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05 08 2013 Council AgendaPage THE TOWNSHIP OF ORO- MEDONTE 1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. COUNCIL MEETING AGENDA ��. COUNCIL CHAMBERS Township o1�` Wednesday, May 8, 2013 A-mid Heritage, Exciting Frarure 5:30 p.m. - Closed Session d) 7:00 p.m. - Open Session 1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Robin Dunn, CAO, re: Solicitor - client privilege (Waste Water Servicing). d) Robin Dunn, CAO, re: Solicitor - client privilege (Horseshoe Valley /Skyline SBR). e) Robin Dunn, CAO re: Personal matters about an identifiable individual (Fire & Emergency Services). 5. MINUTES OF COUNCIL AND COMMITTEES: 5 -20 a) Minutes of Council meeting held on Wednesday, May 1, 2013. 6. RECOGNITION OF ACHIEVEMENTS: 21 a) Teresa Falconi, Development Services Assistant, re: Successful Completion of Community Planning and Zoning Administration, Ontario Building Officials Association. 22 b) Oro - Medonte Fire and Emergency Services and John Wigle, Fire Prevention, Life and Safety Educator, re: Note of Appreciation (excerpt from Wolf Steel Corporate Newsletter, April 2013). 7. PUBLIC MEETINGS: None. 8. DEPUTATIONS: None. 9. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: Page 1 of 211 Council Meeting Agenda - May 8, 2013. Page 10. REPORTS OF MUNICIPAL OFFICERS: 23 -24 a) Jerry Ball, Director of Transportation and Environmental Services re: Hydro Line Relocation, Line 4 North [deferred from the May 1, 2013 meeting]. 25 -27 b) Report No. DS2013 -27, Andria Leigh, Director of Development Services re: Building Permit 1st Quarter Statistics. 28 -31 c) Report No. DS2013 -28, Andria Leigh, Director of Development Services re: Site Plan Agreement with Democrat Maplewood Limited, 2013 - SPA -09 (Plan M -957, Lot 1) [Refer to Items 15j) and k). 11. REPORTS OF MEMBERS OF COUNCIL: None. 12. CONSENT AGENDA: 32 -34 a) Announcements of Interest to the Public • Cycling Open House, Township Administration Centre, Tuesday, May 14th from 5:OOpm - 8:OOpm and Wednesday, May 15th from 9:OOam - 12:00pm. • Victoria Day Office Closure, Monday, May 20, 2013. • Emergency Preparedness Week Pancake Breakfast, Oro - Medonte Community Fire Halls, Saturday, May 11, 2013, 9:OOam- 12:OOpm 35 -41 b) Minutes of Nottawasaga Valley Conservation Authority meeting held on March 22, 2013. Staff Recommendation: Receive. 42 -49 c) Minutes of Lake Simcoe Region Conservation Authority meeting held on March 22, 2013. Staff Recommendation: Receive. 13. COMMUNICATIONS: 50 -54 a) Correspondence received April 29, 2013 from Lake Simcoe Region Conservation Authority re: 25th Annual Conservation Dinner, Wednesday, June 5, 2013, 6:00 p.m., The Manor at Carrying Place Golf and Country Club, 16750 Weston Road, Unit A, King. 55 b) Correspondence dated April 29, 2013 from Cal Madill, Chairman, International Plowing Match (IPM) 2014 - Simcoe County re: IPM, Saturday, June 1, 2013. 14. NOTICE OF MOTIONS: None. 15. BY -LAWS: 56 -73 a) By -Law No. 2013 -068 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Duncor Enterprises Inc., for Slurry Seal (Tender TES2013 -01). Page 2 of 211 Council Meeting Agenda - May 8, 2013. Page 15. BY -LAWS: 74 -87 b) By -Law No. 2013 -069 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and K.J. Beamish Construction Co. Ltd. for Hot Mix Paving (Tender TES2013 -02). 88 -98 c) By -Law No. 2013 -070 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Da -Lee Dust Control for "Dark Journal" Virgin Oil (Tender TES2013 -03). 99 -112 d) By -Law No. 2013 -071 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 TES2013 -04). 113 -125 e) By -Law No. 2013 -072 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Ron Burton & Sons for Roadside Grass Cutting and Pumphouse Facilities, Summer Seasons of 2013/2014/2015 (Tender TES2013 -05). 126 -139 f) By -Law No. 2013 -073 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Woodrow Family Farms for Roadside Grass Cutting, Community Tile Beds, Summer Seasons of 2013/2014/2015 (Tender TES2013 -05). 140 -153 g) By -Law No. 2013 -074 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Ron Burton & Sons for Snow Removal, Bass Lake Area, 3 Year Contract (Tender TES2013 -06). 154 -168 h) By -Law No. 2013 -075 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Woodrow Family Farms for Snow Removal, Sugarbush Areas, 3 Year Contract with Option to Extend for an Additional Three Years (Tender TES2013 -07). 169 -186 i) By -Law No. 2013 -076 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Woodrow Family Farms for Snow Removal, Horseshoe Valley Area, 3 Year Contract with Option to Extend for an Additional Three Years (Tender TES2013 -08). 187 -198 j) By -Law No. 2013 -077 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Page 3 of 211 Page Council Meeting Agenda - May 8, 2013. 15. BY -LAWS: Maplewood Limited described as lands as follows: Lot 1, Plan 51 M -957, as in 58533 -0225 LT ROLL # 4346- 010 - 003 -26501 Township of Oro - Medonte, [Addenda] 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18. CONFIRMATION BY -LAW: 211 a) By -Law No. 2013 -067 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, May 8, 2013. 19. ADJOURNMENT: a) Motion to Adjourn. Page 4 of 211 County of Simcoe. 199 -200 k) By -Law No. 2013 -078 A By -law to remove the Holding symbol on lands described as follows: Lot 1, Plan 51 M- 957, Township of Oro - Medonte, County of Simcoe Roll # 4346- 010- 003 - 26501. 201 -202 1) By -Law No. 2013 -080 Being a By -law to Authorize the Execution of a Contract between the Township of Oro - Medonte and the Barrie Public Library Board for a Term of One Year and to Repeal By -Law No. 2012 -102. 203 -204 m) By -Law No. 2013 -081 A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Midland Public Library Board For a Term of One Year and to Repeal By -law No. 2012 -103. 205 -206 n) By -Law No. 2013 -082 A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Coldwater Public Library Board For a Term of One Year and to Repeal By -law No. 2012 -104. 207 -210 o) By -Law No. 2013 -085 Being a By -law to Appoint Municipal Law Enforcement Officers /Provincial Offences Officers And to Repeal By -Law Nos. 2012 -090, 2012 -130 and 2012 -146. [Addenda] 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18. CONFIRMATION BY -LAW: 211 a) By -Law No. 2013 -067 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, May 8, 2013. 19. ADJOURNMENT: a) Motion to Adjourn. Page 4 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... 1q "r% Township )f lyrurrd Hrrirrr���, C.t.ririu� Fr�rurr Wednesday, May 1, 2013 THE TOWNSHIP OF ORO- MEDONTE REGULAR COUNCIL MEETING MINUTES Council Chambers TIME: 9:00 a.m. Staff Robin Dunn, Chief Administrative Officer; Paul Gravelle, Director of Present: Finance /Treasurer /Deputy CAO; Doug Irwin, Director of Corporate Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. Page 1 of 16 Page 5 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Council Meeting Minutes — May 1, 2013. 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C130501 -1 Moved by Crawford, Seconded by Evans Be it resolved that the agenda for the Council meeting of Wednesday, May 1, 2013 be received and adopted, as amended to add Item 4f) Shawn Binns, Director of Recreation and Community Services re: Acquisition /disposition of land (Parkland Acquisition) and Motion No. C130501 -2 Moved by Evans, Seconded by Meyer Be it resolved that we do now go in Closed Session at 9:03 a.m. to discuss • acquisition /disposition of land; • labour relations /employee negotiations; • litigation affecting the municipality. Carried. Page 2 of 16 Page 6 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Council Meeting Minutes — May 1, 2013. Page 3of16 Page 7 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Page 8 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Page 9 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Council Meeting Minutes — May 1, 2013. c) Minutes of Special Council meeting held on Thursday, April 25, 2013. Motion No. C130501 -10 Moved by Meyer, Seconded by Evans Be it resolved that the draft minutes of the Special Council meeting held on Thursday, April 25, 2013 be received and adopted as printed and circulated. Carried. A4 d) Minutes of Recreation Technical Support Group meeting held on Thursday, April 25, 2013. Motion No. C130501 -11 Moved by Evans, Seconded by Meyer 6. RECOGNITION OF ACHIEVEMENTS: None Page 6of16 Page 10 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Council Meeting Minutes — May 1, 2013. 7. PUBLIC MEETINGS: a) Proposed Amendment to the Zoning By -Law, Part of Lot 23, Concession 6 (Oro), Township of Oro - Medonte, 480 Line 6 South, 2013 - ZBA -07, Piotrowski. Deputy Mayor Hough called the meeting to order at 10:07 a.m. and explained the public meeting has been called under the authority of the Planning Act, Sections 34, R.S.O. 1990 c. P.13, to obtain public comment with respect to a proposed Amendment to the Zoning By -law, Application 2013 - ZBA -07 (Piotrowski), 480 Line 6 South , Concession 6, Part of Lot 23, formerly in the Township of Oro, Township of Oro - Medonte Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the specified site on April 11, 2013 and a sign posted on the subject property on April 11, 2013. The following correspondence was received at the meeting: None. There being no further comments or questions, the meeting adjourned at 10:16 a.m Page 7 of 16 Page 11 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Council Meeting Minutes — May 1, 2013. b) Proposed Amendment to the Zoning By -Law, Part of Lot 25, Concession 5 (Oro), Township of Oro - Medonte, 767 Line 4 South, 2013 - ZBA -08, Piotrowski. Deputy Mayor Hough called the meeting to order at 10:17 a.m. and explained the public meeting has been called under the authority of the Planning Act, Sections 34, R.S.O. 1990 c. P.13, to obtain public comment with respect to a proposed Amendment to the Zoning By -law, Application 2013 - ZBA -08 (Piotrowski), 767 Line 4 South, Concession 5, Part of Lot 25, formerly in the Township of Oro, Township of Oro - Medonte. Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the specified site on April 11, 2013 and a sign posted on the subject property on April 11, 2013. The following correspondence was received at the meeting: None. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The following public persons offered verbal comments with respect to the proposed amendment: None. Deputy Mayor Hough advised that no additional deputations to Council will be permitted with respect to the proposed amendment. A digital recording of the meeting is available for review through the Township's website. There being no further comments or questions, the meeting adjourned at 10:20 a.m. Nor New c) Proposed Amendment to the Zoning By -Law, Part of Lot 1, Concession 14 ( Medonte), Township of Oro - Medonte, 9110 Highway 12 West, 2013 - ZBA -04, Uppal. This item was withdrawn to be held at a later date. d) Proposed Amendment to the Zoning By -Law, Part of Lot 25, Concession 8 (Oro), Township of Oro - Medonte, 703 Line 7 South, 2013 - ZBA -03, St. John the Baptist Church. This item was withdrawn to be held at a later date. Page 8 of 16 Page 12 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Council Meeting Minutes — May 1, 2013. 8. DEPUTATIONS: None. 9. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 10.REPORTS OF MUNICIPAL OFFICERS: Page 9 of 16 Page 13 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Council Meeting Minutes — May 1, 2013. b) Report No. DS2013 -26, Andria Leigh, Director of Development Services re: South Shore Isabella Estates Inc., (2008- SUB -01) - Subdivision Agreement for Merrington Avenue Development [Refer to Item 15d)]. Motion No. C130501 -13 Moved by Meyer, Seconded by Evans Be it resolved 1. That Report No. DS2013 -26, Andria Leigh, Director of Development Services re: South Shore Isabella Estates Inc., (2008- SUB -01) - Subdivision Agreement for Merrington Avenue Development be received and adopted; 2. That the Township of Oro - Medonte enters into a Subdivision Agreement with South Shore Isabella Estates Inc. and South Shore Caden Estates Inc.(2008- SUB -01); 3. That the appropriate by -law be brought forward for Council's consideration. 4. And That the owner be notified of Council's decision under the Director of Development Services' signature. Ne I% Carried. c) Report No. CS2013 -07, Doug Irwin, Director of Corporate Services /Clerk, re: Municipal Law Enforcement Occurrence Report January-March 2013. Motion No. C130501 -14 Moved by Evans, Seconded by Crawford Be it resolved that Report No. CS2013 -07, Doug Irwin, Director of Corporate Services /Clerk, re: Municipal Law Enforcement Occurrence Report January-March 2013 be received for information only. Page 10 of 16 Page 14 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Council Meeting Minutes — May 1, 2013. d) Shawn Binns, Director of Recreation and Community Services, re: 2013 Grant & Subsidy Requests Budget Allocation. Councillor Crawford declared a pecuniary interest on two of the requests within Item 10d) Shawn Binns, Director of Recreation and Community Services, re: 2013 Grant & Subsidy Requests Budget Allocation as he is a Director of the Oro Agricultural Society and a Trustee of the Oro Station Hall. Councillor Crawford left the Chambers and did not participate in the discussion or vote on the matters of the Oro Agricultural Society or the Oro Station Hall. Motion No. C130501 -15 Moved by Crawford, Seconded by Evans Be it resolved 1. That the correspondence presented by Shawn Binns, Director of Recreation and Community Services, re: 2013 Grant & Subsidy Requests Budget Allocation be received. 2. That the 2013 Grant Requests be approved in the following amounts: User Group Amount Approved Coldwater & District Agricultural Society $200 Jubilee House $250 -Couchiching Crime Stoppers $200 Oro Agricultural Society separate motion Oro Horticultural Society $2,000 Oro Station Community Hall separate motion Community Hall $2,500 -Rugby Telecare Orillia Distress Line $500 3. And That the applicants be notified of Council's decision under the Mayor's signature. Carried. Motion No. C130501 -16 . Moved by Evans, Seconded by Meyer Be it resolved 1. That the 2013 Grant Request from Oro Agricultural Society in the amount of $500.00 be approved. 2. And That the applicant be notified of Council's decision under the Mayor's signature. Carried. Page 11 of 16 Page 15 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Council Meeting Minutes — May 1, 2013. Motion No. C130501 -17 Moved by Meyer, Seconded by Lancaster Be it resolved 1. That the request from the Oro Agricultural Society for a 2013 subsidy in the amount of $1,632.00 for the use of the Banquet Hall and Old Town Hall for monthly meetings be approved. 2. And That the applicant be notified of Council's decision under the Director of Recreation & Community Services' signature. IffAak Motion No. C130501 -18 Carried. Moved by Crawford, Seconded by Meyer Be it resolved 4e 1. That the Oro - Medonte Horticultural Society 2013 subsidy request in the amount of $1,687.50 for the use of the Banquet Hall be approved. 2. And That the applicant be notified of Council's decision under the Director of Recreation & Community Services' signature. Carried Motion No. C130501 -19 This item was deferred. 11. REPORTS OF MEMBERS OF COUNCIL: None. Page 12 of 16 Page 16 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Council Meeting Minutes — May 1, 2013. 12. CONSENT AGENDA: Page 13 of 16 Page 17 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Council Meeting Minutes — May 1, 2013. 13. COMMUNICATIONS: None. 14. NOTICE OF MOTIONS: None. 15. BY -LAWS: oA# a) b) C) d) By -Law No. 2013 -019: A By -law to Name, Assume and Establish Highways Within the Township of Oro - Medonte, Bachly Avenue, Plan 51 M -679, Jennett Drive, Plan 51 M -679, Brechin Crescent, Plan 51 M -679, Boyd Crescent, Plan 51 M -679. By -Law No. 2013 -061: A By -Law to Adopt Amendment No. 33, 3982 Highway 11 (Heidi's RV Campground) [to be distributed at meeting]. By -Law No. 2013 -062: A By -Law for Zoning By -Law Amendment, 3982 Highway 11 (Heidi's RV Campground) [to be distributed at meeting]. By -Law No. 2013 -065: Being a By -law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro - Medonte and South Shore Isabella Estates Inc. Motion No. C130501 -21 Moved by Meyer, Seconded by Crawford Be it resolved that a) By -Law No. 2013 -019 A By -law to Name, Assume and Establish Highways Within the Township of Oro - Medonte, Bachly Avenue, Plan 51 M -679, Jennett Drive, Plan 51 M -679, Brechin Crescent, Plan 51 M -679, Boyd Crescent, Plan 51 M -679. b) By -Law No. 2013 -061 A By -Law to Adopt Amendment No. 33, 3982 Highway 11 (Heidi's RV Campground). c) By -Law No. 2013 -062 A By -Law for Zoning By -Law Amendment, 3982 Highway 11 (Heidi's RV Campground). d) By -Law No. 2013 -065 Being a By -law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro - Medonte and South Shore Isabella Estates Inc. be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 14 of 16 Page 18 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Council Meeting Minutes — May 1, 2013. 