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HomeMy WebLinkAboutBy-law 3308/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3308 /89 Being a by-law to authorize the execution of an Agreement with Browning-Ferris Industries Ltd. for refuse collection (November 1, 1989 to October 31, 1994). WHEREAS, pursuant to the provisions of section 210.83 of the Municipal Act, R.S.O. 1980, c.302, the council of a local municipality may pass a by-law for, inter alia, contracting with any person for the collection, removal and disposal of garbage and other refuse upon such terms and conditions as may be considered expedient; · NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule 1, between The Corporation of the Town of Picketing and BFI for refuse collection from November 1, 1989 to October 31, 1994 (T-20-89). BY-LAW read a first, second and third time and finally passed this 20th day of November, 1989. Wayne Ar~urs, Mayor f Bru%e Taylor, Clerk THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3308 /89 Being a by-law to authorize the execution of an Agreement with Browning-Ferris Industries Ltd. for refuse collection (November l, 1989 to October 31, 1994). WHEREAS, pursuant to the provisions of section 210.83 of the Municipal Act, R.S.O. 1980, c.302, the council of a local municipality may pass a by-law for, inter alia, contracting with any person for the collection, removal and disposal of garbage and other refuse upon such terms and conditions as may be considered expedient; NOW THEREFORE, the Council of The Corporation of the Town of Pickering tlEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule 1, between The Corporation of the Town of Pickering and BFI for refuse collection from November 1, 1989 to October 31, 1994 (T-20-89). BY-LAW read a first, second and third time and finally passed this 20th day of November, 1989. Wayne Ar!2~urs, Mayor /~ru'~e Taylor, Clerk( TOWN OF PICK _r',~NO This Agreement dated September 25, 1989. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town", OF THE FIRST PART, - and - BROWNING-FERRIS INDUSTRIES LTD. herein called the "Company~ OF THE SECOND PART. WHEREAS the Company has submitted a tender to the Town to perform all work, provide all labour, equipment, machinery and materials that may be necessary for the performance of garbage collection services within the Town of Picketing as hereinafter described and identified by the parties; and WHEREAS the Town has accepted the tender of the Company for the performance of garbage collection services within the Town of Pickering in accordance with the provisions hereinafter set out; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of $1.00 now paid by the Company to the Town, the receipt of which by each is hereby acknowledged, and other good and valuable consideration, and the covenants herein contained, the Town and the Company agree as follows: 1. The Company shall perform all work, supply all labour, machinery, equipment, and material, and do all things necessary for the performance of garbage col- lection services within the Town, in accordance with the provisions of Schedules A, B and C attached hereto and forming part of this Agreement. 2. The Company shall conform to all the terms of this Agreement, and any in- structions relevant thereto that may be issued by the Town's Director of Public Works during the term of this Agreement. 3. The work herein described shall be performed by the Company with all due diligence and without interruption during the term hereof, namely, from Novem- ber l, 1989 to October 31, 1994. 4. The Town in consideration of the satisfactory performance by the Company of the covenants herein contained hereby agrees to pay to the Company during the term of this Agreement the sums upon the times and in the amounts as set out in Schedule B attached hereto, and forming part of this Agreement. IN WITNESS WHEREOF, the Town and the Company have hereunto affixed their corpo- rate seals, attested by the hands of their authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Ar~tfurs, Mayor Bruce Taylor, Clerk BROWNING-FERRIS INDUSTRIES LTD. Schedule A 1. The collection and removal of garbage and other refuse within the limits of the Garbage Area of the Town pursuant to By-law 385/76 and amendments thereto, and the deposit of same upon the direction by the Town, at a Metropolitan Toronto Landfill site or at such other location as may be designated therefor by the Director of Public Works shall be in accordance with the general conditions for garbage collection as detailed in Part 1 of this Schedule. 2. Should any points of dispute arise between the Parties hereto as to the intent or the interpretation of any portion of this Agreement, or any of the contract documents associated therewith, the Director of Public Works of the Town shall be the sole arbitrator in the settlement of any such points of dispute. 3. The Company will be required to pick up the garbage and other refuse from the curb side adjacent to the home or business premises, including during periods of disruption of the road allowance such as during road construction, or from storage buildings and internal private lanes where directed by the Director of Public Works. 