIJ"'D-. the COuncil for The Co:¡:poration of. the Tow of Kincudille Qaa1res to promote vaste reàuctiDII, reuse aDd recycling !TOIl 1;.............. the couucll for The c:orporatioD of !:he TOW of ItincardiDe IIII&C'1'S as follOWll: . JmilIHI'rIOlfS 1.1 "Ash Area" shall _n liB uee. of the eite c1e8ignated. by e1qn or othenis.. mQ established for the purpose of dieposing of aabe.. 1 . 2 "!shea" sMU meaD and inclUde WOOd., coke or cad ash, . eiaders, clinkers, inort so11. 4IIe! neepinqs. 1.3 "Baq Tag" shall _ a clearly ideD't1fiable taq used to indicate !:hat a tippiaq fee bas been paid IIIId approved, by resolution, tor sale by tbe cOWIeil of !he corporati01l of the TaW of ItincaJ:åine. 1.4 "JIOx: board" shall _D noa-co1TU/lated cardboard. 1,5 "8UDdle" &ball mean a llUJ!II er of pieces of lllatedal of ei..qar s128 aDd colllpOsiticm securely tied toqe!:her. 1.6 ·cilzdboarå· she.111Ø8D ud 1aclude all material made frC1ll corr\lqated. paper, excludiug previously recycled procbx:ts aDd specific lmportet1 cardboards. 1.1 "COIaercial" BIIall _a BDytbJ.nq pertaining to premises occupied BDd used ae a retail or woleeale outlet for services or materials that are or intended. to be offered for sale to tbe !feDeral public. . ../2 > . Page 3 1.a "Compost Ar...· shall meall an area ot the sit" dadgnated by sign 0>: othexvie. IIIId eetablåbed fo>: the pu:cpose of CCIIIpOst11l; leaf and yard. waste, 1. , "COntaJ.II8J:" shall ~ II lleul or plastic garbage contailler wider at the top tJw¡ at the bottom, ot a sizs DO QTeAter than 78 litres, 1,10 "COnstructioD Katerial" shall l1l8&I1 waste that is derived froa CODstrDatiou processes and ot sufficient siZe, volwae or we1;ht that woulc11111ke it 'DDsu.l.tabJ.e for its disposal 111 qarbage bags or cODtainers. 1.11 ·Dlspo$8ble solie! wasts· shall meall and include garbage, refus.. aad litter but sh411 not iIIclu4e recyclable mahrials , 1.12 "Domestic· shall refer to ..aytbiDg pe:t4iniDg to p%-eaû.ses occupied aDd used solely as INmaIl hab1tatioD, 1.13 "DInI\p8ter" shall IIIeaII .. nats diSPOS4l bill, metal biD or cont4in8r pl..ced by the operatiJlg authority at or Dear the eatrance to the ai ta IIIIc1 marked by signs or otherwise as BUeh. 1, U "Ell:forcing officer" shall lllean a DIUIIicipal by-law enforc_t officer appointed by the 'fOWD to entorce the pJ:OrisiODS of Tow by-laws. 'rill area· shall mean the portiOD of the sits ..pproved for the d1sposal ot solJ.d waste by the Ministry of the Envi:onmsllt or other authorized Provincial agency. "Garbage· Shall mean and iDclude all V,etable aDd anilllal matter subject to decay, whether t be bcusehold, cOIIIIIISJ:cial 01: !¡¡dustrial WlI.Sta, "Garbage hags" shall II\IIf1II garbage bags manufactured for the use of garbage dJ. &pOSal having a III!IXimum size oJ: 77 OlD by 97 C Q. "Garbage packer truck". shall IllIIaJI a truck with AIl enclosed load-canyiuq receptacle end. machinery used to COIIIp4at the load. "Garbags col1ect:iol1 schedule· shaU II8IIJI a calel1dar poblished ,by the Town to give the OWZIet"S and occupiers of prem.1ses I10tice as to the day upon which vebicles will call to pick up disposable waste and recyclable JlAterials. "Itlghly combuat1.bJ.. material" llball include: photo- graphic filln, celluloid, qaso11118, oil or other f)"_bJe liquid, or I14terials ~ked with uy of die lime. l.U "Household lla2ardOU$ waste" shall illclude: ~ts, stains, varnish, ursl:haDBS, oils, herbic.ides, pesticic1es, car batteries, pharllaceuticals, paol chelllicals, gaB cylioders. . . 