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): a) Motion to go In Closed Session. Motion No. C130501 -22 Moved by Meyer, Seconded by Crawford Be it resolved that we do now go in Closed Session at 10:30 a.m. to discuss • acquisition /disposition of land. b) Motion to Rise and Report. Motion No. C130501 -23 Moved by Evans, Seconded by Crawford Carried. Be it resolved that we do now Rise at 11:09 a.m. and Report on the Closed Session Item 4f) Shawn Binns, Director of Recreation and Community Services re: Acquisition /disposition of land (Parkland Acquisition). Refer to Item 4f) Carried. 18. CONFIRMATION B Be it resolved that By -Law No. 2013 -066, being a by -law to confirm the proceedings of the Council meeting held on Wednesday, May 1, 2013 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 15 of 16 Page 19 of 211 5a) Minutes of Council meeting held on Wednesday, May 1,... Page 20 of 211 6a) Teresa Falconi, Development Services Assistant, re:... Page 21 of 211 6b) Oro - Medonte Fire and Emergency Services and John Wig... Do you have an idea for the next edition of Hot Topics? If you do please submit your idea to Human Resources Fire Safety Visit The Oro - Medonte Emergency and Fire Services Team conducted fire safety training at Wolf Steel at the end of April. A number of associates were selected to be trained in the hazards associated with fires. They all received hands -on experience putting out a fire with a fire extinguisher and got to use a fire hose. A special thank you to our Fire Prevention, Life and Safety Educator — John Wigle, with the Township of Oro- Medonte. rill a � ii �rii� dl i .. ,� , 4� L Page 22 of 211 10a) Jerry Ball, Director of Transportation and Environm... MEMORANDUM 1 Township 1 Proud Heritage, Exciting Future To: Mayor & Council cc: Robin Dunn, CAD From: Jerry Ball R.M. File #: Date: May 6, 2013 Roll #: Subject: New Hydro Line on Line 4 North As all of Council is aware, there is a new solar farm that is proposed for Line 4 North on the east side of Line 4 North, approximately 1 km south of the Old Barrie road. This new project requires the existing hydro line to be upgraded to a heavier line, so that the power generated can be fed into the Hydro One grid system. The following are facts relating to this project: 1. The existing hydro line runs along the east side of Line 4 North, from Highway 11 North to the Partridge farm (approximately 0.8km), the hydro line then crosses over to the west side of Line 4 North. The line continues north along the west side of the road, to the boundary line of the proposed solar farm (approximately 3.9km), where the line crosses back to the east side of Line 4 North, to the Old Barrie Road (approximately 0.7km). 2. The existing line that is presently on the west side of line 4 North is on private property, by way of a registered easement to Hydro One. 3. Hydro One during the past number of years have been eliminating easements, and moving their infrastructure to Municipal road allowance for improved access maintenance and safety. 4. The Municipality receives numerous applications from Hydro One, Bell Canada, Gas Suppliers, and Cable TV, to install their utilities within the road allowances by buried service or on pole lines. Each utility provides a scaled design of the new infrastructure, which includes their preferred location, existing utilities, and required work. Upon receiving this request, staff will complete an onsite review of the draft design to consider the type of tree and brush removal that is required, drainage system, snow storage, the required new location for utilities, and general traffic concerns. 5. Hydro One has provided a draft proposal /design for the new upgraded line, which indicates the new line connecting to the existing line, approximately 0.7 km south of the Old Barrie Road and continuing for a distance of 0.7km on the east side of Line 4 North. At this point the line will cross the road to the west side and continue 3.9 km to the Partridge farm, where it will cross Line 4 North back, to the east side, and extend to Highway 11. Page 23 of 211 10a) Jerry Ball, Director of Transportation and Environm... 6. Hydro One has approval for the new line location along the west side of Line 4 North, from the Partridge farm north, which includes part of the Ferris property. 7. The Crocker & Birnie residents have had concerns with the need to remove some deciduous trees and trim brush along their property frontage, which Hydro One has proposed. S. To reduce tree and brush removal along the Crocker & Birnie property, Hydro One has suggested that the new line would be constructed using 65 foot poles, framing the pole to install the lines on the roadside of the pole, and erect the poles at a 2m offset, instead of the normal 1m offset. The Municipality works with each utility company to locate all new infrastructures, which also includes repairs or upgrades to existing utilities. As stated, each utility provides their draft plan to the Municipality, for approval on the construction work and location for new structures. Therefore, it is suggested that Hydro One will proceed with their design /plans on the side of the right of way that they determine. -2- Page 24 of 211 10b) Report No. DS2013 -27, Andria Leigh, Director of Dev... Tocvnsh - o�', * �� REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: DS2013 -027 Council Bobbi Lovering Meeting Date: Subject: Motion # May 8, 2013 Septic /Septic ver 20 Septic/Septic ver 17 Building Permit 1" Quarter Stats Roll #: R.M.S. File #: n/a Small projects 24 RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. 2013 -027 be received for information. BACKGROUND: Building permit stats report for the first quarter of 2013 ANALYSIS: The following is a summary of permit statistics comparing the permits issued for the first quarter of 2013 to the first quarter of 2012: Number of Permits issued 2013 Number of Permits issued 2012 Residential 6 Residential 8 Res Demo 2 Res Demo 5 Septic /Septic ver 20 Septic/Septic ver 17 Res add /reno 3 Res add /reno 2 Small projects 24 Small projects 17 Agricultural 0 Agricultural 1 Com /Ind 1 Com /Ind 3 Cancelled 1 Cancelled 7 Total 56 Total 53 The number of building permits issued in the first quarter of 2013 is consistent with the first quarter of 2012 . Development Services Report No. 2013 -027 May 8, 2013 Page 1 of 3 Page 25 of 211 1Ob) Report No. DS2O13 -27, Andria Leigh, Director of Dev... FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: The following is a summary of the construction value for permits issued in the first quarter of 2013 comparing the same in 2012. Construction value 2013 Construction value 2012 Residential 4,015,000.00 Residential 2,810,000.00 Res Demo 5,000.00 Res Demo 15,500.00 Septic 164,150.00 Septic 165,000.00 Res add /reno 234,000.00 Res add /reno 450,000.00 Small projects 979,712.00 Small projects 406,000.00 Agricultural 0 Agricultural 40,000.00 Com /Ind 175,000.00 Com /Ind 207,885.00 Cancelled ------------- - - - - -- Cancelled ---------------- - - - - -- Total 5,512,862.00 Total 4,094,385.00 The total construction value in the first quarter of 2013 is 1.4 million dollars higher over the same time period last year. The residential projects underway are large dwellings, and the increased numbers of small residential projects are double over the same value last year. In addition to the construction value for increasing the tax base, the permit fee revenue is shown below. 2013 Permit fee Revenue 2012 Permit fee Revenue Building permit 53,155.65 Building permit 52,408.23 Septic permit 5,475.00 Septic permit 11,010.00 Total 58,630.65 Total 63,418.23 POLICIES /LEGISLATION: The Building Code Act requires Municipalities to enforce building in Ontario through the Ontario Building Code. The Building Code Act sets out legislation for collection of permit fees to cover the direct and indirect costs of Building permits. CORPORATE STRATEGIC GOALS: This report follows the Township's Strategic Goals through enforcement of Building Code regulations. • Quality of Life, • Safe & Healthy Community, • Sustainability, Development Services May 8, 2013 Report No. 2013 -027 Page 2 of 3 Page 26 of 211 10b) Report No. DS2013 -27, Andria Leigh, Director of Dev... CONSULTATIONS: n/a ATTACHMENTS: n/a CONCLUSION: The Building division will see two large commercial projects get underway in 2013. The revised building permit fees now in effect have aligned the Township with surrounding areas and will begin to close the gap between operating costs and fees collected. With the revised fees, commercial projects, and the residential subdivisions ongoing the Building division is on track to meet budget projections for 2013 Respectfully submitted: Bobbi Lovering CBCO Chief Building Official SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Report No. 2013 -027 May 8, 2013 Page 3 of 3 Page 27 of 211 10c) Report No. DS2013 -28, Andria Leigh, Director of Dev... } Township of REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: DS2013 -028 Council Andria Leigh, Director, Develop ment Services Meeting Date: Subject: Motion # May 8, 2013 Site Plan Agreement with Democrat Maplewood Limited, 2013- SPA -09 (Plan M -957, Lot Roll #: 4346- 010 - 003 -26501 R.M.S. File #: D11 1 RECOMMENDATION(S): Requires Action X I For Information Onlyn It is recommended that: 1. Report No. DS2013 -028 be received and adopted. 2. The Township of Oro - Medonte enters into a Site Plan Agreement with Democrat Maplewood Limited thereby permitting the removal of the Holding Provision applying to the subject lot for the construction of a single detached dwelling; 3. The Clerk bring forward the by -laws for Council's consideration to enter into a Site Plan Agreement with Democrat Maplewood Limited and to remove the Holding Provision applying to the lands described as Lot 1, Plan 51 M -957, respectively; and 4. The owner be notified of Council's decision. BACKGROUND: The applicant is proposing to have a Site Plan Agreement registered on title for the construction of a 177.72 sq.m. (1913 sq.ft.) single detached dwelling with a 50.73 sq.m. (546 sq.ft.) attached 2 car garage on Lot 1, Plan 51 M -957, in the Diamond Valley Estates Subdivision. The zoning presently in effect for the subject lands is Residential One Holding Provision (R1 (H)) Zone and, as such, the owner must enter into a Site Plan Agreement prior to the issuance of a Zoning Certificate and Building Permit related to the construction of the dwelling on the respective Lot. The owner must enter into a Site Plan Agreement before the Holding Provision can be removed. With respect to recent development within the Diamond Valley Estates Subdivision, it is noted that a potential ossuary was discovered during excavation taking place on Lot 122, in December 2011. Following this discovery, the developer's archaeologist corresponded with the Cemeteries Regulation Branch of the Ministry of Consumer Services, through which they provided a report illustrating the potential ossuary being entirely within Lot 122. Subsequently, the developer's archaeologist provided correspondence to the Township, stating that: DEVELOPMENT SERVICES May 8, 2013 Report No. DS2013 -028 Page 1 of 4 Page 28 of 211 10c) Report No. DS2013 -28, Andria Leigh, Director of Dev... • "The area of concern is wholly contained within Lot 122 and well removed from any planning boundary."; • "This discovery will have no impact on the surrounding lots.'; • "As the discovery appears to represent an intact and intentional burial site, it is expected that Lot 122 will become a registered cemetery and that the remains will not be moved. "; and • "We do not believe that there is any necessity arising from this situation, now or in the future, to restrict any activity on any other portion of the development property outside of Lot 122." Therefore, on the basis of the discovery of a potential ossuary, and subsequent correspondence as noted above, Planning staff have now incorporated additional wording into all site plan agreements that requires the owner of a lot and /or their agent to: retain the services of a consulting archaeologist for their on -site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary; assume all liability with respect to the discovery of any ossuary and/or archaeologically sensitive features or areas through any development; and cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and to notify all appropriate Ministries and Agencies, including, the Registrar of Cemeteries and the Township. ANALYSIS: The subject property is designated Residential by the Township's Official Plan, and zoned Residential One Holding Provision (R1 (H)) Zone by the Township's Zoning By -law 97 -95. The applicant is required to enter into a Site Plan Agreement with Council with respect to the removal of the Holding Provision on the subject Lot. These provisions were imposed through the subdivision approval process in order to determine appropriate building envelopes. Further, Planning staff have reviewed the submission related to the proposed construction of a dwelling on the subject lot, and confirmed compliance with applicable provisions of the Township's Zoning By -law 97 -95, as amended. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Not applicable. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan Township of Oro - Medonte Zoning By -law 97 -95 Planning Act, R.S.O 1990, c. P. 13, Sections 36 and 41 DEVELOPMENT SERVICES Report No. DS2013 -028 May 8, 2013 Page 2 of 4 Page 29 of 211 10c) Report No. DS2013 -28, Andria Leigh, Director of Dev... CORPORATE STRATEGIC GOALS: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro - Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs." Safe & Health Community — To ensure that Oro - Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles. Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations CONSULTATIONS: • Township Departments ATTACHMENTS: Schedule 1: Location Map CONCLUSION: The purpose of this Site Plan Application is to register a Site Plan Agreement on title for the subject lot, with respect to the construction of single detached dwelling on Lot 1 of the Diamond Valley Estates Subdivision (Plan 51 M -957), due to the Holding Provision applying to the zoning of this lot. It is recommended that Site Plan Application 2013 - SPA -09 (Lot 1) be approved and the associated by -laws for Site Plan Approval and Removal of the Holding Provision be adopted by Council. Respectfully submitted: Andria Leigh, MCIP, RPP Director, Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES Report No. DS2013 -028 May 8, 2013 Page 3 of 4 Page 30 of 211 10c) Report No. DS2013 -28, Andria Leigh, Director of Dev... SCHEDULE 1: LOCATION MAP 2013 - SPA -09 (Lot 1) (Democrat Maplewood Limited) DEVELOPMENT SERVICES May 8, 2013 Report No. DS2013 -028 Page 4 of 4 Page 31 of 211 Cycling Strateau _ f Open Houses As a pilot project in partnership with Tourism Sim- coe County, the Township is working with the Barrie /Simcoe Cycling Club to develop a Cycling Stategy for the Township. Learn more about the plan at one of two upcoming Open Houses at the Township Administration Centre: Tuesday, May 14th from 5:00pm - 8:00pm Wednesday, May 15th from 9:00am - 12:00pm For the most current information about the strategy and to provide your input, visit oro - medonte.ca /Economic /Cycling5trategy _ - or email cycling @oro - medonte.ca > _ - TOURISM O v W W 0 N a Mo. � Township of Proud Heritage, Exciting Future VICTORIA DAY OFFICE CLOSURE The Township of Oro - Medonte offices will be closed on Monday, May 20t" in recognition of Victoria Day. The offices will re -open on Tuesday, May 21St for regular business hours, 8:30 a.m. — 4:30 p.m. We wish all residents and visitors a safe and happy weekend. 