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HomeMy WebLinkAboutBy-law No. 2025-004 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-004 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND NORFOLK DISPOSAL FOR RESIDENTIAL WASTE MANAGEMENT COLLECTION SERVICES WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Norfolk Disposal for residential waste management collection services; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Chief Administrative Officer be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by- law between The Corporation of the Municipality of Bayham and Norfolk Disposal for residential waste management collection services; 2. AND THAT this by-law shall come into full force and effect as of July 1, 2023. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16t" DAY OF JANURAY, 2025. MAYOR CLERK AGREEMENT MUNICIPALITY OF BAYHAM Residential Waste Management Collection Services BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter "Municipality") OF THE FIRST PART - AND - NORFOLK DISPOSAL SERVICES LTD. (hereinafter "Contractor") OF THE SECOND PART RECITALS: WHEREAS the Contractor is the only available supplier of the services that meets the requirements of the Municipality of Bayham; AND WHEREAS the Council of the Municipality of Bayham, on April 6, 2023, deemed it appropriate to resolve to award a sole source contract for the provision of curbside collection services to the Contractor; AND WHEREAS the Municipality, pursuant to regulatory changes enacted pursuant to the Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c. 12, Sched. 1, is no longer responsible forthe collection of recyclables within the territorial boundaries of the Municipality; AND WHEREAS the parties wish to formalize and set down their agreement in writing; NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) now paid by each party to the other as well as the mutual covenants contained herein, the nature and extent of which consideration is acknowledged as sufficient and received, the Parties hereto agree as follows: 1. GENERAL 1.1. Purpose of Agreement This Agreement to provide the Municipality of Bayham with curbside waste management and collection services, including the year-round collection of garbage at the curbside and from bulk bins and the occasional collection of yard waste, leaves, and large items from the curbside. 2. DEFINITIONS AND INTERPRETATION 2.1. Definitions Pagel of 13 In this Agreement, unless the context otherwise requires, the following terms shall have the following meanings: 2.1.1. "Agreement" "Agreement" means this agreement, including any recitals and schedules to this agreement, as amended, supplemented or restated from time to time. 2.1.2. "Confidential Information" "Confidential information" shall mean any non-public information, whether in oral, written, electronic, or other form, disclosed by the Municipality to the Recipient that is identified as confidential or would reasonably be understood to be confidential under the circumstances.Confidential Information includes municipal plans, policies, proprietary data, financial information, infrastructure plans, public safety strategies, internal reports, and any other information that is not publicly available. 2.1.3. "Work" shall mean all services the Contractor is obliged to provide to the Municipality pursuant to this Agreement. 2.1.4. "Council" "Council" means the Municipal Council of the Municipality of Bayham. 2.1.5. "Effective Date" "Effective date" means July 1, 2023 and the Parties hereby acknowledge and agree that notwithstanding that this agreement was executed subsequent to July 1, 2023, the terms and conditions contained herein shall be effective retroactive to and including July 1, 2023. 2.1.6. "Equipment" "Equipment" shall mean all items that the Contractor is obliged to provide underthis Agreement and shall include items not specifically named by the Agreement that are required in order to effectively, safely, and legally fulfill this Agreement. 2.1.7. "Term" "Term", except as used in Section 4 herein, shall mean the entire duration of this Agreement and shall include any and all renewal terms and extensions. 2.2. Interpretation 2.2.1. Gender/Number Words importing the singular shall include the plural and vice versa. Words importing gender shall include all genders. 2.2.2. Headings Do Not Govern The headings contained in this Agreement are for reference only and in no way affect this Agreement. 2.2.3. "Include" Except where context otherwise requires, all instances of the word "include" and all Page 2 of 13 conjugations thereof should be read as though immediately followed by the words "without limitation". 2.2.4. "Shall" and "Will" The words "shall" and "will" denote imperatives. 2.2.5. Governing Documents and the Precedence Thereof In case of: i) any inconsistency or conflict between the provisions of this Agreement, Schedule"A"hereto,and the Specifications or General Conditions orTender or Drawings or any other document or writing, or ii) in case of vagueness or ambiguity in the Schedule(s) hereto, the provisions of such documents, including definitions, shall take precedence and govern in the following order, namely: a) The body of this Agreement; b) Schedule "A" hereto, including its Appendices, as updated from time to time in accordance with Section 3 of this Agreement, among which the most recent will govern; c) The provisions of RFP #12-01, attached hereto as Schedule "B", pertaining to the calculation of service charges, but excluding the provisions of RFP #12-01 pertaining to the calculation of service charges for recycling services; and d) All provisions of RFP#12-01 not pertaining to the calculation of service charges. Said documents collectively form the entirety of the agreement between the parties and supersedes any prior agreements, understandings, negotiations, or discussions, whether oral or written, between the parties. No supplement, modification, amendment, or termination of any part of the agreement shall be binding unless in accordance with this Agreement or executed in writing by the Parties. 3. SERVICE The Contractor hereby agrees to provide the Municipality of Bayham with services including Curbside Collection Services for the term of the contract. Curbside Collection Services shall include the collection, removal, and disposal of garbage, bulk bins, bulk materials/large items, yard and leaf waste, and all other services described in this Agreement. All Work shall be performed in a workmanlike manner to a standard of quality deemed acceptable by the Municipality. The Work to be performed by the Contractor shall include the supply of all materials, vehicles, facilities, equipment and labour necessary for the operation of Curbside Collection Services within the boundary of the Municipality and all related work as described herein.The Curbside Collection Service will operate as defined by the maps agreed upon by the parties in accordance with this Section. Materials shall be managed in a manner that minimizes the cost to the Municipality by establishing an efficient collection that maximizes diversion rates as well as revenues. Page 3 of 13 Without in any way limiting the generality or scope of the foregoing, the Contractor shall: 3.1. According to the Schedules,service schedules,and service maps contemplated in this Section, collect from the curbside: i) Approved Garbage; ii) Approved Leaf and Yard Materials; and iii) Bulk materials and large items; and further collect from bulk bins: iv) Garbage. 3.2. Deliver and deposit each of garbage; yard materials, including leaves; and bulk materials/large items to the proper location for that material, which location shall be licensed for the same and shall be approved in writing by the Municipality; 3.3. As requested by the Municipality, cooperate with the Municipality to determine: i) service schedules; ii) specifics of service provisions as contemplated bythis Agreement,such as the number of "bag tags", if any, to be provided to residents; and iii) service maps corresponding to each service offered under this agreement. Such schedules and maps shall be: iv) reduced to writing and shall form part of this Agreement; and v) be agreed upon by the parties sufficiently in advance to permit the Municipality to inform its residents of the same; 3.4. Maintain a comprehensive reporting program to the Municipality, on a monthly basis or as required by the Municipality, concerning all collection program operations; and 3.5. Comply with the service specifications and requirements laid out in this Agreement and in the schedules hereto. 4. TERM The Parties agree that this Agreement shall commence on July 1, 2023 and shall continue until June 30, 2030. 4.1. Renewal The Parties acknowledge and agree that this Agreement shall automatically renew on one (1) year terms with identical conditions for further terms as follows: i) a first renewal term commencing July 1, 2030 and ending on June 30, 2031, and ii) a second renewal term commencing on July 31, 2031 and ending on June 30, 2032. Either Party may decline to renew this Agreement by delivering a Notice of Termination to the other, in which case the Agreement shall expire at the end of the then current term, unless otherwise terminated sooner in accordance with this Agreement. To take effect, such Notice of Termination must be delivered fifty-one(51)weeks in advance of the end date of the then current term. 5. TERMINATION Page 4 of 13 Should the Contractor i) fail or neglectto commence or execute the work described in this contract in a diligent fashion; ii) become bankrupt, insolvent, or commit any act of insolvency; iii) abandon the work or any portion thereof agreed to herein; or iv) fail to observe and perform any of the provisions of this contract, the Municipality shall notify the Contractor in writing of the deficiency. If the Contractorfails to remedy the deficiency or modify operations to eliminate the deficiency within five(5)working days the Municipality may order the contractor to discontinue all work under the contract and the Corporation may then employ such means as deemed necessary to complete the work. In such as case the Contract shall have no claim for any loss or damages resulting from the work being taken out of control of the Contractor and the Contractor shall be responsible for all costs for loss, damage or other related costs which may be suffered by the Municipality, including any amounts in excess of the contract price. In addition to any other remedy available at law, the Municipality may recover such amounts by deducting them from any monies owing to the Contractor or by utilizing any sureties in place. If the Contractor finds it necessary to terminate the contract, the Contractor shall provide the Municipality with notice in writing, which shall be provided a minimum of fifty-two (52)weeks in advance of said termination. The Contractor shall be responsible for any increased costs to the Municipality across the term of this Agreement in the event of early termination. In addition to any other remedy at law, the Municipality reserves the right to draw on monies owing or to utilize any sureties in place for any increased costs across the remainder of the Term of this contract that are suffered by the Municipality as a result of such cancellation. The Municipality may terminate this Agreement at any time without cause and in its sole discretion upon providing to the Contractor twenty-six(26)weeks'written notice. Where such termination notice is given by the Municipality, the Contractor shall continue to provide the services outlined in this Agreement during the notice period. 6. PAYMENT 6.1. Payment, Generally Charges for services under this Agreement shall be invoiced and paid as described herein and as detailed in Schedule "A" hereto. 6.2. Invoices and Documentation The Contractor shall submit an invoice to the Municipality at the end of each month representing billing for the work done for the previous month and the tax to be charged thereupon. The invoice will contain all required data to support that the Contract has been completed. The Contractor shall also submit documentation on a monthly basis to accompany the invoice. Documentation will include an Excel spreadsheet, in the format provided by the Municipality, which summarizes all material collected by zone and route. A copy of this unlocked spreadsheet is to be emailed to the Municipality each month. Page 5 of 13 6.3. Delay In the event that there is a service delay for any reason whatsoever,the Contractor shall notify the Municipality thereof by email and telephone as soon as possible. The Contractor acknowledges that such delay could result in damages, including liquidated damages against the Contractor and that such damages may be deducted f rom any subsequent payment to the Contractor. Time is of the essence in this Agreement. 7. INSURANCE The Contractor shall maintain the following insurance requirements: Comprehensive general liability insurance, including bodily injury and property damage liability, personal injury liability, completed operations liability,blanket contractual liability with a severability of interest and cross liability clause to a limit of no less than five million ($5,000,000)dollars in respect to any one occurrence. The above-mentioned policy shall be endorsed to include the Municipality as an Additional Insured. Automobile liability insurance to a limit of no less than five million ($5,000,000)dollars per occurrence on forms meeting statutory requirements covering all vehicles used in any manner in connection with the performance of the terms of this Agreement. Environmental Impairment liability insurance covering the work and services described in this Agreement including coverage for loss or claims arising from contamination to third party property or bodily injury during transit. Such policy shall provide coverage foran amount not less than one million ($1,000,000.)dollars and shall remain in force for at least twelve (12) months following the completion of work under this Agreement. Professional Liability Insurance covering the work and services described in this Agreement with limits not less than Five Million Dollars ($5,000,000) per incident. The aforenoted policies of insurance shall contain or shall be subject to the following terms and conditions: i) Be written with an insurer licensed to do business in Ontario; ii) Be non-contributing with, and will apply only as primary and not excess to, any other insurance or self-insurance available to the Municipality; iii) Contain an undertaking by the insurer to notify the Municipality in writing not less than sixty (60) days before any material change in risk or cancellation of coverage. iv) Any deductible amounts shall be borne by the Contractor. v) The Contractor shall provide proof of insurance upon execution of this Agreement. Proof of insurance shall be in the form of Certificates of Insurance, in form and detail satisfactory to the Municipality, signed by an authorized representative of the insurer. The Contractor will make available the complete original copies of all applicable insurance policies for examination if required by the Municipality. vi) Certificates of Insurance evidencing renewal or replacement of policies shall be delivered to the Municipality within fifteen (15) business days prior to the expiration or replacement of the current policies, without demand by the Municipality. Page 6 of 13 8. INDEMNITY The Contractor shall indemnify and hold harmless the Municipality, its officers, Municipal Council, Employees and volunteers from and against any liabilities; claims; expenses; demands; losses; costs, including legal costs on afull indemnity basis; damages; and suits or proceedings bywhomsoevermade,arising directly or indirectly by reason of any requirements of this Agreement, save and except for loss or damage caused by the negligence of the Municipality or its employees. The Contractor shall take due and proper precautions for the prevention of harmto its employees and other persons and property during or in consequence of the work and, should the Municipality incur, pay or be put to any loss, damages, costs, charges or expenses or claims arising out of any failure to do so, the Contractor shall repay the same to the Municipality. 9. PERFORMANCE SECURITY If it has not already submitted the same, the Contractor is required to submit a performance security guaranteeing the full and faithful performance of the services herein. Such security shall be in the amount of 25% of the successful Proponent's year one (1) annual price and shall be in a form satisfactory to the Municipality. Such security shall be delivered to the Municipality for execution within fifteen(15)working days after the date that his agreement is executed. Acceptable forms of security include only: i) An Executed Bond issued by a bonding agency licensed to operate in the Province of Ontario and on the Municipality standard Form of Bond; or ii) An Irrevocable Letter of Credit from one or more of the chartered banks of Canada operating in Ontario in a form acceptable to the Municipality Treasurer. The Contractor agrees that in the event of any default or overcharge under this agreement, including the Schedules thereto, the Municipality reserves, in addition to all other remedies available at law, the right to draw upon such security to recoup its costs arising from such default or overcharge. 10.SAFETY AND EQUIPMENT The Municipality and the Contractor agree that the Municipality does not have expert knowledge of relevant safety standards and requirements. The Contractor warrants and agrees that it has the expertise, knowledge, and abilities necessary to ensure compliance with all relevant safety standards, which include statutory, regulatory, by-law, professional, and other applicable safety standards. The Contractor acknowledges that the Municipality relies on the Contractor's warranty. The Parties therefore agree that ensuring that the Work is performed in a manner that ensures the safety of the Contractor, Equipment operators, members of the public, and public and private property is the responsibility of the Contractor under this Agreement. The parties agree that essential services provided by the Contractor under this contract include the provision of proper safety training, equipment, and supervision. The parties agree that the Contractor will ensure that its employees, subcontractors, and all other agents of the Contractor comply with all requirements of this section. Page 7 of 13 10.1. Equipment Required The Contractor shall supply all equipment needed to complete the services required by this contract and shall properly train employees on the safe and proper use of that equipment. 10.2. Safety Equipment Required The Contractor shall supply all safety equipment reasonably required to provide the Work contemplated in this Agreement. This includes safety equipment required for the transport and the use of any other Equipment. 10.3. Safety Training Required Any and all operators, employees, subcontractors, or other agents of the Contractorshall be trained in a manner that ensures that their duties are carried out safely and in compliance with relevant statutory, regulatory, professional, or other applicable standards. Said training shall include training on emergency response measures. 10.4. Contractor to Ensure Compliance The Contractor warrants that it is aware of and will at all times ensure compliance with all relevant safety standards, which include statutory, regulatory, by-law, professional, and other applicable safety standards. 10.5. Material Safety Data Sheet The Contractor will supply upon request and as applicable any appropriate Material Safety Data Sheet. 10.6. Workplace Safety and Insurance Board The Contractor shall obtain and forward to the Municipality a letter of clearance from the Workplace Safety and Insurance Board stating that the Contractor is in good standing with the Board. Such letter shall be obtained and provided on or shortly after the date that this agreement is executed and annually thereafter. 10.7. Occupational Health and Safety For clarity, and without limiting the generality of the above, the Contractor acknowledges that where, if at all, a "project" underthe Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, as amended, is undertaken in connection with this Agreement, it is the Constructor within the meaning of that act. The Contractor also unequivocally acknowledges that it is the "employer" under the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, of the workers or agents that will fulfill the services under this agreement. The Contractor warrants that it has knowledge of the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 and all other health and safety regulations applicable in the Province of Ontario and that it will ensure compliance with the same throughout the term of this Agreement, including as amended, replaced, or supplemented. Page 8 of 13 Without limiting the generality of any of the foregoing, the Contractor and any subcontractor thereof must: a) Demonstrate to the Municipality that it maintains a Health and Safety Program for the protection of its staff and other persons that hash objectives and standards consistent with applicable legislation; and b) Ensure that workers in their employ are trained in the Workplace Hazardous Materials Information System, are aware of the hazardous substances that may occur or be in use at any place of work, and wear the appropriate personal protective equipment. 10.8. Certificate of Approval The Contractor shall submit a copy of its Environmental Compliance Approval for its Waste Management System as authorized and issued by the Ministry of the Environment and shall maintain such approval for the Term of this Agreement. 10.9. CVOR The Contractor shall submit a valid Commercial Vehicle Operator's Registration ("CVOR') certificate for its Corporation. The CVOR certificate is to remain in good standing, meaning that the Overall Safety Rating must be satisfactory or better, for the Term of this Agreement. 10.10. Ministry of Labour Requirements The Contractor shall ensure that its employment practices, employment standards, and notices of contract comply with all relevant statutes, regulations, and requirements of the Ministry of Labour. 10.11. Accessibility for Ontarians with Disabilities Act The Contractor shall ensure that all its employees, subcontractors, and other agents receive training in accordance with the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended, and with Ontario Regulation 191/11, made thereunder. 10.12. Spills The Contractor will promptly report to the Municipality any spills or discharges of pollutants or contaminants under the control of the Contractor. Such spills or discharges and their adverse effects are defined in the Environmental Protection Act, R.S.O. 1990 ("EPA") and the regulations thereto, as amended from time to time. The Contractor shall comply with the requirements of the EPA, including all notice requirements(for example, notifying the Spills Action Centre of the Ministry of the Environment (1-800-268-6060)). The Contractor shall train all staff, subcontractors, and agents on the safe and proper response(s)to spills. Where appropriate, absorbent will be laid down immediately and, once it has had the desired effect,itshall be scraped fromthe affected property.It isthe Contractor's responsibility to safely and properly ensure that the affected property is returned to a clean and tidy condition. Failure to respond immediately to a spill may result in damage to asphalt or other property damage. The Contractor shall be responsible for all damages arising from Page 9 of 13 spills. 10.13. Emergency Plans The Contractor agrees to provide a written Contingency Plan addressing how it intends to perform its obligations underthe contract in the event of a labour dispute, strike, slowdown or work stoppage involving employees, subcontractors, or agents of the Contractor who are providing the services set out in the contract. The Contractor agrees to provide an emergency plan. The plan will detail those actions that the Contractor will take to deal with emergencies such as ice storms, extreme snow storms, floods, fire or other natural disasters that may require deviation from normal operating procedures. The Contractor agrees to amend both the contingency and emergency plan as requested from time to time by the Manager of Public Works or their Designate. Further, the Contractor agrees to immediately provide the Director of Physical Services or their Designate with copies of any amendments to the plans. 11.MISCELLANEOUS 11.1.Notice All notices required or desired to be given to either of the Parties in connection with this Agreement as arising therefrom shall be in writing, unless otherwise specified, and shall be given by a facsimile transmission or hand delivery to an officer or director of the intended Party of Parties, at the following addresses: MUNICIPALITY MUNICIPALITY OF BAYHAM 56169 Heritage Line, PO Box 160 Straffordville, ON NOJ 1Y0 (519) 866-5521 sad ams(a)bayh am.o n.ca CONTRACTOR: NORFOLK DISPOSAL SERVICES LTD. 811 Old Highway 24 Waterford, ON NOE 1Y0 (519) 443-8022 bernie(@norfolkdisposal.ca or at such other address, facsimile number or individual as may be designated by written notice by the other party. Any notice given by personal delivery shall be conclusively deemed to have been given on the day actual delivery hereof and if given by facsimile transmission, on the business day on which it was transmitted. For purposes of this Agreement, "business day" means the time between the hours of 8:30 a.m. to 4:30 p.m. every Monday through Friday, excluding statutory holidays recognized in the Province of Ontario. 11.2.Confidentiality Page 10 of 13 The Contractor hereby agrees to keep confidential all confidential information received in the course of its duties under this agreement, including confidential information received from the Municipality, except as otherwise required by law. The Contractor specifically acknowledges that the Municipality's confidential information is subject to the Municipal Freedom oflnformation and Protection of Privacy Act, R.S.O. 1990, c. M.56,as amended or replaced, and the Contractor hereby attests to its knowledge of that act and the regulations thereto and affirms that it and its employees and agents shall comply with all requirements of that act and any regulations thereto. The Contractor acknowledges that with any form of information storage or transmission there exists the risk of unauthorized disclosure.The Contractor agrees to take reasonable steps to mitigate said risks. The Contractor specifically acknowledges that the confidentiality obligations under this Agreement shall survive the termination of this Agreement and continue indefinitely. If the Contractor retains any Contractors of its own who will perform services under this Agreement, the Contractor shall ensure that such sub-Contractors execute a confidentiality agreement no less protective of the Municipality than this Agreement. 11.3.Changes in Law The parties acknowledge that performance of the obligations required hereunder may be affected by changes in applicable laws of the Province of Ontario. In the event of a change in applicable legislation that results in a material impact on the performance of any act required by this Agreement, the Parties shall renegotiate the provisions of this Agreement to achieve mutually acceptable terms for the performance of acts required hereunder. If the Parties are unable to agree on the revised terms and conditions either Party may submit the dispute to arbitration in accordance with and pursuant to the provisions of the Arbitration Act S.O. 1991, C. 17, and the arbitrator's decision shall be final and binding upon the Parties and upon their respective successors and assigns, and shall not be subject to appeal. 11.4.Non-Enforcement Does Not Constitute Waiver No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforceit. Notermof this Agreement may be waived except in a writing signed by the party waiving enforcement. 11.5.Local Conditions Investigated The Contractor declares that it has either investigated for itself the character of the work and all local conditions that might affect the proposal or acceptance of the work, or that not having so investigated, it is willing to assume and does hereby assume all risk of conditions arising or developing in the course of the work which might or could make the work, or any items thereof, more expensive in character or more onerous to fulfill, than was contemplated or known when the proposal was made of the Contract signed. The Contractor also declares that it did not and does not rely upon information furnished by Page 11 of 13 any methods whatsoever, by the Municipality or its officers or employees, being aware that any information fromsuch sourceswasand is approximate and speculative only, and was not in any manner warranted or guaranteed by the Municipality. 11.6.No Construction against drafter Each party to this Agreement hereby acknowledges that it has been advised of its right to engage independent legal counsel of its own selection in connection with the review and execution of this Agreement.As such, no party hereto shall be considered to be the drafter of this Agreement or any section hereof, and no presumption shall apply to any party as the "drafter." Each party understands the advisability of seeking legal counsel and/or other professional advisors to review the Agreement, and has exercised its own judgment in this regard. 11.7.Execution by Counterpart; Electronic Signature This Agreement may be executed in one or more counterparts and thereafter exchanged by scanned, emailed or facsimile transmission methods, each of which document, once executed,shall constitute an original thereof and all of which together shall constitute one and the same Agreement.This Agreement may be signed byway of electronic signatures, provided that such electronic signatures comply with any Municipal policies regarding the same. 11.8.Severability If any clause of this Agreement shall be determined by a court of competent jurisdiction as illegal or unenforceable, then such clause shall be considered separate and severable from the rest of this Agreement, and the remaining provisions shall remain in full force and effect and shall continue to be binding upon the parties as though the illegal or unenforceable clause had never been included. 11.9.Assignment without Consent Unless otherwise required under Applicable Law, neither party may assign this Agreement or any right or obligation under this Agreement without receiving the other party's written consent in advance, which consent will not be unreasonably withheld. 11.10. Amendments in Writing No supplement, modification, amendment, waiver, or termination of this Agreement shall be binding unless executed in writing by the Parties. 11.11. Governing Law The validity, construction, and performance of this Agreement shall be governed by the laws of the Province of Ontario and the Law of Canada applicable therein from time to time. Page 12 of 13 IN�1/1�`A�,ES itlrt�ERE"OF this Agreement has been executed by the parties as of this I� day of .h ff 20215 t SIGNED, SEALED, AND DELIVERED In the presence of } NORFOLK DISPOSAL SERVICES LTD. per: } Name: /' -Kwer - at�6a Po siti o n:400&-VeA L /yiA 4,Q4CV? } l/We have authority to bind the Corporation. l r THE CORPORATION OF THE MUNICIPALITY OF ) BAYHAM Per:_ Name: Position Mayor Per: Nam t '- Position: thief inistrative Officer } } UINe have authority to bind the Corporation. Page 13of13 SCHEDULE "A" Curbside Collection Service Specifications and Requirements 1.0 Definitions and Interpretation 1.1 Definitions In this Schedule, unless the context otherwise requires, the following terms shall have the following meanings: 1.1.1 "Alternative Fuels" Alternative Fuels means fuels that generally reduce harmful pollutants and exhaust emissions. 1.1.2 "Approved Garbage, Yard Material, and Fall Leaf Containers" Approved Garbage, Yard Material, and Fall Leaf Containers have the definition(s) given to them by Municipal By-Laws respecting the same, attached hereto as Appendix "A". 1.1.3 "Collection Vehicles" Collection vehicles means the vehicles used to collect Garbage, Yard Material, and Fall Leaves. 1.1.4 "Composting Facility " Composting Facility means a facility that accepts Yard Materials and Fall Leaves and makes provision to remove contaminants from said materials and manually and/or mechanically compost the materials. 1.1.5 "Consumer Price Index or CPI" Consumer Price Index or CPI means the Consumer Price Index for Ontario, all items (excluding gasoline), as published by Statistics Canada or a comparable successor to such price index should the Consumer Price Index for Ontario, all items excluding gasoline, be discontinued in its present form. 1.1.6 "Council" Council means the Municipal Council of the Municipality of Bayham 1.1.7 "Curbside Collection Service" Curbside Collection Service means the service that commences at the street curb in front of a residence, or another establishment(eg.business, school, etc), as specified in the Specifications. 1.2Interpretation 1.2.1 Definitions Where the parties do not agree upon a definition herein, that disagreement shall be resolved by reference first to the definitions of the Agreement. If that does not resolve the disagreement, then the disagreement shall be resolved by reference to the definitions of RFP 12- 01. If that does not resolve the disagreement, then the definition given by the Manager of Public Works or their designate shall govern. Page 1 of 20 1.2.2 Gender/Number Words importing the singular shall include the plural and vice versa. Words importing gender shall include all genders. 1.2.3 Headings Do Not Govern The headings contained in this Agreement are for reference only and in no way affect this Agreement. 1.2.4 "Include" Except where context otherwise requires, all instances of the word "include" and all conjugations thereof should be read as though immediately followed by the words "without limitation". 2.0 Collection Schedule 2.1 Generally Curbside collection shall be provided in the applicable area, as defined by the relevant maps in Appendix "B" hereto, which may be amended or updated by the Municipality from time to time. Collection shall occur on the days defined by the Municipality's Waste Calendar for that year (the 2024 calendar being attached as Appendix "C" hereto), which is updated yearly and may be amended or updated by the Municipality from time to time. Materials collected shall accord with applicable by-laws and policies in force from time to time, including those appended hereto. Offloading of materials shall accord with all relevant offloading policies and procedures. 2.2 Garbage Collection Garbage will be collected weekly. 2.3 Garbage Collection at Addresses of BulkBins The Contractor will be required to collect large (6-yard and 20-yard) bins from two locations of approximately 70 residences total. In addition to these locations the Municipality has a number of Bulk Collection sites on properties that they own, such as municipal operations centres, offices and community centres. The Contractor shall be required to collect from other public sites and/or private sites at the Municipality's request. Bulk bins shall be emptied by the Contractor on a weekly basis, or less frequently as specified by the Municipality. Current bulk bin locations can be found in Appendix "D". 2.4 Leaf and Yard Waste Collection Approved Leaf and Yard Materials are collected during Green Weeks as listed on the Municipality's Waste Calendar. The contractor shall provide weekly collection to all designated areas for four (4) weeks in the spring and four (4) weeks in the Fall. The Contractor will, in general, provide curbside collection of leaf and yard waste every spring commencing mid-April and ending the middle of May (4 weeks total). In the fall, the Municipality notifies residents each October of the Green Weeks Page 2 of 20 collection schedule. The start of the collection will be weather-dependent and based on seasonal effects on trees etc. Typically, the collection will commence near the third week of October with the collection of Leaf and Yard materials to be conducted weekly for four(4) weeks. The Municipality will make reasonable efforts to promptly provide the Contractor with notice of the Fall Green Week Schedule. Residents are required to put their Yard Materials and Fall Leaves to the curb by 7:00 a.m. Monday morning of Green Week. The Contractor will have until Friday at 4:00 pm of Green Week to collect these materials. 2.5 Bulk Material/Large Item Collection Bulk Materials and Large Items are collected on the dates specified by the collection calendar, being generally once a month in each of April, May, July, September, and October. The Contractor will provide curbside collection of acceptable bulk materials and large items, as defined by Appendix "E" hereto, as updated from time to time, in the areas as identified for Garbage Collection (the current maps being found at Appendix "B" hereto). Residents are required to register with the Municipality for bulk material/large item pick up. The Municipality will provide a list of properties requiring curbside bulk material/large item collection to the Contractor at least one week in advance of the date for collection of the same and the Contractor shall service every property listed on said collection date. The Contractor shall take all reasonable efforts to ensure that such collection is efficient and minimized expense to the Municipality. 2.6 Statutory Holidays For the purpose of this Contract, Statutory Holidays will be the following days: o New Year's Day o August Civic Holiday o Family Day o Labour Day o Good Friday o Thanksgiving Day o Easter Monday o Christmas Day o Victoria Day o Boxing Day o Canada Day 2.7 Holiday Schedule Accommodation The Municipality notifies residents each year of the collection schedule for Statutory Holidays. Those receiving the Curbside collection services are informed of the Statutory Holiday schedule through the Collection Calendar. It is important to note that in the event of a Statutory Holiday falling within a given week, the contractor shall make accommodations to ensure that every resident is provided curbside collection of Garbage. The contractor should make provisions to not collect Garbage on Statutory Holidays unless alternative storage of materials collected is provided by the contractor. Such storage must be in compliance with all applicable federal, provincial and municipal laws. In the past, the Saturday of the week that contained the statutory holiday was used to provide this level of collection. 2.8 Hours of Work Page 3 of 20 The contractor will conduct operations so as not to create a nuisance or disturb the peace unnecessarily. Collection Vehicles may not collect materials prior to 7:00 a.m. In the case of garbage collection, each Municipal Area must be completed by 3:00 p.m. and the garbage unloaded at the designated landfills prior to regular closing hours. In the case of leaf and yard materials, each Municipal Area must be completed by 5:00 p.m. and the material unloaded at the designated processing facilities prior to closing. Whenever the Contractor desires to depart from the normal working hours specified above (e.g. to compensate for weather conditions), written approval from the Manager of Public Works or their designate must be obtained. No Saturday or Sunday work will be permitted except in the case of an emergency or if directed by the Manager of Public Works or their designate. Whenever, in the judgment of the Manager of Public Works or their designate, it may be necessary or expedient to do additional work from the day collection service at night, on Saturdays, Sundays, holidays or before or after the normal work day, such night or overtime work shall be performed by the Contractor without additional or extra cost to the Municipality. 3.0 Contractor Requirements and General Specifications 3.1 Coordination Meetings The Contractor shall attend such meetings with Municipality staff as may be required by the Municipality to co-ordinate services. 3.2 Innovation Clause To ensure continuous improvement and best practices, the Contractor shall attend meetings as required by the Municipality to present and discuss proposals for improvements to the effectiveness (percent of material being recovered), efficiency(net cost of the materials recovered), or environmental impact of the Work. Such proposals may include the use of alternative fuels and other green fleet initiatives. 3.3 Contractor's Base of Operation The Contractor shall maintain an office or base of operation satisfactory to the Municipality during normal business hours (7:00 a.m. to 5:00 p.m.). The office/base of operation shall be equipped with telephones, computers (with high-speed internet and email capability), and a fax machine. The Contractor shall staff the site during normal business hours, Mondayto Fridayto receive correspondence from the Managerof Public Works or their designate regarding contracting issues and to help carry out the work and corrective actions. The base of operation shall have adequate parking space available to accommodate the Page 4 of 20 parking requirements of the collection vehicle fleet and any other vehicles used in the administration of the Contract. The Manager of Public Works or their designate may visit the Contractor's office from time to time to participate in meetings and to ensure that the facilities are adequately meeting the needs of the Contract. The Contractor shall provide information regarding their office to the Municipality. 3.4 Collection from Private Property The Contractor will be required to enter onto private property to pick up garbage, leaf and yard waste, and bulk materials and large items. 3.5 Scavenging The Contractor's staff shall not scavenge materials collected through the Municipality's waste collection programs under any circumstances. 3.6 Promotion and Education The Municipality will be responsible for the design, production and distribution of all required promotion and education materials. The Contractor will participate in promotion and education campaigns to raise waste reduction awareness within the Municipality. Components of the promotion and education campaigns may include contact with the public on collection routes (e.g. answering questions, providing information), utilization of stickers to identify garbage items placed at the curbside that are not fit for collection, etc. 3.7 Cooperation with Demonstration Projects In the event a demonstration or pilot project is undertaken,the Municipality may suspend, delay and/or monitor all or a portion of the Work in a defined area. The Municipality may require the Contractor's workforce and/or equipment to participate in or operate a demonstration project.Should the Contractor's workforce and/or equipment be required, the basis of payment will be determined at the time of the project by the Municipality through mutual consent with the Contractor. The Manager of Public Works or their designate reserves the rightto contract or partner with any other person, agency or firm, for the purposes of conducting any demonstration project. 3.8 Record Keeping and Reporting Requirements The Contractor is to maintain a comprehensive record-keeping program and submit reports to the Manager of Public Works or their designate concerning program operations. Table 1 details the record-keeping and reporting requirements and their respective due dates. Page 5 of 20 Table 1: Record and Report Items RECORD or REPORT ITEM DUE DATE Age of Vehicles Within fourteen (14) days Report each time a Collection Vehicle is replaced either because it has exceeded the of the change. eight(8) year mark or due to mechanical failure. Accidents All accidents MUST be accurately documented and reported (whether minor or Immediately (within one major) involving the public or damage to private or public property within one(1)hour (1) hour of the incident). of occurrence. Damage Claims Within two (2)business Provide written records and copies of claims (for each occurrence) where damages days of receipt of the have been sustained, and as they apply to the Contract. record or claim. Mechanical or Oil Spills Immediately (within one Report any spills to the Spills Action Centre of the Ministry of the Environment (1- (1) hour of the incident). 800-268-6060) in addition to the Manager of Public Works or their Designate. Routine Collection Issues and Corrective Actions Notify the Municipality of corrective measures taken to resolve routine collection End of Day or at a time issues such as missed stops, broken blue boxes/carts, etc. brought to the attention agreed by the of the Contractor by the Municipality. Municipality. Non-routine Collection Issues and Corrective Actions Notify the Municipality of all non-routine collection issues such as incomplete routes, Immediately (within one disagreements between a resident and a collector, etc. and the proposed corrective (1) hour of the incident). measures to be taken in response to the issue. Certificate of Approval of a Waste Management System Provide evidence of valid Certificate of Approval of Waste Management System Annually (September) throughout the Contract. Resolved Claim Notification Provide written confirmation that all claims for damages from residents were resolved 30 days following the within thirty (30) days of the receipt of a claim. claim 4.0 Collection Vehicles 4.1 General The Contractor is required to provide appropriate collection vehicles for the completion of the Work, as defined below. Failure to provide such collection vehicle(s) shall be sufficient reason to declare the Contractor in default. 4.2 Age of Collection Vehicles No collection vehicles, including spare collection vehicles, used in the performance of the Work shall exceed eight(8)years of age during the term of the Contract, exceptthat, if the Contractor experiences a delay in the procurement of new vehicles, vehicles aged eight (8) to ten (10) years of age may be used where the Municipality is annually furnished with a safety certificate certifying the roadworthiness of such vehicle. Under absolutely no circumstances shall a vehicle in excess of ten (10)years of age be used in the performance of the Work. Page 6 of 20 4.3 Physical and Mechanical Requirements All collection vehicles must have fully enclosed steel bodies to prevent loss or spillage of the materials. Collection vehicles must also be mounted on an adequate truck chassis and must be capable of loading and unloading garbage, yard materials and fall leaves at the Curbside as well as the Landfill and composting facility. 4.4 Appearance of Collection Vehicles It is expected the collection vehicles will be maintained in a rust-free condition for the duration of the contract. Throughout the contract, the Municipality will require the Contractor to re-paint any or all collection vehicles not in a rust-free condition at the Contractor's expense. The Contractor will not carry advertising on the collection vehicles. Waste management messages may be promoted on the collection vehicles with the approval of the Manager of Public Works or their designate. Collection vehicles shall be freshly painted and display the Contractor's name and logo. The Contractor is required to arrange and supply all labour as necessary to paint the collection vehicles. The Contractor shall ensure that each collection vehicle displays a four (4) digit identification number of sufficient size to be easily identified on the front, rear and sides. The last two (2) digits of the identification number shall represent the year the collection vehicle was manufactured. Any additional collection vehicles which may be required during the contract will also require a similar system of numbering. The Contractor shall at their own expense arrange for the exterior of all collection vehiclesto bewashed a minimum of once aweekoras directed bythe Managerof Public Works or their designate.The Contractor shall also disinfectthe inside and outside of the collection vehicles on a regular basis or as directed by the Manager of Public Works or their designate so as not to cause any offensive odours. 4.5 Daily Supply of Collection Vehicles The Contractor shall license, operate and maintain at all times, a sufficient number of collection vehicles to properly maintain the standard of service provided for in the contract. The Contractor is f ully responsible for determining and providing the number of collection vehicles required to perform 100%of each day's collection within the designated times. In the event of equipment breakdown, the Contractor shall supply without unreasonable delay sufficient alternative equipment to complete the work in accordance with the terms of the contract. If in the opinion of the Manager of Public Works or their designate, the Contractor does not have adequate collection vehicles to properly provide service in accordance with this contract(s), the Manager of Public Works or their designate has the right to require the Page 7 of 20 Contractor to increase its number of collection vehicles to ensure that the performance is in accordance with the terms of the contract. The Contractor shall comply with the direction and shall not be entitled to additional compensation over and above the contract unit prices as a result of any requirements for these additional collection vehicles. The Contractor shall have access to a sufficient number of spare collection vehicles to dedicate to this contract to ensure that in the event of a breakdown, the collection continues to be performed in accordance with the terms of the contract. The Contractor shall have access to at least one (1)spare garbage collection vehicle that can attend the Work without unreasonable delay. 4.6 Maintenance of Collection Vehicles Collection vehicles must be maintained in an exemplary condition and on a regular basis. The Contractor is responsible for the maintenance, repairs and operating costs of the collection vehicles including fuel, lubrication, licensing, insurance, washing and storage. The Contractor will maintain a record of all maintenance services performed on the collection vehicles and shall forward a copy of the record to the Municipality if requested. The collection vehicles are to be properly constructed and maintained to eliminate the depositing of debris onto the street during collection and while traveling to the Material Recovery Facility and or to the Landfill or composting sites.Any collection vehicle found to be depositing debris as a malfunction of the vehicle shall be removed immediately from performing the work. The Contractor shall promptly repair all body damage such as scratches and dents to the satisfaction of the Municipality. The Contractor shall make every reasonable effort to ensure collection vehicles are empty of Materials at the end of the day. The Municipality reserves the right to have any collection vehicle it deems not mechanically sound, clean or properly labelled removed from the work until such time as the collection vehicle is deemed mechanically sound, clean and properly labelled. 4.7 Additional Equipment for Collection Vehicle Each collection vehicle will be equipped with a shovel, broom, protective gloves and garbage bags for the purpose of cleaning up any debris that has spilled while performing the work. Each collection vehicle will also be equipped with a spill kit that shall include absorbent material in the event of an oil, fuel, or hazardous material spill and a mat for the purpose of covering storm and sanitary sewers covers/catch basins in order to prevent spills to these locations. All collection vehicles must be fitted with all necessary safety devices, which shall be maintained in good repair at the Contractor's sole expense and which shall include a two-way radio, a fire extinguisher, a first aid kit, and reflective safety vests. Page 8 of 20 5.0 Staffina 5.1 Contract Supervision by the Contractor The Municipality will be provided, to the satisfaction of the Manager of Public Works or their designate, with the email addresses and telephone numbers of the Contractor's representatives, who may be contacted at any time, 24 hours per day, 7 days per week, on matters relating to this contract and who shall have overall responsibility for the contract. Email accounts must be checked, at a minimum, twice per day, Monday to Saturday. This does not eliminate the need for such representatives to receive routine emails, telephone calls, and work orders throughout the day. 5.2 Route Supervisor(s) The Contractor must have on duty on all collection days a qualified supervisor to ensure courteous, prompt and efficient service. The route supervisor(s)will be available during all hours the trucks are carrying out the work to receive and address complaints or concerns. The supervisor(s) must have a vehicle that is capable of picking up material missed by any of the collection vehicle operators. The route supervisor(s) will be equipped with handheld devices which are capable of both telephone and email communication. 5.3 Customer Service Standards Employees shall be polite, courteous and respectful towards the public and Municipal staff at all times. The Contractor shall employ for this work, only competent and skillful workers. The Contractor shall ensure that a high standard of service, courtesy and consideration is exhibited in all of its dealings with residents, visitors and the general public. The Contractor shall conduct all of its operations, including its administrative functions, with the utmost regard for enhancing public relations and for upholding and maintaining the positive public image of the Municipality. Specifically, the Contractor shall ensure that: a) workers comply with the collection stipulations outlined for the collection contract; and b) workers are well informed of the customer service standards expected of them, including: i) to be professional in attitude and appearance; and ii) applicable codes of conduct and/or personnel policies. 5.4 Customer Service Training All staff retained by the Contractor for this contract shall have appropriate, specialized training to ensure that they behave at all times in a polite, courteous and respectful manner while fulfilling their duties. The Contractor will use this training to help prevent any of the following incidents from occurring: a) Staff in possession of or under the influence of alcohol, illegal narcotics or controlled substances; Page 9 of 20 b) unsafe practices; c) use of foul, profane, vulgar or obscene language; d) exhibiting behaviorthat may reasonably be considered offensive or unacceptable customer service; e) solicitation of gratuities or tips from the public for services performed under the contract; f) refusal to collect and, or handle material placed out for collection in accordance with the contract; g) deliberate or reckless destruction of private or public property; h) deliberate or reckless scattering, spilling, or disposal of collectable materials, non-collectable items, or collection containers that have been set out by program participants; i) provision of any collection service by an employee who is not wearing an easily identifiable, neat, and clean uniform; j) scavenging; and k) collection of materials such as garbage that is not properly tagged. The Manager of Public Works or their designate may bring, to the attention of the Contractor, employee performance issues or any of the obligations under the contract or assess Liquidated Damages as noted in the Special Provisions where the Manager of Public Works or their designate, in his or her sole discretion, considers that any of the above incidents have occurred.The Contractor acknowledges that the occurrence of the above results in damages to the Municipality, including harm to the reputation of the Municipality. 5.5 Personnel Listing The Contractor shall provide the Manager of Public Works or their designate with a list of management and supervisory positions, including names of persons involved in the Collection Program operations, one (1) month prior to start-up and whenever there are changes to the list due to changes in personnel or the addition or deletion of positions. Included in the personnel listings will be the telephone numbers and email addresses for all administrative and supervisory staff that will be in contact with the Municipality. 5.6 Code of Conduct The Contractor shall ensure that all of its employees,subcontractors,or other agents are held to standards that meet or exceed all employee obligations relating to non-violence, civil conduct, and customer service found within the Personnel Policy, attached hereto as Appendix "F". 6.0 Collection Program Specifications 6.1 Collection Service — Garbage. Leaf and Yard Material Collection Service Garbage Garbage will be placed in bags or garbage cans at the curbside for collection. Collection of bulky item garbage (oversized items and furniture) is not accepted during routine garbage collection. The municipality utilizes "bag tags" to promote waste reduction while providing flexibility. No garbage should be collected that is not properly exhibiting a "bag tag" for the current year. If garbage is placed at curbside Page 10 of 20 utilizing a rigid container such as a metallic or plastic can, the top bag shall clearly exhibit the bag tag. The container limit for the Municipality shall be indicated yearly to the Contractor. Several materials are banned from Curbside collection, including bulky items, appliances, construction and demolition materials and electronics. The Contractor must ensure materials collected comply with the permitted materials for collection and, if materials set out do not comply, the Contractor shall leave an information tag on the materials explaining the refusal to collect. Table 2: Garbage set out Requirements • garbage bags • garbage cans Garbage: Acceptable Containers • 40 pounds maximum weight Exceptions No Bulky items permitted at curbside during No routine garbage collection Leaf and Yard Materials There is no limit to the amount of leaf and yard materials that can be set out. Individual containers must weigh less than 22 kilograms (44 pounds) to be collected. Table 3: Leaf and Yard acceptable containers Container Options Plastic Bags No Compostable 'plastic- style' bags No Paper Bags Yes Reusable Containers (e.g. garbage cans) Yes The Contractor must ensure that containers and materials collected comply with the permitted containers and materials for collection and, if containers or materials set out do not comply, the Contractor shall leave an information tag on the materials explaining the refusal to collect. Page 11 of 20 6.2 Bulk Material/Large Item Collection Service Bulk Material or Large Items may be placed in bags or garbage cans or may be placed "as-is", where it is hygienic to do so, at the curbside for collection. Materials eligible for bulk material/large item curbside collection are specified in Appendix "E" hereto. The Contractor must ensure materials collected comply with the permitted materials for collection and, if materials set out do not comply, the Contractor shall leave an information tag on the materials explaining the refusal to collect. 6.3 Adding/Replacing Materials to Collect The Municipality has the right to amend the definition of "garbage", "rubbish", "waste", "non-collectibles"and related items at anytime during the term of this contract.Achange in the definition shall be evidenced in writing with at least thirty(30) days' notice prior to the effective date of such change by the Manager of Public Works or their designate to the Contractor. It shall be the responsibility of the Municipality to advise its residents within the collection area of any changes to the items that can be set out for collection underthis paragraph and the effective date of the change. The Contractor shall, upon the effective date of the change in the definition of any type of collectibles under the terms of this agreement, amend its collection practice to comply with new definitions. If there is a change of 25% or more in the quantity of total garbage collected in two (2) consecutive years, or at a reduced time frame if approved by the Manager of Public Works or their designate, this may form the basis of a re-negotiation of the existing contract. For clarity, this means two consecutive years of increases or two consecutive years of decreases, and not one year of increase and one of decrease. If there is a change of 50%or more in the quantity of total leaf and yard material collection in two (2) consecutive years, or at a reduced time frame if approved by the Manager of Public Works or their designate,this may formthe basis of a re-negotiation of the existing contract. For clarity, this means two consecutive years of increases or two consecutive years of decreases, and not one year of increase and one of decrease. The Contractor acknowledges that: a) That government legislation or regulations may change, which may require the Municipality to take responsibility for routine recycling or compost pick up within the Municipality; and b) That other significant changes to curbside pick up programs not covered in the Contract may also be entertained by the Municipality from time to time. The Contractor agrees that should the Municipality wish to add materials to the Collection Programs or make significant changes to the programs as noted above, they shall speedily negotiate with the Municipality to determine the terms, if any, under which the Contractor shall begin collection of these materials or implement the other significant changes. Page 12 of 20 6.4 Waste Collection By-Law Complete details on the collection rules for residential and businesses may be provided by Municipal Waste and Resource Materials Collections By-laws in force from time to time throughout the term of this contract (see Appendix "A"). 6.5 Collection Locations and Numbers The total number of locations to be served through the collection services at the start of the contract is estimated below. These numbers include residential stops, businesses, non-profit organizations, municipal facilities and schools that may participate in the collection program. Table 4: Number of Collection Stops Urban Household 1,417 Rural Household 1,534 Stops in Town Included in Urban Centres above Centres Other stops (schools, churches, gas Included above stations, etc) These numbers should be taken as a base or estimate of the number of stops to be served bythe Contractor.The Contractorwill be required to continually add stops as new communities grow. 7.0 General Operating Details for Collection 7.1 Garbage. Yard Materials and Fall Leaf Program At a minimum, the method of collection: a) must be collected with a packer collection vehicle; b) must be fully capable of collecting garbage and Leaf and Yard Materials and in the acceptable containers identified herein; c) must collect all material stipulated in the signed contract; d) must ensure that when collecting from garbage cans, collection crews: i) place any garbage can(s) lid(s) beside the location where the garbage can(s) are found; and ii) return the garbage can(s) to approximately the same location in which they were found prior to collection, in an upside-down position; e) must collect items at the curbside or roadside of a public roadway in approved containers; f) cause the least possible disruption and inconvenience to vehicular traffic, pedestrian traffic and residences and, or businesses; Page 13 of 20 g) must ensure collected material is transported directly to the designated disposal site. 7.2 Information Line Municipality staff will generally forward service requests prompted by calls or emails to the Municipality on to the Contractor. The Municipality may operate a complaint and information line during regular business hours. Through discussion with the callers, the Municipality may respond to simple queries, provide directions to end-users, or determine that further investigation by the Contractor is required. For example, in cases where the materials were not placed in the appropriate location by the prescribed collection start time, the caller will be instructed to store their materials until the next collection day. Calls that require action by the Contractor (e.g. incomplete routes, or not adhering to the route or schedule) will be forwarded directly to the route supervisor for immediate action. 7.3 Returning Containers after Emptying All garbage cans used to set out materials will be replaced in approximately the same location in which they were found prior to collection, but in no case shall they be replaced on the traveled portion of the road, driveway, parking lot or the pedestrian portion of the sidewalk. Containers will be returned in an upside-down position and, at no point, be placed as to block a driveway to a residence or business. Care shall be used not to damage the containers during collection. 7.4 Contractor Not to Collect The Contractor is not required to collect Garbage, Leaf and Yard Materials that: a) Are not set out in accordance with the Waste Collection By-Law (s) (see Appendix "A"); or b) Present a health risk to the collector (e.g. broken glass, hazardous material, bee/wasp problems) bags that are estimated to contain more than minimal amount of non-collectable materials. The Municipality may provide the Contractor with information stickers which will advise program participants of the reasons that the material set out has not been collected. Under no circumstance will the Contractor provide written information to program participants that has not been approved and supplied by the Municipality. 