2014-058 Agreement Dalton R. Low and Sons (Tender 2014-05)The Corporation of the Township of Oro - Medonte
By -Law No. 2014 -058
A By -Law to Authorize the Execution of an Agreement Between
the Township of Oro - Medonte and Dalton R. Lowe and Sons Construction Ltd.
for Supplying, Hauling, Mixing and Piling of Winter Sand (Tender TES2014 -05)
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. C140409 -12, the successful bidder of Tender TES2014 -05 to be Dalton
R. Lowe and Sons Construction Ltd.;
And Whereas Council deems it expedient to enter into an agreement for Contract No.
TES2014 -05 for supply, haul, mix and pile winter sand;
Now Therefore the Council of the Township of Oro - Medonte hereby enacts as follows:
That the Mayor and Clerk be authorized to execute the Agreement for Contract
No. TES2014 -05 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 23rd day of April,
2014.
The Corporation of the Township of Oro - Medonte
H.; / i u g
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
CONTRACT NO. TES2014 -05
TENDER FOR THE SUPPLYING, HAULING,
MIXING, AND PILING OF WINTER SAND
TES2014 -05 Page 1
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THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
TENDER CLOSING DATE IS 9:00 A.M. ON FRIDAY MARCH 28, 2014
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Friday, March 28, 2014 at 10:00 a.m.
This tender is general in nature, except that separate Forms 1 and 2 will be used. The actual works to
be done, or materials purchased, will be administered by the Transportation Services Department as
tendered. Please provide all the documentation required for each Form.
Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2014 -05" and
addressed to Lisa McNiven, Manager of Transportation Services, Township of Oro - Medonte, Box 100,
ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the Manager of
Transportation Services, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO,
Ontario LOL 2X0.
For further information, please contact:
Lisa McNiven
Manager of Transportation Services
Township of Oro - Medonte
Telephone: (705) 487 -2171
TENDER FOR SOUTH YARD:
TENDER FOR NORTH YARD:
SOUTH YARD LOCATIONS: 1) Patrol Yard - Lot 16, Concession 14 (Oro)
2) Sand Storage Shed - Lot 11, Concession 7 (Oro)
NORTH YARD LOCATIONS: 1) Patrol Yard - Lot 16, Concession 9 (Medonte)
2) Sand Storage Shed — Lot 7, Concession 7 (Medonte)
TES2014 -05 Page 2
CONTRACT NO. TES2014 -05
NOTICE TO BIDDERS:
1. Workplace Safety and Insurance:
The Contractor shall provide the Township with a Clearance Certificate from the
Workplace Safety and Insurance Board, saying that all dues and assessments payable
under the Workplace Safety and Insurance Act, with respect to his employees or
operations, have been complied with and shall ensure that the Certificate is valid for the
duration of this Contract. The Contractor shall provide the Corporation with proof of a
renewed Certificate at least 30 days prior to expiry.
2. The Contractor must also supply the Township of Oro - Medonte with a copy of a Traffic Protection
Plan, in accordance with Book 7.
The Contractor shall indemnify and save harmless the Corporation in respect to all charges,
costs, expenses and claims, whatsoever, in connection with this Contract
No. TES2014 -05.
The Township of Oro - Medonte requires the Contractor to enclose with the tender, an
"Operator's CVOR Abstract' containing the Operator's Performance Record for the
current year of the tender.
3. The Contractor shall provide proof of "Surface Miner' training for all their employees who will
perform work for this Contract.
4. The Contractor will complete and forward a "Notice of Mining Activities" to the Ontario Ministry of
Labour, in accordance with Section 5(3)(c) of Ontario Regulation #854.
5. Please note that this tender will be awarded on the tendered amount. Payment will be made on
the unit price tendered.
6. If the tendered amount is in excess of the budgeted amount and varies by more than 20 %, the
Township reserves the right to reduce quantities to match budget amount without notice or re-
tender.
7. All work is to be performed under the supervision of the Manager of Transportation Services or
her Representative.
8. Accessibility for Ontarians with Disabilities:
The bidder shall comply with the provisions of the Accessibility for Ontarians with
Disabilities Act, 2005, and the Regulations there under with regard to the provision of its
goods or services to persons with disabilities. The bidder acknowledges that pursuant to
the Accessibility for Ontarians with Disabilities Act, 2005, the Township of Oro - Medonte
must, in deciding to purchase goods or services through its procurement process, consider
the accessibility for persons with disabilities to such goods or services.