0 3 Cn 0 E Cn 0 1 � N n• v 12a) Announcements of Interest to the Public . uyciing open... EMERGENCY PREPAREDNESS WEEK 00. PANCAKE BREAKFAST Saturday May H"', 2013 �Rr 9:00 — 12 :00 The Oro - Medonte Fire & Emergency Services in conjunction with the Oro - Medonte Firefighters Association Invite you to: Enjoy some pancakes and sausages, learn how to prepare for an emergency, enter to win prizes and take some time to see the emergency vehicle and meet your local firefighters. All proceeds will be donated to the Barrie, Orillia and Coldwater Food Banks $5.00 per adult and $3.00 per child (under 12) Come out to your community fire hall: Station 1 — Shanty Bay — 1950 Ridge Road West Station 2 — Hawkestone — 375 Line 11 South Station 3 — Horseshoe Valley - 3375 Line 4 North Station 4 — Rugby - 1904 Old Barrie Road E. Station 5 — Warminster — 1911 Warminster Sideroad Station 6 — Moonstone — 5668 Line 7 North For further details contact the Oro - Medonte Fire and Emergency Services at: (705) 835 -5568 Page 34 of 211 12b) Minutes of Nottawasaga Valley Conservation Authorit... * rI NOTTAWASAGA VALLEY CONSERVATION AUTHORITY I MABOARD OF DIRECTORS 03/13 Minutes Date: Friday March 22, 2013 PRESENT: Chair Nina Bifolchi Town of Wasaga Beach Vice Chair: Darren White Township of Melancthon Past Chair: Walter Benotto Town of Shelburne Members:, Gail Ardiel Town of the Blue Mountains Mary Brett Township of Adjala - Tosorontio Mel Coutanche Township of Oro - Medonte Rob Keffer Township of Bradford West Gwillimbury Kevin Lloyd Town of Collingwood Bob Marrs Town of New Tecumseth Paul McQueen Municipality of Grey Highlands Fred Nix Town of Mono Brent Preston Township of Clearview Perry Ritchie Township of Springwater Percy Way Township of Amaranth Keith White Township of Essa REGRETS Daniel Davidson Town of Innisfil Mike Edwards Town of Collingwood Earl Hawkins Township of Mulmur Arif Khan City of Barrie Marty Lancaster Township of Oro - Medonte Alicia Savage Township of Clearview Michael Smith Township of Essa George Watson Township of Wasaga Beach Rick Webster Township of Springwater Guests: Paul Neals, Vice President, Azimuth Environmental Consulting Inc. Dan Amadio, MHBC Design & Landscape Architecture Staff: Wayne R. Wilson, CAO /Secretary Treasurer Sheryl Flannagan, Director of Corporate Services Byron Wesson, Director Land Operations & Stewardship Services Chris Hibberd, Director of Planning Patti Young, Senior Planner Glenn Switzer, Director of Engineering and Technical Services Dave Featherstone, Manager Watershed Monitoring Caleigh Clubine, Communications /PR Coordinator Recorder: Laurie Barron, Executive Assistant Page 35 of 211 12b) Minutes of Nottawasaga Valley Conservation Authorit... BOARD OF DIRECTORS MINUTES MEETING No: 03113 March 22, 2013 Page 2 of 7 1. CALL TO ORDER Chair Bifolchi called the meeting to order at 9:10 a.m. 2. MOTION TO ADOPT AGENDA RES: #1 MOVED BY: Walter Benotto SECONDED BY: Bob Marrs RESOLVED THAT: The Agenda for Board of Directors Meeting #03/13 dated 22 March, 2013 be adopted. Carried; 3. PECUNIARY INTEREST DECLARATION None declared 4. MINUTES Minutes of the Board of Directors Meeting 02/13 dated 22 February, 2013 RES: #2 MO VED BY: Bob Marrs SECONDED BY: Walter Benotto RESOLVED THAT: the Minutes of the Board of Directors Meeting 02/13 dated 22 February, 2013 be approved. Carried; 5. Draft Minutes of the Planning Fee Ad -Hoc Committee 02/13 dated 22 February, 2013 RES: #3 MOVED BY: Walter Benotto SECONDED BY: Bob Marrs Resolution: RESOLVED THAT: the Minutes of the Draft Minutes of the Planning Fee Ad -Hoc Committee 02/13 be received. Carried; 6. BUSINESS ARISING FROM MINUTES None noted 7. DEPUTATION: 7.1 1442968 ONTARIO LIMITED ARDAGH WEST SECONDARY PLAN, CITY OF BARRIE Presented by: Paul Neals, Vice President, Azimuth Environmental Consulting Inc., and Dan Amadio, MHBC Design & Landscape Architecture Mr. Neals and Mr. Amadio presented the reason for the deputation. The Province of Ontario defined the scope of studies required to develop in proximity to Bear Creek Provincially Significant Wetlands (PSW). Page 36 of 211 12b) Minutes of Nottawasaga Valley Conservation Authorit... BOARD OF DIRECTORS MINUTES MEETING No: 03113 March 22, 2013 Page 3 of 7 The Proponent has completed a Comprehensive Environmental Impact Study to define developable limits as required and the Province approved this study. In pre - consultation with NVCA staff advised that development limits would need to be re- evaluated. The Proponent is requesting that staff, through the Board of Directors, recognize that this work has already been completed and allow the proponent to move forward with the applications with the following being recognized: • Use the PSW limit defined by the Comprehensive EA process and approved by MNR for the subsequent development • Work with NVCA staff to establish appropriate buffers and mitigation measures • Obtain a permit from the NVCA for development of the lands adjacent to the PSW • Confirmation from NVCA to proceed on this basis Chair Bifolchi thanked Mr. Neals and Mr. Amadio for their presentation. Chair Bifolchi then asked Senior Planner Patti Young to present her staff report. Discussion ensued and the following resolution was carried. REPORT OF THE SENIOR PLANNER • DEPUTATION TO THE BOARD FROM 1442968 ONTARIO LTD., ARDAGH SECONDARY PLAN, CITY OF BARRIE RES: #4 MOVED BY: Bob Marrs SECONDED BY: Fred Nix RESOLVED THAT: the Board of Directors receive the report of the Senior Planner regarding deputation to the Board from 1442968 Ontario Ltd., Ardagh Secondary Plan, City of Barrie; and THAT: staff continue to work with the landowner and the City of Barrie on this matter; and furthermore THAT: staff will report back to the board on this matter for further direction as required. Carried; 7.2 PROCYON LEASE AGREEMENT Dr. Cynthia Post, Veterinarian, Procyon Wildlife Deferred by to April 26/13 Page 37 of 211 12b) Minutes of Nottawasaga Valley Conservation Authorit... BOARD OF DIRECTORS MINUTES MEETING No: 03/13 March 22, 2013 Page 4 of 7 S. REPORT OF THE DIRECTOR OF LAND OPERATIONS AND STEWARDSHIP SERVICES LAND USE AGREEMENTS: NEW LOWELL, MINESING WETLANDS AND RIVERDALE PARK. RES: #5 MOVED BY: Bob Marrs SECONDED BY: Fred Nix RESOLVED THAT: the Board Directors approve the following lease renewals on NVCA properties: New Lowe, Minesing Wetlands and Riverdale Park; and THAT: each property lease be approved for five year terms with each one containing individual particulars including; • The New Lowell lease be renewed for a 5 year term at $16,229 for 2013 with an increase of 3 % per year plus HST. • The Minesing Wetlands agricultural lease be renewed for a 5 year term at a rate of $27.00 per acre plus HST; and • The Riverdale Park lease be renewed with Town of New Tecumseth for a 5 year term and that staff work towards developing a long term 20 year lease as per MNR requirements. Carried; 9. REPORT OF THE DIRECTOR OF PLANNING PERMITS FOR RATIFICATION FROM FEBRUARY 15/13 TO MARCH 13/13 RES: #6 MOVED BY: Bob Marrs SECONDED BY: Fred Nix RESOLVED THAT: the permits for ratification issued by staff for the period February 15, 2013 to March 13, 2013 be received. Carried; 10. REPORT OF THE MANAGER, WATERSHED MONITORING PROGRAM NVCA REPORT CARD AND WATERSHED HEALTH CHECKS RES: #7 MOVED BY: Bob Marrs SECONDED BY: Fred Nix RESOLVED THAT: the 2013 NVCA Report Card (Conservation Ontario product) be received for information and endorsed for circulation to our watershed municipalities and other interested stakeholders; and further THAT: the Board of Directors review the Draft NVCA Watershed Health Checks and provide their comments back to staff by April 15/13, for further review at the April 26/13 board meeting. Carried; Page 38 of 211 12b) Minutes of Nottawasaga Valley Conservation Authorit... BOARD OF DIRECTORS MINUTES MEETING No: 03113 March 22, 2013 Page 5 of 7 11. REPORT OF THE DIRECTOR OF COPORATE SERVICES AND THE COMMUNICATIONS & PR COORDINATOR Communications Report — February, 2013 RES: #8 MOVED BY: Bob Marrs SECONDED BY: Fred Nix RESOLVED THAT: The Communications report for February, 2013 be received. Carried; 12. REPORT OF THE DIRECTOR OF CORPORATE SERVICES 12.1 PER DIEM RATE RES: #9 MOVED BY: Darren White SECONDED BY: Keith White RESOLVED THAT: staff be directed to seek approval of the Ontario Municipal Board (OMB), pursuant to Section 37 of the Conservation Authorities Act, to apply a cost of living increase to NVCA members per diems of 1.5 %, representing the Ontario Consumer Price Index (CPI) inflation rate from December 2011 to November 2012; and THAT: the increase be effective as at January 1, 2013. Carried; 12.2 2013 KILOMETER RATE RES: #10 MOVED BY: Darren White SECONDED BY: Keith White RESOLVED THAT: the NVCA kilometer rate for Board of Directors and NVCA staff be increased to 54¢ per km for the first 5,000 kms, and 48� for each additional km, as per the 2013 Department of Finance Canada kilometer rate; and THAT: the increase be effective as at January 1, 2013. Carried; 12.3 NEW POLICIES -WORK IN EXTREME HEAT AND COLD & RECORDS RETENTION POLICIES AND PROCEDURES RES: #11 MOVED BY: Mary Brett SECONDED BY: Darren White RESOLVED THAT: the Work in Extreme Heat and Cold Policy & Procedure be approved effective March 22, 2013; and THAT: the Records Retention Policy & Procedure be approved effective March 22, 2013. Carried; Page 39 of 211 12b) Minutes of Nottawasaga Valley Conservation Authorit... BOARD OF DIRECTORS MINUTES MEETING No: 03/13 March 22, 2013 Page 6 of 7 12.4 UPDATED POLICIES — BEREAVEMENT LEAVE — OVERTIME — PURCHSE OF GOODS & SERVICES RES: #12 MOVED BY: Kevin Lloyd SECONDED BY: Gail Ardiel RESOLVED THAT: the Bereavement Leave Policy & Procedure be approved effective March 22, 2013; and THAT: the Overtime Policy & Procedure be approved effective March 22, 2013; and further THAT: that the Purchase of Goods & Services Policy & Procedure be approved effective March 22, 2013. Carried; 13. REPORT OF THE FINANCE ADMINISTRATIVE COORDINATOR AND THE CAO /SECRETARY- TREASURER Financial Activity Report Summary to February 28, 2013 a) Accounts Receivable Summary as at February 28, 3013 RES: #13 MOVED BY: Gail Ardiel SECONDED BY: Kevin Lloyd RESOLVED THAT: The Chair be authorized to approve the Accounts Receivable as at 28 February, 2013 in the amount of $396,704.24 including Planning items of $408,748.00 Carried; b) Summary of Disbursements for the month of February, 2013 RES: #14 MOVED BY: Kevin Lloyd SECONDED BY: Gail Ardiel RESOLVED THAT: The Chair be authorized to approve disbursements as at February 28, 2013 in the sum of $508,361.10 including wages (net of withholdings) of $200,120.46 Carried; c) Statement of Operations for Period Ending 28 February, 2013 RES: #15 MOVED BY: Gail Ardiel SECONDED BY: Kevin Lloyd RESOLVED THAT: The Unaudited Combined Statement of Operations Program Summary as at 28 February, 2013 be received. Carried; Page 40 of 211 12b) Minutes of Nottawasaga Valley Conservation Authorit... BOARD OF DIRECTORS MINUTES MEETING No: 03113 March 22, 2013 Page 7 of 7 14. CORRESPONDENCE (a) Angus Ratepayers Association, Wendy Harry, President Dated Feb 13/13 re: Floodplain management in the settlement area of Angus. (b) NVCA Chair Nina Bifolchi's response to Angus Ratepayers letter dated Feb 13/13 re: Floodplain management in the settlement area of Angus. (c) MNR letter to CAO's of Conservation Authorities dated Feb 23/13 re: Update on the individual Conservation Authority Regulations. (d) MNR letter to CALC members dated Feb 25/13 re: advise of recent amendments to conservation authority regulations to help streamline the permitting process. (e) Township of Essa's letter to Hon. Linda Jeffery dated Feb 27/13 re: Source Water Protection Plans, Mandatory re- inspection of Septic Systems. (f) Township of Melancthon resolution dated March 7/13 re: request that Hon. Kathleen Wynne, commence a full review of the Aggregate Resources Act. Vice Chair Darren White asked the members to consider sending a similar motion as in (f) above from their respective Councils to the Hon. Kathleen Wynne, re: Aggregate Resources Act. RES: #16 MOVED BY: Kevin Lloyd SECONDED BY: Gail Ardiel RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; FUTURE MEETINGS Planning Fee Ad -Hoc Committee — March 22, 2013 12:00 noon to 2:00 p.m. Board of Directors — April 26/13 - 9:00 a.m. to 12:00 noon John L. Jose Learning Centre, Tiffin CA ADJOURNED RESOLVED THAT: This meeting adjourn at 11:03 a.m. to meet again at the call of the Chair. Nina Bifolchi, Chair Approved this 26th day of April, 2013 Carried; Wayne R. Wilson, CAO /Secretary- Treasurer Page 41 of 211 12c) Minutes of Lake Simcoe Region Conservation Authorit... IQLake Simcoe Region conservation authority BOARD OF DIRECTORS' MEETING NO. BOD -03 -13 — Friday, March 22, 2013 120 Bayview Parkway, Newmarket, ON LSRCA Board Members Present: Mayor R. Grossi, Chair Regional Councillor D. Bath, Vice -Chair Regional Councillor J. Ballinger Mr. E. Bull Councillor P. Craig Councillor D. Crake Mayor G. Dawe Deputy Mayor B. Drew Councillor A. Eek Councillor D. Evans Councillor K. Ferdinands Mayor V. Hackson Councillor D. Kerwin Councillor J. O'Donnell Councillor B. Ward Regrets: Councillor M. Baier Councillor B. Haire Mayor A. Orsi Councillor S. Strangway MINUTES LSRCA Staff Present: D.G. Wood, Chief Administrative Officer B. Kemp, General Manager, Conservation Lands J. Lee, General Manager, Corporate & Financial Services R. Jarrett, General Manager, Communications & Education R. Baldwin, Acting General Manager, Watershed Management T. Barnett, Coordinator, BOD /CAO, Project & Services Cheryl Taylor, Executive Director, Lake Simcoe Conservation Foundation Bev Booth, Manager, Planning, Regulations and Enforcement Keri Christensen, Manager, Human Resources Phil Davies, Manager, Watershed Stewardship David Lembcke, Manager, Environmental Science and Monitoring Ben Longstaff, Manager Sub - watershed Planning & SWP Kristen Yemm, Manager Lance Aspen, Hydrologist Eavan O'Connor, Water Quality Specialist Pamela Strong, Sub - watershed Planner Guests Debby Beatty, President, Lake Simcoe Conservation Foundation Kenneth Hill, Hill Hunter Losell Law Firm LLP I. DECLARATION OF PECUNIARY INTEREST None noted for the record of this meeting. II. APPROVAL OF THE AGENDA Moved by: J. O'Donnell Seconded by: P. Craig BOD- 039 -13 RESOLVED THAT the content of the Agenda as presented for the February 22, 2013 meeting of the Board of Directors be approved as amended to include an additional Human Resources item in Closed Session and to move the presentation by David Lembcke under Item VII forward to Item IV. CARRIED III. ADOPTION OF THE MINUTES a) Board of Directors Moved by: J. Ballinger Seconded by: E. Bull Page 42 of 211 12c) Minutes of Lake Simcoe Region Conservation Authorit... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -03 -13 March 22, 2013 — Minutes Page 2 of 8 BOD- 040 -13 RESOLVED THAT the minutes of the Board of Directors' Meeting No. BOD -02 -13 held on Friday, February 22, 2013 be adopted and approved as printed and circulated. CARRIED IV. ANNOUNCEMENTS a) Mayor Grossi advised that a Lake Simcoe Living Magazine had been handed out to Board member. LSRCA's article on Invasive Mussels can be found on Pages 16 -17. Additional copies may be obtained by contacting info@ lakesimcoeliving.com. b) Debby Beatty, President, Lake Simcoe Conservation Foundation (LSCF), thanked LSRCA Board members Mayor Virginia Hackson and Regional Councillor Bobbie Drew for their many years' service on the Lake Simcoe Conservation Foundation Board. Mrs. Beatty presented each of the ladies with a framed certificate in recognition of their dedication and commitment to the Foundation. Mrs. Beatty also reminded everyone about the Lake Simcoe Conservation Foundation's 25`h Annual Conservation Dinner being held on Wednesday, June 5 1 at the Manor at Carrying Place Golf and Country Club in Kettleby. For more information on the dinner or to purchase tickets, please contact Judy Milner @ j.milner @lsrca.on.ca. V. DEPUTATIONS There were no deputations at this meeting. VI. HEARINGS There were no hearings at this meeting. VII. PRESENTATIONS a) The Report on the Phosphorus Loads to Lake Simcoe 2007 — 2009 Manager, Environmental Science and Monitoring, David Lembcke, provided a presentation regarding the Report on the Phosphorus Loads to Lake Simcoe 2007 — 2009, noting that monitoring of water quality in Lake Simcoe began in 1982, and calculation of phosphorus loads began in the mid 1980's. Annual phosphorus loads for 1990 to 1993 averaged 130 tonnes /year, with a high of 155 tonnes /year in the years 1990 and 1992. An interim phosphorus target of 75 tonnes /year was established under the Lake Simcoe Environmental Management Strategy partnership (1990- 2007), and a new target of 44 tonnes /year was set in 2009 as part of the Lake Simcoe Protection Plan. Staff advised that phosphorus loads in Lake Simcoe were unusually high in the hydrologic years (June 1 — May 31) of 2007 and 2008 mainly as a result of higher than normal tributary flow generated by unusually wet years. He explained how precipitation is the main mover of phosphorus, and these unusually wet years allowed for greater amounts of phosphorus to be transported throughout the lake. Phosphorus loads returned to more normal levels in 2009. A study of the last 94 years shows that only three years have been wetter than 2008 and only six years have been higher than 2007. Page 43 of 211 12c) Minutes of Lake Simcoe Region Conservation Authorit... