Request for Tender. for. Waste Disposal and Waste. Recycling Drop-Off Depot Operations. Niagara Rd 12 Landfill Site

Transcription

1 Request for Tender for Waste Disposal and Waste Recycling Drop-Off Depot Operations Niagara Rd 12 Landfill Site Request for Tender No.: 2018-T-01 Issued: Tuesday February 27, 2018 Submission Deadline: 2:00pm on Tuesday March 27, 2018 Submission Location: THE PURCHASING OFFICE The Regional Municipality of Niagara Campbell West Building 1815 Sir Isaac Brock Way Thorold, Ontario, L2V 4T7 Revised: November 6, 2017

2 PART 1 INVITATION AND SUBMISSION INSTRUCTIONS TABLE OF CONTENTS Part 1 Invitation and Submission Instructions Invitation to Bidders Niagara Region s Procurement Bylaw Niagara Region Contact Accommodations for Bidders with Disabilities Contract for Deliverables RFT Timetable Site Inspection Bid Submission...4 Part 2 Evaluation of Bids Stages of Bid Evaluation Stage I Mandatory Requirements Stage II Pricing Selection of Lowest Compliant Bidder...6 Part 3 Terms and Conditions of the RFT Process General Information and Instructions Communication after Issuance of RFT Finalization of Contract, Notification and Debriefing Conflict of Interest and Prohibited Conduct Confidential Information Reserved Rights, Limitation of Liability and Governing Law Appendix A Contract Terms and Conditions Appendix B Form of Tender Appendix C Pricing Appendix D RFT Particulars A. The Deliverables SPECIAL PROVISIONS GENERAL REQUIREMENTS EQUIPMENT WASTE DISPOSAL OPERATIONS WASTE AND RECYCLING DROP-OFF DEPOT OPERATION LEAF AND YARD WASTE MATERIALS COMPOSTING FACILITY B. Material Disclosures C. Mandatory Requirements Appendix E Conditions of Award Appendix F Bid Irregularities Appendix G- Sample Irrevocable Standby Letter of Credit...85 Appendix H Sample Letter of Intent Appendix I Environmental Compliance Approval pages Appendix J Niagara Road 12 Landfill Site Location Maps... 5 pages Appendix K - Site Operations & Maintenance Manual pages 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 1 of 86

3 PART 1 INVITATION AND SUBMISSION INSTRUCTIONS Part 1 Invitation and Submission Instructions 1.1 Invitation to Bidders This Request for Tender ( RFT ) is an invitation by The Regional Municipality of Niagara ( Niagara Region ) to prospective bidders to submit bids for the provision of Waste Disposal and Waste Recycling Drop-Off Depot Operations Niagara Rd 12 Landfill Site, as further described in Appendix D RFT Particulars (the Deliverables ). This Tender provides for the supply of all labour, material and equipment necessary to carry out Waste Disposal Operations, Leaf and Yard Waste Composting and Waste and Recycling Drop-Off Depot Operations at Niagara Rd 12 Landfill Site, West Lincoln, in accordance with the terms and conditions of this Tender. Please refer to Appendix D RFT Particulars for a detailed description of the Deliverables, material disclosures and mandatory requirements. Please refer to Appendix E Conditions of Award for requirements that the bidder must satisfy if selected to enter into a contract for the Deliverables. 1.2 Niagara Region s Procurement Bylaw Niagara Region s procurement processes are governed by its Procurement By-Law No ( ( Niagara Region s By-law ). It is the bidder s responsibility to become familiar with and comply with Niagara Region s By-law. If the terms of the RFT are more restrictive than the terms of Niagara Region s By-law, the terms of the RFT will prevail. 1.3 Niagara Region Contact For the purposes of this procurement process, the Niagara Region Contact shall be: Dana Greves, Purchasing Agent, Procurement & Strategic Acqs, Enterprise Resource Management Services Niagara Region, 1815 Sir Isaac Brock Way, PO.Box 1042, Thorold, ON L2V4T7 Phone: ext 3497 Toll-free: dana.greves@niagararegion.ca Bidders and their representatives are not permitted to contact any employees, officers, agents, elected or appointed officials or other representatives of Niagara Region, other than the Niagara Region Contact, concerning matters regarding this RFT. Failure to adhere to this rule may result in the disqualification of the bidder and the rejection of the bidder s bid. 1.4 Accommodations for Bidders with Disabilities Niagara Region is committed to providing equal treatment to people with disabilities with respect to the use and benefit of municipal services, programs and goods in a manner that respects 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 2 of 86

4 PART 1 INVITATION AND SUBMISSION INSTRUCTIONS their dignity and that is equitable in relation to the broader public. In accordance with the Ontario Human Rights Code, Ontarians with Disabilities Act, 2001 (ODA) and Accessibility for Ontarians with Disabilities Act, 2005 (AODA), Niagara Region will accommodate for a disability, ensuring full and equitable participation throughout the RFT process. If a bidder requires this RFT in a different format to accommodate a disability, the bidder must contact the Niagara Region Contact as soon as possible and in any event prior to the Submission Deadline. The RFT in the different format will be issued only to the requesting bidder and all addenda will be issued in such different format only to the requesting bidder. 1.5 Contract for Deliverables The selected bidder will be required to enter into a contract with Niagara Region for the provision of the Deliverables based on the Contract Terms and Conditions set out in Appendix A to the RFT (the Contract ). It is Niagara Region s intention to enter into the Contract with only one (1) legal entity. The term of the Contract is to be for a period of Five (5) Years, commencing September 3, 2018 and ending September 3, 2023 with an option in favour of Niagara Region to extend the Contract on the same terms and conditions and pricing, for an additional term of up to two (2) additional one (1) year optional terms. 1.6 RFT Timetable Item Date Issue Date of RFT Tuesday February 27, 2018 Site Inspection Niagara Rd 12 Landfill Site 10:00am on March 6, Concession 7 Road West Lincoln, ON Deadline for Questions Noon on Tuesday March 20, 2018 Deadline for Issuing Addenda Wednesday March 21, 2018 Submission Deadline 2:00pm on Tuesday March 27, 2018 Public Opening 2:15pm on Tuesday March 27, 2018 Niagara Region Headquarters, Campbell West, 1815 Sir Isaac Brock Way, Thorold, ON L2V 4T7 Anticipated Start Date September 3, 2018 The RFT timetable is tentative only, and may be changed by Niagara Region at any time. 1.7 Site Inspection The site inspection will be held on March 6, 2018 commencing at 10:00 a.m. local time at: Niagara Rd 12 Landfill Site 7015 Concession 7 Road West Lincoln, ON 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 3 of 86

5 PART 1 INVITATION AND SUBMISSION INSTRUCTIONS Personal Protective Equipment is required: safety vest and work boots. It is the bidder s responsibility to visit the job site and to examine all existing conditions to determine the amount and character of the work involved and to take their own measurements and make their own calculations prior to submitting a bid. No allowance will subsequently be made for any errors or omissions on the part of any bidder. Attendance at the site inspection is not mandatory, but all bidders are encouraged to attend. 1.8 Bid Submission Bids Must Be Submitted to Prescribed Location Bids must be submitted at: THE PURCHASING OFFICE The Regional Municipality of Niagara Campbell West Building 1815 Sir Isaac Brock Way Thorold, Ontario, L2V 4T Bids Must Be Submitted on Time Bids must be submitted at the location set out above on or before the Submission Deadline. Bids submitted after the Submission Deadline will be rejected. Onus and responsibility rests solely with the bidder to deliver its bid to the exact location (including floor, if applicable) indicated in the RFT on or before the Submission Deadline. Niagara Region does not accept any responsibility for submissions delivered to any other location by the bidder or its delivery agents. Bidders are advised to make submissions well before the deadline. Bidders making submissions near the deadline do so at their own risk. In the event of any question regarding the timely receipt of any submission, the time on the clock designated by the Manager of Purchasing Services will absolutely prevail over any other timepiece regardless of any discrepancies between the time on the Manager of Purchasing Services designated clock and actual time Bids Must Be Submitted in Prescribed Format Bidders must submit One (1) hard copy of their bid enclosed in a sealed envelope that is prominently marked with the RFT title and number (see RFT cover page) and the full legal name and return address of the bidder Bid Submission Content Bidders must include all forms and other documents or information listed under Section C Mandatory Requirements in Appendix D RFT Particulars. Other than inserting the information requested, a bidder may not make any changes to any of the required forms included in this RFT. Any bid containing any such changes, whether on the face of the form or elsewhere in the bid, may be disqualified. Irregularities in bid submissions will be addressed in accordance with Appendix F Bid Irregularities T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 4 of 86

6 PART 1 INVITATION AND SUBMISSION INSTRUCTIONS Amendment of Bids Bidders may amend their bids prior to the Submission Deadline by submitting the amendment in a sealed package prominently marked with the RFT title and number and the full legal name and return address of the bidder to the location set out above. Any amendment should clearly indicate which part of the bid the amendment is intended to amend or replace Withdrawal of Bids Bidders may withdraw their bids prior to the Submission Deadline. To withdraw a bid, a notice of withdrawal must be sent to the Niagara Region Contact and must be signed by an authorized representative of the bidder. Withdrawn bids will be returned unopened to the bidder Bids Irrevocable after Submission Deadline Bids shall be irrevocable for a period of 160 days days running from the moment that the Submission Deadline passes. [End of Part 1] 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 5 of 86

7 PART 2 EVALUATION OF BIDS Part 2 Evaluation of Bids 2.1 Stages of Bid Evaluation Niagara Region will conduct the evaluation of bids in accordance with the stages set out below. 2.2 Stage I Mandatory Requirements Stage I will consist of a review to determine which bids comply with all of the mandatory requirements. Bids that do not comply with all of the mandatory requirements as of the Submission Deadline will, subject to the express and implied rights of Niagara Region, be disqualified and not evaluated further. The mandatory requirements are listed and described in Section C of Appendix D RFT Particulars. 2.3 Stage II Pricing Upon completion of Stage I, the pricing submitted by each compliant bidder will be evaluated in accordance with Appendix C Pricing Form. 2.4 Selection of Lowest Compliant Bidder Subject to Niagara Region s reserved rights, the compliant bidder with the lowest pricing will be selected to enter into the Contract in accordance with Part 3. [End of Part 2] 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 6 of 86

8 PART 3 TERMS AND CONDITIONS OF THE RFT PROCESS Part 3 Terms and Conditions of the RFT Process 3.1 General Information and Instructions RFT Incorporated into Bid All of the provisions of this RFT are deemed to be accepted by each bidder and incorporated into each bidder s bid. A bidder who submits conditions, options, variations or contingent statements to the terms as set out in this RFT, including the terms of the Contract in Appendix A, either as part of its bid or after receiving notice of selection, may be disqualified. If a bidder is not disqualified despite such changes or qualifications, the provisions of this RFT, including the terms of the Contract set out in Appendix A, will prevail over any such changes or qualifications in the bid Bidders to Follow Instructions and Submit Only Requested Information Bidders should structure their bids in accordance with the instructions in this RFT. Information must be provided in the form requested. Niagara Region will not consider any supplementary information or documents that bidders have not been instructed to submit Bids in English All bids are to be in English only Information in RFT Only an Estimate Niagara Region and its advisers make no representation, warranty or guarantee as to the accuracy of the information contained in this RFT or issued by way of addenda. Any quantities shown or data contained in this RFT or provided by way of addenda are estimates only and are for the sole purpose of indicating to bidders the general scale and scope of the Deliverables. It is the bidder s responsibility to obtain all the information necessary to prepare a bid in response to this RFT Examination of Site Bidders are required to satisfy themselves as to existing conditions of the site and must take all site conditions into account in preparing their bids Bidders Shall Bear Their Own Costs The bidder shall bear all costs associated with or incurred in the preparation and submission of its bid Bid to Be Retained by Niagara Region Except as otherwise provided in this RFT, Niagara Region is under no obligation to return the bid or any accompanying documentation submitted by a bidder T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 7 of 86

9 PART 3 TERMS AND CONDITIONS OF THE RFT PROCESS Trade Agreements Bidders should note that procurements falling within the scope of Chapter 5 of the Canadian Free Trade Agreement are subject to that trade agreement, but the rights and obligations of the parties shall be governed by the specific terms of this RFT No Guarantee of Volume of Work or Exclusivity of Contract Notwithstanding section 1.5, Niagara Region makes no guarantee of the value or volume of work to be assigned to the successful bidder. The Contract will not be an exclusive contract for the provision of the described Deliverables. Niagara Region may contract with others for goods and services the same as or similar to the Deliverables or may obtain such goods and services internally. 3.2 Communication after Issuance of RFT Bidders to Review RFT Bidders shall promptly examine all of the documents comprising this RFT, and shall report any errors, omissions or ambiguities; and may direct questions or seek additional information to the Niagara Region Contact on or before the Deadline for Questions. All communications must be made in writing by and shall be deemed to be received once the has entered into the Niagara Region Contact s inbox. No such communications are to be directed to anyone other than the Niagara Region Contact, and Niagara Region shall not be responsible for any information provided by or obtained from any source other than the Niagara Region Contact. Niagara Region is under no obligation to provide additional information, but may do so in its sole and absolute discretion. It is the responsibility of the bidder to seek clarification from the Niagara Region Contact on any matter it considers to be unclear. Niagara Region shall not be responsible for any misunderstanding on the part of the bidder concerning this RFT or its process All New Information to Bidders by Way of Addenda This RFT may be amended only by an addendum in accordance with this section. If Niagara Region, for any reason, determines that it is necessary to provide additional information relating to this RFT, such information will be communicated to all bidders by addenda issued in the same manner that this RFT was originally issued. Each addendum forms an integral part of this RFT. Such addenda may contain important information, including significant changes to this RFT. Bidders are responsible for obtaining all addenda issued by Niagara Region. In the Form of Tender (Appendix B), bidders should confirm their receipt of all addenda by setting out the number of each addendum in the space provided T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 8 of 86

10 PART 3 TERMS AND CONDITIONS OF THE RFT PROCESS Post-Deadline Addenda and Extension of Submission Deadline If Niagara Region determines that it is necessary to issue an addendum after the Deadline for Issuing Addenda, Niagara Region may extend the Submission Deadline for a reasonable period of time Verify, Clarify and Supplement When evaluating bids, Niagara Region may request further information from the bidder or third parties in order to verify, clarify or supplement the information provided in the bidder s bid. The response received by Niagara Region shall, if accepted by Niagara Region, form an integral part of that bidder s bid. 3.3 Finalization of Contract, Notification and Debriefing Selection of Bidder and Finalization of Contract Notice of selection by Niagara Region to the selected bidder shall be in writing. The selected bidder shall enter into the Contract in the form attached as Appendix A to this RFT and satisfy any other applicable conditions, as set out in Appendix E Conditions of Award of this RFT, within fourteen (14) days of notice of selection. This provision is solely for the benefit of Niagara Region and may be waived by Niagara Region in its sole and absolute discretion Failure to Enter into Contract In addition to all other remedies available to Niagara Region, if a selected bidder fails to enter into the Contract or satisfy any other applicable conditions, as set out in Appendix E Conditions of Award of this RFT, within fourteen (14) days of notice of selection, Niagara Region may, in its sole and absolute discretion and without incurring any liability, withdraw the selection of that bidder and either proceed with the selection of another bidder or cancel the RFT process Notification to Other Bidders Once the Contract is entered into by Niagara Region and a bidder, the other bidders may be notified directly in writing and shall be notified by public posting in the same manner that this RFT was originally posted of the outcome of the procurement process Debriefing Bidders may request a debriefing after receipt of a notification of the outcome of the procurement process. All requests must be in writing to the Niagara Region Contact and must be made within thirty (30) days of such notification. The intent of the debriefing information session is to aid the bidder in presenting a better bid in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process or its outcome T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 9 of 86

11 PART 3 TERMS AND CONDITIONS OF THE RFT PROCESS Bid Dispute Resolution Procedure If a bidder wishes to challenge the RFT process, the bidder must submit a written objection providing sufficient detail regarding their complaint (a Substantive Objection ) to the Director of Procurement and Strategic Acquisitions within seven (7) days from the conclusion of the bid opening process. Niagara Region will respond to a Substantive Objection in accordance with the following steps: a) The Director of Procurement and Strategic Acquisitions will arrange a debriefing with the bidder to explain the RFT process that led to the selection of the successful bidder. b) The Director of Procurement and Strategic Acquisitions will investigate the complaint and will make a recommendation to the Commissioner of Corporate Services/Treasurer, CAO or Council, as appropriate. c) Should the bidder continue to have concerns about the RFT process and is not satisfied with the decision, the bidder may then request, in writing to the Commissioner of Corporate Services/Treasurer, a mediator, to assist in resolving any outstanding issues between the bidder and Niagara Region. d) The recommended mediator will be approved by both the bidder and Niagara Region. e) The mediator shall make his/her best efforts to assist the parties to reach a mutually acceptable solution. f) Costs for the mediator shall be equally shared by Niagara Region and the bidder. g) Any resolution reached through the mediation process shall remain confidential if requested by either of the parties. 3.4 Conflict of Interest and Prohibited Conduct Conflict of Interest Niagara Region may disqualify a bidder for any conduct, situation or circumstances, determined by Niagara Region, in its sole and absolute discretion, to constitute a Conflict of Interest. For the purposes of this RFT, the term Conflict of Interest includes, but is not limited to, any situation or circumstance where: a) in relation to the RFT process, the bidder has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, confidential information of Niagara Region in the preparation of its bid that is not available to other bidders, (ii) communicating with any person with a view to influencing preferred treatment in the RFT process (including but not limited to the lobbying of decision makers involved in the RFT process), or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the RFT process; or 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 10 of 86