TES2014 -05 Page 3
TENDERING REQUIREMENTS
Tender Deposit:
A certified cheque made payable to the Township of Oro - Medonte for 10% of the total bid or optional to
the tender deposit, a bidder may provide an irrevocable certified "Letter of Credit" for 10% of the tender
amount issued from a chartered bank on a form acceptable to the Municipality. The cheque or Letter of
Credit of unsuccessful bidders will be returned within fourteen (14) days of tender opening. The cheque
or Letter of Credit of the successful bidder will be retained until the Municipality's acceptance of the work.
Tenders not accompanied by a certified cheque or Letter of Credit will not be considered.
Basis for Reiection of Tender:
Tenders may be rejected for any one of the following reasons:
a) Bids received after closing date;
b) Bids received on other than the tender form supplied;
c) Bids not completed in ink or by typewriter;
d) Incomplete bids (all items not bid);
e) Qualified or conditional bids;
f) Bids not properly signed and sealed.
`EACH BIDDER MUST COMPLETE THE TWO -PAGE "AGREEMENT" PORTION LOCATED AT THE
END OF THIS TENDER *.
Occupational Health and Safety:
1. The following requirements and conditions shall be included in all agreements with Contractors
(and sub - Contractors) engaged by or on behalf of the Owner:
Contractors acknowledge that they have read and understood the Occupational Health
and Safety Act (OHSA) (R.S.O. 1990 C. 0.1) and regulations, made under that statute.
The Contractor shall comply with all health and safety requirements established by the
Occupational Health and Safety Act and regulations, the Owner and any applicable
industry standards. The Contractor agrees to assume full responsibility for the
enforcement of same.
iii. The Contractor shall understand that its performance will be monitored and that their
overall performance will be a major consideration for future Contracts with the Owner. The
frequency and detail of on -going project monitoring will be dependent upon the nature of
the work and safety precautions specified.
iv. The Contractor shall allow access to the work site on demand to representatives of the
Owner.
V. The Owner will take all action necessary to support the Contractor's health and safety
efforts and to ensure that the Owner -owned and controlled environments in the vicinity of
the project are free from hazards.
TES2014 -05 Page 4
Occupational Health and Safety (cont'd.):
vi. The Contractor acknowledges and agrees that any breach or breaches of health and
safety requirements, whether by the Contractor or any of its sub - Contractors, may
invalidate the Contract.
vii. The Contractor acknowledges and agrees that any damages or fines that may be
assessed against the Owner by reason of a breach or breaches of the OHSA by the
Contractor or any of its sub - Contractors, will entitle the Owner to set off the damages so
assessed against any monies that the Owner may, from time to time, owe the bidder under
this Contract or any other Contract whatsoever.
Liability Insurance:
The Contractor shall take out, and keep in force until the date of acceptance of the entire work by the
Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the
Municipality, providing insurance coverage in respect of any one accident to the limit of at least
$5,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily injury to, or
death of, one or more persons and loss of or damage to property and such policy shall name the
Municipality as an additional insured thereunder, and shall protect the Municipality against all claims for
all damage or injury, including death, to any person or persons and for damage to any property of the
Municipality or any other public or private property resulting from or arising out of any act or omission on
the part of the Contractor or any of his servants or agents during the execution of the Contract, and the
Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the
work is started.
Penalty Clause:
If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of
the Manager within the time limit specified, the Contractor shall pay to the Corporation, in addition to the
full cost of inspection, the cost of other supervision and any other direct expenditures, $1,000.00 for
each and every day that the work shall remain unfinished after the time limit specified. The reason of
delay in the performance of the said work is hereby agreed upon, fixed and determined by the parties
hereto as the liquidated damages that the Corporation will suffer by reason as said delay and default and
not as a penalty; and the Corporation may deduct and retain the amount of such liquidated damages
from any monies due or become due to the Contractor on any account.
TES2014 -05 Page 5
TENDER FOR CONTRACT NO. TES2014 -05
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 tender 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.
THE TOWNSHIP OF ORO- MEDONTE SHALL DEDUCT 10% OFF OF THE TOTAL TENDER
CHEQUE FOR EACH DAY THE CONTRACTOR IS OVER THE COMPLETION DATE.