7.5 Reporting of Non-Collectable Incidents and Use of Information Stickers Level 1: Routine The Contractor shall not be required to record addresses for the routine use of information stickers. Routine use includes: Page 14 of 20 a) non-compliant material left behind b) oversized container c) overweight container d) material not properly streamed, where streaming is required (recycling only) e) Garbage not properly tagged with current years tags (if applicable). f) cardboard boxes not broken down or oversized cardboard {recycling only) Level 2: Hazardous When a set-out presents a potential health risk to the collector or residents the Contractor will notify the Municipality immediately (i.e. within one (1) hour) of the nature of the problem,including any and all information required to ensurethe safety of Municipal staff who may investigate the problem; the address at which the problem was encountered; and any other pertinent information. 7.6 Missed Collection Stops by the Contractor and Late Set Outs by Residents If the Contractor misses one or more collection stops or part of a collection route or is asked to return for a late set-out, he or she will make every reasonable effortto collect the missed set-out or late set-out on the same collection day. If this is not possible, the missed or late set out will be collected on the following working day before 9 a.m. Liquidated Damages may apply for missed collections. 7.7 Spillage and Litter The Contractor is required to clean-up spillage and loose materials resulting from the work. The Contractor will not leave or deposit any material on any portion of the street, sidewalk, boulevard, or other private or public property. 7.8 Mechanical or Oil Spills The Contractor will promptly report to the Municipality any spills or discharges of pollutants or contaminants under the control of the Contractor. Such spills or discharges and their adverse effects are defined in the Environmental Protection Act, R.S.O. 1990 (EPA) and the regulations thereto, as amended from time to time. The Contractor shall comply with the requirements of the EPA, including all notice requirements (Ex. notifying the Spills Action Centre of the Ministry of the Environment (1-800-268-6060)). Where a spill occurs,in addition to the above requirements,any collection vehicles being operated in the area shall cease operation until the Contractor's Supervisor arrives on site. The Contractor shall train all staff, subcontractors, and agents on the safe and proper response(s)to spills. Where appropriate, absorbent will be laid down immediately and, once it has had the desired effect,it shall be scraped from the affected property. It is the Contractor's responsibility to safely and properly ensure that the affected property is returned to a clean and tidycondition. Failure to respond immediatelyto a spill may result in damage to asphalt or other property damage. The Contractor shall be responsible for all damages arising from spills. Page 15 of 20 If necessary, at the Municipality's discretion, a power wash and/or blacktopping will be utilized, at the contractor's expense. 7.9 Labour Dispute Contingency and Emergency Plans The Contractor agrees to provide a written Contingency Plan addressing how it intends to perform its obligations under the contract in the event of a labour dispute, strike, slowdown or work stoppage involving employees, subcontractors, or agents of the Contractor who are providing the services set out in the contract. The Contractor agrees to provide an emergency plan. The plan will detail those actions that the Contractor will take to deal with emergencies such as ice storms, extreme snow storms, floods, fire or other natural disasters that may require deviation from normal operating procedures. The Contractor agrees to amend both the contingency and emergency plan as requested from time to time by the Manager of Public Works or their designate. Further, the Contractor agrees to immediately provide the Director of Physical Services or their Designate with copies of any amendments to the plans. 8.0 Processing and Disposal Locations 8.1 Location of Landfill Sites All garbage, including bulk materials and large items, shall be delivered by the Contractor to a licensed facility to be selected by the Contractor and approved by the Manager of Public Works. The Contractor shall bear all charges fortipping waste under this contract, except for any such charges specifically contemplated in RFP 12-01 (being Schedule "B" to the Agreement) and the submission of the Contractor in response thereto (being Appendix "H" hereto). 8.2 Location of Composting Site for Leaf and Yard Materials All curbside leaf and yard materials shall be delivered by the Contractor to a licensed facility to be selected by the Contractor and approved by the Manager of Public Works. 8.3 Audits and Inspections At any time during each month of the contract, the Manager of Public Works or their designate may: a) Conduct periodic waste audits of the material being collected to determine the amount of non-compliant material being set out at the curbside. b) Survey any of the Contractor's collection vehicles during collection to ensure the Contractor's collection vehicles and the method of collection comply with the requirements of the contract and any other legislation. Page 16 of 20 c) Conduct audits on the incoming loads from vehicles to ensure that residual levels are at an acceptable level. The audits shall be completed at the discretion of the Manager of Public Works or their designate and the load(s) selected for the audit(s) will be inspected by an auditor designated by the Manager of Public Works or their designate to determine the actual contamination rate for the particular calendar month. If the contamination rate is greater than the allowable rate specified in the RFP, the Successful Contractor will pay for the cost of the audit. 8.4 Special Provisions The Contractor acknowledges that the Municipality will experience increased administrative and operational costs in the event of the Contractor's non- performance or poor performance of its contractual obligations. Accordingly, the parties agree that in view of the difficulty of ascertaining the actual losses that the Municipality will suffer by reason of the non-performance or poor performance of the Contractor's contractual obligations, and in view of the fact that the accumulated effect of repeated incidents of non- performance or poor performance will increase costs to the Municipality, the parties hereby agree upon and fix as the liquidated damages that the Municipality will suffer by reason of said non-performance or poor performance, and not as a penalty, the amounts as set out in section 8.5, below. The Municipality will assess liquidated damages for each instance of non-performance of poor performance identified below. The Municipality may deduct and retain the amounts of such liquidated damages out of the monies that may be due or become due to the Contractor under the Contract, i.e. deduction from the monthly invoice. The Manager of Public Works or their designate, at their sole discretion, may determine whether liquidated damages are to be applied. The Contractor agrees to abide by the schedule of Liquidated Damages. The Contractor shall pay the Municipality the indicated amount per incidence of non- performance or poor performance on a monthly basis. Annually the number of incidences shall be accumulated. At the end of each fiscal year the number of accumulated incidences will reset to zero. The liquidated damages payable under this section are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Municipality. Without limiting the generality of the foregoing, the assessing of liquidated damages shall not prevent the Municipality from recovering from the Contractor the amount of any damages incurred by the Municipality over and above the amount of the liquidated damages assessed (e.g. additional costs incurred by the Municipality from measures taken to ensure that the work is completed). Page 17 of 20 8.5 Schedule of Liquidated Damages Example Reference Incident Liquidated Damages Section 3.6 Failure to perform collections $100 / day, per route within specified hours of work $1,000 / $2,000 / Failure to complete the day's route on the route on the 3.6 and work (i.e. work carried over to the $500 / route 2nd 3rd 3.1 following day and/or 15 or more consecutive consecutive residential units missed). collection collection day day Failure to meet the Record 4.8 Keeping and Reporting $500 / incident requirements. Using vehicles dedicated to use under this Contract Agreement to collect waste material from a 7.5 Private Account or making $1,500 / Truck, per incident collections at other locations not approved by the Municipality. 6.3 Failure to meet the Customer $100 / incident Service Standards. $500 /truck $1,000 / $1,500 / 8.4 and Failure to meet the Health and truck on 8.5 Safety Standards on the 1st the 2nd Truck on the incident 3rd incident incident Failure to respond to complaints 6.2 as directed by the Manager of Public Works or their designate $100 incident (e.g. replace damaged blue box). Failure to return for Missed Collection as directed by the 8.6 and 8.7 Director of Physical Services or $100 / incident their Designate for less than15 residential units missed per day. 8.5 Failure to meet the General $100 / incident Operating Details for Collection. Failure to follow Off Loading Appendix Procedures "G" at the Material Recover Facility, $100 incident Landfill or Composting Facility. Failure to meet the Residue 8.5 Management $500 / load requirements. Page 18 of 20 8.6 Payment, Taxes, Inflation and Fuel Adjustments 8.6.1 Payment 8.6.1.1 Garbage, Bulk Bin, Yard Materials and Fall Leaf Collection; Inflation and Fuel Adjustments to be Applied The Contractor shall be entitled to receive monthly payments for Garbage and Yard Materials and Fall Leaf collection services actually rendered, to be calculated using the formulas found in RFP 12-01,attached as Schedule "B" to this Agreement, as applied to the base rates submitted by Norfolk Disposal in response thereto,attached as Appendix"H" to this Schedule. For clarity, the formulas to be used to calculate such payment include the Inflation and Fuel Adjustment formulas in RFP 12-01. 8.6.1.2 Bulk Materials and Large Item Pick Up The Contractor shall be entitled to receive monthly payments for Bulk Materials and Large Item Pick Up services actually rendered ata rate equal to the sum of: a) The tonnage cost, which will be at the same rate as the rate for the garbage covered by s. 8.6.1.1 herein; and b) $150.00 per hour per truck of service provided, which rate shall be inclusive of all costs and fees except for tax. 8.6.2 Taxes Except where otherwise specified, taxes shall be applied as an extra charge upon any other service charge invoiced in accordance with the payment terms herein. It shall be the responsibility of the Municipality to pay such taxes to the Contractor. The Municipality shall in no event be responsible for the tax obligations or liabilities of the Contractor. 8.7 Per Stop or Unit Cost for Contract Additions/ Deletions The Contractor, upon notification, will assume the responsibility for collection services as soon as any new homes, buildings, subdivisions, businesses are ready for service as determined by the Municipality. Annually, the number of stops for the upcoming year will be adjusted based on the permits for new home construction or demolition for the previous year. 8.8 Monies Due to the Municipality In the event that there are any monies payable to the Municipality by the Contractor under the terms of this Contract, such monies shall be deducted from and retained out of any monies due from the Municipality to the Contractor or may be recovered from the Contractor or the Contractor's surety pursuant to the performance bond as a debt due to the Municipality. 8.9 Contractor Obligated to Pay Its Agents Page 19 of 20 When payment is made to the Contractor,they shall promptly pay to every subcontractor employed any amount properly due such subcontractor on account of Work covered by the Contract. The Municipality shall not be liable for, or be held to pay, any money to the Contractor except as provided above, and on making the complete payment aforesaid, the Municipality shall be released from all claim or liability to the Contractor for anything done, or furnished for, or relating to the Contract, or for any act or neglect of the Municipality relating to the Work, except the claim against the Municipality of the remainder, if any, of the amounts kept or retained as provided above. 8.10 Interest The Contractor shall not be entitled to any interest upon any bill for extrawork on account of delay in its approval by the Manager of Public Works or their designate. 8.11 Disputes In cases of disputes as to whether or not the service submitted meets the conditions in the accepted proposal, the decision of the Municipality's Manager of Public Works or their designate shall be final and binding on all parties. Page 20 of 20 APPENDICES TO SCHEDULE "A" TABLE OF CONTENTS APPENDIX A—Waste Collection By-Law APPENDIX B — Maps APPENDIX C — Service Schedules/Waste Calendar APPENDIX D — Bulk Bin Garbage Collection Locations APPENDIX E - Bulk Materials Accepted APPENDIX F — Personnel Policy APPENDIX G — Offloading Procedures APPENDIX H — 2012 Norfolk Disposal Services Ltd. RFP Submission APPENDIX "A" Municipal Waste Collection By-Law THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-021 BEING A BY-LAW FOR THE PROVISION OF RECYCLING AND WASTE COLLECTION AND TO PROHIBIT THE DEPOSITING OF REFUSE OR DEBRIS ON LANDS WITHIN THE MUNICIPALITY OF BAYHAM WITHOUT THE CONSENT OF THE PROPERTY OWNER OR OCCUPANT OF THE LAND. WHEREAS, Section 11 of the Municipal Act, 2001, S.O 2001, c.25, as amended, provides that a municipality may pass a by-law with respect to the health, safety and wellbeing of persons; AND WHEREAS the Council of the Municipality of Bayham deems is necessary and expedient to establish regulations respecting Recycling, Waste Collection and to prohibit the depositing of refuse or debris on lands within the Municipality of Bayham without the consent of the property owner or occupant of the land. NOW THEREFORE the Council of the Corporation of the Municipality of Bayham hereby enacts as follows: SHORT TITLE This By-law may be cited as the `Recycling, Waste Collection and Refuse and Debris By-law' SECTION 1 —DEFINITIONS For the purpose of this by-law: 1.1 `Blue Box' shall mean the container or other device supplied by the Municipality, at the cost of the owner, for the collection of recyclable waste. 1.2 'Bayham Garbage Tag' shall mean the self-adhesive tag provided by the Municipality, at the cost of the owner, to be affixed to non-recyclable garbage set out for collection. 1.3 `Construction Debris' shall mean discarded material resulting from the erection, repair, demolition or improvement of buildings, structures or property (including land). 1.4 `Container' shall means: I. a galvanized metal or plastic container with a maximum capacity of approximately 0.8 cubic metre (2.75 cubic feet) being larger at the top than at the bottom and having a handle and fitted lid, such containers shall weigh no more than 18 kilograms (40 pounds) and must be kept in good repair and a sanitary condition; or ii. a polyethylene plastic bag with a maximum capacity of approximately 0.8 cubic metre (2.75 cubic feet) of 1.4 gauge thickness fastened at the top and weighing no more than18 kilograms (40 pounds); or iii. any other receptacle as approved by the Municipality. 1 1.5 'Farming Business' shall mean a farming business within the meaning of the Farm Registration and Farm Organizations Funding Act, 1993 that is located within the geographic limits of the Municipality of Bayham. 1.6 'Hazardous Materials' shall include, but not be limited to, the following: i. Antifreeze xii. Pharmaceutical ii. Motor Oil xiii. Flea Powder iii. Auto Batteries xiv. Propane Tanks iv. Nail Polish xv. Floor Wax v. Degreasers xvi. Septic Tank Cleaners vi. Oven Cleaner xvii. Herbicides vii. Disinfectants xviii. Solvents viii. Paints xix. Metal Polish ix. Drain Cleaner xx. Wood Preservatives x. Pesticides xxi. Light bulbs A. Drycell Batteries 1.7 'Land' shall mean any and all lands within the Municipality, both private and public, and includes highways, road allowances, bridges, culverts, ditches, curbs and gutters, and parks; 1.8 'Major Appliances and Large Household Furnishings' shall mean all large or bulky household mechanisms and/or other articles usually used within a residence and for residential purposes, including but not necessarily limited to refrigerators, stoves, washers, dryers, chairs, sofas, tables, beds, and carpeting. 1.9 'Municipality' shall mean the Corporation of the Municipality of Bayham. 1.10 'Non-collectable' shall include, but not be limited to: i. manufactured or industrial waste; ii. any explosive, hazardous or highly combustible material of any nature whatsoever, including ashes; iii. construction debris; - - - - ----iv---saw ust-and/orshavings; -- v. liquid waste; vi. hay, straw and manure; vii. carcass of any animal; viii. major appliances and/or large household furnishings; ix. any material which has become frozen to the container and cannot be removed by shaking; x. discarded tires; A. any appliance that contains or operates on Freon gas; and xii. Hazardous Materials. 1.11 'Non-recyclable Garbage' shall mean all garbage and other refuse except non-collectable waste and recyclable waste. 2 1.12 `Officer' shall mean a Municipal Law Enforcement Officer, a person authorized by Council with the responsibility for enforcing and administering this by-law as appointed by Municipality of Bayham By-law, or a Police Officer; 1.13 `Owner' shall mean the person listed as the Owner in the most recent tax assessment roll. 1.14 `Person' shall include an individual, owner, occupant, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate or a natural person; 1.15 `Place of business' shall mean a property assessed for commercial property taxes on the Assessment Roll. 1.16 `Recyclable Waste' shall mean such items as the Municipality identifies from time to time as being suitable for collection for recycling purposes. 1.17 `Refuse' or `Debris' shall include but is not limited to: i. animal waste and excrement ii. carcass, hides, bones or feathers of any animal or bird iii. construction and landscaping debris iv. celluloid cuttings, v. hazardous waste vi. non-recyclable waste vii. recyclable waste viii. material or thing soaked in oil or gasoline ix. domestic waste x. grass cuttings, leaves and vegetation xi. hay, straw and manure xii. manufacturers/industrial waste xiii. sawdust and shavings xiv. sewage and paper sludge xv. snow and ice xvi. swill, soil, dirt earth or organic material xvii. tree branches or roots xviii. wrecked, dismantled, discarded, inoperative or abandoned machinery, Vehicles, trailers, boats and their component parts, and includes Vehicles that appear by - - -------------- -- reason-of-their-appearance; mechanical condition-or-lack-of-current--permit-plates- to be inoperable, and tires; 1.18 `Residential Unit' shall mean one or more habitable rooms assessed for residential property taxes on the Assessment Roll and occupied or designed to be occupied by one or more persons as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such persons or persons. Section 2 — General Provisions 2.1 No Person shall, knowingly or unknowingly, throw, place or deposit, or cause or permit or allow to be thrown, placed or deposited, any Refuse or Debris on any Land Within the limits of the Municipality, without the written consent of the owner or occupant of the Land. 3 2.2 No Person shall, knowingly or unknowingly, fail to remove any recyclable waste, waste, containers or receptacles used for any Refuse or Debris prior to 7:OOPM on the day following the normal waste pick-up day. 2.3 No person shall knowingly or unknowingly set out any recyclable waste, waste, containers or receptacles used for any Refuse or Debris prior to 4:00 PM of the day prior to collection of that waste is scheduled. 2.4 No Person shall fail to retrieve Refuse or Debris from the location it had been set out for collection pursuant to this Bylaw by 7:00 PM on the calendar day on which on which collection was scheduled and which Refuse or Debris had not been collected by the Municipality during that day. Section 3—Collection of Waste 3.1 Collection of non-recyclable garbage will be made weekly on the day or days of the week designated by the Municipality. 3.2 Collection of recyclable waste will be made weekly on the day or days of the week designated by the Municipality. 3.3 All recyclable waste shall be separate from non-recyclable garbage and placed in or beside the blue box in accordance with the procedures established by the Municipality. 3.4 The Municipality shall not collect non-collectable waste as defined in this By-law from any residential unit or place of business within the Municipality. 3.5 The Municipality shall not collect any non-recyclable garbage from any residential unit or place of business within the Municipality unless such garbage is placed in a container meeting the requirements of this By-law. 3.6 No person other than a resident of the Municipality or a person who operates a place of business or a farming business within the Municipality, or their agents, shall set out waste for collection. Waste set out for collection shall not include waste from residential units, places of business or farming businesses not within the Municipality. 3.7 No person shall set out waste for collection except at the residential unit or the place of business at which the waste is generated, unless mutually agreed to between abutting property owners. 3.8 The location and type of container for collection of non-recyclable and recyclable waste for apartment buildings, row houses and multiple unit houses will be subject to the approval of the Municipality. 3.9 All special structures or buildings provided for the storage of containers and blue boxes shall at all times be maintained in a clean and sanitary condition preventing entry by rodents and insects, and constructed for easy access by the Municipality. 3.10 The Municipality, if a holiday or holidays occur in any week of regular collection, reserves the right to collect non-recyclable garbage and recyclable waste at the Municipality's convenience. 4 3.11 Non-recyclable garbage and recyclable waste components shall be separated and set out for collection in accordance with the provisions of this By-law. Section 4— Collection Procedure 4.1 Where non-recyclable garbage and recyclable waste is set out for collection on the same day, containers of non-recyclable garbage shall be placed together but set apart from the recyclable waste. Recyclable waste may be set out with the blue box. 4.2 All waste that is set out for collection by the Municipality shall be placed at the curb or on the boulevard of a public street in front of or adjacent to the residential unit on the side of the public street designated by the Municipality. The Municipality may designate alternate locations for placement to meet collection needs. All waste set out for collection shall have affixed, a Bayham Garbage Tag, pursuant to the provisions of this by-law. 4.3 There is no limit on the quantity of recyclable waste which may be set out for collection at one time except from a place of business where the amount of any type or types of recyclable waste to be collected may be limited by the Municipality from time to time. 4.4 Waste set out for collection shall be placed at or near the applicable curb or boulevard before 7:00 AM of the day on which collection of that waste is scheduled, provided that, at all times, such waste shall not be set out for collection prior to 4:00 PM of the previous day. 4.5 Waste which is set out for collection shall be separated into recyclable and non-recyclable categories. The Municipality shall have sole discretion to determine if such waste is not to be collected. 4.6 Any waste, which the Municipality declines to collect, shall be removed by the owner or occupant of the residential unit or place of business by or on whose behalf the waste was placed for collection before 7:00 PM of the calendar day on which the collection was scheduled. Such uncollected waste shall be disposed of privately or may be properly separated and prepared in accordance with this By-law and set out again for collection on another scheduled day. 4.7 By notice to the public from time to time, the Municipality may designate days and times for the collection of leaves, tree limbs and brush or supply times and locations of drop- offs. Brush and tree limbs shall be compacted and tied in bundles not more than 0.9 metre (3 feet) in length or placed in an enclosed container. Leaves shall be placed for collection in accordance with the procedures established by the Manager. In no instance shall a bundle or container weigh more than 18 kilograms (40 pounds). 4.8 The Municipality may designate household hazardous waste days and locations, approved by the Ministry of Environment as may be required, to accept household hazardous materials. 4.9 By notice to the public from time to time, the Municipality may designate days and times for the collection or supply times and locations of drop-offs of major appliances and large household furnishings as defined by this By-law and/or other non-recyclable garbage. 5 4.10 No person shall pick over, interfere with, disturb, remove or scatter any containers of waste which have been set out for collection, provided that, by notice to the public from time to time, the Municipality may designate certain days for the salvaging of major appliances, large household furnishings and/or any other items that may be specified by the Municipality. Section 5 — Requirements for Bayham Garbage Tags 5.1 No person shall set out for collection any plastic bag, as referred to within the definition of "container" pursuant to this By-law, of non-recyclable garbage unless: i. it has a current year"Bayham Garbage Tag" affixed to its exterior; and ii. the current year "Bayham Garbage Tag" is affixed in such a fashion as to be clearly visible to the contractor. 5.2 No person shall set out for collection a container of non-recyclable garbage, save and except with a plastic bag as referred to in Section 5.1 above, unless: i. it has a current year "Bayham Garbage Tag" affixed to the top item inside the receptacle; and ii. the current year "Bayham Garbage Tag" is affixed in such a fashion as to be clearly visible to the contractor upon removal of the receptacle's lid. 5.3 The fee for a current year"Bayham Garbage Tag" shall be as set out in Schedule "A" of this by-law. The payment of such fee shall be made to the Municipality or its authorized agents. 5.4 Any non-recyclable garbage not exhibiting a current year "Bayham Garbage Tag" as reflected in Section 5 of this by-law shall not be collected by the contractor retained by the Municipality to do so. Section 6 — Enforcement 6.1 Every Person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of costs, as prescribed by the Provincial Offences Act, R.S.O. 1990, and c.P.33, as amended. 6.2 - - -In--�ziditr6rvto-any-malty otherwise provided by law, any person foundin contravention of this Bylaw shall also be liable to the Municipality for the cost removal of any waste, refuse, or debris associated with such contravention. 6.3 This by-law shall be enforced by a Municipal Law Enforcement Officer or a Police Officer. Section 7 -Administration 7.1 If any provision of this By-law is declared invalid for any reason by a Court of competent jurisdiction, it is intended that such a provision shall be severed from the By-law and that the remainder of the By-law shall continue in full force and effect. 7.2 This By-law shall come into full force and effect on March 2, 2017. 6 By-law No. 2017-021 Schedule "A" 1. The Municipality shall provide: a) Each Residential Unit with 52 "Bayham Garbage Tags" for the year 2018 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$2.00 per tag. b) Each Place of Business with 86 "Bayham Garbage Tags" for the year 2018 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$2.00 per tag. c) Each Farming Business with 16 "Bayham Garbage Tags" for the year 2018 at no charge to the Farming Business upon the Farming Business providing the Municipality with a valid Farming Business Registration Number. Additional tags may be purchased from the municipality at a cost of$2.00 per tag. 2018 Bag Tag Distribution Property Type No. of Free Tags Residential 52 Commercial 86 Agricultural with Farm No. +16 8 7.3 By-law No. 2012-029 as amended, and 1996-004 as amended, shall be repealed in their entirety READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2"d DAY OF MARCH, 2017. Mayffr 7 I I PROVINCIAL OFFENCES ACT Part I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No. 2017-021 of the Municipality of Bayham, attached hereto are the set fines for those offences. This Order is to take effect September 8th, 2017. i i I Dated at London this 8th day of September, 2017. Stephen J. Fuerth Regional Senior Justice West Region Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO. 2017-021 TITLE: Recycling,Waste Collection MUNICIPALITY OF BAYHAM and Refuse and Debris By-Law ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 1. Throw Refuse or Debris on Land without Consent s. 2.1 $125.00 2. Place Refuse or Debris on Land without Consent s. 2.1 $125.00 3. Deposit Refuse or Debris on Land without Consent s. 2.1 $125.00 4. Permit Refuse or Debris to be Thrown on Land without Consent s. 2.1 $125.00 5. Permit Refuse or Debris to be Placed on Land without Consent s. 2.1 $125.00 6. Permit Refuse or Debris to be Deposited on Land without Consent s. 2.1 $125.00 7. Fail to Remove Recyclable Waste within Permitted Time s. 2.2 $ 85.00 8. Fail to Remove Waste within Permitted Time s. 2.2 $ 85.00 NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-021, a certified copy of which by-law has been filed. Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO. 2017-021 TITLE: Recycling,Waste Collection MUNICIPALITY OF BAYHAM and Refuse and Debris By-Law ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 9. Fail to Remove Containers or Receptacles Used for Refuse or Debris within Permitted Time s. 2.2 $ 85.00 10. Set Out Recyclable Waste Prior to Permitted Time s. 2.3 $ 85.00 11. Set Out Waste Prior to Permitted Time s. 2.3 $ 85.00 12. Set Out Containers or Receptacles for Refuse or Debris Prior to Permitted Time s. 2.3 $ 85.00 13. Fail to Retrieve Uncollected Refuse or Debris Within Permitted Time s. 2.4 $ 85.00 14. Set Out Unpermitted Waste—Not Generated in Municipality s. 3.6 $125.00 15. Set Out Unpermitted Waste—Not Generated on Site s. 3.7 $125.00 16. Set Out Plastic Bag for Collection—No Correct Garbage Tag s. 5.1 $ 85.00 NOTE: The penalty provision(s)for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-021, a certified copy of which by-law has been filed. Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO. 2017-021 TITLE: Recycling,Waste Collection MUNICIPALITY OF BAYHAM and Refuse and Debris By-Law ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 17. Set Out Plastic Bag for Collection—Garbage Tag Not Properly Affixed s. 5.1 $ 85.00 18. Set Out Container of Non-Recyclable Garbage - No Correct Garbage Tag s. 5.2 $ 85.00 19. Set Out Container of Non-Recyclable Garbage - Garbage Tag Not Properly Affixed s. 5.2 S 85.00 NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-021, a certified copy of which by-law has been filed. APPENDIX "B" Maps RFP 12-01, Curbside Waste Management Collection Services Bayham — Garbage Collection Maps MUNICIPALITY OF BAYHAM oxpO'm ADDRESS RANGE MAPPING ��; P . E . R . S Lwur�aawrwww x r a 1 CORINTH J'... 1 1 , r _ ^f � : � I J INCOME EDIEN I t L'tA }I40 9 Far RICHMOND a i II I I CALTON ' I [CCL 57 RFP 12-01, CurbSide Waste Management Collecti on Services Bayham: Straffordville, Vienna, Port Burwell Garbage Collection Maps MUNICIPALITY OF BAYHAM �RANW MAMNO P . E . R . S STRAFFORDVILLE i I I — I Ni9 VIENN iFr Ma PORT BURWELL i s [ccL -- N78 55 RFP 12-01, Curbside Waste Management Collection Services Bayham: Straffordville, Vienna, Port Burwell - Leaf & Yard Collection Map MUNICIPALITY OF BAYHAM ADDRESS RANGE MAMW P . E . R . S STRAFFORDVILLE 1 Lw N78 VIENN I NM PORT BURWELL i a i 1 , II rcck Nrs 62 RFP 12-01, Curbside Waste Management Collection Services Bayham: Calton — Leaf & Yard Collection Map ALTON i I 1 83 RFP 12-02,Curbside Waste Management Collection SerNces Bayham: Corinth — Leaf & Yard Collection Map CORINTH i i eA RFP 12-01, Curbside Waste Management Collection Services Bayham: Eden — Leaf & Yard Collection Map a v r � r `�rPo RT r y nit Te SCP�E e� Y L V HAMLET OF EDEN MUNIOPFLOV OF BAYHAM i CYRIL J. DEMEVERE L/MRED u ffucrrrro anw " "Ltvvms MD,OMr 85 RFP 12-01,Curbside Waste Management Collection Services Bayham: Richmond — Leaf & Yard Collection Map RICHM ND i r i �-, 66 APPENDIX "C" Garbage, Leaf& Yard Waste, and Bulk Material/Large Item Collection Calendars for 2024 Municipality of $AY BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON NOJ 1YO T: 519-866-5521 O.pportu �S�o,�{� F. 519-866-3884 nity E: bayham@bayham.on.ca W: bayham.on.ca 2024 Waste Management Schedule Blue Box Recycling & Household Waste Collection Schedule & Map Regular Collection Schedule F-1 Thursday-Area 3 All residents to the north of Heritage Line,except for the Hamlets of Straffordville and Richmond ■ Wednesday-Area 2 Residents on both sides of Heritage Line and north of Vienna Line and Tunnel Line,includes Straffordville and Richmond ❑ Tuesday-Area 1 Residents on and south of Vienna Line and Tunnel Line, includes Vienna and Port Burwell Richmond (D Straffordville Q Vienna ® Port Burwell 2024 Christmas Holiday Schedule — Pickup: Area 1 — Dec. 24t", Area 2 — Dec. 26t", Area 3 — Dec 27th OTHER HOUSEHOLD ITEMS SUGGESTED DROP OFF LOCATIONS ** Large Household Items Norfolk Disposal (Waterford 1- 800-616-0347), Green Valley Recycling (London 519-681-0606), Try Recycling (London 519-457-1666) Batteries: Automotive &Agriculture Canadian Tire, Bestway Auto Supply(Aylmer), Battery Supply (Aylmer), Rob's Scrap Removal (Straffordville 226-970-1999) Batteries: Residential (single-use) Bestway Auto Supply, Canadian Tire, Staples, Lowe's, The Source, Rona (St Thomas), Rob's Scrap Removal (Straffordville 226-970-1999) Electronics: Computers, printers, fax machines, cell Local Community Groups' Collection Events, Staples, The Source, Station phones, tablets, etc Arts Ctr(Tillsonburg), Rob's Scrap Removal (Straffordville 226-970-1999) Metals (steel, aluminum etc), Appliances w/ FREON Rob's Scrap Removal (Straffordville 226-970-1999) Ink cartridges, toners etc. Staples, The Source Light Bulbs: Low-energy, compact fluorescent (CFL) Rona, Lowe's Medications, sharps, (in proper sharps container) All Pharmacy/Drug Stores (Please contact your local Pharmacy) Oil: Automotive Canadian Tire (Tillsonburg only) Paint (residential only—liquid) Rona (All), Home Hardware (Tillsonburg only), Nu D6cor(Tillsonburg) Propane Tanks Aylmer Propane & Natural Gas (Aylmer), Dodsley Fuels (Tillsonburg) Tires Aylmer Tire Craft, Dagg's Tires (Aylmer), M&J Tire Craft(Tillsonburg), Tillsonburg Tire "All items being accepted at the above locations are subject to change. Please call locations to confirm acceptance. Bins located behind the Port Burwell Fire Hall are for Steel and Electronics ONLY. NO OTHER WASTE IS PERMITTED. WASTE COLLECTION INFORMATION Recycling Blue Box Collection Circular Materials Ontario is responsible through a contract with Norfolk Disposal for residential curbside recycling collection. For any recycling service inquiries please contact Norfolk Disposal directly at 1-800-616-0347 • All recyclables should be set out to the curb by no later than 7 a.m. the morning of your collection day. • Recyclables will be collected the same day as household garbage, as per the schedule on the front of this flyer. • Recyclables must be separated into "2 streams"- glass/plastics separated from paper/cardboard. Household Garbage Collection The Municipality of Bayham is responsible through a contract with Norfolk Disposal for curbside garbage collection. • Garbage includes: all kitchen and table waste, of animal or vegetable origin, resulting from the preparation or consumption of food • Any garbage as a result of day-to-day living, excluding recyclables and hazardous wastes Garbage Collection Requirements • All bags are to be tagged with a current year tag and placed at the curb by 7:00 a.m. the morning of your collection day. • Regular Household Garbage will be collected as per the schedule on the front of this flyer. • Garbage must be placed in a container or securely tied plastic bag having a capacity of not more than .08 cubic metres (2.75 cubic feet), and composed of material not less than 1.4 mil gauge. • Garbage containers must have a total weight, when full, of not more than 18 kilograms (40 pounds). • Any number of bags/containers may be placed curbside each week. Each bag must have a current year Bayham garbage tag affixed so that it is clearly visible for pickup. Do not wrap tag around the neck of the bag, but affix flat so that the whole tag is visible. (No partial tags will be accepted) • If using a container, garbage must not be loose and must have a current year Bayham garbage tag affixed to the top item inside the container visible for pickup. Do not affix the tag to the container/lid. • For the 2024 program, landowners are being supplied 52 tags for each eligible residential unit and 86 tags for each eligible commercial unit. Additional tags may be purchased at a cost of$2.00 per tag. Agricultural properties — those with a valid farming business registration number— are able to obtain an additional 16 tags for 2024 upon verification of the farm tax class at the municipal office. 2024 Urban Area Leaf and Yard Waste Pickup For 2024 leaf and yard waste will be collected curbside within the following urban areas: Calton • Corinth • Eden • Port Burwell • Richmond • Straffordville • Vienna The 2024 Urban Leaf and Yard Waste collection will be carried out on Mondays over a four (4) week period in both the spring and fall 2024 on the following dates: Spring Program — Mondays April 29, May 6, 13 and Tuesday May 21, 2024 (no pickup Monday, May 20) Fall Program — Mondays October 21, 28 and November 4, 11, 2024 Ensure your leaf/yard waste is placed at the curbside by 7:00 am on Monday each week. Each of the above areas receives a minimum of one pickup per week. Pickup will not necessarily occur on your regular waste collection day. All leaf/yard waste must be placed in paper bags, open reusable containers, or bundled in lengths not exceeding four (4) feet. All individual containers must weigh less than 18 kilograms (40 pounds). See website: www.bayham.on.ca for details throughout the year. Curbside Bulk Item Pick-Up The program will be offered during the following months in 2024 —April, May, July, September and October. Registration through the online form with a fee is required. More details on the types of items that can be picked up on the municipal website: www.baVham.on.ca/pages/curbside-bulk-garbage-pick-up-program APPENDIX "D" Bulk Bin Garbage Collection Locations LOCATION BIN SIZES COLLECTION FREQUENCY Straffordville Public Works Building — 20 yard covered bin Weekly 8354 Plank Rd, Straffordville Port Burwell Wastewater Treatment Two 6 yard covered bins Weekly Plant— 1 Chatham St., Port Burwell APPENDIX "E" Bulk Materials Accepted APPENDIX "E" Curbside Bulk Material/Large Item Pick-Up Program Acceptable Item List ACCEPTABLE HOUSEHOLD ITEMS Fixtures 0 Bathtubs • Toilets • Sinks Furniture 0 Sofas • Couches • Desks • Chairs • Tables • Patio furniture • Bedsprings • Mattresses • Bed frames Appliances 0 Refrigerators All Freon type appliances • Air require an Ozone Depletion Conditioners Prevention Tag attached in • Dehumidifiers order to be collected. • Freezers • Dishwashers • Washing Machines • Dryers Carpet 0 Rugs All Carpet, Rugs, Pool • Pool Covers Covers need to be tied to a • Carpet maximum of 4ft. by 2 ft. Odd Items 0 BBQ Propane tanks need to be • Hot water removed before pickup Heaters • Bicycles NOT ACCEPTABLE HOUSEHOLD ITEMS No Business, Commercial, Agricultural and Construction Material. Small Items Loose refuse and rubbish waste Construction Material • Wood, lumber products, Fencing, Decking, Drywall • Masonry Products • Refuse from building repairs • Glass,Windows, Doors • Stone, Concrete,Asphalt, Organic Material 0 Trees, Stumps, Leaves, Branches,Animal Carcasses, Feces Agricultural Waste 0 Fencing, crates, Skids, Plastic Material, Spray Containers Farm Equipment and Parts Automotive equipment and Parts Liquid Waste Oils, Gas, Propane tanks, Fertilizers pesticides or any Hazardous Waste Drums, Fire Barrels Electronics Tires Recyclables Glass Jars, Paper • Cardboard APPENDIX "F" Personnel Policy THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-015 BEING A BY-LAW TO ADOPT A PERSONNEL POLICY MANUAL WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it further necessary to adopt a new Municipality of Bayham Personnel Policy Manual reflecting the required ethical and legal requirements for all Employees of the Municipality; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. THAT a Municipality of Bayham Personnel Policy Manual attached as Schedule "A" be adopted; 2. THAT By-Law No. 2021-005 is hereby repealed in its entirety; 3. THAT this by-law shall take force and effect March 3, 2022. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS V DAY OF MARCH 2O22. MAYOR CLERK MUNICIPALITY OF BAYHAM PERSONNEL POLICY MANUAL 4�AYHA�1 O �t5 Ap°rtunity ls'io PART ONE : INTRODUCTION 2 $p1YH_ 0 Jt9 Aportunity I5Yo SECTION 1 —ABOUT THIS MANUAL 1.1 The Municipality of Bayham is referred to as the Municipality throughout this handbook. All the policies in this manual apply to all employees of the Municipality (including parttime, seasonal, students, etc.), unless specifically excluded in the scope section of a policy. For union employees this policy manual applies except where the collective agreement overrides (has provisions). 1.2 The Municipality, through the CAOICIerk, reserves the right to add, delete, or amend policies at any time due to legal or operational requirements. The CAOICIerk will provide a summary of changes annually to Council in a year in which changes occur. 1.3 If there is a conflict between a policy and an applicable government statute, the statute prevails. 1.4 This manual does not constitute an employment agreement, nor does it confer any special rights or guarantee of continued employment. 1.5 This manual attempts to address all significant operational issues of the Municipality. There may be personnel issues that arise from time to time which are not covered in this manual. If you have an issue not addressed in this manual, please talk to your supervisor or the CAOICIerk. 1.6 The Municipality has taken great care in preparing this manual but realizes that errors and omissions do occur. If you find any spelling, grammatical or other mistakes, please report these to the CAOICIerk. 1.7 All employees are required to be aware of and comply with applicable policies contained in this manual. 1.8 Failure to comply with policies in this manual could result in disciplinary action, as outlined in the Progressive and Corrective Discipline Policy. 1.9 If you are unsure of the application of any policy in this manual, please contact the CAOICIerk for clarification. 1.10 All employees will be given access to a digital copy of this manual when presented with an offer of employment, before starting. All employees are required to sign the acknowledgement form at the beginning of this manual before starting. 3 $p1YH_ 0 Jt9 Aportunity I5Yo 1.11 It is the practice of the Municipality to ask all employees to sign an acknowledgement each year in which changes occur. SECTION 2—ACKNOWLEDGEMENT FORM 2.1 1 have received a copy of the Municipality of Bayham Personnel Policy Manual and I have read and understood the information. 2.2 Management has answered questions to my satisfaction. I understand that, while an employee of the Municipality of Bayham, I am bound to abide by all policies and procedures set forth in this manual. 2.3 1 understand that failure to comply with the policies and procedures set out in this manual may lead to disciplinary action. 2.4 1 also understand that the information in this manual is subject to change as situations warrant. Changes may supersede, revise or eliminate one or more of the policies in this manual. These changes will be communicated through official notices. I accept responsibility for keeping informed of these changes. 2.5 It is the policy of the Municipality of Bayham to have all employees sign this acknowledgement annually as a reminder of all Municipality of Bayham Personnel Policy Manual. Name Signature Date 4 $p1YH_ 0 Jt9 Aportunity I5Yo PART TWO : EMPLOYEE CONDUCT & GUIDELINES SECTION 1 —EQUAL OPPORTUNITY EMPLOYER 1.1 The Municipality's objective is to provide equal employment opportunities without discrimination. The Municipality is committed to hiring, training and developing the best qualified individuals in order to provide the Municipality with the best possible services. 1.2 The Municipality is committed to providing an environment that demonstrates and encourages a fundamental respect for individuals, their rights and their dignity. 1.3 The Municipality makes decisions based on employees, free of discrimination and based on individual skills, initiative and capability, regardless of race, ancestry, place of origin, colour, national or ethnic origin, citizenship, religious beliefs, non-job related disability, age, gender, sexual orientation, marital status, family status, receipt of public assistance or record of offences. The Municipality strives to comply with the Ontario Human Rights Code. SECTION 2—RECRUITMENT&SELECTION 2.1 The Municipality is committed to recruiting and selecting individuals who are the most qualified to perform the requirements of each position available. Candidates for job vacancies may be from existing staff or from outside sources. Where qualifications are deemed equivalent, preference will be given to internal candidates. 2.2 No verbal or written offers of employment, or commitments, are to be made to any job candidate until all appropriate approvals have been obtained and the following process fully completed. 5 $p1YH_ 0 Jt9 Aportunity I5Yo 2.3 The Municipality will follow the following process to fill open positions: 2.3.1 Approval of hire by Council; 2.3.2 Update job description; 2.3.3 Review and finalize pay and benefits for vacant position; 2.3.4 Determine best recruitment channels and implement; 2.3.5 Screen applications, using phone screening, e-mail questions and other screening methods as appropriate; 2.3.6 Conduct first interview; 2.3.7 Conduct second interview, if required; 2.3.8 Prove credentials, as appropriate; 2.3.9 Prove eligibility for employment; 2.3.10 Perform employment testing as appropriate; 2.3.11 Perform background checks including: criminal record, driving record, credit check (as appropriate for position). The candidate must agree in writing to all background checks; 2.3.12 Perform reference checks on at least 3 business references. Reference checks will be carried out in a fair and consistent manner. All references contacted must be approved by the candidate; 2.3.13 Present the successful candidate with a written offer of employment, which outlines all the terms and conditions of employment of the job; 2.3.14 Get offer signed before start date. 2.4 In compliance with federal legislation, new employees, if requested, and as a condition of employment, must present documentation establishing their identity and their eligibility to legally work in Canada. A valid Social Insurance Number (SIN), landed immigrant papers, employment visa, or temporary work permit is deemed sufficient for this purpose. Failure to prove eligibility for employment in Canada constitutes just cause for immediate dismissal, without notice of compensation, in lieu of notice. 2.5 Any misrepresentations, falsifications, or material omissions in any data requested during the hiring documentation process, shall result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment for cause, without notice or compensation in lieu of notice. SECTION 3—EMPLOYMENT AGREEMENTS 3.1 All employees of the Municipality will be provided an employment agreement to be signed, upon hire, when they are transferred or promoted. The employment agreement sets out all the terms and conditions of employment. 3.2 All offers of employment must be signed before starting, will typically include the following in writing, as applicable: 3.2.1 Position title; 6 $p1YH_ 0 Jt9 Aportunity I5Yo 3.2.2 Employment classification; 3.2.3 Working location; 3.2.4 Job duties (attach job description); 3.2.5 Reports to; 3.2.6 Start date; 3.2.7 Normal hours of work; 3.2.8 Probationary period; 3.2.9 Eligibility to work in Canada; 3.2.10 Starting pay step; 3.2.11 Starting pay; 3.2.12 Payroll deductions; 3.2.13 Eligibility for overtime; 3.2.14 Eligibility for benefits; 3.2.15 Vacation; 3.2.16 Requirement for driver's license; 3.2.17 Right to layoff; 3.2.18 Policy manual acknowledgement. Employees are required to sign an acknowledgement of receipt and compliance before starting. Any questions will be answered before starting; 3.2.19 Right to use discipline and suspension without pay; 3.2.20 Termination of employment. 3.3 Reference individual policies for more details. 3.4 There may be a need for additional terms of employment, depending on the position. SECTION 4—PROBATIONARY PERIOD 4.1 All newly hired employees are subject to a probationary period beginning from their date of hiring with the Municipality, to assess their suitability to become a permanent employee. 4.2 The purpose of probationary employment is to determine employee's skill in performing their duties and ability to adjust to the working environment. It is intended to assist the employees to identify strengths and gaps in their job performance and to develop corrective strategies if necessary. 4.3 The probationary period will normally be three (3) months of active employment. Probationary periods for department heads are six (6) months. The probationary period may be reduced or extended to a maximum of one (1) year, at the discretion of the CAOICIerk. Active employment is defined to exclude any leaves. 7 $p1YH_ 0 Jt9 Aportunity I5Yo 4.4 Prior to completion of the probationary period, the supervisor will meet with the employee to review the employee's performance and recommends to the CAOICIerk whether to make employment permanent or not. 4.5 The Municipality or employee may end the employment relationship without notice, for any reason during the probationary period, unless the employment agreement or statute specifies otherwise. If the Municipality ends employment, it will pay the payment in lieu of notice as required by statute. SECTION 5—EMPLOYEE CLASSIFICATIONS 5.1 All employees of the Municipality will be classified into the following classifications. The employee's classification will be set out in their employment agreement. If an employee is uncertain about their employment classification, please contact their immediate supervisor or CAOICIerk. 5.2 Payroll: 5.2.1 Hourly; 5.2.2 Salary. 5.3 Employment: 5.3.1 Permanent full-time is an employee whose regular scheduled work week is at least twenty-four (24) hours per week; 5.3.2 Permanent part-time is an employee whose regular scheduled work week is less than twenty-four (24) hours per week; 5.3.3 Seasonal is an employee hired for a particular season with definite start and end dates; 5.3.4 Casual is an employee that is called in on an as needed basis; 5.3.5 Student is an employee who is currently enrolled in a recognized educational institution. A student may work on a part-time or seasonal basis; 5.3.6 Contract is an employee who is hired for a specific project for a specified length of time; 5.3.7 On leave (inactive) is an employee who is still in the employment of Municipality, may be receiving benefits but is not working and not being paid; 5.3.8 Probation is an employee who has not completed their probationary period. SECTION 6—PERFORMANCE EVALUATIONS 6.1 The Municipality is committed to providing full and part time employees with feedback and development opportunities on job performance goals and objectives. 6.2 The employee's supervisor will evaluate the employee's job performance prior to completion of the probationary period and annually thereafter in the designated month. 8 $p1YH_ 0 Jt9 Aportunity I5Yo 6.3 The purpose of the Performance Evaluations is to: 6.3.1 Establish whether a probationary employee meets the performance standards required to successfully complete their probation; 6.3.2 Focus maximum attention on the achievement of the employees assigned duties as listed in their job description; 6.3.3 Create a tool that enables the employees manager to accurately assess the employees strengths and weaknesses and relate these assessments to current and future needs; 6.3.4 Challenge the employee to continually improve their performance and personal effectiveness; 6.3.5 Involve the employee in planning and implementation of their job related goals and objectives; 6.3.6 Objectively relate placement on the approved salary grid to performance. 6.4 Performance evaluations are retained in the employee file and available upon request. SECTION 7—CONFIDENTIALITY 7.1 The Municipality operates as a municipal government in Elgin County. Employees may have access to or become familiar with confidential municipal information, by reason of their employment with the Municipality. 7.2 Confidential information may include, but is not limited to: compensation data, personal employee information, taxpayer and user accounts, collection rolls, contracts, drawings, sources of supply, pricing, financial information, land purchases and sale, etc. If an employee is uncertain as to what information is confidential and what is not, the employee will discuss with their manager or CAOICIerk. 7.3 All employees of the Municipality, as a condition of employment, will ensure that municipal information pertaining to clients, employees or other municipal business that may be acquired in connection to their employment with the Municipality is held in strict confidence, during and subsequent to the employee's employment with the Municipality. 7.4 All municipal employees must sign a Confidentiality Agreement as a condition of initial and continuing employment to ensure the security and protection confidentiality of municipal records and information. 7.5 Employees may share confidential information with each other, if entitled to, only in a private area of the workplace, and only when that information is required for the effective delivery of programs or services. 9 $p1YH_ 0 Jt9 Aportunity I5Yo 7.6 Employees are not to disclose or discuss such confidential information in public places or with members of their families. 7.7 Employees are prohibited, unless authorized, from removing temporarily or permanently, any confidential information stored in any form, including files, documents, tapes, computer disks and digital and electronic data or other media from any municipal premises. SECTION 8—PRIVACY, PERSONAL INFORMATION & PERSONAL RECORDS 8.1 The Municipality is committed to protecting the privacy and confidentiality of the personal information of its employees, customers, and other stakeholders. This policy outlines the rules for collecting and preserving the personal information of all stakeholders. 8.2 All employees are expected to keep their own personal information confidential. 8.3 All municipal personnel that are authorized to collect and store personal information and records of employees, customers, and other stakeholders, are accountable to ensure the personal and private information, to which they may have access, remains confidential and is only used for the purpose collected; is not disclosed without proper authorization, or used for personal gain. Employees who disclose personal information, contrary to this policy, will be subject to discipline. 8.4 The CAOICIerk and Treasurer are accountable to obtain proper written consents before releasing any personal information of employees. 8.5 The CAOICIerk is responsible for the municipal compliance with the applicable privacy statutes, including the Municipal Freedom of Information and Protection of Privacy Act. 8.6 The CAOICIerk will ensure there are systems and training in place, to safeguard personal information of all employees, customers, and other stakeholders. 8.7 During the course of employment with the Municipality, employees will be required to provide various private and personal information (such as date of birth, SIN, home address, etc.) to designated Municipality personnel. In addition, during the course of employment, various others documents (such as performance reviews, discipline, medical information, etc.) will be generated, in order for the Municipality to properly administer employment, payroll and benefits, in accordance with employment laws and Municipality policies. 8.8 The Municipality maintains one central personnel file for each employee containing all the above information. 10 $p1YH_ 0 Jt9 Aportunity I5Yo 8.9 If your personal contact information or personal situation changes (example: marital status or children), it is important for you to inform the Treasurer immediately. This is especially true if you are on any leave. 8.10 All employee personal information will be kept confidential and used only for employment, payroll, and benefits purposes. 8.11 At termination, personnel files are maintained for seven years and then disposed of in a secure manner. 8.12 After termination of employment, reference requests from third parties, related to an employee's employment at the Municipality, will only be answered with written authorization from the employee. 8.13 An employee may review their personnel file by making an appointment with the CAOICIerk. SECTION 9—CONFLICT OF INTEREST 9.1 Employees of the Municipality are expected to conduct themselves with personal integrity, ethics, honesty and diligence in performing their duties for the Municipality. 9.2 Employees are required to support and advance the interests of the Municipality and avoid placing themselves in situations where their personal interests actually or potentially conflict with the interests of the Municipality. 9.3 A conflict of interest refers to a situation in which private interests or personal considerations may affect an employee's judgement in acting in the best interest of the Municipality. It includes using an employee's position, confidential information or municipal time, material or facilities for private gain or advancement or the expectations of private gain or advancement. A conflict may occur when an interest benefits any member of the employee's family, friends or business associates. 9.4 Employees who knowingly have financial interests in a Municipality contract, sale or other business transaction, or have family members, friends or business associates with such interests, must not represent or advise the Municipality in such transactions, or benefit from such conflict. 9.5 Employees are responsible to determine if their personal or family business or property interest may be in conflict with the business of the Municipality. If the employee realizes there is a potential for conflict of interest, the employee should immediately notify, in 11 $p1YH_ 0 Jt9 Aportunity I5Yo writing to their supervisor and/or the CAOICIerk. The employee should do whatever they can to either remove themselves from the interest or from the decision-making process relative to the interest. 9.6 The Municipality is committed to avoiding any potential conflict of interest that may arise when relatives are in a reporting relationship in the workplace. Relatives of persons currently employed at the Municipality, or relatives of a member of Council or a local board, may be hired only if they will be employed in a position that does not directly report to or supervise the relative. The employee will not be able to be transferred into such a reporting relationship with a relative. 9.7 For purpose of this policy, a relative is defined as: 9.7.1 Spouse; 9.7.2 Common-law spouse; 9.7.3 Child/Step-Child; 9.7.4 Brother/Brother-in-law; 9.7.5 Sister/Sister-in-law; 9.7.6 Mother/Mother-in-law; 9.7.7 Father/Father-in-law; 9.7.8 Common-law mother/father; 9.7.9 Spouse's mother/father; 9.7.10 Spouse's Common-law mother/father; 9.7.11 Grandparents/Spouse's Grandparents; 9.7.12 Aunt-Uncle/Spouse's Aunt/Uncle; 9.8 All employees are required to report relationships to the Municipality that would make them in violation of this policy. If the relationship is found to have been deliberately concealed from the Municipality at the time the relative is hired, or thereafter, the Municipality may make immediate changes to the reporting relationship and both parties may be subject to disciplinary actions, up to and including termination. If the relative relationship is established after employment, the individuals concerned will decide who is to be transferred. If the decision is not made within thirty (30) calendar days, management will decide. 9.9 Employees shall not engage in any outside employment or business dealings that interfere with the performance of their regular duties, or from which they might derive personal benefit or gain by virtue of their employment with the Municipality. 9.10 An employee may hold a job with another organization as long as they satisfactorily performs their job responsibilities with the Municipality. If the Municipality determines that employee's outside work interferes with performance or the ability to meet the requirements of the Municipality as they are modified from time-to-time, the employee 12 $p1YH_ 0 Jt9 Aportunity I5Yo may be asked to terminate outside employment if he/she wishes to remain with the Municipality. 9.11 If someone other than the employee reports the interest, the supervisor will investigate it immediately. The employee in question will be immediately removed from the decisionmaking that involves the interest. 9.12 When an employee reports a conflict of interest to their supervisor, it should be in writing. The supervisor will share the conflict of interest with the CAOICIerk. If the employee alleges wrongdoing on the part of the Municipality or its Council members, officers, employees, agents or contractors, they should report this in writing directly to the CAOICIerk. SECTION 10—PARTICIPATION ON COMMITTEES 10.1 The Municipality supports employees participation on internal and external committees for the mutual benefit of the Municipality and the employees, provided their supervisor is in agreement, and there are no conflicts that may arise including work demands and/or conflicts with the interests of the municipality. 10.2 The Municipality encourages employees to sit on internal committees. Employees are required to discuss membership on an internal committee with their supervisor prior to acceptance, to identify any conflicts that may arise which may involve workload issues and scheduling conflicts between committee meetings and work demands. 10.3 Employees may also receive invitations to serve on external committees, agencies, boards, etc. If an employee anticipates that scheduling conflicts might arise with their job responsibilities, the employee should discuss with their supervisor. 10.4 Employees should refrain from direct involvement in a local government political campaign in the Municipality. Employees may be involved in provincial, federal or other local Municipal campaigns as long as this involvement does not affect the objectivity with which they must discharge their duties. SECTION 11 —PROGRESSIVE &CORRECTIVE DISCIPLINE 11.1 The Municipality recognizes that in every organization, discipline is necessary in order to maintain a working environment in which employees willingly and promptly perform their responsibilities and abide by the standards of conduct and other human resource policies. The Municipality may use progressive discipline at its discretion, to alter unacceptable employee behaviour to conform to acceptable work standards. The goals are: 13 $p1YH_ 0 Jt9 Aportunity I5Yo 11.1.1 To provide employees with advance warning that certain actions and/or behaviours are inappropriate and that a positive change is necessary; 11.1.2 To ensure fair and consistent corrective action for all employees; 11.1.3 To provide written documentation of behavioural or performance issues and the corresponding action that was taken; 11.1.4 To inform the employees of consequences of unacceptable behaviour before it happens; 11.1.5 It is expected that the need for disciplinary action will be minimal. 11.2 Purging of the employees record of discipline after 24 months providing the employee has not had any further disciplinary actions during that period, with the exception of incidences related to workplace violence and harassment. 11.3 The nature of the circumstance will dictate the level of disciplinary action taken and with the discretion of the Manager and/or CAOICIerk. Disciplinary action may include all or any combination of the following, and is not limited to: 11.3.1 Informal Discussion: Casual, private discussion between the supervisor and the employee will result when specific deficiencies in work conduct are noticed. The majority of problems are corrected this way and do not recur. This discussion may or may not be documented depending on the seriousness of the deficiency. 11.3.2 Final Verbal Warning: An employee who fails to correct a problem that was discussed informally will receive a verbal warning. This is a serious warning directing the employee to improve the specified problems immediately. It involves a formal discussion in a private area. The supervisor will outline what the issues are and exactly what must be done to correct them. An action plan of improvement and assistance will be jointly created. The supervisor will document the discussion, and both parties will sign at the end of the discussion. A copy will be placed in the employee's personnel file and the employee will receive a copy. 11.3.3 First Written Warning: If a subsequent violation occurs, the supervisor will issue a formal written warning with a copy to the employee's file. The employee and supervisor will meet in a private area to revisit the problem and/or issue, set specific written goals, deadlines and discuss assistance required for immediate improvement. A record of the meeting is prepared which both the supervisor and employee sign. One copy is given to the employee and one goes to the employee's personnel file. 11.3.4 Second Written Warning: The CAOICIerk is consulted prior to the commencement of this step. A meeting and documentation is completed once again as above, and both parties sign the documentation from the meeting. Included in the second written warning is the possibility of suspension from work with or without pay. 11.3.5 Final Written Notice: Written notice of termination of employment is given to the employee and the employment is terminated. This step requires the written approval of the CAOICIerk. 