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HomeMy WebLinkAboutBy-law 1886/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1886/84 Being a by-law to authorize the execution of an Agreement with Laidlaw Waste Systems Ltd. for refuse collection (September 1st, 1984 - June 30th, 1989) and for the sale of the six Town refuse collection vehicles WHEREAS, pursuant to the provisions of section 210.83 of the Municipal Act, R.S.O. 1980, chapter 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: The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule l, between the Corporation of the Town of Picketing and Laidlaw Waste Systems Ltd. for refuse collection from September 1st, 1984 to June 30th, 1989 and for the sale of the six Town refuse collection vehicles (T-16-84). BY-LAW read a first, second and third time and finally passed this 30th day of July, 1984. ' TOWN OF' PICKERING APPROVED |r,AS TO FORM, I, LEGAL DEPT. THIS AGREEMENT made July 30th, I984. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town", OF THE FIRST PART, - and - LAIDLAW WASTE SYSTEMS LTD. hereinafter call 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 Pickering 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 whereof is hereby acknowl- edged, and other good and valuable consideration, and the covenants herein con- tained, the Town and the Company agree as follows: 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. 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. The work herein described shall be performed by the Company with all due diligence and without interruption during the term hereof, namely, from Sep- tember 1st, 1984 to June 30th, 1989, both inclusive. 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 Parties have hereunto affixed their corporate seals, attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk LAIDLAW WASTE SYSTEMS LTD. - 2- Schedule A 6o Fo o 10. 11. 12. 13. 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 i of this Schedule. 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. 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. 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. The Company shall at all times fully maintain and operate an acceptable number of units to perform the collection service to be 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 ail times be of a type and capacity approved by the Director of Public Works. 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. The Company must provide all employees with distinctive work uniforms, includ- ing hard hats, safety footwear, safety 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 cleanli- ness and comply in all respects with the requirements of the Occupational Health and Safety Act. The Company shall maintain an office and telephone within 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 8:00 a.m, and 4:30 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. The Company shall have on duty on all collection days a qualified supervisor so as to ensure adequate, courteous, speedy and efficient service. All work to be performed under this Contract must be performed to the satis- faction of the Director of Public Works. Part 1 of this Schedule attached hereto and forming a part hereof, being the specifications for the performance of the Contract, will be subject to such additions, deletions, or amendments as the Director of Public works may deem necessary. The Company's vehicles shall be subject to the provisions of the Traffic By-laws of the Town and all other applicable legislation in force and effect from time to time. No collection shall be made on New Year's day and Christmas Day. Schedule A (Cont'd) 15. 16. 17. 18. 19. 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. 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. All garbage picked up must be deposited at the disposal site during its normal hours of operation. The collection of Christmas trees after the Christmas Holiday season shall be part of the Contract and shall take place during the month of January in each year during the term of this Contract. The trees will be picked up as part of the garbage on a regular collection day. The Town provides the residents of the Garbage Area the opportunity to dis- pose of larger articles and greater than normal volumes of refuse during a two week 'Clean up Period' in the month of May. The Contractor will be required to advertise the dates and ensure that sufficient extra collection units are in service. The Town provides the residents with the opportunity to dispose of large articles on a once-a-month basis by providing a special 'on-request' pick up. The Contractor will be required to continue this service and will comply with requests through his own office and those relayed through the Town. - 2 - 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 together with a Guarantee Company approved by the Town au- thorized by law to carry on business in Canada will be required to enter into a bond in the amount of $300,000.00 for the term of the contract and in a form approved by the Town to ensure the complete execution and fulfillment of ail 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 which surety bond shall be deposited with the Town Treasurer. The expense of preparing and executing 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 $2,000,000.00 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. 