1.15 1.U 1.17 1.18 1.10 1.30 . . ./3 . PlIge 3 1.22 "rudustci8l Waste" shall meaa waste derived fram industrial proces.es IInd be.l.ng of sufficient e.l.ze 1101_ or wight that woulci malts .l.t unsuitable for d1epasal usin!! ga1'bage begs or containers. 1,23 "lI.I.ght sail" shall meaJlany exc2.'eJII8IIt (including hUlllilÐ). "01II¡er" shAll include ths occupier of property slid the person. far the till. bring. lllaDagi.JIg or rec.ivaq relit: of the lane! or preai.... in co~.l.oß with which the work is used Whethe:r an their awn accolUlt: or as aqent or trust"e of any other penon o¡; w!Iø would so receive t:hs rent of such lsnd and premieRS wIIere rented, ane! shall also include 8 l&sses or occupier of the property who under tbe ta:tlllS of the lsass is required to repair and maintain the property in accordance v.l.th municipal by-laws. "Prllllises" shall _n &lid iacluds one self-cOJltained dvalliDg unit, resiclsntilll or cODllSrcl.al¡ ud in case.. where J:luildings are sulxUvided and in POIISllss1oD of two or 1IOr. occupi"¡;S, ea.cl1 occap1er shAll be døeIII$d to be an occupier of preød.ses wi thiø till!! meaDioq ot tIIis By-law. 1.28 "Refuse" lIMn _ ud include all wasts mat&rials such as hroken croc:kety and qlulI, :lars, bottles, bones, disearded IlUring apparsl!lOcI. all kiDds of refuse not . IlUbj eel: to decay. . . 1,24 1.25 1.25 1.27 . "OCCNP.I.er" shall II8aJ\ a person who is in physical posseesian of preJaises or who bas responsibility for aM cDllt1'ol over the COIIditioll at PJ:lIllliae.. or the act.I.v.l.tiss thez.e carried all, o¡; control over person. allowed. to eliteI' tile premises, "operating AuthOr.!. cy' shall lDfIiID The Corporation of The . town of IUucardiDe or. i1:8 authorized representative. 1.29 "sc:avenqing" shall meøø the unauthorized removal of r8\llilahle materials from in, U'oUlld or among disposable solid waste at tile site. 1.30 "Scrap I18tal USIl" shall _n the arBS ill tile site deaigj¡atec1 by signs 01: otherwise far the placement ot met<l1, steel. iroll, alwnillUIII or other lIIetal1,i,c: materials. 1.31 ":rile 8ita" shall _ the !town Ifðst" *n!l9e11lO11t site as d.......1bed in 8CÀ8Clule "A" attached to this by-le1Ir, a.. USDdecl from time to tilDe, 1.32 "Tipping ha" shall be e fee, as establ1sbecl in the rown's consolidated fe. by-law, cbarged by the TCIWII for tile plao_t of disposable 1I01id waste at the sit... 1.33 "!eVIl of IÚDcanline" shall _II The corporation of The TOWII Of IUDcardine, also I:lIferred to 111 this By-law as the 'fown'. . 1.34 "!food uee" shall mean the area ÍII the sit. designated by si\lllS or otherwise fol;' tile plaCEllllellt at wood, brusb, tree branch.. or other woodeD materials. ../4 ~ . . 2.5 . page .4 RRgPONSIHtLFTI~9 DB ~ TOWH 2.1 When a p1'Operty IMler has entered into " site plan or gther contractual agrell1llent with the 101m, that agreell\llllt shall take preclldence over this By-law as it applies to the subject premises. 2.2 A collectiOll service for dispollLlble solid vasta for oceapied res.l.dentlaJ. and cOllllllllrd41 premises within the liJIits of the TOIIII shall be prgv1dec! 011 the follOwillq hu1e: 2.3 a DoIIIestic premises - weelcly b c:o.erçial premises - five 1:imea a week between the hours of 8:00 a.m. - 10:00 a.lII. Konday to rr.l.c1ay. A schedule of col1ectioll shall give notice lIS to thê day upon which vehicles will call to pick lIP d1sp~le solic1 waste, said DOUce to be given by l1li11, delivery or publication by the TOwn. Hat included.l.n the container nWllber refel:red to herein ill the recyclllll1 or "Blue Box" provided by the Tow for recyclable materials, the c:ardboard recycling pragru. am!. 1II&t".141 placed for p1ck up duriDq the special Spring and Pall clean up programs. The works depart:lltent of the 'l'oWn shalì provide a collectioll service once every moath for recyclable car@Oarlt for ever¡ occupied preraiees within the lJJDits of the TOWII. A weekly cardboard collection will be provided to all COIIIIIIercial prelll1_. A schedule shall gin notice as to the day upon vbich the C!UdÞoud v.