12 PART 3 TERMS AND CONDITIONS OF THE RFT PROCESS b) in relation to the performance of its contractual obligations contemplated in the contract that is the subject of this procurement, the bidder s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations. For the purposes of section (a) (i) above, bidders should specifically consider whether there were any individuals (employees, advisers, or individuals acting in any other capacity) who (a) participated in the preparation of the bid; AND (b) were employees of Niagara Region within twelve (12) months prior to the Submission Deadline. In addition to any other situation that may constitute a conflict of interest, suppliers will not be permitted to submit a bid if the supplier participated in the preparation of the RFT, and any such bid submitted will be disqualified Disqualification for Prohibited Conduct Niagara Region may disqualify a bidder or terminate the Contract (in compliance with the applicable Terms and Conditions) if, in the sole and absolute determination of Niagara Region, the bidder has engaged in any conduct prohibited by this RFT or Niagara Region s By-law Prohibited Bidder Communications A bidder shall not engage in any communications that could constitute a Conflict of Interest and should take note of the Conflict of Interest declaration set out in the Form of Tender (Appendix B) Bidder Not to Communicate with Media A bidder may not at any time directly or indirectly communicate with the media in relation to this RFT or any Contract entered into pursuant to this RFT without first obtaining the written permission of the Niagara Region Contact No Lobbying A bidder, including any agent or representative of a bidder, may not, in relation to this RFT or the evaluation and selection process, engage directly or indirectly in any form of political or other lobbying whatsoever to advocate for any interest that may be affected by the RFT process or to influence the outcome of the RFT process. In accordance with Niagara Region s Procurement By-law: a) Lobbying means the advocacy of an interest that is affected, actually or potentially by the procurement process or individuals involved in the procurement process including seeking to influence the outcome of the procurement process or subsequent award of a contract T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 11 of 86

13 PART 3 TERMS AND CONDITIONS OF THE RFT PROCESS b) Bidders, their staff members, or anyone involved in preparing a bid, shall not engage in any form of political or other lobbying whatsoever or seek to influence the outcome of the procurement process or subsequent award. This restriction extends to all of Niagara Region s staff and anyone involved in preparing the RFT or participating in the bid evaluation process, and members of Council. c) Niagara Region may reject any bid by a bidder that engages in lobbying, without further consideration, and may terminate that bidder s right to continue in the procurement process. d) During a procurement process, all communications shall be made through the Niagara Region Contact. No bidder or person acting on behalf of a bidder or group of bidders, shall contact any elected official, consultant or any employee of Niagara Region to attempt to seek information or to influence the outcome of the procurement process. e) Elected officials shall refer any inquiries about a procurement process to Niagara Region s Commissioner of Corporate Services/Treasurer Illegal or Unethical Conduct Bidders shall not engage in any illegal business practices, including activities such as bidrigging, price-fixing, bribery, fraud, coercion or collusion. Bidders shall not engage in any unethical conduct, including lobbying, as described above, or other inappropriate communications, offering gifts to any employees, officers, agents, elected or appointed officials or other representatives of Niagara Region, deceitfulness, submitting bids containing misrepresentations or other misleading or inaccurate information, or any other conduct that compromises or may be seen to compromise the competitive process provided for in this RFT Past Performance or Past Conduct Niagara Region may prohibit a supplier from participating in a procurement process based on past performance or based on inappropriate conduct in a prior procurement process. Such inappropriate conduct shall include but not be limited to the following: (a) illegal or unethical conduct as described above; (b) the refusal of the supplier to honour its pricing or other commitments made in its bid; (c) failure to disclose a conflict of interest or (d) any other conduct, situation or circumstance described in Niagara Region s By-law. 3.5 Confidential Information Confidential Information of Niagara Region All information provided by or obtained from Niagara Region in any form in connection with this RFT either before or after the issuance of this RFT a) is the sole property of Niagara Region and must be treated as confidential; b) is not to be used for any purpose other than replying to this RFT and the performance of the Contract; c) must not be disclosed without prior written authorization from Niagara Region; and 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 12 of 86

14 PART 3 TERMS AND CONDITIONS OF THE RFT PROCESS d) shall be returned by the bidders to Niagara Region immediately upon the request of Niagara Region Confidential Information of Bidder Bidders are advised that the disclosure of information received in bids or otherwise relevant to the RFT process will be in accordance with the provisions of all relevant access to information and privacy legislation including primarily the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended ( MFIPPA ). Bidders should identify any confidential information in their bids. Niagara Region will make reasonable efforts to maintain the confidentiality of such information, subject to its disclosure requirements under MFIPPA or any disclosure requirements imposed by law or by order of a court or tribunal. Bidders are advised that their bids will, as necessary, be disclosed, on a confidential basis, to advisers retained by Niagara Region to advise or assist with the RFT process. If a bidder has any questions about the collection and use of personal information pursuant to this RFT, questions are to be submitted to the Niagara Region Contact. 3.6 Reserved Rights, Limitation of Liability and Governing Law Reserved Rights of Niagara Region Niagara Region reserves the right to (a) (b) (c) make public the names of any or all bidders; request written clarification or the submission of supplementary written information in relation to the clarification request from any bidder and incorporate a bidder s response to that request for clarification into the bidder s bid; assess a bidder s bid on the basis of (i) (ii) (iii) (iv) (v) a financial analysis determining the actual cost of the bid when considering factors including quality, service, price and transition costs arising from the replacement of existing goods, services, practices, methodologies and infrastructure (howsoever originally established); information provided by references; the bidder s past performance under previous contracts with Niagara Region; the information provided by a bidder pursuant to Niagara Region exercising its clarification rights under this RFT process; or other relevant information that arises during this RFT process; (d) (e) (f) waive formalities and accept bids that substantially comply with the requirements of this RFT; verify with any bidder or with a third party any information set out in a bid; check references other than those provided by any bidder; 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 13 of 86

15 PART 3 TERMS AND CONDITIONS OF THE RFT PROCESS (g) (h) (i) (j) (k) (l) (m) (n) (o) disqualify any bidder whose bid contains misrepresentations or any other inaccurate or misleading information; disqualify any bidder who has engaged in conduct prohibited by this RFT; make changes, including substantial changes, to this RFT provided that those changes are issued by way of addenda in the manner set out in this RFT; select a bidder other than the bidder whose bid reflects the lowest cost to Niagara Region; reject any bid that contains pricing which appears to be unbalanced or unreasonable; cancel this RFT process at any stage; cancel this RFT process at any stage and issue a new RFT for deliverables the same as or similar to the Deliverables; accept any bid in whole or in part; or reject any or all bids; and these reserved rights are in addition to any other express rights or any other rights that may be implied in the circumstances Limitation of Liability By submitting a bid, each bidder agrees that a) neither Niagara Region nor any of its employees, officers, agents, elected or appointed officials, advisors or representatives will be liable, under any circumstances, for any claim arising out of this RFT process including but not limited to costs of preparation of the bid, loss of profits, loss of opportunity or for any other claim; and b) the bidder waives any right to or claim for any compensation of any kind whatsoever, including claims for costs of preparation of the bid, loss of profits or loss of opportunity by reason of Niagara Region s decision not to accept the bid submitted by the bidder, to enter into a contract with any other bidder or to cancel this RFT process, and the bidder shall be deemed to have agreed to waive such right or claim Governing Law and Interpretation The terms and conditions in this Part 3 Terms and Conditions of RFT Process a) are included for greater certainty and are intended to be interpreted broadly and separately (with no particular provision intended to limit the scope of any other provision); b) are non-exhaustive (and shall not be construed as being intended to limit the pre-existing rights of the parties); and 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 14 of 86

16 PART 3 TERMS AND CONDITIONS OF THE RFT PROCESS c) are to be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. [End of Part 3] 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 15 of 86

17 APPENDIX A CONTRACT TERMS AND CONDITIONS Appendix A Contract Terms and Conditions The Contract for Deliverables will be the Niagara Region Form of Agreement as follows: 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 16 of 86

18 APPENDIX A CONTRACT TERMS AND CONDITIONS NIAGARA REGION FORM OF AGREEMENT Niagara Region Form of Agreement BETWEEN: THE REGIONAL MUNICIPALITY OF NIAGARA (referred to as Niagara Region ) AND: [*INSERT FULL LEGAL NAME OF SUPPLIER*] (referred to as the Supplier ) In consideration of their respective agreements set out herein, the parties covenant and agree as follows: 1. Contract Documents The contract between the parties in respect of: [Insert Name of Project or Brief Description of Deliverables should match the description used as the title of the RFX document] is comprised of the following documents, which are collectively referred to as the Contract and attached hereto: a) this Agreement; b) the Schedule of Deliverables, Rates and Specific Provisions, attached hereto as Schedule 1; c) Form of Agreement Terms and Conditions ( including Article 8 - Indemnity and Insurance, Commercial General Liability Insurance and Automobile Insurance requirements, d) the [*Insert RFx Document Name and #*], including any addenda, (the Solicitation Document ); and e) all the documentation submitted by the Supplier in response to the Solicitation Document (the Supplier s Submission ). 2. Interpretive Value of Contract Documents Any ambiguity, conflict or inconsistency between or among the documents comprising the Contract will be resolved by giving precedence to the express terms of the documents in the order in which they appear above, so that a first mentioned document shall prevail notwithstanding any term or aspect of a later mentioned document T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 17 of 86

19 APPENDIX A CONTRACT TERMS AND CONDITIONS NIAGARA REGION FORM OF AGREEMENT 3. Execution This Agreement may be executed and (i) delivered by facsimile transmission or (ii) scanned and delivered by electronic transmission, and when so executed and delivered, will be deemed an original. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. The Regional Municipality of Niagara Per: Name: Title: Date of Signature: Per: Name: Title: Date of Signature: I/We have authority to bind the corporation [**Insert Full Legal Name of Supplier**] Per: Name: Title: Date of Signature: Per: Name: Title: Date of Signature: I/We have authority to bind the corporation 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 18 of 86

20 APPENDIX A CONTRACT TERMS AND CONDITIONS SCHEDULE 1 TO NIAGARA REGION FORM OF AGREEMENT Schedule 1 to Niagara Region Form of Agreement Schedule of Deliverables, Rates and Specific Provisions A. Description of Deliverables [*Describe the Deliverables. Reference can be made to the Solicitation Document and/or Supplier Submission, as appropriate*] B. Rates and Disbursements B.1 Maximum Fee Notwithstanding anything else in the Contract, the total amount payable by Niagara Region to the Supplier under the Contract shall not exceed [*insert maximum contract amount*] ($xxx). B.2 Personnel and Rates The following individuals are responsible for the provision of the Deliverables. The Rates for these individuals are set out below and shall remain fixed during the Term of this Contract: [*insert personnel and rate information or replace this section with other applicable form of rate breakdown*] C. Payment Terms The payment terms for the Contract are as follows: [*insert payment terms (i.e. monthly invoices, full payment upon acceptance, progress payments, etc.)*] D. Client and Supplier Representatives The Niagara Region Representative and contact information for the Contract is: [*insert name and title of Niagara Region s representative in charge of the contract and contact details, including mailing address and address*] The Supplier Representative and contact information for the Contract is: [*insert name and title of Supplier representative in charge of the contact and contact details, including mailing address and address*] E. Term of Contract The Contract shall take effect on the [*insert date*] (the Effective Date ) and shall be in effect for a period of [*insert # of years or months] from the Effective Date, with an option in favour of Niagara Region to extend the term for an additional period of [*insert extension period, if applicable, or revise this language as necessary*], unless it is terminated earlier in accordance with the terms of the Contract or otherwise by operation of law T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 19 of 86

21 APPENDIX A CONTRACT TERMS AND CONDITIONS SCHEDULE 1 TO NIAGARA REGION FORM OF AGREEMENT F. Specific Provisions Niagara Region reserves the right to modify or eliminate any part or parts of the Deliverables as it considers necessary in its unfettered discretion as a result of enactment of Bill 151, Province of Ontario. Without limiting the generality of the forgoing, Niagara Region may reduce or eliminate the haulage of certain materials referenced in Appendix C Pricing Form in its sole unfettered discretion or terminate this Agreement in accordance with the provisions of the Form of Agreement Terms and Conditions incorporated into this Agreement by reference. The Supplier shall have no claim for losses resulting from any changes in Deliverables or termination of this Contract as applicale and does hereby specifically release Niagara Region from any claims for lost revenues or other forms of damages arising from changes in Deliverables initiated by Niagara Region as a result of the effects of Bill 151. Niagara Region shall not be restricted in the manner or reasons for restructuring its operations to deal with the effects of Bill 151. All decisions of Niagara Region arising from Bill 151 shall be in its sole unfettered discretion acting in good faith. F.1 Additional Insurance Requirements In addition to the Commercial General Liability Insurance and Automobile Insurance requirements specified in the Form of Agreement Terms and Conditions, the Supplier shall purchase and maintain at all times during the term of the Contract the additional insurance coverage listed below: 1) Contractor s Pollution Liability Insurance Contractor s Pollution liability insurance to a limit of no less than TWO MILLION DOLLARS ($2,000,000) insuring all services and operations of the Contractor for third party liability losses arising from a pollution event performed by or on behalf of the Contractor. The policy shall be endorsed to: a) include Niagara Region as an additional insured; b) include the separation of insureds clause; and c) contain an undertaking by the insurers to give thirty (30) days prior written notice in the event that there is a material change in the foregoing policies or coverage affecting the Additional Insured(s) or cancellation of coverage before the expiration date of any of the foregoing policies. 2) Automobile Insurance Automobile Insurance (OAP1) for both owned and leased vehicles with inclusive limits of not less than five million dollars ($5,000,000). Proof of automobile insurance will not be required if the Supplier provides a signed letter stating that they do not own or lease vehicles T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 20 of 86

22 APPENDIX A CONTRACT TERMS AND CONDITIONS SCHEDULE 1 TO NIAGARA REGION FORM OF AGREEMENT 3) Broad Form Contractor s Equipment Broad Form Contractor s Equipment insurance coverage covering machinery and equipment used by the Contractor for the performance of the work shall be in a form acceptable to Niagara Region and shall not allow subrogation claims by the insurer against Niagara Region. The policies shall be endorsed to provide Niagara Region with not less than 30 days written notice in advance of cancellation, change or amendment restricting coverage Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractor s Equipment, Niagara Region may agree to waive the equipment insurance requirement. 4) Other Insurance Any other type (e.g. include under CGL policy - XCU, Asbestos, Sexual Abuse & Molestation, and/or Electronic Data/Cyber Liability Environmental), form or as otherwise may be required from time to time as identified at any time by either party. F.2 Construction Lien Not applicable F.3 Contractor Safety Program The Supplier must comply with Niagara Region s Contractor Safety Program #C3-H17 ( Failure to comply with this policy will result in termination of the Supplier T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 21 of 86

23 APPENDIX B FORM OF TENDER Appendix B Form of Tender 1. Bidder Information Please fill out the following form, and name one person to be the contact for the RFT process and for any clarifications or communication that might be necessary. Full Legal Name of Bidder: Any Other Relevant Name under Which the Bidder Carries on Business: Street Address: City, Province/State: Postal Code: Phone Number: Fax Number: Company Website (If Any): Bidder Contact Person and Title: Bidder Contact Phone: Bidder Contact Facsimile: Bidder Contact 2. Offer The bidder has carefully examined the RFT documents and has a clear and comprehensive knowledge of the Deliverables required under the RFT. By submitting a bid, the bidder agrees and consents to the terms, conditions and provisions of the RFT, including the Contract Terms and Conditions and offers to provide the Deliverables in accordance therewith at the rates set out in the Pricing Form (Appendix C). 3. Rates The bidder has submitted its rates in accordance with the instructions in the RFT and in the Pricing Form set out in Appendix C. 4. No Prohibited Conduct The bidder declares that it has not engaged in any conduct prohibited by this RFT. 5. Conflict of Interest The bidder has considered the definition of Conflict of Interest in Section 3.4 of the RFT and declares that there is no Conflict of Interest relating to the preparation of its bid, and no foreseeable Conflict of Interest in performing the contractual obligations contemplated in the RFT T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 22 of 86

24 APPENDIX B FORM OF TENDER 6. Disclosure of Information The bidder hereby agrees that any information provided in this bid, even if it is identified as being supplied in confidence, may be disclosed where required by law or if required by order of a court or tribunal. The bidder hereby consents to the disclosure, on a confidential basis, of this bid by Niagara Region to Niagara Region s advisers retained for the purpose of evaluating or participating in the evaluation of this bid. 7. Bid Irrevocable The bidder agrees that its tender shall be irrevocable for a period of 160 days following the Submission Deadline. 8. Enter into Contract The bidder agrees that in the event its bid is selected by Niagara Region, in whole or in part, it will enter into the Contract based on the term and conditions set out in Appendix A to this RFT in accordance with the terms of this RFT. 9. Addenda The bidder is deemed to have read and accepted all addenda issued by Niagara Region prior to the Deadline for Issuing Addenda. The onus remains on bidders to make any necessary amendments to their bids based on the addenda. The bidder is requested to confirm that it has received all addenda by completing the statement below: The bidder has received addendum/addenda numbers to, inclusive, and all changes specified therein have been included in the bidder s pricing. Bidders who fail to complete this section will be deemed to have received all posted addenda. Signature of Witness Signature of Bidder Representative Name of Witness Name of Bidder Representative Title of Bidder Representative Date I have the authority to bind the bidder. ORIGINAL SIGNATURES ONLY; NO ELECTRONIC 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 23 of 86