14 $p1YH_ 0 Jt9 Aportunity I5Yo SECTION 12—CONFLICT/PROBLEM RESOLUTION 12.1 The Municipality is committed to providing a workplace free of conflict, where all employees are treated with fairness, dignity and respect. This policy is intended to provide employees with a process to raise unresolved conflicts or problems related to their employment at the Municipality, in order to facilitate a fair & prompt resolution. Problems need to be resolved promptly so they don't fester. Ideally an Employee should start using this resolution process no later than 14 days after any incident. An employee should not fear discrimination or reprisal in the workplace, as a result of using this policy. 12.2 The following are the type of conflicts and problems that could arise and require the use of this policy. Note: possible incidents of discrimination, harassment or violence must be addressed through the Workplace Discrimination, Harassment and Violence Procedure. 12.2.1 Unresolved disputes with co-workers or supervisors; 12.2.2 Perceived unfair or inequitable treatment; 12.2.3 Abuse of authority; 12.2.4 Inconsistent or improper application of municipal policies; 12.2.5 Other matters that make a Municipal employee consistently uncomfortable. 12.3 Often workplace conflicts may arise as a result of someone having a bad day for various personal reasons. Also differing personalities and differing behavioral traits can lead to misunderstandings. Employees need to work with each other in an open, constructive, understanding and supportive manner to avoid blowing a minor infrequent disagreement out of proportion. 12.4 Employees encountering an unresolved significant issue should follow the steps listed below in the order presented. All details of an issue must be kept confidential by all parties involved to maximize the likelihood of a fair resolution. 12.4.1 Employees are encouraged to try to resolve all issues with the other staff member in a confidential, calm and professional manner. 12.4.2 If Section 12.4.1 is unsuccessful, the staff member should discuss the matter with their immediate supervisor and get them to assist with a resolution. 12.4.3 If Section 12.4.2 is unsuccessful or inappropriate the staff member can then escalate the matter to the CAOICIerk by making a formal complaint. The CAOICIerk will then ask for details of the formal complaint in writing from the employee making the complaint and conduct an appropriate thorough proper investigation possibly involving witnesses. If the matter is serious enough, a qualified independent third party may be required to assist to advise on the appropriate steps for the investigation or actually to perform the investigation. 12.4.4 If Section 12.4.3 is unsuccessful or inappropriate the staff member can inform the CAOICIerk of their intention to escalate the matter to the Mayor by making a formal complaint. Escalating any workplace matter to the Mayor should be a rare 15 $p1YH_ 0 Jt9 Aportunity I5Yo occurrence and only done as a last resort with serious incidents. The employee should not approach any other member of Council or staff member concerning a complaint. 12.4.5 If the Mayor is asked to get involved with a workplace issue, they will first consult with the CAOICIerk to ensure the employee has followed this policy properly and the matter requires the Mayor's attention. 12.4.6 If it is determined that the Mayor should get involved, the Mayor will then ask for details of the formal complaint in writing from the employee making the complaint and conduct an appropriate thorough proper investigation possibly involving witnesses. If the matter is serious enough, a qualified independent third party may be required to assist to advise on the appropriate steps for the investigation or actually to perform the investigation. 12.4.7 The Mayor with the assistance of CAOICIerk as appropriate, will investigate and attempt to resolve the issue to the satisfaction of all concerned. 12.4.8 It may be necessary to invocate other Municipality policies such as the Progressive & Corrective Discipline Policy. 12.4.9 Once the investigation is complete, the Mayor and/or CAOICIerk as appropriate, will inform the parties involved as to the resolution of the formal complaint. The Employee making the complaint and other parties involved are not entitled to copies of any related report, investigation or the exact details of the outcome. This is to ensure confidentiality is maintained. 12.5 The Municipality will document the use of this policy any accompanying documentation, and findings in the personnel files of those involved. 12.6 Employees should be cognizant of the fact that a formal complaint against another employee is a serious allegation with repercussions. 12.7 If a complaint is found to be either false or frivolous, or where supporting documentation for a complaint has been falsified, the complainant or witness may be subject to disciplinary measures. SECTION 13—GIFTS, GRATUITIES& MONETARY BENEFITS 13.1 No employee shall solicit or accept any gift or accept or receive a fee, advance, cash or personal benefit that is directly or indirectly connected with the performance of his or her duties of employment. For the purposes of this provision any gift provided to an employee's child, parent or spouse with the employee's knowledge shall be deemed to be a gift accepted by that employee; 13.2 The Municipality recognizes that moderate hospitality and participation in charitable nonprofit fundraising and business events is an accepted facet of community participation 16 $p1YH_ 0 Jt9 Aportunity I5Yo and business relationships. Accordingly, the following types of gifts are recognized as exceptions to the prohibition in Section 13.1: 13.2.1 gifts that are received as an incident of protocol or social obligation that normally and reasonably accompany the responsibilities of employment; 13.2.2 token gifts such as souvenirs, mementoes and commemorative gifts that are given in recognition of service on a committee for speaking at an event or representing the Municipality at an event; 13.2.3 food and beverages consumed at lunches, dinners, charity fundraisers, banquets receptions, ceremonies or similar events if the Employee's attendance serves a legitimate municipal purpose; 13.2.4 communications to the Municipality including subscriptions to newspapers and periodicals; 13.2.5 compensation authorized by law; 13.2.6 services provided without compensation by persons volunteering their time; 13.2.7 gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies, cultural events, sporting events, business galas, political events and similar events if the employee's attendance serves a legitimate municipal purpose; 13.3 Within 30 days of receipt of any gift described in Section 13.2, employees shall file a written disclosure statement with the CAOICIerk (or with the Mayor for the CAOICIerk)for any gift that exceeds $200 in value. Every disclosure statement shall indicate: 13.3.1 the nature of the gift; 13.3.2 its source and date of receipt; 13.3.3 the circumstances under which it was received; and 13.3.4 its estimated value. 13.4 Every disclosure statement to the CAOICIerk or Mayor for the CAOICIerk shall be a matter of public record. 13.5 The CAOICIerk or Mayor shall report to Council annually on all gifts received by Members that are disclosed in accordance with Section 13.2, if any. 13.6 The CAOICIerk or Mayor shall examine every disclosure statement filed with them to ascertain whether the receipt of the gift might in their opinion create a conflict between a private interest and the public duties of the Employee. 13.7 If the CAOICIerk or Mayor makes a preliminary determination of a conflict the Member shall be asked to justify receipt of the gift 13.8 If the CAOICIerk or Mayor determines that receipt of the gift was prohibited the CAOICIerk or Mayor will issue discipline through the Progressive & Corrective Discipline process. 17 $p1YH_ 0 Jt9 Aportunity I5Yo SECTION 14—DISCRIMINATION &HARASSMENT IN THE WORKPLACE 14.1 Every employee of the Municipality has the right to receive fair treatment and to work in an environment that is free from discrimination and harassment. The Municipality is committed to providing a workplace free of discrimination and harassment in which all employees can be treated with dignity and respect. This policy will be reviewed as necessary, and at least on an annual basis. 14.2 The Municipality conducts business and treats all employees in accordance with all applicable Human Right's legislation. The Municipality does not condone and does not tolerate harassment of any kind. 14.3 Employees shall not be harassed or discriminated against by the employer, by anyone acting as an agent for the employer or by another employee because of race, ancestry, place of origin, ethnic origin, citizenship, religion, creed, colour, sex, sexual orientation, age, record of offences for which a pardon has been granted, family status, handicap or any other grounds prohibited under the Ontario Human Rights Cod. Harassment undermines an individual's self-respect and adversely affects work performance and well-being. 14.4 Supervisors, who do not exercise their responsibility to prevent or discourage harassment of or by their employees, are considered to be as guilty of violating this policy as if they had committed the harassment. Therefore, any supervisor who willfully disregards a report of harassment of/by their employees may be subject to discipline up to and including dismissal. 14.5 Workplace harassment means different things to different people and may be influenced by cultural, religious background, and/or geographical location. Workplace harassment means engaging in a course of vexatious comment or conduct against an employee in a workplace that is known or ought reasonably to be known to be unwelcome. Workplace harassment may include conduct which is offensive, embarrassing, or humiliating to others, and may further include visual representation, electronic messages, written messages, verbal and/or physical conduct. Unwelcoming behaviours may create hostile work environment. 14.6 Sexual harassment is a specific form of harassment. It may include behaviours that are not necessarily sexual in nature, but relate to the person's gender and demeans, belittles or causes personal embarrassment to the recipient. These behaviours are known or ought reasonably to be known to be unwelcome. 14.6.1 Examples of sexual harassment and inappropriate gender-related behaviour include, but are not limited to, comments, gestures and non-verbal behaviour, 18 $p1YH_ 0 Jt9 Aportunity I5Yo visual materials and physical contact. Comments made or actions taken may not be intended to offend another person. However, intent is not a prerequisite to establishing that behaviour is discriminatory. 14.7 Abuse of authority means an individual's use of power and authority inherent in the position held in a manner which serves no legitimate work purpose and which ought reasonably to be known to be inappropriate. It includes misuses of power that are intimidating, coercive or demeaning. The legitimate and proper exercise of employer's right to supervise or manage (for example, performance reviews, work evaluations and disciplinary measures taken for any valid reason) does not constitute harassment under this policy. 14.8 Psychological harassment is bullying or humiliating behaviour that has the following components: 14.8.1 Generally repetitive, although a single serious incident of such behaviour may constitute psychological harassment if it undermines the recipient's psychological or physical integrity and has a lasting harmful effect, 14.8.2 Hostile, abusive or inappropriate, 14.8.3 Affects the recipient's dignity or psychological integrity, 14.8.4 Results in a poisoned work environment 14.9 Not all conflict at work constitutes bullying or psychological harassment and it should not be confused with legitimate management actions or normal human conflict. 14.9.1 Appropriate direction, evaluation or discipline by a supervisor; 14.9.2 Stress associated with the performance of job duties; 14.9.3 Friendly teasing or bantering that is mutually acceptable; and 14.9.4 Friendly or romantic behavior that is welcome and mutual. 14.10 There are three ways in which a person might suffer discrimination: 14.10.1 Directly: where a person treats another person unequally or differently because he/she is a member of a group of persons who are identified by a prohibited grounds under the Human Rights Code. 14.10.2 Indirectly: where a person causes another person to act on their behalf and discriminates against a person because of their membership in a group of persons who are identified by a prohibited ground under the Human Rights Code. 14.10.3 Constructively: where a neutral requirement, qualifications or factor has an adverse impact on members of a group of persons who are identified by a prohibited ground of discrimination under the Human Rights code. 14.11 The legitimate and proper exercise of the employer's right to supervise or manage (for example, performance reviews, work evaluations and disciplinary measures taken for any valid reason) does not constitute harassment under this policy. 19 $p1YH_ 0 Jt9 Aportunity I5Yo 14.12 Hiring, performance/salary reviews, discipline, transfer, promotion, termination and other career decisions must be based solely on work criteria. 14.13 An employee who believes they are being harassed should: 14.13.1 Make it known that the action is unwelcome and will be reported unless it is stopped immediately. 14.13.2 Keep a written record of dates, times, and nature of behaviour and witnesses, if any. 14.13.3 If the harassment continues, speak to an uninvolved supervisor and confirm the complaint in writing to the uninvolved supervisor and/or CAOICIerk. 14.13.4 Employees should note that failure to keep a diary of the event may invalidate the complaint but a record will, however, reinforce it. 14.14 Notwithstanding Section 14.13, If the CAOICIerk the alleged perpetrator, or directly involved in the incident, the worker may report to one of the designated third-parties identified below: ■ Ward and Uptigrove Human Resources Solutions ■ Email: HRresults(@w-u.on.ca ■County of Elgin Human Resources ■ Email: athomson(cD-elgin.ca or sgodby(aD-elgin.ca 14.15 Management has the responsibility to respond immediately to complaints of harassment in accordance with the following steps: 14.15.1 Inform the complainant that an investigation is being conducted, 14.15.2 Interview both parties as soon as possible, 14.15.3 Interview any witnesses, 14.15.4 Interview past and present employees, if necessary, to determine if harassment has occurred, 14.15.5 Warn all parties that all interviews and information must be kept confidential, 14.15.6 Consult the Human Rights Commission, if necessary, before responding to the complaint, 14.15.7 Render the decision and discuss the findings with the alleged harasser. 14.16 If the allegations are found to have substance, then management may determine the appropriate level of discipline, up to an including immediate termination of the harasser. If the allegations are found not to have substance, the investigator will maintain a confidential file on the allegations in the CAOICIerk office. The complainant will assured that there will be no recrimination because of complaint. 20 $p1YH_ 0 Jt9 Aportunity I5Yo 14.17 If you are at fault, immediately cease the behaviour that the complainant finds offensive and apologize to the complainant. Failure to cease this behaviour will leave you vulnerable to a formal complaint and to discretionary action up to and including dismissal if the complaint is substantiated. 14.18 If you believe that the complaint is unfounded and/or made in bad faith, discuss the matter with your supervisor. 14.19 If you are named as the harasser in a complaint, the investigative procedure for such complaints is a comprehensive one and will involve your supervisor and other parties as deemed necessary. 14.20 If any event, document your version of the alleged incident, including times, place and witnesses. SECTION 15—VIOLENCE IN THE WORKPLACE 15.1 The Municipality is committed to prevention of workplace violence and is ultimately responsible for worker health and safety. The Municipality will take whatever steps are reasonable to protect workers of the Municipality from workplace violence. 15.2 This policy applies to all activities that occur while on Municipal premises or while engaging in work-related activities or social events. Any act of violence committed by or against any member of the workplace or member of the public is unacceptable conduct that will not be tolerated. Everyone is expected to uphold this policy and to work together to prevent workplace violence. 15.3 Workplace violence is defined as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It also includes an: 15.3.1 attempt to exercise physical force against a worker in a workplace, that could cause injury to the worker; and a 15.3.2 statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. 15.4 The following list of behaviours, while not exhaustive, provides examples of conduct that is prohibited: 15.4.1 Threatening behaviour—shaking fists, destroying property, or throwing objects 15.4.2 Property damage —theft, destroying property, vandalism, sabotage of equipment, or arson 15.4.3 Verbal or written threats—any expression of intent to inflict harm 15.4.4 Bullying and intimidation 21 $p1YH_ 0 Jt9 Aportunity I5Yo 15.4.5 Verbal abuse—swearing, insults or threatening language 15.4.6 Psychological trauma — includes stalking 15.4.7 Physical attacks or assaults— hitting, shoving, pushing or kicking 15.4.8 Murder 15.4.9 Sexual Assault 15.5 Workplace violence can occur at off-site municipal business-related functions, at social events related to work, or away from work but resulting from work, e.g.: a threatening telephone call to an employee's home from a member of the public. 15.6 Any individual who assaults a staff member is liable to be charged under the Criminal Code of Canada and the staff who has been a victim of such violence has the right to bring charges against the aggressor. All staff is entitled to the support outlined in this policy whether or not charges are pursued. 15.7 The workplace includes all locations where business or social activities of the Municipality are conducted. Violence in the workplace may also include incidents that happen away from work (e.g., unwelcome phone calls or visits to a person's home) if it is connected to the victim's employment with the Municipality. 15.8 The term "domestic violence" refers to a broad range of behaviours that may be perpetrated by one person against his or her partner with the aim of securing and maintaining control, power, and/or domination over the partner. Such behaviours include, but are not limited to, coercive physical, psychological, sexual, economic and/or emotional abuse and threats. 15.9 To ensure early identification and prevention of violence in the workplace, all staff are responsible for reporting to their immediate supervisor any incident committed by another staff member, volunteer, co-op placement, student, agents of the Municipality, consultants, and contractors, or a member of the public of Council, that constitutes a potential or actual threat of violence towards a staff member, especially if one or more of the following factors is known to be present or to have occurred (the list is not exhaustive): 15.9.1 Threatening statements to do harm to self or others 15.9.2 References to other incidents of violence 15.9.3 Intimidating behaviour such as insubordination, open defiance, pestering or confrontational behaviour 15.9.4 History of violent, reckless, or anti-social behaviour 15.9.5 Recent marked decline in performance 15.9.6 Major change in personality, mood, behaviour, or standards of personal grooming 15.9.7 Obsessions with persons or things, particularly weapons 15.9.8 Experiencing what appears to be serious stress in personal life 15.9.9 Substance abuse 22 $p1YH_ 0 Jt9 Aportunity I5Yo 15.10 Such reports may be made confidentially at the staff's request, with the exception of steps taken to ensure the safety of others and the prevention of recurrence. For example, confidentially may not be assured where it becomes necessary for the Municipality to file a police report. 15.11 If you are the victim of, or are a witness to, a violent incident in the workplace, contact your immediate supervisor, or dial 911. 15.12 The Municipality will ensure that this policy is implemented and maintained, and that all workers and supervisors have the appropriate information and instruction to protect them from violence in the workplace. 15.13 Supervisors are responsible for ensuring that measures and procedures are followed by workers and that workers have the information that they need to protect themselves. 15.14 All workers are encouraged to raise any concerns about workplace violence and to immediately report any violent incidents or threats to your supervisor or another member of management. There shall be no reprisal against individual who, in good faith, reports an incident of violence or participates in an investigation. 15.15 No employee or any other individual affiliated with the Municipality shall subject any other person to workplace violence or allow or create conditions that support workplace violence. An employee that subjects another employee, client, or other person to workplace violence may be subject to disciplinary action up to and including termination. 15.16 Management pledges to investigate and deal with all incidents and complaints of workplace violence in a timely and fair manner, respecting the privacy of all concerned. 15.17 Employees are to report a situation that he/she believes is workplace violence under this Program. A report may be made by the actual victim of alleged workplace violence; by a co-worker who witnessed the incident(s); or by a third party reporting on behalf of the victim(s). Employees who, with an honest and good faith belief, provide information about behaviour or actions which they perceive as threatening or potentially violent will not be subject to disciplinary or other form of reprisal if their perceptions are not substantiated. 15.17.1 However, if it is learned that an employee intentionally made a false report or provided false information regarding the report, disciplinary action up to and including termination may be taken against that employee. 15.18 A report should normally be made as soon as possible after the relevant action or behaviour occurred. Promptness in reporting protects the safety of all employees, as well as the rights of both the person making the report and who is the subject of a report. 15.19 Although an employee may choose to make a verbal report, it is in the best interest of all concerned to provide a written report, which should contain a brief account of the incident, 23 $p1YH_ 0 Jt9 Aportunity I5Yo when it occurred, the person(s) involved and the names of witnesses, if any. The report should be signed and dated. An employee making a verbal report may be required to provide their report in writing. 15.20 A report under this Program may be submitted to the supervisor, manager, department head of either the employee who made, or is the subject of, a report, or CAOICIerk. If the report is submitted to the supervisor or manager, it shall be referred directly to the department head and CAOICIerk within two (2) working days of receipt. The CAOICIerk will investigate, or assign another senior manager trained in workplace violence investigations to investigate the situation and to report back with recommendations, or retain an external investigator. 15.20.1 If the CAOICIerk the alleged perpetrator, or directly involved in the incident, the worker may report to one of the designated third-parties identified below: ■Ward and Uptigrove Human Resources Solutions ■ Email: HRresults(a�w-u.on.ca ■ County of Elgin Human Resources ■ Email: athomson(a)elgin.ca or sgodbyCcDelgin.ca 15.21 To the extent possible, the investigator shall ensure that the incident is investigated promptly and fairly, in a discreet and confidential manner so as to minimize embarrassment to all parties. The identity of the complainant will be kept confidential to the extent possible during the investigation process as soon as is reasonably practicable, the person assigned shall initiate the investigation by meeting with the individual who made the report. The individual may be accompanied by another employee of their choice in any meeting with the investigator. The investigator shall confirm receipt of the report, clarify details, and apprise the individual of the steps that will be taken. The Investigator will also make all appropriate inquiries of the alleged victim and/or any witnesses to determine the nature and severity of the incidents alleged. 15.22 After speaking with the applicable department head or designate, the investigator has the authority, subject to applicable laws, to talk with anyone, examine any documents, and enter any work locations that are relevant to the reported incident. 15.23 If Police Services request that the Municipality delay its investigation pending the completion of a police investigation, the investigator will cease his or her investigation until CAOICIerk approves of its continuation. 15.24 An employee who is the subject of a report and who refuses to discuss potentially violent behaviour or cooperate in attempts to assess or defuse the risk of workplace violence may, if information is uncovered through fact-finding to establish a reasonable possibility of risk, be suspended without pay and benefits until he/she agrees to cooperate and provides proof of cooperation. Refusal to co-operate may result in dismissal if the employee has 24 $p1YH_ 0 Jt9 Aportunity I5Yo received written notice to that effect and has been given a reasonable opportunity to cooperate. 15.25 Interventions that may form part of a risk assessment or plan of action for an employee who is the subject of a report or investigation may include referral to the employee's physician, use of short-term disability plan or temporary leave of absence, referral to counseling and other services, fitness-for-duty evaluation and other appropriate interventions. More serious situations may warrant suspension, obtaining appropriate court orders, and/or police involvement. 15.26 Depending upon the circumstances, the department head or CAO may determine that it is appropriate to physically and/or operationally separate the employee who made, and the employee who is the subject of the report, until the investigation has been completed. In more serious situations, the Municipality may suspend the employee who is the subject of the report pending the investigation. 15.27 Once the investigation is complete, the investigator will submit a confidential written document to CAOICIerk. The document will summarize the investigator's findings and conclusions and will recommend corrective action if appropriate. 15.28 A conclusion about whether a specific incident of workplace violence did or did not occur should be based upon the balance of probabilities. If the findings do not support the initial report, the investigator will recommend that no further action is necessary and that the matter be closed. However, if the findings do support the initial report, the investigator will recommend measures to correct the situation. 15.29 The CAOICIerk will review the investigator's findings, conclusions, and recommendations, as well as any comments received in relation to it before making a final decision. In cases likely to result in suspension or termination from employment and/or where the respondent has been the subject of several reports, the CAOICIerk may approve, change or reject any of the investigator's recommendations. 15.30 In responding to the threat or incident of violence, actions that warrant consideration may include changes to the physical work space, changes to work schedules and/or patterns, changes to procedures to offer better support and protection, withdrawal of services, police intervention and the use of appropriate court orders. 15.31 Employees who are found to be at risk of engaging in violent conduct or who have engaged in violent conduct may be subject to discipline up to and including suspension and/or dismissal if warranted. Employees who engage in repeat violent behaviour after a first incident is reported may be subject to immediate dismissal or suspension pending the development of an appropriate plan of action. Employees who engage in serious violent behaviour may be subject to immediate dismissal for a first incident. 25 $p1YH_ 0 Jt9 Aportunity I5Yo 15.32 The appropriate disciplinary action imposed, if any, shall be determined by mutual agreement of CAOICIerk and the affected department head(s), based on the particular circumstances of the case. In accordance with the Municipality's disciplinary procedures, no employee shall be suspended without authorization of the applicable department head and no employee shall be discharged without authorization by the CAOICIerk. 15.33 Employees who have witnessed or experienced a traumatic event may need special support. Their special needs will be acknowledged and accommodated. The CAOICIerk or designate, will coordinate any special assistance that may be required. 15.34 If the employee, who is the victim of the violent activity, does not wish to pursue the matter, then the wishes of the employee are respected, provided that doing so does not compromise the safety of other employees, or the client or premises of the Municipality. SECTION 16—TECHNOLOGY&CORPORATE PROPERTY 16.1 The Municipality establishes rules and procedures to ensure that appropriate use of its technology, equipment and supplies. Technology includes, but is not limited to, computers, internet, cell-phones, software, social media and email. 16.2 It is important to the Municipality to enhance the productivity of authorized employees by providing appropriate access to technology. This policy is intended to provide guidance in the professional and responsible use of technology, including: 16.2.1 To protect against irresponsible, unauthorized, and illegal activities. 16.2.2 To ensure privacy, security, and reliability of all computer systems and information. 16.3 Employees have access to computers, email and internet and are accountable for its proper use. The systems are owned and maintained by the Municipality and are intended to be used for business purposes. Personal use is allowed in emergency situations and off working hours. Abuse of this policy may result in discipline and/or removal of related privileges, with the discretion of the CAOICIerk. 16.4 Employees should not use a password, access a file, or retrieve any stored communication without authorization. Employees should not leave their computers unattended when they are logged on, to ensure confidentiality. 16.5 The Municipality prohibits the use of computers, email and internet in ways that are disruptive, offensive to others, or harmful to morale. The display or transmission of sexually explicit images, messages, and cartoons are not allowed. Other misuse includes, but is not limited to, ethnic, slurs, racial comments, colour jokes, or anything that may be construed as harassment and/or showing as being offensive/disrespected to others. 26 $p1YH_ 0 Jt9 Aportunity I5Yo 16.6 Employees may only use softwares on the local area network or on multiple machines according to the software license agreement, unless otherwise approved by the CAOICIerk. 16.7 Electronic devices (cell-phones, pagers, etc.), equipment, furniture, supplies, and other property of the Municipality have been acquired for the purpose of achieving municipal and program objectives. 16.8 The use of electronic devices for occasional personal use should not interfere with workrelated activities, nor should the Municipality incur extra costs. Employees are to inform information technology (IT) representative when they will be out-of-county so that an appropriate plan can be implemented during that timeframe. In the event that IT is not informed, the individual shall be responsible for costs incurred as a result of not implementing the appropriate out-of-country plan. 16.9 The unauthorized use of corporate property, resources or premises, and the unauthorized removal or property from the Municipality's premises, without the prior approval of the supervisor, are subject to discipline up-to and including dismissal and may be subject to criminal charges. 16.10 No employee should have any expectation of privacy as to any use of the Municipality media and equipment. 16.11 Personal use of computer, internet, e-mail and other Municipal technology should be restricted to unpaid time. 16.12 All equipment and software programs, information and data installed and/or created on municipal equipment, belongs to the Municipality. This includes all programs, documents, emails, spreadsheets, databases, and methods of techniques, etc. developed using corporate equipment and/or software, while employed with the Municipality. 16.13 The Municipality may use social media (Twitter, Facebook, Instagram, Linkedln, etc.)from time-to-time to advertise for events, hiring purposes, etc. Employees should not misuse the use of social media. Personal use of social media may only be used during your own time and off working time. SECTION 17—USE OF MUNICIPAL VEHICLES &EQUIPMENT 17.1 Certain employees of the Municipality may be required operate various municipal vehicles and equipment in the course of their job. The Municipality is committed to the proper maintenance and safe driving of all vehicles and equipment used for municipal business. 17.2 When using municipal vehicles and equipment employees are expected to exercise care, perform required maintenance, and follow all operating instructions, traffic regulations, 27 $p1YH_ 0 Jt9 Aportunity I5Yo safety standards, and guidelines. Employees shall also notify the supervisor if any vehicle or equipment appears to be damaged, defective, or in need of repair. 17.3 The improper, carless, negligent, destructive, or unsafe use or operation of vehicles and/or equipment, as well as avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment. If an employee receives a driving and/or parking violations in a municipal vehicle and/or during municipal time, it is not the responsibility of the Municipality. 17.4 Vehicles or equipment owned, leased, or rented by the Municipality may not be used for personal use without prior approval from the Supervisor. 17.5 Municipal vehicles are to be parked on Municipal premises when not in business use unless authorized to be parked offsite. 17.6 Employees operating municipal vehicles and/or equipment must be free of any influence of any substance, including alcohol, marihuana and illegal drugs which may cause impairment. Smoking or vaping is not allowed in any Municipal owned, leased, or rented vehicles and equipment. Violation of this rule may lead to progressive discipline, up to and including termination. 17.7 All employees driving for municipal business must possess a valid driver's license. If the employee's license is void or suspended, they may not operate a municipal vehicle and must report to the CAOICIerk, as soon as reasonable possible. Drivers that work in a position that requires them to drive to conduct their duties for their position, may be asked to generate an annual official Driver's Abstract. SECTION 18 - LAYOFF 18.1 At times the Municipality, due to change in strategic direction, loss of services, financial reasons, or other reasons, may have to reduce the workforce. 18.2 Where possible, the Municipality will attempt to avoid layoffs by relying on natural attrition. If attrition doesn't result in sufficient reduction in the work force, volunteers will be requested. The last resort is to select particular employees for layoff. 18.3 If layoffs are found to be necessary, the Municipality will implement in accordance to the Employment Standards Act (ESA). Layoffs are not considered an end to the employment contract. 18.4 Employees on temporary layoff may have regular benefits to which they are entitled to continue, as awarded by the Municipality's insurance provider. 28 $p1YH_ 0 Jt9 Aportunity I5Yo 18.5 Any unpaid accrued vacation pay will be paid out to employees with their final pay before the layoff. 18.6 If employees are laid off, they will be given as much notice as possible of the layoff and will receive a letter explaining all arrangements. Employees will not be paid during a layoff. 18.7 When an employee is given notice to return to work from layoff, the employee must return to work on the day they are requested to do so. If unable to comply, the employee is responsible to contact the CAOICIerk so alternative arrangements can be made. SECTION 19 -TERMINATION 19.1 Terminations may arise from Involuntary Termination by the Municipality, Resignation, Retirement and Abandonment. The Municipality is committed to handle all terminations in good faith, in a fair and consistent manner, and in accordance with the Ontario Employment Standards Act, Ontario Human Rights Act and all other applicable statues with respect to terminations. 19.2 Employees who retire or resign from their employment with the Municipality may be requested to participate in an exit interview with CAOICIerk. 19.3 Involuntary terminations require the review and written approval of CAOICIerk. 19.4 An employee who is released for disciplinary reasons (except for just cause) or inability to perform work duties will receive a warning, written or otherwise, over the Municipality's Progressive and Corrective Disciplinary policy, prior to involuntary termination proceedings being implemented. 19.5 Terminated employees agree to return all municipal property including all employee passwords and documents prior to their departure. 19.6 All employees should give a minimum of two (2) weeks' notice (or longer where required by their employment contract) to the Municipality of their intent to terminate their employment. To facilitate replacement of any employee, the Municipality requires the longest amount of notice possible, particularly from more senior employees. 19.7 The Municipality recognizes that retirement is an individual choice to work until the normal retirement age, to retire early, or to postpone retirement. 19.8 The Municipality does not have a mandatory retirement age. Based on satisfactory performance, employees may continue to work past the traditional retirement age of 65 unless prohibited by legislation. 29 $p1YH_ 0 Jt9 Aportunity I5Yo 19.9 The Municipal group insurance policies may change coverage based on age. See your group benefit and Ontario Municipal Employees Retirement System (OMERS) booklets for more information. 19.10 Employees considering retirement should inform their supervisor as soon as possible to discuss the process, and facilitate transition and succession planning. 19.11 Employees resigning their position are required to give proper notice. In addition, employees who are absent unexpectedly from work are required to notify their Managers within a half hour of their scheduled shift start time, as to the reason of their absence. Employees who are absent from work for three (3) consecutive working days or more without notice, are deemed to have terminated their employment. 19.12 When an employee is absent without notice the Manager must take immediate steps to contact the employee. If attempts to reach the employee are unsuccessful, the Manager must consult immediately with the CAOICIerk to assure that all appropriate procedures are followed. 19.13 The Municipality must notify the employee of the intent to termination employment in writing by registered mail. The letter may be sent on the second day of absence. SECTION 20—EMPLOYMENT VERIFICATION 20.1 Consistent with the Municipal Freedom of Information and Protection of Privacy Act, the Municipality will not disclose salary or employment information to a third party unless required to by legislation. 20.2 Employees requiring verification of their employment/salary is to contact payroll or their supervisor. Payroll or the supervisor will prepare written confirmation of employment/salary addressed to the employee for their release to any third party. Request for employment/salary verification should be fulfilled within two (2) working days. SECTION 21 —COUNCIL STAFF RELATIONS 21.1 Mutual respect and cooperation are required to achieve the Council's corporate goals and implement the Council's strategic priorities through the work of staff. 21.2 Employees have an obligation to recognize that members of Council have been duly elected to serve the residents of Bayham and respect the role of Council in directing the actions of the Municipality. 30 $p1YH_ 0 Jt9 Aportunity I5Yo SECTION 22—CONDUCT INVESTIGATIONS 22.1 Informal Complaints - Any individual who has identified or witnessed behaviour or activity by an Employee that appears to be in contravention of Section 2 — Employee Conduct & Guidelines may address their concerns in the following manner: 22.1.1 Advise the Employee that their behaviour or activity contravenes Section 2 — Employee Conduct & Guidelines; 22.1.2 Encourage the Employee to stop the prohibited behaviour or activity; 22.1.3 If applicable, confirm to the Employee your satisfaction or dissatisfaction with his response to the concern identified; 22.1.4 Keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter. 22.1.5 If not satisfied with the response received through the informal process, an individual may proceed with a formal written complaint through the CAOICIerk, or if the complaint is about the CAOICIerk through the Mayor. 22.2 Formal Complaints - Any individual who has identified or witnessed behaviour or activity by an Employee that appears to be in contravention of Section 2 — Employee Conduct & Guidelines may address their concerns through the formal complaint process set out below. 22.2.1 All formal complaints must be made using the Municipality's Complaints Form- Staff and shall be dated and signed by the complainant; 22.2.2 The complaint must include an explanation as to why the issue raised may be a contravention of Section 2 — Employee Conduct & Guidelines and any evidence in support of the allegation must be included with the Complaints Form/Affidavit; 22.2.3 Any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit; 22.2.4 The Complaint Form/Affidavit must include the name of the Employee alleged to have breached Section 2 — Employee Conduct & Guidelines, the specific section of Section 2 — Employee Conduct & Guidelines allegedly contravened, the date, time and location of the alleged contravention and any other information as required on the Complaint Form/Affidavit; 22.2.5 The complaint shall be filed with the CAOICIerk, or if the complaint is about the CAOICIerk through the Mayor who shall confirm that the information is complete as to Part Two — Section 22.2. The CAOICIerk or Mayor will determine whether the matter is, on its face, a complaint with respect to non-compliance with Section 2 — Employee Conduct & Guidelines, and not covered by other legislation or policies; and 22.2.6 The CAOICIerk or Mayor may request additional information from the complainant. 31 $p1YH_ 0 Jt9 Aportunity I5Yo 22.2.7 Corrective action or discipline, if any, will be determined by the CAOICIerk or Mayor in accordance with the Progressive Discipline policy and the decision of the CAOICIerk or Mayor shall be final. SECTION 23—DRESS, GROOMING& PERSONAL HYGIENE 23.1 Each employee has personal preferences regarding dress, grooming, and personal hygiene. In order to maintain the professional image of the Municipality, and avoid any misunderstanding or workplace tension and conflict, this policy sets out certain minimum standards the Municipality expects for appropriate dress, grooming, and personal hygiene. 23.2 Employees are expected to comply with the spirit of this policy and be sensitive to the concerns and needs of their fellow employees. Supervisors are accountable for ensuring their staff comply with this policy in spirit. The CAOICIerk is available to adjudicate any questions on dress, grooming, and personal hygiene. 23.3 This policy intentionally does not set out a detailed list of do's and don'ts, or rules. Common sense of what is professional and considerate of others should prevail. 23.4 All Municipal employees that work in the office will dress in appropriate "business casual" attire, as they will be meeting residents, clients, suppliers, and other stakeholders. 23.4 The following list is consider"not" to be appropriate business attire: 23.4.1 Ripped or torn clothing 23.4.2 Sweat pants or work out gear 23.4.3 Tank tops 23.4.4 Muscle shirts 23.4.5 Dresses with spaghetti straps 23.4.6 Dirty or stained clothing 23.4.7 Suggestive or offensive attire 23.5 All employees should comply with good habits of grooming and personal hygiene and wear clothing that is clean and well maintained. 23.6 All Municipal employees that work outside the office will wear attire that is appropriate for their duties and contacts. Some employees will be required to wear personal protective clothing such as hard hats, gloves, footwear, vests, etc., under regulations contained in the Municipalities Health and Safety program. 23.7 More formal and conservative attire may be required at Municipal social events, conferences, trade shows, and education events. 32 $p1YH_ 0 Jt9 Aportunity I5Yo 23.8 Some employees are sensitive to strong perfumes, colognes, or other scents, so be considerate and avoid using. 23.9 On Dress Down Fridays, you may dress more casually; however, you should still maintain a presentable appearance. 23.10 The interpretation of this policy is subject to Municipal discretion. The Supervisor will discuss any non-compliance within the spirit of this policy, with the employee, and ask for a change of behaviour. If there is a second occurrence, the employee may be sent home to change. SECTION 24—CUSTOMER SERVICE STANDARDS 24.1 The customers of the Municipality include the following stakeholders: the residents, visitors, community partners, suppliers, other government agencies and internal Bayham employees (internal customers). The Municipality is committed to providing exceptional high-quality responsive professional service to all customers. The purpose of this policy is to establish uniform standards and procedures for all employees in all departments responding to customers for service, questions, and feedback. 24.2 This policy covers service standards in general for all customers. The Municipality has separate policies on the website at https://www.bayham.on.ca/pages/accessibility and https://www.bayham.on.ca/pages/policies-and-procedures which outline specific accessibility standards for customers with disabilities. These policies are drafted in conjunction with the Elgin County Accessibility Advisory Committee. 24.3 In order to meet the needs and expectations of customers, all employees are expected to: 24.3.1 Anticipate the needs of customers and plan accordingly in order to successfully meet these needs; 24.3.2 Greet customers in a prompt, cheerful, and respectful manner; 24.3.3 Identify themselves, their department and their title; 24.3.4 Listen actively to all requests and concerns; 24.3.5 Be pleasant, courteous, respectful and helpful during the entire interaction; 24.3.6 Remember people will forget what you said, people will forget what you did, but people will never forget how you made them feel; 24.3.7 Try to improve communication and public engagement with all customers; 24.3.8 Respond to all complaints, questions, and requests for service via email or phone within one business day. If the issue is complex the initial correspondence may simply acknowledge receipt and promise a response within a designated reasonable period of time; 24.3.9 Respond to all written complaints, questions, and requests for service within three business days. If the issue is complex the initial correspondence may 33 $p1YH_ 0 Jt9 Aportunity I5Yo simply acknowledge receipt and promise a response within a designated reasonable period; 24.3.10 Communicate honestly, courteously and knowledgeably with all customers; 24.3.11 Serve customers with a strong sense of pride, commitment, and high ethical standards; 24.3.12 Occasionally staff may have bad days for various personal reasons. This should not affect the level of service provided to customers. 24.3.13 Handle difficult customers carefully. If a customer becomes abusive stop the call and get a supervisor involved. Staff are not expected to tolerate abusive behaviour; 24.3.14 Handle customer complaints carefully. If you receive a complaint concerning service provided by yourself or other staff members follow these procedures: 24.3.14.1 Make note of the details of the complaint; 24.3.14.2 Mention to the customer, that the complaint will be handled by the Department Manager and they will hear back within three business days; 24.3.14.3 On the same day forward the complaint to the Department Manager; 24.3.14.4 The Department Manager should log the complaint; 24.3.14.5 The Department Manager should conduct an appropriate investigation and respond to customer within three business days; 24.3.14.6 If the matter is complex or the parties involved are absence, and the Department Manager needs more time, they should inform the complainant within three business days, of the new deadline for reporting back; 24.3.14.7 The Department Manager should continue interacting the complainant until the matter is resolved. If the Municipality is at fault the Department Manager should organized a written apology. 24.3.14.8 In rare circumstances a complaint may need to be escalated to the CAOICIerk or the Mayor as a last resort. 24.3.15 Maintain their voice mail and email to ensure customers are aware of planned absences. Identify alternate contacts and a return date in the voice message or bounce back email; 24.3.16 Ensure their status on out of office board is current. 24.4 The above client service standards apply to all employees for all forms of communications including but not limited to: in person, via email, via written correspondence, and via various social media platforms. 24.5 The staff at the front desk of the municipal office have the most interaction with customers and have additional standards to meet as follows: 24.5.1 Coordinate schedules with all front staff to ensure there is coverage for the front desk and incoming phones at all the days and times; 34 $p1YH_ 0 Jt9 Aportunity I5Yo 24.5.2 Set up the automated attendant on the phone system when the phone is not attended; 24.5.3 Refer, customer's inquiries to the appropriate person in the appropriate department. Avoid bouncing an inquiry around. If the referred to Bayham person is absence, make the customer aware; 24.5.4 If a note is required, take the message with sufficient detail to ensure the person returning the call can answer the inquiry. 24.6 Excellent customer service extends to the conduct of all municipal meetings with either external customers or internal customers either in person or virtual. The following guidelines will be followed: 24.6.1 Set an agenda and distribute to all attendees ahead of the meeting; 24.6.2 Ensure all technology works for all participants ahead of the meeting; 24.6.3 Ensure the meeting starts on time; 24.6.4 Designate a chair for all meetings. Could rotate as appropriate; 24.6.5 The chair is responsible to ensure the meeting stays on agenda and ends on time; 24.6.6 Someone should take minutes and save electronically to the appropriate file; 24.6.7 Practice active listening; 24.6.8 The chair should summarize the conclusions of the meeting at the end and set next steps 24.7 All staff members will be trained on this policy and the basics of excellent customer service in mind. Front desk staff are required to take in depth customer service training. 24.8 The performance management program will include review questions evaluating customer service job performance for all employees. The performance management program will include more in-depth questions evaluating customer service job performance for front desk staff. 24.9 If an employee observes or hears of poor customer service by another staff member, they are to report the incident to their Supervisor. The Supervisor will act promptly to correct the behaviour or refer the matter to the appropriate Supervisor. 24.10 It is expected that all employees will follow the standards in this policy for customer service. Failure to do so may require performance improvement plans and possibly disciplinary action. 35 Ovtunity Islip PART THREE : PAY ADMINISTRATION AND BENEFITS $p1YH_ 0 Jt9 Aportunity I5Yo SECTION 1 —COMPENSATION PHILOSOPHY 1.1 The total compensation program for the Municipality consists of base salary, variable compensation (short-term incentives and supplementary pay), and benefits. The total compensation program is central to the Municipality's strategy to attract, engage, motivate and retain qualified employees through an internal equitable, non-discriminatory and externally competitive compensation program. 1.2 Compensation is structured to: 1.2.1 Establish appropriate pay differentials between position levels to account for differences in scope of responsibilities. 1.2.2 Reward performance as measured by the attainment of individual, department and corporate objectives. 1.2.3 Recognize the acquisition of knowledge, skills and experience pertinent to the employee's position. 1.3 The Municipality is committed to providing employees with clear and open communication regarding compensation policies and practices, as well as performance feedback. The Municipality is also committed to complying with the Ontario Pay Equity Act and promotes the concept of equal pay for work of equal value. 1.4 The Municipality, for non-unionized employees, will perform a market check normally every four (4) years, which will include: 1.4.1 The pay band grid will be compared to the market, 1.4.2 Council will approve the comparators to be used, 1.4.3 The median or fiftieth (50th)percentile of the job rate of the comparators will be used, 1.4.4 The overall pay band grid may increase, decrease or remain the same as the result, 1.4.5 No employee's pay will be reduced as a result of this exercise. However, individual pays may be frozen until the pay for their position catches up to their current pay. Employees in this situation will not be eligible for the annual pay adjustment until their pay is equal to or exceeds the job rate in their pay band, 1.4.6 Council will approve the market check and implement the results. SECTION 2—PAY ADMINISTRATION 2.1 Salaries at the Municipality shall be determined in accordance with the Salary Schedule as approved and amended from time-to-time by Council. 37 $p1YH_ 0 Jt9 Aportunity I5Yo 2.2 A promotion shall be considered as a reassignment of duties to employees that would cause their new position to be paid in a higher salary classification than the previous position. All employees, upon promotion, shall receive payment of at least the minimum rate of the new position, expect in instances when an employee does not meet the full minimum requirements of the new position. In such cases, the CAO/Clerk will determine if a reclassification is necessary. In no case, shall an employee receive less than their current salary by promotion. 2.3 Subsequent increases in the new range will occur on the anniversary date (or establish date) of the transfer or promotion. 2.4 A demotion shall be considered as being a re-assignment of duties to an employee that causes the new position to be paid in a lower salary classification than the previous position. This may occur as a result of organizational changes, work shortages, inadequate performance and diminished employee capability or at the employee's request. 2.5 If an employee is permanently demoted or transferred to a position in a lower salary level, the compensation shall be held at the existing level until the step in the lower grade for the position reaches the existing salary through economic adjustments, with the discretion of the CAO/Clerk. The salary is increased subsequently when salary ranges are increase across the board as a result of economic adjustments that affect the whole salary system. 2.6 The Municipality understands and recognizes long and loyal service. Therefore, will try to minimize the financial impact of demotions to employees and will try to keep their current salary until the range of the lower salary range catches up across the board of economic adjustments that affect the whole salary system. 2.7 If the temporary transfer is to a position at a lower salary level, an employee may retain their current salary. "Temporary" can be a period of up to, but not exceeding, six (6) months. 2.8 If the temporary transfer is to a position at a higher salary level, "acting pay" may be provided in accordance with the Acting Pay policy. 2.9 After successful completion of a probationary period with a satisfactory performance evaluation, salary adjustment may be awarded, unless otherwise decided by the CAO/Clerk for special circumstances. 2.10 Upon a successful completion of an annual performance evaluation, employees are eligible at this time to move upward on the salary grid from level to level, effective on the annual date set out by the CAO/Clerk and Council. Movement up the salary grade is done until job rate is reached. 38 $p1YH_ 0 Jt9 Aportunity I5Yo 2.11 If an employee's performance evaluation is unsatisfactory, the salary movement will be deferred until a follow-up evaluation can be made, normally within three (3) months. If the second evaluation demonstrates improvement, the merit increase adjustment in the pay band may be awarded, but may be withheld for three (3) months from the employee's start date in the position. 2.12 Each year on January 1 the entire pay band grid may move up by % using an established formula. 2.13 The formula to be used is the annual Stats Can Ontario CPI for the 12 months ended October 31 each year. 2.14 The job rate will increase by the annual adjustment and the other five steps calculated as a % of the job rate. 2.15 The annual adjustment pay band increase is not automatic each year. It depends on Municipality finances and affordability and is subject to annual Council approval through the Operating Budget. 2.16 If the formula in a given year, results in a negative % the pay band grid will remain the same as the previous year. In the following year the negative % will be netted against a positive %. 2.17 If Council approves an annual adjustment through the Operating Budget, all staff with at least satisfactory performance will have their pay increase by the amount of the increase in their step 2.18 When a new position is created, or duties of an existing position change sufficiently that a reclassification may be necessary, a new job description shall be written. The duties of the new or revised position shall be rated by the CAO/Clerk, using the job evaluation system. Based on this assessment, the position shall be placed in the appropriate salary grade. SECTION 3—JOB EVALUATION SYSTEM 3.1 The Municipality, for non-unionized employees, utilizes a Job Evaluation System to determine the relative ranking of position within the Municipality by means of systematic and detailed analysis of job content. The Job Evaluation System provides for a salary administration plan designed to compensate employees in a manner which is equitable, ensures internal equity, and is in compliance with the Pay Equity Act. 39 $p1YH_ 0 Jt9 Aportunity I5Yo 3.2 Job evaluation is tool that is used to help establish the relative worth of all jobs within the Municipality. It applies common factors that measure the worth of jobs so that fair and equitable salary ranges can be applied to them. The job evaluation tool helps with the establishment and maintenance of sound salary differentials between jobs. Job evaluation builds a foundation for consistent administration and maintenance of salary ranges. The CAO/Clerk is responsible for managing the Job Evaluation System. 3.3 Job evaluation reviews are generally initiated in response to: 3.3.1 Department restructuring; 3.3.2 New Positions; or 3.3.3 Significant changes in duties, responsibilities or accountabilities of existing job that changes the scope of the job. It is applied to job requirements, not the capabilities of individuals. SECTION 4—ACTING PAY 4.1 The Municipality will provide acting pay to employees who are temporarily assigned to perform the majority of responsibilities, including the essential elements of a higher paying job classification, for more than the noted consecutive working days. The following may apply: 4.2 No change in wage will result if the assigned job classification is lower than the employee's current classification, unless mutually agreed upon. 4.3 Where the employee is assigned to perform the majority of the duties of the higher rated job classification, including the essential elements, the employee will be paid, at the minimum rate of the assigned pay band of the higher rated job classification provided the assignment is: 4.3.1 Minimum ten (10) consecutive full working days in a manager assignment; or 4.3.2 Minimum five (5) consecutive full working days in all other assignments. 4.4 Exception: 4.4.1 Where such a change results in an increase of less than 5%, the employee shall receive 4.4.2 the next higher wage rate in the pay band; and 4.4.3 The employee's new wage rate may never exceed the maximum of the higher rated job classification. 4.5 Employees selected for career grooming and development for promotion to high rated job classification will be placed in a higher pay grade for a specified and a greed upon timeframe (i.e., 12 to 18 months). The higher pay grade will be determined based on the level of responsibility assumed during this period. 40 $p1YH_ 0 Jt9 Aportunity I5Yo 4.6 All temporary assignments and acting pay must have prior written approval from the CAOICIerk. SECTION 5—PAY ADMINISTRATION 5.1 Employees will be paid bi-weekly with the pay period beginning on Monday and ending on the second (2nd) Sunday following. Payment will be made by direct deposit to the employee's bank account on Friday. 5.2 Each employee will be provided a statement of gross earnings, vacation pay, and deductions for the payroll period. Pay stubs will be distributed by the Treasurer and will only be released to the employee. 5.3 In the event that a regularly scheduled payday falls on a day off such as a holiday, employees will receive pay on the last day of work before the regularly scheduled payday. 5.4 Salaried employees shall be paid on the basis of their annual salary divided by the number of pays in each year. 5.5 A T4 will be distributed to employees and former employees with earnings for the previous year, on or before February 28th of each year. 5.6 The Municipality does not provide pay advances on wages to employees. 5.7 In the event that there is an error in the amount of pay, employees should promptly bring the discrepancy to the attention of their manager. Any required corrections will be documented and an adjustment will appear on the employee's next pay stub. 5.8 The Municipality must make certain deductions from every employee's remunerations, including applicable Federal and Provincial income taxes, Employment Insurance, and Canada Pension, to the amounts stipulated by legislation. Membership of OMERS is mandatory for regular full-time employees, and the amounts as directed by the plan are deducted from each employee's pay. 5.9 Where the Municipality offers programs and benefits beyond those required by law, Employees will sign a form at the start of their employment authorizing non-statutory deductions. 5.10 The law requires the Municipality to comply with court-ordered payments and wage garnishments when they are presented. Employees affected by wage garnishments or 41 $p1YH_ 0 Jt9 Aportunity I5Yo court-ordered payments will be notified by the Payroll Administrator of any charges against their wages. 5.11 No person acting on behalf of the Municipality may dismiss; threaten to dismiss; discipline or suspend; impose any penalty upon; or intimidate or coerce any employee because of a wage garnishment or court-ordered payment. SECTION 6 -BENEFITS 6.1 The Municipality pays the following benefits required by statute on behalf of all employees and Members of Council where required: 6.1.1 Employer Health Tax (EHT) 6.1.2 Employment Insurance (EI) 6.1.3 Canada Pension Plan (CPP) 6.1.4 Workplace Safety and Insurance Board (WSIB) 9.2.1 6.2 Permanent full time and part time employees are eligible to participate in the Municipality's group benefit plan, upon the successful completion of their probationary period, or as specified in their employment contract. 6.3 Municipal benefits currently provide the following, in accordance with plan booklets: 6.3.1 Pension through Ontario Municipal Employees Retirement System (OMERS) 6.3.2 Vision and Dental Coverage 6.3.3 Extended Health Care 6.3.4 Life Insurance 6.3.5 Accidental Death & Dismemberment 6.3.6 Short-Term Disability 6.3.7 Long-Term Disability 6.4 Please see the group benefit plan booklet for more information and details about benefits. New employees will be provided with a benefit booklet when they become eligible for benefits. Benefits may change from time-to-time, in which employees will be provided with reasonable notice of changes. 