\.11 be dClllected tram occuPied .p~s óIIICI COlllll1e1'Cial eetaÞlisluuntc. TIle çudJloaro:i will IIOt lIeed \:0 be placed .I.n a contaiDer as l1etined 111 Clause 1. 5 . neceseuy to lIIIIIce lIP the said aecounts. All reV8l\ues çallectsd troll the SIIle of bag tags shall be \\Bed by the TawIl to u8:l.at 111 wntailliDg' II system fo%' the collection, nmovel and c1isposal of waste lUllS to assist tI>e TOYD il1 ita .1II.\.tist.\.ves to recluce, reuee "Dd recyole all nste pn>ducts. When garbage cgllectione C4JUIot be lIISde on the regular dey liB prescribed by the collection schedule, clue to the incidence of holidays or fer azrt other reasoa, tha 'J:ow shall !lake all AaBOnaÞle effort to notifY affected retl1dents by the publiQðt10n of a suitable aot:ice in a local n8Wspape%'. '!!he IiIOrQ depa~t shall Dot %'8II01/'e allY lIWIure, !liqbt: lIoil, lIpI"ings, mattrellses, furaitw:s or COQSttuctlOD materials, liar any crates, woodell boxes froIII any prembes except f01: aDDually echec!uled special p1ckupe arrllllged Þy the '1'cIm. '1'be OYIIer or occupier Wi1l bAve to ØlÙe epecial anangelllents with private contractors for any pickups not providad for ill this By-law. T!Ia wortcc department shall Dot co1.lect. any tagqsd container or bag .111 excess of 11 ldlogr81118. 2.4 2.6 3.7 2,8 ../5 I ~ I I I I. . . . . Page 5 UQPOWSIRtLI1'lms 01' USfnRH'P!I AND MVV1mCIAL RA'I'.BI.IS1l'llC!N'l'lR c::arbel1B bags ud containu-s: a) shall be kept aD the pruises that is the source of the waste beiDg disposed of; and b) shall be placed for collection by the 'own in the IIWUIBr and location pl:esc:dbed 111 tills by-law between 9 ,00 51 .11. of the evening pr10r to the day of C:elllection ud ..00 a,lI, on the day of the collect:iaa. occupiøre of prelllbes shall utlUze the seivices of the blue box prcgrem as provided by the Bruc:e Al:sa waste RøCycliDq Aeeociation. railure to do so shall result in ga!:'bage not being realVed from. the pre:aisas and it will be \IP to the occupiel: to d.1l1pOSe of the garbage in a IlRllUler contelroDg with this By-law. All cardboard shall be collapeed, fcmaed into a bundle and secured ill a ItIBIIneJ: that facil1tates 1IIIlJ uaJ. handlinq. lIOu-recyclable cstdboud lIIII.y be blllldJ.ed qd placed at the ~ PRvide<1 that a bag tag J.s vis:i.bly affiXed to the bundle/ wc:b buDdle shell IIOt exceed .25 c:ubic IllClna in vo1_. :3.4 HcI pElIOn sball ellow empty garbage containers, or any cUsposllble solid waste not collected by the TawIl to remain in the loeabon specified in' this By-law; for pick up of suc:h wasteaftez' 1:00 51,11. on the day specif.t.ed in thl.. By-law fOI: collectiaa. :3.5 Garbage IIIIIY be placed in conl:4iaers equipped with tightly fitted lids IUId proper handles U all Waite is first. securely placed insiite plaetic: or paper bags. 'l11e top bag shall have IIff1xed to it II bag tag that is clea1:1y vJ.sjJ)J,e wilen the lid of the ccmt41aer is removed. 