25 APPENDIX C PRICING FORM Appendix C Pricing 1. Instructions on How to Complete Pricing Form (a) (b) (c) (d) (e) Rates shall be provided in Canadian funds, inclusive of all applicable duties and taxes except for Harmonized Sales Tax (HST), which should be itemized separately. Rates quoted by the bidder shall be all-inclusive and shall include all labour and material costs, all travel and carriage costs, all insurance costs, all costs of delivery to Niagara Region, all costs of installation and set-up, including any pre-delivery inspection charges, and all other overhead, including any fees or other charges required by law. The Five Year Total is the First Year Total: Summary of Sub-Totals of Item Numbers 1 to 25 multiplied by 5. Item Number F 26 Provisional Item: Operating on Mondays is not to be included in the FIVE YEAR TOTAL price. Annual Price Adjustment : The unit prices tendered in the Form of Tender shall apply for the period from September 3, 2018 to September 3, 2019, inclusive. The unit prices shall be adjusted effective September 3, 2019 for the one year period from September 3, 2019 to September 3, 2020, and so on for each subsequent contract years, by the respective percentage increase or decrease in the Consumer Price Index, all Ontario. The first increase shall be based on July 2018 to July 2019 CPI. Refer to Statistics Canada website Stats Canada Consumer Price Index ( for sample calculations of unit price adjustment and information regarding Consumer Price Index (Ontario). 2. Evaluation of Pricing The FIVE YEAR TOTAL price will be used for evaluation. Note: The Provisional Item: Operating on Mondays will be used during the term of contract, if Niagara Region determines that it is a viable option to be open on Mondays. Provisional Item: Operating on Mondays (Item Number F 26) is not included in the FIVE YEAR TOTAL price. 3. Pricing Form See Form of Tender Pricing Page, below T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 24 of 86

26 APPENDIX C PRICING FORM FORM OF TENDER - PRICING PAGE Form of Tender Pricing Page I/We, the undersigned, having the authority to bind the Company, certify that I/We have examined INVITATION AND SUBMISSION INSTRUCTIONS, TERMS AND CONDITIONS OF THE RFT PROCESS & RFT PARTICULARS, and Form of Tender, do hereby offer and agree to enter into an agreement with the Regional Municipality of Niagara all labour, material and equipment necessary to carry out Waste Disposal Operations, Leaf and Yard Waste Composting and Waste and Recycling Drop-Off Depot Operations at Niagara Rd 12 Landfill Site, West Lincoln as described herein: Item Number Summary of Tender Price Total Annual Price A B C D E Waste Disposal Operations Sub-Total (Item Numbers 1 to 6) Residential Waste and Recycling Drop-Off Depot Sub-Total (Item Numbers 7 to 15) Operation of Leaf & Yard Materials Composting Facility Sub-Total (Item Numbers 16 to 17) Additional Items Sub-Total (Item Numbers 18 to 20) Equipment Rental, including additional operator Sub-Total (Item Numbers 21 to 25) First Year Total: Summary of Sub-Totals of Item Numbers 1 to 25 FIVE YEAR TOTAL: (First Year Total: Summary of Sub-Totals of Item Numbers 1 to 25 multiplied by 5) $ $ $ $ $ $ $ HST 13% $ FIVE YEAR TOTAL with HST $ Company: Signature: 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 25 of 86

27 APPENDIX C PRICING FORM FORM OF TENDER - PRICING PAGE Item Number A Waste Disposal Operations Landfill Operations- Supply all labour, materials and equipment, as per Appendix D-RFT Particulars: Special Provisions, General Requirements, Equipment, Waste Disposal Operations. Includes Deliverables GENERAL REQUIREMENTS, 4.Training Watering of Roads Includes Deliverables GENERAL REQUIREMENTS, 9.Dust Control Snow Plowing/Sanding/Snow Removal Includes Deliverables GENERAL REQUIREMENTS, 8.Snow Clearing and Ice Control Snowplowing/Sanding More than once per day Includes Deliverables GENERAL REQUIREMENTS, 8.Snow Clearing and Ice Control Sanding Only Includes Deliverables GENERAL REQUIREMENTS, 8.Snow Clearing and Ice Control Sweeping Road Includes Deliverables GENERAL REQUIREMENTS, 8.Snow Clearing and Ice Control Unit Estimated Annual Quantity Unit Price Month 12 $ $ event 10 $ $ event 15 $ $ event 2 $ $ event 12 $ $ event 10 $ $ Total Annual Price Sub-Total (Item Numbers 1 to 6) $ Company: Signature: 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 26 of 86

28 APPENDIX C PRICING FORM FORM OF TENDER - PRICING PAGE Item Number B Residential Waste and Recycling Drop-Off Depot Operate Waste and Recycling Drop-Off Depot Supply all labour, materials and equipment, as per in Appendix D-RFT Particulars: Special Provisions,General Requirements, Equipment, Residential Operations and Waste and Recycling Drop-Off Depot. Includes Deliverables WASTE AND RECYCLING DROP-OFF DEPOT, 1.Scope of work and EQUIPMENT, 5.Communication Equipment Haul clean wood waste to a recycling facility Includes Deliverables WASTE DISPOSAL OPERATIONS, 8. Stockpiling, Loading and Hauling, c) Construction and Demolition (C&D) Wood and C&D Clean Wood Haul wood waste containers to C & D stockpile Haul drywall containers to a recycling facility Haul scrap metal and white goods containers to recycling facilities Haul cardboard to Niagara Region Recycling Centre, Niagara Falls Haul Blue/Grey Box material to Niagara Region Recycling Centre, Niagara Falls Haul 20 yard bin of concrete or asphalt to a Quarry in Niagara Includes Deliverables WASTE DISPOSAL OPERATIONS, 8.Stockpiling, Loading and Hauling, d) Concrete, Asphalt and Rubble Unit Estimated Quantity Unit Price month 12 $ $ Tonne 240 $ $ Tonne 925 $ $ Tonne 200 $ $ Tonne 360 $ $ Tonne 140 $ $ Tonne 110 $ $ Tonne 800 $ $ 15 Removal of CFC's Unit 650 $ $ Total Sub-Total (Item Numbers 7 to 15) $ Company: Signature: 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 27 of 86

29 APPENDIX C PRICING FORM FORM OF TENDER - PRICING PAGE Item Number C Operation of Leaf & Yard Materials Composting Facility All labour, material and equipment for receiving, removing contaminants, pre-processing, processing, curing compost operations, moving piles, incorporating overs back into windrows. Includes Deliverables OPERATION LEAF AND YARD WASTE MATERIALS COMPOSTING FACILITY, 1.Scope of Work and 2.Operator Provide up to 6,000, 20 liters bags of finished compost annually from the compost produce on site that has meet AA quality compost. Region will supply bags. Niagara Region will require a minimum of 3000 bags per year and may request up to an additional 3000 bags with 2 months notice to the contractor. Unit Estimated Annual Quantity Unit Price Month 12 $ $ Each 1,000 $ $ Total Annual Price Sub-Total (Item Numbers 16 to 17) $ Company: Signature: 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 28 of 86

30 APPENDIX C PRICING FORM FORM OF TENDER - PRICING PAGE Item Number D Additional Items To be applied only when directed in writing by Niagara Region Additional Staff to pick up blowing litter Includes Deliverables SPECIAL PROVISIONS 5. Successful Bidder s Staff b) Additional Employees and GENERAL REQUIREMENTS 7.Litter Control v. Operate Landfill after regular scheduled hours due to unforeseen circumstances Unit Estimated Annual Quantity Unit Price Hour 100 $ $ Hour 10 $ $ Total Annual Price 20 Placement of Final Cover c. m. 1,500 $ $ Sub-Total (Item Numbers 18 to 20) $ Item Number E Equipment Rental, including additional operator To be applied only when directed in writing by Niagara Region Trim Dozer (8160 kg minimum, & SU blade) Includes Deliverables GENERAL REQUIREMENTS 6. Roads Construction and Maintenance b) Tipping/working Face Access Roads, iv Hydraulic backhoe Crawler mounted - (24,000kg; 180 HP) Includes Deliverables GENERAL REQUIREMENTS 6. Roads Construction and Maintenance b) Tipping/working Face Access Roads, iv and 10. Fires; Unit Estimated Annual Quantity Unit Price Hour 50 $ $ Hour 20 $ $ Total Annual Price Company: Signature: 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 29 of 86

31 APPENDIX C PRICING FORM FORM OF TENDER - PRICING PAGE Tandem Dump Truck (22000 GVW) Includes Deliverables GENERAL REQUIREMENTS 6. Roads Construction and Maintenance b) Tipping/working Face Access Roads, iv and 10. Fires; Off Road Dump Vehicles Includes Deliverables GENERAL REQUIREMENTS 6. Roads Construction and Maintenance b) Tipping/working Face Access Roads, iv and 10. Fires; Portable 4 inch Pump and 100 m of hose Hour 30 $ $ Hour 20 $ $ Hour 20 $ $ Sub-Total (Item Numbers 21 to 25) $ Note: The Provisional Item: Operating on Mondays will be used during the term of contract, if Niagara Region determines that it is a viable option to be open on Mondays. Provisional Item: Operating on Mondays (Item Number F 26) is not included in the FIVE YEAR TOTAL price. Item Number F 26 Provisional Item: Operating on Mondays Provisitional Price for Operating on Mondays: Operations of landfill, residential drop-off depot and compost facility on Monday Unit Estimated Annual Quantity Unit Price Day 52 $ $ Total Annual Price Sub-Total (Item Number 26) $ Company: Signature: 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 30 of 86

32 APPENDIX C PRICING FORM LIST OF SUB-CONTRACTORS LIST OF SUB-CONTRACTORS The bidders shall list the names of all sub-contractors and bidder s senior staff intended to be used in the execution of this work subject to the approval of the Niagara Region s Contract Administrator. All work not performed directly by the bidder s forces shall be included in this list. Unless this list is properly completed, the Tender may be disqualified. All changes to this list must be approved by the Niagara Region s Contract Administrator. SUB-TRADE NAME OF SUB-CONTRACTOR ADDRESS OF SUB-ONTACTOR Company: Signature: 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 31 of 86

33 APPENDIX D RFT PARTICULARS Appendix D RFT Particulars A. The Deliverables SPECIAL PROVISIONS Transition and Commencement of Contract Prior to commencement of the contract, the successful bidder shall provide to Niagara Region, for Niagara Region s review and approval, the following validation which demonstrates the successful bidder s ability to meet the Deliverables: (a) (b) (c) (d) (e) (f) List of Staff and their positions A copy of similar work and contacts Successful bidder s Health and Safety Plan List of all Equipment proposed Certified letter or certificate from a recognized rebuilder of landfill compactors including OEM warranty certifying OEM parts used tested and all work completed Traffic control plan which includes details regarding traffic regulated at the Waste and Recycling Drop-Off Depot, compost facility and landfill tipping face. 1. Days and Hours for Receiving Waste Waste will be received at the site between the hours of 8:00 a.m. and 5:00 p.m. inclusive Tuesday to Friday, and between 8:00 a.m. and 4:00 p.m. inclusive on Saturday and Statutory Holidays. The landfill site is closed on: MONDAYS, SUNDAYS, CHRISTMAS DAY AND NEW YEAR'S DAY. 2. Provisional Item: Operating on Mondays Niagara Region has included this provisional item of site operation on Mondays. Currently the site is not open on Mondays and statuary holidays that fall on a Monday. Niagara Region reserves the right to request the successful bidder operate the site on Mondays from 8:00 a.m. to 5:00 p.m. and statutory holidays that fall on Mondays from 8:00 a.m. to 4:00 p.m., with 30 days notice, at any point during the contract T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 32 of 86

34 APPENDIX D RFT PARTICULARS 3. Days and Hours of Operation The successful bidder shall have staff on site at the Drop off Depot between the hours of 7:45 a.m. to 5:15 p.m. inclusive Tuesday to Friday and between 7:45 a.m. to 4:15 p.m. inclusive on Saturday and Statutory Holidays to allow haulers time to unload if they arrive at approximately 5:00 p.m. to the site. The successful bidder must complete all maintenance, including fuelling the equipment, and start up activities on the equipment prior to 8:00 a.m. On Tuesdays to Saturdays the successful bidder shall have the equipment ready for landfilling operations at the working face by 8:00 a.m. The successful bidder shall have all containers at the waste and recycling drop-off depot open and ready to accept materials by 8:00 a.m. The successful bidder must not take the equipment out of service earlier than 5:00 p.m. or until all waste is properly compacted and covered for that day, Tuesday to Friday or 4:00 p.m. on Saturday and Statutory Holidays. The successful bidder is required to compact and bury waste delivered up to the time of closing. Therefore, the successful bidder shall ensure that sufficient employees and equipment required to spread, compact and cover all waste delivered to the working face each day are available for at least an additional hour beyond the posted closing time of the landfill site. The successful bidder s employees shall not leave the waste and recycling drop-off depot until all vehicles are completely unloaded and have left the area at the end of each day. The successful bidder will close the gates at 5:00 p.m. Tuesday to Friday and at 4:00 p.m. on Saturday and Statutory Holidays. The time shall be set by the Geoware clock located in the scale house. The successful bidder staff should stay at the gates until all users and Region staff has left the site and turn away any customers that arrive after 5:00 p.m. Tuesday to Friday and 4:00 p.m. on Saturday and Statutory Holidays. 4. Successful Bidder s Staff a) Permanent full-time employees: i. Two (2) equipment operators. As a minimum, one operator with the equipment shall be at the landfill working face at all times ii. One (1) labourer to complete site maintenance i.e. (pick up litter, use a magnet to pick up sharp objects, shovel snow around entrances to buildings, remove contaminants from the stockpiles) and assist the attendant at the residential dropoff depot iii. One (1) qualified attendant with exemplary customer service skills at the residential waste and recycling drop-off depot 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 33 of 86

35 APPENDIX D RFT PARTICULARS iv. One (1) additional attendant from April 1st to October 31st, on Tuesdays only 8:00 a.m. to 5:00 p.m. and Saturday from 8:00 a.m. to 4:00 p.m. at the residential dropoff depot v. One (1) supervisor to be in charge of the landfill staff. The supervisor cannot be any of the permanent staff or truck driver(s). The supervisor needs to be on site for a minimum of 2 (two) hours per day to give instructions to operators on proper landfilling operations and discuss the operation with the Niagara Region s representative. When the supervisor is off-site, he/she must be available by phone. If any of the successful bidder s permanent full time staff is not on site by 8:00 a.m., then the supervisor shall fill in for the absent staff. In any event, the successful bidder shall have no more than three (3) hours to replace the employee with one that has the same qualifications. b) Additional employees: Supply experienced roll-off truck driver(s), who hold a current DZ licence classification and has a clean driving record (drivers abstract may be requested by Niagara Region, at no additional cost to the Region). The truck driver cannot be any of the full time employees listed above. If additional staffs are required for litter picking due to extreme weather events or site activities, such as by-passing customers delivering brush to the site the successful bidder shall provide trained and competent staff to complete this work Should the successful bidder require additional staff to complete all the tasks at the waste and recycling drop-off depot that are identified in this tender, it shall be at no additional cost to Niagara Region. 5. Cause for Removal of Employee i. The successful bidder shall employ and shall ensure that its sub-contractors employ, only persons who are: a) competent and polite towards the general public; employees, contractors and other invitees of Niagara Region using or working in or about the landfill site; b) careful, skilled and experienced in their several trades and callings; Should any employee or worker employed on or about the work or in connection therewith: a) give any just cause for complaint by a member of the public, employees, contractors or other invitees of Niagara Region using the landfill site; or b) otherwise misconducts himself/herself, or is incompetent or negligent in the proper performance of his duties; 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 34 of 86

36 APPENDIX D RFT PARTICULARS the Commissioner of Public Works, or his designate, (hereinafter the Commissioner ) shall notify the successful bidder in writing that Niagara Region wants the employee removed and the employee shall not again be employed by the successful bidder on any of the work related to this contract without the consent, in writing, of the Commissioner. The Commissioner shall determine, in his absolute discretion, what constitutes just cause, misconduct, incompetence and/or negligence as applicable for the purposes implementing the remedies prescribed by this subsection. The successful bidder acknowledges being aware of the absolute discretion of the Commissioner acting in good faith, to control who is permitted to work at the landfill site and the Commissioner will be guided by what the Commissioner considers in the best interest of Niagara Region. The successful bidder shall: a) ensure its employment agreements with all successful bidder employees working at the landfill are aware of Niagara Region s right to require their removal; b) not dispute or seek justification for any decision of the Commissioner; and c) ensure that all further internal arrangements within the successful bidder s company as the successful bidder may consider prudent to permit it to move and/or terminate employees as it considers necessary 6. Right of Set-off Niagara Region may retain from monies owing to the successful bidder under this contract an amount deducted from monies due to it arising from any outstanding or disputed liabilities including but not restricted to: the cost to remedy deficiencies in the provision of work or arising from the failure by the successful bidder to provide work in accordance with the requirements of this contract; claims for damages by third parties; any assessment due the workplace Safety and Insurance Board and Liquidated Damages permitted in accordance with this contract. 7. Events of Default and Remedies For the purposes of this contract, there are three levels of successful bidder s Events of Default, which are defined as follows, and for which the following remedies for each level are agreed to apply: A. First Tier Events of Default Definition: A First Tier Event of Default means a breach of any of the performance standards, representations or warranties which apply to the work under this contract, other than breaches identified elsewhere in this section as Second or Third Tier Events of Default T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 35 of 86

37 APPENDIX D RFT PARTICULARS First Tier Events of Default Remedies: Niagara Region shall deliver to the successful bidder in accordance with the requirements of this contract, a letter of warning (hereinafter Letter of Warning ) notifying the successful bidder that a First Tier Event of Default has occurred and requires immediate rectification. The nature of the First Tier Event of Default and required rectification will be delineated in sufficient detail to allow the successful bidder the opportunity to remedy the breach. In a first Letter of Warning for a First Tier Event of Default, Niagara Region may in its discretion, give instructions for immediate rectification of the default or rectification within a specified period of time, but in the absence of such specific instructions, rectification shall occur within seven days of delivery of the Letter of Warning. Niagara Region may in its sole and unfettered discretion, deliver more than one Letter of Warning with respect to a particular default without prejudice to its right to rights under subsection 7B. herein. Provided for clarity, Niagara Region is not obligated to provide more than one Letter of Warning before seeking the remedies contemplated by section 7B. herein. B. Second Tier Events of Default Definition: A Second Tier Event of Default means: (1) Any First Tier Event of Default that is not remedied in accordance with the requirements and within the time frame specified in a Letter of Warning delivered in accordance with subsection 7A.; (2) Any repetition of a First Tier Event of Default within three months of the successful bidder having been given one or more Letters of Warning with respect to said default, whether or not the original First Tier Event of Default was remedied in accordance with the Letter of Default; Second Tier Events of Default Remedies: i. Niagara Region may with respect to Events of Default listed in Table A below, elect to deliver to the successful bidder in accordance with the requirements of this contract a further Letter of Warning notifying the successful bidder that a Second Tier Event of Default has occurred together with a Notice of Liquidated Damages. The nature of the First Tier Event which the successful bidder failed to remedy and/or repeated within a three month period as applicable shall be specified in the further Letter of Warning. The Notice of Liquidated Damages delivered in accordance with this section shall demand payment from the successful bidder in the amounts specified in column two of the table below for Second Tier Events of Default described in column one. Niagara Region may deduct and retain the amounts of such liquidated damages 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 36 of 86