6.5 Permanent employees and dependents have access to the Homewood Health Employee Assistance Program. For more information please contact, 1-800-663-1142 or visit the website https://homeweb.ca. SECTION 7—PROFESSIONAL DEVELOPMENT&CONTINUING EDUCATION 7.1 The Municipality encourages the ongoing professional development and continuing education of employees, and provides financial assistance in accordance with this policy. 42 $p1YH_ 0 Jt9 Aportunity I5Yo 7.2 The Municipality may agree to reimburse employees for membership dues to professional associations required or directly related to job duties, at the CAO/Clerk's discretion and prior approval. 7.3 The Municipality shall offer the following assistance to employees attending approved seminars, conventions and/or conferences: 7.3.1 Transportation expenses, including parking, of delegate to and from the seminar, convention and/or conference. If delegate drives their own vehicle, he/she shall paid at the mileage rate as set by Council. If the employee travels by train or plane, a receipt is required. 7.3.2 All registration fees levied by the seminar, convention and/or conference. 7.3.3 Employees must have prior written approval from the CAO/Clerk, for all other reasonable expenses otherwise the expense will not be reimbursed. 7.4 The Municipality may offer reimbursement of tuition fees to encourage employees who have completed their probationary period, to upgrade their education and/or skills by enrolling in part-time studies at recognized colleges or universities. 7.5 Reimbursement of educational costs is contingent upon submission of proof of the successful completion of each course. All courses must receive approval prior to commencement of the course. Employees will obtain approval from the CAO/Clerk. While educational assistance is expected to enhance employee's performance and professional abilities, the Municipality cannot guarantee that participation in formal education will entitle the employee to automatic advancement, a different job assignment, or pay increases. 7.6 If the employee leaves employment shortly after their studies are completed, the timelines and percent reimbursement required are as follows: Timelines Reimbursement Within one year of completion of studies 100% Within two years of completion of studies 66% Within three years of completion of studies 33% After three years of completion of studies 0% SECTION 8— LONG-TERM SERVICE AWARDS 8.1 The Municipality believes in recognizing long-term service commitment within the Municipality. The Municipality recognizes their hard work over the years of service by providing their employees with long term service awards. 8.2 The Municipality believes that with long-term service commitment of its regular/permanent employees, it provides benefits to the Municipality, including but not limited to: 43 $p1YH_ 0 Jt9 Aportunity I5Yo 8.2.1 Retention of valued expertise; 8.2.2 Organizational stability and lower turnover; 8.2.3 Creation of a positive and supportive work environment; 8.2.4 Identification of role models and the opportunity to encourage a sense of community and shared purpose. 8.3 All permanent Municipal employees, volunteers, and members of Municipal committees will be recognized with a service award at every five (5) year increments of service. The initial hire date shall be used to determine length of service. In the event of a break in service, a new initial hire date shall be established on the date of re-employment, and previous service may not be counted. 8.4 Recognition shall be in accordance with By-law No. 2019-014, the Long-term Service Awards/Retirement Recognition Policy. 44 PART FOUR : WORKING HOURS , ATTENDANCE & LEAVES $p1YH_ 0 Jt9 Aportunity I5Yo SECTION 1 —HOURS OF WORK 1.1 The Municipality has designed hours of work to deliver services in the most efficient and effective manner. As such, the standard work week for departments may vary in accordance with the nature of work that is performed. 1.2 The normal hours of work for full time office/clerical non-union employees will be 8:30 am to 4:30 pm, Monday to Friday inclusive. A normal working day shall consist of seven (7) working hours and a normal working week of Thirty-five (35) working hours. 1.3 The normal hours of work for"outside" non-union employees shall be: 1.3.1 Roads Operations Supervisor 7:00am to 3:30pm Monday to Friday inclusive. 1.3.2 Chief Building Official (CBO) 8:00 am to 4:30 pm Monday to Friday inclusive. 1.3.3 Manager of Public Works 8:00 am to 4:30 pm Monday to Friday inclusive. 1.4 Other individual work schedules may be required for some positions. Such working schedules shall be communicated to those employees in writing or stated within the employee's employment contract. 1.5 Staffing needs and operational demands may require changes to regular work hours and requires prior approval from Supervisor. Employees are expected to be at work and ready to perform the duties of their job when their shift starts. If you are to be late, you must let your supervisor know within 30 minutes of their regular start time or as soon as possible. 1.6 Flexible scheduling, or flextime, is available in some cases to allow employees to vary their starting and ending times each day within the Municipality's core hours, 8:30am to 4:30pm. Arrangements must be approved in writing by the supervisor and CAO/Clerk. Issues such as staffing needs, the employee's performance, quality of service and the nature of the job will be considered before approval of flextime. Employees should consult with their supervisor to request participation in the flextime program. Note, flextime is not time off in lieu of overtime. 1.7 Rest and meal breaks are provided to employees in excess of the requirements under Employment Standards Act (ESA). In each working day, an employee shall be permitted at such times as may be designated by their supervisor, the following: 1.7.1 Two (2), fifteen (15) minute paid break, to be taken in the morning and the afternoon. 1.7.2 One (1) unpaid meal break. 1.8 Office personnel must take a one (1) hour unpaid meal break, between 11:30 am and 2:00 pm, at a time agreed to by the manager. 46 $p1YH_ 0 Jt9 Aportunity I5Yo 1.9 All breaks should be taken when adequate coverage is available within the department. Employees are not to use/work through breaks to shorten the workday. 1.10 Employees should accurately record all hours worked, including all vacation, public holidays, sick/personal time and overtime worked. All non-union employees shall sign and submit their timesheets to their supervisor by Monday, for approval. The supervisor shall review and initial the timesheet and submit to payroll by Monday for processing. 1.11 It is expected that all employees report for work with enough time to be at their workstation and ready to work at shift starting time. Work activity should commence at starting times and continue until the normal designated stopping times for breaks, lunch, or the end of work. 1.12 Failure to report to work on time or patterns of lateness may result in progressive disciplinary action per the Municipalities Progressive and Corrective Discipline Policy. SECTION 2—OVERTIME 2.1 Non-management employees overtime worked over regular hours of work, will be paid at one and one half times the employee's rate of pay. 2.2 Only hours worked count towards the overtime threshold. Time on vacation, statutory holiday, leaves, etc., does not count towards overtime. 2.3 All overtime worked must have the prior approval from the employee's supervisor. 2.4 Employees may bank time to a maximum of eighty (80) hours per year of overtime and must be used in the year earned. If the employee doesn't use their banked overtime during the calendar year it will be forfeited and not eligible to be carried forward. 2.5 As per the Employment Standards Act (ESA), Managers and Supervisors do not qualify for overtime pay if the work they do is managerial or supervisory and they perform nonsupervisory or non-managerial tasks on an irregular or exceptional basis. 2.6 Notwithstanding Section 2.5, Public Works and Water/Wastewater Managers or Supervisors may be permitted to receive a weekly lump-sum allotment for after-hours on- call/stand-by requirements for operational purposes. Such an allotment will be consistent with the department-specific weekly allotment for unionized staff for same and will only be accessible by one Manager or Supervisor in each functional area at a time. Such allotment will be authorized at the discretion of the CAOICIerk and will be administered by the Treasurer through regular payroll. 47 $p1YH_ 0 Jt9 Aportunity I5Yo 2.7 In recognition of additional hour's management employees may be required to work, the Municipality allows employees holding management and/or supervisory positions to bank up to one eighty (80) hours of paid straight time-off-in-lieu of overtime pay. The eighty hours is in addition to eligible vacation entitlement and paid holidays. If the manager does not use their banked overtime during the calendar year it will be forfeited and not eligible to be carried forward. 2.8 If an employee is uncertain as to whether they are classified as a manager and/or supervisor in accordance with this overtime policy, please speak with the CAO/Clerk. SECTION 3—PAID PUBLIC HOLIDAYS 3.1 The Municipality recognizes twelve (12) days as public holidays and grants paid time off work on these days, subject to the conditions outlined below. Note, this includes the nine (9) days in accordance with the Employment Standards Act (ESA) and an additional three (3) days designated at this time as paid holidays by the Municipality. 3.2 All employees are entitled to paid public holidays on each of the following: New Year's Day Civic Holiday Family Day Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day 3.3 To be eligible for public holiday pay, employees must work the last scheduled day immediately preceding and the first scheduled day immediately following the holiday. Salaried employees will continue to receive their regular pay while off on a public holiday. 3.4 A recognized holiday that falls on a Saturday may be observed on the preceding Friday. A recognized holiday that falls on a Sunday may be observed on the following Monday. If eligible employees work on a recognized holiday, they will receive pay at their regular rate for hours worked plus another day off in lieu, with holiday pay. 3.5 In addition to the holidays noted above, the afternoon prior to Christmas Day and the afternoon prior to New Year's Day shall constitute additional paid holidays at employee's regular rates of pay. Provided however, that Christmas and New Year's half holidays will be observed on the working days preceding the respective holidays. Except when Christmas Day and New Year's Day falls on Saturday, Sunday or Monday in which case 48 $p1YH_ 0 Jt9 Aportunity I5Yo the half-holiday will be observed on the preceding Friday afternoon. Subject to Council direction, employees may be granted additional paid days off between Christmas and New Year's. SECTION 4-VACATION 4.1 At the Municipality, each Supervisor is responsible for managing vacation schedules for their respective departments, in a manner that is as fair as possible to all employees. Vacation scheduling shall try to ensure minimum disruption of services within the department. 4.2 The vacation entitlement year is based on the calendar year. Employees may not take vacation time that has not yet been earned, unless otherwise approved by the CAO/Clerk. Regular full-time employees are entitled to the following vacation time, based on the number of full, completed years of employment. Part-time and contract employees will be entitled to a prorated amount of vacation time, based on their regular hours worked. Years of Eligible Service (at Vacation Entitlement (for that January 1st) year) Less than One (1) year One (1) working day for every completed month of service to a maximum of ten (10) days One (1) year Two (2)weeks Five (5) years Three (3)weeks Ten (10) years Four (4) weeks Fifteen (15) years Five (5) weeks Twenty (20) + years Six (6) weeks 4.3 If a public holiday falls during an employee's vacation time, the public holiday does not count as a vacation day. 4.4 For regular full-time employees, vacation must be taken as time off. No cash payment in lieu of vacation time will be made. Vacations credits of up to one (1) week may be carried over into the subsequent calendar year, if approved by the CAO/Clerk. 4.5 Notwithstanding Vacation Entitlement Section 4 a non-union employee may also utilize the following options for unused vacation time: 4.5.1 Ability to be paid out, straight time for up to one week of unused vacation time annually; OR 49 $p1YH_ 0 Jt9 Aportunity I5Yo 4.5.2 Ability to direct the Municipality to reserve straight time for up to one week of unused vacation time annually into a Human Resources Reserve Account to be paid out upon request of the employee or upon retirement or end of employment with the Municipality. The method of pay-out— either lump sum or through bi-weekly payroll —will be at the request of the employee. 4.6 Vacation Entitlement Section 4.5 will be paid out at the rate of pay of the year in which the pay was originally paid out or banked. 4.7 Vacation Entitlement Section 4.5 will not be subject to OMERS contributions and/or interest. 4.8 Any vacation time not used during the calendar year will be forfeited and not eligible to be carried forward. 4.9 The Municipality encourages all employees to utilize vacation time within a given year. 4.10 Salaried employees will continue to receive their regular pay while on vacation. 4.11 Hourly employees will earn vacation pay at the number of days indicated in the table above, based on years of employment. Vacation time is paid on the employees gross wages (including regular earnings, commissions, bonuses/gifts related to hours of work, overtime pay and public holiday pay) at the time of vacation. Upon terminations of employment, employees will be paid for outstanding vacation pay. Unused vacation equals vacation earned (prorated to termination date) less vacation days already taken. 4.12 To take vacation, employees must submit a written request to their supervisor for advance approval in writing. Requests will be reviewed based on a number of factors, including business needs and staffing requirements. Up to two (2)weeks may be taken at one time. More than two (2) weeks may be taken only with prior written approval of the CAO/Clerk. SECTION 5—BEREAVEMENT LEAVE 5.1 Bereavement Leave shall be granted for attending a funeral and for bereavement purposes commencing the first day following the death, as follows: 5.1.1 Five (5) working days immediately following the death of a spouse, child or stepchild. 5.1.2 Three (3) working days immediately following the death of a parent, grandchild, grandparent, stepmother, stepfather, brother, stepbrother, sister or stepsister, or parent of the employee's current spouse. 50 $p1YH_ 0 Jt9 Aportunity I5Yo 5.1.3 Two (2) working days, to attend the funeral of the sister, brother, or grandparent of the employee's current spouse. 5.1.4 One (1) working day, to attend the funeral of an aunt or uncle, fellow employee, a close friend or to serve as a pallbearer. 5.2 Paid leave of absence in respect of bereavement will only be allowed for days on which the employee has been scheduled to work. Additional days may be granted with or without pay, with the discretion of the CAO/Clerk. SECTION 6—JURY/COURT DUTY 6.1 Employees who is required to serve as a juror or subpoenaed as a witness in any court in Ontario, shall be granted a leave of absence for the days on which the employee would otherwise have been scheduled to work. 6.2 Employees shall be excused from work for the part of each day that the employee shall actually render serve as a juror or as a witness. 6.3 Upon completion of their jury duty or witness service, such employees shall present to their supervisor and/or CAO/Clerk a satisfactory certificate showing such period of service. Such employee will be paid their regular earning for the period of such jury or witness service provided he/she shall deposit with the Treasurer of the Municipality the full amount of compensation received, excluding mileage and travelling expense, an official receipt therefore. If the employee presents himself/herself for selection as a juror and is not selected, then he/she shall be required to return to their regular employment to complete their remaining normally scheduled work period. 6.4 Employees will be granted a maximum of twenty-four (24) hours of paid time off to appear in court as a witness at the request of a party other than the Municipality. Employees will be paid at their base rate, and are free to use any remaining paid leave benefits (such as vacation time) to receive compensation for any period of witness duty absence that otherwise would be paid. SECTION 7—VOTING LEAVE 7.1 Where legislation, as amended from time to time, requires and where, by reason of the hours of their employment, an employee who is a qualified elector and who will not have four (4) consecutive hours to work while the polls are open on a polling day at an election, the employer shall, at the convenience of the employer, allow the employee such time for voting as is necessary to provide the four (4) consecutive hours. 51 $p1YH_ 0 Jt9 Aportunity I5Yo 7.2 There will be no deduction from the pay of an employee or any penalty imposed on the employee by reason of absence from work during the time allowed by the employer from voting. SECTION 8—INCLEMENT WEATHER DAYS 8.1 The Municipality acknowledges that for those employees who commute to work, travel can be impeded by weather, particularly in the winter months. In the event of inclement weather, the CAO/Clerk will decide whether or not the Municipality facilities will be open for that day. If closed, Management will arrange for all employees to be informed as soon as possible. 8.2 If Municipal facilities are open, employees should make every reasonable effort to make it to work on time. However, employees are not to endanger their personal safety in an attempt to get to work. If you anticipate being unable to report to work or being late for work because of inclement weather conditions, please contact your Manager as soon as possible, to advise of your absence or delay. 8.3 Employees should not drive on closed roads or violate any Highway Traffic Act regulations attempting to attend work. 8.4 In the circumstance that an employee is unable to get to work due to inclement weather, the employee will not be paid for absent time. If available the employee may make up their time absent (as business needs require) or use vacation pay and time instead with their Manager's prior approval. SECTION 9—SICK LEAVE 9.1 The Municipality understands that on occasion employees are sick and unable to report to work. As such the Municipality sets the following policy. 9.2 All, non-unionized, full time employees are allowed twelve (12) days paid sick leave per calendar year. The paid sick days are prorated for partial years employed with the Municipality and part time hours. 9.3 Sick days must only be used for personal illness, immediate family illness or personal emergency. 9.4 Permanent employees are entitled to use up to four (4) days per calendar years from their sick leave entitlement to attend to a spouse, child and/or parent who are personally ill. 9.5 Unused sick days are not paid out or carried over to the following year. 52 $p1YH_ 0 Jt9 Aportunity I5Yo 9.6 Employees, who are unable to report to work due to personal illness, are to advise their immediate supervisor within 30 minutes of the start of their shift, indicating they are unable to report to work due to personal illness. 9.7 An employee who is absent from work for reason of illness, may be requested to provide a medical certificate to their supervisor. Failure to comply with this section may result in forfeiting pay, suspension or discharge from employment. 9.8 Employees may be eligible for STD income after sick leave entitlements have been utilized. 9.9 STD benefits due to illness or non-occupational accident will be paid for a period of continuous absence up to 119 calendar days at 75% of the employee's regular pay. 9.10 Separate periods of disability occurring under this benefit will be considered one period if: 9.10.1 They result from the same or related causes are separated by a period of six consecutive months or less during which the employee returned to active employment, or; 9.10.2 They result from entirely unrelated causes are separated by a period of less than one full day during which the employee returned to active employment. 9.11 The cost of this plan will be paid 100% by the Municipality. Each employee who has completed their probationary period shall be eligible for the program. 9.12 This Plan applies to non-occupational injuries, illnesses, or quarantine: 9.12.1 That result in temporary total disability; and 9.12.2 That do not qualify to receive benefits from an alternate insurance plan or wage subsidy program such as the Workplace Safety & Insurance Board. 9.13 Benefits from this Plan are payable if an eligible employee becomes totally disabled and: 9.13.1 Provides proof that the disability began while eligible; and 9.13.2 Has followed a treatment of care by a registered medical practitioner since the onset of the disability. 9.14 For the purposes of Part Four— Section 9 the following definitions apply: 9.14.1 Totally Disabled: being continuously unable to perform the essential duties of the job, or alternate suitable work, due to an injury, illness, or quarantine. 9.14.2 Quarantine: mandated isolation or confinement by a Medical Practitioner or a reigning governing body; due to illness, pandemic, or other health related issue. 9.14.3 Medical Practitioner/Treating Practitioner: a person practicing medicine that is licensed, certified, registered, or otherwise recognized by a governing college, 53 $p1YH_ 0 Jt9 Aportunity I5Yo who's discipline is listed by the Canada Revenue Agency as an authorized medical practitioner, and is practicing within the assigned discipline and geographical area. 9.14.4 STD: Short Term Disability 9.14.5 RTW: Return to Work 9.14.6 Elimination Period: the waiting period for disability due to illness that must be completed prior to the start of benefit payments. 9.14.7 Non-occupational Disability: injury or illness that was not caused by, or of rising out of and in the course of employment. 9.14.8 Leave of Absence/Job Protected Leave: an approved and protected leave from work as agreed upon by Bayham Management or as per the current version of the Employment Standards Act. 9.14.9 Regular Earnings: wages paid for regular hours worked, that do not include overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay, termination pay, severance or termination pay, bonuses or profit shares, and other extra entitlements as per the employee's contract of employment. 9.15 Benefits are not payable under the following circumstances: 9.15.1 The employee is not under an appropriate treatment of care from a licensed medical practitioner or doctor, as relevant to the illness or injury as determined by the claim adjudicator; 9.15.2 The illness or injury is covered by the Workplace Safety and Insurance Act or Canada Pension Plan Disability Benefits; 9.15.3 The employee is receiving Employment Insurance benefits; 9.15.4 The disability is intentionally self-inflicted; 9.15.5 For cosmetic surgery procedures; 9.15.6 While vacation pay is being received or during a leave of absence; 9.15.7 For injuries or diseases sustained while committing a criminal offence; 9.15.8 While on maternity leave or parental leave; 9.15.9 If the employee is otherwise engaged in employment for wage or profit; 9.15.10 If the employee is absent from Canada longer than 4 weeks (unless the absence is agreed to in writing and prior to the absence, by the Plan adjudicator/Bayham Management); 9.15.11 While serving a prison sentence or otherwise confined in a similar institution; 9.15.12 For disability resulting from participation in a riot, or the hostile action of any armed forces; and/or 9.15.13 Any other unique circumstances that may be contrary to the purpose and policy of this Plan, as deemed so by the Plan adjudicator. 9.15.14 Note: if an employee becomes totally disabled prior to their notice of a job protected leave or layoff, benefits may be payable up to the maximum benefit period. 54 $p1YH_ 0 Jt9 Aportunity I5Yo 9.16 An employee who becomes totally disabled during a job protected/approved leave and is recalled or scheduled to return to work, may receive benefit payments: 9.16.1 If the employee is eligible for benefits as per the limitation of this Plan; and 9.16.2 Has been totally disabled due to illness for a minimum of five (5) business days prior to the recall/scheduled return; or 9.16.3 Is totally disabled due to an accident, hospitalization, quarantine on the day of the recall/scheduled return. 9.17 Benefit Waiting Period - Short Term Disability Benefits commence on either: 9.17.1 The first day of an accident that results in total disability; 9.17.2 The first day of hospitalization; 9.17.3 The first day of quarantine. 9.18 Benefit Pay and Duration - Once approved, benefits are paid on the same frequency and date as the employee's regular pay period. 9.19 No benefits are payable until the supporting documentation is received and the claim has been approved; such approval shall not be unreasonably delayed. 9.20 End of Benefit Payments - Benefit payments end on the earlier of the following dates: 9.20.1 The date the employee is no longer temporarily totally disabled. 9.20.2 The end of the mandated quarantine. 9.20.3 The end of the maximum benefit period of seventeen (17) weeks (119 days). 9.20.4 The date the employee retires or resigns from employment with Bayham. 9.20.5 The date the employee dies. 9.21 Recovery of Damages - Bayham reserves the right to any part of any money that an employee recovers through legal action or settlement from another party that caused the disability for which benefits were paid, as per this Plan; up to the limit of the amount of benefit paid to the employee. 9.22 Benefit Amount- Eligible employees with an approved claim, as per the limitations of this Plan, shall receive wage loss replacement benefits at a rate of 75% of average regular earnings. 9.23 The average regular earnings are calculated using the earnings from the twelve (12) weeks prior to the disability leave. 9.24 All benefit amounts paid are subject to applicable provincial and federal taxes, El and CPP. Taxes will be deducted from the benefit amount as per payroll process. 9.25 Filing a Claim - To file a claim for benefits, the eligible employee must: 55 $p1YH_ 0 Jt9 Aportunity I5Yo 9.25.1 On the first day of total disability illness or injury, notify the Supervisor or Manager in writing using a Bayham STD claim form. 9.25.2 This may be accomplished via email and/or written letter. 9.25.3 The notification shall state if the employee intends to file a claim for STD benefits 9.25.4 Provide any medical documentation to the Adjudicator using the Bayham Treating Medical Practitioner Statement. 9.26 This Documentation must: 9.26.1 Be completed by a Medical Practitioner 9.26.2 Describe the nature of the illness, injury, disability or mandated quarantine, the prognosis for recovery, and an anticipated return to work date. 9.26.3 Be provided to Bayham within five (5) business days of the illness, injury, disability. 9.26.4 The employee may submit any receipts for costs associated with obtaining documentation to Bayham for reimbursement. 9.26.5 Note: Failure to produce the required documentation within five (5) business days may delay processing of the claim and cause absence beyond the applicable waiting period to be classified as non-paid emergency leave. If delayed longer than five (5) business days, contact the Adjudicator. 9.27 Claim Adjudication - The approval of the claim may be determined by Bayham Management, or by a third-party adjudicator appointed by Bayham. 9.27 Claim Duration - During the duration of the claim, the employee may be required by Bayham Management, to submit medical documentation that confirms the continued total disability, and any changes in functional abilities or anticipated recovery and return to work date. The employee may also be required to participate in an examination by an appointed physician/medical practitioner at the discretion and cost of Bayham Canada. 9.28 Bayham Canada recognizes that returning employees to suitable and meaningful work is in the best interest of all workplace parties. Any and all efforts at RTW shall be initiated as safely and as early as possible based on objective medical information provided by the employee's treating practitioner. For more details see Bayham's Early and Safe Return to Work Program. 9.29 Before the employee returns to work, in any capacity, medical documentation must be provided to Bayham Management. This documentation must include a full description of the employee's functional abilities and any accommodation required; related to performance of the essential duties of the respective job/position (either the pre-injury job or modified work, as applicable). 56 $p1YH_ 0 Jt9 Aportunity I5Yo 9.30 If modified work hours are an accommodation within the RTW Plan, then the employee shall receive remuneration for any hours worked as per the pre-disability hourly rate. Any hours the employee does not work (regular hours) are eligible for STD benefits as per this Plan; at 75% of average earnings; up to the maximum seventeen (17) week benefit period in total. 9.31 Employees may be eligible for LTD income after STD leave entitlements have been utilized. The employee must apply to the carrier and obtain approval for these benefits. 9.32 LTD benefits provides regular employees with 66.7% of basic monthly earnings (to a maximum of$4,000 per month, payable to age 65, following the initial period of STD coverage described above. 9.33 The cost of this pan will be paid 100% by the Municipality. Each employee who has completed their probationary period shall be eligible for the program. To be eligible for LTD benefits, an employee must have a medically determinable physical or mental impartment that prevents the employee from performing the regular duties of their position. SECTION 10—STATUTORY LEAVES OF ABSENCES 10.1 Eligible employees may apply for various types of unpaid leaves of absence in accordance with the Employment Standards Act (ESA). These include, but are not limited to: 10.1.1 Pregnancy or Parental Leave 10.1.2 Personal Emergency Leave 10.1.3 Family Medical Leave 10.1.4 Family Caregiver Leave 10.1.5 Domestic or Sexual Violence Leave 10.1.6 Crime Related Death Leave 10.1.7 Child Disappearance Leave 10.2 While an employee is on a statutory leave, maintenance of employee benefits will be administered in accordance with the applicable legislation on the following basis: 10.2.1 Benefits plans for pensions, life insurance, accidental death, extended health, and dental shall continue unless the employee elects in writing not to do so and/or gives notice in writing that they do not intend to pay the employees premium contributions. 10.3. To learn more about these or additional statutory leaves, please visit the link or talk with your supervisor: http://www.labour.gov.on.ca/english/es/pubs/brochures/br Ieaves.php 57 APPENDIX "G" Off Loading Procedures RFP 12-01,Curbside Waste Management Collection Services Procedure for Off Loading Recyclables at Manning Drive Material Recovery Facility The following is the City of London's off-loading procedure for the Material Recovery Facility (MRF). The Successful Proponent must follow the steps outlined below. This procedure may be modified from time to time, and the Municipality will ensure the Proponent is notified well in advance of any changes. 1. Staff must exercise caution while onsite at the MRF. Safety precautions include but are not limited to: a) Recycling Collection Vehicle operators are responsible for the safe operation of the Recycling Collection Vehicles at all times. b) All staff shall work in a safe manner at all times and shall ensure the safety of others when at the MRF. c) All staff shall use caution around other working machinery inside the MRF including, but not limited to front end loaders, skid-steers and forklifts. d) Personal protective equipment including but not limited to safety vests, and CSA approved safety footwear must be worn at all limes while onsite at the MRF. e) A speed limit of 10 km/h is to be followed while driving vehicles anywhere within the MRF boundaries. 2. Recycling Collection Vehicle operators are required to weigh their vehicles at the weigh-scale before proceeding to off load their recyclable materials. The Recycling Collection Vehicle operator will provide to the weigh-scale attendant the collection zone where the recyclable materials were collected as well as their route and truck number. The Recycling Collection Vehicle can proceed to the MRF receiving area(s) after the vehicle weight is recorded by the weigh-scale attendant. 3. The City of London operates a two-stream recycling collection system, the Recycling Collection Vehicle operator will be required to first off load containers materials in the container receiving area, and then proceed to off load the fibers materials in the fiber receiving area. 4. Vehicles are required to reverse into the MRF receiving area(s). Recycling Collection Vehicles are required to form a queue outside the receiving area(s) while awaiting direction from the MRF Processing Contractor to allow the Recycling Collection Vehicle to off load the materials in the MRF receiving area(s). 5. The Recycling Collection Vehicle operator shall unlock the tailgate while in the queue in front of the entrance to the MRF receiving area(s). 6. The Recycling Collection Vehicle operator shall slowly reverse their vehicle inside the MRF receiving area(s) upon direction by the MRF Processing Contractor. Recycling Collection Vehicles should not exceed more than 5 kmfhr while reversing in the receiving area(s). 7. The Recycling Collection Vehicle operator shall honk the vehicle's horn when reversing into the MRF receiving area(s) as a warning to MRF equipment operators and other staff in the vicinity if the vehicle's backup alarm is not functioning. gn RFP 12-01,Curbside Waste Management Collection Services B. For Recycling Collection Vehicles which do not have horizontal ejection, the Recycling Collection Vehicle operator shall make a visible inspection overhead inside the MRF to ensure there is adequate clearance prior to raising the box of the Recycling Collection Vehicle. The Recycling Collection Vehicle operator shall ensure there is no overhead obstruction in the vicinity of the raised box. If the overhead clearance is insufficient, the Recycling Vehicle Operator shall lower the vehicle's box before emptying the load. After the Recycling Collection Vehicle is off loaded, the vehicle's box should be completely lowered before the Recycling Collection Vehicle exits the receiving area(s). 9. For Recycling Collection Vehicles with horizontal ejection, the Collection Vehicle shall enter into the MRF receiving area(s) and off load the recyclable materials. The Recycling Collection Vehicle operator shall ensure that all materials are off loaded and the Recycling Collection Vehicle's tailgate is closed prior to exiting the MRF receiving area(s). 10. The Recycling Collection Vehicle operator shall inspect the dumped load and remove any visible non-recyclable material larger than 2 litres. 11. If the driver is inspecting or entering the back of the vehicle with the tailgate (commonly referred to as the rear bubble) opened and elevated, the safety arm/pin must be engaged prior to inspection or entry. 12. The Recycling Collection Vehicle operator shall lock the tailgate after exiting the MRF receiving area(s). 13. Recycling Collection Vehicle operators shall not empty Recycling Collection Vehicle sump buckets inside the MRF receiving area(s) or while onsite anywhere at the MRF. 14. Recycling Collection Vehicle operators shall not clean the recycling collection vehicle inside the MRF receiving area(s) or while onsite anywhere at the MRF. 15, All Recycling Collection Vehicles must weigh out at the weigh-scale house before leaving the MRF 91 APPENDIX "H" 2012 Norfolk Disposal Services Ltd. RFP Submission Municipality of Bayham Municipality of Central Elgin Township of Malahide REQUEST FOR PROPOSAL #12-01 CURBSIDE WASTE MANAGEMENT COLLECTION SERVICES ADDENDUM No. 1, Please Include one initialled copy of this Addendum with the Technical Submission of your proposal. 8-0 COLLECTION PROGRAM SPECIFICATIONS—Clarification With respect to the existing collection schedule for Garbage and Recycling. All three municipalities have recycling and garbage collection on the same day of the week. In Central Elgin, collection is done over five (5) days, Malahide, five (5) days, and Bayham over three (3) days. With respect to the proposal, the contractor may wish to revise this schedule due to the ability of their own operation. The contractor's schedule must satisfy the following: * Weekly collection of Garbage and recyclables for each resident. ■ Given the season cottages in Port Stanley, regular collections (save and except holidays) must be done on Monday of each week. With respect to proposed collection of Leaf and Yard Waste, the contractor can pick this material up on a different day from the normal garbage or recycling collection day. The contractor must ensure that each resident that is entitled to receive leaf and yard waste pickup is provided this service once each week during each of the four(4) weeks in the spring and the four(4) weeks in the fall that the service is provided. For example, a residence must be provided with a total of eight(8)pickups annually. Collection on Private Property—NEW As noted in the Contractor's information meeting on February 13th, 2012 there will be a requirement for the contractor to enter onto private property to provide collection services for garbage, recycling and potentially yard waste. These sites are typically plans of condominium or trailer parks. The contractor shall only be required to provide this level of service on sites that will facilitate the contractor's normal collection vehicles. The contractor may be required to provide the liability insurance naming the private property owner as additional insured with respect to the contractor's actions. The level of insurance provided to the private landowner shall not exceed the level required by the municipality for this contract. The contractor shall not be entitled to any additional payment for this additional insurance if required. As well, the contractor will not be held responsible for any damage to driveways or private roadways as a result of his collection equipment. 8.16.3 Location of Comnostina Site for Leaf&Yard Materials—Clarification Central Elgin leaf & yard materials will be delivered to: White Station Operations Centre, 42343 Fruit Ridge Line, Central Elgin. This facility is under the control of the Municipality of Central Elgin. The facility has permanent weigh scales to record material being composted. To review the facility and location, please contact Mr. Mike Hare, Operations Superintendent, (519) 617 0483 to arrange a time to review. 10.0 RFP SCHEDULE—Revision and Clarification Due to the statutory holiday, Family Day the last day to submit an enquiry to the municipality has been extended to Tuesday February 21, 2012 at 4pm. The Contract Start Date will remain at June 1, 2012. 13.6 Bid Deposit a7 Each proponent is required to submit in the financial envelope, an original bid deposit with their proposal in the amount of 10% of the proposed annual price for Year 1 of the contract, in the form of a Bid Bond, Irrevocable Letter of Credit, Certified Cheque, Bank Draft or Canadian Currency. PHOTOCOPIES OR FAXED COPIES OF BID DEPOSITS WILL RESULT IN THE BID BEING REJECTED. For the purposes of the Proposal Submission the Bid Deposit shall be in favour of the Corporation of the Municipality of Central Elgin. 14.1 Executed Bond -Clarification and Revised Form a) The successful Proponent shall be required to submit to the Municipality a Performance Bond guaranteeing the full and faithful performance of the work, in an amount of 25%of the successful Proponent's price. Once the preferred contractor has been selected, the contractor shall execute a separate bond with each of the three municipalities that it is providing service to. The amount of the final bond shall be 25% of the value of service for one year that is being provided to that particular municipality. PLEASE UTILIZE THE AMMENDED "AGREEMENT TO BOND" APPENDED TO THIS ADENDUM FOR YOUR SUBMISSION. This "Agreement to Bond" form should be submitted in the financial submission envelope(Envelope 2). 15.4 Inflation Adiustments—Clarification Adjustments for fuel price inflation will be done on a Quarterly basis. � � ra-i 14.201,a Appendix A.3—Clarification Add the attached map of the Trailer Park located in Lyons within the Township of Malahide. jr ..C,4v- / 2,Di AGREEMENT TO BOND (Revised) WE,the undersigned,HEREBY AGREE to become bound as Surety for In a bond totalling TWENTY FIVE PERCENT(25%)of the CONTRACT amount,and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for is accepted by the Owner. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted,application for a Performance Bond must be made to the undersigned within TEN(10)DAYS of Notice of Contract Award,otherwise the Agreement shall be null and void. DATED AT— this day of _ _ 20 Name of Bonding Company Signature of Authorized Person Signing for Company (BONDING COMPANY SEAL) Position (This Form shall be completed and attached to the Tender submitted in Envelope 2) a� G f T ti b .., lu 3 S s acd lu C E~ L � e a rW A. 1:- �4 cu s � I r: v S 5�: Municipality of Bayham Municipality of Central Elgin Township of Malahide REQUEST FOR PROPOSAL #12-01 CURBSIDE WASTE MANAGEMENT COLLECTION SERVICES ADDENDUM No. 2 Please include one initialled copy of this Addendum with the Technical Submission of your proposal. 3.4 Fart D. Bulk flirt Collection of Garba e -Clarification The price submitted by the contractor shall include any costs for disposal (tipping fees). As a result, the contractor may deliver the garbage to any licensed landfill of their choosing. All of the bins described in this section is for Garbage. The two 20 yard bins for Bayham are not to be covered. The contractor shall supply the bins noted in this section. 4.1 Garbage Collection AND Section 4_6 Hours of Work. — Clarification With respect to hours of work, the contractor will be governed by the hours of work for the receiving facility. Green Lane Landfill's normal hours of operation is until 5:00 pm. The London MRF closes at 6:00 pm. It must be noted that the municipality will not be responsible for any additional costs that may be levied as a result of the contractor requiring the facilities to open past their normal closing times. The contractor shall govern their collection schedules to ensure that they are able to meet these deadlines. 4.3 Leaf and yard waste collection AND Section 4.6 Hours of Work — Clarification In Section 4.6 the hours of work with respect to Leaf and Yard Waste shall be revised to be the same as the time noted in Section 4.3. "The Successful Proponent will have until Friday at 4:00 pm of Green Week to collect these materials." 5A Contractor's Base of O e - Clarification The contractor's base of operation shall be in close proximity to the area being serviced. It will be acceptable for the contractor to have a base of operation outside of the municipality provided that it is within a one(1) hour drive of the municipality. 8.1.E Parts A. Curbside.Recyctinq CaIlection Service - Clarification "The Acceptable Recyclables Materials' shall be delivered loose (not in plastic bags)to the MRF". Recyclables will only be permitted to be placed at Curbside using Blue Boxes or other similar rigid containers similar to shape and size as a blue box. Recyclables will not be picked up when it is placed at Curbside in plastic bags. The only exception to this is with respect to fine personal paper that has been shredded. This material can be placed at curbside using a plastic bag. 9.0 EVALUATi0N CRITERIA - Clarification With respect to the award of the work the partner municipalities would stress that the award shall be done based on the best value for the municipalities. When evaluating the proposals the Evaluation Committee will review the proposals and determine which is the best value, both collectively as well as on an individual basis. The municipalities reserve the right to award sections of the contract to one or more contractors either individually or collectively. Appendix E—Clarification and Revision With respect to the Pricing Submission, the contractor shall ensure that the prices submitted are inclusive of all taxes and fees. This shall include but not necessarily limited to HST. With respect to Part E, Combined pricing submission, the "Technical Submission Verification" and "Pricing Submission"forms have been revised to include Part E —Combined Services. Please utilize these new forms in your submission. SAMPLE AGREEMENT Appended to this addendum is a sample agreement that the successful proponent(s)will be required to execute for the execution of the contract. Technical Submission Verification (Revised) L. Il DESCRIPTION STOPS PER WEEKu t. --- — — ---... Yes No Part A-Curbside Collection of Recyclab€es A.1 Munici lity of Bayham 2753 stops per week 1 T 5,500 stops per A.2 Municipality of Central EI in week A_3 Township of Malahide 2904 stops per week All three municipalities (Bayham, 11,160 stops per A.4 Central Elgin, Malahide) _week Part - Curbside Collection of Garbage -B.1 Municipality of Bayham 2753 stops per week 5,500 stops per B.2 Municipality of Central Elgin week B.3 Township of Malahide 2904 stops per week All three municipalities (Bayham, 11,160 stops per B.4 Central Elgin, Malahide) week Part- - Curbside Coffecffon of Leaf and Yard Waste weeks�!x--wing, 0 WO C.I Municipality Municipglity of Bayham 1219 stops per week_ ✓ C.2 Municipality of Central Elgin 3300 stopsper week +✓ _ C.3 Township of Malahide 573 stops per week _ All three municipalities (Bayham, C.4 Central Elgin, Malahide) 5092 stops pqr week Part D•Bulk Rin qaNeWon D.1 Municipality of Bayham 20 yard bins ✓ _ 6 and bins D,2 Municipality of Central Elgin 20 yard bin s ✓ 6 yard bins ✓ D.3 Townshipof Malahide 4 and bins 6 and bin s ✓ All three municipalities (Bayham, D-�4 Central Elgin, Malahide Part E— Combined Services Is contractor providing pricing to7 rc.l complete Parts A,B,C and D? ✓ ✓ To be completed and returned with tender in Envelope 1. Pricing Submission (Revised) C- Dcs I TI fN' T STEPS PER EEI( IiICE fkfR SfCP Tq ILiC Sr PF#t F-I PER YSA� fib} YEAR la x b) - Curbside Collection of Rec abtes Munici ali of Ba ham 2753 sto s er week Municipality of Central Elgin 5,500 stops per week $ 5 A-3 Township of Malahide 2904 stops per week $ $ All three municipalities(Bayham, A.4 Central Elgin, Malahidej. 11.160 stops per week $ $ Part B- Curbside rwor seVon of(? 8,f Municipality of Bayham 2753 stops per week $ 2 Municipality of Central El in 5 500 sto s er week $ B-3 Township of Malahide 2904 stops per week $ $ All three municipalities(Bayham, B.4 Central Elgin, Malahide) 11,160 stops perweek $ $ Ptrt C-Curbside Collection of Leaf and Yard Waste(weekly,4x gWng,4x Ir C.f Municipality of Bayham 1219 stops per week $ $ C-2 Municipality of Central Elgin 3300 stops per week $ $ C 3 Township of Malahide 573 stops per week $ All three municipalities(Bayham, C.d Central Elgin, Malahide�. 1 5092 stops per week $ $ NO. r DESCRTPTION BIN CAPACITY DWOSAI_ Part D-Bulk Bin Collection � D.1 Munici ali __of Bayham 20 yard bins 6 yard bins $ D.2 Municipality of Central Elgin 20 yard bins $ 6 yard bins $ D.3 Township of Malahide 4 yard bins $ 6 yand bins $ All three municipalities(Bayham, D.4 4 and bin Central Elgin, Malahide) s $ _ 6 yard bin(s) $ 20 yard bins � _ Part E— Reduction to be applied to EACH of items priced in Parts A, B, C, and D, if contractor is awarded the work in it's entirety for 1 or all of the three municipalities. (please specify), All prices are inclusive of all taxes and fees. To be completed and returned with tender in Envelope 2. SAMPLE AGREEMENT THIS AGREEMENT made in quadruplicate this day of in the year 2012 by and between., herein called the "Contractor"and the Corporation of the Municipality of herein called the"Owner". WITNESSETH: That the Contractor and the Owner for the consideration hereinafter indicated undertake and agree as follows: ARTICLE 1: The following documents are to be read herewith and form part of this Agreement as fully and completely to all intents and purposes as though all the stipulations thereof had been embodied therein and are referred to herein as the" Contract Documents". ■ Definitions * Co-operative Procurement and Background Information * Collection Schedule + Successful Proponent Requirements and General Specifications Collection Vehicles * Staffing i Collection Program + Requirements at Time of Proposal * Requirements at Time of Execution • Terms and Conditions ■ Form of Proposal ■ Appendices ARTICLE 2: The Contractor undertakes and agrees: a)To provide all materials, labour and equipment, except as otherwise specified, and perform all work described in the Contract Documents entitled Request for Proposal—and, b)To do and fulfill everything indicated by this Agreement and the Contract Documents, and c)To complete substantially all the work as specified in the Contract Documents and as identified in Article 1. ARTICLE 3: The Owners undertake and agree: a)To pay the Contractor in current funds for the performance of the Contract#12-01, Curbside Waste Management Collection Services to the amount of . i $ _) Inclusive of HST subject to additions and deductions as provided in the Contract Documents. b)To make payments on account thereof(when the Director is satisfied that payments due to Sub- contractors have been made), as follows: On or before the fifteenth day of each month 100 percent of the value, proportionate to the amount of "Contract", of the value of work at the first day of the month as estimated by the Contractor, and approved by the Owner, less the amount of the previous payments and less the amount of liquidated damages. Final payment upon completion of the work shall be made in compliance with the Contract Documents ARTICLE 4: The Contractor and the Owners for themselves, their successors, executors, administrators and assigns, hereby undertake and agree to the full performance of the covenants contained herein and in the Contract Documents, and that this Agreement with the Contract Documents constitute the Contract and the following is an exact enumeration of the • Definitions * Co-operative Procurement and Background Information * Collection Schedule # Successful Proponent Requirements and General Specifications * Collection Vehicles • Staffing • Collection Program • Requirements at Time of Proposal * Requirements at Time of Execution • Terms and Conditions * Form of Proposal ■ Appendices ARTICLE 5: If and whenever either party here to desires to give notice to the other party under or in connection with this Agreement or the General Conditions of the Contract, such notice will be effectively given if sent by registered mail to the Contractor at To the owner at will be considered as having been so given at the time of the deposit thereof in the Post Office. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. (SIGNED, SEALED AND DELIVERED) Municipality of Contractor Signed: Signed: Mayor Clerk/CAO Seal: Seal: Municipality of Bayham Municipality of Central Elgin Township of Malahide REQUEST FOR PROPOSAL #12-01 CURBSIDE WASTE MANAGEMENT COLLECTION SERVICES ADDENDUM No. 3 Final Please include one initialled copy of this Addendum with the Technical Submission of your proposal. 14.1 Executed Bond—Clarification Due to concerns from Bonding Companies the agreement to bond has been revised. The contractor will be required to provide a Performance Security in the amount of 25% of the annual contract amount. The security shall be in the form of a Letter of Credit or a Performance Bond from a recognised financial institution. The Municipality will accept the standard bond wording as developed by the Surety Association of Canada (Copy attached)for the purposes of ensuring performance for this contract. For the purposes of bonding only the "Initial Term" of the contract shall be considered to be initial term to be three (3)years. The contractor shall renew the performance bond annually after the initial term. Such renewal shall be in place and delivered to the municipality, 45 days prior to the expiration of the current bond. The Surety Company and the Contractor shall ensure that the Municipality is notified of the expiration of a Performance Bond and the intent of the Surety with respect to renewal of the Performance Bond. Such notification shall be in writing 60 days prior to the expiration of any bond and shall be completed as per Article 5 of the Agreement which was circulated in Addendum 2. A copy of a sample bond is appended to this addendum. Appendix E: Please submit the revised form attached to this addendum. There has been an addition to Item D.3- Bulk Bin Collection. The new additional item is for the bulk carts or toaters which are utilized at the two community centres. Pricing Submission (Revision 2) Curbside Collection of Recy6lables A.I Municipality of Bayham 2753 stops per week $ A.2 Municij)ality of Central Elgin 5,500 stops per week S $ A.3 Township of Malahide 2904 stops per week S $ All three municipalities(Bayham, A.4 Central Elgin,Malahide) ---. 11 1160 stops per wee Part B-Curbside Collection of Garbage 8.1 Municigality of Bayham 2753 stops per week $ B.2 Municipality of Central 5,500 stopsteer week $ B.3 Township of Malahide 2904 stoes per week S $ All three municipalities(Bayham, B.4 Central Elgin, Malahide) 11,160 stops per week $ $ ftif-C- Cudside CdUdcdoa of Leafand YwW Waste(w"kly, 4Y spi'Ma, 4x fafl) C.I Municipality of Bayham 1219 stops per week $ J C.2 Munici ali!y,of Central Elgin 3300 stops per week $ C-3 Township of Malahide 573 stops per week $ All three municipalities(Bayham, C-4 Central Elgin, Malahide 5092 stops per week $ PT L)fj OWN Part D-Bulk Bin Collection D.I Municipality of Bayham 20 and bin(s) 6 and bins) $ U2 Municipality of Central Elgin 20 and bin(s) 6 and bin(s) D-3 Township of Malahide 4 and bins $ 6 and bin(s) Carts at Community centres; All three municipalities (Bayham, 0,4 Central Elgin, Malahide) 4 and bin(s) $ .._§_yard bin(s) J- 20 and bins $ Part E- Reduction to be applied to EACH of items priced in Parts A, B, C, and D, If contractor is awarded the work in it's entirety for 1 or all of the three municipalities. (please specify). All prices are inclusive of all taxes and fees. To be completed and returned with tender in Envelope 2. �� .� y '2 Wsnewad fe Performance Bond for a Multi-Tear Contract Bond No. Bond Amount es Principal, hereinafter called the Principal, and a corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in Canada as Surety, hereinafter called the Surety, are held and firmly bound unto . as Obligee, hereinafter called the Obligee, in the amount of Dollars($ ) lawful money oklftgda, for the payment of which sum the Principal and the Surety bind themselves, they eir . eeu[ors, administrators, successors and assigns,jointly and severally. - WHEREAS, the Principal has entered into a written multi-year contract Ob 'dated this day of in the year for contract ._ — for the for the term to (hereinafter referred to as the " act Contract price of The condition of this obligation is such that if the Prin al pror} tly and faithfully perform that portion of the Contract that correspondsh tltie al `I'e newal Term (as those terms are defined herein), as the case may be, then is li at all null and void; otherwise it shall remain in full force and effect, subject, however, a fol conditions: 1. Whenever the Principal shall be, eclare he Obligee to be, in default under the Contract,the Obligee having perl rased the, bl' ce's obligations thereunder,the Surety shall promptly: (a) remedy the default fort n en,ewal Term, as the case may be;or IF (b) complete that portion a act that con•esponds with the Initial Term or Renewal Term, as the ca dance with the terms and conditions of the Contract;or (c) ob ' a bi 'ds for mission to the Obligee for completing that portion of the Contract t cp paa ' h Initial Term or Renewal Term, as the case may be, in accordance wi#h the an ditions of the Contract and upon determination by the Obligee and the west sible bidder, arrange for a contract between such bidder and the :gee and a av ble as work progresses (even though there should be a default, or a succv,ssion defauks, under the contract or contracts of completion arranged under this parag, sufficient funds to pay to complete that portion of the Contract that corresponds with the aitial Term or Renewal Term, as the case may be, in accordance with the terms and conditions of the Contract and to pay those expenses incurred by the Obligee as a result of the Principal's default relating directly to the performance of the work under that portion of the Contract that corresponds with the Initial Term or Renewal Term, as the case may be, less the balance of the Contract price, but not exceeding the Bond Amount. The balance of the Contract price is the total amount payable by the Obligee to the Principal under the Contract for that portion of the Contract that corresponds with the Initial Term and all Renewal Terms, as the case may be, less the amount properly paid by the Obligee to the Principal; or (d) pay the Obligee the lesser of(i) the Bond Amount or (ii) the Obligee's reasonable proposed cost of completion for that portion of the Contract that corresponds with the Initial Term or the Renewal Term, as the case may be, less the balance of the Contract price. 2, The term of this Bond is for the period beginning on_ _ and ending on (the "Initial Term"). If requested by the Principal, the Initial Term may be extended, solely at the option of the Surety, for additional one (1)year periods(each a "Renewal Term"). Any such extension of the Initial Term or a Renewal Term shall be effective upon delivery to the Obligee of the Surety's form of renewal certificate signed and sealed by the Principal and the Surety. This Bond shall expire at the end of the Initial Term or, if extended, at the end of the Renewal Term. 3. The Surety shall not be liable and no right of action or claim shall acc n thi as a result of: (a) the expiry of the Initial Term or Renewal Term, as the case no w nding that such expiry of the term of this Bond may constitute a failure a P'r' i 1, directly or indirectly,to promptly and faithfully perform any provision ofth tr or (b) any default that occurs after, or extends beyond, the a iry a Initial Term or Renewal Term as the case may be. d. No right of action or claim shall acne on t and t , for the use of any person or corporation other than the Obligee namercin. he irs, executors, administrators or successors of the Obligee. It is a condition of this Bond that or ac ust be commenced before the expiration of two (2) years from the earlie of(1) th e uy of the Initial Term or the last Renewal Term;or(2)the date on which th • cip s declared in default by the Obligee. 6. The Surety shall not be bl or rea er sum than the Bond Amount. 7, The Bond Amou no not be deemed to be cumulative in the event the Bond is extended for a e -RE , the Principal and the Surety have Signed and Sealed this Bond this ^day Prin By: Name, Title: - Surety By: Name, Title. Municipality of Bayham Municipality of Central Elgin Township of Malahide REQUEST FOR PROPOSAL #12-01 CURBSIDE WASTE MANAGEMENT COLLECTION SERVICES ADDENDUM No. 4 Please include one initialled copy of this Addendum with the Technical Submission of your proposal. 3.4 Part D: Bulk Bin Collection of Garba e—Clarification and Revision In Addendum 2 it was noted that the price submitted by the contractor shall include any costs for disposal (tipping fees). In an effort to be equitable to both the Contractor and the Owner (Municipality)this item will be revised to the following: The price submitted shall be on a"per lift" basis. This price shall be full compensation to attend the site, and deliver garbage to a licensed landfill. The tipping fee for the waste will be priced on a cost per tonne basis. The contractor shall provide weigh tickets from the disposal site noting the tonneage tipped. If the contractor is proposing to utilize a landfill other than Green Lane they must specify the landfill and the tipping fee for the waste in their proposal. The contractor shall supply the bins noted in this section. There will be not further Addendum or clarifications to this contract prior to closing. N I i i REQUEST FOR PROPOSAL # 12 -01 3.6 PART F: OPEN SCOPE The pricing submitted accounts for the following changes in the scope of work 3.1 Part A: Curbside Recycling Collection Service Norfolk Disposal proposes to transfer this material into bulk loads at our transfer station in Waterford for delivery to the City of London, Manning Drive, Material Recovery Facility(see attached copy of C of A#A110105) 3.2 Part B: Curbside Garbage Collection Service a) Norfolk Disposal proposes to transfer waste at our Transfer Station in Waterford for final disposal at an approved Waste Disposal Site. Pricing for this is included in Envelope#2. Current final destinations are available upon request (see Attached Copy of C of A#A110105) 3.3 Part C: Curbside Yard and Leaf Materials Collection Service a) Norfolk Disposal proposes to deliver leaf and yard material to: T. Devos Trucking North Walsingham 1100 Concession 12 R. R#1 Langton, Ontario NOE 1G0 (see attached Public Notice of Municipal Waste Recycling Site Start Up) 3.4 Part D: Bulk Bin Collection of Garbage Norfolk Disposal proposes to transfer waste at our transfer station in Waterford for final disposal at an approved Waste Disposal Site. Current final Destinations are available upon request(see attached copy of C of A# 110105) RFP 12-01, Curbside Waste Management Collection Services Appendix E Checklist of Requirements to be met for Proposal Specific Mandatory Requirements Checklist Mandatory Procedural Forms: Check ifCompleted Form of Proposal —Technical Submission (Sealed Envelope) Form of Proposal — Schedule of Prices (Sealed Envelope) A Copy of the Proponent's Commercial Vehicle Operator's Registration (CVOR) Abstract A Copy of the Proponent's Certificate of Approval of a Waste Management System (Waste Hauler's Certificate) Proof of Insurance } Mandatory Financial Forms, Bid Deposit Agreement for either: Performance Bond, Payment Bond, Performance Security and/or Letters of Credit RFP 12-01, Curbside Waste Management Collection Services 16.0 FORM OF PROPOSAL AT LEAST ONE SIGNED ORIGINAL OF THIS FORM OF PROPOSAL MUST BE INCLUDED IN YOUR SUBMISSION 16.1 Please state terms of payment (Note: Early payment discounts will be considered in the award of the contract, and will apply after taxes): )M7 30 DAY S 16.2 I/WE, the undersigned authorized signing officer of the Proponent, HEREBY DECLARE that no person, firm or corporation other than the one represented by the signature (or signatures) of proper officers as provided below, has any interest in this proposal. 16.3 I/WE further declare that all statements, schedules and other information provided in this proposal are true, complete and accurate in all respects to the best knowledge and belief of the Proponent. 16.4 I/WE further declare that this proposal is made without connection, knowledge, comparison of figures or arrangement with any other company, firm or persons making a proposal and is in all respects fair and without collusion for fraud. 16.5 I/WE further declare that the undersigned is empowered by the Proponent to negotiate all matters with the Corporation representatives, relative to this proposal. 16.6 WE further declare that the agent listed below is hereby authorized by the Proponent to submit this proposal and is authorized to negotiate on behalf of the Proponent. 16.7 I/WE have allowed for Addenda numbered as follows: # / through to #_. . y Failure to acknowledge all addenda will result in your proposal being rejected. COMPANY NAME 1Vo2F-p,-K -1)iSPta5 le- SE)e-y/ceE Lm ,,n ADDRESS:. 81 1 QLT> )4}1�NA a CITY/PROVINCE: W A 7 -- Ft, -.r , �J y1Z P 0 POSTAL CODE/ZIP CODE AUTHORIZED SIGNATURE: TITLE &Lwev2rAL I/WE are authorized to bind the COMPANY/CORPORATION NAME (Please print or type): !)21y)ggp 103b"t o . TELEPHONE NUMBER a 6 FAX NUMBER (S/7) 1/4/3 /yS HST REGISTRATION # 2I v EMAIL ADDRESS_fir_n i ri e, A 0 n o.]kd� S ob S g- Cq DATE OF PROPOSAL t731L 4, Y Z 01 . NOTE: Please return page 56 completed with your Technical Submission and Financial Proposal on or before 2:00 pm, Local Time, Tuesday February 28, 2012. 91 RFP 12-01, Curbside Waste Management Collection Services AGREEMENT TO BOND WE, the undersigned, HEREBY AGREE to become bound as Surety for in a bond totaling ONE HUNDRED PERCENT(100%) of the CONTRACT amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for is accepted by the Owner. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond must be made to the undersigned within TEN(10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT Us day of 20 Name of Bonding Company Signature of Authorized Person Signing for Company (BONDING COMPANY SEAL) Position (This Form shall be completed and attached to the Tender submitted in Envelope 1) Alt � 82 RFP 12-01,Curbside Waste Management Collection Services STAFF QUALIFICATIONS List of Tenderer's Senior Staff to be Employed on this Contract Name Position Qualifications/ L- -1. 7Experience 6"NIE- Dt�,&,.aC> C I' AivAC,&-P, as YEARS &o &22E-Tr 5111,.E-5 e0A15uZ.Tignrr I f 9 YI-All DAV1D F--r-- fAAj" Tl--NANcO /1 Y"A5 E- 6L-YP h1 I�� >`TN V �'�+��' v� YEN R 6 M P1 g-"R/J To be completed and returned with tender in Envelope 1. A-CAIE-- SEA" 477Af:,e-r.