4. The Company, at its own expense, shall maintain, repair and pay all operating costs of the equipment used in association with the collection of garbage. 5. The Company shall at all times fully maintain and operate an acceptable number of units to perform the collection service to he provided and additionally the Company must have available a reserve unit for the purpose of ensuring the adequate performance of this Contract. The Town shall have the right to cause the Company at any time after the commencement of the Contract operations to increase or decrease the number of garbage collection units to such numbers as may be determined by the Town to ensure the adequate performance of this Contract. The units to be used for the performance of the services must at all times be of a type and capacity approved by the Director of Public Works. 6. All equipment used by the Company must be kept clean at all times. The Company shall not display any advertising matter whatsoever on any of the garbage collection units operated under the provisions of the Contract, except such markings as the Town may require to identify the units as being operated as garbage collection units on behalf of the Town. 7. The Company must ensure all employees are wearing all safety equipment required by law including but not limited to footwear, vests and gloves, while engaged upon the garbage collection services and the Company shall ensure that all employees maintain such apparel at all times while so engaged in a high degree of cleanliness and comply in all respects with the requirements of the Occupational Health and Safety Act. 8. The Company shall maintain a local office and telephone for the local telephone area of all Garbage Area residents during the term of this Contract and such office shall be staffed by company personnel between the hours of 6:00 a.m. and 10:00 p.m. on all garbage collection days. Complaints respecting the gar- bage collection services will be received and processed by the Company without undue delay as outlined in the Information to Bidders. 9. The Company shall have on duty on all collection days a qualified supervisor so as to ensure adequate, courteous, speedy and efficient service. The supervi- sor shall maintain daily supervision of street crews by an effective two-way communications system and a cellular telephone in his own vehicle to ensure continuous communication with the Public Works Department. He shall report to the Town office on any delay or other complications with the daily collection process and advise as to actions that are being taken to resolve such matters. 10. When a holiday causes the loss of a working day, the Company shall complete the service that normally would have been completed on that day on such other day or days as may be mutually agreed and to coincide with the days of opera- tion of the disposal site. Holiday schedules must be determined at least 30 days in advance and the Company will notify all affected residents by a means acceptable to the Town. - 2 - Schedule A Cont'd) 11. All permanent changes in the collection schedule shall be approved by the Director of Public Works in writing before becoming effective and the Company shall be responsible for and bear the cost of advising those persons affected by such change by notice delivered prior to such change. 12. All garbage picked up must be deposited at the disposal site during its normal hours of operation, 13. The Town provides the residents of the Garbage Area the opportunity to dis- pose of larger articles on regular collection days. Certain articles may not be accepted at the landfill in which case the contractor shall arrange satisfactory alternative means of disposal. The Company shall not refuse to collect or dispose of any collectible garbage because of size or volume without first advis- ing the Town's Director of Public Works. 14. The Company shall ensure that all liquid spills from its collection vehicles are properly cleaned to the satisfaction of the Director of Public Works. Any surfaces damaged by such spills shall be restored to original condition without undue delay. Schedule A (Cont'd) PART 1 1. WORK AND SERVICES The work required to be done by the Contractor under this Contract comprising the collection of garbage within the limits of the Garbage Area and in accor- dance with the Garbage Collection By-law of the Town and amendments thereto, and the disposing of same at the Metropolitan Toronto Landfill Site or such other location as may be designated therefor by the Director of Public Works shall be performed by the Company in accordance with the specifications, instructions and regulations included in this Agreement, The Company will be required to provide at its 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. 