3.1 3.2 3.3 3.6 Bach bag shall have affixed to it IIn approved Town of ItincardiDe garbage bIIq taq. 3.7 No perBon allall place garbage for pick-up by the '!'own 1UIl8lls the __ 1\48 been pec:kaqed or prepareci in acc:ordanc:e with this By-law. 3. B owners of property, wbere it is deemed mol'S celnvenient in the OD1n1on of the Town of Kinoard1De to IIIIIke collection froll the rear of the preJJ1ses, eMU be IIOtifleci that collec:t:ions ..y be made by euted.1I9 lanes or alleys. Dllrinq winter IIID1Iths pathways IIU81: be IllÛDt.CI.ined clear of SIIOW and ice where nec:ellBIIJ:Y to perai t convenient access to receptacles placed for collection. III the !:ase of prmses lOCAted in outlying cliatric:ts of the 'lewn situated on streets which l18.y not be open fell' traffic dudnq winter _ths, receptacleS shall b" placed by the occupier at the nearest practiea1 point at the C\1J:b or on tile boulevu4 of the neareste1:r...c Wich is opel! tor trllf:f1C. 3 . 9 No person shall place cUsposllble IIOlid waste lIuerials for collection in accordance with thia By-law except. during the the specified herein for collectiOll of the ~S!1'I"} ):~. ::~.~ ~r)~; . ./:5 1 ' I I ! I ! Ie . . . Page 6 In all COIIIIIIU:cial prl!l1\1ses including restaurants. grocery stores, fnit fI.IId veqetable stores, butcher shops. refnsblllsnt staøds, flour and feed stores or in any premises where it is necessary to acc=1late garbage 1n IIlJ:98 aIIIOunts, ths sue shall be placed in Ii ga%'baqe rO<ml or. bin eo eonstructe<1 that: !:he same prevents the entrance o! fUes, rats or otheZ' VerJÚD, aDd the said Z'oem or biD slUùl be maint.a!néd in a slIlIite.ry conc11tiOD at all t.bes. '1'I1ê1:8 shall be no pick up of c:utons, wooden or fibJ:'e containœ's, except uDdeZ' the provis1olls of section 2 4bove aDd then only If each container 18 not more than 11.3. cubic metres or not \llQZ'e than 11 kg'. 3.12 No person shall place highly eombustible mterial in a garbage container for pick up 't:1y the fow¡¡ in accordallce wi!:h thill lIY-law, either in II sepaxated form or combined with atbe>: dlspoaaÞle saltd "1I1Ite II&terials. 3.1Q 3.11 3 .13 11'0 person shall place aahes in a qa¡;baqe container for pick up by the TOWII in accœdanc:e with this I!y~l.w, either in a sepox.teå f= or collbi:oed with other disposable solid waste I114terie.ls. ],14 No person shell pick ovæ, interfere with, disturb, r8lllDVe OZ' scatter any disposable solid waste l1IiI1:e1:ials or any contei:oer therefore, placed tor removal in aCCll1:daDce with tbis By-law, whether tile same is c:ontaiDed in a garbege conteiner or otllsrwise, unless the person is a representative of the!O\ID 4ut.ho>:izec1 for garbllge callec~ion, or .. person authod.zed. Þy the owner or oconp1er to rlllllOYe the glU'Þeqe of the said owner or ooc:up.ier. 3.15 XCI person sllAll remove e bag tag trOll a bag of refl1se . beloll!J1IIg to another. 3.1S 110 person ebUl copy, cOllllterfe.l.t or in any o!:ber way attempt to replicate ths 'toV11 of J(.I.ncard.i.ne Þag tag, 3 _11 Every person shall place wast. for disposal CIA!:be road allOW/Ulce di.rectly adjacent to their own PZ'CP8rtY, 3.16 11'0 person Allall knmll1l1Y spill, sce~tsr, deposit, threw, caa~, lay or cause to be tbrown any waete on any street. lane, alley, laneway, public or private way, or in 8lIY public square, place or private lot. vta1ftGDIBlftJOPDATImt OJ! IftŒ Din M1\!