38 APPENDIX D RFT PARTICULARS out of the monies payable to the Successful Bidder, or may invoice the Successful Bidder for same. TABLE A Event of Default Liquidated Damages Successful bidder fails to meet the requirements of Covering of waste as per ECA requirements at the end of each day Successful bidder fails to provide adequate litter control that results in litter being blown onto adjacent properties Successful bidder fails to snow plow and/or sand before 8 a.m. as per section 10 of general requirements Successful bidder fails to operate equipment with noise suppression that results in nuisances to closest neighbours. The criteria will be (If Niagara Region receives more than 3 complaints from different members of the public in one day) Successful bidder fails to minimize airborne dust from its landfill activities that results in nuisances to closest neighbours The criteria will be (If Niagara Region receives more than 3 complaints from different members of the public in one day) Successful bidder fails to maintain all roads on site at all times as per contract specifications Successful bidder fails to haul refuse containers, recyclable materials, provide replacement containers, etc. as per contract specifications Successful bidder fails to replace tips of the compactor wheels when the tip height is worn to 13.3 cm Successful bidder fails to provide Standby Equipment as specified Failure to achieve a minimum compaction rate of 800 kg. per cubic metre $300 per day $500 per day $300 per occasion $200 per occasion $300 per occasion $300 per occasion $300 per operating day $100 per day $1,000 per day $1,000 per month In view of the difficulty of ascertaining the losses which Niagara Region will suffer by reason of any Second Tier Event of Default level, it is agreed by the Parties that the amounts listed above are reasonable of the liquidated damages that Niagara Region will suffer where a specific Second Tier Event of Default occurs. The liquidated damage amount is agreed not to be a penalty. Niagara Region may deduct and retain the amounts of such liquidated damages out of the monies payable to the successful bidder, or may invoice the successful bidder for same T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 37 of 86

39 APPENDIX D RFT PARTICULARS Liquidated Damages payable pursuant to this contract are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Niagara Region. ii. With respect to an Event of Default which the successful bidder has not remedied in accordance with the Letter of Warning delivered in accordance with subsection 7A, and which Event of Default is either not listed in Table A or if listed in Table A, Niagara Region has elected not to issue a Notice of Liquidated Damages for the specified event, Niagara Region may deliver to the successful bidder in accordance with the requirements of this contract a further Letter of Warning notifying the successful bidder that a Second Tier Event of Default has occurred and advising the successful bidder that Niagara Region will be retaining the services of a third party contractor to remedy the Event of Default described in the Letter of Warning delivered in accordance with subsection 7A. The successful bidder shall co-operate with any third party contractor so engaged by Niagara Region and pay Niagara Region the actual costs of retaining the third party contractor to undertake remedial action. C. Third Tier Events of Default Definition: A Third Tier Event of Default means any of the following: iii. Where the amount of liquidated damages for any given three month period exceeds $10,000; iv. Where Niagara Region has retained a third party contractor in accordance with section 7 Bii on more than one occasion within a three month period to remedy a default not listed in Table A, v. A First Tier Event of Default or Second Tier Event of Default which: required rectification by the successful bidder in accordance with the terms set forth in a Letter of Warning; which is not rectified within the time specified in the Letter of Warning; which cannot be rectified in a commercially reasonable manner using the procedures set forth in section 7B ii; and; which Niagara Region acting in a commercially reasonable manner determines cannot be adequately compensated by the Liquidated Damages specified in Section 7 B. herein. vi. the successful bidder fails to perform and fundamentally breaches its obligations under this contract vii. Niagara Region determines reasonably that the successful bidder has abandoned the work, resulting in a substantial failure of performance. For greater clarity, in the event the successful bidder fails to attend and provide substantial work at the Site for two consecutive work days, successful bidder shall be considered to have abandoned the work and caused a Third Tier Event of Default; 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 38 of 86

40 APPENDIX D RFT PARTICULARS viii. the successful bidder is adjudged bankrupt or becomes insolvent, or a petition in bankruptcy is filed against the successful bidder, or where the successful bidder makes an assignment for the general benefit or creditors or applies for relief under the Companies Creditors Arrangement Act, or where proceedings of any type are instituted in any jurisdiction in respect of the alleged insolvency or bankruptcy of the successful bidder ix. any formal or informal proceeding for the dissolution of, liquidation of, or winding up of, the affairs of the successful bidder is instituted by or against the successful bidder, or where a resolution is passed or any other act undertaken for the winding up of the successful bidder; x. the successful bidder ceases or threatens to cease to carry on its business, or where the successful bidder makes or agrees to make a bulk sale of its assets; xi. a receiver, manager or trustee is appointed in respect of the business or assets of the successful bidder, or any part thereof, by a court of competent jurisdiction, or under an agreement; xii. the successful bidder defaults in the payment of any indebtedness or liability to a bank or other lending institution, whether secured or not, or generally does not pay its debts as they become due; Third Tier Events of Default Remedies: Niagara Region, in its sole and unfettered discretion may seek any one or more or all of the following remedies: i. Niagara Region may realize upon any or all of the Securities in place under this contract; ii. Upon written notice by Niagara Region to the successful bidder, terminate this contract as of the date of the Notice and without prejudice to any other right Niagara Region may have hereunder; iii. Remove the successful bidder from the worksite and undertake the performance, with or without terminating this contract and either using its internal resources or through the retention of other external contractors, all deliverables described in <insert schedule name> for such length of time as Niagara Region, considers necessary; iv. Seek damages in addition to the Liquidated Damages contemplated by this contract; v. Seek any other remedy available to Region at law in the circumstances; 8. Lack of Performance If the successful bidder fails to carry out his/her duties herein provided for a period in excess of two (2) consecutive working days, or fails to operate the landfill site in accordance with the Deliverables for a similar period, Niagara Region, after sending written notice to the successful bidder requiring the successful bidder to perform, shall make arrangements to perform the work 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 39 of 86

41 APPENDIX D RFT PARTICULARS until such matter is resolved and the successful bidder is again able to perform the work. Any and all operating expenses incurred by Niagara Region in so doing shall be deducted from monies owing to the successful bidder hereunder. The successful bidder shall not be held liable if such failure is due to an act of God, change in law, war, insurrection, riot, or any other cause or causes beyond his control. If the successful bidder is unable for any cause to resume performance at the end of two (2) working days, all liability of Niagara Region under this contract, except any obligation to pay sums owing to the successful bidder, shall cease and Niagara Region shall be free to hire other contractors regarding the operation of said site. If agreement with another contractor is reached, the successful bidder shall have no further liable to Niagara Region except as may arise from the breach of this Agreement or any on-going obligation of the successful bidder of indemnity. 9. Invoices The successful bidder shall send an invoice, in an electronic format, to Niagara Region each month for work completed during the previous month. The successful bidder shall submit a detailed account of work completed and the amount for each item as shown on the Form of Tender- Pricing Page. Invoices shall not be submitted before the end of the month. Niagara Region shall pay for actual work completed the previous month and the amount paid shall be for value of work performed to Niagara Region s satisfaction. 10. Successful Bidder s Performance Review Each month, the successful bidder s Supervisor and Niagara Region s representative will complete a monthly report of all operations carried out during the current month. A written performance report will be reviewed and signed by both the successful bidder s Supervisor and Region s Waste Disposal Operations Supervisor and/or Waste Disposal Operations Technologist. The successful bidder shall attend, as a minimum, quarterly progress meetings with Regional staff to discuss their performance under the contract. 11. Other Contractors a) Reusable Goods Drop-Off Depot A third party contractor operates the Reusable Goods drop-off depot, where residents can drop off materials that still have some value and can be re-used by others. The successful bidder shall provide waste and recycling removal services at this depot as 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 40 of 86

42 APPENDIX D RFT PARTICULARS requested. It is estimated that two (2) to three (3)- 90 gallon carts may need to be removed daily. b) Household Hazardous Waste Drop-Off Depot A third party contractor operates the municipal and hazardous special waste depot where residents can drop off their residential MHSW. The successful bidder shall provide waste and recycling removal services at this depot as requested. It is estimated that two (2) to three (3)- 90 gallon carts may need to be removed daily. c) Gull Control (falconer) A third party contractor will be on site for bird control by use of falconry and pyrotechnics. The successful bidder needs to be aware that the falconer will potentially be in the area of the working face. d) Grinding Niagara Region shall be responsible to arrange for the grinding (by others) of the compost brush and C&D wood waste. Grinding shall be done at Niagara Region s discretion. The successful bidder shall provide one 40 yard bin for waste and recycling removal services during said grinding as requested. 12. Regional Staff a) Weigh Scales Operators Niagara Region will be responsible for the operation of the weigh scales and to provide the weigh scale operator(s), who will weigh all vehicles entering and leaving the landfill site. b) Waste Disposal Operations Supervisor and Waste Disposal Operations Technologist The successful bidder s Supervisor will communicate daily with the Waste Disposal Operations Supervisor and/or Operations Technologist. The Operations Supervisor and/or Operations Technologists will review all operations on-site and provide direction to the successful bidder s Supervisor. 13. Citizens Liaison Committee The successful bidder s supervisor or senior manager upon the request of Niagara Region shall attend meetings of the Niagara Road 12 Citizen Liaison Committee. The Committee meets approximately four (4) times per year from 7:00 p.m. to 9:00 p.m T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 41 of 86

43 APPENDIX D RFT PARTICULARS GENERAL REQUIREMENTS The work includes all labour, materials and equipment to operate the Niagara Road 12 Landfill Site, located at 7015 Concession 7 Road, West Lincoln, ON, L0R 1E0, including receiving, compacting and disposal of waste and the operations of the waste and recycling drop-off depot including hauling of waste and recyclable materials. The Niagara Road 12 Landfill Site Location Maps in Appendix I form part of these Deliverables. 1. Compliance with Standards and Regulations a) Environmental Compliance Approval (ECA) i. The successful bidder shall carry out the work in accordance with all Ministry of Environment and Climate Change (MOECC) Landfill Standards and Guidelines. ii. The successful bidder shall be responsible to carry out the work in accordance with the terms and conditions of the Environmental Compliance Approval (ECA) issued by MOECC and amended from time to time and the Operation & Maintenance Manual (O&M manual). iii. The ECA covers the conditions for Landfill Operations, Residential Drop-off Depot and the Leaf and Yard Composting Facility Operations iv. A copy of the ECA is attached in Appendix H and O&M manual is attached in Appendix J and shall form part of the tender Note: Niagara Region will be responsible for ECA conditions related to the design, development of the landfill site, surface water and groundwater monitoring, contingency plans and reporting to the MOECC. b) Regulations and Legislation i. The successful bidder shall be responsible to keep Niagara Region in compliance with all Provincial Legislation, Regulations and Standards related to the performance of the work. All Federal, Provincial and Local Laws and Regulations shall become a part of this contract, and be complied with in the performance of all parts of the work. The successful bidder shall be, or shall become, familiar with all such laws and regulations which in any manner affect those engaged or employed in the work, or affect facilities or equipment used in the work, or which in any way may affect the conduct of the work and no plea of misunderstanding will be considered on account of ignorance thereof. ii. Without limiting the generality of the above clause, it shall be the responsibility of the successful bidder to comply with: 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 42 of 86

44 APPENDIX D RFT PARTICULARS Landfill Standards - A Guideline on the Regulatory and Approval Requirements for New and Expanding Landfilling Sites, 2012; The Environmental Protection Act and Ontario Regulation 232/98 and Regulation 347, made thereunder; The Ontario Water Resources Act; The Construction Lien Act and the Regulations made thereunder; The Provincial Government has introduced Bill 151, the Waste-Free Ontario Act and Resource Recovery and Circular Economy Act, 2016 and the Waste Diversion Transition Act, 2016, which may impact the current practice for collecting Blue/Grey Box material, Electronics, Tires and potentially other recyclable materials. Any changes from Bill 151 that may financially impact this tender for haulage to the current recycling locations, the variance in the distance will be prorated based on the current cost per tonne/km rate quoted. c) By-Laws The successful bidder shall be responsible to comply with: i. Niagara Region Waste Management By-law No ( Management.pdf), a by-law to regulate the use of the waste management system for the Regional Municipality of Niagara, and The Regional Niagara By- Law/Province of Ontario Smoke-Free Ontario Legislation, a by-law regulating the smoking of tobacco in public places and workplaces, and; ii. Any local Municipal By-laws that affect the performance of the work. 2. Health and Safety The successful bidder will follow all applicable Occupational Health & Safety Act regulations that apply to the work being done and Niagara Region s Corporate Policy and Procedures for Health and Safety. The successful bidder shall be responsible to comply with all requirements under the: i. The Occupational Health and Safety Act & Regulations; ii. The Workplace Safety and Insurance Board Regulations; iii. The Ontario Employment Standards Act 2000; iv. The Ontario Human Rights Code; The successful bidder shall, as a minimum: i. Ensure its employees are properly trained, certified and/or licensed for the safe operation of all equipment that they are operating during the performance of this contract. A copy of certificates must be available to Niagara Region upon request; 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 43 of 86

45 APPENDIX D RFT PARTICULARS ii. Ensure its employees adhere to all federal, provincial and regional rules and regulations applicable to the work performed as part of the contract; iii. Submit a copy of the successful bidder s Health and Safety Plan to Niagara Region prior to commencing the work. The successful bidder s employees must acknowledge the plan by signing a form that is kept on file at the successful bidder s office. These records will be made immediately available to Niagara Region when requested; iv. Provide and maintain the necessary first aid equipment called for under the First Aid Regulation 1101 and ensure that a Certified First aid responder is in charge of the first aid kit at all times. A copy of current first aid responders shall be posted in the workplace along with copies of the current first aiders active certification certificate; v. Equip and train its employees in the proper use of personal protective clothing and equipment as required. Such protective clothing and equipment includes, but is not limited to Green Patch above the ankle safety boots, high visibility safety vest or equivalent, hard hats, safety eyewear and hand protection. Such personal protective equipment shall be appropriate for the circumstances and work being done and maintained in good working condition; vi. Immediately report any accident to Niagara Region within one hour of the incident and immediately if there is an injury while performing work as part of this contract. The successful bidder shall then accurately fill out and sign an Accident Report. The Form will be supplied by Niagara Region; vii. The successful bidder shall perform monthly Health and Safety inspections including a review of procedures and instructions that are provided to customers using the site; viii. Maintain up to date Material Safety Data Sheets (MSDS) for chemicals used on-site per WHMIS 2015 expectations a) Site Safety The successful bidder will follow all applicable Occupational Health & Safety Act ( OHSA R.S.O.1990) regulations that apply to the work being done and Niagara Region s Corporate Policy and Procedures for Health and Safety. As a minimum, the successful bidder and his employees shall: i. operate equipment and any other vehicles that are properly licensed and in an acceptable working order; ii. maintain a safe distance between vehicles unloading waste at the same time and maintain a safe distance with the landfill equipment; iii. protect equipment operator and other employees from breathing airborne particles; iv. not permit loitering anywhere on site; v. not permit smoking anywhere on site; vi. not permit scavenging by anyone; vii. use safety cones or traffic control barrels and other safety equipment as necessary 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 44 of 86

46 APPENDIX D RFT PARTICULARS b) Safety - Equipment The successful bidder and/or his/her employees shall: i. inspect and document the condition of the equipment prior to using the equipment each day; ii. operate landfill equipment and roll-off truck at a safe speed as per the speed limit posted at site; iii. operate landfill equipment at a safe distance from vehicles on site; iv. not operate equipment that is unsafe; (Region may have the Co-ordinator of Safety for Public Works evaluate the successful bidder s equipment operators) v. all equipment shall be equipped and maintained with an automatic audible backup alarm and a flashing strobe light 3. Safe working Environment The successful bidder shall provide a safe working environment for all landfill staff and others who deliver waste to the site including as a minimum; i. keeping the paved areas and site clean of debris; ii. securing all loads leaving the residential waste and recycling drop-off depot; iii. isolating the necessary area when operating equipment near customers dropping off waste 4. Training The successful bidder shall provide a full training program to all new employees and ongoing training to all employees to ensure that its employees are familiar with landfill operations, public relations, workplace violence and harassment policies; workplace safety, WHMIS, first aid, complaint procedures and Niagara Regions waste diversion programs. Regional staff, at its discretion, may request additional training or updates to the successful bidder s training program. The successful bidder shall provide Niagara Region with a copy of its training policies and protocols. The successful bidder s Supervisor must have MOLO (Manager of Landfill Operations Course) accreditation through the Solid Waste Association of North America (SWANA). Niagara Region will allow the successful bidder to obtain this accreditation within six (6) months of the commencement of the contract. The successful bidder shall pay the cost of personnel training. Copies of Certificates received by the successful bidder's employees shall be filed with Niagara Region. The successful bidder and its employees shall upon Region s request participate in an annual training session(s) put on by Niagara Region, at no additional cost to Niagara Region. The successful bidder s two equipment operators shall be trained in Landfill Operations Basics accreditation or MOLO. The landfill equipment operators must have successfully completed the Landfill Operations Basic Course. The operator(s) of the leaf and yard waste composting must 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 45 of 86