2. COMPANY'S LIABILITY The Company shall assume the defence of, and indemnify and save harmless the Town and its officers and agents from all claims relating to labour, materials and equipment furnished for the work, and to inventions, patents, or patent rights used in doing the work. The Company shall be responsible for any and all damages, or claims for dam- ages, or injuries, or accidents done to, or caused by it, or its employees, or relating from the prosecution of the work, or any of its operations, or caused by reason of the existence or location or condition of any materials, plant or machinery, used thereon or therein, or which may happen by reason thereof, or arising from any failure, neglect or omission on its part, or on the part of any of its employees, to do, or perform any, or all of the several acts, or things required to be done by it, or them, under and by these conditions and covenants, and agrees to hold the Town harmless and indemnified from all such damages and claims for damages. 3. SURETY AND BOND The Company will provide a performance bond issued by a Guarantee Company approved by the Town authorized by law to carry on business in Canada in the amount of $600,000.00 for the term of the contract and in a form approved by the Town to ensure the complete execution and fulfillment of all the terms of this Agreement by the Company as same pertains to the garbage collection services and all other terms and conditions of this agreement. The cost of obtaining, providing and maintaining the bond shall be borne by the Company. The bond may be renewable annually provided that such bond provides that notice of renewal or failure to renew shall be given to the Town by the bonding company at least 30 days prior to its expiry. Failure to provide notice of renewal of the bond or suitable alternate bonding by that date shall be con- sidered a default under this contract. 4. INSURANCE Prior to the commencement of work, the Company shall obtain insurance in the amount of $5,000,000.00 from any insurance company authorized to carry on business in Canada to cover any liability or property damage arising out of this contract. Such insurance policy shall name the Town as a co-insured and be approved by the Town. - 4- Schedule A (Cont'd) 5. WORKERS' COMPENSATION The Company shall at all times pay, or cause to be paid, any assessment or compensation required to be paid pursuant to the Workers' Compensation Act, and upon failure to do so, the Town may pay such assessment or compensation to the Workers' Compensation Board, and shall deduct or collect such expenses pursuant to the provisions of Section $ of these conditions. The Company shall, at the time of entering into the contract with the Town, and yearly thereafter, and at such other times as may be required by the Town, provide a Certificate of Good Standing from the Workers~ Compensation Board proving that all assessments or compensation have been paid. 6. ASSIGNMENT AND SUBCONTRACTING The Company shall not assign the Contract or any part thereof or any benefit or interest therein or thereunder without the written consent of the Director of Public Works. The Company shall be fully responsible to the Town for the acts and omissions of its sub-contractors and of persons indirectly employed by it. 7. PAYMENTS The Company is entitled to receive monthly payment at the rate of 100% of the work actually done, less all stipulated forfeitures and deductions. Before making any payment for work performed hereunder, the Town may require the Company to satisfy the Town that all claims against the company for labour, materials, or things hired, or supplied, upon or for the works, have been paid or satisfied, or if any such claims are found to exist may pay such sums and the Company shall repay the same within two days or the Town may, at its option withhold from the payment due sufficient amounts to satisfy the same. 8. MONIES DUE TO THE TOWN All monies payable to the Town by the Company under any stipulation herein may be retained out of any monies due or which may become due from the Town to the Company hereunder or may be recovered from the Company or its surety in any court of competent jurisdiction, as a debt due to the Town; and the Director of Public Works shall have full power to estimate such sum even though the amount of such sum to be so retained may be unascertained. 9. LIENS The Company shall fully indemnify the Town and all its officers, servants and employees from any and all liability or expenses by way of legal costs or other- wise in respect to any claim which may be made for lien or charge at law or in equity or to any claim or liability under the Construction Lien Act or to any attachment or debt, garnishee process or otherwise. The Town shall not in any case be liable to any greater extent than the amount owing by it to the Compa- ny. 10. UNSATISFACTORY EMPLOYEES Should any overseer, mechanic, driver or worker employed on or about the work, or in connection therewith, create any just cause for complaint, of which the Director of Public Works shall be the sole judge, the Director of Public Works shall notify the Company in writing, stating the reasons therefor, and