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -03 -13 March 22, 2013 — Minutes Page 3 of 8 Councillor Eek asked when the next report was expected. David explained that LSRCA continues to work the Ministry of the Environment, and data is always being collected; thus the next report could be released next year or the following year. Moved by: A. Eek Seconded by: J. Ballinger BOD- 041 -13 RESOLVED THAT the presentation by David Lembcke regarding the Report on Phosphorus to Lake Simcoe 2007 — 2009 be received for information. CARRIED Manager, Environmental Science and Monitoring, David Lembcke, had also prepared a staff report on the Report on the Phosphorus Loads to Lake Simcoe 2007 — 2009, which was included in the agenda. Moved by: A. Eek Seconded by: J. Ballinger BOD- 042 -13 RESOLVED THAT Staff Report No. 19- 13 -BOD, Item 7, regarding the Report on the Phosphorus Loads to Lake Simcoe 2007 - 2009 be received for information. CARRIED Regional Councillor Ballinger asked if there was any foresight into the reduction of weeds. David explained the impact on plant mass has been studied, and wind seems to be major factor in weeds landing on north shore of Lake Simcoe. Councillor Evans asked, what if anything, can be done about the abundance of geese. Rob Baldwin, Acting GM, Watershed Management, explained that these are protected birds. Councillor Evans recommended that LSRCA make a statement about geese to the various ministries. Moved by: D. Evans Seconded by: J. O'Donnell BOD- 043 -13 RESOLVED THAT Staff be directed to send a letter to MOE and MNR, with a copy to the various municipalities regarding the problems with geese. CARRIED b) Hill Hunter Losell Annual Process Review Kenneth Hill of Hill Hunter Losell Law Firm LLP provided an annual review of the legal, hearing and tribunal process the Board is required to undertake when conducting a Section 28 Hearing under the Statutory Powers and Procedures Act. Mr. Hill explained that it is important to first look at why regulations are in place, to reduce the risk and dangers of flooding, and protect wetlands. Section 28 of the Conservation Authorities Act states that hearings are the result of an individual's rights to appeal the Authority's decision. Recent amendments allow employees to be designated to approve permits. The life of a permit has been extended to up to 60 months under certain circumstances, and designated employees can approve permits up to 2 years. The hearing process, once requested, must be conducted by the Authority's Board of Directors, and governed by hearing guidelines. Individuals have a right to a fair hearing, with both sides being listened to and all evidence heard. Conflicts of interest should be declared. In conducting a hearing, the Board should ask lots of questions to ensure they have all the details. If a decision is delayed, the details should not be discussed outside the hearing room. Decisions must be given in writing. Page 44 of 211 12c) Minutes of Lake Simcoe Region Conservation Authorit... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -03 -13 March 22, 2013 — Minutes Page 4 of 8 Moved by: V. Hackson Seconded by: B. Ward BOD- 044 -13 RESOLVED THAT the presentation by Kenneth Hill regarding the legal, hearing and tribunal process the Board is required to undertake when conducting a Section 28 Hearing under the Statutory Powers and Procedures Act be received for information. CARRIED c) 2013 Lake Simcoe Watershed Report Card Manager, Subwatershed Planning and SWP, Ben Longstaff, provided a presentation on the 2013 Lake Simcoe Watershed Report Card. Mr. Longstaff first acknowledged Sub - watershed Planner, Pam Strong, the Monitoring Team and the Communications Team, who have all worked many hours on the report card. Staff reviewed the history of the watershed report card, noting the first one was released in 2008 and updated in 2009. A grade of A -F is given for each indicator within each subwatershed. The three resource categories measured and reported on by all conservation authorities in the 2013 standardized report cards are Surface Water Quality, Forest Conditions, and Groundwater Quality with a set of indicators for each category. A fourth indicator was left to the discretion of each Conservation Authority to select in order to customize for their unique watersheds. In the LSRCA report card, the concentration of phosphorus within the lake was selected as our fourth indicator. A copy of the 2013 Lake Simcoe Watershed Report Card is available on Conservation Ontario's website @ http://www.conservationontario.ca/index.html. Moved by: J. Ballinger Seconded by: E. Bull BOD- 045 -13 RESOLVED THAT the presentation by Ben Longstaff regarding the 2013 Lake Simcoe Watershed Report Card be received for information. CARRIED Manager, Corporate Communications, Kristen Yemm, had also prepared a staff report on the 2013 Lake Simcoe Watershed Report Card Report Card, which was included in the agenda. Moved by: J. Ballinger Seconded by: E. Bull BOD- 046 -13 RESOLVED THAT Staff Report No. 18- 13 -BOD, Item 6, regarding the 2013 Lake Simcoe Watershed Report Card be received for information. CARRIED VIII. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION The Board identified Agenda Items 3 and 5 for separate discussion. IX. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by: G. Dawe Seconded by: B. Drew BOD- 047 -13 RESOLVED THAT the following recommendations respecting the matters listed as "Items Not Requiring Separate Discussion" be adopted as submitted to the Board Page 45 of 211 12c) Minutes of Lake Simcoe Region Conservation Authorit... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -03 -13 March 22, 2013 — Minutes Page 5 of 8 and staff be authorized to take all necessary action required to give effect to same. CARRIED 1. Correspondence BOD- 048 -13 RESOLVED THAT the correspondence listed in the agenda as items 1 (a) through (g) be received for information. CARRIED 2. Monthly Communications Update BOD- 049 -13 RESOLVED THAT the Monthly Communications Update — Summary, for the period February 1 — February 28, 2013 be received for information. CARRIED 4. Update on Amendment of Ontario Regulation 179/06 made Under Section 28 of the Conservation Authorities Act BOD- 050 -13 RESOLVED THAT Staff Report 16- 13 -BOD regarding an Update - Amendment of Ontario Regulation 179/06 made under Section 28 of the Conservation Authorities Act, be received for information; and FURTHER THAT staff will distribute a monthly summary of approved permits to the Board of Directors for their information; and FURTHER THAT the Manager, Engineering & Technical Services be delegated the authorization to approve permissions under Ontario Regulation 179/06. CARRIED 8. Year -End Monitoring Report — Planning and Development Applications for the Period January 1 through December 31, 2012 BOD- 051 -13 RESOLVED THAT Staff Report No. 20- 13 -BOD regarding the year -end monitoring of planning and development applications for the period January 1 through December 31, 2012 be received for information. CARRIED X. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 3. Preliminary 2012 Financial Statements General Manager, Corporate Services, Jocelyn Lee, gave a brief explanation of the year end results, noting there was a surplus of funds at year end. Staff mentioned that most projections were as forecast, with some programs being carried over into 2013. Staff referred to Staff Report 15- 13 -BOD, where staff had put forward allocations for use of surplus. Overall, it was a productive year for the Authority. Councillor Kerwin inquired as to the liability, if any, with regards to retiree benefits. Staff advised there are no retiree benefits and therefore no liability. Staff also advised of the Authority's policy that vacation days must be taken in the year granted and carryover of vacation days is not allowed, thereby alleviating any liability for vacation payout. Page 46 of 211 12c) Minutes of Lake Simcoe Region Conservation Authorit... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -03 -13 March 22, 2013 — Minutes Page 6 of 8 Mayor Hackson congratulated staff on maintaining a balanced budget with surplus. Moved by: V. Hackson Seconded by: D. Kerwin BOD- 052 -13 RESOLVED THAT Staff Report No. 15- 13 -BOD entitled 2012 Preliminary Unaudited Financial Statements be received; and FURTHER THAT the Appropriations to Reserve from operations as outlined in Schedule 5 of the 2012 Preliminary Unaudited Financial Statements be approved pending any changes brought forward in the 2012 Audited Financial Statements to be presented at the April 2012 Board meeting; and FURTHER THAT the pending 2012 Audited Financial Statements be distributed to the Ministry of Natural Resources and the Authority's banker. CARRIED 5. Updated LSRCA Administrative By -Laws In review of Administrative By -Law # 1, Governance and Administrative Policies, which was included in the agenda package, the Board agreed that a section should be added regarding Ad Hoc Committees. A question was raised regarding whether Section 2.2, Board Composition, should be followed or changed, as following it may result in additional board members. It was decided that CAO Gayle Wood would bring a recommendation back to the Board with respect to Section 2.2 CAO Gayle Wood directed the Board to Section 3.4, Reliance on and Relationship with CAO /Secretary- Treasurer, and respectfully requested that all requests from Board members come through the Office of the CAO. Directing all requests through the CAO will ensure that requests are directed to proper staff person. The Chair and Board agreed that this protocol should and will be followed. In review of Administrative By -Law # 2, Meeting Procedures, which was included in the agenda package, a discussion was held regarding Section H, Conflict of Interest, and whether a Board member should be able to remain at the table in a public session after declaring a conflict of interest. The Board decided that anyone declaring a conflict of interest in a public session should leave the room; and therefore, no change is required to this section. Moved by: K. Ferdinands Seconded by: P. Craig BOD- 053 -13 RESOLVED THAT Staff Report 17- 13 -BOD regarding the updated LSRCA Administrative By -Laws be received; and FURTHER THAT Administrative By -Law #1 on Governance and Administrative Policies and By -Law #2 on Meeting Procedures, dated March 22, 2013 be approved as amended to revise the By -Law in relation to Board Composition and Ad Hoc Committees; and Page 47 of 211 12c) Minutes of Lake Simcoe Region Conservation Authorit... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -03 -13 March 22, 2013 — Minutes Page 7 of 8 FURTHER THAT the Chief Administrative Officer be directed to report back to the Board regarding Section 2.2 of CAA. CARRIED XI. CLOSED SESSION The Board moved to Closed Session to receive an update on confidential land, legal and human resources matters. Moved by: A. Eek Seconded by: G. Dawe BOD- 054 -13 RESOLVED THAT the Board move to Closed Session to deal with confidential legal and human resources matter, and FURTHER THAT the Chief Administrative Officer and Members of the Executive Management Team, and the Coordinator BOD /CAO, Projects and Services, remain in the meeting for the discussion. CARRIED Moved by: J. Ballinger Seconded by: D. Evans BOD- 055 -13 RESOLVED THAT the Board rise from Closed Session and report findings. CARRIED a) Legal Matter Moved by: D. Crake Seconded by: D. Kerwin BOD- 056 -13 RESOLVED THAT Confidential Staff Report 21- 13 -BOD regarding the year -end status of enforcement matters for the period January 1 through December 31, 2012 be received for information, as amended to direct Staff to report back on current appeal process. CARRIED b) Human Resources Matter Moved by: A. Eek Seconded by: J. O'Donnell BOD- 057 -13 RESOLVED THAT the discussion regarding a Human Resources matter be received for information. CARRIED XII. OTHER BUSINESS a) Experimental Lakes Area Mayor Dawe mentioned an article he had read regarding the Experimental Lakes Area in northwestern Ontario and specifically the recent announcement by the Department of Fisheries and Oceans of its plans to discontinue funding of this unique research station. Mayor Dawe requested that the Authority send a letter of concern to the Government of Canada regarding the removal of such funding. For more information and the latest news on the Experimental Lakes Area, please visit http: / /saveela.org /. Page 48 of 211 12c) Minutes of Lake Simcoe Region Conservation Authorit... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -03 -13 March 22, 2013 — Minutes Page 8 of 8 Moved by: G. Dawe Seconded by: P. Craig BOD- 058 -13 RESOLVED THAT Staff be directed to prepare and send a letter to the Government of Canada expressing concern regarding the removal of funding for the Experimental Lakes Area be received for information. CARRIED b) Vegetable Growers' Conference in Bradford Councillor Eek advised the Board that the 62nd Annual Muck Vegetable Growers' Conference is being held in Bradford on April 3'd and 4th, and it would be nice to see some Board members attend. c) Next Board of Directors' Meeting The next meeting of the Board of Directors will be held on Friday, April 26th and will be hosted by the Township of Ramara, located at 2297 Highway 12, Brechin, ON. The meeting will commence at 10:00 a.m. upon completion of the Lake Simcoe and Couchiching /Black River Source Protection Authority SPA meeting, which will take place from 9:00 a.m. to 10:00 a.m. XIII. ADJOURNMENT The meeting was adjourned at 11:40 a.m. on a motion by D. Bath. Mayor Robert Grossi Chair D. Gayle Wood Chief Administrative Officer Page 49 of 211 13a) Correspondence received April 29, 2013 from Lake Si... Page 50 of 211 13a) Correspondence received April 29, 2013 from Lake Si... 25TH ANNUAL va W& I V/I/ P/' W There is a strong connection between our personal health and the health of our natural world. When the world outside your front door is healthy we all benefit. Supporting the Conservation Dinner is an investment in our future that will help protect the natural environment for generations to come. Celebrate Simcoe 25th Anniversary of the Conservation Dinner The Conservation Dinner is our annual signature event. The Conservation Dinner aims to raise funds for critical environmental restoration, protection and educational programs and projects in the Lake Simcoe watershed as well as awareness of the importance of taking care of our fragile ecosystem. Thanks to our Conservation Dinner supporters, what started out as a simple church basement fundraiser 25 years ago has evolved into an event that since 2001 has raised almost $1 Million dollars! 2013 is a special year for us at the Foundation so please join us! Wednesday, June 5, 2013 will mark not only the 25th Anniversary of the Conservation Dinner, but also the 40th Anniversary of the Foundation. Join hundreds of conservation supporters, business ' leaders and politicians and celebrate our accomplishments together! Let's Celebrate Simcoe —The lake, the land and the people that have made a difference in the past 25 years. With your continued support you will be investing in a cleaner and S canal Bank Rd Davis Dr greener community, today and tomorrow. There are many ways that you can show your support. Purchase tickets, become a corporate or evening sponsor or even donate auction items. Bring your spouse, partner or friend and enjoy a great Sideroad 19 night. ■ The success of our work would not be achievable without the generosity of our supporters. We are very grateful for your participation and support. 3 WAYS TO PURCHASE TICKETS OR SPONSORSHIP Qj _ 1. Online at LakeSimcoeFoundation.ca, 2. Mail back this form with your info and payment. 