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2010-110 Agreement Roadside Grass CuttingBy -Law No. 2010 -110 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro- Medonte and Ron Burton & Sons For Roadside Grass Cutting for the Summer Seasons of 2010/2011/2012 (Tender TES2010 -07) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. C100324 -14, the successful bidder of Tender TES2010 -07 to be Ron Burton & Sons; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010 -07, Roadside Grass Cutting for the Summer Seasons of 2010/2011/2012, with Ron Burton & Sons; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2010 -07 attached hereto as Schedule "A" and forming part of this By- Law. 2. THAT this by -law shall take effect on the final passing thereof. BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 RD DAY OF 1 1 • o f — A l • ki to • •; •�• �• /� - �_"o Mayor, H.S. ughes Clk, J.bo,4as Irwin Schedule "A" to By -law No. 2010 -110 TENDER FOR CONTRACT NO. TES2010 - 07 The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender. Attached to this tender is a certified cheque in the amount specified in the "Tendering Requirements'; made payable to the Township of Oro- Medonte. Optional to the tender deposit, a bidder may provide an irrevocable certified Letter of Credit for 10% of the tendered amount issued from a chartered bank on a form acceptable to the Municipality. The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor fails to file with the Municipality, an executed form of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (14) days from the date of acceptance of the tender. It is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. I/We (the Contractor) promise to commence work on: June 15th,2010 (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by: July 31 of each year (for roadside cutting) (To be completed by Municipality) BY. 1588429 Ontario Limited o / A Name of Firm or Individual (Hereinafter referred Ron Burton & Sons to as the "Contractor") 8 Georgian Drive Warminster mi Address Name of Person Signing for Firm (Signature) Adam R. Burton Vice-President Office of Person Signing for Firm (705) 327 -4229 Cell Telephone No. G.S.T. No. 861911477RT0001 P.S.T. $ G.S.T. $ 265.00 ( 2010 ) TOTAL TENDER $ 5 3 o o. o o ( o l o) I/We hereby agree that the work specified and the material required in the contract will be performed In strict accordance with the specifications In this tender. Signed at the villag,- Of Warminster in the County of Si mcoe this 1.7t:h day of March , 2010. Signature of Contractor or Sig ature of the Corporation Witnesses and Position Held Seal of Corporation Adam R. Burton - Vice - President Adam R. Burton I have the authority to bind the (705) 327 -4229 - Cell corporation Name and Telephone No. of Person To be Contacted DESCRIPTION OF 2010 2011 2012 UNIT ITEM QUANTITIES UNIT UNIT UNIT TOTAL PRICE PRICE PRICE GRASS CUTTING 1. ROADALLOWANCE- 600 KM $ 5300.00 $ 5500.0) $ 5600 X16,400 LUMP SUM PRIVATE LOT - LUMP 2. SUM CUTTING - 0.5 HA EACH $ 65.00 $ 65.00 $ 65.00 OR LESS PRIVATE LOT PER HA 3. CUTTING 0.5 HA AND HA $ 65.00 $ 65.00 $ 65.00 GREATER PRICE FOR SECOND 4. CUT, INCLUDING HR t 54.00 $ 55.00 $ 56.00 OFFSET FLAIL MOWER, AS REQUIRED BY THE DIRECTOR G.S.T. No. 861911477RT0001 P.S.T. $ G.S.T. $ 265.00 ( 2010 ) TOTAL TENDER $ 5 3 o o. o o ( o l o) I/We hereby agree that the work specified and the material required in the contract will be performed In strict accordance with the specifications In this tender. Signed at the villag,- Of Warminster in the County of Si mcoe this 1.7t:h day of March , 2010. Signature of Contractor or Sig ature of the Corporation Witnesses and Position Held Seal of Corporation Adam R. Burton - Vice - President Adam R. Burton I have the authority to bind the (705) 327 -4229 - Cell corporation Name and Telephone No. of Person To be Contacted MUNICIPAL COMMUNITY TILE BEDS AND WATER PUMPHOUSE FACILITIES GRASS CUTTING FORM 2 Design MUNICIPAL COMMUNITY TILE. BEDS Cutting shall begin during the first week of June. The Municipal community tile beds are not manicured lawns and will be cut a minimum of four (4) times per season to control weeds and brush, as requested by the Director of Transportation and Environmental Services or his Representative. The following is a list of the Municipal community tile beds: a T.F. #1 $ 90.00 $ 100.00 $ 100.00 T.F. #2A $ 90.00 $ 100.00 $ 100.00 T.F. #2B $ 90.00 $ 100.00 $ 100.00 T.F. #3 $ 90.00 $ 100.00 $ 100.00 T. F. #4 $ 90.00 $ 100.00 $ 100.00 *see attached map* The Township reserves the right to stop work at any time If the job is not progressing satisfactorily. WATER `I?UMPHOUSE FACILlT1ES Cutting shall begin during the first week of June. The water pumphouse facilities are not manicured lawns and will be cut a minimum of four (4) times per season to control weeds and brush, as requested by the Director of Transportation and Environmental Services or his Representative. The following is a list of the water pumphouse facilities: E GRASS CUTTING Name and Address ` 20y0 Unif Price 2011 A. Price; 2012,Unit Price of , Qum` house Canterbury 1 Somerset Blvd. $ 50.00 $ 50.00 $ 50.00 Oro Station Cedarbrook 1547 Ridge Road East $ 50.00 $ 50.00 $ 50.00 Ha wkestone Horseshoe Highlands $ 50.00 $ 50.00 $ 50.00 1A Country Club Lane Horseshoe Highlands $ 50.00 $ 50.00 $ 50.00 Water Tower Sugarbush Well #1 $ 50.00 $ 50.00 $ 50.00 10 Huronwoods Dr. Sugarbush Well #2 $ 50.00 $ 50.00 $ 50.00 3310 Line 6 North Sugarbush Booster Station $ 50.00 $ 50.00 $ 50.00 67 Huronwoods Drive Sugarbush Reservoir $ 50.00 $ 50.00 $ 50.00 6 Oneida Avenue Warminster Booster Station $ 50.00 $ 50.00 $ 50.00 1 Geor ian Drive Warminster Well $ 50.00 $ 50.00 $ 50.00 2093 Warminster Sideroad Maplewood $ 50.00 $ 50.00 $ 50.00 40 Maplewood Parkwa The Township reserves the right.to stop work at any time if the job is not progressing satisfactorily. NOTE All municipal community tile beds and water pumphouse facilities will be cut using a regular or mid -sized lawn and garden tractor with a minimum of a tour (4) foot cutting deck. 10 This Agreement made, in duplicate, this 17th day of BETWEEN, 1588429 Ontario Limited 0/A Ron Burton & Sons March of the Village of Warminster inthe District or County of Simcoe and the Province of Ontario; Hereinafter called the "Contractor" ■ - and - 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do all the work as described hereafter, furnish all the materials, except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 11 The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 31 day of July of each year (for roadside cutting . The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written. Signature of Contractor, or ig ature of Corporation Seal of Corporation Adam R. Burton — Vice — President Signhture of the Mayor with Seal I have the authority to bind the corporation. 12