> ; 1.?. a 7EC H nl I e A L !(A f3 '11 SS iO N s r0-r- ADD177c.P4AL /nIr-MCMA174c>.� 83 RFP 12-01, Curbside Waste Management Collection Services TENDERER'S EXPERIENCE Tenderer's Experience in Similar Work Year Description of For Whom Value Completed Work Work Performed ;�ooy -1-0 P965EYO-r Q"i NC+/LFOLIG Spa, ooe>."Jye. 6-pR�JA&C �un,Ty bOb,A001, 9,c,41, Le:Ar ANID yAoeD NaRr-oLK . -Iv PQ�-r LvA,"M- coc raios4 LtxaNTy .t o0.3 -,- ao©t. tU96S/4C &LJLy /)62i-pLOC. )IL-m A!CKca 0 6,(.,uNTy ),00N Tz> Parr OPEXA7C- nl0.ercv K 10 TRAN5F02 S7ATia1+15 (.suNry 35D,dv�"`ly2 gou.,2607, 960 LEAF ,A yA4o ALD)YY)A/ -0 t -tb PZ&-5E>+T W A 57L, LOLL. 60E4"- y I9�s7n �Qa ��LK AA &Mric> Sca+coL VA 60A eb r2)O� S To be completed and returned with tender in Envelope 1. P�o�S� �U6In 57s.o"4s Foe ADD/7-2&,jA�- iNFbrCrnA-r7c'.1 84 RFP 12-01, Curbside Waste Management Collection Services PROPOSED SUBCONTRACTORS List of Proposed Sub-Contractors— Name of Proposed Address of Sub-Trade Sub-Contractor Sub-Contractor To be completed and returned with tender in Envelope 1. N 6 KFoLK -b!Spo Soi t- bot3 /V 6 r /N-'Z,,r;�) --7Ty L S E S u(3 Lorv—A ems,-S Fio e 1?-)C PE12 f9l M A N CE- OF THE W c R K IgCZ tU/2C_D !,V -77n 1 S FP. 85 RFP 12-01, Curbside Waste Management Collection Services Technical Submission Verification ITEM ---- ItiEp. DESCRIPTION STOPS PER WEEK SUBMITTING PROPOSAL Yes No Part A-Curbside Collection of Recyclables A.1 Municipality of Bayham 2753 stops per week 5,500 stops per A.2 Municipality of Central Elgin week A.3 Township of Malahide 2904 sto s per week All three municipalities (Bayham, 11,160 stops per A.4 Central Elgin, Malahide) week Part B- Curbside Collection of Garba e B.1 Municipality of Bayham 2753 stops per week 5,500 stops per a2 Municipality of Central Elgin week r B.3 Township of Malahide 2904 sto s_Rer week , All three municipalities (Bayham, 11,160 stops per B.4 Central Elgin, Malahide I week Part C- Curbside Collection of Leaf and Yard Waste(weekly, 4x s rin C.1 Municipality of Bayham 1219 stops per week C.2 Municipality of Central Elgin 3300 stops per week C.3 Township of Malahide 573 stops per week , All three municipalities (Bayham, C.4 Central Elgin, Malahide) 1 5092 stops Rer week Part D-Bulk Bin Collection D.1 Municipality of Bayham 20.yard bind 6 yard bins D.2 Municipality of Central EI in 20 yard bin s _ 1 6 yard bin s D-3 Township of Malahide 4 yard bins 6 yard bin s -� All three municipalities (Bayham, D.4 Central Elgin, Malahide To be completed and returned with tender in Envelope 1. REQUEST FOR PROPOSAL # 12 -01 12.0 TECHNICAL SUBMISSIONS 12.2.1 EXPERIENCE AND REFERENCES Norfolk Disposal Services, along with its 60 staff will celebrate 50 years of operation in 2013. In the past 10 years of business, Norfolk Disposal Services has provided solutions for the collection and disposal of Industrial, Commercial, Construction and Residential Waste in Brant, Oxford, Elgin, Haldimand & Norfolk counties. Norfolk Disposal Services Ltd owns and operates a transfer station in the heart of Waterford ON. Keeping abreast of new and innovated strategies by utilizing modern equipment, creative & knowledgeable people and environmentally responsible methods of material handling and disposal, ensure that opportunities to recycle or reuse are our primary focus. Plastics, paper products, cardboard & all metals are separated and diverted to recycling projects in area communities. Concrete and asphalt are crushed for reuse. The process of grinding wood material produces a valuable source of fuel for area greenhouses, thus reducing unnecessary disposal of wood at landfills. In 2010 Norfolk Disposal Services introduced a new division, "Shredding of confidential documents and data" (onsite and mobile shredding) Electronic waste is also collected for the purpose of recycling. In the fall of 2011 Norfolk Disposal purchased a 55,000 square foot complex to support growth and development of the company. By late spring the fleet maintenance department will move into the newly remodeled facility, which will also be the truck terminal for the fleet. Some of the company's administration team will also be moving to the new facility once completed. Operations that will remain at our existing facility include the transfer station and waste processing, bin fabrication and repair, and central dispatch. Norfolk Disposal Services is fully equipped and staffed to deliver waste management solutions. 1) The Corporation of Norfolk County 183 Main Street of Delhi Delhi, ON N46 2M3 Contact: Jennifer Wilson—Waste Management Supervisor (519) 582-2100 (x 1503) We provide numerous services to Norfolk County as listed below Residential Collection Norfolk Disposal has provided weekly garbage collection with manual side loaders since 2004. Norfolk County has a population of over 62,000, and consists of 26,527stops per week. The weekly tonnage collected is approximately 235 metric tonne.These routes require six to seven side loaders per day and are completed with no subcontractors. Annual contract value is $900,000.00. Leaf and Yard Waste Collection Norfolk Disposal has provided spring and fall Leaf and Yard Waste Collection in Norfolk County with manual side loaders and rear loaders in 2006, 2007 and 2009 to present. This collection runs for three weeks in the spring and six weeks in the fall. These collections total approximately 500 metric tonne per year and have an annual value of$ 90,000.00. Curbside Bulky Item Pick-up Norfolk Disposal has provided curbside bulky item pick up services in 2003 and 2006. These collections are completed using six or seven rear loaders and collection approximately 1700 metric tonne per collection. These collections were completed using no subcontractors and had a value of approximately$250,000.00 per collections. Transfer Stations Norfolk Disposal has operated two transfer stations for Norfolk County since 2004. These contracts require a site attendant and loader backhoe at each site as well as tractor trailers to haul material off site. Wood and scrap metal is recycled at these locations as well as a spate area for leaf and yard waste drop off. These two locations combined handle approximately 16,000 metric tonne per year. Annual value of$350.000.00 2) Haldimand County 45 Munsee Street Cayuga ON NOE 1EO Contact: Nicole Mundy—Waste Management Supervisor (905)318-5962 (x 183) Spring and Fall Yard Waste Collection Norfolk Disposal has provided spring and fall Yard Waste Collection in Haldimand County with manual side loaders and rear loaders in 2006, 2007 and 2009 to present. This collection runs for 2 weeks in the spring and 4 weeks in the fall. Norfolk Disposal also transfers this material at our facility for final disposal at Integrated Municiple Services in Niagara Ontario. These collectons total approximately 275 metric tonne per year and have an annual value of $48,000.00. 3) Ontario Power Generation Reg Rd 55 South Nanticoke, ON NOA ILO Contact: Laura Grady (519) 587-2201 (x 3703) Bulk Bin Collection Norfolk Disposal has been providing bulk bin services to Ontario Power Generation since the early '90's. We collect Waste, Cardboard, Wood and Recyclables in Various Roll Off and Front End Loader containers as well as transportation and disposal of asbestos waste. Tonnage quantities and annual value of this contract vary. 4) Grand Erie District School Board 349 Erie Ave Brantford ON N3T SV3 Contact: Tom Oldham—Division Manager Operations (519) 756-6301 (x 281301) Bulk Bin Collection Norfolk Disposal has been providing bulk bin services to the Grand Erie District School Board in Norfolk and Haldimand since 1995 and in Brant since 2007. We collect waste, cardboard and recycling as well as provide temporary containers for clean-up and renovation jobs. Annual value of this contract varies. 12.2.2 STAFF REQUIREMENTS Senior Executive Staff • Louis Debono, President/Owner -49 Years kp Bernard Debono, General Manager/Owner—22 Years Strategic Planning, Financial Projections & Evaluations, Legal Requirements Contract Manager/Supervisor(s) Bernie Debono, General Manager Purchasing& Planning-all divisions of the company Project management/Coordination of Contractors Marketing Review Statistics &Trends Bob Barrett—Sales Consultant - 18 Years Scheduling appointments and visiting existing customers to review product needs and determining other opportunities. Providing product quotes as required. Provide solutions to customers' problems. Liaising between customers and the company for up-to-date status of service Performing maintenance and updating of customers' accounts Conduct random route spot checks, 'i Catherine Glynn—Health &Safety Coordinator/Human Resources —5 Years Coordinates Health and Safety initiatives Maintains records/statistics Distribute and maintain data re: Licensing & Insurance requirements Achieves provincially regulated compliance (OHSA etc) New Worker Orientation/Training coordinating Investigates& Prepares Reports on Accidents/ Injuries Facilitates WSIB issues Designated Fleet Manager & Route Supervisor • Bernie Debono—General Manager Plans, directs, and coordinates the operation of vehicle maintenance and repair Plans, directs, and coordinates the residential routes &commercial services. Reviews purchase requests for new and replacement parts/vehicles. Prepares short and long range plans for system operation including routing and scheduling re: staffing/equipment Plans and administers a preventive maintenance and vehicular replacement program Receives and processes vehicle accident and damage reports. Prepares cost analysis and periodic management and operational reports. + David Fett—Vehicle Maintenance/ Mechanic - 11 Years Perform preventative maintenance on mobile and stationary equipment Inspect mobile and stationary equipment for defects or required repairs Supervise others involved in maintenance tasks Advise manager of required major repairs or replacements to mobile and stationary equipment Maintain safe working conditions Consult on purchase of new equipment • Max Ryerse—Vehicle Maintenance/Inventory—1 Year Receives delivered supplies, materials, and equipment; confirms that delivered goods match purchase order specifications of quantity, condition, part number, etc; completes all necessary paperwork for stock items received, to include insuring all invoices are checked and correct. Utilizes computer terminal to properly account for all inventory, and maintenance Conducts counts of inventory materials for re-order Organizes and maintains stock room and inventory to include housekeeping and security Maintains labeling system on each stock item; manually stocks inventory shelving with stock items received or returned to insure parts are put away and are properly numbered. Contract Administration Staff 5 Staff—Personnel fill positions of; Reception, Administrative Assistant, Dispatch, Accounting/Payroll Collection Service Staff 60 Total Personnel 54 Full Time &6 Part Time (11 Collection Vehicle Operators) (6 Collection Staff—Throwers) 12.2.3 SUBCONTRACTORS Norfolk Disposal does not intend to use subcontractors for the performance of the work required in this Request for Proposal. 12.2.4 PROPONENT'S COMPANY SIZE Norfolk Disposal currently owns and operates a Transfer Station at 811 Old Highway 24 Waterford. At this facility recyclables such as wood, scrap, cardboard, concrete etc. are removed before transporting the residual off site. Our Current Fleet Consists of: Inventory Count Vehicle Type 10 Side Loaders 3 Rear Loaders 1 Side Loader(2 Stream) 7 Front Loaders 12 Roll Off's 6 Tractors 3 Front End Container Delivery Trucks 18 Trailers A Service Vehicles 1 Shred Truck 12.2.5 VEHICLE INFORMATION The following is a list of the current fleet that is in use by "Parts of Work'A through D"' We also have indicated in each part if additional vehicles will be acquired to facilitate this contract. Part A:Recycling (1) International with Fanotech 2-stream side loader, 12.5 Yard per compartment (1991) 2:1 compaction ratio. If successful with this RFP will be acquiring new or late model equipment to be in compliance with section 6.2 and 6.7 Part.B:.Garbyge (10) International with Shu-Pak, Labrie & Fanotech Side Loaders, 25 to 31 Yard capacity (1991 to 1999) If Successful with this RFP we will be acquiring new or late model equipment to be in compliance with section 6.2 and 6.7 (3) International and Mack with Universal and Fanotech Rear Loaders 25-37 Yard Capacity(1999 to 2003) Part C.Leaf and Yard Materials (10) International with Shu-Pak, Labrie & Fanotech Side Loaders, 25 to 31 Yard capacity (1991 to 1999) If Successful with this RFP we will be acquiring new or late model equipment to be in compliance with section 6.2 and 6.7 Part D: Bulk Bin Collection of Garbaae (7) Mack, Peterbilt or Volvo with Universal, Fanotech and Labrie Front Loaders-40 Yard capacity(1994 to 2011) (12) Peterbilt, International or Mack Roll-Off Trucks—10 Yard to 50 Yard capacity(1992 to 2011) There are a variety of other vehicles to assist on these routes including service vehicles and pickup trucks. 12.2.6 WORK PLAN The implementation schedule for recycling garbage and bulk bin services in Bayham will be seamless as we currently provide these services. The time frame to purchase new vehicles may vary depending on time of order however replacement vehicles will be acquired as soon as possible. The service for recycling and garbage collection will be provided as it is now from, Tuesday to Thursday each week. There will be one garbage and one recycling truck per route each day, approximately 900 stops per day. Staffing and back up staffing for these routes are already in place. There will be one waste collection driver and one recycling truck driver. These drivers report directly to central dispatch. Norfolk Disposal services Ltd. utilizes the "TRUX Maintain It" computerized program to track scheduled maintenance and repairs on all of the company's equipment. All Residential Collection Vehicles are maintained according to the following schedule "A"Schedule = 10,000 kms "B"Schedule = 5,000 kms "C" Schedule = 6 months "D"Schedule = Annual All drivers complete Pre & Post Trip Inspections and repairs are completed by importance as per schedule 1 of the Ministry of Transportation. Our company will accommodate any variation in quantity and type of material collected by compensating with additional personnel and equipment to complete the day's route. Contingency Plans will vary with every circumstance. We are a non-unionized workplace minimizing labour disputes. Any potential emergencies caused by bad weather will be compensated for by running additional equipment when weather has cleared. Any collection vehicle failures will be corrected by switching the vehicle with a spare unit. 12.2.7_PROPONENT FACILITIES Norfolk Disposal currently owns and operates a facility at 811 Old Highway 24 in Waterford. This is a 3 acre site with 2300 square feet of office area, 5800 square feet maintenance facility, 1500 square feet welding shop, a licensed transfer station, sand blast and paint facility. In 2012 we will be moving the maintenance shop and fleet parking to a recently acquired and renovated facility at 105 Thompson Road West in Waterford. This new 8 acre site will have a 22400 square foot maintenance shop and stock room as well as 3000 square feet office area. x� BMO 0Bank of Montreal•Banque de Montreal CANADIAN$DRAFT/TRAITE EN DOLLARS CANADIENS 877496 aC)I a 0aa 9 ALICE ST. DATE WATERFORD.- ONTAgIO.-. CANADA NOE 1Y0 Y/A U/M D/3 UT -11 Pa A y to the order of Pa a I'ordre de v} NVY 4Dol 00 Cadiens , treal 4Signing On i I Si Signng ORi 1:06952 0011: 040702877496611' 90 Bond #5700096-12-01 AGREENIEN-I'TO BOND (Revised) WE, the undersigned, IiEREBY AGREE to become bound as Surety for Norfolk Disposal Services Limited totallijig TWENTY FTVF, PERCENT (25%)of the CONIRACTaniouat, and conforming to thte Lnstrunjelits of Contract attached hereto, for the full and due performance of the,wor. ,s shown or described hcrein, if the Tmdcr for M1'nj-C-i4:��-y--o-f---Bayham Curbside Waste J�aMaga i s RFP #12-01 ��� og is accepted by the Owncr. IT IS A ("ONDMON of this Agmmm�rit that if the above meationed Tender is accepted, application for a Pt.rfornianct Bond must be made to the undersigned within TEN(10)DAYS of Notice of Contract otherwise the Agree.,ment shill be null and void. 21n "0 -)ATED AT London, ON Lh is 2 2 n ay o f—F-ej)x-ua-ry—. -1-2, Jevco Insurance Company Nmxic of Bonding CornPaliv c�es h aeR u dy Signature—ofAuth-()-6zf-d Pers011 Sighing for Company (BONINNG CONIPAt,4YSEAL) Attorney-in-Fact (This Form shillf be completed aud attached to the Tender submitted in Envelope 2) RFP 12-01,Curbside Waste Management Collection Services Pricing Submission ITEM PRICE PER TOTAL COST NO. DESCRIPTION STOPS PER WEEK STOP PER PER YEAR (a x (a) YEAR(b) b) Part A-Curbside Collection of Recyclables A.1 Municipality of Bayham 2753 stops per week $ $ 5,500 stops per A.2 Municipality of Central Elgin week $ $ A.3 Township of Malahide 2904 stops per week $ $ All three municipalities (Bayham, 11,160 stops per A.4 Central Elgin, Malahide; week $ Part B - Curbside Collection of Garbage B.1 Municipality-.of Bayham 2753 stops per week $ 5,500 stops per B.2 Municipality of Central Elgin week $ $ B.3 Township of Malahide 2904 stops per week $ $ All three municipalities (Bayham, 11,160 stops per B.4 Central Elgin, Malahide) week —4 Part C- Curbside Collection of Leaf and Yard Waste(weekly, 4x spring, 4x fall C.1 Municigality of Bayham 1219 stopsper week $ C.2 Municipality of Central Elgin 3300 stops per week $ $ C.3 ownship of Malahide 573 stops per week $ All three municipalities (Bayham, ,4 Central Elgin, Malahide) 5092 stops per week $ ITEM NO. DESCRIPTION DW CAPACITY PRICE PER LIFT MCLLIDINGa DISPOSAL Part D-Bulk Bin Collection D.1 Municipality of Bayham 20 yard bin Ls)_ $_ _ 6 and bin s $ D.2 Municipality of Central Elgin 20 yard bins 3 6 yard bins 0,3 Township of Malahide 4 yard bins 6 yard bin s All three municipalities (Bayham, D,4 Central Elgin, Malahide) 4 yard bins 6 and bins $ 20 yard bins All prices are inclusive of all taxes and fees. To be completed and returned with tender in Envelope 2. rL�ASE jQ"I S61> A- �) &7 Pricing Submission (Revised) NO: € SCRwfION. I S I0FIS 11t-lk WE.F-1{ PRICF, P[..'k $T{�O P I'OTA1 COS-p PER �'-�'.4'i. �11 - ..'.L- _ __ :�il:� ..J 4 .-.._ } �� �: .'..'£' __ r I_!• 1 rAfi.(b) YEAi i (a VW Part A-Curbside COlection of Rem clables A.1 Municipality of Bayham 2753 sto s j2er week $ .3. Y s H7, 9111, A.2 Municipality of Central Elgin 5,500 stops per week $ No 60 $ Idt. el A.3 Township of Malahide 2904 sto s per week $ /vo AD $ /i c �ip All three municipalities(Bayham, A.4 Central Elgin, Malahide) 11 160 stops per week $ Ate, do $ Wo 4lo Part B -Curbside Coflecftn of Garbs o B.1 Municipality of Bayham 2753 stops per week $ $113,4 SG.77 B.2 Municipality of Central Elgin 5,500 stops per week $ t 6,9. $ B.3 Township of Malahide 2904 sto s per week $ N 6 B i o 5 D All three municipalities(Bayham, B.4 Central Elgin, Malahide) 11,160 stops perweek $ NC 6 0 $ C /g/ Part C- Curbside Collocillon of Leaf and Yard liVasta Lweekly, 4x spring, 4x fait C.1 Municbality of Bayham 1219 stops per week $ 10,S/ C.2 Munici2ality of Central Elgin 3300 stops per week $ No , r,9 $ e el-0 C.3 Township of Malahide 573 stops per week $ N4 r All three municipalities(Bayham, n' C.4 Central Elgin, Malahide) 5092 stops 2er week $ /J0 '6 $ Bart D-Bufk Wn Cofr'ecfion D.1 Municipality of Bayham 20 yand bins $ /707,`' kx Lirr ,N s 6 and bins $ /I- � ,C N lza- /nc�u D.2 Municipality of Central Elgin 20 yard bins $ o 60 _ 6 yard bin s) Alo 1 D-3 Township of Malahide 4 yard bins $ rr s 6 yard bin s $ a i - _ D.4 All three municipalities(Bayham, 4 and bins Alp Central Elgin, Malahide) ,,/ 6 and bin s /�'. 'el 20 yard bins) Al, A Part E- Reduction to be applied to EACH of items priced in Parts A, B, C, and D, if contractor is awarded the work in it's entirety for 1 or all of the three municipalities. (please specify). No RfjuC7n&" -ram 8€ APPLiE-b. All prices are inclusive of all taxes and fees. To be completed and returned with tender in Envelope 2. PLL-n5c Set P4:N)510rj PricingSubmission (Revision 2) IJ I ' G#SCR!I?I1771 ' S-roPS.PEf{LtifCl :.._. i i... .:: - .,-..,w� PR1Ct PER STOI? TQT4�.f{}ST: : R. Part A-Curbside Collection of Rec clables /u A.1 Municipality of Bayham 2753 stops per week $ $/ 7 / A.2 Municipality of Central EI in 5,500 stops per week $ No 6.q $ o elo A.3 Townshi2 of Malahide 2904 stops perweek r$ /VO N° 15/O $ /yh 60 All three municipalities(Bayham,A.4 .Central EI in, Malahide 11.160 sto s er week /!) 3 /V c' �l Part B-Curbside Collection of Garbage B.1 Municipality Municipali!y of Bayham 2753 stops per week $ tv 7 rt0 B.2 Municipality of Central Elgin 5,500 stops per week $ N,IC 6l $ B.3 Townshipof Malahide 2904 stops per week $ /v o 61 s /mod do All three municipalities(Bayham,B.4 Central Elgin, Malahide) 11,160 stops per week $ /\/O /J/D $ o !l Parf-C-Curbside Collection of Leaf and Yard Waste("Aly,4x spdng, 4x fall C.1 Munici ality.of Bayham _ 1219 stops per week $ 10,5) $ C.2 Municipality of Central Elgin 3300 stops per week $ NO 6}r} $ ¢ Q C.3 Townshipof Malahide 573 stops per week $ Na t�'/ $ /VA' 9t,10 All three municipalities(Bayham, �/ //�� C-4 Central Elgin, Malahide /l 5092 stops per week $ No �i!} $ o 6 rll}�l.-)N .fN-CAr'Afil,Y T1,-M-j Part D-Bulk Bin Collection D.1 Municipality of Bayham 20 yard bins $ 6 yard bins $ I—AlY t-C- iJctu D.2 MuniciRalijX of Central Elgin 20 yard bins _$ Zi /9/0 6 yard bins $ [! G /31h 6.3 rTownship of Malahide 4 yard bin s $ p 6 yard bins 5 Carts at Community centres $ fy 0 ,$J 0.Ir All three municipalities(Bayham, 4 yard bins $ /V C) '9/ Central Elgin,Malahide) 6 yard bins $ go / 20 yard,bins S fit) 15"-0 Part E- Reduction to be applied to EACH of items priced in Parts A, B, C, and D, if contractor is awarded the work in it's entirety for 1 or all of the three municipalities. (please specify). NO Paq"o.J 7M Qc- A PAI&-D All prices are inclusive of all taxes and fees. To be completed and returned with tender in Envelope 2. REQUEST FOR PROPOSAL # 12 -01 3.6 PART F: OPEN SCOPE PRICING 3.1 Part A: Curbside Recycling Collection Service The pricing submission is based on material being transferred at our Transfer Station into bulk loads for delivery to the City of London, Manning Drive Material Recovery Facility. 3.2 Part B: Curbside Garbage Collection Service a) The pricing submitted is based on material being transferred at our Transfer Station for final disposal at an approved Waste Disposal Site. Disposal of waste would be at$62.00 per metric tonne at our facility. 3.3 Part C: Curbside Yard and Leaf Materials Collection Service a) The pricing submitted is based on this material being delivered to T. Devos Trucking in Langton. Disposal of Yard and Leaf Material would be at$35.00 per metric tonne. 3.4 Part D: Bulk Bin Collection of Garbage The pricing submitted is based on material being transferred at our Transfer Station for final disposal at an approved Waste Disposal Site. Disposal of Waste would be at$62.00 per metric tonne at our facility. SCHEDULE "B" Request for Proposal#12-01 Curbside Waste Management Collection Services SAY `i the TO W N S f11 P of MIDE - p A proud tradition,a bright future. g O po 1,o�� ,- — r unity Is s Municipality of Bayham Municipality of Central Elgin Township of Malahide REQUEST FOR PROPOSAL #12-01 CURBSIDE WASTE MANAGEMENT COLLECTION SERVICES ANYONE DOWNLOADING THIS DOCUMENT AND INTENDING TO SUBMIT A BID MUST ENSURE THAT THEY HAVE REGISTERED WITH THE MUNICIPALITY OF CENTRAL ELGIN, PHYSICAL SERVICES DEPARTMENT, BY REGISTERING, YOU WILL BE ADDED TO THE PROPONENTS MAILING LIST AND WILL RECEIVE ANY ADDENDA THAT MAY BE ISSUED WITH RESPECT TO THIS DOCUMENT. FAILURE TO REGISTER MAY RESULT IN YOUR BID BEING DISQUALIFIED. TO REGISTER, PLEASE COMPLETE THE REGISTRATION FORM AND EMAIL TO, Iperrin@centraleigin.org. BIDS MUST BE RECEIVED at the office of: Lloyd J. Perrin Director of Physical Services The Municipality of Central Elgin 450 Sunset Drive ST. THOMAS, Ontario N5R 5V1 Not later than 2:00 p.m, local time, Tuesday February 280, 2012. PROPOSALS WILL BE OPENED AT A LATER DATE- RESULTS OF THE EVALUATION OF THE PROPOSALS WILL BE MADE PUBLIC NO LATER THAN MARCH 8T", 2012 RESPONDENTS ARE SOLELY RESPONSIBLE FOR ENSURING BIDS ARE RECEIVED BY THE MUNICIPALITY OF CENTRAL ELGINPRIOR TO THE CLOSING DATE AND TIME. FAILURE TO SUBMIT THE BID AS REQUESTED MAY RESULT IN IT BEING DISQUALIFIED. The lowest or any proposal no necessarily accepted. RFP 12-01,Curbside Waste Management Collection Services Municipalities of Bayham, Central Elgin and Malahide Request for Proposal 12-01 Residential Waste Management Collection Services Contents 1.0 DEFINITIONS.............................................................................................................................................................................1 2.0 CO-OPERATIVE PROCUREMENT&BACKGROUND INFORMATION ...........................................................................................6 3.0 SCOPE.......................................................................................................................................................................................8 3.1 Part A:Curbside Recycling Collection Service.......................................................................................................................8 3.2 Part B:Curbside Garbage Collection Services.......................................................................................................................8 3.3 Part C. Curbside Leaf and Yard Materials Collection Services.............................................................................................9 3.4 Port D: Bulk Bin Collection of Garbage..............................................................................................................................10 3.5 Part E:Combined Services for Curbside Recycling&Garbage, Yard Materials,Fall Leaf and Bulk Bin Collection Services10 3.6 PARTF:Open Scope............................................................................................................................................................10 4.0 COLLECTION SCHEDULE..........................................................................................................................................................11 4.1 Garbage Collection.............................................................................................................................................................11 4.2 Recycling Collection............................................................................................................................................................11 4.3 Leaf and yard Waste Collection..........................................................................................................................................11 4.4 Statutory Holidays......................................................................................................... ...11 4.5 Holiday Schedule Accommodation.....................................................................................................................................12 4.6 Hours of Work....................................................................................................................................................................12 5.0 SUCCESSFUL PROPONENT REQUIREMENTSAND GENERAL SPECIFICATIONS.........................................................................13 5.1 Implementation Prior to Start-up.......................................................................................................................................13 5.2 Coordination Meetings.......................................................................................................................................................14 5.3 Innovation Clause...............................................................................................................................................................14 5.4 Contractor's Base of Operation..........................................................................................................................................14 5.5 Scavenging.........................................................................................................................................................................14 5.6 Promotion&Education......................................................................................................................................................14 5.7 Cooperation with Demonstration Projects.........................................................................................................................15 5.8 Record Keeping&Reporting Requirements.......................................................................................................................15 6.0 COLLECTION VEHICLES............................................................................................................................................................16 6.1 General...............................................................................................................................................................................16 6.2 Age of Collection Vehicles...................................................................................................................................................16 6.3 Industry,Regulatory,Safety, Licensing& Other Standards................................................................................................16 6.4 Physical and Mechanical Requirements.............................................................................................................................16 6.5 Compaction Vehicles for Recycling Collection....................................................................................................................16 6.6 Appearance of Collection Vehicles.....................................................................................................................................16 6.7 Daily Supply of Collection Vehicles.....................................................................................................................................17 6.8 Co-operative Use of Collection Vehicles.............................................................................................................................17 6.9 Maintenance of Collection Vehicles....................................................................................................................................17 6.10 Additional Equipment for Collection Vehicle........................ .............................................................................................IS 6.11 Alternative Fuels/Green Fleet Initiatives..........................................................................................................................18 7.0 STAFFING...............................................................................................................................................................................19 7.1 Contract Supervision by the Contractor.............................................................................................................................19 7.2 Route Supervisor(s). ...........................................................................................................................................................19 7.3 Customer Service Standards........................................................................................................................•--....................19 7.4 Customer Service Training.................................................................................................................................................19 7.5 Health&Safety Standard...................................................................................................................................................20 7.6 Health&Safety Training....................................................................................................................................................20 7.7 Personnel Listing.................................................................................................................................................................20 7.8 Code of Conduct for Employees..........................................................................................................................................20 1 RFP 12-01,Curbside Waste Management Collection Services 8.0 COLLECTION PROGRAM SPECIFICATIONS...............................................................................................................................21 8.1 Collection Service................................................................................................................................................................21 8.2 Estimated Number of Tonnes to Collect.............................................................................................................................23 8.3 Adding/Replacing Materials to Collect...............................................................................................................................23 8.4 Waste Collection By-Law....................................................................................................................................................24 8.5 Collection Locations&Numbers.........................................................................................................................................25 8.6 Garbage Collection at Addresses of Bulk Bins....................................................................................................................25 8.7 General Operating Details for Collection............................................................................................................................25 8.8 Information Line......................................................................................... .......26 ................................................................. 8.9 Returning Containers after Emptying.......................................................................... ................27 8.10 Successful Proponent Not to Collect...................................................................................................................................27 8.11 Reporting of Non-Collectable Incidents&Use of Courtesy Stickers...................................................................................27 8.12 Missed Collection Stops by the Contractor and Late Set Outs by Residents.......................................................................28 8.13 Spillage and Litter...............................................................................................................................................................28 8.14 Mechanical or Oil Spills......................................................................................................................................................28 8.15 Labour Dispute Contingency and Emergency Plans................................................. ..28 ........................................................ 8.16 Processing&Disposal Locations........................................................................................................................................29 8.17 Weighing of Recyclable Material.......................................................................................................................................29 8.18 Recycling Residue Management............................................................ ..............30 8.19 Audits and Inspections........................................................................................................................................................30 8.20 Special Provisions...............................................................................................................................................................30 8.21 Schedule of Liquidated Damages .........................................................................................................................31 9.0 EVALUATION CRITERIA............................................................................................................................................................33 9.1 Methodology......................................................................................................................................................................33 9.2 Evaluation&Scoring of Technical Proposals......................................................................................................................36 10.0 RFP SCHEDULE........................................................................................................................................................................40 11.0 SUBMISSION INSTRUCTIONS..................................................................................................................................................41 11.1 Closing Date and Time........................................................................................................................................................41 11.2 Late Submissions................................................................................................................................................................41 11.3 Period of Acceptance..........................................................................................................................................................41 11.4 Inquiries.......................................................................................................................... ..............41 ...................................... 11.5 Rights Reserved by the Municipality..................................................................................................................................42 11.6 Treatment of Information................................................................ ......42 ............................................................................ 12.0 TECHNICAL SUBMISSIONS REQUIREMENTS............................................................................................................................43 12.1 General........................................................................................................................................................ ......................43 12.2 Specific Requirements............................................................................................. ...................43 ........................................ 13.0 REQUIREMENTS AT TIME OF CLOSING....................................................................................................................................47 13.1 Form of Proposal................................................................................................................................................................47 13.2 Technical Submission..........................................................................................................................................................47 13.3 Financial Proposal................................................................................ ..47 13.4 Certificate of Approval.......................................................................................................................................................47 13.5 CVOR....................................................................................................................................... ....47 ........................................ 13.6 Bid Deposit.........................................................................................................................................................................47 13.7 Letter of Agreement to Bond/Letter of Guarantee.............................................................................................................48 14.0 REQUIREMENTS AT TIME OF EXECUTION ...............................................................................................................................49 14.1 Executed Bond....................................................................................................................................................................49 14.2 Insurance and Indemnification...........................................................................................................................................49 14.3 Workplace Safety&Insurance Board.................................................................................................................................50 14.4 Safety Policies and Procedures and Related Documentation.............................................................................................50 14.5 Contract Document..................................................................... ......50 ................................................................................. ii RFP 12-01,Curbside Waste Management Collection Services 15.0 TERMS AND CONDITIONS.......................................................................................................................................................51 15.1 Contract Period...................................................................................................................................................................51 15.2 Renewal.......................... .......................,......................................................................................................51 15.3 Taxes............................................................................................................I............................. ...51 ..................................... 15.4 Inflation Adjustments.........................................................................................................................................................51 15.5 Per Stop or Unit Cost for Contract Additions/Deletions....................................................................................................52 15.6 Invoices&Documentation.................................................................................................................................................52 15.7 Payment.............................................................................................................................................................................52 15.8 Monies Due to the Municipality.....................................................................................................................................•--.53 15.9 Payment Prior to Start of Contract.............................................................................................................. ......................53 15.10 Interest...............................................................................................................................................................................53 15.11 Disputes..............................................................................................................................................................................53 15.12 Assignment.........................................................................................................................................................................53 15.13 Compliance with the Accessibility for Ontarians with Disabilities Act,2005......................................................................53 15.14 Changes in Law...................................................................................................................................................................54 15.15 Exclusion of Proponent in Litigation...................................................................................................................................54 15.16 Exclusion of Proponent Due To Poor Performance.............................................................................................................54 15.17 Termination of Contract.....................................................................................................................................................54 16.0 FORM OF PROPOSAL...............................................................................................................................................................56 Appendices APPENDIXA.1.........................................................................................................................................................................................57 Bayhom—Recycling&Garbage Collection Maps APPENDIXA.2.........................................................................................................................................................................................59 Central Elgin—Recycling&Garbage Collection Map APPENDIXA.3 .........................................................................................................................................................................................60 Malahide—Recycling&Garbage Collection Maps APPENDIXB.1..........................................................................................................................................................................................62 Bayhom—Leaf& Yard Collection Maps APPENDIXB.2..........................................................................................................................................................................................67 Central Elgin—Leaf& Yard Collection Maps APPENDIX8.3..........................................................................................................................................................................................74 Malahlde—Leaf& Yard Collection Maps APPENDIXC........................................................................................................................................................................... ...75 Bulk Bin Garbage Collection Locations APPENDIXD.1.........................................................................................................................................................................................76 Boyham—Garbage&Recycling Collection Calendar APPENDIXD.2................ ........................................................................................................................................................................78 Central Elgin—Garbage&Recycling Collection Calendar APPENDIXE.............................................................................................................................................................................................80 Checklist of Requirements to be met for Proposal APPENDIXF............................... .........................................................................................................................................................88 Acceptable Recyclable Materials APPENDIXG............................................................................................................................................................................................89 Manning Drive Material Recovery Facilty(MRF)Hours of Operation APPENDIXH............................................................................................................................................................................................90 Procedure for Off Loading Recyclables at Manning Drive Material Recovery Facility APPENDIXI..............................................................................................................................................................................................92 City of Toronto's Greenlane Landfill Site Hours of Operation APPENDIXJ ....................................................................................................................................................................... ..................93 Municipal Waste Resource Materials Collection Bylaws APPENDIXK...........................................................................................................................................................................................101 Anti-Idling Policy APPENDIXL...........................................................................................................................................................................................102 Municipality's Code of Conduct far Employees iii RFP 12-01,Curbside Waste Management Collection Services The Corporation of the Municipality Request for Proposal 11-01 Residential Waste Management Services 1.0 DEFINITIONS In this Request for Proposal (hereinafter referred to as RFP), the following definitions apply. The tables, packages and appendices' that are referred to in the definitions are described elsewhere in this RFP. The word "shall" will be construed as imperative and the word "may" as permissive. Aluminium Food & Beverage Cans means all cleaned aluminium food and beverage containers. Aluminium Foil means all pie plates, tart containers, TV dinner trays, roasters, and household foil (not contaminated with food). Alternative Fuels means fuels that generally reduce harmful pollutants and exhaust emissions. Approved Recycling Container means the container(s) the Municipality has approved for usage by participants in the Curbside Program. Table 2 summarizes the Approved Recycling Containers for this program. Approved Recycling Containers may include: Blue Boxes, and plastic grocery bags (for fibres only). Please note that while the Municipality does not promote the use of rigid containers (e.g. crates tubs, pails or baskets), residents are permitted to use them. The successful proponent shall collect recyclables set out in rigid containers which is similar in shape and size to a blue box. Approved Garbage, Yard Material, and Fall Leaf Containers as specified in bylaws where they exist. (Appendix J). Aseptic Containers means any multi-layered beverage and food box container. Boxboard means single layer paperboard packaging such as cereal and shoe boxes. Municipality Clerk means the person for the time being filling the office of Clerk for the Corporation of the appropriate municipality where the work is being completed or the person then acting as such. Municipality Or Corporation means the municipality where the work is being undertaken. Municipality Solicitor means the person for the time being filling the Office of Solicitor for the Corporation or the person then acting as such. Collection Vehicles means the vehicles used to collect Recyclable Material, Garbage, Yard Material, and Fall Leaves. i ■ The Recycling Collection Vehicles to be used for the performance of the recycling collection service must have fully enclosed steel bodies to prevent loss or spillage of Recyclables. Collection Vehicles must also be mounted on an adequate truck chassis, and they must be capable of loading and unloading Recyclables (at the Curbside residential complexes, Municipally Approved Locations and at the Material Recovery Facility). Both automated and non automated Recycling Collection Vehicles are allowed. RFP 12-01,Curbside Waste Management Collection Services Collection Vehicles...cont'd ■ The Packer Collection Vehicles to be used for the performance of collection of garbage, yard material and fall leaf collection service must be mounted on an adequate truck chassis, and they must be capable of loading and unloading garbage, yard materials and fall leaves at the Curbside as well as the Landfill and composting facility. Composting Facility means a facility that accepts Yard Materials and Fall Leaves as defined in this RFP makes provision to remove contaminants from said materials and manually and/or mechanically composts the materials. For material collected in Central Elgin, the material shall be hauled to the White Station Operations Centre located at 42343 Fruit Ridge Line. For Malahide and Bayham the contractor shall be required to find its own disposal site. Both Malahide and Bayham may consider licensing a local municipal site in the future and they wish to negotiate pricing in the future if those sites are developed Consumer Price Index or CPI means the Consumer Price Index for Ontario, all items(excluding gasoline), as published by Statistics Canada or a comparable successor to such price index should the Consumer Price Index for Ontario, all items excluding gasoline, be discontinued in its present form. Contract Document means the executed Legal Agreement between the Municipality and the Contractor, the Form of Proposal, Contract Maps/Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement, and subsequent amendments to the Contract Document made pursuant to the provisions of the Legal Agreement. Contractor or a pronoun in place thereof means the Proponent or Proponents to whom the Contract has been awarded and who has undertaken to carry out the work as per the Project Specifications and the Form of Proposal. Contractor will be used interchangeable with Successful Proponent throughout the RFP. Corrugated Cardboard or Old Corrugated Cardboard (OCC) means any paperboard product which consists of a rippled paper insert with paper liners bonded to the outside of the product. Council means the Municipal Council of any one of the three municipalities named in the RFP. Curbside Collection Service means the service that commences at the street curb in front of a residence, or other establishment (eg. business, school, etc), as specified in the Specifications. Designate means the person for the time being who has been appointed to act on behalf of each Municipality Director of Physical Services for the purpose of administrating this proposed Contract once executed. Director of Physical Services during the proposal call, means the Director of Physical Services for the Municipality of Central Elgin. After the proposal call and the contract has been awarded means the person responsible for waste management services in each of the respective municipalities. For Central Elgin and Malahide it shall mean the Director of Physical Services for the respective municipality. For Bayham it shall mean the Manager of Public Works, Empty Paint Cans means any empty paint can with or without dried residue (lid removed), and falls within the meaning of the definition "empty container" in the regulations made under the Province of Ontario's Environmental Protection Act. 2 RFP 12-01,Curbside waste Management Collection Services Empty Aerosol Cans means empty steel aerosol containers Fine & Mixed Paper means computer paper, all white and coloured ledger paper, which includes writing pad paper, letterhead, reports, business forms, copy paper and scratch pads, flyers, envelopes, advertising mail, fibre egg cartons, paper cores, books, kraft paper and other clean paper packaging. Gable Top Cartons includes any folding top paper beverage or food container. Garbage means all drained animal and vegetable waste material from the preparation of food, sweepings, ashes, discarded household utensils and wearing apparel, ceramics, multi-material products and packages, non-recyclable glass containers, dog, cat and other pet feces and litter placed inside a sealed and leak-free bag, diapers placed in a sealed and leak-free bag, empty dried paint cans, empty aerosol cans and other materials as designated by the Director of Physical Services from time to time_ Glass Bottles & Jars includes all glass food and beverage bottles and jars. This will include some Liquor Control Board of Ontario (L.C.B.O.) glass. HDPE #2 Plastic Bottles, Jugs & Tubs means High Density Polyethylene plastic bottles, jugs and tubs with SPI code 2. HDPE #2 Plastic Food, Beverage & Liquid Containers means High Density Polyethylene plastic food, beverage and liquid containers with SPI code 2. LDPE #4 Plastic Bottles, Jugs & Tubs means Low Density Polyethylene plastic bottles, jugs and tubs with SPI code 4. LDPE #4 Plastic Food, Beverage & Liquid Containers means Low Density Polyethylene plastic food, beverage and liquid containers with SPI code 4. Leaf & Yard Materials means garden trimmings, hedge trimmings, leaves, fall leaves, brush, and vegetable and plant matter. Magazines & Catalogues means all magazines and catalogues bound with glue or stapled along the spine. Material Recovery Facility (MRF) means a facility that accepts Recyclable Material as defined in this RFP; makes provision to remove contaminants from said recyclables; manually and mechanically sorts the recyclables and prepares recyclables for end markets. Missed Collection means that 14 residential units or less have been missed off of an individual driver's Route. Missed Route means that 15 residential units or more have been missed off of an individual driver's Route. Municipality means the Municipality of Bayham, Municipality of Central Elgin, or the Township of Malahide either in a singular or collective context_ Newsprint means all newspapers including the inserts that are delivered therein. "Open Scope" Section This Section is available to the contractor to provide any additional services or varying the scope of services outlined in the RFP document. The contractor shall provide a complete description of what is being proposed an provide such description in 3 RFP 12-01,Curbside Waste Management Collection Services Envelope 1 — Technical Submission. The pricing shall be included in Envelope 2 — Pricing Submission_ #7 Plastic Food, Beverage & Liquid Containers means any layered plastic food, beverage and liquid container with SPI code 7. Per Stop Cost means the cost to provide services to households, businesses and locations where waste collection services are to be provided, as specified by the Proponent. PET #1 Plastic Bottles, Jugs &Tubs means Polyethylene Terephthalate plastic bottles, jugs and tubs with SPI code 1 (excludes rigid clamshell containers), (existing recycling program, Package 1). PET #1 Plastic Food, Beverage & Liquid Containers means Polyethylene Terephthalate plastic food, beverage and liquid containers with SPI code 1 (includes rigid clamshell containers), (expanded recycling program, Package 2). PP #5 Plastic Bottles, Jugs & Tubs means clean Polypropylene plastic bottles,jugs and tubs with SPI code 5 (existing recycling program, Package 1). PP #5 Plastic Food, Beverage & Liquid Containers means clean Polypropylene plastic food, beverage and liquid containers with SPI code 5. Proponent means the Company and Company representative(s) submitting the Proposal(s) for the Work defined by this Contract. Proposal Document means the RFP in its entirety including any addenda. PS #6 Plastic Food, Beverage & Liquid Containers means clear, rigid polystyrene plastic materials such as those used for food, beverage and liquid containers such as cups, plates, food trays with SPI code 6 (expanded recycling program, Package 2). PVC #3 Plastic Food, Beverage & Liquid Containers means clean Polyvinyl chloride plastic food, beverage and liquid containers with SPI code 3 (expanded recycling program, Package 2). RFP means Request for Proposal. Recyclable Materials or Recyclables means those materials listed within the Acceptable Recyclable Materials to be collected (Appendix F). A definition of each individual Recyclable Material or Recyclable has been provided in this list of definitions. Residues mean those materials that are: not comprised of Recyclable Materials (as per the selected Package under section 8.1.1); • improperly sorted; and • excessively dirty or grimy such that the processed recyclables fail to meet market specifications. Rigid Container means a permitted recycling container which includes rigid plastic or metal containers that residents may use to contain Recyclable Materials at the Curbside. Examples of Rigid Containers are laundry baskets, pails, crates and tubs. In its communication with residents, the Municipality will promote the use of Blue Boxes and will not promote the use of Rigid Containers. 4 RFP 12-01,Curbside Waste Management Collection Services Roadway means the part of a street improved, designed or ordinarily used for vehicular traffic. Route means the pre-established number of stops, served in the same sequence, by the same Collection Vehicle each collection cycle. The geographic area (i.e. the number of streets) along with the number and sequence of stops to be serviced by each individual Collection Vehicle will be those established by the Director of Physical Services/ Designate in conjunction with the Successful Proponent prior to the launch of the Contract. SPI Code means the Society of Plastics Industry voluntary coding system for plastic that identifies bottles and other containers, packaging and products by predominant polymer type to assist in the sorting of plastic by resin composition.. Spiral Wound Containers (also called composite containers) are food containers with metal ends with a spiral wound body made of paper and various other materials. Steel Food & Beverage Cans means all steel food and beverage cans, empty steel paint cans with lids removed. Stop means a residence, business or other location identified in this RFP which will be provided with waste collection services. A Stop is the basis on which Proponents will provide unit pricing. Street means a highway, road, lane, avenue, court, boulevard, square, place, crescent or other public way under the jurisdiction of the Municipality, the County of Elgin or the Province of Ontario. Successful Proponent or a pronoun in place thereof means the Proponent(s) to whom the Contract has been awarded and who has undertaken to carry out the Work as per the Contract Specifications. Successful Proponent will be used interchangeable with Contractor. Telephone Books means all telephone directories. Waste means garbage and rubbish that will be placed curbside for collection, but it shall not include non-collectable waste or resource materials such as recyclables, leaf and yard waste or household hazardous waste. Waste Collection Receptacles means metallic or plastic cans, polyethylene bags and metal bins. Work or Works (Unless the context requires a different meaning) means the whole of the Works, materials, matters and things required to be done or supplied, mentioned, or referred to in the Contract, including all extra or additional work or material, matters or things which may be ordered by the Director of Physical Services/ Designate as herein provided. Leaf& Yard Materials Receptacles means reusable metallic or plastic cans, paper yard waste bags. The words authorized, directed, required, requested, approved, ordered, sanctioned, and satisfactory, unless some other meaning is obvious from the context, shall mean respectively authorized, directed, required, requested, approved, ordered, or sanctioned by or satisfactory to the Director of Physical Services. 