3. Telephone or email the Foundation office at 905 - 895 -1281 or King Rd foundation @Isrca.on.ca . Purchase before May 1, 2013 to be eligible for the Early Bird Draw! N I L Page 51 of 211 13a) Correspondence received April 29, 2013 from Lake Si... SPONSORSHIP OPPORTUNITIES ECO- CHAMPION $3,000 • One corporate table for 10 guests • Acknowledgement on the Lake Simcoe Con- servation Foundation website • Corporate Name / Logo featured: • On sponsor recognition page in evening program • In audio visual presentation • On event signage • On table signage • Recognition in LSCF Annual Report • Event media coverage ENVIRONMENTAL LEADER $5,000 • One corporate table for 10 guests • Acknowledgement on the Lake Simcoe Con- servation Foundation website • One — quarter page, full- colour ad in the evening program • Corporate Name / Logo featured: • On sponsor recognition page in evening program • In audio visual presentation • On event signage • On table signage • Recognition in LSCF Annual Report • Event media coverage NATURE LOVER $10,000 • One corporate table for 10 guests in a premier location • Acknowledgement on the Lake Simcoe Con- servation Foundation website • Acknowledgement during opening remarks • One - half page, full- colour ad in the evening program • Corporate Name / Logo featured: • On sponsor recognition page in evening program • In audio visual presentation • On event signage • On table signage • Recognition in LSCF Annual Report • Event media coverage WATERSHED HERO $15,000 • One corporate table for 10 guests in a premier location • Acknowledgement on the Lake Simcoe Conser- vation Foundation website • Acknowledgement during opening remarks • One full page, full- colour ad in the evening program • Corporate Name / Logo featured: • On sponsor recognition page in evening program • In audio visual presentation • On event signage • On table signage • Recognition in LSCF Annual Report • Event media coverage WATERSHED FOR LIFE EVENING SPONSORSHIP OPPORTUNITIES As an evening sponsor, you or your organization will be acknowledged on all publicity and at the event with your name /logo placed on /at the item you sponsor: • Martini Bar: $1,000 • Entertainment sponsor: $1,000 • Production sponsor: $ 500 • Decor sponsor: $1,000 • Centrepiece sponsor $1,000 • Balloon sponsor: $ 500 • Silent / Live Auction Items: priceless! • In -Kind Donations: priceless! Page 52 of 211 13a) Correspondence received April 29, 2013 from Lake Si... Page 53 of 211 13a) Correspondence received April 29, 2013 from Lake Si... SPONSORSHIP AND TICKET ORDER FORM Nam Address: City: Province: Postal Code: Telephone: ( ...... )----------------------- E -mail: I would like to order ( #) tickets at $175 each and enclose $ I would like to order ( #) tables at $1,750 each and enclose $ ❑ I cannot attend, but enclosed is a donation of ❑ I would like to donate an auction item ❑ I would like to sponsor at level and enclose $ — — ❑ VISA ❑ MC ❑ Cheque Card #: Expiry: Signatu Return Form with cheque or credit card payment to: Lake Simcoe Conservation Foundation Attn: Judy Milner - 120 Bayview Parkway, Box 282, Newmarket, ON L3Y 4X1 Guest Names (Seating 10 per table) Lake Simcoe Conservation �► Foundation Page 54 of 211 13b) Correspondence dated April 29, 2013 from Cal Madill... April 29, 2013 Dear Mayor and Members of Council: 5imcoe County tPM 2014 PO Box 2051 Thornton, Ontario LOL2NO Simcoe County is very excited to be hostingthe International Plowing Match, in 2014! The International Plowing Match 2014 (IPM 2014) Organizing Committee cordially invites you to attend the "Official Launch of IPM 2014 ". This event is being held on Saturday, .tune 1, 2013. We invite you to bring the whole family. We will begin at 10:45 am, by parking at the Essa and District Agricultural Society, (corner of 201h Sideroad and the 101h Line, Essa Township). Ina procession, we'll follow the bagpipes at 11 am, to the Official Site of the IPM 2014. A local school choir will be singing "0 Canada." Also on the Agenda, is a special Tribute to Keith Robinson, of Cookstown, who is preparing to plow in his 651h Plowing Match in 2014! At that time, he will unveil a large and attractive sign announcing the location of the IPM 2014, next September 1611 to 201h. Light refreshments will be served immediately following the ceremony. Please RSVP by May 24th to Connie Brown ( 705 - 726 -8017) or brownsfarmPhotmail.com Yours truly, Cal Madill, Chairman IPM 2014— Simcoe County Page 55 of 211 15a) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -068 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Duncor Enterprises Inc., for Slurry Seal (Tender TES2013 -01) 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. C130424 -20, the successful bidder of Tender TES2013 -01 to be Duncor Enterprises Inc.; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2013 -01, for the supply of slurry seal; 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. TES2013 -01 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 56 of 211 15a) A By -Law to Authorize the Execution of an Agreement... 5C\, *Au\C, A -�a �j -�G,W ��b a013 - oul TENDER FOR THE TOWNSHIP OF ORO- MEDONTE "4ftv- k M171. Township of Proud Heritage, Exciting Future CONTRACT NO. TES2013 -01 TENDER FOR SLURRY SEAL Page 57 of 211 15a) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 at 10:00 a.m. This tender is general in nature. 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. TES2013 -01" and addressed to Lisa McNiven, Manager, 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, 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 Page 58 of 211 15a) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -01 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 V. 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. TES2013 -01. 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. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered. 4. 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. 5. All work is to be performed under the supervision of the Manager of Transportation Services or her Representative. 6. 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. Page 59 of 211 15a) A By -Law to Authorize the Execution of an Agreement... TENDERING REQUIREMENTS Tender Deposit: A certiired 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 Rejection 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; t) 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. ii. 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 ongoing 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. Page 60 of 211 15a) A By -Law to Authorize the Execution of an Agreement... Occupational Health and Safety (contd.): A 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. Liabilitv 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. Page 61 of 211 15a) A By -Law to Authorize the Execution of an Agreement... TENDER FOR CONTRACT NO. TES2013 -01 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. IMe (the Contractor) promise to commence work on: As directed by Township (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by. Auqust 31, 2013 (To be completed by Municipality) BY. Duncor Enterprises Inc. 101 Big Bay Point Road Barrie, Ontario L4N 8M5 Name of Firm or Individual (Hereinafter referred to as the "Contractor') Address Brian Dun a n j::--:ame of Person Signing for Firm (Signature) Vice PPesident 705 - 730 -1999 Office of Person Signing for Firm Telephone No. Page 62 of 211 15a) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -01 TENDER FOR SL URRY SEAL We are pleased to submit the following prices for work in Oro - Medonte Township during the coming season: To supply, and apply, slurry seal to various roads within the Township of Oro - Medonte. Estimated Area: 79.700 square metres Price per Square Metre: 1.86 TOTAL $ 147126.00 H.S.T. $ 19126.38 GRAND TOTAL $ 166252.38 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 County of _ City Simcoe C wQIPv_&C_ Signature of Contractor or Witnesses and Position Held of Barrie this 27 day of March Company: Duncor Enterprises Inc. Address: 101 Big Bay Point Road Barrie, Ontario L4N 8M5 7 in the 2053. l,r L___ - Signature of the Corporation Seal of Corporation Telephone: 705- 730 -1999 Page 63 of 211 15a) A By -Law to Authorize the Execution of an Agreement... PREPARATION OF SURFACE (SWEEPING AND VACUUM CLEANING): Normal street cleaning will be carried out by the Contractor prior to surface treatment. However, due to problems created by parked vehicles and scheduling, it is contemplated that additional cleaning of all surfaces with a vacuum type sweeper may be required immediately prior to the sea ling operations. The additional cleaning required to ensure proper application of the slurry mixture will be the Contractor's responsibility, at no additional cost to the Township. APPLICATION OF SLURRY SEAL SURFACE: The slurry mixture shall be of the desired consistency when applied on the surface and no additional elements shall be added, but total time of mixing shall not exceed four minutes. A sufficient amount of slurry seal shall be carried in all parts of the spreader at all times so that complete coverage is obtained during application of the mixture, which shall not proceed at speeds exceeding 60 metres per minute. The rate of application shall be 6.5 to 7.8 kilograms per square metre. Special care should be exercised by the Contractor to ensure that leakage of emulsion does not occur at longitudinal joints through worn spreader box squeegees, or that an excessive amount of emulsion does not build up at transverse joint locations during remount periods of the slurry machine. Any such occurrences should be rectified by removing from the roadway surface, those excess amounts by squeegee or other suitable means. Slurry seal shall not be applied when either the ambient or pavement temperature is 30 degrees Celsius and falling, but may be applied when both the ambient and pavement temperature is 70 degrees Fahrenheit and rising. The Slurry seal shall be applied only when weather conditions are conducive to obtaining a satisfactory surface and shall not be applied during periods of abnormally high relative humidity. Page 64 of 211 15a) A By -Law to Authorize the Execution of an Agreement... SPECIFICATIONS FOR EMULSIFIED ASPHALT SLURRY SEAL SURFACE: DESCRIPTION. The work covered by this specification consists of furnishing all plant, labour, equipment and materials and performing all operations, including traffic control, necessary in connection with the application of a slurry seal surface, complete, in strict accordance with this specification. The slurry seal shall consist of a mixture of emulsified asphalt, mineral aggregate, Portland Cement mineral filler, and water, properly proportioned, mixed and spread on the surface as specified herein and as directed by the Manager of Transportation Services. MATERIALS AND APPROVAL: The Contractor shall advise the Manager of Transportation Services of the source of materials, the mix proportions and the aggregate grading's, which he proposes to use, and shall obtain the Manager of Transportation Services' approval of materials, as well as mix proportions, prior to commencing the work. Samples shall be taken periodically during the progress of the work to ensure conformance with the specifications approved. All materials incorporated in the work shall meet the following requirements: (a) Asphalt Emulsion: The asphalt emulsion shall be rapid setting type specially designed for slurry seal work, and as approved by the Manager of Transportation Services. (b) Aggregate: The aggregate will consist of clean, sound, durable limestone screenings, which shall be free of clay, loam and other deleterious materials. Portland Cement mineral filler shall be considered part of the blended aggregate. The final aggregate gradation, including mineral fillers, if required, shall fall within the following limits: Sieve Size % Passing 9.5 mm 900 4.75 mm 85-100 2.36 mm 65-90 1.18 mm 45 -70 600p m 30-50 300p 18 -30 150p 10 -21 75 pm 5 -15 (c) Water. All water used with the slurry seal mixture shall be potable and free from harmful soluble salt. 9 Page 65 of 211 15a) A By -Law to Authorize the Execution of an Agreement... COMPOSITION OF SLURRY SEAL: The amount of asphalt emulsion to be blended with the aggregate shall be adjusted to secure a residual asphalt content of 7.5 to 13.5% by weight of dry aggregate in the finished seal coat. Only the least amount of water necessary to obtain a fluid and homogeneous mixture without segregation shall be added. At all times, segregated mixes will be rejected. The Contractor shall, at his own expense, make trial batches to determine the ultimate blend of mineral aggregate and residual asphalt. The Manager of Transportation Services shall give final approval to the design used EQUIPMENT. All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working condition subject to the approval of the Manager of Transportation Services. (a) Mixer. The slurry seal mixing machine shall be a continuous flow mixing unit equipped for delivering accurately metered proportions of water, aggregate, fines and asphalt emulsion to a revolving spiralled multiblade mixer tank and to discharge the thoroughly mixed product on a continuous basis. A minimum of two (2) slurry seal units shall be used. APPLICATION OF SLURRY SEAL SURFACE. Approved hand squeegees shall be used to spread slurry in areas non - accessible to the slurry mixer. The Contractor will provide and maintain suitable protection on manhole covers, catch basins and open grates during spreading operations. A light film of coal oil is to be applied to all covers and castings prior to spreading and same are to be brushed clean of slurry following application. The successful bidder will, at all times, work in close liaison with the Township of Oro - Medonte Manager of Transportation Services, or her Representative, and all works shall be done solely at the discretion of the Manager of Transportation Services. WORKING TIME LIMITS: The Contractor will be allowed to carry out operations only during daylight hours between 7:00 a.m. and 5:00 p.m., Monday through the following Friday, except Statutory or Civic Holidays, unless otherwise approved or directed by the Manager of Transportation Services. The work is to be completed during the time period of May 30, 2013 to August 31, 2013. io Page 66 of 211 15a) A By -Law to Authorize the Execution of an Agreement... TRAFFIC CONTROL: The Contractor will be responsible for all traffic control and will supply aN traffic control devices as specified in, and will comply with Ministry of Transportation and Township By -laws. No compensation other than that provided under the Contract unit price will be made for protection of the work or for the control of traffic. Any damage to the new surface during the curing period done by traffic or the Contractor's equipment will be repaired at the Contractor's expense. MEASUREMENT AND PAYMENT. The slurry seal surface shall be measured and paid for by the square metre of work completed and accepted as designated by the Manager of Transportation Services. Payment shall include all costs arising in performing the work, including plant, labour, equipment, materials, and all other costs, except costs resulting from operations detailed under Traffic Control. QUANTITIES: The Contractor will supply sufficient equipment, labour and materials to complete a minimum of 12,000 square metres per working day. SUB - CONTRACTORS: The Contractor shall not use sub - Contractors, un less otherwise approved and is at the sole discretion of the Manager of Transportation Services. PREVIOUS EXPERIENCE: The Tenderer shall submit a resume of previous experience. List below other slurry seal contracts undertaken by Tenderer. YEAR JOB AUTHORITY VOLUME 2012 Slurry Seal Township of Oro- Medonte 34300 sq.m. 2012 Slurry Seal TOwnship of Ramara 24000 sq.m. 2012 Slurry Seal Town of Innisfil 164700 sq.m. 11 Page 67 of 211 15a) A By -Law to Authorize the Execution of an Agreement... QUICK BREAK SLURRY SEAL All roadways will require the use of quick breaking slurry, the emulsifier shall be "INDULIN MQK" or the equivalent. The Contractor will quote the material used and supplier of the Quick Set Emulsifier, for approval by the Manager of Transportation Services. 12 Page 68 of 211 15a) A By -Law to Authorize the Execution of an Agreement... SCHEDULE "A" LIST OF BIDDER'S EQUIPMENT Please list the equipment to be used for Contract No. TES2013 -01 and specify whether the equipment to be used is owned by your firm or rented. NO. OF UNITS YEAR MAKE MODEL 1 2010 Bergkamp M1 Continuous Machine 1 2009 Bergkamp M1 Continuous Machine 1 1995 Bergkamp M1 Continuous Machine 3 2009 Bergkamp Support Units 3 2007 Bergkamp Support Units 1 2005 Bergkamp M210 2 2004 Bergkamp M210 1 Note — AIL 1997 equipment Bergkamp _][MTO6 owned by Duncor Enter rises Inc. * *** 13 Page 69 of 211 15a) A By -Law to Authorize the Execution of an Agreement... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this 27 day of March 2093. BETWEEN: Duncor Enterprises Inc. of the City of Barrie in the District or County of S i m c o e 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" THE PARTY OF THE SECOND PART 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 herRepresentative, 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. 14 Page 70 of 211 15a) A By -Law to Authorize the Execution of an Agreement... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 31st day of August, 2013. 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 Signature of the Clerk Signature of the Mayor with Seal 15 Al 2 Signature of Corporation Seal of Corporation Page 71 of 211 15a) A By -Law to Authorize the Execution of an Agreement... Page 72 of 211 15a) A By -Law to Authorize the Execution of an Agreement... Page 73 of 211 f I-ENETANGUISHENE ROAD 31 s 6 ;a •>w �.. j i, Itv,'o— k. LMk rl r i .J T _TL _ „LINERS i f �.INE N IL - , I LlNiiis r,rTj mJ" LIE .