the Company shall remove such person forthwith from the Town collection service. - 5 - Schedule A (Cont~d) 11. FORFEITURE OF CONTRACT If the Company neglects or compounds with its creditors to commit any act of insolvency, or shah transfer, assign, or sublet, or attempt to transfer, assign or sublet this contract, or any part thereof, without the consent of the Town, or if at any time the work or any part thereof is in the judgement of the Director of Public Works not executed, or not being executed in a sound and 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 judge- ment of the Director of Public Works, or to comply with any reasonable order it may receive from the Director of Public Works, or if the Company shall persist in any course in violation of the provisions of this contract, then in each and every such case, after 24 hours written notice from the Director of Public Works to the Company, the Director of Public Works shall have the full right and power at his discretion, without process or action at ]aw, to take over the whole operation, or any part of parts thereof specified in the said notice, out of the hands of the Company, and the Company upon receiving notice to that effect shah give up every operation or the part or parts thereof specified in the notice, peaceably to the Director 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 Company. or may take such other steps as the Director of Public Works may consider necessary or advisable in order to secure the com- pletion of the contract to his satisfaction; and the Company and its surety in every case shall be liable for all damages, expenditures and extra expenditure, and for all additional costs of the work which may be incurred by reason there- of. All the powers of the Director o{ Public Works with respect to the deter- mination of the sum or sums or balance of money to be paid to or received from the said Company and otherwise in respect to the contract shall nevertheless continue in force. 12. LIQUIDATED DAMAGES Additionally upon the forfeiture of this contract by the Company as provided by paragraph ]1, above, the Company shall pay to the Town the sum of $100,000.00 as liquidated damages for the Company's failure to comply with all the terms and conditions of this contract, which sum is hereby established by the Company and the Town as a genuine pre-estimate of such liquidated dam- ages. 13. OTHER RIGHTS The Company, its agents and all workmen and persons employed by it or under its control, shall use due care that no person is injured, and that no property is damaged in the prosecution of the work; the Company shall be solely respon- sible for ali damages to persons or property including theft, whether or not the property is owned by the Town or any of its employees. 14. BRIBERY OR CORRUPT PRACTICE Should the Company or any of its agents give, or offer, any gratuity to, or attempt to bribe, any member of the Town Council, Officer or Servant of the Town, the Town shall be at liberty to cancel the contract forthwith, or direct the Director of Public Works to take the whole or any part of the works out of the hands of the Company, under the same provisions of those specified in paragraph 11 hereof. -6- Schedule A (Cont'd) PART 1 (Cont'd) 15. NOTICE TO COMPANY Any notice or communication to the Company shall be deemed to be well and sufficiently given and served if handed to the Company at, 1 McKnight Road Cour rice, Ontario or if posted or sent to the Company at, P.O. Box 2398 Oshawa, Ontario L1H 7V6 or to its usual place of business, or if posted to, or ]eft at its last known address, and any papers so left, sent or addressed, shall be considered to be and to have been legally served upon the Company. In any written or printed notice to the Company 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 any other matter, it shall not be obligatory upon the Director of Public Works to specify minutely or in detail, everything required, nor to specify by measurement the exact extent thereof, nor the precise spot or spots where the work or material may be defective or faulty, nor where any of the requirements of the specifications have not been observed; but a reference in such notice to the clause or clauses bearing upon the matter, and a description of the locality in general terms, and sufficiently clear, in the opinion of the Director of Public Works, to indicate where the trouble or defect exists, shall be deemed to be, and shall be ample notice. 