5 RFP 12-01, Curbside Waste Management Collection Services 2.0 CO-OPERATIVE PROCUREMENT & BACKGROUND INFORMATION This Request for Proposals (RFP) is being issued as a cooperative procurement venture between the municipalities of Bayham, Central Elgin and Malahide. Economies of scale in terms of pricing and municipal staff resources as well as trying to achieve a standard level of service across the larger geographical area are prime objectives of this cooperative procurement initiative. Each participating municipality represents a separate corporate entity charged with the responsibility of purchasing and accounting for its respective portion of the proposed total. The cancellation terms are set out in section 15.17 in this document. The Municipalities of Bayham, Central Elgin and Malahide (hereinafter referred to as the Municipality) are requesting proposals to acquire the services of a Contractor(s) to: ■ Collect Recyclables from Curbside stops in the respective municipalities (approximately 11,500 stops total) for a seven (7) year, period beginning June 1, 2012, with the option for the Municipality to renew for two additional one (1) year period, for a total of up to nine (9) years. ■ Collect Garbage, from Curbside stops in their respective municipalities (approximately 11,500 stops total) for a seven (7) year, period beginning June 1, 2012, with the option for the Municipality to renew for two additional one (1) year period, for a total of up to nine (9) years. ■ Collect Yard Materials, and Fall Leaves from Curbside stops in their respective municipalities in the urbanized areas for 4 weeks in the Spring and 4 Weeks in the late Fall. (approximately 5092 stops total) for a seven (7) year, period beginning June 1, 2012, with the option for the Municipality to renew for two additional one (1) year period, for a total of up to nine (9) years. The Work has been divided into different "Parts that include some or all of the aforementioned Work as follows; proponents can submit proposals on Parts A, B, C, D or E. Part A; Recycling Collect recycling as follows: A.1 Weekly curbside collection of recyclables in Bayham is estimated at 2753 stops A_2 Weekly curbside collection of recyclables in Central Elgin is estimated at 5,500 stops A.3 Weekly curbside collection of recyclables in Malahide is estimated at 2904 stops AA Weekly curbside collection of recyclables in Bayham, Central Elgin and Malahide is estimated at 11,160 stops Part B• Garbage, Collect garbage as follows: B.1 Weekly curbside collection of garbage in Bayham is estimated at 2753 stops B.2 Weekly curbside collection of garbage in Central Elgin is estimated at 5,500 stops B.3 Weekly curbside collection of garbage in Malahide is estimated at 2904 stops BA Weekly curbside collection of garbage in Bayham, Central Elgin and 6 RFP 12-01,Curbside Waste Management Collection Services Malahide is estimated at 11,160 stops Part C: Leaf and Yard Materials, The partner municipalities are wishing pricing on the weekly collection of Leaf and Yard Waste within the "urbanized" areas for a four week period in the Spring and a four week period in the Fall. Collect Leaf and Yard Materials as follows: C.1 Weekly curbside (four weeks in the spring and four weeks in the fall) collection of garbage, leaf & yard waste in Bayham is estimated at 1219 stops C.2 Weekly curbside (four weeks in the spring and four weeks in the fall) collection of garbage, leaf& yard waste in Central Elgin is estimated at 3,300 stops C.3 Weekly curbside (four weeks in the spring and four weeks in the fall) collection of garbage, leaf& yard waste in Malahide is estimated at 573 stops C.4 Weekly curbside (four weeks in the spring and four weeks in the fall) collection of garbage, leaf & yard in Bayham, Central Elgin and Malahide is estimated at 5092 stops Part D: Bulk bin collection The partner municipalities are wishing pricing on the supply and management of bulk bin collection at a number of private and municipally owned sites. Predominately the sites are on municipally owned lands such as community centres, operations centers, arenas and municipal offices. In Central Elgin there are 2 private condominium sites that require the use of bulk collection bins due to the constraints on the property and the inability to drive a conventional packer on the site. Typically the collection will be on a weekly basis at all sites. Given seasonal demands, there may be a need to collect bins on a more frequent basis. The details of these bins are included in Appendix C, where the size, location and frequency of dumping is outlined. Part E: Combined contract for all services Includes all Work as described under Parts A, B, C, and D. 7 RFP 12-01, Curbside Waste Management Collection Services 3.0 SCOPE 3.1 Part A: Curbside Recycling Collection Service The Work to be done under this Part shall consist of the supply of all materials, vehicles, facilities, equipment and labour necessary for the operation of Curbside recycling collection services within the municipal boundary of the Municipality and all related Work as described herein. The Curbside Recycling Collection Service will operate within each municipal area as defined by the maps entitled Recycling Collection Maps (Appendix A). In all cases it is expected that the proposed approach for the collection of recyclables includes the management of materials in a manner that minimizes the cost to the Municipality by establishing an efficient collection that maximizes diversion rates as well as revenues. Without in any way limiting the scope of the foregoing, the Successful Proponent shall: a) Collect and sort recyclables at the curb into two streams (fibres and containers) from all stops that are served by the recycling collection program. The preference is that the Recycling collection will be on the same day as garbage collection. However, if there is a substantive cost savings to have recycling collection on a different day as the garbage collection then this will be considered. If the contractor is proposing different collection days for Garbage and Recycling this should be priced in the "Open scope" section of the proposal. b) All three municipalities have executed agreements with the City of London for the processing and marketing of recyclables. With respect to pricing please provide pricing for each individual municipality to deliver all sorted Recyclable Materials to the City of London, Manning Drive Material Recovery Facility located at 3290 Manning Drive, London, ON. The Municipality of Bayham is open to having recyclables processed and marketed at a different location. Pricing of this work should be identified in the "Open Scope" section of the RFP. The type and range of materials accepted at the alternate MRF should be comparable to that identified in Appendix F. The contractor shall state the items accepted within the recycling stream, the location of the MRF and any revenue that the municipality could expect from the sale and marketing of the recyclable products. In the event that Bayham accepts this pricing and location, it shall be the responsibility of the successful contractor to secure an agreement with the receiving MIRE equal to the term of this contract. All terms and conditions of this agreement shall be to the satisfaction of the Municipality of Bayham. c) Maintain a comprehensive reporting program to the Municipality, on a monthly basis or as required by the Municipality, concerning all collection program operations. d) There will be a requirement for contractors to enter onto private property to pick up recyclables. The properties are typically plans of condominium and mobile home parks. 3.2 Part B: Curbside Garbage Collection Services The Work to be done under this Part shall consist of the supply of all materials, vehicles, facilities, equipment and labour necessary for the operation of a Curbside Garbage collection service within the municipal boundaries and all related Work as described herein. The Garbage collection service will operate within the municipalities as defined by the maps entitled Curbside Garbage Collection Maps (Appendix A). The preference is that the Recycling collection will be on the same day as garbage collection. However, if there is a substantive cost savings to have recycling collection on a different day as the garbage collection then this will be considered. If the contractor is proposing different collection days for Garbage and Recycling this should be priced in the "Open scope" section of the proposal. 8 RFP 12-01,Curbside Waste Management Collection Services All three municipalities currently have separate agreements with the City of Toronto to facilitate dumping of Garbage at the Green Lane Landfill located at 38590 Third Line, Township of Southwold, ON. In all cases it is expected that the proposed approach for the collection of Garbage includes the management of these materials in a manner that minimizes the cost to the Municipality by establishing an efficient collection system. Without in any way limiting the scope of the foregoing, the Successful Proponent shall: a) Collect Garbage at the curb from all curbside stops, that are served by the garbage collection program and deliver the material collected to Green Lane Landfill or such locations as the Director of Physical Services may, in writing designate. In the case of Bayham, The Municipality of Bayham is open to having garbage landfilled at a different location other than Green Lane Landfill. A contractor may elect to landfill garbage at a location other than Green Lane. If the contractor elects to provide an option for the disposal landfill, pricing of this work should be identified in the "Open Scope" section of the RFP. The contractor shall state the location of the landfill and the tipping fee attributed to the disposal of the material. In the event that Bayham accepts this pricing and location, it shall be the responsibility of the successful contractor to secure an agreement with the receiving landfill equal to the term of this contract. All terms and conditions of this agreement shall be to the satisfaction of the Municipality of Bayham. b) Maintain a comprehensive reporting program to the Municipality, on a monthly basis, or as required by the Municipality, concerning all collection program operations, c) There will be a requirement for contractors to enter onto private property to pick up garbage. The properties are typically plans of condominium and mobile home parks. 3.3 Part C: Curbside Leaf and Yard Materials Collection Services The Work to be done under this Part shall consist of the supply of all materials, vehicles, facilities, equipment and labour necessary for the operation of a Curbside Leaf & Yard Materials collection service within the urbanized areas in the municipal boundaries and all related Work as described herein. The Leaf & Yard Materials collection service will operate within the municipalities as defined by the maps entitled Curbside Leaf & Yard Materials Collection Maps (Appendix B). In all cases it is expected that the proposed approach for the collection of Leaf & Yard Materials includes the management of these materials in a manner that minimizes the cost to the Municipality by establishing an efficient collection system. Without in any way limiting the scope of the foregoing, the Successful Proponent shall: a) Collect Leaf & Yard Materials at the curb from all stops as specified, which are served by the Yard Materials collection program, and in the case of: a. Bayham will deliver all collected leaf & yard materials to an approved licensed location of the contractor's desire or such locations as the Director of Physical Services may, in writing designate. b. Central Elgin will deliver all collected leaf & yard materials to the White Station Operations Centre located at 42343 Fruit Ridge Line, Central Elgin, ON or such locations as the Director of Physical Services may, in writing designate. 9 RFP 12-01,Curbside Waste Management Collection Services c. Malahide will deliver all collected leaf & yard materials to an approved licensed location of the contractor's desire or such locations as the Director of Physical Services may, in writing designate. b) Maintain a comprehensive reporting program to the Municipality, on a monthly basis, or as required by the Municipality, concerning all collection program operations_ c) There will be a requirement for contractors to enter onto private property to pick up leaf and yard waste. The properties are typically plans of condominium and mobile home parks. 3.4 Part D: Bulk Bin Collection of Garbage The Work to be done under this Part shall consist of the supply of all materials, vehicles, facilities, equipment and labour necessary for the operation of a Bulk Bin Collection Program for Garbage collection service within the municipal boundaries and all related Work as described herein. The Bulk Bins will be located at municipally owned facilities including but not limited to, community centres, municipal operations centres, libraries, and in multi-family residential properties where operation of standard curbside collection equipment is difficult_ Bulk Bin collection service will operate within the municipalities as defined by the maps entitled Bulk Bin Garbage Collection Maps (Appendix C). In all cases it is expected that the proposed approach for the collection of Garbage utilizing Bulk Bins includes the management of these materials in a manner that minimizes the cost to the Municipality by establishing an efficient collection system. Without in any way limiting the scope of the foregoing, the Successful Proponent shall: a) Collect Garbage from all locations, that are served by bulk collection bins and deliver the garbage to the landfill locations as described in section 3.2a) above or such locations as the Director of Physical Services may, in writing designate. b) Maintain a comprehensive reporting program to the Municipality, on a monthly basis, or as required by the Municipality, concerning all collection program operations. 3.5 Part E: Combined Services for Curbside Recycling &Garbage. Yard Materials, Fall Leaf and Bulk Bin Collection Services This part includes all work as described under Sections 3.1 and 3.2 and 3.3 and 3.4 3.6 PART F: Open Scope The Open Scope section of the RFP provides complete flexibility to the contractor. Any changes in scope from that clearly indicated in Parts 3.1, 3.2, 3.3 and 3.4 which is being proposed by the contractor should be described and priced under section 3.6, Open Scope. Changes in service levels that one may wish to price under the Open Scope Section include by are not limited to biweekly collection of garbage in winter monthes for example. �n RFP 12-01,Curbside Waste Management Collection Services 4.0 COLLECTION SCHEDULE 4.1 Garbaae Collection Garbage will be collected weekly. Residents are required to put their garbage to curbside on the day of collection prior to 7:00 am. All garbage shall be removed from curbside prior to 5:00 pm by the contractor. There is some latitude for the contractor to review the collection areas and provide a proposal respecting when collection will be provided. Given the seasonal and transient nature of the cottage population in Port Stanley it is mandatory that weekly collection for Port Stanley will be provided on Monday. In order to reduce the confusion for residents, the municipality does have a preference that the curbside collection of recyclables and garbage will be completed weekly on the same day of the week. However, if there is a substantive cost savings to have recycling collection on a different day as the garbage collection then this will be considered. 4.2 Recyclina Collection Recycling will be collected weekly. Residents are required to put their Blue Box recycling to curbside on the day of collection prior to 7:00 am. All recycling shall be removed from curbside prior to 5:00 pm by the contractor. There is some latitude for the contractor to review the collection areas and provide a proposal respecting when collection will be provided. Given the seasonal and transient nature of the cottage population in Port Stanley it is mandatory that weekly collection for Port Stanley will be provided on Monday. In order to reduce the confusion for residents, the municipality does have a preference that the curbside collection of recyclables and garbage will be completed weekly on the same day of the week. However, if there is a substantive cost savings to have recycling collection on a different day as the garbage collection then this will be considered. 4.3 Leaf and yard Waste Collection Leaf & Yard Materials are collected during Green Weeks as listed on the Municipality's Waste Calendar. A copy of the 2011/2012 calendar can be found in Appendix D. The Municipality(s) will provide curbside collection of Leaf and yard waste every spring commencing the mid April and ending the middle of May (4 weeks total) in the areas as identified in Appendix B.. In the fall the Municipality notifies residents each October of the Green Weeks collection schedule. The start of the collection will be weather dependant based on seasonal affects on trees etc. Typically the collection will commence near the third week of October with the collection of Leaf and Yard materials to be conducted weekly for four (4) weeks. Residents are required to put their Yard Materials and Fall Leaves to the curb by 7:00 a.m. Monday morning of Green Week. The Successful Proponent will have until Friday at 4:00 pm of Green Week to collect these materials. The contractor shall provide weekly collection to all designated areas for four (4) weeks in the spring and four (4) weeks in the Fall. 4.4 Statutory Holidays For the purpose of this Contract, Statutory Holidays will be the following days: ■ New Year's Day August Civic Holiday ■ Family Day Labour Day • Good Friday ■ Thanksgiving Day Easter Monday N Christmas Day ■ Victoria Day • Boxing Day ■ Canada Day 11 RFP 12-01,Curbside Waste Management Collection Services 4.6 Holiday Schedule Accommodation The Municipality notifies residents each year of the collection schedule for Statutory Holidays. Those receiving the Curbside collection services are informed of the Statutory Holiday schedule through the Collection Calendar. It is important to note that in the event of a Statutory Holiday falling within a given week, the contractor shall make accommodation to ensure that every resident is provided curbside collection of Garbage and Recyclables. Given the increased cost to man the Green Lane Landfill and the London MRF the municipalities prefer not to collect Garbage and Recycling on Statutory Holidays the contractor should make provisions to not collect Garbage and Recycling on Statutory Holidays unless alternative storage of materials collected is provided by the contractor. Such storage must be in compliance with all applicable federal, provincial and municipal laws. In the past, the Saturday of the week that contained the statutory holiday was used to provide this level of collection. 4.6 Hours of Work The Successful Proponent will conduct operations so as not to create a nuisance or disturb the peace unnecessarily. Collection Vehicles may not collect materials prior to 7:00 a.m. in the case of recycling collection, each designated area must be completed by 5:00 p.m. and the recyclables unloaded at the City' of London's MRF at 3290 Manning Drive prior to 6:00 p.m. or at the designated MRF prior to regular closing hours. In the case of garbage collection, each Municipal Area must be completed by 3:00 p.m. and the garbage unloaded at the designated landfills prior to regular closing hours of Green Lane Landfill this is 5:00 pm. In the case of leaf & yard materials, each Municipal Area must be completed by 5:00 p.m. and the material unloaded at the designated processing facilities prior to closing. Whenever the Successful Proponent desires to depart from the normal working hours specified above (e.g. to compensate for weather conditions), approval from the Director of Physical Services I Designate must be obtained. No Saturday or Sunday work will be permitted except in the case of an emergency or if directed by the Director of Physical Services/ Designate. Whenever, in the judgment of the Director of Physical Services / Designate, it may be necessary or expedient to do additional work from the day collection service at night, on Saturdays, Sundays, holidays or before or after the normal work day, such night or overtime work shall be performed by the Successful Proponent without additional or extra cost to the Municipality. 12 RFP 12-01,Curbside Waste Management Collection Services 5.0 SUCCESSFUL PROPONENT REQUIREMENTS AND GENERAL SPECIFICATIONS 5.1 Implementation Prior to Start-uq The Successful Proponent shall, within two (2) weeks of the receipt of a set of Executed Contract Documents, submit a proposed implementation schedule to the Director of Physical Services I Designate for approval. This implementation schedule shall show clearly, in weekly stages, the proposed progress of the main items such as: evidence of purchase plans for Collection Vehicles; initiation of agreements with the sub-contractors (if any) as well as staff recruitment and selection plans. Collection Vehicles A minimum of one (1) month prior to Contract start-up, the Successful Proponent will submit for the Director of Physical Services / Designate review a finalized listing of all the vehicles to be utilized in the collection program which includes: ■ Make, Model, ■ Type, ■ Size (i.e. capacity), ■ The year of purchase for each vehicle, its life expectancy and anticipated replacement date. Collection Routes A minimum of two (2) months prior to Contract start-up, the Successful Proponent will also submit Route maps for the Director of Physical Services / Designate approval. The Route maps are to clearly outline: ■ the Route for each truck on each collection day, the vehicle license number, route number and truck number, ■ the starting time and location for each route/truck, ■ the approximate finishing time and location for each route/truck, and ■ the location of town homes, Special consideration collections, or any other location with special collection needs. The Municipality will keep a copy of all route maps. The individual collection routes and collection days will not be changed during the Contract without prior written approval of the Director of Physical Services/ Designate. Drivers shall retain the same route and truck number for each collection day and shall maintain a consistent collection time pattern (i.e. pass by a house at approximately the same time each collection day). It is the contractor's responsibility to ensure that any new, replacement or temporary collection workers are well trained in the collection route. In the event that the driver deviates from the approved collection route without the written approval of the Director of Physical Services / Designate and collections are missed, the driver shall return back to the missed area/property and collect the garbage or recycling during the same day of collection. No additional compensation will be provided for this return. Collection Vehicle Pictures I Inspections A minimum of two (2) weeks prior to the commencement of the Contract, the Successful Proponent shall supply the Municipality with digital pictures of each collection vehicle. The pictures will clearly show the front, rear and two sides of each collection vehicle dedicated to the Contract. 13 RFP 12-01,Curbside waste Management Collection Services The Director of Physical Services / Designate may elect to inspect the Contractor's fleet at the Contractor's facility at least two weeks prior to the start of the waste management collection service to ensure there are adequate Collection Vehicles assigned for the Contract. Appendix E contains a checklist of all the requirements that must be met prior to start up and their respective due dates. 5.2 Coordination Meetings The Successful Proponent shall attend such meetings with Municipality staff as may be required by the Municipality to co-ordinate services affected by the Contract both prior to start- up and during the term of the Contract. 5.3 Innovation Clause To ensure continuous improvement and best practices, the Successful Proponent shall attend meetings bi-annually, or as otherwise agreed upon, to present and discuss proposals for improvements to the effectiveness (percent of material being recovered) and efficiency (net cost of the materials recovered) of the Contract being delivered. At this time, both parties can bring forward and discuss possible Contract amendments. Any innovation Contract amendments will be at the sole discretion of the Municipality and agreed to by the Successful Proponent and subject to approval by Municipality Council. 5.4 Contractor's Base of Operation Satisfactory to the municipality, the Successful Proponent shall maintain an office or base of operation within the geographic region during normal business hours (7:00 a.m, to 5:00 p.m.). The office/base of operation shall be equipped with telephones, computers (with high speed internet and email capability) and a fax machine. The Successful Proponent shall staff the site during normal business hours, Monday to Friday to receive correspondence from the Director of Physical Services / Designate regarding contracting issues and to help carry out the work and corrective actions. The base of operation shall have adequate parking space available to accommodate the parking requirements of the collection vehicle fleet and any other vehicles used in the administration of the Contract. The Director of Physical Services / Designate may visit the Contractor's office from time to time to participate in meetings and to ensure the that the facilities are adequately meeting the needs of the Contract. The Proponent shall provide information regarding their office in their Technical Submission. 5.5 Scavenging Under no circumstances shall the Successful Proponent's staff engage in scavenging of materials collected through the Municipality's waste collection programs or scavenge materials at the facility designated to receive the Municipality's materials. 5.6 Promotion & Education The Municipality will be responsible for the design, production and distribution of all required promotion and education materials. The Successful Proponent will participate in the operation of promotion and education campaigns to raise recycling and waste reduction awareness within the Municipality. Components of the promotion and education campaigns will include, but are not limited to: 14 RFP 12-01,Curbside Waste Management Collection Services contact with the public on collection routes (e.g_ answering questions, providing information), utilization of stickers etc_ to identify unacceptable items placed at curbside or not properly using was waste reduction tools such as "bag tags". 5.7 Cooperation with Demonstration Projects In the event a Demonstration Project is undertaken, the Municipality may suspend, delay and, or monitor all or a portion of the Work in a defined area. The Municipality may or may not require the Successful Proponent's workforce and, or equipment to participate in, or operate a Demonstration Project. Should the Successful Proponent's workforce and, or equipment be required, the basis of payment will be determined at the time of the project by the Municipality through mutual consent with the Successful Proponent. The Director of Physical Services / Designate reserves the right to contract or partner with any other person, agency or firm, for the purposes of conducting any Demonstration Project. 5.8 Record Keeping & Reporting Requirements The Successful Proponent is to maintain a comprehensive record keeping program and submit reports to the Director of Physical Services/Designate concerning program operations. Table 1 details the record keeping and reporting requirements and their respective due dates. Table 9: Record and Report Items RECORD or REPORT ITEM DUE DATE Age of Vehicles Within fourteen(14)days of Report each time a Collection Vehicle is replaced either because it has exceeded the the change_ eight(8)year mark or due to mechanical failure. Accidents All accidents MUST be accurately documented and reported (whether minor or Immediately(within one(1) major) involving the public or damage to private or public property within one(1)hour hour of the incident). of occurrence. Damage Claims Within two(2)business Provide written records and copies of claims(for each occurrence)where damages days of receipt of the have been sustained, and as they apply to the Contract. record or claim. Mechanical or Oil Spills Report any spills to the Spills Action Centre of the Ministry of the Environment(1- Immediately(within one(1) 800-268-6060) in addition to the Director of Physical Services/Designate. hour of the incident). Routine Collection Issues &Corrective Actions Notify the Municipality of corrective measures taken to resolve routine collection End of Day or at a time issues such as missed stops, broken blue boxes/carts,etc. brought to the attention of agreed by the Municipality. the Successful Proponent by the Municipality. Non-routine Collection Issues &Corrective Actions Notify the Municipality of all non-routine collection issues such as incomplete routes, Immediately(within one(1) disagreements between a resident and a collector, etc. and the proposed corrective hour of the incident). measures to be taken in response to the issue. Commercial Vehicle Operator's Registration(CVOR) Annually(September) Provide evidence of a valid CVOR throughout the Contract. Certificate of Approval of a Waste Management System Provide evidence of a valid Certificate of Approval of a Waste Management System Annually(September) throughout the Contract. Resolved Claim Notification Provide written confirmation that all claims for damages from residents were resolved 30 days following the claim within thirty(30)days of the receipt of a claim. 15 RFP 12-01, Curbside Waste Management Collection Services 6.4 COLLECTION VEHICLES 6.1 General The Successful Proponent is required to provide appropriate collection vehicle(s) for the fulfillment of the work in accordance with the terms of this Request for Proposal. Failure to provide such collection vehicle(s) shall be sufficient reason to declare the Successful Proponent in default and forfeiture of the Performance Bond to the Municipality. 6.2 Age of Collection Vehicles All collection vehicles used in the performance of the work shall not exceed eight (8) years of age at the commencement of the Contract and no collection vehicle, including spare collection vehicles shall exceed eight (8) years of age during the term of the Contract. 6.3 Industry, Regulatory. Safety. Licensing & Other Standards The Successful Proponent will have a valid Commercial Vehicle Operators Registration (CVOR), and the Overall Safety Rating must be satisfactory (audited or unaudited). The CVOR must be maintained in this standing with the Ministry of Transportation for the duration of the Contract. Similarly, the Successful Proponent will also hold in good standing, a valid Certificate of Approval for a Waste Management System with the Ministry of Environment as it is required for waste hauling activity. Overall, collection vehicles to be used for the performance of service must conform to all current industry, regulatory, safety, licensing and other applicable standards as amended. 6.4 Physical and Mechanical Requirements All collection vehicles must have fully enclosed steel bodies to prevent loss or spillage of the materials. Collection vehicles must also be mounted on an adequate truck chassis. 6.5 Compaction Vehicles for Recycling Collection Compacting or non-compacting vehicles may be used for Recycling Collection Service. Where Recycling Collection Vehicles capable of compaction are in use, the Successful Proponent will adhere to a maximum allowable compaction pressure equivalent to 2:1 for both the container and fibre streams. 6.6 Appearance of Collection Vehicles The body of all collection vehicles shall be freshly painted at the Contractor's expense prior to commencement of the work. It is expected the collection vehicles will be maintained in a rust free condition for the duration of the contract. Throughout the contract the Municipality will require the Successful Proponent to re-paint any or all collection vehicles not in a rust free condition at the Contractor's expense. The Successful Proponent will not carry advertising on the collection vehicles. Recycling and other waste management messages may be promoted on the collection vehicles with the approval of the Director of Physical Services/ Designate. Collection vehicles shall be freshly painted and display the Contractor's name and logo. The Successful Proponent is required to make arrangements and supply all labour as necessary to paint the collection vehicles. The Successful Proponent shall ensure that each collection vehicle displays a four (4) digit identification number of sufficient size to be easily identified on the front, rear and sides. The last two (2) digits of the identification number shall represent the year the collection vehicle was 18 RFP 12-01,Curbside Waste Management Collection Services manufactured. Any additional collection vehicles which may be required during the contract will also require a similar system of numbering. The Successful Proponent shall at their own expense make arrangements for the exterior of all collection vehicles to be washed a minimum of once a week or as directed by the Director of Physical Services / Designate. The Successful Proponent shall also disinfect the inside and outside of the collection vehicles on a regular basis or as directed by the Director of Physical Services / Designate so as not to cause any offensive odours. 6.7 Daily Supply of Collection Vehicles The Successful Proponent shall license, operate and maintain at all times, a sufficient number of collection vehicles to properly maintain the satisfactory standard of service provided for in the contract. The Successful Proponent is fully responsible for determining and providing the number of collection vehicles required to perform 100% of each day's collection within the designated times. In the event of equipment breakdown, the Successful Proponent shall supply without any unreasonable delay, sufficient alternative equipment to complete the work in accordance with the terms of the contract. If in the opinion of the Director of Physical Services / Designate, the Successful Proponent does not have adequate collection vehicles to properly provide service in accordance with this contract(s), the Director of Physical Services / Designate will have the right to require the Successful Proponent to increase the number of collection vehicles required, as determined by him or her, to ensure that the performance is in accordance with the terms of the contract. The Successful Proponent shall comply with the direction and shall not be entitled to additional compensation over and above the contract unit prices as a result of any requirements for these additional collection vehicles. The Successful Proponent shall have access to a sufficient number of spare collection vehicles to dedicate to this contract to ensure that in the event of a breakdown, the collection continues to be performed in accordance with the terms of the contract. The Successful Proponent shall have access to at least one (1) spare recycling and one (1) spare garbage collection vehicle, not more than five (5) years old at the start of the contract. The Successful Proponent should consider parking spare collection vehicles in a yard within municipal limits. 6.8 Co-operative Use of Collection Vehicles Contractors that are awarded work for more than one Municipality are encouraged to plan their routes and make use of collection vehicles in a manner that minimizes the cost to the Municipalities by establishing an efficient collection system. For example, Proposals that find cost savings to the Municipality by planning routes that cross municipal boundaries will be considered subject them to meeting the reporting requirements. For the purposes of submitting the proposal, the contractor shall submit the price for collection under Parts A, B and C by municipality assuming the collection days do NOT cross municipal boundaries. If the contractor wishes to provide collection services while ignoring municipal boundaries then this shall be done in the "Open Scope" section of the RFP document. 6.9 Maintenance of Collection Vehicles Collection vehicles must be maintained in an exemplary condition and on a regular basis. The Successful Proponent is responsible for the maintenance, repairs and operating costs of the collection vehicles including fuel, lubrication, licensing, insurance, washing and storage. The Successful Proponent will maintain a record of all maintenance services performed on the collection vehicles and shall forward a copy of the record to the Municipality if requested. 17 RFP 12-01,Curbside Waste Management Collection Services The collection vehicles are to be properly constructed and maintained to eliminate the depositing of debris onto the street during collection and while traveling to the Material Recovery Facility and or to the Landfill or composting sites. Any collection vehicle found to be depositing debris as a malfunction of the vehicle shall be removed immediately from performing the work. The Successful Proponent shall promptly repair all body damage such as scratches and dents to the satisfaction of the Municipality. The Successful Proponent shall make every reasonable effort to ensure collection vehicles are empty of Materials at the end of the day. The Municipality reserves the right to have any collection vehicle it deems not mechanically sound, clean or properly labelled removed from the work until such time as the collection vehicle is deemed mechanically sound, clean and properly labelled. 6.10 Additional Egui ment for Collection Vehicle Each collection vehicle will be equipped with a shovel, broom, protective gloves and garbage bags for the purpose of cleaning up any debris that has spilled while performing the worts. Each collection vehicle will also be equipped with a spill kit that shall include absorbent material in the event of an oil, fuel, or hazardous material spill and a mat for the purpose of covering storm and sanitary sewers covers/ catch basins in order to prevent spills to these locations. All collection vehicles must be fitted with necessary and functioning safety devices and must be equipped with a two-way radio. Each collection vehicle will also be equipped with a fire extinguisher, first aid kit and reflective safety vests. 6.11 Alternative Fuels 1 Green Fleet Initiatives Consideration will be given to Proponents who incorporate alternative fuels and other green fleet initiatives into their Proposal submission. The alternative fuels and, or green fleet initiatives must be fully explained in the work plan submitted. 18 RFP 12-01,Curbside Waste Management Collection Services 7.0 STAFFING 7.1 Contract Supervision by the Contractor The Municipality will be provided, to the satisfaction of the Director of Physical Services 1 Designate, with the email addresses and telephone numbers of the Contractor's representatives who may be contacted at anytime, 24 hours per day, 7 days per week, on matters relating to this contract and who shall have overall responsibility for the contract. Email accounts must be checked at a minimum, twice per day (10 a.m. and 2 p.m.), Monday to Saturday. This does not eliminate the need to receive routine emails, telephone calls and work orders throughout the day. 7.2 Route Supervisors) The Successful Proponent must have on duty on all collection days, (a) qualified supervisor(s), so as to ensure a courteous, prompt and efficient service for handling complaints. The route supervisor(s) will be available during all hours the trucks are carrying out the work. The supervisor(s) must have a vehicle that is capable of picking up material missed by any of the collection vehicle operators and which in the opinion of the Director of Physical Services /Designate is the responsibility of the contractor. The route supervisor(s) will be equipped with handheld devices which are capable of both telephone and email communication. 7.3 Customer Service Standards Employees shall be polite, courteous and respectfuV towards the public at all times. The Successful Proponent shall employ for this work, only competent and skillful workers. The Successful Proponent shall further ensure that a high standard of service; courtesy and consideration is exhibited in all of its dealings with residents, visitors and the general public; and that it conducts all of its operations, including its administrative functions, with the utmost regard for enhancing public relations; and in recognition of the need to uphold and maintain the positive public image of the Municipality. Specifically, the Successful Proponent shall ensure; ■ worker compliance with the collection stipulations outlined for the collection contract, ■ workers are well informed of the customer service standards expected of them, namely to be professional in attitude & appearance. 7.4 Customer Service Training All staff retained by the Successful Proponent for this contract shall have appropriate, specialized training to ensure that they behave at all times in a polite, courteous and respectful manner while fulfilling their duties. The Successful Proponent will use this training to help prevent any of the following incidents from occurring: i) staff in possession of or under the influence of alcohol, illegal narcotics or controlled substances, ii) unsafe practices, iii) use of foul, profane, vulgar or obscene language, iv) exhibiting behavior that may reasonably be considered offensive and unacceptable customer service, v) solicitation of gratuities or tips from the public for services performed under the contract, vi) refusal to collect and, or handle material placed out for collection in accordance with the contract vii) deliberate or reckless destruction of private or public property; viii) deliberate or reckless scattering, spilling, or disposal of collectable materials, non collectable items, or collection containers that have been set out by program participants; 19 RFP 12-01,Curbside Waste Management Collection Services ix) provision of any collection service by an employee who is not wearing an easily identifiable, neat, and clean uniform; and x) scavenging. A) collection of materials such as garbage that is not properly tagged. The Director of Physical Services / Designate may bring, to the attention of the Successful Proponent, employee performance issues or any of the obligations under the contract or assess Liquidated Damages as noted in the Special Provisions, clause 8.24, where the Director of Physical Services / Designate, in his or her sole discretion, considers that any of the above incidents have occurred. 7.5 Health &Safety Standard The Successful Proponent acknowledges that it will ensure compliance with all Federal, Provincial, and Municipal occupational health and safety regulations. The Successful Proponent accepts the responsibility for the health and safety of its employees and its Subcontractors (if Subcontractors are used) and will take all reasonable precautions for the protection of its employees and Subcontractors. 7.6 Health &Safety Training The Successful Proponent shall provide training for employees and Sub-contractors (if applicable) involved with the contract. The training shall include but is not limited to, health and safety training, training on how to operate equipment and vehicles, and emergency response measures. The Successful Proponent shall set up, maintain, and enforce safety policies and procedures for the protection of its staff and other persons involved with their operations. The Successful Proponent shall provide the Director of Physical Services /Designate, one (1) month prior to start-up with written confirmation that all employees directly involved with the contract have undergone a complete safety training program before undertaking any activities for the contract. This written confirmation will be updated annually by the Successful Proponent as new employees are engaged. The safety training shall conform to the Contractor's policies and procedures. Documentation outlining the contractors training program (items covered) shall be provided to the Director of Physical Services for their review and approval. If in the opinion of the Director of Physical Services there are items missed from the contractors training program, the contractor shall include these items and document that the contractor's employees have been trained on the missed items. 7.7 Personnel Listing The Successful Proponent shall provide the Director of Physical Services /Designate with a list of management and supervisory positions, including names of persons involved in the Collection Program operations, one (1) month prior to start-up and whenever there are changes to the list due to changes in personnel or the addition or deletion of positions. Included in the personnel listings will be the telephone numbers and email addresses for all administrative and supervisory staff that will be in contact with the Municipality. 7.8 Code of Conduct for Employees The Successful Proponent shall ensure that all employees comply with the Municipality's Code of Conduct for Employees.As per attached in Appendix L. 20 RFP 12-01,Curbside Waste Management Collection Services 8.0 COLLECTION PROGRAM SPECIFICATIONS 8.1 Collection Service 8.1.1 Parts A: Curbside Recycling Collection Service Collection of all acceptable Recyclables (two stream: fibres, containers) shall be made every week during weekdays only according to the routes and schedules approved by the Municipality. The "Acceptable Recyclables"that shall be covered under this contract are listed and attached in Appendix F. Items may be added and/or deleted from the list as required by the Municipality during the term of the contract. There is no limit to the amount of recyclables permitted at each stop. Prior to the start of the contract period a standard schedule will be determined with the Contractor to the satisfaction of the Municipality. The contractor shall conform to the schedule that will be established for the contract period. If a change to the collection schedule is required by the Contractor or the Municipality both parties will work together to reorganize the established routes and provide adequate public notice where required. Recyclables placed in Blue Boxes, or similar rigid containers, shall be collected from all dwelling units, and any businesses and institutions identified by the Municipality to receive this service. The Contractor shall affix andlor drop off notices supplied by the Municipality informing any non- compliance of the Recycling Collection Program while performing collection works under the this agreement. If the Municipality requires the Contractor to distribute notices in addition to this, the contractor will be paid additional funds based on the contractor's hourly rate for staff at the time. The Contractor shall deliver Acceptable Recyclables to the London MRF (or approved disposal location) only on days and during hours as set out in Appendix G attached hereto, subject to revision by the Municipality should the City of London want to alter the MRF's hours of operation. The Municipality will issue at least ninety (90) days notice of intention to revise the hours and days of operation and consult with the Contractor to determine a revised schedule. Metric tonne recycling processing costs to be paid by the Municipality and is outside the terms of this contract. The MRF may require Split Weighing of any load in order to establish quantities in each Contract Stream. All vehicles under the ownership and/or control of the Contractor and using the MRF shall have the driver inspect each load after it is dumped and remove all visible Non-Recyclables. All vehicles under the ownership and/or control of the Contractor shall follow all MRF operational protocols (e.g. unloading) and health & safety procedures while at the Facility. The maximum allowable compaction of Mixed Containers stream received at the MRF is a ratio of 2 or a density of 100 kg/m3, whichever is lower. The maximum allowable compaction of Mixed Paper Fibres stream received at the MRF is a ratio of 2.5 or a density of 375 kg/m3, whichever is lower. The Contractor shall meet the compaction requirements for both recyclable streams. The Contractor agrees to take all reasonable measures to delivery only "Acceptable Recyclables" and to deliver these materials in the correct Contract Stream. Residents will be instructed by the Municipality of the Acceptable Recyclables and to separate Recyclables into the two streams. If residents have set out non-Recyclables, or have not separated their 21 RFP 12-01,Curbside Waste Management Collection Services Recyclables into two-streams, the Contractor will be required to sort materials into the correct streams and to pick out non-Recyclables and replace them back into the Blue Box at the curbside, as well as provide documentation to the resident why the materials were left. The "Acceptable Recyclables Materials" shall be delivered loose (not in plastic bags) to the MRF. Residents will be advised of Acceptable Recyclable Containers. These are listed in the Table below. Table 2. Acceptable ecycling Containers Container Ba ham Central Elgin Malahide Blue Boxes Sizes range from 50 ✓ ✓ ✓ to 85 litre a rox x sc x Recyclables in clear Contractor would tag Contractor would tag Contractor would tag Plastic Bags and leave behind and leave behind and leave behind Fibres excluded Fibres excluded Fibres excluded Maximum Weight xxx xxx Xxx is x ✓ 360 litre cart At the Springfield Community Centre 8.1.2 Parts B: Garbage. Leaf&Yard Material Collection Service Garbage Garbage will be placed in bags or garbage cans at the curbside for collection. Collection of bulky item garbage (oversized items and furniture) is not accepted. The municipality utilizes "bag tags" to promote waste reduction while providing flexibility. No garbage should be collected that is not properly exhibiting a current year"bag tag". If garbage is placed at curbside utilizing a rigid container such as a metallic or plastic can, the top bag shall clearly exhibit the bag tag. The container limit for each Municipality is indicated below. Several materials are banned from Curbside collection including bulky items, appliances, construction & demolition materials and electronics. Table 3. Garbage Set Out Re uirements Municipality Ba ham Central Elgin Malahide 156 tags. Each 3 bags per set out residence/business re tags. Each during 2012. Bag is provided 156 tags providncel 0 tags is tags will commence per year, to use over Provided 90 tags per in 2013 with 156 tags Garbage Limit the year. Annually year, to use over the per year. Annually these will be year. Annually these these will be reviewed and will be reviewed and Potentially reduced reviewed and potentiallyreduced potentiallyreduced • garbage bags • garbage bags Garbage: Acceptable garbage cans garbage cans Bags only Containers • 40 pounds • 40 pounds • 40 pounds maximum weight maximum weight maximum weight Exceptions No No No Bulky items permitted No No No at curbside 22 RFP 12-01,Curbside Waste Management Collection Services Leaf&Yard Materials There is no limit to the amount of leaf & yard materials that can be set out. Individual containers must weigh less than 22 kilograms (44 pounds) to be collected. Table 4: Leaf& Yard Acceptable Containers Container Options Ba ham Central Elgin Malahide Plastic bags No No No Compostable 'plastic- No No No style' bags Paper Bags Yes Yes Yes Reusable Containers Yes Yes Yes (e-g. garba a cans When collecting, the Successful Proponent must ensure materials collection comply with the Acceptable Containers noted in the table above. If set outs do not comply, the Contractor will be required to leave an information tag on the materials 8.2 Estimated Number of Tonnes to Collect The quantities set out in this RFP are approximate only and are for the sole purpose of indicating to Proponents the general magnitude of the work and shall be used for the comparison of submissions upon which the award of the contract will be made. The Municipalities expressly disclaims any liability whatsoever arising from reliance or non- reliance on the data provided. The estimated quantity of recyclables to collect in the first year of the Contract (June 2012 to May 2013) is identified in the following Table. Please note that Malahide and Bayham will be providing an increase level of service to its residents by adding items to the blue box program that is not currently being provided. Tonnages noted below are estimated and may increase over time with public education and the implementation of Garbage Bag Tags. Table 5: Estimated Tonnes to be collected in first year of contract Ba ham Central Elgin Malahlde Total Part A: 450 820 270 1,500 Recycling Part B: Garbage 1330 2,550 1,875 5755 Part B: Leaf& 35 60 35 130 Yard Part C: Bulk Bin 75 200 75 350 Garbage It is anticipated that the quantity of recyclable may increase due to the expansion of the program to include new recyclables. 8.3 Adding/Replacing Materials to Collect The Successful Proponent acknowledges the following: a) That further changes to the list of recyclable items targeted for collection may be considered at a future point in time by the Municipality; b) That government regulations may change requiring the mix of Recyclable Materials to change; and 23 RFP 12-01,Curbside Waste Management Collection Services c) That other significant changes to the Recycling Program not covered in the Contract may also be entertained by the Municipality from time to time. The Successful Proponent agrees that should the Municipality wish to add materials to the Collection Programs, or make significant changes to the programs as noted above, they shall negotiate with the Municipality to determine the terms, if any, under which the Successful Proponent shall begin collection of these materials or implement the other significant changes. It shall be the responsibility of the Municipality to advise its residents within the collection area of any changes to the items that can be set out for recycling and the effective date of the change. The Successful Proponent shall, upon the effective date of the change to the materials being collected amend its collection practice to include the new materials. Given the increase in service levels in Bayham and Malahide it is anticipated that the tonnage of recycling will increase in 2013. It is anticipated that the tonnage per household will be similar to Central Elgin in 2013. After 2013 if a change in the quantity of total Recyclable Materials collected by more than 25% (increase or decrease), per stop, in two (2) consecutive years, or at a reduced time frame if approved by the Director of Physical Services / Designate, may form the basis of a re-negotiation of the existing Contract. The Municipality has the right to amend the definition of "garbage", "rubbish", "waste", "non- collectables" and related items at any time during the term of this contract. A change in the definition shall be evidenced in writing with at least thirty (30) days notice prior to the effective date of such change by the Director of Physical Services/designate to the Successful Proponent. It shall be the responsibility of the Municipality to advise its residents within the collection area of any changes to the items that can be set out for collection under this paragraph and the effective date of the change. The Successful Proponent shall, upon the effective date of the change in the definition of any type of collectibles under the terms of this agreement, amend its collection practice to comply with new definitions. Given the increase in service levels for recycling in Bayham and Malahide it is anticipated that the tonnage of garbage will decrease in 2013. It is anticipated that the tonnage per household will be similar to Central Elgin in 2013. After 2013 if a change in the quantity of total garbage collected by more than 25% (increase or decrease), per stop, in two (2) consecutive years, or at a reduced time frame if approved by the Director of Physical Services/ Designate, may form the basis of a re-negotiation of the existing contract. A change in the quantity of total leaf & yard material collection by more than 50% (increase or decrease), in two (2) consecutive years, or at a reduced time frame if approved by the Director of Physical Services / Designate, may form the basis of a re-negotiation of the existing contract. 8.4 Waste Collection By-Law Complete details on the collection rules for residential, and businesses are provided in the Municipal Waste and Resource Materials Collections By-laws where applicable (see Appendix J)_ 24 RFP 12-01,Curbside Waste Management Collection Services 8.5 Collection Locations & Numbers The total number of locations to be served through the Collection Services at the start of the contract is estimated below. These numbers include residential stops, businesses, non-profit organizations, municipal facilities and schools that may participate in the collection program. Table 6: Number of Collection Stops Ba ham Central Elgin Malahide Total Households— 1219 3300 including Springfield: 318 5092 Urban Centres villages and Port Bruce: 255 hamlets Households 1534 1987 2331 5852 Rural Stops in Town Included in Included in Included in Included in Centres Urban Centres Urban Centres Urban Centres Urban Centres above above I above above Other stops Included Above Included Above . 360 litre carts Included Above (schools, (recycling) at churches, gas Springfield stations, etc) Community Centre Summer Months only (Blue Boxes): • Pavilion, Port Bruce • Cenotaph Park, Springfield Total Collection 2753 5513 2901 11170 Sto s These numbers should be taken as a base or estimate of the number of stops to be served by the Contractor. The Successful Proponent will be required to continually add stops as new communities grow. The unit price submitted by the Successful Proponent on the Form of Proposal will be used to calculate the incremental cost to add and delete stops to this contract. The Successful Proponent will be compensated for the additional stops on an annual basis. 8.6 Garbage Collection at Addresses of Bulk Bins Collection of garbage in bulk bins is required at two multi-unit residential complexes in Central Elgin. The Contractor will be required to collect 6 yard bins from two locations of approximately 70 residences total. In addition to these locations the municipality(s) also has a number of Bulk Collection sites on properties that they own such as municipal operations centres, offices and community centres. 8.7 General Operating Details for Collection 8-7.1 Part A: Curbside Recycling Program At a minimum, the method of collection: a) must be two (2) streamed by the contractor as required. b) must be collected with a recycling collection vehicle. 25 RFP 12-01,Curbside Waste Management Collection Services c) must be fully capable of collecting recyclable materials set out in the containers identified in this RFP d) must collect all recyclable material stipulated in the signed contract. e) must ensure that when collecting from rigid containers, collection crews: ■ place properly sorted (i.e. two streamed) recyclable materials into the corresponding compartment in the recycling collection vehicle, ■ separate improperly sorted (i.e. mixed streamed) recyclable materials into the appropriate two streams and place them into the corresponding compartment in the recycling collection vehicle, ■ return non-recyclable material back into the Blue Box with a courtesy sticker. return the Blue Box(es) to approximately the same location in which they were found prior to collection, in an upside down position. Blue Boxes will be left upright when they contain non-collectable items that have been refused by the contractor. f) must collect items at the curbside or roadside of a public roadway in approved recycling containers g) must adhere to the Municipality 's Anti-Idling Policy (where applicable) (see Appendix K) h) cause the least possible disruption and inconvenience to vehicular traffic, pedestrian traffic and residences and, or businesses i) must ensure collected material is transported directly to the designated Material Recovery Facility. 8.7.2 Part B: Garbaae. Yard Materials and Fall Leaf Proaram At a minimum, the method of collection: a) must be collected with a packer collection vehicle b) must be fully capable of collecting garbage and Leaf & Yard Materials and in the Acceptable Containers identified in this RFP c) must collect all material stipulated in the signed contract d) must ensure that when collecting from garbage cans, collection crews: ■ place any garbage can(s) lid(s) beside the location where the garbage can(s) are found ■ return the garbage can(s) to approximately the same location in which they were found prior to collection, in an upside down position. e) must collect items at the curbside or roadside of a public roadway in approved containers f) must adhere to the Municipality 's Anti Idling Policy (see Appendix K) g) cause the least possible disruption and inconvenience to vehicular traffic, pedestrian traffic and residences and, or businesses h) must ensure collected material is transported directly to the designated disposal site. 8.8 Information Line The Municipality will operate a complaint and information line during regular business hours. Through discussion with the callers, the Municipality will determine whether missed materials will be picked up or not, and inform the caller. Some calls may require further investigation by the Contractor. For example, in cases where the materials were not placed in the appropriate location by the prescribed collection start time, the caller will be instructed to store their materials until the next collection day.. Calls that require action by the Successful Proponent (e.g. incomplete routes, or not adhering to the route or schedule) will be forwarded directly to the route supervisor for immediate action. Municipality staff will forward service requests prompted by calls to the Successful Proponent electronically or by telephone. 26 RFP 12-01,Curbside Waste Management Collection Services 8.9 Returning Containers after Emptying All recycling containers (i.e. blue boxes) and/or garbage cans used to set out materials will be replaced in approximately the same location in which they were found prior to collection, but in no case shall they be replaced on the traveled portion of the road, driveway, parking lot or the pedestrian portion of the sidewalk. Containers will be returned in an upside down position and, at no point, be placed as to block a driveway to a residence or business. Care shall be used not to damage the containers during collection and the Successful Proponent shall be responsible for all damage to blue boxes as a result of the work and will replace the damaged container with a new one of equal size and quality and deliver it, at their expense, to the address where the damage occurred. If a resident or business owner indicates that a Blue Box is damaged and they wish to have it removed, it will be collected by the Successful Proponent at the same time as the recyclables. 8.10 Successful Proponent Not to Collect The Successful Proponent is not required to collect; Part A(Recycling) not set out in accordance with the Waste Collection By-Law(s) (see Appendix J) • presents a health risk to the collector (e.g. broken glass, hazardous material, bee/wasp problems) Part B (Garbage, Leaf&Yard Materials) • not set out in accordance with the Waste Collection By-Law (s)(see Appendix J) • presents a health risk to the collector (e.g. broken glass, hazardous material, bee/wasp problems) • bags that are estimated to contain more than minimal amount of non-collectable materials The Municipality will provide the Successful Proponent with courtesy stickers which will advise program participants of the reasons that the material set out has not been collected. Under no circumstance will the Successful Proponent provide written information to program participants that has not been approved and supplied by the Municipality. 8.11 Reporting of Non-Collectable Incidents & Use of Courtesy Stickers Level 1 - Routine The Successful Proponent shall not be required to record addresses for the routine use of courtesy stickers. Routine use includes but is not limited to: i) non-compliant material left behind ii) oversized container iii) overweight container iv) material not properly streamed, where streaming is required (recycling only) v) Garbage not properly tagged with current years tags (if applicable). vi) cardboard boxes not broken down or oversized cardboard (recycling only) Level 2— Non-Routine The Successful Proponent will report non-routine use of courtesy stickers. Reports will be submitted electronically to the Director of Physical Services / Designate and will include addresses and the nature of the problem, The reports will be submitted on a daily basis and will include information about: i) set-outs containing an estimated 50% or more non compliant material (recycling only) 27 RFP 12-01,Curbside Waste Management Collection Services ii) instances when the collector wishes to issue a courtesy sticker and there is no rigid container or material on which to affix it (i.e. the participant has used only bags which are collected as they contain less than 50% non recyclable material) (recycling only) Level 3 — Hazardous Set-Outs When a set-out presents a potential health risk to the collector or residents the Successful Proponent will notify the Municipality immediately (i.e. within one (1) hour) of the address and nature of the problem. 8.12 Missed Collection Stops by the Contractor and Late Set Outs by Residents If the Successful Proponent misses one or more collection stops or part of a collection route or is asked to return for a late set-out, he or she will make every reasonable effort to collect the missed set out or late set out on the same collection day. If this is not possible, the missed or late set out will be collected on the following working day before 9 a.m. Liquidated Damages (Section 8.21) may apply for missed collections. What is "reasonable" or "possible" will be determined by the Director of Physical Services I Designate. 8.13 Spillage and Litter The Successful Proponent is required to clean-up spillage and loose materials resulting from the work. The Proponent will not leave or deposit any material on any portion of the street, sidewalk, boulevard, or other private or public property. 8.14 Mechanical or Oil Spills The Successful Proponent will report, promptly to the Municipality, spills or discharges of pollutants or contaminants under the control of the Contractor. Such spills or discharges and their adverse affects are defined in the Environmental Protection Act, R.S.O. 1990 (EPA), as amended and all regulations thereto. The Successful Proponent shall comply with the requirements of the EPA including all notice requirements including notifying the Spills Action Centre of the Ministry of the Environment (1-800-268-6060). In addition to the above requirements, any collection vehicles being operated will cease operation until the Contractor's Supervisor arrives on site. Absorbent will be laid down immediately. As soon as the absorbent has had the desired effect, it is to be scraped from the road or affected property. If residue still remains the Successful Proponent will apply another layer of absorbent and repeat the process until the site is in a clean and tidy condition. Failure to respond immediately to this kind of spill may result in damage to asphalt or other damage for which the Successful Proponent will be responsible. If necessary, at the Municipality's discretion, a power wash and, or blacktopping will be utilized at the contractor's expense. 8.15 Labour Dispute Contingency and Emergency Plans The Successful Proponent agrees to provide a written Contingency Plan as to how it intends to perform its obligations under the contract in the event of a labour dispute, strike, slowdown or work stoppage involving employees of the Successful Proponent who are providing the services set out in the contract or employees of a permitted subcontractor. The Successful Proponent also agrees to provide an emergency plan. The plan will detail those actions which the contractor will take to deal with emergency situations such as ice storms, extreme snow storms, floods, fire or other natural disasters that would require deviation from normal operating procedures. The Successful Proponent agrees to provide a copy of both the contingency and emergency plan as part of their proposal submission at the time of closing. The Successful Proponent 28 RFP 12-01,Curbside waste Management Collection Services agrees that these plans shall be amended as requested from time to time by the Director of Physical Services 1 Designate. Further, the Successful Proponent agrees to immediately provide the Director of Physical Services / Designate copies of the amendments to the plans, as such amendments are made. 8.16 Processing & Disposal Locations 8.16.1 Location of Material Recovery Facility All recyclables shall be delivered by the Successful Proponent to the Municipality's Material Recovery Facility located at 3290 Manning Drive, London, 5 kilometres south of the 401 highway. As noted in Section 3.1, Bayham is receptive to utilization of a MRF other than the London MRF. The proponent shall clearly identify in their proposal the location of the MRF being proposed for Bayham 8.16.2 Location of Landfill Sites All garbage shall be delivered by the Successful Proponent to Green Lane Landfill, 38590 Third Line, Southwold Township.As noted in Section 3.2, Bayham is receptive to utilization of a Landfill other than Green Lane if it is cost beneficial. The proponent shall clearly identify in their proposal the location of the MRF being proposed for Bayham. The Successful Proponent shall not bear any charge for tipping waste related to this contract at the aforementioned sites. 