� I �,INE •N Cn O '� 5 O To Uj!Ity L[Ntj 9 N CL LINE110 5, 0 {INS 11 N r C m CD 1 S 06 00 0 M • —T-A— r . �. UN S i- L E 1 A� + I� LINE 14-)Ei_ It I tiNE 7�3 Pf I I N . hf Page 73 of 211 15b) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -069 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and K.J. Beamish Construction Co. Ltd. for Hot Mix Paving (Tender TES2013 -02) 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. C130424 -20, the successful bidder of Tender TES2013 -02 to be K.J. Beamish Construction Co. Ltd.; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2013 -02 for the supply of hot mix paving; 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. TES2013 -02 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 74 of 211 15b) A By -Law to Authorize the Execution of an Agreement... "A:, ) a �j -low XG 3 vt 9 TENDER FOR THE TOWNSHIP OF ORO- MEDONTE 'Township of Proud Heritage, Exciting Future CONTRACT NO. TES2013 -02 TENDER FOR HOT MIX PA VING Page 75 of 211 15b) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Thursday March 28, 2013 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. TES2013 -02" and addressed to Lisa McNiven, Manager, 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, 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 The Contractor must grade and compact prior to paving on each section. To supply and place hot mix asphalt at various locations throughout the municipality. The Contractor must supply and place shoulder gravel on each road section after paving. 2 Page 76 of 211 15b) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -02 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. TES2013 -02. 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. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered. 4. 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. 5. All work is to be performed under the supervision of the Manager of Transportation Services or her Representative. PLEASE REVIEW THE ASPHALT CEMENT PRICE INDEX CLAUSE AT THE BACK OF THE TENDER. 6. 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. 3 Page 77 of 211 15b) A By -Law to Authorize the Execution of an Agreement... TENDERING REQUIREMENTS Tender Deposit: A certified cheque made payable to the Township of Oro- Medonte for 10% of the total bid must accompany this tender. The certified cheque of the successful bidder will be retained until the Municipality's acceptance of the work. The certified cheques of unsuccessful bidders will be returned within fourteen (14) days of tender opening. Tenders not accompanied by a certified cheque will not be considered. Basis for Rejection 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: 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. 0. 1990 C. 0.1) and regulations, made under that statute. ii. 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 ongoing 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. Ell Page 78 of 211 15b) A By -Law to Authorize the Execution of an Agreement... 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. Liabilitv 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. 5 Page 79 of 211 15b) A By -Law to Authorize the Execution of an Agreement... TENDER FOR CONTRACT NO, TES2013 -02 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. 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: (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by September 27th, 2013. BY. Name of Firm or Individual (Hereinafter referred to as the "Contractor') Address Name of Person Signing for Firm (Signature) Office of Person Signing for Firm Telephone No. Page 80 of 211 15b) A By -Law to Authorize the Execution of an Agreement... GENERAL CONDITIONS The general conditions of this Contract will be the general conditions as set out in OPS General Conditions and OPS Section 310, unless stated otherwise, and is pertinent to this Contract, Traffic control, as outlined in Book #7, shall be strictly adhered to by the Contractor at all times. Flagmen, who must be supplied by the Contractor, shall wear protective, fluorescent clothing, hard hats and green patch safety boots. All conditions as outlined in the Ministry of Transportation Forms 100, 314 and 310, must also be adhered to by the Contractor. The Contractor shall have the current above -noted Ministry of Transportation specification numbers in his possession, or a thorough knowledge of what is contained within them. 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. Asphalt; Asphalt must be approved M.T.O. mix design having the approval of the Manager of Transportation Services or her Representative. Aggregate must be from an approved commercial source. Equipment: The Contractor shall provide all equipment in excellent condition necessary to complete the required works. Bituminous pavers equipped with automatic screened controls of approved types must be supplied by the Contractor. Except where noted below, single pavers, or the lead paver when pavers are operated in echelon, shall be controlled by a 12 m ski or 12 m floating beam. Where such a ski is a flexible unit, it shall be equipped with a spring tensioned wire extending between brackets fitted on and slightly above each end of the ski. The sensing grid shall ride in the wire, not on the ski. 7 Page 81 of 211 15b) A By -Law to Authorize the Execution of an Agreement... Eauibment (contd. When two or more pavers are in echelon, pavers following the lead paver shall use joint - matching shoes designed for the purpose, which shall ride on the previously placed un- compacted mat. The automatic transverse slope shall be set for the cross fall desired by the Manager of Transportation Services and shall be capable of being operated from either side of the paver. A self - propelled pneumatic tired roller with a self- contained tire inflation system may be used for intermediate and final rolling. However, should the finished rolled surface not prove satisfactory to the Manager of Transportation Services or her Representative, then a steel wheel roller will be required by the Contractor. Page 82 of 211 15b) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -02 TENDER FOR HOT MIX PAVING Schedule of unit prices attached to and forming part of the tender for Contract No. TES2013 -02 NO. LOCATIONS DESCRIPTION UNIT ESTIMATED UNIT AMOUNT QUANTITIES PRICE 310 Map Attached Supply and Apply Tonnes 8245 $ Hot Mix HL4 i surface course) Fine Grading and 40,600 Co m action Shoulder Gravel Tonnes 1940 H.S.T. TOTAL TENDER hh $ Me 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 _ f L4_7 of <-J_ BF'AMISHWNSTRUCTION CO. LIMITED in the County of S; .,c vE this ar' day of Ae_,iL , 2013. K.J. BE,OC.l15Ii TR N CO. LIMITED PPER......... VICE.PRES. Signature of Contractor or Witnesses and Position Held -7o-S - 51.5 - ��4 7 Name and Telephone No. of Person To be Contacted for Ordering Supply N Signature of the Corporation Seal of Corporation Page 83 of 211 15b) A By -Law to Authorize the Execution of an Agreement... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this day of BETWEEN District or County of of the in the and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART 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 an 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 an 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. 10 Page 84 of 211 15b) A By -Law to Authorize the Execution of an Agreement... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 27th day of September, 2013. 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. C.J. BEAUISH TR ON CO. LIMITED 6�I= R.--- - -.... -. ........ y.� C ...VICE-PRES. Signature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 11 Signature of Corporation Seal of Corporation Page 85 of 211 15b) A By -Law to Authorize the Execution of an Agreement... PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX The Township of Oro - Medonte will adjust the payment to the Tenderer based on changes to the Ministry of Transportation performance graded asphalt cement price index. The price index will be published monthly in the Contract Bulletin. The price index will be used to calculate the amount of the payment adjustment per tonne of new asphalt cement accepted in the Work. The price index will be based on the price, excluding taxes, FOB the depots in the Simcoe County area, of asphalt cement grade PG 58 -28 or equivalent. One index will be used to establish and calculate the payment adjustment for all grades. A payment adjustment per tonne of new asphalt cement will be established for each month in which paving occurs, when the price index for the month differs by more than 5% from the price index for the month of April, 2013. When the price index differential is less than 5 %, there will be no payment adjustment established for that month. Payment adjustments, due to changes in the price index, are independent of any other payment adjustments made to the hot mix tender items. The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix accepted in the Work during the month for which it is established. However, a payment adjustment will not apply to paving work done after the approved time for completion of the Contract has expired, including the expiration of any extensions of time that has been granted. The payment adjustment for the month will be calculated from the following formulae: When Ip is greater than 1.05 ITO, the payment adjustment per tonne of asphalt cement is (Ip — 1.05 ITO) and the Contractor receives additional compensation of: PA = (Ip — 1.05 ITO) X quantity of new asphalt cement in tonnes. 2. When Ip is less than .95 ITO, the payment adjustment per tonne of asphalt cement is (.95 ITO — Ip) and the Owner receives a rebate of: PA = (.95 ITO — Ip) x quantity of new asphalt cement in tonnes. Page 86 of 211 v m 00 0 N l � V 1 D r v 0 D c 0 N CD 3 CD m x CD c 0 0 im CD CD CD 15c) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -070 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Da -Lee Dust Control for "Dark Journal" Virgin Oil (Tender TES2013 -03) 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. C130424 -20, the successful bidder of Tender TES2013 -03 to be Da -Lee Dust Control.; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2013 -03 for the supply of "Dark Journal" Virgin Oil; 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. TES2013 -03 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 88 of 211 15c) A By -Law to Authorize the Execution of an Agreement... TENDER FOR THE TOWNSHIP OF ORO- MEDONTE CONTRACT NO. TES2013 — 03 TENDER FOR "DARK JOURNAL" VIRGIN OIL Page 89 of 211 15c) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9 :00 A.M. ON THURSDAY MARCH 28, 2013 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 at 10 :00 a.m. This tender is general in nature. 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. TES2013 -03" and addressed to Lisa McNiven, Manager, 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, 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 2 Page 90 of 211 15c) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 — 03 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 V. The Contractor shall indemnify and save harmless the Corporation in respect to an charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2013 - 03. 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. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered. 4. 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. 5. All work is to be performed under the supervision of the Manager of Transportation Services or her Representative. 6. Accessibility for Ontarians with Disabilities: The bidder shall comply with the provisions of the Accessibility for Ontadans 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. Page 91 of 211 15c) A By -Law to Authorize the Execution of an Agreement... 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 Rejection of Tender: Tenders may be rejected for any 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. ii. 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 ongoing 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. 4 Page 92 of 211 15c) A By -Law to Authorize the Execution of an Agreement... Occupational Health and Safety (cont'd.i; 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. The Contractor shall be responsible for any environmental damages caused while applying the product or for two (2) days after applying the product. Penalty Clause If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director 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, $9,000.00 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. 5 Page 93 of 211 15c) A By -Law to Authorize the Execution of an Agreement... TENDER FOR CONTRACT NO. TES2013 — 03 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 rile 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. IMe (the Contractor) promise to commence work on: Mks jesiyeA (T6 T6 be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by: June 14, 2013 (To be completed by Municipality) S/3/;L5- oN -f/V /0 ?Q BY. 0%A DA- Iefr Name of Firm or Individual (Hereinafter referred 35co 4Dlw to as the "Contractor") S OW LC-K GY✓ 1-66 SN ,?- Address Name of Person Signing for Firm (Signature) CEo Office of Person Signing for Firm 10S - 6ql- ?tea X 12- Telephone No. 6 Page 94 of 211 15c) A By -Law to Authorize the Execution of an Agreement... 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. Engineer or Manager 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 Form 102, current at the time of this Contract. Copies of OPSS Form 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 loading 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. Page 95 of 211 15c) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -03 TENDER FOR "DARK JOURNAL" VIRGIN OIL Schedule of unit prices attached to and forming part of the tender for Contract No. TES2013 -03 ITEM SPEC. DESCRIPTION UNIT ESTIMATED UNIT TOTAL NO. NO. OF ITEM QUANTITIES PRICE 1. Dark Journal Litres 36,364 4 5 q 3 �G Virgin Oil H.S.T. No. H.S.T. $ TOTAL $ 0,91G,01 1/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. Cl-ry Signed at the CekEK , ofd of S7av� � Old in the County of Y MILTc\; - VC,NTwag -fN this day of HA4c14 .2013. `Signature of ontractor or AApi1N , &WAg7- Witnesses and Position Held ofto Z66 PS ( v � x 17 Name and Telephone No. of Person To be Contacted for Ordering Supply Signature of the Corporatic Seal of Corporation Page 96 of 211 15c) A By -Law to Authorize the Execution of an Agreement... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this 94 day of ! 1AL n 2013. BETWEEN 5/305- OA17ft%10 11,0 d1 , ,J -lee 46--7 (4Y 7i the CrrK of 9&ftt7a1y in the District or County of )M 1 t-TVV — (al/ gV7WV771 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" THE PARTY OF THE SECOND PART 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: Supplying, hauling and applying "Dark Journal" Virgin Oil to roads within the Township of Oro - Medonte, as directed by the Manager of Transportation Services or her Representative. Page 97 of 211 15c) A By -Law to Authorize the Execution of an Agreement... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 9 day of June, 2093. 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 Signature of the Clerk Signature of the Mayor with Seal zo Signature of Cor ation Seal of Corpo "n n Page 98 of 211 15d) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -071 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 TES2013 -04) 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. C130424 -20, the successful bidder of Tender TES2013 -04 to be Dalton R. Lowe and Sons Construction Ltd.; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2013 -04 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. TES2013 -04 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 99 of 211 15d) A By -Law to Authorize the Execution of an Agreement... TENDER FOR THE TOWNSHIP OF ORO- MEDONTE Township of Proud .Heritage, Exciting Future CONTRACT NO, TES2013 -04 TENDER FOR THE SUPPLYING, HAULING, MIXING, AND PILING OF WINTER SAND Page 100 of 211 15d) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 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. TES2013 -04" 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) 2 Page 101 of 211 15d) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -04 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 Ora - 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. TES2013 -04. 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. 3 Page 102 of 211 15d) A By -Law to Authorize the Execution of an Agreement... 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: i. 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. fl. 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. 4 Page 103 of 211 15d) A By -Law to Authorize the Execution of an Agreement... Occupational Health and Safety (cont'd.); A 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. Penaltv 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. 