I/We (the Contractor) promise to commence work on:
h —ragnsrv,-+a-h -cn ces
(To be ciftleted Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to complete
the work by:
October 17, 2014
(To be completed by Municipality)
BY: Name of Firm or Individual (Hereinafter referred
rhGtWA-1 21, to as the "Contractor")
�. a gok-z a
Address
- Name of Person Signing for Firm (Signature)
PQC--'&i oa tr Office of Person Signing for Firm
(-105 ) 2(,.,3S Telephone No.
TES2014 -05 Page 6
GENERAL CONDITIONS
The general conditions of this Contract will be the general conditions as set out in OPS General
Conditions and OPS Section 100, unless stated otherwise and is pertinent to this Contract.
Regulations:
The Contractor shall abide by all Acts, By -laws and Regulations relative to the performance of the work.
Completion:
Time shall be of the essence of this agreement.
Payments:
Monthly payments for work done may be paid up to 85% of the estimated value of the work performed.
Within thirty -seven (37) days of the date of acceptance of the completed Contract, the remaining 15%
will be released to the Contractor.
Enaineer or Manaaer of Transportation Services:
Means the Council of the Municipality, or such other person, partnership or corporation as may be
authorized by the Council to act on their behalf, in any particular capacity.
Weighing:
Weighing shall be carried out in accordance with OPSS 102, current at the time of this Contract. Copies
of OPSS 102 are available upon request from the MTO District Office.
Damage by Vehicles and Other Equipment:
If at any time, in the opinion of the Manager of Transportation Services, damage is being done, or is
likely to be done, to any highway or any improvement thereon, other than such portions as are part of
the work, by the Contractor's vehicles or other equipment, whether licensed or unlicensed, the
Contractor shall, on the direction of the Manager of Transportation Services and at the Contractor's own
expense, make changes in or other equipment, or shall alter loadings or shall in some other manner,
remove the cause of such damage to the satisfaction of the Manager of Transportation Services.
Loading of Motor Vehicles:
Where a vehicle is hauling material for use on the work under the Contract, in whole or in part, upon a
public highway and where motor vehicle registration is required for such vehicle, the Contractor shall not
cause or permit such vehicle to be loaded beyond the legal limit, as specified in the Highway Traffic Act,
whether such vehicle is registered in the name of the Contractor or otherwise.
MEASUREMENT FOR PAYMENT
Measurement for payment, of granular materials, will include only those materials incorporated into the
work and accepted by the Manger of Transportation Services.
TES2014 -05 Page 7
(a) Tonnage Measurement:
Should the Contract require payment by the tonne, the method of weighing materials for
payment shall conform to the requirements of OPSS 102.
(b) Cubic Measurement:
Should the Contract require payment by the cubic metre, one of the two following methods will
be employed, as specified in the Contract:
(1) End Area Method:
Volume of materials will be measured in their original position and computed in cubic
yards by the method of average end area.
(2) Truck Box Method:
Materials will be measured in cubic metre (loose) by pre- determined truck capacities.
The pre- determined capacity of each truck will be that computed from its box
dimensions.
Loading of each truck shall be kept to not less than the pre - determined capacity of truck.
Conversion Factor:
1 cubic yard = 0.764 cubic metres
1 cubic metre = 1.3 cubic yards
1 cubic metre = 1.76 tonnes
1 mile = 1.6 kilometres
1 kilometre = 0.6 miles
BASIS OF PAYMENT:
Payment at the Contract price shall be compensation, in full, for the supply of all labour, equipment and
materials necessary to complete the work to the satisfaction of the Manger of Transportation Services or
her Representative.
IMIe (the Contractor) have reviewed the above and understand the procedures implied.
CL G 'aL cotc,sr
- -�s2
Name of Person Signing for Firm Signature
TES2014 -05 Page 8
CONTRACT NO. TES2014 -05
TENDER FOR WINTER SAND
FORM 1 - SOUTH YARD
TENDER
SPEC.
ITEM
NO.
DESCRIPTION
ESTIMATED
QUANTITY
UNIT
PRICE
TOTAL
HAUL AND MIX TO
1.
531
TOWNSHIP PATROL YARD
3,800 Tonnes
�.�
C, (06 bn
(location and amount subject
to change)
HAUL, MIX AND PILE IN
2.
531
TOWNSHIP SAND STORAGE
9,000 Tonnes
(Q,5l)
'5C-1 0. Cc
SHED
H.S.T No.
H.S.T $ 1 t 46. 1,4
TOTAL TENDER AMOUNT $ 618 Ca ;-4.1 I'
Signed at the P of 10 LJ in the
County of S wc06 this I" of ryl Akc H , 2014.