47 APPENDIX D RFT PARTICULARS have completed a SWANA or Canadian Composting Council Canada course Niagara Region will allow the successful bidder to obtain this accreditation within six (6) months of the commencement of the contract. The successful bidder shall pay the cost of personnel training. Copies of Certificates received by the successful bidder's employees shall be filed with Niagara Region. 5. Site Facilities At the commencement of the contract, Niagara Region will supply, for use by the successful bidder, an equipment maintenance building, for the storage of landfill equipment and a kiosk at the Waste and Recycling Drop-Off Depot. There is a maintenance building on site for the successful bidder to use to store equipment and tools, with the bay doors being slightly over 4.9 metre (16 feet) high. The width of the doors is 4.27 meters (14 feet).the successful bidder shall keep the area in front of the maintenance building and around the maintenance building graded properly to the satisfaction of Niagara Region. An inspection of these buildings will take place on the first day of the commencement of the contract to establish the buildings condition and photos taken and made available to the successful bidder. During the term of the contract, any damages to the maintenance building, kiosk and portable litter fences caused by the successful bidder, (floor, walls, etc.) shall be repaired by the successful bidder and inspected by Niagara Region. The successful bidder shall be responsible: i. to maintain the maintenance building and kiosk located at the waste and recycling drop-off depot 6. Roads Construction and Maintenance a) All-Weather Heavy Equipment Road The successful bidder shall: i. Maintain a heavy equipment access road at their own cost from the maintenance building to the active working face. This access road shall be used solely by the successful bidder s heavy equipment. The heavy equipment shall not travel on the working Face Access Road; ii. Be responsible at his own cost to provide labour, equipment and materials including granular and other suitable materials for the maintenance and repairs of the heavy equipment road all year; 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 46 of 86

48 APPENDIX D RFT PARTICULARS iii. Keep the travelling surface clear of mud, snow, ice, debris and other obstructions, which may create hazardous conditions b) Tipping/working Face Access Roads For the purpose of this contract, the working Face Access Road begins at the front gate and ends at the location of the active working face. The successful bidder shall: i. Be responsible to provide labour and equipment to maintain the granular portion of working Face Access Road at no additional cost to Niagara Region. For the granular portion of the access road, Niagara Region will supply the granular material as required; ii. Grade the roads once per week or more frequently if necessary, at no additional cost to Niagara Region. During inclement weather the roads shall be graded once per day. Document the dates, hours spent and equipment used during daily road grading that takes place during inclement weather., iii. Maintain the asphalt roads (including winter maintenance, dust control). Niagara Region will be responsible to repair all asphalt roads; iv. Supply trucks, excavator, and dozer to extend portions of the working face to construct all permanent roads a minimum 8 metres wide and minimum 0.3 metres thick clay sub-base and 0.3 metres thick of concrete/asphalt from on-site stockpiles. The road surface shall be elevated from adjacent landfill elevations and shall be graded for proper drainage and ditching to prevent any standing water; v. All materials will be provided by Niagara Region, some materials may be stockpiled on site. vi. Remove portions of the working face access road once an area is deemed by Niagara Region to be completed for landfill operations. The road material shall be stockpiled for reuse in a location designated by Niagara Region at the cost of the contractor. vii. Construct, at the successful bidder s own cost, a level tipping area that meets the minimum compaction requirements adjacent to the working face, to allow all vehicles to unload safely. 7. Litter Control The successful bidder shall be responsible to: i. Take all reasonable precautions to prevent litter from escaping from the working face and from the waste and recycling drop-off depot; ii. Move and relocate, each day, the portable litter fences as close as possible and downwind of the working face; 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 47 of 86

49 APPENDIX D RFT PARTICULARS iii. Pick up litter anywhere on site, each day including at a minimum from the landfill working face, waste and recycling drop-off depot, portable litter fence, semipermanent fences and along perimeter of the landfill property (ditches, storm water retention ponds, etc.). iv. Place soil cover or woodchips over each load dumped at the working face during days that strong wind may cause blowing litter v. Following a major windstorm, if litter has blown from the working face, hire additional staff to pick up all litter on the landfill property. Niagara Region will instruct the successful bidder when to hire the additional staff. Work shall begin within one day of the storm and be completed within four working days. vi. Remove any illegally dumped waste from outside the landfill gates prior to 8 a.m. each day and put aside garbage bags for inspection by Niagara Region. vii. Pick up any illegally dumped waste along Concession 7 Road from RR12 intersection to east of the second gate on Concession 7 Road, within one day of the waste being observed and put aside garbage bags for inspection by Niagara Region. viii. The successful bidder is to provide all supplies needed for litter picking, including garbage bags as needed. 8. Snow Clearing and Ice Control The successful bidder is responsible to provide labour, equipment and materials for snowplowing, snow removal, sanding and shovelling: i. shovel and apply ice melter (supplied by Niagara Region) to the deck of the two (2) weigh scales and ramps and steps to the scalehouse ii. shovel and apply ice melter the entrances to the site office building iii. all roads on-site from the main entrance gate up to the working face iv. the parking area located adjacent to the scale house v. the parking area located adjacent to the site office building vi. the paved and granular areas of the waste and recycling drop-off depot including; - around the curb stones access road to and around the tractor trailer parking area lower drop-off pad vii. the compost pad and access roads to all stockpiles on-site viii. the parking area surrounding the Reusable Goods Drop-Off building ix. the road around the Household Hazardous Waste (HHW) building x. the working Face Access Road xi. heavy equipment road xii. perimeter road along the perimeter of the landfill site xiii. access driveways to the Landfill Pump Station xiv. access to the Stormwater Collection pond 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 48 of 86

50 APPENDIX D RFT PARTICULARS Items i) and ii) need to be shovelled and ice melter must be applied before 8:00 am Items iii) to xi) must be plowed and sanded before 8:00 a.m. Items (xii) to (xiv) must be completed before 11:00 a.m. Note: ice melter will be supplied by Niagara Region, successful bidder will be responsible to provide sand. Snowplowing shall commence when snow accumulation reaches 7.5 cm (three inches) or requested by Niagara Region. The areas listed above shall be snowplowed first, and then sanded immediately thereafter. All of the above areas must be snowplowed and sanded in order to receive payment. If it is only necessary to snowplow and sand a portion of the above areas, then, the successful bidder s payment will be prorated based on the area done. Niagara Region and the successful bidder s on-site supervisor shall agree in writing upon the payment on the same day as the snowfall. If it is necessary to carry out snowplowing more than once in a day, the successful bidder shall be paid for each snowplowing event provided the whole site is completed. Niagara Region s Waste Disposal Operations Technologist/Supervisor or designate must approve subsequent snowplowing and sanding operations before commencement. The successful bidder shall supply and spread sand on all roads including the waste and recycling drop-off depot as required, keeping all surface clear of ice that may create hazardous conditions. (Salt will not be used unless approved by Niagara Region under special situations). If there is less than 7.5 cm (three inches) just sanding is required. Damages caused by the successful bidder to roads, structures, or other site facilities, as a result of negligence during winter maintenance, shall be repaired by the successful bidder at their own cost. If the successful bidder fails to carry out the repairs, upon request by Niagara Region, then Niagara Region will arrange to repair the damage caused by the successful bidder, and deduct the cost from any monies owing to the successful bidder. At Niagara Regions request, the successful bidder shall move snow stockpiles if the piles cause any operational or safety issues at their own cost to another onsite location. 9. Dust Control Niagara Region will arrange for a dust suppressant application by another contractor to all gravel roads on-site in the spring time. This will minimize dust created on-site but does not eliminate dust T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 49 of 86

51 APPENDIX D RFT PARTICULARS i. The successful bidder shall apply water on all roads to control dust. The application will commence as soon as dust can be seen as vehicles travel on on-site roads. During dry conditions water should be applied in sufficient quantities twice per day or more frequently when necessary. Supply of water is available at the detention pond on-site provided that sufficient volume of water is available in the pond sources. The successful bidder shall be responsible to minimize airborne dust by watering areas where earth-moving equipment and/or landfill equipment create dust and the dust escapes from the immediate area of work. ii. The successful bidder shall sweep all paved road areas once per monthly with a loader mounted street sweeper or more frequently as required. Whenever possible, sweeping shall be done in wet conditions. 10. Fires The successful bidder shall inspect each load for hot ashes, and/or other material that could result in combustion. The successful bidder will supply a 4 yard steel bin for ashes at the waste and recycling drop off depot. Hot loads should be dumped in a safe area and allowed to burn out. The successful bidder shall smother the ashes with dirt as soon as possible, and make a fire break around fill area. The successful bidder shall keep a fire extinguisher on all equipment, and inspect and document the fire extinguishers monthly. The successful bidder shall keep equipment clean and free of debris and oil leaks. Burning of any materials deposited anywhere on the landfill site, including wood burning heaters, is prohibited. The successful bidder shall give immediate notice to the Fire Department in the event of a fire occurring at the site. The successful bidder shall provide and maintain adequate fire extinguishing equipment to control small fires. If a fire occurs during operating hours, the successful bidder shall respond immediately and provide labour and equipment to assist the fire department at no extra cost to Niagara Region T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 50 of 86

52 APPENDIX D RFT PARTICULARS If a fire occurs after normal operating hours or on a Sunday or Monday, the successful bidder shall respond immediately and provide, labour and equipment to assist fire department in controlling and putting out the fire. 11. Protection of Existing Structures and Property The successful bidder shall protect all monitoring wells, leachate collection system finger drains, manholes, litter fences, safety railings, the wall at the waste and recycling drop-off depot and tipping pad and any structures on-site from damages by equipment operated by the successful bidder. The successful bidder will be responsible for the cost of repair/replacement of all of the above, if these are damaged by any act of the successful bidder's personnel. 12. Avoidance of Injury and Damages The successful bidder, its agents, sub-contractors and all workers and persons employed by it or under its control, shall use due care that no person, including anyone delivering waste and recyclable materials to the site, is injured and that no property is damaged in the prosecution of the work and the successful bidder shall be solely responsible for all damages to person or property incurred during the performance of the work. 13. Site Security The successful bidder shall be responsible for the security of its equipment and/or the equipment of any Sub-Contractor, stored on-site. 14. After Hours Phone Number The successful bidder shall provide to Niagara Region the name and phone number of an employee that can be reached 24 hours a day for emergencies. Any changes to the name and phone number must be reported to Niagara Region immediately. EQUIPMENT 1. Landfill Equipment The following equipment shall be provided by the successful bidder for full time operations: a) One (1) Landfill Compactor The landfill compactor shall be 2010 model or newer with no more than 8,000 original hours and specifically designed as a landfill compactor or a reconditioned landfill 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 51 of 86

53 APPENDIX D RFT PARTICULARS compactor unit that is a 2010 model or newer with less than 11,000 original hours on the main frame and no more than 2,000 hours on a rebuilt power train including engine, transmission, fuel system, torque converter, differential, and transfer case. A reconditioned unit shall be rebuilt using genuine Original Equipment Manufacturer (OEM) manufacture components and parts. A certified letter or certificate from a recognized rebuilder of landfill compactors including OEM warranty shall be supplied to Niagara Region, certifying OEM parts used tested and all work completed. At minimum shall have the following: i. Operating weight of 35,000 kg; ii. Flywheel Horsepower of 340 hp / 253 kw; iii. Landfill blade width of 4.27 metre (14 ft.), SU-shaped or U-shaped and of heavy duty construction; iv. Cab to be Roll Over Protection System (R.O.P.S.), fully enclosed with tinted glass; v. Cab to have more than one exit, sound suppression, and air conditioner; vi. Safety equipment including steps, railings and grab handles; vii. Sheet metal and guarding; viii. Machine paint is to be in good visual condition; ix. Wheels shall be compactor wheels conducive to compacting garbage. The wheels shall be new or rebuilt equipped with tips with a minimum compaction tip height of cm (7 inches) at the start of the contract. During the contract period, the tips of the compactor wheels must be replaced when the tip height is worn to 13.3 cm (5.25 inches) as measured from the base that the tip is welded to. The design of the teeth shall cause the compactor to: x. create a shredding effect to break the waste into smaller pieces, and; xi. provide compaction at a point below the drum contact point. b) One (1) Track Dozer Shall have no more than 5,000 hours and be no older than 2013 (year of manufacture). The dozer shall have the landfill package included that is specifically designed for landfill operations and a PAT (Power Angle Trim) blade with trash rack. At minimum, the dozer shall have : i. Flywheel Horsepower of 180hp; ii. Operating weight of 18,600 kg.; and iii. Cabin to be R.O.P.S., fully enclosed and air conditioned The serial number, hours and items included in the landfill package of the proposed machine shall be supplied to Niagara Region for verification T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 52 of 86

54 APPENDIX D RFT PARTICULARS c) One (1) 4WD Loader Shall have no more than 2,500 hours and no older than 2013 (year of manufacture). The serial number shall be supplied to Niagara Region for verification with the local equipment dealer. At minimum, the dozer shall have : i. Flywheel Horsepower of 140 hp. ii. Operating weight of 10,000 kg. iii. Bucket capacity of 2.3 cubic metres and be equipped with pallet forks iv. Cabin to be R.O.P.S., fully enclosed and air conditioned. All equipment listed above shall be for the exclusive use at the Niagara Road 12 Landfill Site operation. The successful bidder shall not use the equipment on other construction projects outside of the Niagara Road 12 Landfill Site without the written approval of the Commissioner of Public Works or his designate. 2. Additional Equipment The successful bidder shall supply the following equipment as required: i. Vehicle equipped with a water tank outfitted with spray bar and equipped for loading of tank; ii. Hydraulic excavator that is crawler mounted has a bucket equipped with a thumb, a minimum operating weight of 24,000 kg and a minimum flywheel horsepower of 180 HP; iii. Tandem Trucks (MTO Certified) and fully licensed. iv. Automatic tarping system for the application of non-woven cover. v. Loader mounted street sweeper. 3. Standby Equipment i. The successful bidder shall provide stand-by equipment for use when regular equipment is shut down for maintenance or repairs. The stand-by equipment shall be readily available to ensure continuous uninterrupted landfilling and waste and recycling drop-off depot operations. ii. It is not necessary that the stand-by equipment units be identical to the regular equipment from an age standpoint; only that they are capable of doing the work within a reasonable time and that uninterrupted continuity of operations is maintained. iii. If the landfill compactor, dozer or the 4WD loader is out of service for a period longer than one (1) week but no longer than three (3) weeks, the successful bidder shall replace the equipment with equipment identical in size and horsepower T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 53 of 86

55 APPENDIX D RFT PARTICULARS 4. Equipment for Waste and Recycling Drop-Off Depot Steel Containers (Bins) The successful bidder shall supply sufficient number of equipment or containers in good condition and no rust for receiving of materials, as necessary, to accommodate peak volumes of waste and recyclable materials. Niagara Region reserves the right to request that the successful bidder add containers, if required, to the contract at no additional cost. Currently the contactor has approximately 20 on site. Niagara Region may at any time request that these containers be cleaned and deodorized. As a minimum, the successful bidder shall provide sufficient capacity for each of the following waste and recyclable materials: i. garbage ii. shingles iii. scrap metal iv. white goods containing CFC s (removed) v. blue box materials (containers and plastic packaging) vi. grey box materials (paper, boxboard and plastic bags) vii. drywall viii. tires ix. cardboard x. hard plastics xi. C&D clean wood xii. C&D mixed wood xiii. ashes xiv. Styrofoam xv. porcelain The successful bidder shall: i. Supply a minimum of 20 - steel containers equivalent to the minimum height and capacity of a 40 yard bin, new or used and in excellent condition with no rust. Used containers shall be approved by Niagara Region. Alternative size bins may be considered providing that they provide sufficient capacity, and don t cause any health and safety concerns ii. Provide equipment or containers to ensure the gap between the container and the bay walls is minimized to eliminate potential injury to the public; iii. Supply equipment or containers with a mechanism in place, so rear door latching does not sustain damage by hitting the bay wall during loading and unloading; iv. Ensure any container removed from a bay will be immediately replaced with another container; v. The containers shall be painted, one colour to the satisfaction of Niagara Region. The containers shall be painted once at the commencement of the contract and again in 2021 (if requested by Niagara Region for containers that are no longer in good condition) T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 54 of 86

56 APPENDIX D RFT PARTICULARS vi. vii. The containers shall be maintained in good condition, safe and secure for haulage with appropriate safety chains on doors, and safe to use container rungs; Secure all containers with a metal or some type of solid lid at the end of each day; viii. Roll-off truck, with tarp system (MTO certified road legal, decaled with MOECC waste haulage number), or equivalent, as required to haul containers. ix. Two (2) sealed top minimum 10 yard containers, for blue and grey box material. Containers must be easily accessible for unload, by customers, with lockable doors. Alternatively successful bidder may choose to supply one (1) sealed top minimum 20 yard container, with two compartments for blue and grey box material. x. One (1) cover for keeping the cardboard dry at all times including during the operating day. xi. One (1) cover for keeping the Styrofoam dry at all times including during the operating day. xii. One (1) cover for keeping the drywall dry at all times including during the operating day. xiii. One (1) 4 yard container with lid and easy access for ashes to place into by residents. xiv. One (1) minimum 40 yard container or equivalent, sealed from weather for tires. If successful bidder is registered with Ontario Tire Stewardship (OTS) or the organization that replaces OTS, the successful bidder will also provide the haulage of tire to an registered processor. If the successful bidder is not registered with OTS, then they must reload tires from the on-site container into a container supplied by others. 5. Communication Equipment Minimum three (3) smart cellular phones or other communication devices for use by the successful bidder s staff at the Waste and Recycling Drop-Off Depot, compost facility (Loader Operator) and at the landfill working face. The phones are to be used for communicating at all times, between Regional staff and successful bidder s on-site staff. The successful bidder will be responsible for all costs including air time costs. 6. Minimum Requirement It is understood and agreed that the required equipment identified herein is to be taken as a minimum requirement. Niagara Region does not guarantee that the equipment specified will be adequate under all operating conditions. The successful bidder must furnish at no increase in cost to the contract, any additional pieces of equipment required for proper waste disposal operation, including all necessary stand-by equipment. 7. Alternate Equipment i. It is not the intent of these Deliverables to exclude any particular make or type of equipment T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 55 of 86