16. DEFINITIONS Director of Public Works Director of Public Works means the person for the time being filling the office of Director of Public Works of the Town or any other person authorized by the Director of Public Works to act on his behalf. Contract Contract means this Agreement, all Schedules hereto and all securities, speci- fications, general conditions and other documents referred to, or connected with this agreement. Company Company or a pronoun in place thereof, means Browning-Ferris Industries Ltd. Town Town means The Corporation of the Town of Picketing 17. INTERPRETATION Whenever the words "authorized", "directed", "required", "requested", "ap- proved", "ordered", "sanctioned", and "unsatisfactory", occur in the Agreement and these General Conditions, unless some other meaning is obvious from the context, they shah mean respectively, authorized, directed, required, request- ed, approved, ordered, or sanctioned by, or unsatisfactory to the Director of Public Works. The words "shall", "may", "herein", "person", "writing", or "written", "sure- ty'' and "security", and words in the singular number or the masculine gender shall have the meaning and effect as given in the Interpretation Act of the Revised Statutes of Ontario. The word "Contractor" means and includes the word "Company", and vice versa. - 7 - SCHEDULE B 1. Payment by the Town to the Company will be made monthly following the date upon which the services have been performed, at the prices hereinafter set forth. 2. Payment for the work to be done under this Agreement will be made at the unit rate per household per month, and for greater particularly, the household figure to be used for computing the monthly payment to the Company during the term of the Agreement shall be the households of the Town of Pickering's garbage area as established in accordance with the terms of this contract. 3. The Town shall pay to the Company for services rendered pursuant to the provisions of this Agreement: (a) The sum of $2.79 per household per month during the period of November 1st, 1989 to July 31, 1990. Payment will be processed on approximately the 15th day of the month following. Note: The per household payment in 3(a) will apply until July 31, 1990. The household figure will be adjusted August 1, 1990 and on every August 1st thereafter during the term hereof. (b) Annual Review - The per household payment will be reviewed for the first time in July 1990 to take effect from August 1, 1990 and subsequently, each year from August 1st. The adjusted rate shall be determined in accordance with the following formula: current rate x F - adjusted rate where F = 50% of (A) + 15% of (B) + 15% of (C) + 0.20 "(A)" being the average hourly earnings (manufacturing) for the City of Toronto in July of the current calendar year, divided by the same earn- ings in July of the preceding calendar year, "(B)" being the industry selling price index for trucks with gross weight of 19,501 lbs. to 26,000 lbs. for Canada in July of the current calendar year, divided by the same index in July of the preceding calendar year, and "(C)" being the automobile operation component of the consumer price index for the City of Toronto (adjusted to exclude prices of new automo- biles) in July of the current calendar year, divided by the same compo- nent (adjusted) in July of the preceding calendar year, and shall be rounded to the nearest cent. The object of this clause is to adjust the basic tender price annually dependant upon fluctuations in the cost of labour, of new trucks and of automobile op- erations in such a way as to increase or decrease the tender price proportional to 50% of the percentage increase or decrease in labour costs and 15% of the percentage increase or decrease in both truck costs and automobile operating costs (20% of the original tender price not being subject to variation). SCHEDULE C BY-LAW NUMBER 385/76 as amended Being a by-law to regulate the collection and removal by the Corporation of ashes, garbage and other refuse. 1. For the purpose of this by-law, the term, (a) "bundle" shall mean a securely tied parcel being not more than eighty centimeters (30 inches) in height, width, depth and diameter; (b) "collectible garbage" shall mean ashes, garbage and other refuse, save and except non-collectible garbage; (c) "day of collection" shall mean the day designated for the purpose of the collection and removal of collectible garbage in a designated area; (d) "designated areas" shall mean those areas within the Town of Picketing designated from time to time by by-law as areas in which the Corporation of the Town of Picketing shall regularly collect and remove collectible garbage; (e) "lot" shall mean a bundle of or receptacle containing collectible garbage; (f) "material" shall mean ashes, garbage and other refuse of any kind what- soever, and includes both collectible and non-collectible garbage; (g) "non-collectible garbage" shall mean, (i) swill or other organic matter not drained or wrapped; (ii) liquids; (iii) hay and straw; (iv) human and animal wastes; (v) industrial wastes, including packing material and cartons used in the transportation of goods to or from the premises; (vi) hot ashes and any other incendiary; (vii) sod, earth and stone; (viii) brick, building material or building rubbish; (ix) automotive parts; (x) tree stumps, trunks and branches; (h) "receptacle" shall mean, (i) a covered, water-tight container being not more than eighty centimeters (30 inches) in height and not more than fifty centime- ters (20 inches) in width or diameter and having a bottom surface not wider than the top opening; and (ii) a securely tied or sealed plastic bag. 2. No person shall sweep, throw, drop or place, or cause to be swept, thrown, dropped or placed any material onto any land, street, creek, roadway, walkway or other public property in the Town of Picketing except for collection as hereinafter provided. 