5 Page 104 of 211 15d) A By -Law to Authorize the Execution of an Agreement... TENDER FOR CONTRACT NO, TES2013 -04 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: (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by: October 18, 2013 (To be completed by Municipality) RY. Name of Firm or Individual (Hereinafter referred to as the "Contractor ") Address Name of Person Signing for Firm (Signature) Office of Person Signing for Firm Telephone No. 0 Page 105 of 211 15d) A By -Law to Authorize the Execution of an Agreement... TENDER FOR CONTRACT NO. TES2013 -04 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. l/We (the Contractor) promise to commence work on: +n9 he n r & c iw i bLi Ma.nay -et A trans J -1-WO -A c s (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by. October 18, 2013 (To be completed by Municipality) BY. COO- 35R.uCy11o.`1 So. Name of Firm or Individual (Hereinafter referred - J,c,3 Vh L- H-LAn-1 26 to as the "Contractor ") P. 0 30Y-1 0 sir M-J0YL c J LCra ('&G Address p ec % � , Name of Person Signing for Firm (Signature) BC)a wLJE P(,� s. 0& Office of Person Signing for Firm -10 5- Lk- a-6 .1b3 Telephone No. Ai1A(4W-CD�J516 Ct.e7i ArJC.E 6 1,J S 1.1,tA n! " C4M7,X 1 C IWC- 0 CJ OP- Page 106 of 211 15d) A By -Law to Authorize the Execution of an Agreement... 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. Engineer or Manager 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 Form 102, current at the time of this Contract. Copies of OPSS Form 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. 7 Page 107 of 211 15d) A By -Law to Authorize the Execution of an Agreement... 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. (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 Form 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. I/We (the Contractor) have reviewed the above and understand the procedures implied. j�Rti°Q-1 r . l SIC .S4 Ste, s5 eGrIS�7��t, -ia,� t�� W r5 l-I W G Name of Person Signing for Firm Signature FZ Page 108 of 211 15d) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES201 3-04 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 0' °��"�0�� (location and amount subject to change) HAUL, MIX AND PILE IN S(1'((-0 00 2. 531 TOWNSHIP SAND 9,000 Tonnes - STORAGE SHED H.S.T No. 13G�J(3� �2 c�oi H.S.T $ 101(c3 14 TOTAL TENDER AMOUNT $ 013561.-14 Signed at the 'j uL,JoJSrhP of CLAgn .Jac- �1J in the County of S k M cGG this day of fhAtCc_H , 2013. QA,;;i 0,J 2 • ^_10 %o.sS LW. - Signature of Contractor or Witnesses and Position Held ­1Lko3 rrl 6H t,JA`1 2b, 6ox -10, S ir( �4,Jr t "(so Name, Address and Telephone No. of Person1�35 To be Contacted Regarding Information and /or Performance of the Contract Tender accepted by Resolution of Council on , 2013. 9 Page 109 of 211 15d) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -04 TENDER FOR WINTER SAND FORM 2 - NORTH YARD SPEC. TENDER ITEM DESCRIPTION ESTIMATED UNIT TOTAL NO. QUANTITY PRICE HAUL, MIX AND PILE IN �—t �`"�' 1. 531 TOWNSHIP SAND 7,500 Tonnes I. J3�Jp_�a [ -D`� STORAGE SHED AT PIT YARD HAUL, MIX AND PILE AT -7,14 2. 531 THE TOWNSHIP PATROL 1,800 Tonnes H.S.T. No. 13�`�3� -2�► H.S.T. $ &3a .�� TOTAL TENDER AMOUNT $ 1 61034. a6 Signed at the ICh J S++, P of C �t"rrf Ui � � in the County Si M co !Z, this XsA day of M /I2 c H , 2013. tof/� Signature of Contractor or Witnesses and Position Held PO 13 co'j�. C 0 5 � 3 4ile« -1 l.JA -f 1b e' 6. �YiJ To be�Contacted Regarding Information and /or Performance of the Contract Tender accepted by Resolution of Council on , 2013. 10 Page 110 of 211 a B ja [ -D`� YARD Page 110 of 211 15d) A By -Law to Authorize the Execution of an Agreement... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this � 6'k day of ")Vg 2 < <A 2013. BETWEEN Cf11 ro,l R . pwo Sflr.1S of the IojliSrh P or" e�Ua _%ftWin/ in the District or County of S %M (_ c)E, 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" THE PARTY OF THE SECOND PART 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. TES2013 -04 is to supply, haul and mix sand to the Township of Oro- Medonte in quantities as per Form of Tender Contract No. TES2013 -04. 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. The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the gt-h day of October, 2013. 11 Page 111 of 211 15d) A By -Law to Authorize the Execution of an Agreement... 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. G)'�l TOJ LO1.-AL A-rJJ C�r�SS��- ttiGn�,J �O Signature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 12 Signature of Corporation Seat of Corporation Page 112 of 211 15e) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -072 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Ron Burton & Sons for Roadside Grass Cutting and Pumphouse Facilities, Summer Seasons of 2013/2014/2015 (Tender TES2013 -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. C130424 -20, the successful bidder of Tender TES2013 -05 to be Ron Burton & Sons; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2013 -05 for Roadside Grass Cutting and Pumphouse Facilities, Summer Seasons of 2013/2014/2015; 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. TES2013 -05 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 113 of 211 l5e) A By -Law to Authorize the Execution of an Agreement... TENDER FOR THE TOWNSHIP OF ORO— MEDONTE o5 r� + GC (L_( --P L�� of Wown-ship 077 Proud Heritage, Exciting Futul -e CONTRACT NO. TES2013 -05 TENDER FOR ROADSIDE GRASS CUTTING AND PUMPHOUSE FACILITIES, COMMUNITY TILE BEDS SUMMER SEASONS OF 20131201412015 Page 114 of 211 15e) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 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. TES2013 -05" and addressed to Lisa McNiven, Manager, Transportation Services, Township of Oro - Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the office of the Manager, 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 NOTE. Bidders have the option to tender on: Form 1 Roadside Grass Cutting Form 2 Municipal Community Tile Beds and Water Pumphouse Facilities NOTICE. The Contractor should consider the equipment necessary, if bidding on both Forms, to ensure timely completion of the work. This is a three-year Contract for the summer seasons of 20131201412015. Page 115 of 211 15e) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -05 NOTICE TO BIDDERS: 1. Workplace Safetv and Insurance; i, 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 shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2013- 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. Please note that this tender will be awarded on the tendered total amount. Payment will be made on the unit price tendered. 4. 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. 5. All work is to be performed under the supervision of the Manager of Transportation Services or her representative. 6. Accessibility for Ontarians with Disabilities: i. 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. Page 116 of 211 15e) A By -Law to Authorize the Execution of an Agreement... TENDERING REQUIREMENTS Tender Deposit: A certified cheque made payable to the Township of Oro - Medonte for 10910' 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; t) 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: i. Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.0. 1990 C. 0.1) and regulations, made under that statute. Y. 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 ongoing 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. Page 117 of 211 15e) A By -Law to Authorize the Execution of an Agreement... 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 Director 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. Page 118 of 211 15e) A By -Law to Authorize the Execution of an Agreement... TENDER FOR CONTRACT NO. TES2013 -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 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: (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by. JuIV 315t of each year (for roadside cuttincr) (To be completed by Municipality) "Z IA Name of Firm or Individual (Hereinafter referred to as the "Contractor ") Address Name of Person Signing for Firm (Signature) Office of Person Signing for Firm Telephone No. 6 Page 119 of 211 15e) A By -Law to Authorize the Execution of an Agreement... TENDER - wspai_042748.pdf hup:// www. oro- mcdonte.ca/ws _par /groups/public/ @pub / @oromed/d... TENDER FOR CONTRACT NO. TES2013 --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 fetter 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 rile 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: 16,,r /ob (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by: July 31St of each year (for roadside cuffing) (To be completed by Municipality) 1583429 Ontario Limited O/A S Y.• Ron Burton & Sons Name of Firm or Individual (Hereinafter referred 8 Georgian Drive to as the "Contractor ") Warminster, ON Address Name of Person Signing for Firm (Signature) Adam R. Burton Vice - President Office of Person Signing for Firm (705) 327 -4229 Cell 6of12 Telephone No. 3/15/2013 10:48 AM Page 120 of 211 15e) A By -Law to Authorize the Execution of an Agreement... TENDER - wspar_042748.pdf http: / /www. oro- mcdonte.ca/ws _par /groups/public/ @pub / @oromed /d... CONTRACTNO. TES2013 -05 TENDER FOR ROADSIDE GRASS CUTTING - FORM 1 H.S.T. No. 861911477RT0001 H.S.T. $_2301 TOTAL TENDER $ 17,700 + HST IIWe hereby agree that the work specifled and the material required In the contract will be performed in strict accordance with the specifications In this tender. Signed at the village of Warminster in the County of Simcoe Signature of Contractor or Witnesses and Position Held Adam R. Burton (705) 327 -4229 Cell Name and Telephone No. of Person To be Contacted 8of12 this day of March 2013. gnafure of the Corporation Seal of Corporation Adam R. Burton Vice — President (I have the authority to bind the corporation) L: 3/15/2013 10:48 AM Page 121 of 211 DESCRIPTION OF 2013 2094 2015 UNIT ITEM QUANTITIES UNIT UNIT UNIT TOTAL PRICE PRICE PRICE GRASS CUTTING $5800 $5900 $6000 $17,700 1. ROAD ALLOWANCE - 600 KM LUMPSUM +HST +HST +HST +HST PRIVATE LOT - LUMP $ 7 0 $ 7 0 $ 7 0 $ 7 0 2. SUM CUTTING - 0.5 HA EACH OR LESS +HST +HST +HST +HST PRIVATE LOT PER HA $ 70 $ 70 $ 70 $ 70 3. CUTTING 0.5 HA AND HA GREATER +HST +HST +HST +HST PRICE FOR SECOND $ 6 0 $ 6 0 $ 6 0 $ 6 0 4. CUT, INCLUDING HR OFFSET FLAIL MOWER, +HST +HST +HST +HST AS REQUIRED BY THE DIRECTOR H.S.T. No. 861911477RT0001 H.S.T. $_2301 TOTAL TENDER $ 17,700 + HST IIWe hereby agree that the work specifled and the material required In the contract will be performed in strict accordance with the specifications In this tender. Signed at the village of Warminster in the County of Simcoe Signature of Contractor or Witnesses and Position Held Adam R. Burton (705) 327 -4229 Cell Name and Telephone No. of Person To be Contacted 8of12 this day of March 2013. gnafure of the Corporation Seal of Corporation Adam R. Burton Vice — President (I have the authority to bind the corporation) L: 3/15/2013 10:48 AM Page 121 of 211 15e) A By -Law to Authorize the Execution of an Agreement... TENDER - wspar_042748.pdf http : / /www.oro- mcdonte.ca/ws _par/ groups /public / @pub / @oromed/d... SPECIAL PROVISIONS FOR CONTRACT NO. "r`ES2013 -05 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 Manager of Engineering and Environmental Services or his representative. The following is a list of the Municipal community the beds: Tile.Bed # 2013 ^Unit Price: 2tJ l4 Urilt,Pirice' 2015 Unit Price T.F. #1 T.F #2A $ $ 85 85 + + HST HST $85 $85 + + HST HST $ $ 85 85 + + HST HST T.F. #2B $ 85 + HST $85 + HST $ 85 + HST T.F. #3 $ 85 + HST $85 + HST $ 85 + HST T.F. #4 $ 85 + HST $85 + HST $ 85 + HST *see attached map* The Township reserves the right to stop work at any time if the job is not progressing satisfactorily. WATER PUMPHOUSE FACILITIES: 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 Manager of Transportation Services or her representative. The following Is a list of the water pumphouse facilities: 9 9 of 12 3/15/2013 10:48 AM Page 122 of 211 15e) A By -Law to Authorize the Execution of an Agreement... TENDER - wspar_042748.pdf http: / /www. oro- medonte. ca/w s _par /groups /public / @pub / @orom e d /d... MUNICIPAL COMMUNITY TILE BEDS AND WATER PUMP14OUSE FACILITIES GRASS CUTTING FORM 2 Name and Address 20,13, tlnit`Price 2014 Unit Price 2015 Unit Price of,P,um house Canterbury 1 Somerset Blvd. $ 45 +HST $ 45 +HST $ 45 +HST Oro Station Cedarbrook 1547 Ridge Road East $ 45 +HST $ 45 + HST $ 45 +HST Hawkestone Horseshoe Highlands $ 45 +HST $ 45 +HST $ 45 +HST 1A Country Club Lane Horseshoe Highlands $ 45 + HST $ 45 + HST $ 45 +H S T Water Tower Sugarbush Well #1 $ 45 +HST $ 45 +HST $ 45 +HST 10 Huronwoods Dr. Sugarbush Well #2 $ 45 +HST $ 45 + HST $ 45 +HST 3310 Line 6 North Sugarbush Booster Station $ 45 +HST $ 45 +HST $ 45 +HST 67 Huronwoods Drive Sugarbush Reservoir $ 45 + HST $ 45 +HST $ 45 +H S T 6 Oneida Avenue Warminster Booster Station $ 45 +HST $ 45 +HST $ 45 +HST 1 Geor tan Drive Warminster Well $45 +HST $ 45 +HST $ 45 +HST 2093 Warminster Sideroad Maplewood $ 45 +HST $ 45 +HST $ 45 +HST 40 Maplewood Parkway The Township reserves the right to stop work at any time if the fob Is not progressing satisfactorily. NOTE. All municipal community the beds and water pumphouse facilities will be cut using a regular or mid -sized lawn and garden tractor with a minimum of a four (4) foot cutting deck_ IM 10 of 12 3/15/2013 10:48 AM Page 123 of 211 15e) A By -Law to Authorize the Execution of an Agreement... TENDER - wspar_042748.pdf htLp:/ /www.oro- mcdonte.ca/ws _par/ groups /public / @pub / @oromed /d... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this 25th day of March 2013. BETWEEN. 1588429 Ontario Limited 0/A Ron Burton & Sons of the Village of Warminster in the District or County of Simcoe 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" THE PARTY OF THE SECOND PART 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 as described hereafter, furnish all the materials, except as herein otherwise specifled, 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 11 of 12 3/15/2013 10:48 AM Page 124 of 211 15e) A By -Law to Authorize the Execution of an Agreement... TENDER - wspar_042748.pdf 12 of 12 http: / /www.oro- medonte.ca /ws _par /groups /public/ @pub /@orom ed /d... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 391` 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 Marty 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 rgnature of Corporation Seal of Corporation Signature of the Clerk Signature of the Mayor with Seal Adam R. Burton Vice - President (I have the authority to bind the corporatoc I 3/15/2013 10:48 AM Page 125 of 211 15f) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -073 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Woodrow Family Farms for Roadside Grass Cutting, Community Tile Beds, Summer Seasons of 2013/2014/2015 (Tender TES2013 -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. C130424 -20, the successful bidder of Tender TES2013 -05 to be Woodrow Family Farms; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2013 -05 for Roadside Grass Cutting, Community Tile Beds, Summer Seasons of 2013/2014/2015; 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. TES2013 -05 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 126 of 211 15f) A By -Law to Authorize the Execution of an Agreement... aA �� f5v-�atw U13-Q13 TENDER FOR THE TOWNSHIP OF ORO- MEDONTE �I Town hp of Proud Heritage, Exeitino Future CONTRACT NO. TES2013 -05 TENDER FOR ROADSIDE GRASS CUTTING AND PUMPHOUSE FACILITIES, COMMUNITY TILE BEDS SUMMER SEASONS OF 20131201412015 Page 127 of 211 15f) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 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. TES2013 -05" and addressed to Lisa McNiven, Manager, Transportation Services, Township of Oro - Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the office of the Manager, 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 NOTE: Bidders have the option to tender on: Form 1 Roadside Grass Cutting Form 2 Municipal Community Tile Beds and Water Pumphouse Facilities NOTICE: The Contractor should consider the equipment necessary, if bidding on both Forms, to ensure timely completion of the work. This is a three -year Contract for the summer seasons of 20131201412015. 2 Page 128 of 211 15f) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -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 shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2013- 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. Please note that this tender will be awarded on the tendered total amount. Payment will be made on the unit price tendered. 4. 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. 5. All work is to be performed under the supervision of the Manager of Transportation Services or her representative. 6. Accessibility for Ontarians with Disabilities: i. 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. 3 Page 129 of 211 15f) A By -Law to Authorize the Execution of an Agreement... 