57 APPENDIX D RFT PARTICULARS ii. iii. iv. Alternative equipment may be bid in the Form of Tender. Such alternative equipment, with associated methods where applicable, shall be described in detail by the successful bidder on his/her own letterhead supported by technical literature and manufacturer's specifications where available, and with an explanation and proof as to why the proposed alternative equipment will give results equal to, or better than, those called for in the Deliverables, after six (6) months from start of contract. The successful bidder will be required to demonstrate that their proposed equipment and methods will meet the requirements and intent of the contract documents and Deliverables. An annual review of any successful bidder recommendations for alternate equipment may be considered. 8. Noise Suppression All equipment, including alternative equipment shall be supplied with noise suppression features such that noise levels shall meet the standard set out in the Ministry of the Environment NPC115 and the Municipal Noise Control By-laws. 9. Noise Monitoring The successful bidder shall operate all equipment in accordance with MOECC Noise Guidelines for Landfill Sites. As a minimum, every six months the successful bidder s and Region s representative shall check noise levels emitted by equipment used on site. The noise monitoring shall be done close proximity of area that the equipment is being operated and at the property line. 10. Equipment Maintenance The successful bidder shall properly protect the equipment and place it in the charge of competent operators. The successful bidder shall perform such daily maintenance and upkeep on all required equipment in accordance with the manufacturer's recommendations as to ensure minimum wear and maximum service life. The required equipment shall be utilized only in connection with the operations specified in this contract. All equipment shall be equipped and maintained with an automatic audible back-up alarm and a flashing strobe light. Air conditioner unit for each piece of equipment shall be in good working order during the times it is required. The successful bidder shall provide and maintain equipment in a condition that will minimize the cause of fires T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 56 of 86

58 APPENDIX D RFT PARTICULARS 11. Record Keeping and Reporting The successful bidder shall keep accurate record of all maintenance, including as a minimum: i. Lubrication performed; ii. Filter changes; iii. Fluid replacement; iv. Operating hours; v. Fuel usage; vi. Repairs and part replacement. The successful bidder shall submit electronic records monthly to Niagara Region 12. Fuel Tank The successful bidder shall provide at its own cost an approved above-ground tank, complete with spill containment, for the supply of fuel, or arrange for an alternate method to re-fuel the equipment regularly. The successful bidder is to take notice that there is no power supply close to the working face. If the fuel tank does not meet standards, Niagara Region will take action to install spill containment and the cost will be charged to the successful bidder. The successful bidder shall be responsible for all environmental and public health and safety impacts related to spills. The successful bidder shall meet all the required Provincial and Federal requirements for storage of fuel at the site T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 57 of 86

59 APPENDIX D RFT PARTICULARS WASTE DISPOSAL OPERATIONS 1. Scope of Work The successful bidder shall provide labour, material and equipment to receive waste, spread and compact waste, cover the waste and carry out other functions associated with operating the waste disposal site in accordance with the Environmental Compliance Approval (ECA), Regulation 347, and MOECC Standards and Guidelines. The contract includes, but is not limited to, the following work: a) Landfill Operations: i. Overseeing the unloading of waste from vehicles and controlling traffic ii. Receiving, spreading and compacting waste iii. Covering all waste each day, with alternate daily cover (ADC) approved by Niagara Region or soil. iv. Covering all waste with interim cover, in areas where final contours have been reached, or areas where landfilling will not occur for a period of more than two (2) months. v. Hauling soil from soil stockpiles to the working face for use as daily cover and interim cover. vi. Hauling Alternate Daily Cover (ADC) materials from stockpiles to the working face for use as daily cover vii. Positioning portable litter screens near working face to capture blown litter viii. Picking-up litter and materials that escape from the working face each day ix. Stripping daily and interim cover from previous lifts b) Stockpiling, Loading and Hauling Materials i. Construction and demolition (C&D) wood, shingles are collected at the residential waste and recycling drop-off depot. These loads are hauled and stored in a stockpile on site. The successful bidder is responsible to manage the stockpile, as directed by Niagara Region. ii. Soil and brush are delivered by customers into designated stockpiles. The successful bidder will push and manage the stockpiles. The soil stockpile will be left in a smooth and finished grade. iii. Wood chips created after grinding of brush and C&D wood are left in a stockpile. The successful bidder will be responsible to manage the stockpiles after grinding is completed. iv. Maintain stockpiles, by pushing stockpiles each day. v. Remove contamination from stockpiles. vi. Load concrete, asphalt and other rubble material and haul to off-site recycling facilities. vii. Load C&D wood and haul to off-site recycling facilities T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 58 of 86

60 APPENDIX D RFT PARTICULARS viii. Load shingles onto bins, trucks or tractor trailers of others, who will haul to off-site recycling facilities. ix. Load porcelain into bins, trucks or tractor trailers of others, who will haul to off-site recycling facilities. x. Load any additional deliverable material into bins, containers, or trailers of others, who will haul to off-site recycling facilities c) Construction and Maintenance of Access Roads i. Maintaining all on-site access roads. ii. Maintaining proper surface water flow throughout the waste disposal fill area to ensure adequate drainage to the perimeter ditches and storm ponds 2. Waste Quantities The Environmental Compliance Approval of the Niagara Road 12 Landfill Site allows for the disposal of non-hazardous solid waste generated within the boundaries of the four local Municipalities (West Lincoln, Lincoln, Grimsby and Pelham). Daily tonnage rates may vary between 40 tonnes to 350 tonnes per day with an average of 65 tonnes/day. The quantity of waste delivered to the Landfill site will fluctuate considerably, daily, weekly and monthly. There is also considerable fluctuation in the time of arrival each day. These are conditions over which Niagara Region has no control. Any fluctuation in the daily rate shall not be considered as the basis for any claim for additional payment by the successful bidder. 3. Cell Development and Construction Site rehabilitation including placement of final cover and seeding will be done by others under separate contract. A new engineered landfill cell will be constructed during the term of this contract. The work will be tendered and construction done under a separate contract. The successful bidder shall recognize that another contractor will be doing work in the same general area of the landfill and shall cooperate with Niagara Region in coordinating the work. 4. Control of Dumping The successful bidder shall: i. direct trucks, other vehicles into proper dumping location; ii. not allow any single axle vehicles to unload in at the working face, unless approved by Niagara Region; iii. direct vehicles for unloading of waste at the working face; 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 59 of 86

61 APPENDIX D RFT PARTICULARS iv. inspect each load of waste tipped at the working face to determine eligibility for acceptable waste materials; v. keep the width of the dumping/unloading area as narrow as possible, but wide enough for vehicles to operate safely; vi. keep the width of the working face a minimum of at least three (3) times the width of the compactor blade, and no longer than 20 metres; vii. keep commercial vehicles separate and at a safe distance from other smaller vehicles; viii. maintain an orderly traffic flow and co-operate at all times with all persons delivering waste to the site; ix. the successful bidder shall provide a traffic control plan to Niagara Region prior to the start of the contract. The traffic control plan should include details regarding how traffic is regulated at the Waste and Recycling Drop-Off Depot, compost facility and landfill tipping face. The traffic control plan should be reviewed at Quarterly performance meeting or more frequently if required. x. the successful bidder shall not operate equipment at any time, near vehicles and people unloading waste; xi. install and maintain two signs at the waste disposal area for: instructing on disposing of waste at designated location, and warning of heavy equipment or truck movement; Note: Niagara Region will supply the above signs. xii. supply, place and maintain necessary barriers for traffic control at the tipping area 5. Waste Inspection The successful bidder shall: i. Observe/Inspect waste being dumped and identify unauthorized, unknown material or suspicious waste; ii. Question the driver of the source and type of waste if unknown materials or suspicious waste is found. The unknown materials or suspicious waste shall be segregated from the rest of the waste and immediately notify Niagara Region s representative; iii. load The unknown materials or suspicious waste onto vehicles of others, at no additional cost to Niagara Region. iv. Not bury unknown materials or suspicious waste or prohibited wastes such as liquids, sludge s, drums, barrels, dusts powders etc.; v. Not accept empty containers that may have contained hazardous or toxic materials vi. Provide a minimum of three (3) small bins to facilitate the separation of recyclables at the working face T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 60 of 86

62 APPENDIX D RFT PARTICULARS 6. Methods of Waste Disposal Operations Niagara Region has an Operations Plan and the successful bidder shall follow the Operations Plan as amended from time to time. The successful bidder will have an opportunity to review the document as it is amended from time to time. a) Spreading and Compacting Waste The successful bidder shall: i. keep the width of the working face a minimum of at least three (3) times the width of the compactor blade, and no longer than 20 metres; ii. keep the width of the working face narrow; iii. spread wastes in 0.3 metre to 0.6 metre layers (1 to 2 feet), preferably pushing up the working face, use a 4:1 slope or less on the working face; iv. use the landfill compactor each day including Saturdays and Statutory Holidays to compact all waste received. v. compact the waste; including all sides of a waste cell, as per the SWANA requirements per the MOLO documentation; vi. ensure grade stakes are protected from damage by landfill equipment, as well as other infrastructure e.g. monitoring wells, finger drains, litter fences, manholes, culverts, etc.; vii. compact the waste to achieve a minimum compaction rate of 800 kilograms per cubic metre (kg/cu.m). The compaction rate is defined as the total tonnage of waste (as measured by weigh scales) divided by the total volume of waste and daily cover material, (as measured by surveys); viii. use the dozer to push the waste off the tipping pad towards the working face where the landfill compactor will be used to spread and compact the waste. ix. not operate the landfill compactor on the tipping pad where vehicles are required to back up for unloading. Record geographical positioning system (GPS) coordinates of the working face location daily. The successful bidder shall submit these coordinates to Niagara Region monthly, in a spread sheet format that is acceptable to Niagara Region. During the term of this contract, once a new landfill cell is constructed the successful bidder may be required to place garbage on top of the liner in the newly constructed cell. This first lift shall be placed one to one and a half (1 to 1 1/2) metre thickness and pushed with a dozer to prevent frost and damage to the leachate collection system and remoulded clay base. During this first lift the compactor must not be used to avoid damage to the leachate collection system and landfill liner T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 61 of 86

63 APPENDIX D RFT PARTICULARS b) Compaction Test Compaction tests will be done one/two times per year at the discretion of Niagara Region. The successful bidder will be required to prepare a cell and construct soil stockpiles required for covering the garbage during the test period. Niagara Region will be responsible for the field surveys and calculating tonnes of waste received, volume of material used for daily cover, volume of space used and density. Niagara Region s calculation will be final. Should the successful bidder fail to achieve the minimum density of 800 kg/cubic metre, a penalty of $1,000 per month will apply until the next compaction test is completed. The successful bidder shall make all necessary changes to method of operation that will achieve minimum compaction rate. Niagara Region shall arrange for surveys and placement of grade stakes to guide the successful bidder in landfilling to final approved elevation. c) Covering All Waste Waste must be covered daily by successful bidder. Whenever possible the successful bidder must use alternate daily cover. Approved Alternate Daily Cover (ADC) includes; non-woven tarps and C&D woodchips in conjunction with non-woven tarps. At Niagara Region s discretion, soil may be used. The daily cover shall be placed following proper compaction and grading of waste to minimize the number of voids in the waste and volume of cover material used. If unable to use non-woven tarps, then place a minimum 15 cm thick, continuous layer of soil or C&D woodchips supplied by Niagara Region. At the end of each day, the successful bidder shall place ADC or soil daily cover and ensure that no garbage sticks out of the cover material or is visible. Niagara Region shall be the sole judge in determining if adequate cover has been placed by the successful bidder. The successful bidder shall: i. Trim the waste as smooth as possible to reduce the ADC or soil used for daily cover; ii. At the end of each working day, or during the day, the waste shall be covered completely; iii. Spread additional ADC or soil over areas where the daily cover has washed out and/or garbage is protruding out of the ADC or soil. The work shall be completed on the same day of the successful bidder receiving instructions from Niagara Region; 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 62 of 86

64 APPENDIX D RFT PARTICULARS iv. Haul ADC or soil, from stockpiles to the working face, at no additional cost to Niagara Region; v. Keep a monthly inventory of cover materials that are available for daily and interim cover. This volume should be reported in the monthly inspections; vi. Maintain supply of cover material equal to two days requirement, near the working face. In addition to applying daily cover the successful bidder will be responsible for Covering all waste with interim cover, in areas where final contours have been reached, or areas where landfilling will not occur for a period of more than two (2) months. d) Alternate Daily Cover Non-Woven Tarps The successful bidder shall use non-woven tarps during periods suitable for covering waste with this material and at the direction of Niagara Region. The successful bidder will: i. place sufficient fabricated panel(s) of non-woven tarps to cover the entire working face; extending two metres outside the working face ii. use an automatic tarping system to place the non-woven tarps; iii. secure the edges of the non-woven tarps, to ensure it will hold in place iv. The following day, remove tarps in a safe manner by 8:00 am. 7. Handling Special Waste a) Bulky wastes The successful bidder shall: i. Place bulky waste at the bottom of the slope and compact other waste around it. b) Tires The successful bidder shall remove tires from the waste, haul to the Waste and Recycling Drop-off Depot and place clean tires with no rims in a separate bin dedicated for tire recycling. If any tires with rims are found on site, the successful bidder will be responsible for removing the rims off the tire and placing the tire in the tire bin and the rim in the scrap metal bin. c) Asbestos/Dust/Other Materials As required, the successful bidder shall: i. excavate an area for disposal of asbestos, at no additional cost to Niagara Region; (the receives on average -5 to 10 loads per year) ii. record GPS location of area where any asbestos was disposed; 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 63 of 86

65 APPENDIX D RFT PARTICULARS iii. place asbestos/dust material waste in a separate area designated by Niagara Region. cover immediately and carefully to minimize airborne particles; iv. ensure equipment operators wear approved masks or respirators when handling special wastes; v. adhere to the MOECC Regulation 347 for the Handling, Packaging, Transportation and Disposal of Asbestos. d) Plastics and Lightweight Materials The successful bidder shall keep plastics and lightweight materials from being blown away by wind. The successful bidder shall immediately cover plastics and lightweight materials with waste or cover materials to prevent blowing litter. e) Other Wastes The successful bidder shall take precautions in handling other waste that may be delivered to the landfill site including catch basin cleanings, road sweepings, sawdust, foundry sand, etc. 8. Stockpiling, Loading and Hauling Successful bidder shall be responsible to stockpile materials hauled to the site, including soils, brush, C&D clean wood, wood chips, shingles, concrete, asphalt and rubble, as well as any other materials. a) Soils The successful bidder shall stockpile the soil delivered to the landfill site in areas designated by Niagara Region. Quantities to be stockpiled at no additional cost to Niagara Region may vary, but will not exceed 600 cubic metres per day. Create separate stockpiles for use as daily cover and/or road construction; b) Brush The successful bidder shall direct customers to drop-off brush at the brush area. The successful bidder shall push the brush into a stockpile at no extra cost to Niagara Region, and maintain the brush pad for safe customer use. The successful bidder is responsible to remove any contamination in brush stockpile. c) Construction and Demolition (C&D) Wood and C&D Clean Wood The successful bidder shall push the construction and demolition (C&D) wood into a stockpile and maintain the stockpile at no extra cost to Niagara Region. The successful bidder is responsible to remove any contamination in the C&D wood stockpile T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 64 of 86

66 APPENDIX D RFT PARTICULARS When a sufficient volume of C&D wood material is stockpiled, Niagara Region shall be responsible to arrange for the grinding of the C&D wood by others. The successful bidder will be responsible to supply a bin during the grinding operation for the overs and contaminants generated by the grinding operation. The successful bidder will be responsible to haul this material, at no additional cost, to an area onsite designated by Niagara Region. The successful bidder will be responsible at their own cost for hauling C&D wood chips to the working face for cover material. The successful bidder shall separate any clean wood from the C&D wood. Clean wood is wood that is free of paints, stains, treatments, plastics, laminates, glues, additives, adhesives, large hardware and upholstery. Examples of Clean Wood are clean lumber and skids. Clean wood will be sent off-site for recycling. The successful bidder will be responsible to load and haul (In a bin, truck or trailer) the C&D clean wood to a recycling facility within 70 km (one way) of the Niagara Road 12 Landfill Site. d) Concrete, Asphalt, and Rubble The successful bidder shall maintain bunkers at no extra cost to Niagara Region to assist residents in the separation of concrete, asphalt, and rubble. The bunkers may be increase in size to accept enough material to be stored onsite prior to loading and haulage offsite. The successful bidder shall push excess concrete, asphalt and rubble into a stockpile at no extra cost to Niagara Region. The successful bidder is responsible to remove any contamination in concrete, asphalt, and rubble bunkers and stockpiles at no extra cost to Niagara Region. The successful bidder will be responsible to load and haul the concrete, asphalt and or rubble in a suitable bin, truck or trailer to a recycling facility (currently Walker s Environmental, 2800 Thorold Townline Rd, Niagara Falls, Ontario L2E 6S4) within 30 km (one way) of the Niagara Road 12 Landfill Site. Material that can not be recycled will be moved to a stockpile onsite, designated by Niagara Region at no additional cost. e) Shingles The successful bidder shall push shingles into a stockpile at no extra cost to Niagara Region T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 65 of 86