5. WORKMEN'S COMPENSATION The Company shall at all times pay, or cause to be paid, any assessment or compensation required to be paid pursuant to the Workman's Compensation Act, and upon failure to do so, the Town may pay such assessment or compensation to the Workmen~s Compensation Board, and shall deduct or collect such ex- penses pursuant to the provisions of Section 8 of these conditions. The - 3- Schedule A (Cont'd) PART 1 (Cont'd) 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 Workmen's Compensation Board proving that all assessments or compensation have been paid. 6. SUBLETTING 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 held as fully responsible to the Town for the acts and admissions of its sub-contractors and of persons indirectly employed by it as for the acts and admissions of persons directly 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 8. MONIES DUE TO THE TOWN All monies payable to the Town by the Company under any stipulation herein, or to the Workmen's Compensation Board, as provided hereunder, 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. LIENS The Company and its surety or themselves, their successors and assigns 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 otherwise 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 extend than the amount owing by it to the Company, its successors and assigns. 10. DISCHARGE OF EMPLOYEE Should any overseer, mechanic, driver or workman 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 and he shall not again be employed by the Company on any Town work without the consent in writing of the Director of Public Works. - 4 - Schedule A (Cont'd) PART 1 (Cont'd) 11. FORFEITURE OF CONTRACT If the Company neglects or compounds with its 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 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 law, 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 shall 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 of 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 11, above, the Company shall pay to the Town the sum of $50,000.00 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 Compa- ny and the Town as a genuine pre-estimate of such liquidated damages. 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 all 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. - 5- 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 or any of its clerks or agents or if posted or sent to 155 Ardelt Avenue, P.O. Box 10, Kitchener, Ontario N2G 3W9 or to its usual place of business, or if posted to, or left at its last known address, and any papers so left, sent or addressed, shall be con- sidered 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, not 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 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 Laidlaw Waste Systems Ltd. Town Town means The Corporation of the Town of Pickering 17. INTERPRETATION Whenever the words "authorized", "directed", "required", "requested", "ap- proved", '1ordered", "sanctioned", and "unsatisfactory", occur in the Agreement and these General Conditions, unless some other meaning is obvious from the context, they shall mean respectively, authorized, directed, required, request- ed, approved, ordered, or sanctioned by, or unsatisfactory to the Director of Public Works. The words "shall", nmayn, "herein", I~personn, nwriting~', 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 'rCompanyr', and vice versa. Schedule A (Cont'd) PART 2 Truck No. 812 813 814 815 816 817 GARBAGE PACKER VEHICLES Chassis Make/Year International-1975 International- 1976 Chevrolet-1979 International- 1980 International-1981 InternationaI- 1982 Packer Body Make Heil Hell Hell Shu-Pak Shu-Pak Shu-Pak Total Sale Price $ 4,500.00 $ 6,000.00 $ il,000.00 $ 34,500.00 $ 42,300.00 $ 49,500.00 $147,800.00 - 7- Schedule B 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. Payment for the work to be done under this Agreement will be made at the unit rate per capita per month, paid to the Company for the Agreement period, and for greater particularity, the population figure to be used for computing the monthly payment to the Company during the term of the Agreement, shall be the population of the Town of Picketing as established in accordance with the terms of this contract. The Town shall pay to the Company for services rendered pursuant to the provisions of this Agreement: (a) The sum of $0.73 per capita per month during the period of September 1st, 1984 to December 31, 1984. Payment will be processed on approxi- mately the 15th day of the month following. Note: The per capita payment in 3(a) will apply until December 31, 1984 but the population figure will be adjusted January 1, 1985. (b) Annual Review The per capita payment will be reviewed for the first time in January, 1985 to take effect from January 1, 1985 and subse- quently, each year from January 1st. This review will be based upon the following formula: Revised per capita price = Tender price x Factor (F) x 0o01. F is dependant upon three indices pertaining to the month of July prior to the review date and to be supplied by Statistics Canada, viz: Index (A): The average hourly earnings in manufacturing for the City of Toronto. Index (B): The industry selling price index for trucks with a gross vehicle weight of from 19,501 lbs. to 26,000 lbs. for Canada. Index (C): The automobile operation component of the consumer price index for the City of Toronto adjusted to exclude prices of new automobiles. (This adjusted series includes prices for gasoline, tires, license, insurance, lubrication, fender repairs, brake re-lining, motor oil muffler replacement and batteries. ) The per capita price will be calculated to the nearest third decimal of a dollar. The indices will be arithmetically converted to a common base (July 1984 = 100) and applied to made up a factor F as follows: F = 50% of Index (A) + 15% of Index (B) + 15% of Index (C) + 20, 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 both truck costs and automo- bile operating costs (20% of the original tender price not being subject to variation). Upon the execution of this Agreement, the Contractor shall pay to the Town the Total Sale Price set out in Part 2 of Schedule A of this Agreement in the sum of $147,800.00 in full and final payment for the vehicles listed. It is under- stood that the vehicles are sold on an ~As-Is~ basis with no warranty of any kind. The purchaser shall take possession of the vehicles upon release by the Town and payment of all applicable taxes, licence fees or other mandatory charges shall be assumed by him.