(AQ1ZV12M'P SIT.! 4.1 The rawn Sll411 provide end desigJICI.te sueIL areas within tile weste I'MUIllqelÞllt dte as it de_ neoessary and app~riate for the deposi~iOl1, teIIporary storag.., hA>u4' '''9' aDd processinq of 411 waates regulated UDder thiS 't:1y-la", ...2 All disposable solid vute collected by tile Vtll:ks department or by any citizen 01' pZ'.1vate contractors "itIWI the IJ.m1te Of tile TawIl elut.U be deposited at the Site. Recyclable material frOlll tile "BL17B B01" aDd "cardboluxl PJ:cgZ'u", will be acoepeed only at the facilities provided for the collection of these materials. ../7 Page 7 4, 3 ~ S1t:e shall be under the supervision of the øanager of puÞl1c: 'WOrks or other authorized ~own official. An adequal:e RaU 8hall be ..a1n~lDed by the _ger of puÞl1c warts to supervise the duzpiJlg of disposable solid waste IUIC\ to CaveJ: the sue ..1 th earth follow1ng the sanitary fill method of disposal. 4.4 HO person ehall place distlO8able 8011<1 waste at the Site as specified on Schedole "A" IItte.c:hed to this By-b... except durinq the houl:s of operation. ..5 IIø perllOll sball deposit disposable soUd waste at tha site c01li.ng trOll a source located out5ide the Town of Xincardine. 4.6 All' waste deltVere4 to the Site ae autl101:izecl by the Dpê!:at1rig authority shall be placed in the Slte 118 follOYl!: DlspoMble solie! waste in the deaiguated fill area 01: bin; Wooden proc1ucts in the uea designated for woodJ Hste.l prodt¡ets in the desiqnatsd scrap metal .r....; !rire products in the desiÇ ll4ted tire area; Px'opane .nd other cOJapressed gas COIIta1nere in the clee1;1lated area; lUte prodUats in the deeiqDa\:ed auto area; CoIIQ.)Ostable II1iIterials in the coçost1nq area: Household hazardous wastes in the 1IoUlllebold hazardous waste uea: CaJ:dbo.!lrd in the area for œ.rdbou'd. Ashes in the area for ashas. 1 ~ I I r . A) b) c) d) e) f) q) h) . i) j) ~., ~D~l~.Rd vêbi~1.. Ifo persoll shall fIIIter t/1e lIite hauliug disposable solid waste .in a truck or trailer unless the load is. campletely enclosed. or equipped ..ith II wi\::4ble covering or otherwise secured. to preVea1; any of the load from leaVÏDq the vehiCle prior to dumping 1D the permitted area. .4.8 OnAnt:bð%'itzatl PArøans DIe puson sIIa1l enter the 8i te for arsy purpose other than depositing diepoaable so11d waste in peøú.tteð. lIrœs Y1t11out tile prior approval of the operatinq authority. ".. nith'W\eJIIl I'M IchMnlA 4,,10 . I'ee. tor ths disposal of wste at the site shall be as established in the Town' 8 consolidated fee by-la.,. .otice of sucll fees and any changes thereto $hAll be published bY the '!own .in an ~oprute _er, and sh411 be .pplicable to all perSOIlS aut:borized to use the site. Hourfl !Of ODAra't.iðD JlO person sIIa11 <iepoeit refuse, garbage, ttltde and ill.<l.ust:ie1 Rate and building II1IIterials in the Site other than 011 thqsa days and dnrbg those tiMs .!IS JlJAY be established by the '1'o1m frOll time to t:ime, Notice of sucII dates and times elld any c~ thereto shllll be published þY the TOIfn in all appropnatQ l1IIIDIIer. ../8 . . . . ,.. paqe 8 GBIIII!RAL PRovtSIONS 5 .1 8IIIPloyees of the works departliellt eo<¡agec:1 in qubage collection shall be provided with SlUtaI>le tools and aball gather up and relllOve 3:4Y of the cOD1:ent.. of the receptacles mch.Y be spilled iD baDdlinq. '1'he said !I.1II¡¡layees shall replace th8ll\ as "....dy liS pcesible in the S~ location ill lIhich they were placed by occup1ers anð.(oJ: OWIIers of prem1ses tor pick~up purposes. 5.2 111 oases where the occupi.er and/or owner of uy premises is phyaically incapacitated to sucb an 8IXtaIIt that the occupie:r: and/or owner is unable to comply with the regula.tions, special arrang8lleD.1:s _1 be lMCie nth the 1IIImIIqeJ: of public works. 5.3 . 