3. No person shall permit any material to be swept, blown, thrown or dropped from premises occupied by him or from a vehicle owned or operated by him onto any lane, street, creek, roadway, walkway or other public property in the Town of Pickering. SCHEDULE C 4. No person shall keep on his premises or elsewhere a dump, receptacle or repos- itory for any material in such a condition or in such a location that the dump, receptacle or repository, as the case may be, or its contents, is a nuisance or emits foul or offensive odours or harbours or attracts rats, other vermin or insects. 5. In designated areas, the Corporation of the Town of Picketing shall collect and remove, or cause to be collected and removed, collectible garbage at regular intervals, subject to the provisions of this by-law. 6. (1) Collectible garbage shall be collected and removed pursuant to section 5 only if, (a) it is placed on the public property abutting the front yard of the premises, as close to the edge of the roadway as possible without obstructing the passage of vehicles, pedestrians, or both, on the public property; and (b) where practicable, it is divided into lots weighing not more than twenty-three kilograms each. (g) Notwithstanding the provisions of subsection (1), where the Corporation of the Town of Picketing has contracted for the collection and removal of collectible garbage by means other than by manual collection from a public roadway, such collection and removal shall be effected only if, (a) such garbage is placed in bins approved for the purpose by the Director of Public Works; (b) the approved bins are placed in location similarly approved. 7. (a) No person shall place any material for collection on any public property before 6:00 p.m. on the day immediately preceding the day of collection. (b) No person shall place any material for collection on any public property after 7:30 a.m. on the day of collection. 8. Every person who has placed any material for collection on any public property shall remove from that public property any receptacle and any material remain- ing for any reason on that public property before 8:00 p.m. on the day of collection, whether or not municipal garbage collection has occurred. 9. Owners and occupiers of premises containing three or more residential, commer- cial or industrial units, or a combination thereof, shah keep and store recepta- cles and bundles only in enclosed compartments or structures, the location specifications, and construction of which have been approved in advance by the Corporation of the Town of Picketing. 10. Except when specifically authorized by the Corporation of the Town of Picker- ing, (a) no garbage collection vehicle contracted, owned or leased by the Corpo- ration of the Town of Picketing or by any person, business or company for the benefit of the Town of Picketing shall enter upon any private property for the purpose of collecting or removing any material; and (b) no garbage handler employed by the Corporation of the Town of Picketing or any of its agents, representatives or contractors shall be required to enter into or upon any building or structure located on private property for the purpose of collecting or removing any material. 11. No pets.on shall offer or give to any municipal garbage handler, and no munici- pal garbage handler shall solicit, accept or receive any fee or gratuity, in addition to his wages, for garbage handling services rendered. SCHEDULE C 12. No person shall pick over, inter{ere with, disturb, remove or scatter any material placed out {or collection other than the person who so placed it, his agent or representative, or a garbage handler employed by the Corporation of the Town of Picketing or any o{ its agents, representatives or contractors. 13. The Council of the Corporation of the Town of Picketing may from time to time designate certain days for collection of specific types of material. 14. (1) The approval contemplated in section 9 hereof may be given on behalf of the Corporation of the Town of Picketing by the Town Manager or the Director of Public Works, or the authorized delegate of either of them. (2) The authorization contemplated in section 10 hereof may be given on behalf of the Corporation of the Town of Picketing by the Town Manager or the Director of Public Works, or the authorized delegate of either of them. 15. Every person who contravenes any of the provisions of sections 2, 3, 4, 7, 8, 9, 11 or 12 of this By-law is guilty of an offence and upon conviction thereof is liable to a fine of not more than $2,000, exclusive of costs. 16. The provisions of the by-law shall not relieve any person from compliance with any provision of the Health Protection and Promotion Act or regulation pre- scribed by the Medical Officer of Health.