67 APPENDIX D RFT PARTICULARS The successful bidder is responsible to remove any contamination in the shingle stockpile. The successful bidder will be responsible for loading shingles into bins, trucks or tractor trailers supplied by others, for off-site recycling (currently Walker s Environmental, 2800 Thorold Townline Rd, Niagara Falls, Ontario L2E 6S4) within 30 km (one way) of the Niagara Road 12 Landfill Site.. 9. Portable Litter Fences At the commencement of the contract, Niagara Region shall supply five (5) portable litter fences. The successful bidder shall: i. each day, position the portable litter fences downwind of the active working face to keep litter from leaving the site. Place the fences as close as possible to the working face; ii. remove all litter and debris from the portable litter fences each day, and more than once per day when necessary. iii. be responsible for the cost of repairs and replacement of the portable litter fences during the duration of the contract. Niagara Region will arrange for the repairs; 10. Control of Surface Water Run Off The successful bidder shall ensure to divert any surface water flow from coming into the working face and shall keep all areas properly graded to prevent ponding of water on top of the landfill site. The successful bidder will ensure that all ditches are remain clear of debris and obstruction 11. Prevention and Repairs of Leachate Seeps The successful bidder shall ensure that there is a hydraulic connection at all times within layers of garbage and that there is not a barrier preventing contaminated water (leachate) from penetrating its way through the garbage into the leachate collection system. If a leachate seep is found on any areas that the successful bidder landfills under this contract, the successful bidder shall immediately repair the leachate seep under Niagara Region s supervision and all cost including supply of stone will be the responsibility of the successful bidder T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 66 of 86

68 APPENDIX D RFT PARTICULARS WASTE AND RECYCLING DROP-OFF DEPOT 1. Scope of work The successful bidder shall provide labour, material and equipment to receive waste and recyclable materials, direct traffic, haul waste containers to the landfill working face, haul recyclable materials to recycling facilities, supply steel containers, and clean up garbage that spills from the containers or is blown from the depot. The Region s objective is to maximize the tonnages of recyclables collected and minimize the amount of waste hauled to the landfill. The work includes, but is not limited to the following: i. Receiving larger loads of waste at a tipping pad located in the lower level of the drop-off depot; ii. Loading the waste from the tipping pad into the containers for haulage to on-site stockpiles or to the landfill working face; iii. Hauling containers from drop-off depot to the landfill working face; iv. covering full and partially full, steel containers with solid lids or an alternate solid cover each night; v. Cleaning of the area under the containers after each time a container has been removed; vi. Hauling recyclable materials to recycling facilities; vii. Preparing electronics for shipment; viii. Preparing mattresses and box springs for shipment; ix. Preparing for the bulky plastics for shipment x. Preparing any other divertible material for shipment; xi. Picking-up litter and materials on and around the drop-off depot The successful bidder is responsible to: i. Arrange for a qualified person to remove CFC's from fridges, freezers, water coolers, air conditioners dehumidifiers. Copy of the tickets will be supplied to Niagara Region. ii. Load the white goods into the 40 yd. Steel containers. iii. Load recyclable materials, that are not hauled by the successful bidder, into the bins, trucks or tractor trailers of others. iv. Once per day or more frequently if required, magnetically sweep the entrance road, scale approaches and ramps, scales, waste and recycling drop-off depot, and lower pad dropoff area for ferrous material that may puncture tires on a daily basis. Magnetic sweeping may need to occur more often in certain areas depending on conditions. v. Record and submit a daily electronic record to Niagara Region detailing the status of all containers and material on the drop-off depot. The record will include but is not limited to how full or empty containers are, a count of divertible items (mattresses, electronics and any other additional material), and any other information requested by Niagara Region T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 67 of 86

69 APPENDIX D RFT PARTICULARS vi. vii. Loading skids of electronics into a temporary storage container or onto a trailer. The trailer is hauled by OES approved transporters to licensed facilities Loading into bins waste materials dumped in the designated dump pad area located in the lower level 2. Duties of Attendants a) General: i. Inspecting, directing, and assisting customers at the waste and recycling drop-off depot; ii. Inspect each load for acceptable waste and recyclable materials that can be separated for recycling; iii. Instruct every customer where to place the recyclable materials or waste; iv. Direct vehicles to safely back into the assigned bay or location; v. Ensure customers safely unload their vehicles; vi. Ensure customers are adhering to Niagara Regional Niagara By-Law No , a by-law to regulate the use of the waste management system; vii. As necessary, safely assist customers with disabilities, to unload; viii. Ensure customers separate all recyclable materials and place in designated containers; ix. Perform traffic control and ensure that vehicles enter and leave the drop off depot in a safe manner; x. Direct customers to divert all recyclable material in the appropriate container prior to directing vehicles to the tipping pad drop-off area below to deposit waste; xi. Immediately report any incidents or complaints from customers to Niagara Region s representative; xii. Direct customers with household hazardous waste to the HHW depot; The successful bidder will be responsible to move any household hazardous waste that was incorrectly received at the waste and recycling drop-off depot to the Household Hazardous Waste Drop-Off Depot within two hours of receiving the waste; xiii. Direct customer with reusable goods to the Reusable Goods Drop-off Depot. b) Maintenance and labour: i. Separate and place the electronics (televisions, computers, monitors, etc.) in boxes or on skids and shrink wrap the skid; ii. Complete Bill of Lading as required by Ontario Electronics Stewardship (OES) and Ontario Tire Stewardship (OTS) ; iii. Separate and stack mattresses and box springs until they can be loaded into a trailer for recycling; iv. Count and keep accurate record of number and types of tires; v. Ask residents to drop off bicycles at the Re-usable good drop off. If bicycles are identified, set aside and arrange to be brought to the Re-usable building T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 68 of 86

70 APPENDIX D RFT PARTICULARS vi. Remove any contaminants from containers containing divertible materials; vii. Remove any divertible materials from waste containers: viii. Keep the lower level free of debris; ix. Keep the waste and recycling drop-off depot clean and free of blowing litter; including using a magnet to pick up any nails and sharp objects on the upper and lower level, entrance and exit roads and both weigh scales; x. Sweep both weigh scale weekly or more frequently as required; xi. Shovel snow as necessary, to ensure the waste and recycling drop-off depot is kept free of snow and ice. Spread sand at the waste and recycling drop-off depot; Shovel snow and spread ice melter on deck of weigh scales and walkways to the scalehouse. Keep area around the scale clear of snow, to prevent snow building up under the scale; xii. Other maintenance work as assigned by Niagara Region; xiii. Replace full Styrofoam bags with empty bags and store Styrofoam bags in the container or as directed by Niagara Region; xiv. Remove waste and recycling material set out by Niagara Regional Staff at the scalehouse building, site office building and from the attendants at the Reusable Goods Drop-off Depot and the HHW building. xv. Transfer recycling containers from the onsite storage container to the Reusable Drop-off Depot as needed by the depot operator for sale to residents. c) Customer Service: The successful bidder s employees shall be, courteous, and respectful in dealing with customers and all successful bidder s employees shall be trained and knowledgeable in customer service and Niagara Region s waste diversion programs. The employees shall exercise good public relations in performing the work under this contract. 3. Use of Waste and Recycling Drop-off Depot Customers who bring waste to the Niagara Road 12 Landfill Site will be directed, at the sole discretion of Niagara Region, to the waste and recycling drop-off depot. Niagara Region, at its sole discretion, may shut down the waste and recycling drop-off depot due to weather. If conditions permit, residential vehicles may be directed to the landfill working face or the tipping pad below T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 69 of 86

71 APPENDIX D RFT PARTICULARS 4. Estimated Volumes The amount of waste delivered to the waste and recycling drop-off depot fluctuates seasonally weekly and daily. Niagara Region cannot guarantee minimum or maximum tonnes. The waste volumes may range as follows: Mondays to Fridays (closed Mondays): between 5 and 60 tonnes per day Saturdays and Statutory Holidays: between 8. and 75 tonnes per day Below is the tonnes of materials hauled from the Drop-off Depot during the last three years. The Region cannot guarantee the annual tonnes. The information is provided as a guide only. Niagara Road 12 Landfill Waste and Recycling Drop-Off Depot Year Average Loads Tonnes Loads Tonnes Loads Tonnes Tonnes Haul Containers (Waste) to Working Face 693 3, , Haul C&D to Scrap Wood Stockpile 250 1, , Haul Tires Haul Drywall Haul Metal & White Goods Haul Cardboard Haul Recyclables Haul Recyclable Wood Haul Mixed Plastic Haul Concrete Load s 5. Operations of Tipping Pad on Lower Level of Drop-Off Depot The successful bidder shall inspect, separate recyclables and load waste dumped in the lower pad into waste containers. The successful bidder will be responsible to provide small containers at the tipping pad for recyclable materials. If any recyclables are left at the tipping pad, then it will be the successful bidder s responsibility to separate these materials in a safe manner before loading the remaining waste T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 70 of 86

72 APPENDIX D RFT PARTICULARS 6. Waste Diversion Activities Niagara Region currently diverts the following materials at the waste and recycling drop-off depot: i. blue box materials (containers and plastic packaging) ii. grey box materials (paper, boxboard and plastic bags) iii. Cardboard iv. Scrap metal v. Drywall vi. Tires vii. Electronics viii. Reusable goods ix. Styrofoam x. Hard plastics xi. Clean wood xii. C&D mixed wood xiii. Shingles xiv. Mattresses xv. Porcelain xvi. white goods containing CFC s (removed) xvii. ashes The Region will continue to explore new options for diverting other materials (such as carpets etc.) currently in the waste stream. The successful bidder will be responsible for providing two (2) containers and separating new divertible materials at no additional cost to Niagara Region during the contract period. These bins are included within the requested 20 bin supply as stated in EQUIPMENT 4. Equipment for Waste and Recycling Drop-Off Depot, Steel Containers Bins Within six months of start of contract, the successful bidder shall provide to Niagara Region a detailed written description of any equipment and methods proposed to increase diverted volumes of recyclable materials. This written description shall be the site diversion plan and will be amended from time to time by Niagara Region in consultation with the successful bidder. 7. Haulage of Containers On-Site The successful bidder shall: i. Weigh and then haul the containers from the drop-off depot to the landfill working face or stockpiles. The successful bidder shall take all precautions; including using tarps on the containers to ensure that no litter or waste falls off the containers while hauling refuse containers to the landfill working face 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 71 of 86

73 APPENDIX D RFT PARTICULARS ii. iii. iv. Haul waste containers from the waste and recycling drop-off depot to the working face; Load and haul shingles containers from the waste and recycling drop-off depot to the shingles stockpile; off-site haulage of shingles is done under a separate contract Haul C&D mixed wood containers from waste and recycling drop-off depot to the C&D mixed wood stockpile; v. Place one of the spare containers in place of any containers being removed from any bays; vi. Not leave full containers on site at the end of each day. vii. Niagara Region may, at its discretion, request the successful bidder to empty partially full containers. 8. Haulage of Containers Off-Site The successful bidder will be responsible to haul: i. Drywall materials to designated facilities, within 205 km, round trip of the depot; ii. Scrap metal and white goods to facilities within 50km of the landfill site; iii. Blue/Grey box recyclable materials, cardboard, hard plastics and Styrofoam to The Recycling Centre, 4935 Kent Avenue, Niagara Falls which is 50 km from the landfill site; iv. Clean wood to designated facilities, within 50km of the landfill site; v. Concrete to a designated facility within 50 km of landfill site Niagara Region will pay the costs (if any) to tip materials at the recycling facilities. Similarly, revenues, if any, from the sale of the recyclables will be retained by Niagara Region. The successful bidder shall: i. Weigh all full containers before emptying on-site or to a off site facility. ii. Place one of the spare containers in place of any containers being removed from any bays. iii. Not leave full containers on site for more than a 24 hour period. Niagara Region may at its discretion request the containers be emptied. a) Electronics The successful bidder shall be responsible to receive and package the electronics. The successful bidder must supply all labour and equipment to undertake this work. As minimum, it includes separating the various classes of electronics, placing on skids or Gaylord boxes, shrink wrap each skid, and transferring skids and Gaylord boxes into temporary storage containers or onto a trailer. All skids and Gaylord boxes shall be covered at the end of each day T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 72 of 86

74 APPENDIX D RFT PARTICULARS The successful bidder shall transfer skids and Gaylord boxes to temporary storage containers or onto a trailer at no additional cost to Niagara Region. The haulage of electronics is contracted by Ontario Electronic Stewardship (OES) and is not part of this contract. However, if the successful bidder is registered with OES they may be hauling the electronics to distributing centers as directed by OES. b) Tires The successful bidder shall be responsible to handle the tires when they are dropped off at the residential waste drop-off depot. The successful bidder must supply all labour and equipment to track the number and types of tires received and place in a designated bin supplied by others. The count and type of tires will be given to Niagara Region once the bin is full. The successful bidder shall not accept tires on rims. If tires on rims are found at the dropoff depot, the successful bidder shall remove the tire from the rim and place the rim in the scrap metal bin and the tire in the tire bin. Tires on rims shall be stored at the maintenance building, until a time when the rims can be removed, no tires on rims shall be stored for a period longer than 2 weeks at the maintenance building. No more than 10 tires may be stored on the asphalt pad at the drop-off depot, before being loaded into the designated tire container. Currently the haulage of tires is contracted by Ontario Tire Stewardship (OTS) and is not part of this contract. At the end of 2018 OTS will no longer be coordinating the used tire recycling program. Niagara Region will determine if tires will continue to be collected based on the new regulations. c) Mattresses The successful bidder shall be responsible to separate, sort and stack mattresses received at the drop-off depot. Mattresses shall be kept dry when stored on the depot.. Alternatively the successful bidder may load them immediately into the trailer. The successful bidder shall be responsible for sorting the mattresses by size and loading them in to a trailer provided by Niagara Region. The successful bidder will keep a count of the mattresses. The mattress count shall be recorded daily and sent electronically to Niagara Region once the trailer is full. d) White Goods The successful bidder shall be responsible for removal and disposal of CFC s or related compounds contained in any white goods or appliances received at the drop-off depot. White goods or other appliances containing CFCs will not be handled in a manner where 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 73 of 86

75 APPENDIX D RFT PARTICULARS CFCs can be released into the environment. After the CFCs have been properly and safely removed by qualified technician, the appliances shall be placed in a recycling bin. No more than 50 units should be on site waiting to remove the CFC s 9. Maintenance of Drop-Off Depot The successful bidder shall at no cost to Niagara Region clean all waste spilled on the upper level and lower level pad. The work shall be done every day and each time a bin is removed from a bay. Maintaining the residential concrete/asphalt/red brick bunkers and moving concrete/asphalt/red brick to stockpiles as required T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 74 of 86

76 APPENDIX D RFT PARTICULARS OPERATION LEAF AND YARD WASTE MATERIALS COMPOSTING FACILITY 1. Scope of Work Composting of leaf and yard waste including receiving, pre-processing, processing, curing and screening in accordance with the Ministry of the Environment Composting Standards and Guideline, as amended from time to time. Composting Operations i. Composting leaf and yard waste including receiving, pre-processing, processing, curing and screening in accordance with the Ministry of the Environment Composting Standards and Guideline, as amended from time to time. ii. Receiving includes ensuring only acceptable leaf and yard waste is received; removing any contaminants and segregating materials. iii. Pre-processing includes debagging/removal of contaminants, blending feedstock and amendment materials as required. iv. Processing includes placing feedstock into windrows, turning windrows (at least five times during high temperature period), removing contaminants from windows, monitoring (temperature, moisture). v. Curing moving windrows as required, turning and watering compost in order to produce a finished product. vi. Screening includes providing equipment for screening the finished compost to meet AA compost standards for the material to be bag for Niagara Region. The material that the successful bidder maintains must at least meet A standard according to MOECC. The successful bidder will be responsible for removing any contamination from the overs and reintroducing them into new windrows. 2. Operator The successful bidder shall provide one (1) operator qualified in composting during the following days and hours: i. Tuesday to Friday 8 a.m. to 5 p.m. ii. Saturday and Statutory Holidays 8 a.m. to 4 p.m. The operator should be certified through the Canadian Compost Council or SWANA as a compost operator. Niagara Region will allow the successful bidder to obtain this accreditation within six (6) months of the commencement of the contract. The successful bidder shall pay the cost of personnel training. Copies of Certificates received by the successful bidder's employees shall be filed with Niagara Region T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 75 of 86

77 APPENDIX D RFT PARTICULARS 3. Duties of Operator Leaf and Yard Waste Compost Facility As a minimum the operator shall be responsible for: i. Receiving includes ensuring only acceptable leaf and yard waste is received; removing any contaminants, segregating materials, etc. ii. Pre-processing includes debagging/removal of contaminants, blending feedstock and amendment materials as required, etc. iii. Processing includes placing feedstock into windrows, combining windrows, turning windrows (at least five times during high temperature period), monitoring (temperature, moisture, etc.). iv. Curing includes moving the material, placing the material in a separate curing area on the pad, turning at least once a month, monitoring temperature weekly, screening, etc. v. Recording weekly volumes of each windrow, volume of curing compost on the pad, and volume of brush stockpile. Volumes, temperatures, number and date of turns are to be provided electronically. Niagara Region will provide a excel template that the successful bidder will be required to input volumes and temperatures into. vi. Removing any contamination from the feedstock or compost material. vii. After screening, reincorporate organic material from overs into new windrows and haul contaminated overs to the landfill. viii. Pushing brush in to a neat stockpile. Brush will be ground by another contractor. ix. In 2017 approximately 1,468 tonnes of brush and 1,024 tonnes of leaf and yard waste were delivered to the site. At the start of the contract, the successful bidder shall verify volumes of composting material that will be on site and carry out composting operations of this material and all other feedstocks that will be delivered to the site. Niagara Region is responsible for grinding of the brush and compost. In general brush grinding occurs twice per year. The successful bidder will be responsible for providing a bin for overs from grinding and will be responsible to haul this material to the landfill tipping face. Niagara Region will retain ownership of the brush and ground brush woodchips. The successful bidder will be able to use the ground brush woodchips as a compost amendment for onsite compost production. The amount of ground brush woodchips used by the successful bidder will mutually agreed upon 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 76 of 86