1'01: the P.'ttPDlSes of this By~law, th8 definitions and inte~retaUons given in t:hia By-law .11 gllVexn. In this By-laW I . shall- is llUde.tOJ:y ¡ tIœàs in the s!nqnlar inclucle the pluJ:al; IICrcls in tne plural iIIclude the siDgUler; words used in the lllascullie qeuder include the tBlll1nine iUld vice vens. 5.4 This By-law shall be enforced by IIDfoJ:cing offiaérs es defined beJ:ein. FOI: the purposes of enforci1lq the provisions of this By-law, el1foJ:cing Cltticers my inspeC1: gadllllJe placed on public PJ:DPert1'. S.S !'IeJ:y person Who contraVIIDElS any provisions of t:hU by-lev 1s guilty of all offence and is subj set to the pSllalUes au; prllScribed in tbe p>:ovillcial Offeaces Act, a.B.O. 1990, CÞaptex P.33. 5,6 ay-law IlUI1Iber 1992-31 passed on the 4th day of June, 1992, be uc!. the same is h..:eby repealed. 5.1 'tbis' by-law . shall COllIe into' fUll tarce and effect upon its final paesaqe. 5.8 'l'his by-law II1&Y be cited as the "Waste Mana.gea¡G't By-law· . U&D a I'DIST and SBCOlU) tills this 8Ú1 day of April, 1993. U&D a '1'BIRD time anc!. 11XHi\I.Lr PUSIID this 22J¡c! day of April, 1993. ~~------:/:'~,.7) . ---.. , . ", .... . . . . ,< .J THE CORPOAA TION OF THE TOWN Of KINCAROINE - AMENCEDIÆÆAI:eDS't 8'MWNO dfl-." rws:n -¡';.J.,ÞU#ft" 19. ,9if' BY-LAW B'f-LAII' IKI. 1993-25 A BY-LAW ro AIIBIID TIIR IIU'lI' ...~ B1'-LM' rœt 1'IIB !romr 0.. xnrcr.RDIIIB, AID '1'0 1IKIIID 8CIIBDIJLB "A" or TIll 'l'OD'S CCIISOLIDA!I'ED DI BY-La1 ............ By-LIIw 110. 1993-20 was passed 011 tile 2311d day of Apdl 1993, to eetAblish ~ulea and regulatiOlls :for waste IIIiUIAge1I8Dt; IBD ...-RU By-Law Ira. 1993-24 was also passed oa the 22nd. dllY of .11 1993, ill order to raplllcII Schedule "A" of By-Law 110. 1993-7 to 1Dcluda t!UI fee. for beg tags; IBD ~-_..~" the Council for tile corporation of the TOWII of KiIlcarc1ills cle811S it expedilll1t to UI8IId. tho waste III&\lIagement By-Law alld the consolidated fee by-law, ScI18dule 'A', in order to clearly establiah the l18li4 for bag tags on eolid disposable vasts, privately takeJI to the l&Ddfill Bite; JIOII mJiIIIII'OU. the COIIDc11 for The corporatiOll of the TOW of ltlllce.rdine 1!IIIC'ftI as follow.: 1. That Sectiou 4 of By-Law 1993-20 be amended to include the followillq c1allSes: ..5 NO person shall place diepoaable solid wast. at the site UDle.s such waste is packBqed in accordance wi th the proviaiOllS of this by-law and II bag tag propedy affixed. 4.6 "ute of sufficient size, wllmot or weight that would l14ke it ulIsU1taÞle for its disposal in garbage baqe or containers, shall be placed 1D the appropriate area of of the site and lIeed lICIt lave II bag tsq afUxec1. III such caSls the tippiaq fees established in the '1'own' s COII8Olidated Pee By-LaW sball be applied to Mob 1044. ..7 CoIIIIerc1&l COJIpðCtors utilidl\t¡ the ..ite, will be charged the cubic yard nte eetabliahed by the TOWII's cODSOl1datad fee by-lav. Tbat Scbedule "A", Section G. 1tell 1, of By-Law 1993-2~, be amended to 1IIcludo the following: '(bagged disPosable solid waste lball bave a bag Þa!I tag affixed)" 2. ../2 . . . , , !Ve:y person who eontravenes any provisions of this by-law is guilty of an offence and is suI:Iject to the penaltiee ae preseribed in the Provincial Offences Act, R.S.O. 1990, Chapter P.33. This Þy-law shall shall be deemed to COlle into full force am! effect, retroactively, upon the first day of Kay, 19U, s, '!his by-law IlAY be cited as the ·waste 1WIag8lll8llt and coaaol1d4ted gee, Amendment By-LaW". RBIID " rI1!ft, SBaHID anti TIIIBD time and FIDLLY PASSED this 6th day of Hay, 1993. 