Prux> -4 k • (.ovJG A,40 -(C rJS OrD .
Signature of Contractor or roqoQ cue PSG cam)
Witnesses and Position Held
B C'OL'iC- , QA L-T ,4 (Z . Ca P= 6#J 0 &264S 00rlS1R c tc ID-4 C90 -
"1�03 �1( �t{ k1F3' 12io��e 0- �3s 'L�3�Si�.felarc- `Eh�iC..�P•IoSU
0S)4�;L6- ;a6';l6 60 hm ic) o0s)4y4- LPO-7 6c-ell)
Name, Address and Telephone No. of Person
To be Contacted Regarding Information and /or
Performance of the Contract
Tender accepted by Resolution of Council on 12014.
TES2014 -05 Page 9
CONTRACT NO. TES2014 -05
TENDER FOR WINTER SAND
FORM 2 - NORTH YARD
H.S.T. No. 13C-t &f3L�34P- -r w(
H.S.T. $
TOTAL TENDER AMOUNT $ 16 -1 1,R ,L(-I
Signed at the 1-0k,"Srh P of GLOV-001J in the
County of St ti160G this )1-k day of NcPgkct4 , 2014.
DAI-gW . GO !e Aril0 S Ooi jSTYL mc, l c3o .
Signature of Contractor or 6015 WWG
Witnesses and Position Held
AIJO '1:7n'-jS Co -,Y-UC.r-1z�A Lam.
CI S) 4.'0- A(Z5 (Olt -he a 0 (n IDS) 4 Cce u)
Name, Address and Telephone No. of Person
To be Contacted Regarding Information and /or
Performance of the Contract
Tender accepted by Resolution of Council on , 2014.
TES2014 -05 Page 10
SPEC.
TENDER
ITEM
DESCRIPTION `
ESTIMATED
UNIT
TOTAL
NO.
QUANTITY
PRICE
HAUL, MIX AND PILE IN
1.
531
TOWNSHIP SAND STORAGE
7,500 Tonnes
LO
SHED AT PIT
HAUL, MIX AND PILE AT
2.
531
THE TOWNSHIP PATROL
1,800 Tonnes
00
YARD
H.S.T. No. 13C-t &f3L�34P- -r w(
H.S.T. $
TOTAL TENDER AMOUNT $ 16 -1 1,R ,L(-I
Signed at the 1-0k,"Srh P of GLOV-001J in the
County of St ti160G this )1-k day of NcPgkct4 , 2014.
DAI-gW . GO !e Aril0 S Ooi jSTYL mc, l c3o .
Signature of Contractor or 6015 WWG
Witnesses and Position Held
AIJO '1:7n'-jS Co -,Y-UC.r-1z�A Lam.
CI S) 4.'0- A(Z5 (Olt -he a 0 (n IDS) 4 Cce u)
Name, Address and Telephone No. of Person
To be Contacted Regarding Information and /or
Performance of the Contract
Tender accepted by Resolution of Council on , 2014.
TES2014 -05 Page 10
AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this ;tgW day of ryY flu !A 2014.
BETWEEN
,C)A =j a • bo(,1,1 MO S) K S C,0"S7Y2 uCNW L0. of the
►3S4-tQ cf: C Jt&,J in the
District or County of St rlcOG
and the Province of Ontario;
Hereinafter called the "Contractor"
THE PARTY OF THE FIRST PART
- and -
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 Manager of
Transportation Services or her Representative, to do all the work 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 and 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.
DESCRIPTION OF THE WORKS:
Contract No. TES2014 -05 is to supply, haul and mix sand to the Township of Oro - Medonte in quantities
as per Form of Tender Contract No. TES2014 -05. These quantities could vary depending on the
amount of sand left at the end of the winter season. The Contractor will be required to refill both sand
storage buildings during the winter when notified by the Municipality.
TES2014 -05 Page 11
The Contractor further agrees that he will deliver the whole of the works, completed in accordance with
this Agreement on or before the 17th day of October, 2014.
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
4 gn to e o Clerk ��Q) v,5t cg
Y
Sin re the ayor \1
with Seal
D0171D1J 2 - LOS ArJD SOJS
GO,.I S`r ec cno-j L70.
Signature of Corporation e06 L du
Seal of Corporation ( eke S, as M)
TES2014 -05 Page 12