8.16.3 Location of Composting Site for Leaf&Yard Materials All curbside leaf & yard materials shall be delivered by the Successful Proponent to the following processing facilities: Bayham leaf & yard materials will be delivered to a licensed facility at the proponent's discretion and approved by the Director of Physical Services: Central Elgin leaf & yard materials will be delivered to: White Station Operations Centre, 42343 Fruit Ridge Line, Central Elgin Malahide leaf & yard materials will be delivered to a licensed facility at the proponent's discretion and approved by the Director of Physical Services: The Successful Proponent shall not bear any charge for tipping leaf& yard materials related to this contract at the aforementioned sites. 8.17 Weighing of Recyclable Material Unless permission is obtained from the Director of Physical Services / Designate, all collected materials must be weighed separately for each route in each zone. All collection vehicles carrying materials collected under the terms of this contract must cross the weigh scales and be weighed. The vehicle must clearly display the identification number supplied to the Municipality so that it can be easily recorded by the scale house operator. The driver of the collection vehicle must provide the collection zone and route number to the scale house attendant. The Successful Proponent agrees to follow the procedure for off-loading materials at their designated site (Material Recovery Facility, Landfill or Composting Facility) as outlined in Appendix H. In the event that the proponent delivers material to a site other than that designated in this proposal (i.e. In the case of Bayham), it is the responsibility of the contractor 29 RFP 12-01,Curbside Waste Management Collection Services to follow the procedures of that site. The municipality will not assume any responsibility or liability as a result of the contractor not following the specific procedures of the receiving facility. 8.18 Recyclina Residue Management The collection crews will make every reasonable effort to ensure that the collections are consistent with the specifications outlined in the Contract. The allowable contamination rate for two-stream recycling collection is less than 3%. This means 97% or more of the materials, by weight, in the fibre compartment of the truck must be recyclable fibre materials, and 97% or more of the materials, by weight, in the container compartment of the truck must be recyclable container materials. If the residue rate is 3% or greater, the Municipality will be entitled to Liquidated Damages, Section 8.21, as described under Special Provisions in Section 8.20 Special Provisions. 8.19 Audits and Inspections At any time during each month of the contract, the Director of Physical Services / Designate may: Conduct periodic waste audits of the material being collected to determine the amount of non-compliant material being set out at the curbside. ■ Survey any of the contractors collection vehicles during collection to ensure the contractor's collection vehicles and the method of collection are in compliance with the requirements of the contract and any other legislation. ■ Conduct audits on the incoming loads from recycling collection vehicles to ensure that residual levels are at an acceptable level. The audits shall be completed at the discretion of the Director of Physical Services / Designate and the load(s) selected for the audit(s) will be inspected by an auditor designated by the Director of Physical Services / Designate to determine the actual contamination rate for the particular calendar month. if the contamination rate is greater than the allowable rate specified in the RFP, the Successful Proponent will pay for the cost of the audit. 8.20 Special Provisions The Successful Proponent acknowledges that the Municipality will experience increased administrative and operational costs in the event of the Successful Proponent's non- performance or poor performance of its contractual obligations. Accordingly, the parties agree that in view of the difficulty of ascertaining the actual losses which the Municipality will suffer by reason of the non-performance or poor performance of the Successful Proponent's contractual obligations, and in view of the fact that the accumulated effect of repeated incidents of non- performance or poor performance will increase costs to the Municipality, the parties hereby agree upon and fix as the liquidated damages that the Municipality will suffer by reason of said non-performance or poor performance, and not as a penalty, the amounts as set out in Sub- Section 8.21 of this RFP. The Municipality will assess liquidated damages for each instance of non-performance of poor performance identified in Section 8.21. The Municipality may deduct and retain the amounts of such liquidated damages out of the monies that may be due or become due to the Successful Proponent under the Contract, i.e. deduction from the monthly invoice. The Director of Physical Services / Designate at its sole discretion may determine whether liquidated damages are to be applied. The Successful Proponent agrees to abide by the schedule of Liquidated Damages. 30 RFP 12-01,Curbside Waste Management Collection Services The Successful Proponent shall pay the Municipality the indicated amount per incidence of non-performance or poor performance on a monthly basis. Annually the number of incidences shall be accumulated. At the end of each fiscal year the number of accumulated incidences will start at zero again. The liquidated damages payable under this section are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Municipality. Without limiting the generality of the foregoing, the assessing of liquidated damages shall not prevent the Municipality from recovering from the Successful Proponent the amount of any damages incurred by the Municipality over and above the amount of the liquidated damages assessed (e.g. additional costs incurred by the Municipality from measures taken to ensure that the work is completed). 8.21 Schedule of Liquidated Damages The municipality accepts and acknowledges that with any new contract start up there will be areas/collections missed. Due to this it is not the intent of the Municipality to charge liquidated damages during the first three (3) months of the contract for missed collections. After the three (3) month start-up period, the municipality reserves the right to impose liquidated damages as outlined in Table 7 for problematic levels of service provided by the contractor. In addition to the start up period there will be times (seasonal) when quantities may be excessive or weather conditions are problematic which may cause delay or missed collections. In this instance, and at the discretion of the Director of Physical Services, the municipality may not impose liquidated damages. It will be expected that in the event of missed collections the contractor will re-attend the properties missed and collect the material without delay and request for additional payment. Table 7-Li uidated Dama es RFP Incident Liquidated Damages Reference 4.6 Failure to perform collections within $100/day, per route specified hours of work Failure to complete day's work(i.e.work $1,000/route on the $1,500/ 4.6&8.16 carried over to the following day and/or 15 $o00/ 2"d consecutive route on the 3'a consecutive or more residential units missed). ute collection day collection day 5.9&8.15 Failure to meet the Record Keeping& $500/incident Reporting requirements. 6.5 Failure to comply with compaction ratio or $500/truck weight limits. Using vehicles dedicated to use under this Contract Agreement to collect waste $500/truck on $1,000/truck on $1,500/ 6.8 material from a Private Account or making the 15t incident the 2"d incident truck on the V incident collections at other locations not approved by the Municipality. 7.3&7.4 Failure to meet the Customer Service $100/incident Standards. 7.5&7.6 Failure to meet the Health&Safety $500/truck on $1,000/truck on $1,500/ Standards the 15'incident the 2nd incident I truck on the 3`d incident 7.2 Failure to respond to complaints as 8.12 directed by the Director of Physical $100/incident 8.13 Services/Designate(e.g. replace damaged blue box). Failure to return for Missed Collection as 8.16 directed by the Director of Physical $100/incident Services/Designate for less thanl5 residential units missed per day. 31 RFP 12-01,Curbside Waste Management Collection Services RFP Incident Liquidated Damages Reference 8.11 Failure to meet the General Operating $1001 incident Details for Collection. Failure to follow Off Loading Procedures Appendix H at the Material Recover Facility, Landfill or $1001 incident Composting Facility. L8.22 Failure to meet the Residue Management $500 per load requirements. 32 RFP 12-01, Curbside Waste Management Collection Services 9.0 EVALUATION CRITERIA 9.1 Methodolouy The evaluation of Proposals will be conducted by an Evaluation Committee consisting of representatives of the Municipality, in accordance the Municipality's Procurement of Goods and Services Policy and the procedures described in this RFP. The Municipality may be assisted by, and may consult with, various technical, financial and legal advisors in relation to any or all aspects of this RFP. The appointment of, and consultation by the Municipality with, any one or more of these advisors or consultants will be at the Municipality's sole and absolute discretion. The Municipality may use any such advisors and consultants in any way it, in its discretion, considers useful. All decisions on whether a submission to the RFP meets (or to what degree it meets) the stated requirements are decisions within the consensus of the Evaluation Committee. Proponents are advised that any and all determinations and decisions made on behalf of the Municipality relating to this RFP and any submissions by Proponents, including without limitation, whether the submissions meet the Mandatory Requirements and the extent to which scoring and points are awarded, are within the Municipality 's sole and absolute discretion and are final and binding without appeal whatsoever. The Municipality reserves the right to request clarification information from Proponents on the content of their proposal at any time(s) after the RFP submission due date, including during the evaluation stage. The Municipality reserves the right at its sole discretion, to hold clarification meetings with some or all of the Proponents, including during the evaluation stage. All correspondence related to clarifications must be in writing. The Municipality is under no obligation to request that a Proponent provide missing or deficient information. Proposal evaluation and selection of a preferred Proponent by the Municipality will follow a 5 - step process: • Step 1 — Opening of the Technical Proposals and the screening for Specified Mandatory Requirements. • Step 2 — For submissions meeting the Specified Mandatory Requirements, detailed Evaluation and Scoring of the Technical Proposals. • Step 3 — For submissions scoring 80% or higher on their Technical Proposal, opening of the Sealed Financial Proposals. Step 4 — For Proposals reaching Step 3, determination of a combined technical and financial score out of 100, The combined technical and financial score out of 100 will be a weighted score based on a weighting of 45% for the Technical Proposal and 55% for the Financial Proposal. • Step 5 — The best score from Part A, Part B, Part C and Part D will be evaluated and compared to the best scores from Part E to determine the preferred Proponent(s). Additional details on each of the above four steps are provided below. 9.1.1 Step I —Screening of Proposals for Specified Mandatory Requirements a) The purpose of this step is to screen out submissions that do not meet the Specified Mandatory Requirements (i.e. procedural and financial requirements). Proposals not clearly meeting the Specified Mandatory Requirements will be deemed non-responsive and will be given no further consideration. 33 RFP 12-01,Curbside Waste Management Collection Services b) The Specified Mandatory Requirements are both procedural and financial. The mandatory procedural requirements include: i. A sealed Technical and a separately sealed Financial Proposal submitted on the supplied Forms in the Financial Proposal. Please Note: The Technical Proposal must not contain any price information. If more than one corporate entity is involved in the Proposal; the arrangements between the various entities must be clearly explained. ii. A copy of the Proponent's CVOR Abstract. Please Note: The Proponent must ensure that their CVOR permit is in good standing both at the time of submission and at all times during the Contract if selected as the Successful Proponent. Proponents with a CVOR record in excess of 70% of the Provincial threshold or who have had an Overall Safety Rating below satisfactory (audited or unaudited) will not be awarded the Work outlined in the RFP. A copy of the CVOR Abstract shall be provided in the Technical Submission iii. A copy of the Proponent's Certificate of Approval of a Waste Management System. Please Note: A Certificate of Approval of a Waste Management System is required for waste hauling. A copy of an Certificates of Approval or Licensing shall be provided in the Technical Submission The mandatory financial requirements include: i. The Bid Deposit, as specified in Section 13.6. ii. Letter of Agreement to Bond/Letter of Guarantee, as specified in Section 13.7 9.1.2 Step 2— Detailed Evaluation and Scoring of Technical Proposals a) Only Proposals that have met all of the Specified Mandatory Requirements of Step 1 of the evaluation process will proceed to Step 2. b) Proposals will first be evaluated on technical merit without reference to cost or exceptions. Technical evaluations will be based on the criteria listed below. Technical Proposals will be scored out of 100% in accordance with the following criteria and weights: • Criterion 1. Project Team Experience and Capability: 30% • Criterion 2. Operational Details: 60% • Criterion 3. Proposal Quality: 10% Proponents must achieve a minimum score of 75% in both Criterion 1 and 2 in addition to an overall combined score of 80% or greater for criterion 1, 2 & 3. c) Step 2 may include written requests for clarification from selected Proponents to obtain comparable information required for decision-making. Step 2 may also include a request for a clarification presentation from one or more Proponents and such a request does not oblige the Municipality to request a presentation from all Proponents. Requested references in the RFP will be used to validate information provided by the Proponent. d) Each criterion will receive a consensus score (see Section 9.2 for a complete listing of the items being evaluated). 34 RFP 12-01,Curbside Waste Management Collection Services Only those Technical Proposals that achieve an overall technical score of 80% or greater will have their Sealed Financial Proposal envelopes opened. The Sealed Financial Proposal envelopes for those Proponents not receiving a minimum technical score of 80% will not be opened and will be retained by the Municipality. 9.1.3 Step 3—Opening of Financial Proposals At this step of the evaluation process, the Sealed Financial Proposals will be opened for only those Technical Proposals that achieved the required minimum technical score of 80% in Step 2. 9.1.4 Step 4—Determination of Combined Technical and Financial Scores a) For those Proposals that reached Step 3, the technical score will be combined with the financial score to determine a combined technical and financial score out of 100. The combined technical and financial score out of 100 will be a weighted score based on a weighting of 45% for the Technical Proposal and 55% for the Financial Proposal. The Proponent with the highest combined score would be recommended as the preferred Proponent. 9.1.5 Step 5—Comparison of Combined Technical and Financial Scores The best score from Part A and Part B will be combined using a weighted average (two-thirds for Part A and one-third for Part B) and compared to the best score from Part C to determine the preferred Proponent(s). 35 RFP 12-01,Curbside Waste Management Collection Services 9.2 Evaluation & Scoring of Technical Proposals CRITERIA DESCRIPTION A. EXPERIENCE The evaluation will consider the Proponent's general waste management experience over the past 10 years including the following: • The experience to undertake the collection service(s) as specified in the RFP document • Value of past and current contracts Size of past and current contracts (number of units served, weekly tonnages) • Operational year and duration of contracts (including any extensions) B. REFERENCES The evaluation shall consider reference information received by the Municipality , based on the Proponent's past and current waste management activities over the past 10 years, as well the Proponent's prior record as a contractor to the Municipality (if applicable). C. STAFF REQUIREMENTS The evaluation shall consider the Proponent's management capability to perform the services required. The evaluation shall consider the experience of the following key management employees: • Senior executive staff • Contract Manager/Supervisor • Designated fleet manager(s) & Route Supervisor(s) • Staff requirements for the contract administration & collection operations D. SIZE The evaluation will consider the size of the Proponent's company or organization including the following: • Waste Management facilities in Ontario and Canada • Size of current collection fleet in Ontario and Canada 36 RFP 12-01,Curbside Waste Management Collection Services 9.2 Evaluation & Scoring of Technical Pr000sals...cont'd 2.0 OPERATIONAL DETAILS 2.1 VEHICLES A. TYPE OF VEHICLE(S) AND EQUIPMENT The Proponent shall provide information on the type of vehicle(s) and equipment to be utilized for the work specified in the RFP. Criteria to evaluate vehicle(s) and equipment include the following: • Make and model of vehicles and the services to be provided by the Collection Vehicles B. QUANTITY AND SIZE The Proponent shall provide information on the quantity and size of the Collection Vehicles to be utilized for the Work described in the RFP. Criteria to evaluate the vehicles includes the following: • Number of collection vehicles and equipment to carry out the Work as defined in the RFP • Sufficient information provided on spare vehicles and equipment to carry out the work as defined in the RFP collection program, including adequate numbers, types and colour to cant' out the work as defined in the RFP • Capacity of Collection Vehicles • Compartment capacity of Recycling Collection Vehicles (if applicable C. AGE • Age of the vehicles to be used during the Contract D. FUEL AND ENVIRONMENTAL ISSUES Incorporation of environmental considerations in the Proponent's Proposal such as: • Alternative Fuels • Green fleet initiatives E. ONE CONTRACTOR FOR ALL PARTS (A,B,C,D) 37 RFP 12-01,Curbside Waste Management Collection Services 9.2 Evaluation & Scoring of Technical Proposals...cont'd 2.0 OPERATIONAL DETAILS CONTINUED 2.2 WORKPLAN A. The Proponent shall provide information on the proposed Work Plan to be used for the services outlined in the RFP. Criteria to evaluate the Work Plan include the how service will be provided, estimated number of stops per route, etc- B. Organizational structure and staffing plan including number of staff C. FLEXIBILITY OF WORK PLAN • Flexibility to accommodate changes in legislation that potentially could change service delivery • Flexibility to respond to fluctuations in recycling streams, in both quantity and type. D. VEHICLE MAINTENANCE PLAN Information on Commercial Vehicle Operator's Registration (CVOR) E. CONTINGENCY PLANS THAT ADDRESS: • Bad weather resulting in inability to complete day's route. • Collection vehicle failure resulting in inability to complete the day's route. • Labour Dispute by the Proponent's employees or the employees of the sub contractor. • Increased material quantities in early January due to Christmas holidays and longer period between collections due to the different day collection cycle. 2.3 PROPONENTS FACILITIES A. The Proponent shall provide information on Facilities to be utilized for the Work specified in the RFP. The evaluation will consider the sustainability of the proposed Facilities, travel/response time for vehicle maintenance and contingency plans to address collection delays/response times if the Facilities are not located in London. The evaluation will also consider if the Facilities satisfactorily meets the locations and size requires for the office(s) and yard for offices and yard for storage of the fleet 38 RFP 12-01,Curbside Waste Management Collection Services 9.2 Evaluation & Scoring of Technical Pro osals...cont'd 3.0 PROPOSAL QUALITY A. CLARITY The Proposal clearly identifies the scope of work offered and clearly describes how the Proponent proposes to satisfy the requirements set out in the RFP. All information is complete and presented in a clear, concise, and well-organized manner. The Proponent has provided a clear table of contents for proposal submissions and/or forms for completion particularly for significant elements. B. UNDERSTANDING THE MUNICIPALITY'S REQUIREMENTS The Proposal demonstrates an understanding of specific goals and objectives as described in the RFP. The Proponent demonstrates a clear commitment in terms of assigning resources to fully support the Projects described in the RFP. TOTAL PROPOSAL QUALITY SCORE 1.0 PROJECT TEAM EXPERIENCE & CAPABILITY 2.0 OPERATIONAL DETAILS SCORE 3.0 PROPOSAL QUALITY OVERALL TOTAL 39 RFP 12-01,Curbside Waste Management Collection Services 10.0 RFP SCHEDULE The following is a tentative schedule to assist Proponents: EVENT DATE Mandatory Proponent Information meeting Monday February 13th, 2012 at 10 am, Central Elgin Office 450 Sunset Dr. Deadline to receive Enquiries Monday February 20, 2012 at 4 pm Proposal Close Tuesday February 28, 2012 at 2 pm Evaluation of Proposals Submissions Week of February 28, 2012 Presentation and Interviews, if required March 6th, 2012, , South Dorchester Community Hall, Lyons. Award of Proposal by Municipal Councils Week of March 15th 2012 Contract start June 1, 2012 40 RFP 12-01,Curbside Waste Management Collection Services 11.0 SUBMISSION INSTRUCTIONS 11.1 Closing Date and Time Proponents are required to submit one (1) signed original and four(4) copies of the Request for Proposal in a sealed envelope clearly identified as Request for Proposal 12-01 Curbside Waste Management Collection Services to: Lloyd J. Perrin, Director of Physical Services c/o The Municipality of Central Elgin 450 Sunset Drive, 15t Floor ST. THOMAS, ON N5R 5V1 or hand delivered (in person or by courier) to: Lloyd J. Perrin, Director of Physical Services c/o The Municipality of Central Elgin 450 Sunset Drive, 151 Floor ST. THOMAS, ON N5R 5V1 Respondents are solely responsible for ensuring bids are received by the Municipality of Central Elgin prior to 2:00 pm, Tuesday February 28tr, 2012 Failure to submit a signed original of the Form of Proposal will result in your proposal being rejected 11.2 Late Submissions Proposals received later than the specified closing time will be returned, unopened, to the proponent. 11.3 Period of Acceptance The Proposal submission is to remain firm for acceptance for a period of one hundred-eighty (180) days from the date of closing. 11.4 Inquiries a) Inquiries regarding this RFP are to be directed by email to: Lloyd J. Perrin, Director of Physical Services, Municipality of Central Elgin hoerrin(d)centralelpin.org Inquiries must not be directed to other staff or elected officials of the Municipalities. Directing inquiries to other than the person noted above will result in your submission being rejected. b) All inquiries are to be sent in writing to the individual mentioned above. No clarification requests will be accepted by telephone. Responses to clarification requests will be provided to all Proponents in writing in the form of Addenda which will circulated to proponents by email only. b) The Municipality assumes no responsibility for any verbal (spoken) information from any Municipality staff or from any Consultant firms retained by the Municipality, or from any other person or persons who may have an interest in this Proposal. Amendments or changes to this Proposal prior to the closing date and time stated herein will only be in the form of written addenda and said addenda will be issued by the Purchasing & Supply Team of the 41 RFP 12-01,Curbside Waste Management Collection Services Municipality. Any Addendum will be sent to each proponent by email. It is the Proponent's sole responsibility to ensure that it has reviewed and informed itself of any posted Addendum. FAILURE TO ACKNOWLEDGE RECEIPT OF ALL ADDENDA ON THE FORM OF PROPOSAL WILL RESULT IN YOUR BID BEING REJECTED d) Each Proponent must review all proposal documents and promptly report and request clarification of any discrepancy, deficiency, ambiguity, error, inconsistency, or omission contained therein. Any such request must be submitted to the Municipality in writing, by email, prior to 4 p.m. February 20th, 2012 e) Where a request results in a change or a clarification to the proposal, an Addendum will be prepared and issued. No Addendum will be issued within the forty-eight (48) hours prior to closing - not including Saturdays, Sundays and Statutory Holidays observed by the Municipality 11.5 Riahts Reserved by the Municipality a) The Municipality is not liable for any costs incurred by the Proponent in the preparation of their response to the RFP or selection interviews, if required. Furthermore, the Municipality shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or subsequent to, or by reason of the acceptance, or non- acceptance by the Municipality of any proposal, or by reason of any delay in the award of the proposal. b) The lowest proposal will not necessarily be accepted. The Municipality reserves the right to accept/reject any or all proposals and/or reissue the RFP in its original or revised form. c) The Municipality reserves the right to request specific requirements not adequately covered in their initial submission and clarify information contained in the RFP. d) The Municipality reserves the right to modify any and all requirements stated in the RFP at any time prior to the possible awarding of a contract, e) The Municipality reserves the right to cancel this RFP at any time, without penalty or cost to the Municipality. This RFP should not be considered a commitment by the Municipality to enter into any contract. f) In the event of any disagreement between the Municipality and respondent regarding the interpretation of the provisions of the RFP, the Manager of Purchasing and Supply or an individual acting in that capacity, shall make the final determination as to interpretation. 11.6 Treatment of Information a) The information submitted in response to this RFP will be treated in accordance with the relevant provisions of the Municipal Freedom of Information and Protection of Privacy Act. The information collected will be used solely for the purposes stated in this request. b) The Proponent does, by the submission of a proposal, accept that the information contained in it will be treated in accordance with the process set out in this section of the RFP 42 RFP 12-01,Curbside Waste Management Collection Services 12.0 TECHNICAL, SUBMISSIONS REQUIREMENTS 12.1 General a) The Municipality is requesting proposals from firms who are both interested and capable of undertaking the project. b) The onus is on the Proponent to show their knowledge, understanding and capacity to conduct the work outlined in the RFP. c) The responses will be assessed according to how well they assure the Municipality's success in relation to the submission requirements. The detail and clarity of the written submission will be considered indicative of the Proponents expertise and competence. d) All information provided in response to this RFP must contain sufficient detail to support the services being proposed. Incomplete submissions will not be considered. e) All prices must be stated in Canadian funds. Prices must also be inclusive of customs, duty and freight. 12.2 Specific Requirements Your proposal submission must include the following information (detailed in Section 12.2.1 through 12.2.7 below) for each part of Work being proposed. If the information differs between Parts the exceptions or additional information must be so noted. 1. Experience & References 2. Staff Requirements 3. Subcontractors 4. Proponent's Company Size 5. Vehicle Information 6. Work Plan 7. Proponent Facilities 12.2.1 Experience & References The Proponent is to describe their general waste management experience in Ontario over the last ten (10) years that has prepared them to undertake waste management collection particularly recycling, garbage, yard material, and fall leaf collection services as specified in the RFP document (no more than one (1) page). The following information is to be included for past and current waste management collection service contracts over the last ten (10) years. Please only include information for contracts. For non-applicable items, indicate NIA. The Municipality shall not be included in the list of previous or current contracts. • Client Name, Address, Contact Name and Phone Number • Services Provided including frequency i.e. weekly, bi-weekly Number of units serviced and weekly tonnage collected • Service Responsibilities • Collection Methods i.e. manual, automated, semi-automated • Operational year(s) and duration of the contract, including contract extensions • Vehicle Information, i.e. number, type 43 RFP 12-01,Curbside Waste Management Collection Services • Number of Employees • Approximate annual value of the contract • Involvement of Subcontractors, if applicable • Additional information, i.e. management of other contracts of similar size and scope, be sure to include dates of service and customer contact info The Municipality reserves the right, in its absolute sole discretion, to contact one or more of the named contact persons to receive reference information for evaluation purposes. The Municipality may also contact other representatives of the same company or organization for whom the work was performed by the Proponent. The Municipality may contact representatives in municipalities that are not listed as references where the Proponent has held contracts. Where applicable, the Municipality will also consider the prior record of the Proponent as a contractor to the Municipality when evaluating reference information. 12.2.2 Staff Requirements The proponent is to include information on their management capabilities to perform the Work as specified in the RFP. The evaluation shall consider the experience of key management employees and the staffing requirements for the Contract. The following information must be included: • Senior Executive Staff o Name(s) o Experience/Professional Qualifications/Designations o Responsibilities • Contract Manager/Supervisor o Name(s) o ExperiencelProfess ion al Qualifications/Designations o Responsibilities • Designated Fleet Manager(s) & Route Supervisor(s) o Name(s) o ExperiencelProfessional Qualifications/Designations o Responsibilities • Contract Administrative Staff o Number of staff o Responsibilities • Collection Service Staff o Total number of staff, number of full-time employees, number of temporary employees, number of Collection Vehicle operators (drivers), number of collection staff(throwers) 12.2.3 Subcontractors Proponents are to provide a listing of all subcontractors, their address and telephone number and the scope of work they will be performing for the Contract, 44 RFP 12-01,Curbside Waste Management Collection Services 12.2.4 Proponent's Company Size The submission must provide a description of the Proponent's company or organization which is to include the following information: Q current waste management facilities in Canada; current waste management facilities in Ontario; Q current waste collection fleet size in Canada; • current waste collection fleet size in Ontario, and • any additional information that may be relevant. 12.2.5 Vehicle Information The following information is required in regards to the quantity and size of vehicles to be used in performing the Work specified in the RFP. If the fleet differs between the Parts of Work (A through E) the differences need to be clearly identified (i.e. Part A, Option 1, etc.). • Collection Vehicles: o Make(s) o Model(s) o Type • Total number of Collection Vehicles: o Total number of used Collection Vehicles in the proposed fleet (excluding spares). Please include the age of these Collection vehicles as the start of the contract. o Total number of spare Collection Vehicles to be available to carry out the work. Please also indicate the age of each spare vehicle as the start of the contract. o Number of other vehicles to be used to carry out the work (i.e. pick-up truck(s) for Route Supervisor) • List and describe any other equipment to be used to carry out the work • If applicable, capacity of fibre and container compartments of the Recycling Collection Vehicles (tonnes, volume) • Overall maximum capacity of Collection Vehicles for each service (tonnes, volume) • Approximate material density (taking into account compaction if compacting vehicles are used) • Describe the green fleet initiatives (if any) to be undertaken in carrying out the Work • If Alternative Fuels are to be used in carrying out the Work please indicate which fuel will be used • Additional information 12.2.6 Work Plan A detailed Work Plan must be included for all Parts of Work identified in the RFP. The Work Plan should include but is not limited to the following information: • Description of the implementation schedule, including but not limited to, Collection Vehicle purchase timeframe, staff hiring, etc. • Description of how service will be provided, estimated number of routes, estimated number of trucks per routes, estimated number of trucks for each zone and estimated number of stops. 45 RFP 12-01, Curbside Waste Management Collection Services • Staffing plan including the number of staff, their roles and responsibilities and reporting relationships. + Description of the Vehicle Maintenance Plan including but not limited to all items listed on the CVOR reports (i.e. vehicle service requirements, frequency of service, etc.) + Flexibility of Work Plan. Outline how your company will accommodate a variation in quantity and, or type of material collected or changes in legislation affecting collection, etc. Historically the Municipality sees increased quantities around the holidays due to longer periods between collections due to the different day collection cycle (i.e. early January due to Christmas) + Contingency Plan. Outline method(s) to deal with situations including: o Labour disputes, etc., and emergency (ice storms, natural disasters) o Bad weather resulting in poor driving conditions and subsequent inability to complete day's route o Collection vehicle failure resulting in inability to complete the day's route 12.2.7 Proponent Facilities Proponents are to describe the facilities to be utilized for the work specified. Information such as location and size should be included for the office, yard (for fleet storage), vehicle maintenance and any other facilities to be used for the contract. Additionally, specify if the facility is owned or leased. 46 RFP 12-01,Curbside Waste Management Collection Services 13.0 REQUIREMENTS AT TIME OF CLOSING Proponents are required to submit the following data with their proposal. FAILURE TO DO SO SHALL RESULT IN THE PROPOSAL BEING REJECTED. 1. Form of Proposal 2, Technical Submission 3. Financial Proposal 4. Certificate of Approval 5. Commercial Vehicle Operators' Registration (CVOR) 6. Bid Deposit in the amount of 10% of the Year 1 total proposed price 7. Letter of Agreement to Bond/Letter of Guarantee 13.1 Form of Proposal The Form of Proposal provided must be completed in ink, signed and returned in a sealed envelope clearly marked with the name and address of the Responder, Title of File and File Number. 13.2 Technical Submission The Technical Submission (as detailed in Section 12) is to be provided in a separate sealed envelope clearly identified as Technical Submission. 13.3 Financial Proposal The Financial Proposal is to be submitted in a separate sealed envelope clearly identified as Financial Proposal. 13.4 Certificate of Approval Proponents are required to submit a copy of their provisional Certificate of Approval as authorized and issued by the Ministry of the Environment. 13.5 CVOR Proponents must submit a valid CVOR_ The CVOR permit is to remain in good standing throughout the duration of the contract. 13.6 Bid Deposit a) Each proponent is required to submit in the financial envelope, an original bid deposit with their proposal in the amount of 10% of the proposed annual price for Year 1 of the contract, in the form of a Bid Bond, Irrevocable Letter of Credit, Certified Cheque, Bank Draft or Canadian Currency. PHOTOCOPIES OR FAXED COPIES OF BID DEPOSITS WILL RESULT IN THE BID BEING REJECTED. b) Bid deposits, with the exception of the two (2) highest ranked proposals will be returned within three (3) weeks, unless otherwise determined by the Manager of Purchasing and Supply or Designate after the proposal opening. The two (2) remaining deposits will be returned after award of the proposal by Municipal Councils. Where terms and conditions of a proposal require the execution of an agreement, the two (2) remaining deposits will be returned upon execution of the agreement. c) It is to be noted that proponents who elect to use cash or certified cheque as a bid deposit will not be paid any interest by the Municipality. 47 RFP 12-01,Curbside Waste Management Collection Services 13.7 Letter of Agreement to Bond/Letter of Guarantee a) An original Letter of Guarantee from a recognized Financial Institution or Letter of Agreement from a bonding agency licensed to operate in the Province of Ontario must be included with the bid confirming that if the proponent is successful, the necessary guarantee will be issued as spelled out in Section 14.1. b) Letters of Agreement submitted must bear an original signature of the issuer and the proponent. PHOTOCOPIES OR FAXED COPIES OF LETTERS OF AGREEMENT/LETTERS OF GUARANTEE WILL RESULT IN THE SUBMISSION BEING REJECTED c) Proponents who have not submitted a bid or remitted the administrative fee will be removed from future bidder's lists. 48 RFP 12-01,Curbside Waste Management Collection Services 14.0 REQUIREMENTS AT TIME OF EXECUTION Subject to an award of the proposal, the successful Proponent is required to submit the following documentation in a form satisfactory to the Municipality for execution within ten (10) working days after being notified to do so in writing: 1. Performance Security in the form of an Executed Bond - Performance Bond in the amount of 25% of the successful Proponent's year one (1) annual price, OR - Irrevocable Letter of Credit in the amount of 25% of the successful Proponent's year one (1) annual price, 2. Insurance Documents 3. Clearance Certificate from the Workplace Safety and Insurance Board 4. Safety Policies and Procedures and Related Documentation 5. Executed Legal Agreement in a form satisfactory to the Municipality. If the successful Proponent for any reason, defaults or fails in any matter or thing referred to under "Requirements at Time of Execution", the Municipality shall be at liberty to retain the money deposited by the successful Proponent for use by the Municipality as liquidated damages. In the event of default, the Municipality reserves the right to accept any other bid, advertise for new proposals or carry out the work in any way as the Municipality may, at its sole discretion, deem best. 14.1 Executed Bond a) The successful Proponent shall be required to submit to the Municipality a Performance Bond guaranteeing the full and faithful performance of the work, in an amount of 25% of the successful Proponent's price. b) The bonds shall be those as issued by a bonding agency licensed to operate in the Province of Ontario, and only on the Municipality standard Form of Bond. OR An Irrevocable Letter of Credit from a recognized Financial Institution in the amount of 25% of the successful Proponent's price, in a form acceptable to the Municipality Treasurer. d) The successful Proponent shall not commence work until such time as the requested Bond/Letter of Credit has been approved by the Municipality Treasurer. e) The Irrevocable Letter of Credit shall act as guarantee that the successful Proponent will perform the work contemplated herein. If the successful Proponent expressly or by implication repudiates the contract herein, the Municipality may terminate the contract immediately upon written notice and immediately draw upon the Irrevocable Letter of Credit as liquidated damages. Notwithstanding the above, the Municipality shall retain any other right which it may have in law to claim for any and all damages which it may suffer as a result of the successful Proponent's breach of the provisions set forth in the contract. 14.2 Insurance and Indemnification The successful Proponent shall at its own expense obtain and maintain until the termination of the contract, and provide the Municipality with evidence of: a) Comprehensive general liability insurance on an occurrence basis for an amount not less than five million ($5,000,000) dollars and shall include the Municipality as an additional insured with respect to the successful bidders operations, acts and omissions relating to its obligations under this Agreement, such policy to include non-owned automobile liability, personal injury, broad form property damage, contractual liability, owners' and contractors' protective, products and completed operations, contingent employers liability, cross liability and severability of interest clauses. 49 RFP 12-01,Curbside Waste Management Collection Services b) Automobile liability insurance for an amount not less than five million ($5,000,000) dollars on forms meeting statutory requirements covering all vehicles used in any manner in connection with the performance of the terms of this Agreement. c) Environmental Impairment liability insurance covering the work and services described in this Agreement including coverage for loss or claims arising from contamination to third party property or bodily injury during transit. Such policy shall provide coverage for an amount not less than one million ($1,000,000.) dollars and shall remain in force for twelve (12) months following completion of work. The policies shown above will not be cancelled or permitted to lapse unless the insurer notifies the Municipality in writing at least thirty (30) days prior to the effective date of cancellation or expiry. The Municipality reserves the right to request such higher limits of insurance or other types of policies appropriate to the work as the Municipality may reasonable require. d) The successful Proponent shall not commence work until satisfactory evidence of insurance has been filed with and approved by the Risk Management Division of the Municipality. The successful Proponent shall further provide that evidence of the continuance of said insurance is filed at each policy renewal date of the duration of the contract. e) The successful Proponent shall indemnify and hold the Municipality harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees occasioned wholly or in part by any acts or omissions either in negligence or nuisance whether wilful or otherwise by the Proponent, its agents, officers, employees or other persons for whom the Proponent is legally responsible. 14.3 Workplace Safety & Insurance Board a) The successful bidder shall furnish a WSIB Clearance Certificate indicating their WSIB firm number, account number and that their account is in good standing. This form must be furnished prior to commencement of work, eve sixty(60) days or upon receipt of a Clearance Certificate from WSIB throughout the contract and must be submitted with final invoice before Payment is made. The successful bidder further agrees to maintain their WSIB account in good standing throughout the contract period. b) If the successful bidder is a self — employed individual, partner or executive officer who does not oav WSIB premium and is recognized by WSIB as an `independent operator a letter from WSIB acknowledging independent contractor status and confirming that WSIB cover is not required must be provided to the Municipality prior to commencement of work. 14.4 Safety Policies and Procedures and Related Documentation The successful Proponent shall submit one (1) copy of each of the following items: a) Their written health and safety policy and program where required under Section 25 (2) 0) of the Occupational Health and Safety Act. Where not required under 25(4), Proponents are asked to provide procedures or a written description of safety practices applicable to the work to be performed under the contract. b) They may be required to provide additional documentation/ policies / procedures as applicable and as outlined in the contract requirements. These additional requirements, if any, will be found in the contract document. 14.6 Contract Document Executed a Contract Document in triplicate in a form satisfactory to the Municipality. 50 RFP 12-01,Curbside Waste Management Collection Services 15.0 TERMS AND CONDITIONS 15.1 Contract Period The term of the contract will be for a period of seven (7) years, commencing June 1, 2012 with an option to renew for two (2), one (1) additional year periods, for a total contract period up to nine (9) years. 15.2 Renewal a) The Municipality, at its absolute sole discretion, has the option to renew the contract for a further one (1) year period. b) In determining whether to renew the contract, the Municipality will consider the following, but not be limited to performance, price and value. 15.3 Taxes Harmonized Sales Tax— Extra. 15.4 Inflation Adjustments Price adjustments will be made for fuel and general inflation on a regular basis as outlined below. Increases or decreases for fuel will be made quarterly (January 1, April 1, July 1 and October 1). Price adjustments for fuel will be applied to 10% of the applicable unit rate using the following formula: Unite Rate Average Diesel Fuel Price Fuel Portion of = 0.1 X (from Form of X for Preceding Quarter Fuel Unit Rate Payable Proposal) Price for January 2012 Where the diesel fuel price will be equal to the Ministry of Energy's diesel fuel price for London as found on http://www.mei.gov.on.ca/en/energyloilandgas/?page=fuel-prices For example, • Unit Price for recycling collection was $40 per stop + Diesel Fuel Price on January 2011 was $1.00 per litre • Average Diesel Fuel Price from October to December 2011 was $1.10 per litre ($1.05 in October, $1.15 in November and $1.10 in December) The fuel portion of the unit rate beginning January 1, 2012 would be $4.40 per stop (0.1 X 40 X 1.10/1.00). The remaining 90% of unit rates will be adjusted for inflation annually on January 1 of each year. Annual adjustments will be made to payments using the formula: General Inflation Portion Unit Rate (from CPI January Year Y of = Hourly Rate 0.9 X Form of X CPI January 2011 Payable Proposal) 51 RFP 12-01,Curbside Waste Management Collection Services Where CPI Year Y and CPI 2011 are the Consumer Price Index for the year in question and 2011 respectively. The Consumer Price Index will be equal to the Consumer Price Index for Ontario all-items, excluding gasoline, by Statistics Canada as found on hftp://www.statcan.qc.ca/r)ub/62-001-x/2010010/tO55-eng.htm For example, • Unit Price for recycling collection was $40 per stop • GPI on January 2011 was 115A • CPI on January 2012 was 117.2 The general inflation portion of the Unit Rate beginning January 1, 2012 would be $36.56 per stop (0.9 X 40 X 117.2/115.4). In this example, the total payable as of January 1, 2012 would be $40.96 ($4.4 plus $36.56) ** The first price adjustment will take place January 1, 2013. ** 15.5 Per Stop or Unit Cost for Contract Additions/ Deletions The Successful Proponent, upon notification, will assume the responsibility for collection services as soon as any new homes, buildings, subdivisions, businesses are ready for service as determined by the Municipality. Annually, the number of stops for the upcoming year will be adjusted based on the permits for new home construction or demolition for the previous year. 15.6 Invoices & Documentation The Successful Proponent shall submit an invoice to each of the Municipalities at the end of each month representing billing for the Work done for the previous month. The invoice will contain all required data to support that the Contract has been completed. The Successful Proponent shall also submit documentation on a monthly basis to accompany the invoice. Documentation will include an Excel spreadsheet, in the format provided by the Municipality, which summarizes all material collected by zone and route. A copy of this unlocked spreadsheet is to be emailed to the Municipality each month. 15.7 Paymen# 15.7.1 Curbside Recycling Collection The Successful Proponent shall be entitled to receive monthly payments using the following formula: Unit Rate For Recycling Collection Monthly = (from Form of Proposal and adjusted for X Number of Payment fuel &general inflation) Stops 12 15.7.2 Garbage, Yard Materials and Fall Leaf Collection Garbage The Successful Proponent shall be entitled to receive monthly payments using the following formula: Unit Rate For Garbage Collection Monthly = (from Form of Proposal and adjusted for X Number of Payment fuel & general inflation) Stops 12 52 RFP 12-01, Curbside Waste Management Collection Services Leaf&Yard Material Collection The Successful Proponent shall be entitled to receive payment for the collection of Leaf and Yard Materials on the next invoice following the completion of the collection period (Spring or Fall) using the following formula: Unit Rate For Yard Material Collection Monthly = 1/2 X (from Form of Proposal and adjusted for fuel & X Number of Payment general inflation) Stops 15.8 Monies Due to the Municipality In the event that there are any monies payable to the Municipality by the Contractor under the terms of this Contract, such monies shall be deducted from and retained out of any monies due from the Municipality to the Contractor or may be recovered from the Contractor or the Contractor's surety pursuant to the performance bond as a debt due to the Municipality. 15.9 Payment Prior to Start of Contract The Successful Proponent is not eligible for any payment prior to the start-up of the Contract. When payment is made to the Successful Proponent, they shall promptly pay to every subcontractor employed any amount properly due such subcontractor on account of Work covered by the Contract. The Municipality shall not be liable for, or be held to pay, any money to the Successful Proponent except as provided above; and on making the complete payment aforesaid, the Municipality shall be released from all claim or liability to the Successful Proponent for anything done, or furnished for, or relating to the Contract, or for any act or neglect of the Municipality relating to the Work, except the claim against the Municipality of the remainder, if any, of the amounts kept or retained as provided above. 15.10 Interest The Successful Proponent shall not be entitled to any interest upon any bill for extra work on account of delay in its approval by the Director of Physical Services /Designate. 15.11 Disputes In cases of disputes as to whether or not the service submitted meets the conditions in the accepted proposal, the decision of the Director of Physical Services or Designate for the Municipality shall be final and binding on all parties. 15.12 Assignment Following award of the contract, the Successful Proponent shall not, without written consent of the Director of Physical Services or Designate make any assignment or any subcontract for the execution of any service or product hereby proposed. The consent of the Director of Physical Services may be arbitrarily withheld. 15.13 Compliance with the Accessibility for Ontarians with Disabilities Act, 2005 The Contractor shall ensure that all its employees, agents, volunteers, or others for whom the Contractor is legally responsible receive training regarding the provision of the goods and services contemplated herein to persons with disabilities in accordance with Section 6 of Ontario Regulation 429/07 (the "Regulation") made under the Accessibility for Ontarians with Disabilities Act, 2005, as amended the "Act"). The Contractor shall ensure that such training includes, without limitation, a review of the purposes of the Act and the requirements of the 53 RFP 12-01, Curbside Waste Management Collection Services Regulation, as well as instruction regarding all matters set out in Section 6 of the Regulation. The Contractor shall submit to the Municipality, as required from time to time, documentation describing its customer service training policies, practices and procedures, and a summary of its training program, together with a record of the dates on which training was provided and a list of the employees, agents volunteers or others who received such training. The Municipality reserves the right to require the contractor to amend its training policies to meet the requirements of the Act and the Regulation. 16.14 Changes in Law The parties acknowledge that performance of the obligations required hereunder may be affected by changes in applicable laws of the Province of Ontario. In the event of a change in applicable legislation that results in a material impact on the performance of any act required by this Agreement, the Parties shall renegotiate the provisions of this Agreement to achieve mutually acceptable terms for the performance of acts required hereunder. If the Parties are unable to agree on the revised terms and conditions either Party may submit the dispute to arbitration in accordance with the provisions of the Arbitration Act S.O. 1991, C. 17. 15.15 Exclusion of Proponent in Litigation a) The Municipality may, in its absolute discretion, reject a proposal submitted by a Proponent if the Proponent, or any officer or director of the Proponent is or has been engaged, either directly or indirectly through another corporation, in a legal action against the Municipality, its elected or appointed officers and employees in relation to: i. Any other contract or services; or ii. Any matter arising from the Municipality's exercise of its powers, duties, or functions. b) In determining whether or not to reject a proposal under this clause, the Municipality will consider whether the litigation is likely to affect the Proponent's ability to work with the Municipality, its consultants and representatives, and whether the Municipality's experience with the Proponent indicates that the Municipality is likely to incur increased staff and legal costs in the administration of the contract if it is awarded to the Proponent. 15.16 Exclusion of Proponent Due To Poor Performance a) The Director of Physical Services shall document evidence and advise in writing where the performance of a supplier has been unsatisfactory in terms of failure to meet contract specifications, terms and conditions or for Health and Safety violations b) The Municipality Treasurer may, in consultation with the Municipality Solicitor, prohibit an unsatisfactory supplier from bidding on future contracts for a period of up to three (3) years. 15.17 Termination of Contract 15.17.1Termination initiated by Municipality: Should the Contractor fail or neglect to commence or execute the work described in this contract in a diligent fashion, or should the contractor become bankrupt or insolvent, commit any act of insolvency, abandon the work, or fail to observe and perform any of the provisions of this contract, the Municipality shall notify the Contractor in writing of the deficiency. If the Contractor fails to remedy the deficiency or modify operations to eliminate the deficiency within 5 working days the Municipality may order the contractor to discontinue all work under the contract and the Corporation may then employ 54 RFP 12-01,Curbside Waste Management Collection Services such means as deemed necessary to complete the work. In such as case the Contract shall have no claim for any loss or damages resulting from the work being taken out of control of the Contractor. The Contractor shall be responsible for all costs for loss, damage or other related costs which may be suffered by the Municipality by reason of such default, bankruptcy, insolvency or act of insolvency. If such loss to the Municipality is in excess of the amount which the municipality would normally be paying for the successful execution of the contract, the Contractor shall be responsible for the amount of the excess. The Municipality will either deduct the amount of this excess from any monies owing the Contractor or utilize the sureties in place for the amount of the excess. If the amount owing or which is being held as security is exceeded by the cost of remedying the default the Municipality reserves the right to recover any increased costs by whatever legal means it sees fit. 15.17.2Termination initiated by Contractor: If the Contractor finds it necessary to terminate the contract, the Contractor shall provide the Municipality in writing, with a minimum of twenty six (26)weeks notification of said termination, The Municipality reserves the right to draw on the monies owing or to utilize the sureties in place for any increased costs suffered by the Municipality to have a subsequent contract in place. If the cost of remedying the breach of contract by the contractor exceeds the monies owing or the sureties in place, the Municipality reserves the right to take whatever legal action necessary to recover its increased costs. 55 RFP 12-01,Curbside Waste Management Collection Services 16.0 FORM OF PROPOSAL AT LEAST ONE SIGNED ORIGINAL OF THIS FORM OF PROPOSAL. MUST BE INCLUDED IN YOUR SUBMISSION 16.1 Please state terms of payment (Note: Early payment discounts will be considered in the award of the contract, and will apply after taxes): 16.2 I/WE, the undersigned authorized signing officer of the Proponent, HEREBY DECLARE that no person, firm or corporation other than the one represented by the signature (or signatures) of proper officers as provided below, has any interest in this proposal. 16.3 I/WE farther declare that all statements, schedules and other information provided in this proposal are true, complete and accurate in all respects to the best knowledge and belief of the Proponent. 16.4 IANE further declare that this proposal is made without connection, knowledge, comparison of figures or arrangement with any other company, firm or persons making a proposal and is in all respects fair and without collusion for fraud. 16.6 IIWE further declare that the undersigned is empowered by the Proponent to negotiate all matters with the Corporation representatives, relative to this proposal. 16.6 WE further declare that the agent listed below is hereby authorized by the Proponent to submit this proposal and is authorized to negotiate on behalf of the Proponent. 16.7 IIWE have allowed for Addenda numbered as follows: # through to# Failure to acknowledge all addenda will result in your proposal being rejected. COMPANY NAME: ADDRESS: CITYIPROVINCE: POSTAL CODE/ZIP CODE AUTHORIZED SIGNATURE: TITLE I/WE are authorized to bind the COMPANY/CORPORATION NAME (Please print or type): TELEPHONE NUMBER { ) FAX NUMBER HST REGISTRATION # EMAIL ADDRESS DATE OF PROPOSAL NOTE: Please return page 56 completed with your Technical Submission and Financial Proposal on or before 2:00 pm, Local Time, Tuesday February 28, 2012. 56 RFP 12-01,Curbside Waste Management Collection Services Appendix A.1 Bayham — Recycling & Garbage Collection Maps MUNICIPALITY OF BAYHAM ox ADDRESS RANGE MAPPING i X1 CORINTH _�.:. EDEN KTAram'•� . I• ILL Is.7R 1 3i01l1Fi 'QKM CALTON a i � • y ­k. t.le CL 57 RFP 12-01,Curbside Waste Management Collection Services Appendix A.1 Bayham: Straffordville, Vienna, Port Burwell Recycling & Garbage Collection Maps MUNICIPALITY OF MYHAM ADDRESS RANGE MAPPING P . E . R . S STRAFFORDVILLE VIENNA • ��� h F i sT-t �� , - I.. I i- I I t r+ I I,+ Kra PORT BURWELL NT$ . 58 UP 12-01,Curbside Waste Management Collection Services Appendix A.2 Central Elgin — Recycling & Garbage Collection Map MUNICIPALITY OF CENTRAL ELGIN i CR�oN�°" Ce ! 1 oo LL CrTyw � ."^ •�- .-+'.-�;Y"'��:yam,._,.. `1 y 't�--��- 51ER IQ.:i31111 y Y �h ti S'7HWA9 FlL�11 W W .. �' lJ+►�IfY 59 RFP 12-01,Curbside Waste Management Collection Services Appendix A.3 Malahide -- Recycling & Garbage Collection Map (Boundary) The Township of Malahide 1� L� WI U p L $ E PRl68lY LINE � E LIN ❑N BIL LINE 11 LME �Q__ �1 IDAJ LINEI,�., } TALEOTUNE 3 g & � �*- z - rArISE LI LI E I ,yy�I 44 . J !'M16 E woes u O-LTONUNE 2T _ 1f1ENNA LRtE- E � E D �� LW *"7 60 RFP 12-01,Curbside Waste Management Collection Services Appendix A.3 Malahide: Springfield, Port Bruce & Other Urbanized Areas -� Recycling & Garbage Map Township of Malahide LyonsE.—ISID - ,�3�t�ItaportbsNl _. �w ��.OfIIM Cilp- I. `_ «� fso�e�ICs I�wusahvld �Cvrlter�on Lsls- av propK V h�l>Nlb Lawn-t U progrtlest AOYII!lllOidII 1 s� t21 propwfiW holpsholds Copar�sIIosn- �,,. M prowdow nnwwrnw�wn�nnwn�snwa•w��nn�r�� �'^�".�'.'.�4'�°�.""�'""'""""w"""""'w�.'w"� Springfield- 25 316 properoeamouseholft l�I�E�MNMNINNINNIpifR INNNNINNt�N� B1 RFP 12-01,Curbside Waste Management Collection Services Appendix B.1 Bayham: StrafFordville, Vienna, Port Burwell — Leaf & Yard Collection Map MUNICIPALITY OF BAYHAM ADDRESS RANGE MAPPING P . E . R . S STRAFFORDVILLE NTS 1 VI EN N _.. ~• All t�' 1 ;�~``•* .ice NM PORT BURWELL �CCL l 62 RFP 12-01,Curbside Waste Management Collection Services Appendix B.1 Bayh;am: Calton — Leaf & 'Yard Collection Map ,ton F FiI i F `i i t •1r` 4 t r i •� r � r l 63 RFP 12-01,Curbside Waste Management Collection Services Appendix B.1 Bayham: Corinth — Leaf & Yard Collection Map CORINTH .a i 64 RPP 12-01,Curbside Waste Management Collection Services Appendix B.1 Bayham: Eden — Leaf & Yard Collection Map 40 �sy y CEmrT-dY � r u y .# w 0. �1r q i No To SdA of NIN r� p� G U HAMLET OF EDEN ftwoPki-TY OF BAYHAM CYRIL J. DEMEYERE LIMITED CONVUcr7N0 ENGIMEE rs ru LsoNeUnn,arrsmo 65 RFP 12-01,Curbside Waste Management Collection Services Appendix B.1 Bayham: Richmond -- Leaf & Yard Collection Map RICHM V40"' ND r It l � 1 l a Z' 66 RFP 12-01,Curbside Waste Management Collection Services Appendix B.2 Central Elgin: Belmont — Leaf & Yard Collection Map 7.7 '���v �� lam!" � _S--�j r '-•� ��..+ ��{.,..-� r,.� �^�..-l[{^1" '� 1 1! 1l t -_ `_ • 5 4!��j���ysl�'—�...�� ; T,i E .fir �- -�`� ! S '(1•� � L 1�L-•'�11 _1�j i •�... L1�1Vt�" Ws� 4 L__ •�. T_ k llli T 1 �- l f'rr'i 4 f 1,.!..1' k- _ ""ia"' � k .��t i y y _1.:��y�{•.�- T *t y y .�. 1, v'-�Ats�rA-' F.,r•.';si7� ��� r`�, 4 1— ,' ��y �• -� �"`y�,� J s Z`�� r '•� �.'1 ��4.,,'��gl� r`=t '�fir. BELNiONT 67 RFP 12-01,Curbside Waste Management Collection Services Appendix B.2 Central Elgin: Eastwood Leaf & Yard Collection Map -A LN. TkLPQT RD Ti j City Of St.Thomas �A L T—I AOL SLT T T -4 r j- U. -aT L L ELM ST -L- z Z! EAPTVVOC D SUBDIVISION] RFP 12-01,Curbside Waste Management Collection Services Appendix B.2 Central Elgin: Lynhurst — Leaf & Yard Collection Map F J MCBAfN LN -- -- WATER TOWER E N JHT 5- K Vr 75 I-- - J •\I J ! -- , F_ J ST t LYNHURST 69 RFP 12-01,Curbside Waste Management Collection Services Appendix B,2 Central Elgin: Norman/Lyndale - Leaf & Yard Collection Map ++I L � � s IL 'T- iz I �•'%x��/I I � NORMAN/LYND 'ESUBDIVISION! 70 RFP 12-01, Curbside Waste 'vianagement Collection Services Appendix B.2 Central Elgin: Port Stanley Leaf & Yard Collection Map AffSTW.EY 71 RFP 12-01,Curbside Waste Management Collection Services Appendix B.2 Central Elgin: Sparta — Leaf & Yard Collection Map NO t L j T- §RWALN F XUAEM T -j J i II SPARTA, 72 RFP 12-01,Curbside Waste Management Collection Services Appendix B.2 Central Elgin: Union — Leaf & Yard Collection Map Ij Jj 5 Al. - -4 NI- r j §FARTA LN UNION 73 RFP 12-01,Curbside Waste Management Collection Services Appendix B.3 Malahide — Leaf & Yard Collection Map rowwawc Leaf & Waste Pick-up ' Springfield . _ — rrPMSWE IFFY— LU ;�A i w W F. iy Jf'-.._O i GL- WQd 7(EEJ W E S Port Be�pce .r _ ` l aJp+ _xf P' ! Co S7RE7RE�`-•���.ti,- R � aLe r 74 RFP 12-01,Curbside Waste Management Collection Services Appendix C Bulk Bin Garbage Collection Locations Location Bin Sizes) Collection Frequency Bayham Straffordville Public Works Building— 2-6 yard covered bins Weekly 8354 Plank Rd, Straffordville Port Burwell Public Works— 1-20 yard covered bin Weekly 31 Elizabeth St,. Port Burwell Bayham Community Centre— 1-20 yard covered bin Weekly 56169 Heritage Line Vienna Community Center— 1 —6 yard covered bin Weekly 26 Fulton Street,Vienna Port Burwell Sewage Treatment Plant 2—6 yard covered bins Weekly —1 Chatham St., Port Burwell Lakeshore Port Burwell East Beach- 1 —6 yard covered bin Weekly South end of Robinson Street Central Elgin White Station Operations Centre— 3—20 yard bins On-call(typically bi weekly) 42343 Fruit Ridge Line 1 —6 yard bins Belmont Arena— 2—6 yard bins On-call(typically biweekly) 14020 Belmont Road, Belmont Port Stanley Arena— 2—6 yard bins On-call(typically biweekly) 332 Carlow Road Port Stanley Harbour Club Marina Condominiums— 2—6 yard bins Weekly 301 Carlow Road, Port Stanley New Port Beach Condominiums- 2—6 yard bins Weekly 374 Edith Cavell Blvd, Port Stanley Malahide Malahide Community Place,- 1 x 4 cubic yard-waste On-call (typically weekly) 12105 Whittaker Road, Springfield 1 x 4 cubic yard-cardboard Malahide Community Place, - 3 x.45 cubic yard"toter"-recycling Weekly 12105 Whittaker Road,Springfield 1 x.45 cubic yard"toter"-shredded paper South Dorchester Community Hall,- 2 x.45 cubic yard"toter"-waste Weekly 49431 Lyons Line, Lyons 1 x.45 cubic yard"toter"-recycling South Works Yard, - 1 x 6 cubic yard Weekly 49458 John Wise Line 75 Maur waste .management Schedule Regalar Household Woan: NarNk Disposal Sesvlcas Limited.