3. 4. .···:·:·~èø .. -~ ~_.-.__.... I I . - , THE CORPORATION OF THE TOWN Of KI~OINE BY-LAW BY-UIIf 110. .19U-1I . A &Y-L&1I' ~ MIQD TIIB 1IlIS'fB ~ BY-LAW 8'011. DB 'f01i1II OI!'~TWR ..--_... By-LaW No. 1993-30 was passed on tile 33114 day O~ ~il 1993, to establish rules anc1 requlatiolls for _ts lQaDagemellt; AJß) --II By~L&w 11:0. 1993-25 VIlli pallsed on the 6th dAy of Kay un, to 8111eDd tlls 1'I11ee CUll! l'8guJ.a.tiCns for waste lIUB9-t¡ AIID ~.. the council for '1'IIe corpa%ation of the _ of ltineudine de_ it sxpec!1en~ to aqa1n IlmêIIII the n.øte lIIIUI&9-t By-La"; BOW DIIRII'01IB tI1ê COuncil for 'rile corporaUolI of tI1ê 'rOW of ltincerdille IIIIIIC'lS lIS tallows: . . 1. ThAt Section 1 ot'B¥-IAV'19U-20 be "-""''''1 to include the following clause:. '. . 1.25 Penon shall IIIe«D and include one or IIIQre persons, ccn:poratiollS. partllerllh1ps, "sBociationll or other legal entity. 2. ThAt clause 3.2 b) of By-Law U93-20, 'be IUIIeDded to read: CaDHrc1al premises - few.- times a week bet1nten the boun of a:oo a... - 10: a.m. 'rUesday to rr!,day ]. '1'IHI.t Section "of By-La" 199]-20 be "-911 to include the follOllillg clausee: b) 4.14 4.13 Woste CODt"I'.Iill'.J ch10r0flaw:acarboDs, (crc's) hydrOt:blorotlauroc:e.rbolls, (IIcrC's) and hýdrotlourocerbans (DC's) IIballllOt be dtlpOBited at the site. Storage collta.i.ners with lalJels 1nd1catillg tllat it cout:ains OJ: did OOIItaLn a fiourocubolls ufdqerant shall IIot be accepted for dispoøal at the. site. t 4.15 'rile 'rDWD ,,111 gnly accep~ for· d..i.sposal, refrigeration equipment that displays a tag or notice si.q¡¡ed by a certified persall that it is E!II\Pty of fl0ur0carboD refrigerants. ..I" , 4.. 'l'IIa'l: Clause "'. 7 read as follows; 4.7 COIIIIIe::a1al COJ1IP4cton l11:1liziDg' the site, shall be chal:'qed a rate besecl OJ! nigbt CIS established by the Town's collsolidated fee by-14". of By-Law 1993-25 bEl lIIIIended to · IIV'e¡oy perSOD who contraveuss any provisions of this !:Iy-lllV is guU'Cy of "11 cUenca "lid is subj ect to the pud1:1es '1.11 prescribed ill the Provillcial OffellCee Act, a,8.0. 1990, Cbapter P.~3. 6. 'lI1is by-law ahall shall be deeœcl to ccue 1Ù1:0 full force and effect. upoll the first clAy of JIUI\IUY, 199.. 7. 'l'h1ø by-law I14Y be cited liS the "Wasts ØlulaqsmeDt AUllcllMmt By-Law·, '. R&ID a JIlIS'!, ilJ!CI:IIII and THIlID tiIIe and rmr.LY PASSim this 16th day of DeceMbar, 1993. 5, ~ ~- .~ ß~~ erk · · . . , , I < .................w TIIECOIII'ORA 110M OF THE TOWN OF KINCARDINE - , . '. . BY-LAW BY-LAW NO. 1998-114 À ør-LAW 'lOAMI1'ID 1m: WASTEKANAGDO:IfIBY-LAW POJP. TIŒ 'lOWI'I 01' Imi'CA1UIII'IE. . wm7.R"U By-Law No. 1~-20 WIll pused 0II1IIe rr' era, of Aprill!J93, to estabJieb rules lII4øøulalbw1br_~ . . AND WJIII'IIJ1AS By-law No. 1993~ wu passed em !he ~ da7 of May, 199J to oIcady _.Io ¡"" the need 1br has lip on IOlid d.PQtþhl. WIlle, priwœlyle1œn 10 tho 1md.SIJ; AN]) W£n'Dv"S 1110 COIIIICÜ AIr die c...~ of tho Town of ~ _ deama it -.y to roauJIIII wute, &am retidoIIIiaI ..... .... 10 Iho IIIDIIØIJ in ~"" . . . .. . . NOW 'lIIIRUOBE 1100 CouaciI for no eo.porllioa of 1118 T_ of ~1IœI1IiDe J:NACTS u fbIIøwI: I,Q That SocIioø.4.0 af~ 1993-25, is hInby rescinded &lid repIaœd with tile ibIIowIug: 4.5 No penau IIIalI pllCe dispOsable eoIid _ . tile lite Pllleas ¡uçh _ ÌI ~ Ia IIOCOII!IIu:e with !be pIOYåioœ of this by-law IIII! . lllllllic:lplll has III IfJbœd. 4.6 JadIIariIJ, C -Tal UII!Jar T......"'