78 APPENDIX D RFT PARTICULARS 4. Equipment The successful bidder shall supply equipment, for watering windrows. The successful bidder shall provide equipment for screening the finished compost to to meet the requirements of Compost Categories AA under the MOECC Compost Standard for the material to be bagged for Niagara Region. The material that the successful bidder maintains must at least meet A standard according to MOECC standards. The successful bidder shall provide compost thermometers for obtaining accurate daily temperature measurements. 5. Sampling and Analysis of Finished Compost Sampling of all finished compost will be done by Niagara Region and analyzed by others. 6. Ownership of Finished Compost The successful bidder shall own the finished compost and be responsible for the marketing, sale, loading and haulage of the finished compost. Once Niagara Region has sampled the compost and confirmed it is a finished compost product, the successful bidder will have three months to remove the finished compost from the site. Niagara Region will retain ownership of between 3,000 to 6,000 bags of compost per year. These 3,000 to 6,000 bags of compost will be provided by the successful bidder to Niagara Region before April 1 each year at no cost. The bagged compost delivered to Niagara Region shall be a minimum 20 liters per bag and not be labeled or branded in any fashion. The compost marketed to the public shall not reference the source or in any manner identify the compost as coming from Region landfills. Successful bidder shall be responsible for all claims arising from the marketing, sale, loading and haulage of the finished compost and, without limiting any other indemnity referenced in this bid solicitation or the form of Agreement Terms and Conditions incorporated by reference shall indemnify and save harmless Niagara Region from any and all claims arising from such marketing, sale, loading and haulage by the successful bidder and from any claims arising from defects in the quality of the compost delivered to Niagara Region for its use in accordance with the terms of this section Payment The successful bidder shall provide a monthly invoice which shall include labour, material and equipment for all work completed at the leaf and yard waste composting facility. No additional payment shall be made by Niagara Region T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 77 of 86

79 APPENDIX D RFT PARTICULARS B. Material Disclosures Annual Price Adjustment : The unit prices tendered in the Form of Tender shall apply for the period from September 3, 2018 to September 3, 2019, inclusive. The unit prices shall be adjusted effective September 3, 2019 for the one year period from September 3, 2019 to September 3, 2020, and so on for each subsequent contract years, by the respective percentage increase or decrease in the Consumer Price Index, all Ontario. The first increase shall be based on July 2018 to July 2019 CPI. Refer to Statistics Canada website Stats Canada Consumer Price Index ( for sample calculations of unit price adjustment and information regarding Consumer Price Index (Ontario). C. Mandatory Requirements 1. Form of Tender (Appendix B) Each bid must include a Form of Tender (Appendix B) completed and signed by an authorized representative of the bidder. 2. Pricing Form (Appendix C) Each bid must include a Pricing Form (Appendix C) completed according to the instructions contained in the form. 3. Bid Security Bids shall be accompanied by a deposit in the form of a CERTIFIED CHEQUE, BANK DRAFT or BID BOND, in the amount of $100, made payable to The Regional Municipality of Niagara (the Bid Deposit ). Bid Deposits will be returned to unsuccessful bidders at such time as the earliest of the following occurs: the contract is entered into between Niagara Region and a selected bidder; the RFT is cancelled; or the bid irrevocability period expires. The Bid Deposit of the selected bidder be held until all conditions of award, as set out in Appendix E Conditions of Award have been satisfied and the Contract has been duly executed by the selected bidder and Niagara Region. Failure by the selected bidder to satisfy all conditions of award and execute the contract with Niagara Region shall be just cause for the forfeiture of the Bid Deposit to Niagara Region, not as a penalty, but as liquidated damages sustained. Bidders should note that no interest will be paid for Bid Deposits retained and/or cashed by Niagara Region and bidders are deemed to have made due allowances for this requirement in their bid price T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 78 of 86

80 APPENDIX D RFT PARTICULARS 4. Letter of Intent (Appendix H) Bidders must include a Letter of Intent To Issue an Irrevocable Letter of Credit for Performance Sureties from a recognized Surety Company licensed to operate in Ontario, addressed to the Regional Municipality of Niagara, for the amount of $100, Such letter must be satisfactory to the Region. 5. AODA Standards of Accessibility Compliance Information and communications (without limitation, documents, materials and presentations) provided to Niagara Region as part of the Deliverables, which shall be posted to Niagara Region s website shall be provided in an AODA compliant format, specifically without limitation, meaning that the said documents must conform to World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 Level AA T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 79 of 86

81 APPENDIX E CONDITIONS OF AWARD Appendix E Conditions of Award The selected bidder must satisfy the following conditions and provide the following information within 14 days of the notice of selection: 1. Certificate of Insurance The selected bidder must provide Niagara Region with a Certificate of Insurance acceptable to Niagara Region and, if requested by Niagara Region, certified copies of the insurance policies. The Certificate of Insurance must comply with the insurance requirements outlined in the Contract Terms and Conditions (Appendix A) and must be on Niagara Region s form of Certificate of Insurance ( which can be found on Niagara Region s website. If the Certificate of Insurance is provided in a non-original form (e.g. a facsimile, photocopy or scanned electronic copy), the bidder acknowledges and agrees that Niagara Region is fully entitled to treat any such Certificate as an original and that the bidder will be responsible for the accuracy and validity of the information contained therein. If required by Niagara Region, certified copies of all the above-mentioned policies shall be delivered to Niagara Region. All subsequent policy renewals and certificates of insurance thereafter, during the time that the Contract is in force, shall be forwarded to Niagara Region within fifteen (15) days of their renewal date. 2. Workplace Safety and Insurance Board Clearance The selected bidder shall provide: a) A valid, current Clearance Certificate declaring that the selected bidder is registered with Workplace Safety and Insurance Board ( WSIB ), and has an account in good standing; or b) A Letter of Good Standing issued by WSIB. If WSIB coverage is not required by law to be carried by the selected bidder, the selected bidder shall provide one of the following (as the case may be): a) An Exemption Letter from WSIB, satisfactory to Niagara Region s Director of Legal and Court Services; b) An Independent Operators Status Certificate issued by WSIB; or c) Such further and other evidence as may be satisfactory to Niagara Region s Director of Legal and Court Services. In addition to the indemnification provided by the selected bidder elsewhere in this RFT, the selected bidder agrees to indemnify Niagara Region and its respective elected officials, directors, officers, agents, employees, and volunteers, successors and assigns for all losses, claims, expenses (including reasonable legal fees) or other charges related to the selected bidder s status with WSIB T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 80 of 86

82 APPENDIX E CONDITIONS OF AWARD 3. Irrevocable Standby Letter of Credit (Appendix G) The successful bidder must furnish, to the Regional Municipality of Niagara, at the bidder s sole cost, an Irrevocable Standby Letter Of Credit in the amount of $100, made payable to The Regional Municipality of Niagara to the satisfaction of Niagara Region and be from a financial institution licensed to operate in Ontario. The Irrevocable Standby Letter of Credit may be drawn upon/cashed by the Regional Municipality of Niagara from time to time if the bidder fails to perform any of its obligations pursuant to the contract, and, as a result, Niagara Region expends funds to have such obligations performed. The drawing/cashing is to reimburse Niagara Region for such expenditures. Any portion of the Letter of Credit not drawn upon/cashed one year after the termination of the Contract shall be returned to the bidder. A sample form of Irrevocable Standby Letter of Credit, satisfactory to The Regional Municipality of Niagara, is attached as Appendix G T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 81 of 86

83 APPENDIX F BID IRREGULARITIES Appendix F Bid Irregularities Responses for Administering Irregularities Contained in Bids IRREGULARITY RESPONSE 1. Late Bids. Automatic rejection. Returned unopened to the bidder. 2. Unsealed Envelopes. Automatic rejection. 3. Insufficient Financial Security A) No Bid Deposit, uncertified Automatic rejection. cheque, or financial security not an original (e.g. a photocopy or a facsimile of a financial security). B) Amount of financial security is Automatic rejection. insufficient: i. Amount of security is expressed as a percentage of the total bid sum. ii. Amount of security is expressed only as a dollar figure. C) i. Name or signature of Supplier is missing or incomplete. ii. Seal of Supplier is missing or incomplete. D) Name, signature, or seal of bonding company is missing or incomplete. E) Failure to provide a letter of agreement to bond (if required). 4. Bid Document execution A) Bids completed in erasable medium. B) i. Signature of representative authorized to bind the Supplier missing or incomplete on the prescribed form which is to be submitted in response to a Bid Solicitation. ii. Electronic signature of representative or absence of corporate seal authorized to bind the Supplier shown on the prescribed form which is to be submitted in response to a Bid Solicitation. Automatic rejection, unless in the opinion of Procurement and Strategic Acquisitions the insufficiency in the financial security is de minimus (trivial or insignificant). Automatic rejection. Automatic rejection. Two (2) working days* to obtain missing or incomplete items. Automatic rejection Automatic rejection. Automatic rejection. Automatic rejection. Two (2) working days* to obtain original signature T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 82 of 86

84 APPENDIX F BID IRREGULARITIES IRREGULARITY RESPONSE C) Form of Proposal missing or incomplete. Two (2) working days* to correct to the satisfaction of Procurement and Strategic Acquisitions, otherwise automatic rejection. Automatic rejection. D) Form of Quotation or Tender missing or incomplete. E) Signature of witness, if required, Two (2) working days* to correct, otherwise missing or incomplete. automatic rejection. F) Date of Bid missing or incomplete. Two (2) working days* to correct, otherwise automatic rejection or, if stated in the Bid Solicitation, automatic rejection. 5. Incomplete, illegible or obscure Bids or Bids which contain information not called for, erasures, overwriting or strike outs (not initialed). 6. Document, in which all necessary Addenda have not been acknowledged. Two (2) working days* to correct to the satisfaction of Procurement and Strategic Acquisitions, otherwise automatic rejection. Two (2) working days* to confirm Bid to the satisfaction of Procurement and Strategic Acquisitions or, if stated in the Bid Solicitation, automatic rejection. 7. Failure to attend mandatory site visit (if Automatic rejection. required). 8. Bid received on documents other than those provided in the Bid Solicitation. Automatic rejection, unless allowed for in the Bid Solicitation. 9. Failure to insert the bidder s business name in the space provided in the Bid Solicitation form. Automatic rejection unless, in the opinion of Procurement and Strategic Acquisitions the incomplete nature is trivial or insignificant. 10. Mathematical errors. Two (2) working days* to initial the corrections as made by the Corporation. Unless otherwise stated in the Bid, the unit price shall prevail and the total Bid price shall be adjusted accordingly. The Corporation reserves the right to waive initialing and accept Bid as corrected. 11. Qualified Bids (Bids qualified or restricted by an attached statement). 12. Bids containing minor obvious clerical errors. Automatic rejection Two (2) working days* to confirm Bid to the satisfaction of Procurement and Strategic Acquisitions. 13. Any other irregularities. The Commissioner of Enterprise Resource Management Services, or Designate, shall have authority to waive other irregularities or grant two (2) working days * to initial such other irregularities considered to be minor. ** Where working days specified, this is from the hour the Bidder is notified by Niagara Region staff of the irregularity 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 83 of 86

85 APPENDIX G SAMPLE IRREVOCABLE STANDBY LETTER OF CREDIT (BANK INFORMATION) DATE OF ISSUE: OUR REFERENCE NUMBER: DATE OF EXPIRY: PLACE OF EXPIRY: BENEFICIARY: THE REGIONAL MUNICIPALITY OF NIAGARA 1815 SIR ISAAC BROCK WAY THOROLD, ONTARIO L2V 4T7 APPLICANT: AMOUNT: CAD CANADIAN DOLLARS IRREVOCABLE STANDBY LETTER OF CREDIT NO. WE, HEREBY AUTHORIZE YOU TO DRAW ON (BANK NAME/ADDRESS INSERTED HERE) FOR THE ACCOUNT OF (APPLICANT INFORMATION INSERTED HERE), UP TO AN AGGREGATE AMOUNT OF CAD ($ ) (FIGURE SPELLED OUT HERE, CANADIAN DOLLARS) OF LAWFUL MONEY OF CANADA AVAILABLE ON DEMAND. PURSUANT TO THE REQUEST OF OUR CUSTOMER, (APPLICANT INFORMATION HERE) WE, (BANK INFO INSERTED HERE) HEREBY ESTABLISH AND GIVE TO YOU AN IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR WHICH MAY BE DRAWN ON BY YOU AT ANY TIME AND FROM TIME TO TIME UPON WRITTEN DEMAND FOR PAYMENT MADE UPON US BY YOU, WHICH DEMAND WE SHALL HONOUR WITHOUT ENQUIRING WHETHER YOU HAVE THE RIGHT AS BETWEEN YOURSELF AND OUR SAID CUSTOMER TO MAKE SUCH DEMAND, AND WITHOUT RECOGNIZING ANY CLAIM OF OUR SAID CUSTOMER OR OBJECTION BY IT TO PAYMENT BY US T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 84 of 86

86 APPENDIX G SAMPLE IRREVOCABLE STANDBY LETTER OF CREDIT PROVIDED, HOWEVER, THAT THE REGIONAL MUNICIPALITY OF NIAGARA IS TO CERTIFY TO (BANK INFO INSERTED HERE) AT SUCH A TIME AS A WRITTEN DEMAND FOR PAYMENT IS MADE UPON (BANK INFO INSERTED HERE), THAT MONIES ARE DRAWN PURSUANT TO AN AGREEMENT BETWEEN (APPLICANT INFO INSERTED HERE) AND THE REGIONAL MUNICIPALITY OF NIAGARA COVERING (DESCRIPTION OF JOB INSERTED HERE). THIS LETTER OF CREDIT WILL CONTINUE UP TO (DATE.) AND IS SUBJECT TO THE FOLLOWING CONDITIONS. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED TO BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE HEREOF, UNLESS THIRTY (30) DAYS PRIOR TO ANY SUCH DATE WE SHALL NOTIFY THE TREASURER OF THE REGIONAL MUNICIPALITY OF NIAGARA, 1815 SIR ISAAC BROCK WAY, THOROLD, ONTARIO, L2V 4T7, IN WRITING BY REGISTERED MAIL OR COURIER THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD. UPON RECEIPT BY YOU OF SUCH NOTICE, YOU MAY DRAW HEREUNDER BY MEANS OF YOUR DEMAND ACCOMPANIED BY YOUR WRITTEN CERTIFICATION AS NOTED ABOVE. PARTIAL DRAWINGS ARE PERMITTED. ANY BILLS DRAWN OR PAYMENT MADE HEREUNDER SHALL BE IN FAVOUR OF THE REGIONAL MUNICIPALITY OF NIAGARA. THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 500 AND ENGAGES US IN ACCORDANCE WITH THE TERMS THEREOF. (BANK INFORMATION HERE) AUTHORIZED SIGNATURE OTHER SIGNATURE THIS DOCUMENT CONSISTS OF 2 PAGES 2018-T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 85 of 86

87 APPENDIX H SAMPLE LETTER OF INTENT (Financial Institution Letterhead)* Date: LETTER OF INTENT TO ISSUE AN IRREVOCABLE STANDBY LETTER OF CREDIT FOR PERFORMANCE SURETIES TO: The Regional Municipality of Niagara 1815 Sir Isaac Brock Way, PO.Box 1042 Thorold, ON L2V4T7 RE: Document Name Document # We, the undersigned, hereby agree to issue an Irrevocable Standby Letter of Credit conforming to the standard format required by The Regional Municipality of Niagara, drawn upon the account of (Name of Contractor), in an amount totalling One Hundred thousand dollars and no cents ($100,000.00) and conforming to the instruments of Contract attached hereto, for the full and due Performance and Labour and Materials payment of the works shown as described herein if the Tender for: We, the undersigned, agree that if the Tender is accepted that the above mentioned Irrevocable Standby Letter of Credit shall be issued within fourteen (14) days of acceptance of the Tender related thereto. Dated this day of,2018. (Name of Financial Institution)* (Signature of Authorized Person Signing for the Financial Institution) (Signature of Authorized Person Signing for the Company) (Title) * Financial institution shall be licensed to operate in Ontario T-01 Waste Disposal Operations Niagara Rd 12 Landfill Site Page 86 of 86

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129 Caistor Centre Road East Town Line South Grimsby Road Fifteen South Grimsby Road Fourteen Brand Road Bowslaugh Road Kemp Road West West Lincoln Short Road Hysert Road South Grimsby Road Fourteen Hysert Road Alway Road Grassie Road N 20 Alway Road Ridge Road West Grimsby Woolverton Road First Range Road Concession Seven Road South Grimsby Road Twelve Kimbo Road South Grimsby Road Ten South Grimsby Road Eleven Inglehart Road Kemp Road West South Grimsby Road Ten Allen Road Niagara Road 12 Landfill Site Quarry Road Sawmill Road Elm Tree Road West N 12 Adams Road N 73 Young Street Russ Road Kemp Road East Nassau Drive Elm Tree Road East Park Road Landfill Site South Grimsby Road Seven South Grimsby Road Six Church Road South Grimsby Road Six South Grimsby Road Five Burgess Drive Dorchester Drive Ridge Road East Church Road Sobie Road Marilyn Street Udell Way Park Road South Highland Drive Clayson Road N 14 N N Terrace Drive Thirty Road South Grimsby Road Three Vinifera Drive Kemp Road East Valentino Road Philip Road Fairbrother Road Dobrindt Road Durham Road Inglehart Road Walker Road Konkle Road Mountainview Road Greenlane N 81 McLeod Street Lincoln Yonge Street Locust Lane Zimmerman Road Lincoln Avenue Meadowood Lane Oakwood Avenue Stadelbauer Drive N 18 Crescent Avenue Mountain Road Caistor Centre Road Sixteen Road Short Road Kilometers Copyright Public Works Department, Operational Support Services Division. Projection is UTM, NAD 83, Zone 17. This map was compiled from various data sources and is current as of The Region of Niagara makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. Allen Road Second Range Road South Grimsby Road Ten Twenty Road Eighth Grimsby Road South South Grimsby Road Seven South Grimsby Road Six Westlea Drive Map 1-11 Niagara Road 12 Landfill Site Wade Road South Las Road Silver Street Hornak Road Brock Street Ellis Street Dufferin Avenue Townline Road Thompson Road Industrial Park Road Bennett Road Spring Creek Road Regional NIAGARA Public Works Department

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