• En En 519-443-$022 *1400-616-0347 m Household Wide lndndes: ° OF BA YHAM • All ldltehen &table wuK of mimal'okyedable orlgla�result g �' 86&5521 fraan#ae prepatd#xoat ar aeon of Soad in a hotsge�old, I E chm%b or oammewW ofbu�ns: M Household Warta Collesrttoa do Blue Boa R:ecycltng (,7 � - Air wade as a result of day6ta-day4ivh��r q-4blos:.; edxtic 8c Map fD Cr All waste should be sat out to the.curb by no later than Thursdap—.drsa 3 � T aaa.on the morning of your xolleclon day.;s A11 reaidemts to the north of `° cp Henta except for go � o .Reg�ilarHans 1d Weate w !`beto�leisper Ssi�ie Sa , L Ln sync. '. ' the hamlets of ach hDU3d aid WM be tod to F j4j bj' f hwsa W .:' Sttaffordvine&Ri�limoad.: g (D tsaatp per wed. ,` (D 0 � y Each aommeroial business willbe l ud"to )bags:of I< CL waeteperwee&. Wednesday—Area 2 ram n. tote dial be placed in aAaqq0ttnab1eplaetio bag,'9,owdy` Residents on both siules of H X 64 having cap patty of of lo Oun 98 o*o metres,CVS r Line&north of Vicars Line- Cubic fo N aondoomgoNad afia�terialsotlws thau'1:Simp' and Tunnel Line,Includes so�onaeto ("� bass di*Uhave a toW� Straffordvilla&Rkhzond. O �A tla�i8 k#1o8cala►s('lapaunda). : .,s . , .. :b. D • 13n�to allowed in regular waste s.loq a h h riot !tea CD S cm(2 issues)in diameter or 09. t.Q low. 2Wesdey-Area 1 M Brash aan be bagged o baa�dlpd. Residents on and sou*of' . vrmm C r : .. . , Vienna Line&1mnne1 Line, . I Includes Vienna&Port Bwwell. C7 1101HOMC YM BOt> NEEM .NIM duvap (D • xapl.oe Lmida�a vlt� .=. ,.. R ear Ha old Wa-i Conaudon r Howe printlpee up Sw ��lRadt. 9! Eoq• 81ue]Sa7c R oyaiitlgolleossaxi CL aOLd�}r 4a0 f Obi ddd el�Ib70t�aY0�` add t ggplllYlf>t�0!! .1i kIL ' � ,..... Noa'folk Diapoa:d Servi'res Limited � ' - SI9-443-8=4;=1-804-61{p.034a RFP 12-01, Curbside Waste Management Collection Services Appendix D.1 Bayham — Garbage & Recycling Collection Calendar x -b " dd 2 �w Jim got) 2 ED z � Q ds CUD 77 MONDAY COLLECTION SCHEDULE 2012 1 2 3 5 , 10 11 12 13 1 5 6 7 9 10 11 16 17 18 19 20 2 12 13 14 15 105 1.7 18 23 24 25 26 27 28 19 20 21 22 23 2d 25 30 31 26 27 28 29 I T _ r 1 2 4 5 6 7 9 1 8 9 10 11 12 13 11 12 13 14 15 1 15 16 17 18 19 20 18 19 20 21 22 23 2* 22 ?3 24 25 26 27 28 25 26 27 28 29 30 31 29.4 3o 1 2 5 a 6 7 8 9 10 1` 12 4 5 G 7 8 9 13 14 151 Ib 1r 18 JY ID II 12 1 IA 15 16 20 } l 2 23 24 2G a7 1 119 ?c:} 21 ?1 2 27 28 29 30 31 24 2_-5 26 27 28 29 30 Bladr�ut x " IatrC _1L + 1f.c.riar s_I li 'r x is T,_ �'u��Ctf� I — �rGarr�gran �I�+ a H+ '_��r[� 5','+°ta4"� gi;r f +e l— rU a Fi t Line Fkn'raie refe'r fo wwrw.cenfr n.org kr cofnpfple t yc31t l tc�l,. MONDAY COLLECTION SCHEDULE 2012 1 7 3 8 Q, 10 11 12 13 14 6 7 8 9 10 11 1b 16 17 18 19 20 21 12 14 14 15 1.6 '17 I 2�'w 23 24 25 26 27 jW8 .j 19 20 21 22 23 24 2 29 30 31 26 27 28 29 30 31 1 1 2 3 41 2 3 5 6 7 8 7 6 9 10 11 12 1 , 9 10 11 12 13 14 15 14 15 16 17 18 19 2 . 16 17 10 19 20 21 22 21 22 23 2A 25 26 30 24 25 26 27 28 29 28 122 30 31 I' - r r� r 10 _ 3 11 12 13 td 15 16 17 9 10 18 19 20 21 22 23 24 16 17 2.2 6-5 26 27 28 29 30 Blue lk> ; srk a°. r 1<<1=ac, Look io ilit 51.'Thomos Tinko-Jaurnc►i 'C:F. Bon"and an lhc- Cent:al Elgin wcbsrtc for}'taur frill yard waste cclleoion datLs: •.vww.lc n#ralelgimorg rr I rr,A r`zilo iu,Irv—.4!,m y ' '7•I I x-s�r,a!i sl�lr-�lr �-rr� �f Y'';u r, I'�-�� Re[11:.,,fy;ref' • !"r.'l.�,jy� I�•�li�+�4�,1 L:t�W{4t� na�ll l r _ � 11iIIR • Id.r,l ilGf r N'dk`6 r«r'rlhlt' 11y+.!< 1414tt4i'.-11I4 t"-.It' I `illud-...' l! L Yi ._. 6 «,I �M-I-'tf>%re .imm 61 a ,-i;i�-nc3F=� Y !':i a n,� i 1: ✓J�r{Jlil�ni r„J II IIU��Hf�J l�i�•�UI:I� 4iLP ,1G5 I I, ( cil,u �r , I Ir• t-,j kip N' Please refer to wwwxentralelggin,org � . :1 + r �rar cry-l=l.l ,�, rQr. �'lir• rlefails RFP 12-01,Curbside Waste Management Collection Services Appendix E Checklist of Requirements to be met for Proposal Specific Mandatory Requirements Checklist Check if Mandatory Procedural Forms: Completed Form of Proposal—Technical Submission (Sealed Envelope) Form of Proposal—Schedule of Prices (Sealed Envelope) A Copy of the Proponent's Commercial Vehicle Operator's Registration (CVOR) Abstract A Copy of the Proponent's Certificate of Approval of a Waste Management System (Waste Hauler's Certificate) Proof of Insurance Mandatory Financial Forms: Bid Deposit Agreement for either: Performance Bond, Payment Bond, Performance Security and/or Letters of Credit 80 RFP 12-01,Curbside Waste Management Collection Services 16.0 FORM OF PROPOSAL AT LEAST ONE SIGNED ORIGINAL OF THIS FORM OF PROPOSAL MUST BE INCLUDED IN YOUR SUBMISSION 16.1 Please state terms of payment (Note: Early payment discounts will be considered in the award of the contract, and will apply after taxes): 16.2 INVE, the undersigned authorized signing officer of the Proponent, HEREBY DECLARE that no person, firm or corporation other than the one represented by the signature (or signatures) of proper officers as provided below, has any interest in this proposal. 16.3 INVE further declare that all statements, schedules and other information provided in this proposal are true, complete and accurate in all respects to the best knowledge and belief of the Proponent. 16.4 INVE further declare that this proposal is made without connection, knowledge, comparison of figures or arrangement with any other company, firm or persons making a proposal and is in all respects fair and without collusion for fraud. 16.5 INVE further declare that the undersigned is empowered by the Proponent to negotiate all matters with the Corporation representatives, relative to this proposal. 16.6 WE further declare that the agent listed below is hereby authorized by the Proponent to submit this proposal and is authorized to negotiate on behalf of the Proponent. 16.7 11WE have allowed for Addenda numbered as follows: # through to # Failure to acknowledge all addenda will result in your proposal being rejected. COMPANY NAME: ADDRESS: CITYIPROVINCE: POSTAL CODE/ZIP CODE AUTHORIZED SIGNATURE: TITLE I/WE are authorized to bind the COMPANY/CORPORATION NAME (Please print or type): TELEPHONE NUMBER ( ) FAX NUMBER { } HST REGISTRATION # EMAIL ADDRESS DATE OF PROPOSAL NOTE: Please return page 56 completed with your Technical Submission and Financial Proposal on or before 2:00 pm, Local Time, Tuesday February 28, 2012. 81 RFP 12-01,Curbside Waste Management Collection Services AGREEMENT TO BOND WE,the undersigned,HEREBY AGREE to become bound as Surety for in a bond totaling ONE HUNDRED PERCENT(100%)of the CONTRACT amount,and conforming to the Instruments of Contract attached hereto,for the full and due performance of the works shown or described herein, if the Tender for is accepted by the Owner. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond must be made to the undersigned within TEN(10)DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT this day of 20 Name of Bonding Company Signature of Authorized Person Signing for Company (BONDING COMPANY SEAL) Position (This Form shall be completed and attached to the Tender submitted in Envelope 1) 82 RFP 12-01,Curbside Waste Management Collection Services STAFF QUALIFICATIONS List of Tenderer's Senior Staff to be Employed on this Contract Name Position Qualifications/ Experience To be completed and returned with tender in Envelope 1. 83 RFP 12-01,Curbside Waste Management Collection Services TENDERER'S EXPERIENCE Tenderer's Experience in Similar Work Year Description of For Whom Value Completed Work Work Performed To be completed and returned with tender in Envelope 1. 84 RFP 12-01, Curbside Waste Management Collection Services PROPOSED SUBCONTRACTORS List of Proposed Sub-Contractors Name of Proposed Address of Sub-Trade Sub-Contractor Sub-Contractor To be completed and returned with tender in Envelope 1. 85 RFP 12-01,Curbside Waste Management Collection Services Technical Submission Verification ITEM NO. DESCRIPTION STOPS PER WEEK SUBMITTING PROPOSAL Yes No Part A-Curbside Collection of Recyclables A.1 Municipality of Bayham_ 2753 stops per week 5,500 stops per A.2 Municipality of Central Elgin week A.3 Township of Malahide 2904 stops perweek All three municipalities(Bayham, 11,160 stops per A.4 Central Elgin, Malahide) week Part B-Curbside Collection of Garbage B.1 Municipality of Bayham 2753 stops per week 5,500 stops per B.2 Municipality of Central Elgin week B.3 Township of Malahide 2904 stops per week All three municipalities (Bayham, 11,160 stops per BA Central Elgin, Malahide) week Part C- Curbside Collection of Leaf and Yard Waste(weekly,4x spring, 4x fall C.1 Municipality of Bayham 1219 stops per week C.2 Municipality of Central Elgin 3300 stops per week C.3 Township of Malahide 573 stops per week All three municipalities(Bayham, C.4 Central Elgin, Malahide) 5092 stops per week Part D- Bulk Bin Collection D.! Municipality of Bayham 20 yard bin s 6 yard bin s D.2 Municipality of Central Elgin 20 yard bin s 6 yard bin s D.3 Township of Malahide 4 yard bin s 6 yard bin s All three municipalities (Bayham, D4 Central Elgin, Malahide To be completed and returned with tender in Envelope 1. F36 RFP 12-01,Curbside Waste Management Collection Services Pricing Submission ITEM PRICE PER TOTAL COST NO. DESCRIPTION STOPS PER WEEK STOP PER PER YEAR (a x (a) YEAR(b) b) Part A-Curbside Collection of Recyclables A.1 Municipality of Bayham 2753 stops per week $ $ 5,500 stops per A.2 Municipality of Central Elgin week $ $ A.3 Township of Malahide 2904 stops per week $ $ All three municipalities (Bayham, 11,160 stops per A.4 Central Elgin, Malahide) week $ $ Part B- Curbside Collection of Garbage B.1 Municipality of Bayham 2753 stops per week $ $ 5,500 stops per B.2 Municipality of Central Elgin week $ $ B.3 Township of Malahide 2904 stops per week $ $ All three municipalities (Bayham, 11,160 stops per B.4 Central Elgin, Malahide) week $ $ Part C- Curbside Collection of Leaf and Yard Waste(weekly.4x s ring,4x fall C.1 Municipality of Bayham 1219 stops per week $ $ C.2 Municipality of Central Elgin 3300 stops per week $ $ C.3 Township of Malahide 573 stops per week $ $ All three municipalities(Bayham, C.4 Central Elgin, Malahide) 5092 stops per week $ $ I1V� NO. DESCRIPTION SIN CAPACITY PRICE PER LIFT INCLUDING DJ SP.q$AI. Part D-Bulk Bin Collection D.1 Municipality of Bayham 20 yard bins $ 6 yard bins $ D.2 Municipality of Central Elgin 20 yard bins $ 6 yard bins $ D_3 Township of Malahide 4 yard bins $ 6 and bins $ All three municipalities(Bayham, DA Central Elgin, Malahide) 4 yard bins $ 6 yard bins $ 20 yard bins $ All prices are inclusive of all taxes and fees. To be completed and returned with tender in Envelope 2. 87 RFP 12-01,Curbside waste Management Collection Services Appendix F Acceptable Recyclable Materials The initial list of materials that will be received and processed at the MRF shall include the following: MATERIAL DEFINITION IF ANY Mixed Paper Fibres Newsprint Including all newspaper flyers, magazines and telephone directories Mixed Household Paper Including envelopes and writing paper Cardboard Including pizza and other corrugated cardboard boxes Boxboard Including moulded pulp and excluding waxed paperboard Mixed Containers Aluminium Liquid, food or beverage containers Aluminium Foil Items made from aluminum foil including pie plates #1 PET (Polyethylene Terephthalate) Rigid household liquid, food or beverage containers #2 HDPE (High Density Polyethylene) Rigid household liquid, food or beverage containers #3 PVC (Vinyl) Rigid household liquid, food or beverage containers #4 LDPE (Low Density Polyethylene) Rigid household liquid, food or beverage containers #5 PP (Polypropylene) Rigid household liquid, food or beverage containers #6 PS (Polystyrene) Rigid household liquid, food or beverage containers excluding expanded polystyrene (e.g., foam cups and meat trays) #7 Other Plastics Rigid liquid, food or beverage containers Glass Liquid, food or beverage containers (clear, green and amber) Polycoated Paperboard Containers Containers made primarily of paperboard and coated with low density polyethylene and/or aluminum, and used for food and beverages. Includes gable top (e.g. milk and juice containers) and drinking boxes. Spiral Wound (Cardboard) Cans Composite (cardboard) can with a single wrap rigid body involving several layers of materials (including paper, foil and plastics) with at least one steel end (e.g., frozen juice containers). Steel Liquid, food or beverage containers; empty paint cans; empty aerosol cans 88 RFP 12-01,Curbside Waste Management Collection Services Appendix G Manning Drive Material Recovery Facilty (MRF) Hours of Operation The London Material Recovery Facility, for the acceptance of"Acceptable Recyclabies" is open year round to accept materials Monday to Friday from 8:00 a.m. to 7:00 p.m. except for days which are recognized as a legal holiday which are: 1. New Year's Day 2. Family Day 3. Good Friday 4. Easter Monday 6. Victoria Day 6. Canada Day 7, Ontario Civic Holiday 8. Labour Day 9. Thanksgiving Day 10. Christmas Day 11. Boxing The facility will be open such additional hours and/or days (i.e., Saturdays) as may be required to accommodate closures on holidays. 89 RFP 12-01,Curbside Waste Management Collection Services Appendix H Procedure for Off Loading Recyclables at Manning Drive Material Recovery Facility The following is the City of London's off-loading procedure for the Material Recovery Facility (MRF). The Successful Proponent must follow the steps outlined below. This procedure may be modified from time to time, and the Municipality will ensure the Proponent is notified well in advance of any changes. 1. Staff must exercise caution while onsite at the MRF. Safety precautions include but are not limited to: a) Recycling Collection Vehicle operators are responsible for the safe operation of the Recycling Collection Vehicles at all times. b) All staff shall work in a safe manner at all times and shall ensure the safety of others when at the MRF. c) All staff shall use caution around other working machinery inside the MRF including, but not limited to front end loaders, skid-steers and forklifts. d) Personal protective equipment including but not limited to safety vests, and CSA approved safety footwear must be worn at all times while onsite at the MRF. e) A speed limit of 10 km/h is to be followed while driving vehicles anywhere within the MRF boundaries_ 2. Recycling Collection Vehicle operators are required to weigh their vehicles at the weigh-scale before proceeding to off load their recyclable materials. The Recycling Collection Vehicle operator will provide to the weigh-scale attendant the collection zone where the recyclable materials were collected as well as their route and truck number. The Recycling Collection Vehicle can proceed to the MRF receiving area(s) after the vehicle weight is recorded by the weigh-scale attendant. 3. The City of London operates a two-stream recycling collection system, the Recycling Collection Vehicle operator will be required to first off load containers materials in the container receiving area, and then proceed to off load the fibers materials in the fiber receiving area. 4. Vehicles are required to reverse into the MRF receiving area(s). Recycling Collection Vehicles are required to form a queue outside the receiving area(s) while awaiting direction from the MRF Processing Contractor to allow the Recycling Collection Vehicle to off load the materials in the MRF receiving area(s). 5. The Recycling Collection Vehicle operator shall unlock the tailgate while in the queue in front of the entrance to the MRF receiving area(s). 6. The Recycling Collection Vehicle operator shall slowly reverse their vehicle inside the MRF receiving area(s) upon direction by the MRF Processing Contractor. Recycling Collection Vehicles should not exceed more than 5 km/hr while reversing in the receiving area(s). 7 The Recycling Collection Vehicle operator shall honk the vehicle's horn when reversing into the MRF receiving area(s) as a warning to MRF equipment operators and other staff in the vicinity if the vehicle's backup alarm is not functioning. 9f} RFP 12-01,Curbside Waste Management Collection Services B. For Recycling Collection Vehicles which do not have horizontal ejection, the Recycling Collection Vehicle operator shall make a visible inspection overhead inside the MRF to ensure there is adequate clearance prior to raising the box of the Recycling Collection Vehicle. The Recycling Collection Vehicle operator shall ensure there is no overhead obstruction in the vicinity of the raised box. If the overhead clearance is insufficient, the Recycling Vehicle Operator shall lower the vehicle's box before emptying the load. After the Recycling Collection Vehicle is off loaded, the vehicle's box should be completely lowered before the Recycling Collection Vehicle exits the receiving area(s). 9. For Recycling Collection Vehicles with horizontal ejection, the Collection Vehicle shall enter into the MRF receiving area(s) and off load the recyclable materials. The Recycling Collection Vehicle operator shall ensure that all materials are off loaded and the Recycling Collection Vehicle's tailgate is closed prior to exiting the MRF receiving area(s). 10. The Recycling Collection Vehicle operator shall inspect the dumped load and remove any visible non-recyclable material larger than 2 litres. 11. If the driver is inspecting or entering the back of the vehicle with the tailgate (commonly referred to as the rear bubble) opened and elevated, the safety arm/pin must be engaged prior to inspection or entry. 12. The Recycling Collection Vehicle operator shall lock the tailgate after exiting the MRF receiving area(s). 13_ Recycling Collection Vehicle operators shall not empty Recycling Collection Vehicle sump buckets inside the MRF receiving area(s) or while onsite anywhere at the MRF. 14. Recycling Collection Vehicle operators shall not clean the recycling collection vehicle inside the MRF receiving area(s) or while onsite anywhere at the MRF. 15, All Recycling Collection Vehicles must weigh out at the weigh-scale house before leaving the MRF 91 RFP 12-01,Curbside Waste Management Collection Services Appendix City of Toronto's Greenlane Landfill Site Hours of Operation The Landfill Site, for the acceptance of"Garbage" is open year round to accept materials Monday to Friday from 6:00 a.m. to 5:00 p.m. except for days which are recognized as a legal holiday which are: 1. New Year's Day 2. Family Day 3. Good Friday 4. Easter Monday 5_ Victoria Day 6. Canada Day 7. Ontario Civic Holiday 8. Labour Day 9. Thanksgiving Day 10. Remembrance Day 11. Christmas Day 12. Boxing The facility will be open such additional hours and/or days (i.e., Saturdays) as may be required to accommodate closures on holidays. 9? RFP 12-01,Curbside Waste Management Collection Services Appendix J Municipal Waste Resource Materials Collection Bylaws The Corpoiratiim of the Wunkipalrty of CentrrdEry n BY-LAVA NO. 964 Being a by-law for the,provision of Waste Collection and Mandatory Recycling in the Municipal€ty of Central Elgin. NOW THEREFORE she Council of the Corporation of the Municipality of Central Elgin hereby enacts asfoVows: Article! CITATION 1.1 This By-law may ae ci'ad as'he'Waste Collection and Mandatory Recycling By- law". Article 2 !NTBRPRETATION 2A By-law Enforcement Officer-defined "By-law Enforcement Office' means a person who may from time to time be appointed by the Council of the Corporation as a By-law Enforownent Officer. 2.2 Director-defined 'Director` means the person who may from time to time be appointed by the Council of the Corporation to tho position of Director of Physical Services. 2.3 Blue Box-defined 'blue box'means the container or other device supplied by the Municipality for the collection of recyclable waste. 2.4 Central Elgin Garbage Tag-deflned 'Central Elgin Garbage Tag" means the self-adhesive tag provided by the Municipality to be afix^d to non-recyclable garbage set out for collection. 2.5 Construction Debris-defined .construction debris' means discarded material resulting from the erection. repair. demolition or improvement of buildings, structures or property (including land). 2.6 Container-defined "container"means, 2.6.1 a galvanized metal or plastic container with a maxJmum capacity of approximately 0.8 cubic metre(2,75 cubic feat)toeing larger ai the top than at the bottom and having a hand;e and fitted lid,such containers shall weigh no more than 18 kilograms (40 pounds) and must be kept in good repair and a sanitary condition;or 2.6.2 a polyethylene piastic bag with a maximum capacity of approximately 0.8 cubic metre (2.75 cLbb feet) of 1.4 gauge thickness fastened at the top and weighing no more th2n18 kilograms(40 pounds);or 2.6.3 any other receptacle as approved by the Municipality. 2.7 Farming Business—defined "farming business" means a farming business within the meaning of the Farm Registration acid Farm Organizations Funding Act, f993 that is located within the geographic limits of the Municipality of Central Elgin. hazardous Materials-defined "hazardous materials`includes,but not be limited to,the following: 93 RFP 12-01,Curbside Waste Management Collection Services Appendix J Municipal Waste Resource Materials collection Bylaws 2 Anti'reeze iVotor Oil Auto 6at'terics Nail Pcl]sh Oegreasere Dven Cleaner l'ffslnfe=tan:s Paints Drain Cleaner Pesticides Dryujl]fiattFriQs Pharrnacautical f=ea Powcer Proosre Tanks F oor W,ax Seplic Truk C la_-ners Hertw.iNFc Solvents r,Aetol Polish Wood P-eservati,rrs 2.8 ]Major Appliances—large Household Fumishings—defined `major aopfiarces and large liuusehold funlshirgs" means all large or buky 11OUseholc mec}iarisms and/or o-har ari:.es Lcually Lsed within a resdence ai:l for residentiol Purposes, inolucing but not necessarily limited tr re`.rigerato-s, stoves,mashers,dyers,audits,snfm,tables. beds,and carpeting. 2.9 Municipality-defined Wuniapafiiy"means The Corpora:lon of the Mi.niz;ipalily of Contra]Elgin. 2.1it Non-collectable Waste—defined 'non-collectable WastJ"means the following: (a) manufactured or i 7 iz,=t,al vras:e; (h) any explosive hazardous or higt^ly combustible material o' any raiuie wFatsccver,]ncuding ashes: CO ca-istruction dph'"c; (d) sawdust ancVor shavings; (e) liqu d waste: (f1 hay,straw and manu-e; (g) carcass of any an`riaf; (h) rrajor app'ia~ices anclor large household turnrshirge: (I" any matena' which has become frozer to tie container arrd cannot he removed by shaking; Q; disrarced tires: (k) any appliance tha::arrtains or opera.es cn Frecn grs_ and n: Hazarc1Cf45 KlRl.erlais. 2.11 Non-recyclable Garbage-defined "ion-reryclanile garbage" means all garbage and ether refuse except non- coilectnble waste and recyclable waste. 2.12 Place of buslriess-defined "place cf business' means a property assessed for cnmmercfa or industrial property ta)ies an the Assessment Ro f. 2.13 Recyclable Waste-defined ..reayclahle waste" means such tams as the Girec:or identHes fircm time to;i-ne as being saitahle for coliectio-i fer recycling puipuses. 2.14 Residential Unit-defined "rosidential unit" means one or mute habitable rooms assessed -or rasideltial property taxes can the Assessment RDII and occupied or designed to be occupied by one x glare persons as an incependeiit and separate housekeeping establishment in wAch sp-crate kitchei and sanitary tacilifies are provided for the use of surf' oersons or persons. 2.15 Waste—defined "nlaste"rreans ncn•recyclable garbage and recyclaEle waste. Article 3 GENERAL PROVISIONS 94 RFP 12-01,Curbside Waste Management Collection Services Appendix J Municipal Waste Resource Materials Collection Bylaws -3- 3.1 Application—all owners—occupants The provisions of the By-law apply to the owners and occupants of all residential; commercial and institutical lands uses within the Municipality. 3.2 Holiday Pickup—direction of Director The Municipality,L nderthe direction of the Director,shall,I a holiday or holidays occur in any weer,of regular collection,reserve the right to collect non-recyclable garbage and recyz;abie waste at the Municipality's convenience. 3.3 Collection—separation of waste-required Nan-recyclable garbage shay not be collected from any place within the Municipality unless the recyclable waste components have been separated from the non-recyclable garbage an-3 sei out for collection in accordance with the provisions of this By-lay_. 3.4 Enforcement—By-law Enforcement Officer-representative It shall be the duty of the Bly-law Enforcement Officer to enforce the provisions of this By-law. Article 4 COLLECTION OF WASTE 4,1 Weekly pickup—as published—non-recyclables Collection of non-recyclable garbage will be made weekly on the day or days of the week designated by the Oirector. 4.2 Weekly pickup—as published—recyciables Collection of rec'clab!e waste will be made weekly on the day or days of the week designated by the Director. 4.3 Waste separate—recyclablas—other—*at out All recyclable waste shall be separate from non-recyclabie garbage and placed in or beside the blue box in accordance with the procedures established by the Director. 4.4 Collections—non-collectable waste—prohibited The Municipality shall not collect non-collectable waste as defined in this By-law from any residential unit or place of business within the Municipality. 4.5 Garbage—placed in proper container The Municipality shall not collect any non-recyclable garbage from any residential unit or place of business within the Municipality unless such garbage is placed in a container meeting the requi ements of this By-law. 4.6 Collection—waste generated in Municipality—only No person ether than a resident of the Municipality or a person who operates a place of business or a farming business within the Municipality, or their agents, shall set out waste for collection. Waste set out for collection shall not Include waste from residential ur'ts, places of business or farming businesses not within the Municipality. 4-7 Waste—sst out--from property generated No person shall set out waste for collection except at the residential unit or the place of business at which the waste is generated, unless mutually agreed to between abutting property owners. 4.8 Non-recyclable garbage-collection Non-recyclable garbage over and above the quantity specified in Section 52 may be removed and disposed of,at the discretion of the Director,at a charge based on time and material,payable In advance. 4.0 Container—location—type—multiple residential The location and type of container for collection of non-recyclable and recyclable waste for apartment buildings, row houses and multiple unit houses will be subject to the approval of the Director or his/her appointee. 95 RFP 12-01,Curbside Waste Management Collection Services Appendix J Municipal Waste Resource Materials collection Bylaws -4- 4.1 D Garbage storage structures-requirements All special structures or bulidings prov dad far the steragge of containers and blue boxes shell at all tirr.ea to maintained it a clean and Sari any --arditior preveutrry an ry try rodent., and Insects, arc ccnstr icted for easy access by Vic Municroalrty Article 5 COLLECTION-PROCEDURE 5.1 Recyclable—waste-placement Vl..rer3 non-recyclable garbage and recyclable waste is set cut for collection or the sarrie day, containers of non-recyclable garbage sill ere Aac rl-ordether but set apart from the -er;ynlahlP waste. Recyclable waste may too set opt with the blue box. 5.2 Wasto—set out for coilectlon All waste that is set oul, fui -L rJkrtinn by the Minicipallty, shall be p'acod at the rurb or or the boulevard of a p-jUic street in front of or adla:art to the residential unit on the side of tl-e public street designated by tha nirelor. A I waste set out for r.ollertion shall have affixed, a :ventral l]gln Gcrbego Tag, as required by Section 6 dT.is by-law. 5.3 Recyclable waste ne limit There is no !unit on 'he q.rant ty J racyciahle waste which may be set out for co:lacticn at one tuns except`rcrh a pace of business where the an punt of a ry type or types of recyclable waste to be :.allected may be ll rifted by the k/lunicipality f-om time>o tir he. 5.4 Deadline for deposit at curb Waste se, out for =llectlon shall be placed a: or near the apalicabla cr-rc- or boul8vard he€bre 7:00 a.m. of the cay on which collection of that waste is scheduled, providad that at all t'mEs, such waste shall tint be set out fcr collection pr or -n sundown of the prevlous day. 6.6 Waste not separated—collection may be refused Any waste,which is set out for collection and whioh has not been separated in If) recyclable and non-rec1claible cateyaries, or which has not otherwise been prepared for collecdor according to tnc provisions o=this fay-°aw, may not be colleted by the contractor retainec cy the Vlurrickml ty to do so,the Diremor cr his designate having the sole discreton tc determine if such waste is not to be collected 5.6 Waste—not removed—owner responsibility Airy waste, which the Muni:ipality declines to co.lect, shall be removed oy the owrer or occupant of the residential unt or piece of business by or uiiwhose behalf:he waste was plack fir collection before the end of the ca.andar dare on which V e collection was scheduled. SU& Lncollected waste sf•all be disposed of privately o-may be prope-iy sepamt?d and prepared ir.accordance with 11-is By-law and set olrt again for collection on a^Iofner scheduled day. 5.7 Yard waste collection—special times-requirements By notice to the publ.c f-orrr time to time, the hAunidpality may designate days and iintes fcr the collection of leaves tree limbs and b-aen or supply tirres and locations of drop-offs. Brush and tree limbs small tie uorrrpacted and drat In bundles not more than 0.9 metre (3 feetl In I9'1gt-r or placed in or enclosed container. Leaves &all be paced fcr coilertion :n accordance with the procedures establishe:c: by the Director.In no instance shall a buhcile or contc.incr weigh mere than 18 Kilograms(4C ocundsl. 5.8 Household h22ardous waste days-designated The Municipahly may designate household ha/-ardnus waste days and locations, apprnved by the ivllhistry of Environment, to acccpt household hazardous materials. 96 RFP 12-01,Curbside Waste Management Collection Services Appendix J Municipal Waste Resource Materials collection Bylaws -5- 5.9 Major appliances—r-oiiection-designated By notice to the a-.rb'.ic ;rem time to lirre, the Municipally may des"gnatee days and times€or the collection of major eppMrces and targe household fur-risi-ings as dafrnad by this By-law anther other ror--ecyclab.e gar bage. sm Freon removal—owner retiFonslbtllty Any appliariue containing a­_);.orating or F-eon gas will no,be collected at any time unless prnrif ran he pray.ced to the klunicipalitV that the Froon hag beer ramoved by a licansad contractcr 5.11 Salvage—interference with garbage No person sho..1 pick ove-, interfere with disturb, rerrove or scatter any ccrta.ners o wasee which have been set cut for collection, provided that, by r fA cc to`he Pubfic from fink is :irre,t-ia AAunicipa;ity may des gnato certain days for thA satv2ging of major appliances, crgc rousehold furnishings and/or airy cther dams that may be specified by the Vvnicipality. Article 6 REQUIREMENTS FOR CENTRAL ELGIN GARBAGE TAGS 6.1 Use of Garbage Tag (al No person shay se-out for collection any plastic bag, a;referred to within the definition of "oontainb` pursuant to this Ry-taw, of non-recyclable garbage unless: (1) it has a'Central Elgin Garbage Tag"affnccd tc its exferior:and (ri) the 'Centra; Elg r Garbage Tag' is affixed it such a `ashlon as to be Dearly visible tc;he contractor. ,b) No punier shag Set oi.t for ccilectron a container cf non-ecyclable garbage, s2vp arri except <v°th a plastic oag as roforred to ir: Section CA(a) 2oove,unless: ii) it has a "Central Ciq�n Garbage T4;i" afxec to the top 1-em aside the receptacle:arm (1i) the "C;Antral 1=1gin Garbage Tag" s cffixcd in s.rch a fashion as to be !early visibls to the contram or upon removal of the receptacle's lid. 6.2 Fees The fee for a Tent-al E,gin Garbage Taff"shall be as set out,r Schedule"A"of this by-law. Tie payment -f st:di fee shall be tirade to the Municipality or its aulhortzed agents. 6.3 Collection of Untagged Non-Recyclable Garbage (a) Any non-recyclable garbage na;exhibiting a"Central Elgin Garbage T ag" as reflected in Section E.1 above shall not be collected by the contractor retained Ly :tie Municipality to da so. Any such non-recyclablo garbage set cut fcr collection but not nveting the requi•cmar;ts of Secton 6.1 above may orYerwise be collected by the Municipality. ne person who directly cr by means of an agent Set out such non-recyclable g2roagP far collection without meeting the requirements of Sexton 6 1 above shall be gable for the total expenses iacwred by the Municipality for removal of such norr-rzacyctable garbage at a rate set by the Municipality and as revised from time to tune plus any applicaale iriterest or oenattes. Payment of s.ien expenses shall be made ntitltin tn•rty days afte-race pl of an invoice indicating the total expenses incurred by the Municipality. 97 RFP 12-01,Curbside Waste Management Collection Services Appendix J Municipal Waste Resource Materials collection Bylaws -6- (b) Ir the avert that:he persor, ,fable to the rhu'iicipallity=or the total e't;;Fdrrse of collect'on of ,unh narr�e�yclable garbage awns t2n3E ►ithrr the Munrcrpalit f, any unpaid invoices rendered for the removal of such nwi- recyciable garbagzt stall ba adder.to the tax ring fo-the lands owned by such parson within t7a Municipality and thereafter ccliected in like rnanrie,,- as m:.nicipal taxes. (c) In the case of a condom n4xri ❑rpr:rat!an, the condom'nium c-orocraton sha I remain irable to the Municipality for any costs ncuTW L•y the Municipality at a rate set by the 0.4unicipality as revised From.time to time in collecting ;zcn-recyclable garbage without the appropriate 'Central Egin Garbage-ag' ?cm nr adjoining the premises of 3he condominium corpora ion regarcless of whether suer untagged nor:-r=yrctai:ie UaT:rdge can be attributed to the coniLininiiirr corporatlon,an comer or tararr.of a condominium unit- or any etncr Kerson. All imioices steal be payable within 3C cays aie.;exip invoices that remain unpaic for s rch non- recyclable garbage sha 1 oe added to the tax roll of ff-e vxv-1owirdurn corporation and to rnl t-di-i in like manner as municipal taxes. (d) In the case of-nuld-raEsidmi-tial, insttutonaf or core m-dai prop�it'cs{tc owner of such proparty&all remain I able to tt•e Nkwic pa.i y fra any Cass inour.ed ty the Muiiic;pall-y at a rate set oy the Nlwucipality as revised f-om time :o ti-ie :r col ecting nor-recyclable garbage wilhiv:t the appropriate ":ventral Elg;ii Gait:age Tag" from or sdjoirnng the preriacs of such property rrgardloss of yr iether such unWgs l non-reeve able garbage car ;e al rih.ited to such multi-rssiden-.0, +nsti utlonal or comrnarcial oropw:y, cn owner, tenant of su& properly o- any other person All ',r•vairpm chap be payable wrhin. 30 darn after receipt Invoices that remain urpaic fcr such ncn-recyclaUe garbage shad be added to the Lax -oll -if such property and expected it fkc man-rer as rn:ir.idpa!-axes. Article 7 ENFORCEMENT 7.1 Fine-for contravention Every person wtic contravenes any of Via provisions of this By-law is guilty of an offence and shall upon corniictior thereof is lab to a Hire as provided in the irovin:;ia!.Offerices Au;- Ardele 8 SEVERASILIIY 8.1 Validity If any provision of this 3y-law is declared invalid for any reason by a Coat of cosnprtent jurisdict'on. It is i1te.1ced tat such a provision shailt be severed frori the icy-law and tnat the remainder cf the By-law shall rnntinUS in full force and effect Article 9 REPEAL 9.1 Repeal of fay-low Any by loin irconaistent rr_ith this By-law is hwphy rep--lec. Article 10 ENACTMENT 10.1 Effective date Th's lay-iaw shall came into Lull torte and take effect,cn May 7�:',2007- 98 RFP 12-01,Curbside Waste Management Collection Services Appendix J Municipal Waste Resource Materials Collection Bylaws -7. READ A FIRST,SECOND AND—HIRD TIME AND FINALLY PASSED THIS 23"DAY OF APRIL,2007. Schodula "N' 1, The Muntdpaftv shall r.mvidp: a) teach Res'dlen�:Ial Unit with 104"Ce-itral B&T Gr-d-oge Tags'each year at -1r) chlrgn 7n the o.xPer- Tags wall only be\021;d in the year fer v*ich 111-cy WOTe SSU@d L) `_72ch Ph;cf;if SUS.rleSS with 26J'(;en11r2l Elgin Garbage—agd,ouch yea- at no charge tc the owncr. TO.,43'Will only be vallic in the year for winch -hey were issued. c) "_ach Farming Buoines3 with 62 Tenlral Elgin (3amaGe Tags-each vf-R- at no charge to Lie F&rving Rusness upon the Farming Busiress oroviding the blunicipality w-th a vaid Finrnng 9usines-, Registration Number. RFP 12-01.,Curbside Waste Management Collection Services Appendix J Municipal Waste Resource Materials Collection Bylaws The Corporation of the Ulunicipalitty of Central Elgin BYLAW 1177 Being a By-law to Amend'Nun°cipality of Central Elgin By-law 964 NOW THEREFORE THE COUNCIL OFF THE CORPORATION OF THE MUNICIPALIT, OF CENTRAL ELGIN ENACTS AS FOLLOWS: THAT Schedulc-A"to lay-law 964 is hereb_repealed and the a.ached Sc ads:;:"A-to this By-law is substituted thereto. �i READ A F;RST,a SE,;OND-end a THIRD TIVE a d FINnLLY PASSED this 26th,day of Sentemter?009 it f > .� CC4aidN. 'Leitch, lark 1-om%arks.Acting Mayer SCHEDULE"A" 1. Effective January 1=. 2010,the Municipality shall provide: a) Each Residential unit with 100"Central Elgin Garbage Tags"for the year 2010 at no charge to the owner. Tags will only be valid in the year for which they were issued_ Additional tags maybe purchased from the municipality at a cost of$1.50 per tag. b) Each Place of Business with 247"Central Elgin Garbage Tags"for the year 2010 at ne charge to the owner. Tags will only be valid in the year for which they were issued_ Additional tags may be purchased from the municipality at a cost of$1.50 per tag. c) Eacn Paining Business with 49"Central Elgin Garbage Tags"for the year at 2010 at no charge to the Farming Business upon the Farming Busiress providing the Municipality with a valid Farming Business Registration Number. Additional tags may be purchased from the municipality at a cost of$1.50 per tag. 2. Effective Januar V%2,j11.the Municipality shall provide: a) Each Resided al Unit with 94'Central Elgin Garbage Tags"for the year 2011 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$1.50 per tag. b) Each Place of Business with 234'Central Elgin Garbage Tags"for the year 2011 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of 51.50 per tag. c) Each Farming Business with 47"Central Elgin Garbage Tags"for the year 2011 at no charge to the Farming Business upon the Farming Business providing the Municipality with a valid Farming Business Registration Number. Additional tags may be purchased from the municipality at a cast of$1.50 per tag. 3. Effective January 1",2010,a disposal fee of$20.00 per load will be imposed during the Spring Cleanup Day. 100 RFP 12-01, Curbside Waste Management Collection Services Appendix K Anti-Idling Policy OBJECTIVES: 1) To reduce the costs of fuel used by the unnecessary idling of municipally owned vehicles. 2) To reduce maintenance costs on municipal vehicles caused from wear of moving parts which results in unnecessary idling. 3) To reduce the municipality's carbon footprint and environmental impacts which result from greenhouse gas emissions_ IDENTIFICATION: The municipality is responsible for the provision of a wide range of services across a large geographical area. As a result, the municipality's fleet includes equipment which includes but is not limited to passenger vehicles, heavy equipment, light duty equipment and dump trucks. All of this equipment utilizes costly fossil fuels for its operation. An idling vehicle emits nearly 20 times more air pollution than when traveling at 50km/hr. • Vehicle emissions are a contributing factor in climate change. By reducing unnecessary idling to just one minute, we are helping to improve the quality of the air in Toronto. • Turning off and starting an engine uses less fuel than letting the engine run for 30 seconds. • Idling increases you maintenance costs. Engine wear is greater at prolonged idle than during normal operation. When an engine idles, the engine oil becomes dirty more quickly than when a car is moving. • The Ontario Ministry of Transportation estimates that an idling gasoline vehicle with an average sized engine uses about 2.2 litres of fuel per hour; an idling diesel truck engine uses about three litres of fuel per hour. ACTIONS: To meet the objectives of the policy, the following actions will be undertaken. 1. When purchasing, equipment, staff will endeavour to ensure that equipment purchased has a factory installed fuel management system which will automatically shut down the equipment after a prolonged period of time idling. 2. When a light duty or medium duty vehicle is parked for more than 60 seconds the vehicle shall be turned off. 3. When a tandem truck is parked as part of a construction process for more than 5 minutes the vehicle will be turned off. 4. When installing aftermarket equipment such as construction strobe lights etc., on municipal vehicles care will be taken to utilize power efficient equipment such as LEDs and ensure that the power supply for the equipment will be available to the aftermarket equipment without the vehicle running. EXCEPTIONS: There will be operations that will require the items noted above to not apply. Exceptions to the policy shall include: 1. When a piece of equipment has equipment installed on it that requires the vehicle to run to power it. Examples include a power takeoff driven hydraulic pump, power inverter for the supply of AC power. 2. In the event that the vehicle provides shelter for municipal employees during inclement weather. There are times that employees may be performing work and need to get out of the elements and seek shelter. 101 RFP 12-01,Curbside Waste Management Collection Services Appendix L Municipality's Code of Conduct for Employees Purpose: To provide guidance and direction on the general standards which are expected to govern your conduct as an employee of the Township of Malahide, and the methods of enforcement and penalties for a breach of this Code. Policy: Responsibility and Authority The Township expects employees, as a part of their responsibility as an employee, to become familiar with the provisions of this Code of Conduct. Employees are responsible for complying with this policy during working hours and at work-related functions that take place after hours. An employee's Supervisor will ensure that the employee receives adequate and appropriate information in relation to the provisions of this Code of Conduct and receive a copy of the Code of Conduct and any schedules or amendments. For employees to understand the standards in this Code, it is necessary that they read this document as a whole, rather than rely on individual sections of the Code in isolation. This Code of Conduct is authorized by the general powers of the Township to adopt By-laws for appointing employees and prescribing employee duties, in order for employees to carry out the policies of Council and in providing Municipal services. Your Obligations The Township expects employees to: - uphold the laws, by-laws and policies of the Township of Malahide, of Ontario and of Canada, and shall take reasonable steps to avoid their breach, evasion or subversion; ensure that their conduct, whether in a personal or official capacity, reflects and supports public confidence in the Township; and ensure that the employee's official powers or position are used properly in the public interest, and that personal interest is secondary to public duty. Report to the Township any Criminal Code charges and convictions that an employee receives together with any violation which will have an impact on their job qualifications and credentials. Exceptions In unique circumstances, an employee may feel that the public interest is not best served by complying with a policy because it conflicts with another law or policy, or its impact would be contrary to the public interest. 102 RFP 12-01,Curbside Waste Management Collection Services In such cases, employees are expected to: continue to carry out or support their duty unless doing so would constitute a substantial risk to the Township or its ratepayers; discuss the issue with their supervisor in order to clarify the direction; and discuss the issue with the Chief Administrative Officer/Clerk if the matter is not clarified by their supervisor. Conflicts of Interest Employees fulfill their public duty and earn the trust placed in them by the community when they: base their decisions and conduct on what is good for the community base their decisions against what is good for any other person or group, including yourself; ensure that the potential for their being in a position of conflict is minimized; and - ensure that the potential for conflict is resolved as quickly as possible, and in favour of the public interest. Interests take two forms: "pecuniary interest", which involves financial matters; and - "non-pecuniary interest" which includes other forms of advantage, that put your personal positions in conflict with your professional judgment. If employees have a pecuniary or non-pecuniary interest in a matter under consideration by the Municipal Council, its Committees, or another officer or employee of the Township, employees are required to disclose the existence and the nature of the pecuniary interest in writing to the Chief Administrative Officer/Clerk. The Chief Administrative Officer/Clerk may disqualify an employee from participating in any deliberations on the matter, and direct the employee not to discuss the matter with another Municipa': employee, interested part or member of the public in order to minimize the potential for a conflict of interest for the employee and the Township. Improper Use of Influence Employees shall not use their influence as an employee of the Township in order to obtain advantage or to affect an outcome or a decision that will benefit the employee, their family members or another person or group. Employees are also to refuse any attempt by any person to influence the making of a decision, unless their involvement is consistent or required with the provision of the By-law or policy. Acceptance of Gifts or Benefits Employees shall not improperly use their influence as an employee of the Township to solicit or accept for personal benefit or for the benefit of a family member, any form of benefit whatsoever(for example: gifts, loans, discounts or other considerations) in connection with the performance of their duties. A "benefit"for the purpose of this Code of Conduct does not include any gift or benefit that may be provided to an employee: as a part of their remuneration within the terms and conditions of their employment; or 103 RFP 12-01, Curbside Waste Management Collection Services - by other employees or members of Council on their resignation, retirement, special recognition or on similar occasions. Employees may accept, in an official capacity, any gift, hospitality, entertainment or benefits of nominal value provided that they are satisfied in each instance that: the acceptance of the gift or benefit will not bring the employee's integrity into question or place the employee in a position where they are under an obligation to favour an individual or firm; the gift or benefit offered is a matter of protocol or social obligation that normally accompany the employee's responsibilities; the gift or benefit could not be reasonably construed as being given in anticipation or recognition of special consideration by the Corporation. Use of Municipal Discretion and Authority As a municipal employee, employees are expected to treat members of the public and other employees honestly and fairly, respecting their rights, duties and obligations, and to act responsibility in the performance of their official duties. When employees exercise a discretionary power in an official capacity, employees: - shall only use the power which has been given to them as it was intended; shall be objective and impartial, and consider all relevant facts and matters; shall be fair and equitable to persons under similar circumstances and give adequate consideration where circumstances differ; shall make a decision within a reasonable time frame having regard to the matter under consideration and any relevant policy or law; and shall confirm a decision in writing when asked by a party to the decision. Nepotism Employees shall not use their influence in order to obtain any other advantage within the Township on behalf of a family member, or to affect the proper outcome of any procedure established by Municipal policy. Political Activity The Township recognizes the right of all its employees to participate in political, party-political and trade union or professional association activity, and acknowledges that such activity can be perceived as conflicts of interest. As an employee, you are governed by provincial legislation if an employee wants to seek election to a position on the Malahide Municipal Council. If an employee wants to seek election to the Ontario Legislature or the Parliament of Canada, they are entitled to a leave of absence without pay from the nomination date until such time as it is clear that they become either a successful or unsuccessful candidate. Concurrent Employment Concurrent employment or self-employment while employed by the Township (full-time, part-time, casual or on a contract basis) can be seen as a perceived conflict of interest, if the employee's specific skills, knowledge or contracts as a Municipal employee are valued by another person, business or organization. 104 RFP 12-01,Curbside Waste Management Collection Services Employees require the approval of Chief Administrative Officer/Clerk to engage in concurrent employment or self-employment in a profession related to the position they hold with the Township of Malahide. Employees will not require the approval of the Township if: - they are solely a director of a company where the company has no contractual or other business relationship with the Township; their concurrent employment does not involve the specific skills, knowledge or contacts employees possess as a Municipal employee; or - the work is unpaid voluntary work of a charitable or non-profit nature. To be considered for approval, the Chief Administrative Officer/Clerk will balance the interests of the Township with employees' private interests, and will not approve their concurrent employment if: it places the employee in a conflict with their official duties; it affects the employee's ability or the ability of other employees of the Township to perform their duties and functions; and it occurs during scheduled working hours with the Township. To be approved, employees must submit a statement which includes: details of the proposed employment or self-employment and the proposed hours and times of employment; a statement whether the proposed employment impacts on an employee's ability to work shifts, overtime, or on-call, including their availability in case an emergency is declared; a statement of the contracts, if any, with other Municipal employees occurring as a result of the concurrent employment; and a statement whether any confidential or otherwise protected information, or property of the Township may be impacted by the concurrent employment. Use of Municipal Property All municipal property, including equipment, tools vehicles, monies, computer hardware and program licenses, electronic and paper files, technological innovations, intellectual property or any other item developed by or through the Township or any of its employees is, and shall remain the property of the Township. Employees must request in writing and receive written permission of their supervisor or the Chief Administrative Officer to use Municipal property for activities not associated with the performance of their duties as a Municipal employee. Personal Conduct Employees are expected to: whether during working hours or on personal time, conduct yourself in a friendly, courteous and professional manner with all co-workers and the ratepayers; report to their Supervisor any criminal charges sustained by the employee - report to their Supervisor any impacts to the validity of their required qualification in accordance with their position job description. maintain the highest ethical standards and refrain from gossip; contribute to the efforts of the team and offer their assistance wherever required, whether or not such assistance falls within the normal duties of their job; co-operate freely; do their part to ensure the smooth operation of the Township; 105 RFP 12-01,Curbside Waste Management Collection Services - consider whether they can do something themselves before asking for help; be honest, trustworthy, reliable and dependable in fulfilling all of their duties; take direction from and work co-operatively with their Director or Supervisor; and support the creation of a respectful and harmonious working environment and not participate or condone the use of inappropriate language, including but not limited to swearing, excessive sarcasm, name calling, mocking, or the use of vulgar, obscene, insulting, threatening or abusive language. Enforcement Complaints regarding contravention of this Employee Code of Conduct must be in writing and may be made by any person, including employees and members of Council. Complaints must be filed with the Chief Administrative Officer/Clerk. The Chief Administrative Officer/Clerk shall have responsibility for enforcing this Employee Code of Conduct. The Chief Administrative Officer/Clerk shall have the power to investigate any complaints and to proceed with any action which is deemed appropriate, subject to any collective agreement provisions if necessary. The Chief Administrative Officer/Clerk or Council has the ability to request limited disclosure of financial information in the event that the following officials are subject to a complaint regarding a pecuniary interest: Chief Administrative Officer/Clerk All Directors Deputy Treasurer/Tax Collector Deputy Clerk All employees involved in purchasing or awarding or approving of contracts; and All employees whose compensation exceeds $60,000.00 annually. Pe_ nalfv If an employee is found to contravene any section of the Employee Code of Conduct, they are liable to, based on the serious nature, frequency and severity of the contravention: verbal or written warning; suspension with or without pay; and/or Dismissal All employees have an ability to appeal a decision of the Chief Administrative Officer to the Municipal Council. 106 RFP 12-01,Curbside Waste Management Collection Services Appendix E Checklist of Requirements to be met for Proposal Specific Mandatory Requirements Checklist Check if Mandatory Procedural Forms: Completed Form of Proposal —Technical Submission (Sealed Envelope) Form of Proposal—Schedule of Prices (Sealed Envelope) A Copy of the Proponent's Commercial Vehicle Operator's Registration (CVOR) Abstract A Copy of the Proponent's Certificate of Approval of a Waste Management System (Waste Hauler's Certificate) Proof of Insurance Mandatory Financial Forms: Bid Deposit Agreement for either: Performaru:e Bond, Payment Bond, Performance Security and/or Letters of Credit 80 RFP i%-01, Management Collection Services 16.0 FORM OF PROPOSAL AT LEAST ONE SIGNED ORIGINAL OF THIS FORM OF PROPOSAL MUST BE INCLUDED IN YOUR SUBMISSION 16.1 Please state terms of payment (Note: Early payment discounts will be considered in the award of the contract, and will apply after taxes): 16.2 I/WE, the undersigned authorized signing officer of the Proponent, HEREBY DECLARE that no person, firm or corporation other than the one represented by the signature (or signatures) of proper officers as provided below, has any interest in this proposal_ 16.3 I/WE further declare that all statements, schedules and other information provided in this proposal are true, complete and accurate in all respects to the best knowledge and belief of the Proponent. 16.4 IiWE further declare that this proposal is made without connection, knowledge, comparison of figures or arrangement with any other company, firm or persons making a proposal and is in all respects fair and without collusion for fraud. 16.5 IIWE further declare that the undersigned is empowered by the Proponent to negotiate all matters with the Corporation representatives, relative to this proposal. 16.6 WE further declare that the agent listed below is hereby authorized by the Proponent to submit this proposal and is authorized to negotiate on behalf of the Proponent. 16.7 IME have allowed for Addenda numbered as follows: # through to #_ Failure to acknowledge all addenda will result in your proposal being rejected. COMPANY NAME.- ADDRESS: CITY/PROVINCE: POSTAL CODE/ZIP CODE AUTHORIZED SIGNATURE: TITLE IME are authorized to bind the COMPANY/CORPORATION NAME (Please print or type): TELEPHONE NUMBER FAX NUMBERS HST REGISTRATION # EMAIL ADDRESS DATE OF PROPOSAL _ NOTE: Please return page 56 completed with your Technical Submission and Financial Proposal on or before 2:00 pm, Local Time, Tuesday February 28, 2012. 81 RF' 12-01,Curbside Waste Management Collection Services A(YRF F,N1E+'NT TO BOND WE; the undersigned,HEREBY AGREE to become bound as Surety for in a bond totaling ONE HUNDRED PERCENT(100%) of the CONTRl;f_'") anyoant. ant confonni„I, icy the Instruments of Contract attached hereto, for the full and due performance of the works shown or deseribrd herein, if the Tender for is accepted by the Owner. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted,application for a Performance Bond must be made to the undersigned within TEN(10)DAYS of Notice of Contract Award, oIhcrwisc the Agreetn€ni shall be null and void. DATED AT this _day of_ _20 Name of Bonding Company Signature of Authorized Person Signing for Company (B }NDIN(� COMPANY SEAL) Position (This Form shall be completed and attached to the Tender submitted in Envelope 1) 82 ,RFP 12-01,Curbside Waste Management Collection Services Z 711A'I,-'(-- 0M.aLIFIVATIONS List of Tenderer's Senior Staff to be Employed on this Contract Name Osition, 2(t,r±i Li q e � f To be completed and returno dil with 11-fnde.-, )',-, Envelope 1. 83 RFP 12-01, Curbside Waste Management Collection Services TENDERER'S EXPERIENCE Tenderer's Experience in Similar Work Year Description of For Whom Value Completed Work Work Performed i { I I �i i To be completed and returned with tender in Envelope 1. 84 RFP 12-01,Curbside Waste Management Collection Services PROPOSED SUBCONTRACTORS List of Proposed Sub-Contractors Name of Proposed Andress of Sub-Trade Sub-Contractor Sub-Contractor i I� II �I I i� it I` I } i To be completed and returned With tender in Envelope 1. 85 RFP 12-01,Curbside Waste Management Collection Services Technical Submission Verification ITEM NO. MCRIPTION STOPS PER 1 E-`,-;'. R�€.r� Part A-Curbside Collection of Recyclables A.1 j Municipality of Bayham 2753 stops pqr week _ 6,500 stops per A.2 Municipality of Central Elgin week A.3 Township of Malahide 2904 stops per week All three municipalities(Bayham, 11,160 stops per {{ N A.4 I Central Elgin,_Malahide)__ Part B- Curbside Collection of Garbage 8.1 Municipality of Bayham 2753 stops pier week 5,500 stops per B.2 Municipality of Central Elgin week B.3 Township of Malahide 2904 stops perweek —_ All three municipalities (Bayham, 11,160 stops per `1 BA Central Elgin, Malahide) week Part C-Curbside Collection of Leaf and Yard Waste(weekfy,4x s rin ,4x fall ti C.1 Municipality of Baxham 1219 stopsper week { C.2 Municipality of Central Elgin 3300 stops per week C.3 Township of Malahide 573 stops per week �I All three municipalities(Bayham, CA Central Elgin, Malahide j 5092 stops per week Part D-Bulk Bin Collection c D.1 Municipality of Bayham 20 yard bin {s} 6 yard bins D.2 Municipality of Central Elgin _. 20 yard bins 6 yard bin s — - _ - D.3 Township of Malahide _ 4 yard bins — _ 6 yard bin s — — f All three municipalities (Bayham, { — DA Central Elgin. Malahide} To be completed and returned with tender in Envelope 1. 86 RFP 12-01,Ctirnside W?ste Niianagement Collection Services Pricing Submission ITEM NO. { DESCRIPTION STOPS PER WEEK PRICE PER TOTAL COST STOP PER PER YEAR(a x f (a) f YEAR(b) b) Part A-Curbside Collection of Recyclables A.I Municipality of Bayharn 2753 stops per week $ $ 5,500 stops per - — A.2 Munici ality of Central Elgin week $ $ A.3 Township of Malahide 1 2904 stops per week $ $ All three municipalities(Bayham, 11,160 stops per A.4 Central Elgin, Malahide? 1'�!esk _ _� ---- _ $ Part B- Curbside Collection of Garbage B.I Municipality of 13a am 2753 stops per week $ _ $ 5,500 stops per B.2 Municipality of Central Elgin week $ $ B.3 Township of Malahide 2904 stops per-week $ $ All three municipalities(Bayham, 11,160 stops per i B.4 Central Elgin, Malahide) week $ Part C- Curbside Collection of Leaf and Yard Waste(weekly,4x spring, 4x fails C.I Municipality of Ba ham 1219 stopsper week $ ' 3 I C.2 Municipalitl of Central Elgin 3300 stops per week $ $ C.3 Township of Malahide - 573 stops per week $ All three municipalities (Bayham, C.4 Central Elgin, Malahide) 5092 stops er week $ $ f� ITEM_ NO, _ i DESCRIPTION BIN CAPACITY i PRICE PER LIl6'1'INCLUDING DISPOSAL, Part D-Bulk Bin Collection D.1 Municipality of Ba ham 20 yard bins $ 6 yard in s $ D.2 Municipality of Central Elgin 20 yard bin (s) $ 6 and bin s $ D.3 Township of Malahide 4 yard bins $ 6 yard bins $ All three municipalities (Bayham, . D•4 Central Elgin, Malahide) yard bin (s) $ 6 yard bin s $ I - I 20 yard bin s) $ All prices are inclusive of all taxes and fees. To be completed and returned with tender in Envelope 2.. 87 Municipality of -XXHAA BAYHAM '.V A: P.O. Box 160, 56169 Heritage Line 1 `� Straffordville, ON NOJ 1YO T: 519-866-5521 F: 519-866-3884 �46�a0��5 E: bayham@bayham.on.ca rtunity Is 1 W:www.bayham.on.ca December 6, 2018 Norfolk Disposal Services Ltd. 811 Old Highway 24 Waterford, ON NOE 1YO Re: Agreement No. 0185-08 Waste Management Services Agreement This correspondence is in regard to Agreement No. 0185-08 between the Municipality of Bayham and Norfolk Disposal Services Limited for provision of curbside waste management collection services. At this time the Municipality of Bayham will exercise one (1) of its renewal options pursuant to Section 15.4 of Agreement No. 0185-08. As such the Agreement will be up for renewal consideration again by the Municipality on June 1, 2020. Please let staff know if you require any additional information. Regards, Paul Shipway CAOIClerk `mot •.��-�+t'�`• A i ii .�,•,�� , zo Q CC MR 17 PVL mr rA. �I O � i � a •' �• � ire ^Ar .���� 4t i- F � K. U L- � �W O � O o U rt3 U aJ N o ';i� . �' r�;.w }�•+ ate-+ C► � hA 0 � 4 O}' `� 4J o � F 0 w fo = Q qA .s+ r■` O O r l N cm-I Q1 Municipality of �8� � BAYHAM A: P.O. Box 160, 56169 Heritage Line , Straffordville, ON NOJ 1YO T: 519-866-5521 F: 519-866-3884 E: kayhamQbayham.on.ca °J`tunity Ise0. W: www.bayham.on.ca December 6, 2019 Norfolk Disposal Services Ltd. 811 Old Highway 24 Waterford, ON NOE 1YO Re: Agreement No. 0185-08 —Waste Management Services At the regular meeting of the Council of the Corporation of the Municipality of Bayham held December 5, 2019 the Council of the Corporation of the Municipality of Bayham provided staff direction to extend Agreement No. 0185-08 between the Municipality of Bayham and Norfolk Disposal Services Limited for provision of curbside waste management collection services. At this time, by mutual agreement, Agreement No. 0185-08 will be extended until June 1, 2023. In all other respects, Agreement No. 0185-08 is hereby confirmed and remains unchanged. Please indicate your acceptance of this Amendment to Agreement No. 0185-08 by signing below where indicated and returning the same. I, Norfolk Disposal, acknowledge Amendment noted above to Agreement No. 0560 i Norfolk Disposal (Authorized Signature) Date Please do not hesitate to contact the undersigned should you require any additional information. Regards, Paul Shipway CAOICIerk Municipality of �8� � BAYHAM A: P.O. Box 160, 56169 Heritage Line , Straffordville, ON NOJ 1YO T: 519-866-5521 F: 519-866-3884 E: kayhamQbayham.on.ca °J`tunity Ise0. W: www.bayham.on.ca December 6, 2019 Norfolk Disposal Services Ltd. 811 Old Highway 24 Waterford, ON NOE 1YO Re: Agreement No. 0185-08 —Waste Management Services At the regular meeting of the Council of the Corporation of the Municipality of Bayham held December 5, 2019 the Council of the Corporation of the Municipality of Bayham provided staff direction to extend Agreement No. 0185-08 between the Municipality of Bayham and Norfolk Disposal Services Limited for provision of curbside waste management collection services. At this time, by mutual agreement, Agreement No. 0185-08 will be extended until June 1, 2023. In all other respects, Agreement No. 0185-08 is hereby confirmed and remains unchanged. Please indicate your acceptance of this Amendment to Agreement No. 0185-08 by signing below where indicated and returning the same. I, Norfolk Disposal, acknowledge Amendment noted above to Agreement No. 0560 i Norfolk Disposal (Authorized Signature) Date Please do not hesitate to contact the undersigned should you require any additional information. Regards, Paul Shipway CAOICIerk