œ.l_ of -";0lIl sizt, . . volume 1W1¥IiP ..IabIe for c1ispallll m pd>Iae bop Ol.-.qp~ shûI be plaœd iDlIIe ~ ..... atthe IIIIdfiU aaclJIDCd IIØI hIvt. hI8 tag af&xed. III _ _!he Iippiaa &a -.hllcIwI in !he Town'. C0øa01idatal Fee B)--Law sIIaIl be I Ip1Ied 111 eldlløad. 4.1 Mixed load, fram_cial-hluler~ 00IItaIIIiøg retiIIonti,r ~omestlc prbaae, ..w 110 pmhIbiIed liaaa tile IadftIL 4.8 ~I eoII!I'acIIQ IbIII be chqed buod 011 !he weIgbt ofdle load; II>CII ~ III'C _oI.G...... Úl1he Towa'. ('_........ Pee Ameadmeal By-Law. 4.9 Tbc prgpeI1ieI IZ :zoo HaIbcu su.. IaIInnI u CotIriII BuboIII' C¡md"",;.""'I'Ç IIId, die properdes at 385 I.IuJbIoa S1Ret, ~ u Forbes LImbtœ Ccurt, tbaII be eqmpI tom the p&'OVÍIÌIIIS """"'¡..... In 1eCIÌOII4.? otlhis by-law. - a < . 2.0 3,0 4.0 ,. , '. ..,... No. 199&-04 EWI)/ penaå who 00IIII..- III)' pIDVÍI!011i cf Ibis by.law is gaiby Iii 1111 oðilu:e 8IId UPOll COII\'ÍGtÍOII. 8IIaII lie ..bjcct III the pcnaItiaa .. praczi1!ed In !be ProvIncial OŒeaces Aa,U.O.l99O, 0apIer P.33. IIIiI by-law abaIl_ ÍII A' fidl ftIn:e l1l4I eifeG! II IOI1j S fiDaI puuae. '11IiIlIy-law may" ci1I:d u!he "Wille 1II''';''tI'I Amm1dmOIIII99B. By1øv". BAD aJIRST SlId SICONDIhu1biJ I~ dayoCl.-, 1998. lmAD!Po ~ ~ IIIIII'INALLY PASSED tbia 19"' day cfFebnwy 1998. iJJ.-¡(. ~ . Mayer ,. ?c.:::..t""a~lU ~ ~"- . Coøsolidated :fee (ReCl'taUOßIU UIafps) AmeaCUDCa!, By-w.w I'" A.r__byIl)'-ÚDl1No.I999-4IJ,S9,75,146 SMnmULE "A" Pace 3 , C. Kincardine Cemeterv Rat.. (oIus C.S.T.! (e.nt'c!) M.nnment Mainte""nce Rates R..ateaavers and Non-Ratenavers ~ . 1) Flat mwers over 173 square iIIcbes 2) Upri¡bt marlœr 4 feet or 1ess in bÞigbt and 4 feet or less in length. inc1udiDg the base 3) Uprigbt marlœr more than 4 feet in either height or length. including the base 4) Storage 5) DisÌDtel:ment and reintermeat S 50.00 S 100.00 S 200.00 S 40.00 $ 1,200.00 Plus any other costs D. CODDausrht Park Tournament Fees (Dlus G.S. T. \ I. Payable by an groups wishing to hold a ball toumament at COIIII8Ugbt Park, with the exception of those groups wbich pay an annual user fee to the Town of Kincardine. Evenings S SO.OO Full Day S 100.00 E. Parkland chal'l!OS 1. Land proposed for development or tedevelopment for 2% ofvalue commercial or industria1 purposes of the land Maximom SSOO 2. Land proposed for developIIIOIrt in other cases 5'1. ofva1oe of the land Maximom $Soo . F, Fire DeoartlDent Fees (no G.s.T.) Wood Stove iDsuImce Inspec:ticm S 2S.00 Letters to lawyer/Insunnc: Companies S 2S.00 Air cylinder refills S 6.00 Fire hose ~ (one length) $ 20.00lclay Copy of tïœ report S 40.00 M...han;c~ Iàlse a1arms $ 300.00 Iper truc1c G, Landftll Site Fe.. (DO G.s,T.) Ward 1#1 Weitzb Scale S'fStem DomMlic (i.e. Hous,.hnJd Garbae) 1. One bag of garbage without tag $ 2.00 2. Trailer. pickup truck, car $ 10.00 I.C.L CJndustria1. Cnm........,¡.1 Institutional) 3. One bag of garbage without tag $ 2.00 4. Refuse byweigbt $ So.oOlton Wards 111. & 3 Cubic Metre SYStem Doml!l!mic (Leo J:f"'....nnld Garbue) 1. ane bag of garbage without tag $ 2.00 2. Trailer. pickup truck, car S 10.00 3. ane cubic metre of garbage $ 8.00 I.C.t {Industrial. "'.nmm~:II1 T"cfttntinn.n 3. ODe bag of garbage without tag $ 2.00 4. One <:ubic metre of garbage $ 8.00 - Wards 1,2 &3 1. Car and!igb.t truc1c tires 1... than 16" S 3.00 2. Car and light truc1c tires less than 16" w!Ih rim $ S.OO 3. Large tires over 16" S IS.00 4. Tractor tires per unit S 2S.00 S. Appliances &: C.F.C. removal $ Free 6. Cardboard &: recyclable O'at"";.I. $ Free 7, Compost, brush and yard waste $ Free