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 Rejection 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: L 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. ii, 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 ongoing 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. Page 130 of 211 15f) A By -Law to Authorize the Execution of an Agreement... 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. Penaltv Clause: If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director 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. Page 131 of 211 15f) A By -Law to Authorize the Execution of an Agreement... TENDER FOR CONTRACT NO. TES2013 -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 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: (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by. July 31St of each year (for roadside cutting) (To be completed by Municipality) BY: Name of Firm or Individual (Hereinafter referred to as the "Contractor ") Address Name of Person Signing for Firm (Signature) Office of Person Signing for Firm Telephone No. Page 132 of 211 15f) A By -Law to Authorize the Execution of an Agreement... SPECIAL PROVISIONS FOR CONTRACT NO. TES2013 -05 ROADSIDE GRASS CUTTING FORM 1 Design: 1. First cut shall begin the last week in June, or as requested by the Manager of Transportation Services or her representative. 2. Cuffing of existing roadside shall consist of a minimum of 1.8 metres (6 feet) width, starting at the shoulder and following the ditch slope to the ditch line. 3. Equipment supplies shall conform to all safety requirements for off -road vehicles under the Highway Traffic Act. 4. A second cut shall begin the first week of August, or as requested by the Manager of Transportation Services or her representative. 5. The second cut shall consist of a minimum of 1.8 metres (6 feet) width, starting at the shoulder and following the ditch slope to the ditch line. Immediately following this cut will be an offset flail type mower with a minimum cut of 1.8 metres (6 feet) to follow the front slope of ditch to the ditch line. This flail type mower must be capable of cutting fine brush and coarse weeds. 6. The Township reserves the right to stop work at anytime if the job is not progressing satisfactorily. Page 133 of 211 15f) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -05 TENDER FOR ROADSIDE GRASS CUTTING - FORM 1 H.S.T. No. H.S.T. $ TOTAL TENDER $ 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 County of Signature of Contractor or Witnesses and Position Held Name and Telephone No. of Person To be Contacted of this day of Signature of the Corporation Seal of Corporation in the 2013. Page 134 of 211 DESCRIPTION OF 2013 2014 2015 UNIT ITEM QUANTITIES UNIT UNIT UNIT TOTAL PRICE PRICE PRICE GRASS CUTTING 1. ROAD ALLOWANCE - 600 KM LUMP SUM PRIVATE LOT - LUMP 2. SUM CUTTING - 0.5 HA EACH OR LESS PRIVATE LOT PER HA 3. CUTTING 0.5 HA AND HA GREATER PRICE FOR SECOND 4. CUT, INCLUDING HR OFFSET FLAIL MOWER, AS REQUIRED BY THE DIRECTOR H.S.T. No. H.S.T. $ TOTAL TENDER $ 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 County of Signature of Contractor or Witnesses and Position Held Name and Telephone No. of Person To be Contacted of this day of Signature of the Corporation Seal of Corporation in the 2013. Page 134 of 211 15f) A By -Law to Authorize the Execution of an Agreement... SPECIAL PROVISIONS FOR CONTRACT NO. TES2013 -05 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 Manager of Engineering and Environmental Services or his representative. The following is a list of the Municipal community the beds; Tile Bed # 2013 Unit Price 2074 Unit Price 2075 Unit Price T.F. #1 *see attached map* The Township reserves the right to stop work at any time if the job is not progressing satisfactorily. WATER PUMPHOUSE FACILITIES: 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 Manager of Transportation Services or her representative. The following is a list of the water pumphouse facilities: 9 T. F. #2A '�� . aU �o T.F. #2B T. F. Page 135 of 211 #3 T.F. #4 Page 135 of 211 15f) A By -Law to Authorize the Execution of an Agreement... MUNICIPAL COMMUNITY TILE BEDS AND WATER PUMPHOUSE FACILITIES GRASS CUTTING FORM 2 Name and Address 2013 Unit Price 2014 Unit Price 2015 Unit Price of Pum house Canterbury a. 6 o p d � �� G� 0 1 Somerset Blvd. Oro Station -� Cedarbrook 1547 Ridge Road East Hawkestone �V 6r. 00 �� �� 0 Horseshoe Highlands _ 1A Countty Club Lane Horseshoe Highlands % ,' Water Tower 7 'PC" Sugarbush Well #1 060-011. 60 d 10 Huronwoods Dr, I-a" Sugarbush Well #2 �' d ® (;0 - C9 0 3310 Line 6 North /-,2' 74-9 Sugarbush Booster Station 9 �O' O c) �/�' CO d d - 67 Huronwoods Drive V Sugarbush Reservoir 6 Oneida Avenue Warminster Booster Station a 0 �G ff 600 - 010 1 Georgian Drive Warminster Well 00 �p U� 4 d 2093 Warminster Sideroad Maplewood 40 Maplewood Parkway 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 four (4) foot cutting deck. io Page 136 of 211 15f) A By -Law to Authorize the Execution of an Agreement... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this day of 2013. BETWEEN. of the in the District or County of 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" THE PARTY OF THE SECOND PART 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 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 Page 137 of 211 15f) A By -Law to Authorize the Execution of an Agreement... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 31st 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 Signature of the Clerk Signature of the Mayor with Seal 12 tignature of Corporation Seal of Corporation Page 138 of 211 15f) A By -Law to Authorize the Execution of an Agreement... J Vrse5hbr v4RCY -tmta t ,W It 16 A or�nyhe, S� tc S stets } �trntzf /V Q�r � � is <•rµ j... Le � Cany v 2M E`" .riG'w �P as r SiR:r 1r 7s _ 0 11ha '1 _ ap i C7: P a 31 3r is 3C �r\ 09 4p 9 1 1 ( 'rFarra nlamvP 1° r3 n M 0.Qyp ;. mru 4 y3 9P 241 11 �. 7 43 qS 1 I2 13 rq Or i as 4.' 62 fLS`�,ryJui �6 bs6'!. � 75 CO-r RONO 22 1 Lw^/7�rtv Clug LRNf 54r 4_SSZ1_C.iQ1�- cJMiv�[3h�,1T�. 1G—, �E-1J5 Page 139 of 211 15g) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -074 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Ron Burton & Sons for Snow Removal, Bass Lake Area, 3 Year Contract (Tender TES2013 -06) 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. C130424 -20, the successful bidder of Tender TES2013 -06 to be Ron Burton & Sons; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2013 -06 for Snow Removal, Bass Lake Area, 3 Year Contract; 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. TES2013 -06 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 140 of 211 15g) A By -Law to Authorize the Execution of an Agreement... k-b %I ._1a ,a Oc � 3 - VIN TENDER FOR THE TOWNSHIP OF ORO- MEDONTE Tuownship o' Proud Heritage, Exciting Future CONTRACT NO. TES2013 -06 TENDER FOR SNOW REMOVAL BASS LAKE AREA 3 YEAR CONTRACT Page 141 of 211 15g) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 at 10.00 a.m This tender is general in nature. 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. TES2013 -06" and addressed to Lisa McNiven, Manager, 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, Transportation Services, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. NOTE. Sanding is Optional, and will be completed when called by Transportation Services For further information, please contact. Lisa McNiven Manager of Transportation Services Township of Oro - Medonte Telephone: (705) 487 -2171 2 Page 142 of 211 15g) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -06 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 shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2013 -06. 3. The Contract route is indicated on the attached maps. These routes will be monitored by Municipal staff for a timely snow removal. 4. The Contractor is to bid on the supply of equipment and operator. Equipment must conform approximately to the specifications prepared for the rental of each unit. Preferred equipment — Tractor and snow blower. 5. The Township reserves the right to terminate this Contract at the end of each session, or as decided by the Township. 6. The Contractor shall maintain a log of all work carried out for the Contract, specifying date, time, road location and conditions, and shall make this available to the Township upon request The log shall be submitted to the Township at the completion of the Contract. 7. Operating delays in excess of 15 minutes each, caused by the failure of the Contractor's equipment or lack of judgement of his operator, will be deducted as non-payment from rentals owed by the Township. 8. No payment will be made for either standby or operating time if the unit is employed, with the Township's permission, to plow for other Municipalities or individuals. Collection of such work shall be made by the Contractor from the employer and Township rates will not apply, 9. Payment by the Township will be as soon as possible after submission of monthly rentals from the Contractor. 10. Payment shall be made from the time the equipment leaves its base of operations until it returns. The Contractor will verify hours on a daily basis with the Manager of Transportation or her Representative. 3 Page 143 of 211 15g) A By -Law to Authorize the Execution of an Agreement... 11. One unit will be required by the Township to be stationed in the Township of Oro - Medonte area. 12. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered 13. This "Notice to Bidders" must be signed by the Contractor and submitted with his tender as an indication that the terms contained therein are acceptable to him. 14. If the tendered amount is in excess of the budgeted amount and varies by more than 20910, the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. 15. All work is to be performed under the supervision of the Manager of Transportation Services or her Representative. 16. 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. Signature of Contractor M Page 144 of 211 15g) A By -Law to Authorize the Execution of an Agreement... _TENDER - wspar_042740.pdf 4of11 http : / /www.oro- medonte.ca /ws _par/ groups /public / @pub / @orom ed /d... If. One unit will be required by the Township to be stationed in the Township of Oro - Medonte area. 12. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered. 13. This "Notice to Bidders" must be signed by the Contractor and submitted with his tender as an indication that the terms contained therein are acceptable to him. 14. 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. 15. All work is to be performed under the supervision of the Manager of Transportation Services or her Representative. 16. 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 Ontarlans 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. Signature of Contractor 4 3/15/2013 10:50 AM Page 145 of 211 15g) A By -Law to Authorize the Execution of an Agreement... TENDERING REQUIREMENTS Tender Deposit: On all plowing equipment tendered upon, a certified cheque made payable to the Township of Oro - Medonte in the amount of ONE THOUSAND DOLLARS ($1,000.00) shall be submitted with each tender. Certified cheques of the successful bidder shall be retained until the equipment has been placed in operating condition, at the Township's disposal, at the pre - described time. Failure on the part of the Contractor to do so will make his cheque subject to forfeit by the Township. The certified cheques of unsuccessful bidders will be returned within fourteen (14) days of tender opening. Tenders not accompanied by a certified cheque will not be considered. Basis for Rejection 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: I. 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. ii. 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. 5 Page 146 of 211 15g) A By -Law to Authorize the Execution of an Agreement... 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 Director 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. Page 147 of 211 15g) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -06 SPECIFICATIONS FOR TRUCK / PLOW OR TRACTOR / BLOWER: 1. The truck shall be a minimum of a 4 tonne. 2. The truck shall be fully equipped as follows: (a) In compliance with the requirements of the Highway Traffic Act for the Province of Ontario, designating safety equipment, lights and applicable appurtenances for snow clearing/removal equipment, (b) Be in good mechanical and physical condition with an acceptable aesthetic appearance; (c) One -way snow plow controlled hydraulically from the cab; 3. Truck and equipment shall be inspected by the municipality prior to the start of each season and shall prove satisfactory to the Manager of Transportation Services or her designate. 4. Tractor / Blower shall be equipped as follows: (a) Tractor shall have a minimum of 80 PTO H.P., complete with cab and lighting; (b) Blower shall be a minimum of 8' with a power hydraulic chute. 5. If a 4 tonne plow truck is to be used, the Contractor must have a blower available to cut back the snow banks, as these roads are all narrow in width. 6. Truck and equipment shall be inspected by the municipality prior to the start of each season and shall prove satisfactory to the Manager of Transportation Services or her designate. F2 Page 148 of 211 15g) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -06 SPECIFICATIONS FOR TRUCK AND PLOW TENDER FOR SNOW PLOWING AND SANDING I I/We propose and agree to supply the specified equipment fully equipped with a one -way plow, and a small sand unit with spinner, conforming to the specifications and Notice to Bidders prepared for the purpose of this quotation, at the following unit prices: (Sand equipment optional) 201412015 201512016 201612017 Operating Time (Per Hour) (SNOW PLOWING) (Includes H.S.T.) Operating Time (Per Hour) (SANDING) (Includes H.S.T.) H.S.T. No. PLOWS ONE -WAY- MANDATORY MAKE: CONTROLS: MODEL: WIDTH: NOSE HEIGHT: 8 Page 149 of 211 15g) A By -Law to Authorize the Execution of an Agreement... _TENDER - wspar_042740.pdf http: / /www.oro- medonte.ca/ws _par /groups /public/ @pub / @oromed/d... CONTRACT NO. TES2013 -06 SPECIFICATIONS FOR TRUCK AND PLOW TENDER FOR SNOW PLOWING AND SANDING I //We propose and agree to supply the specified equipment fully equipped with a one -way plow, and a small sand unit with spinner, conforming to the specifications and Notice to Bidders prepared for the purpose of this quotation, at the following unit prices: (Sand equipment optional) 2014/2015 Operating Time (Per Hour) $ 73.45 (SNOW PLOWING) (includes H.S.T.) Operating Time (Per Hour) $ 88.14 (SANDING) (includes H.S.T.) H.S.T. No. 861911477RT0001 PLOWS ONE-WAY- MANDATORY 2015/2016 & �0 r.c & 00 1 1. 201612017 2 7 R /. S $ 88.14 MAKE. METER CONTROLS: IN CAB /HYDRAULIC MODEL: LOT PRO WIDTH: 91 NOSE HEIGHT. 28,1 F 80f 11 3/15/2013 10:50 AM Page 150 of 211 15g) A By -Law to Authorize the Execution of an Agreement... _TENDER - wspar_042740.pdf http : / /www.oro- mcdonte.ca/ws _par/ groups /public/ @pub / @oromed/d... CONTRACT NO. TES2093 -06 SPECIFICATIONS FOR TRUCK AND PLOW TENDER FOR SNOW PLOWING AND SANDING SAND UNIT WITH SPINNER MAKE: MEYER DEPTH: MODEL: SLTP IN SANDRP CONTROLS: TN CAB 1HYDRATILIC-FTYCTIR LENGTH: 1588429 ONTARIO LIMITED 0/A Corporation: RON BURTON & SONS Address: 8 GEORGIAN DRIVE WARMINSTER, ON LOK 2G0 Represented By: ADAM R. BURTON - VICE PRESIDENT Phone Number; (705) 325 -3655 Date: MARCH 25th, 2013 9 9 of l l 3/15/2013 10:50 AM Page 151 of 211 15g) A By -Law to Authorize the Execution of an Agreement... _TENDER - wspar_042740.pdf http: / /www.oro- medonte.ca/ws _par /groups /public / @pub / @oromed /d... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this 2 5 t h day of MARCH 2013. BETWEEN. 1588429 ONTARIO LIMITED 0/A RON BURTON & SONS of the VILLAGE OF WARMINSTER In the District or County of SIMCOE 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" THE PARTY OF THE SECOND PART 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, fools, equipment, supplies, tabour and other means of construction, and to the satisfaction of the Manager of Transportation 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, 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. Mej 10 of 11 3/15/2013 10:50 AM Page 152 of 211 15g) A By -Law to Authorize the Execution of an Agreement... —TENDER -wspar 042740.pdf bttp: / /www.oro- medonte.ca/ws _par /groups /public/ @pub / @oromed /d... 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 Signature of the Clerk Signature of the Mayor with Seal 11 of 11 Signature of Corporation Seal of Corporation ADAM R. BURTON VICE - PRESIDENT (I HAVE THE AUTHORITY TO BIND THE CORPORATION) II 3/15/2013 10:50 AM Page 153 of 211 15h) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -075 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Woodrow Family Farms for Snow Removal, Sugarbush Areas, 3 Year Contract with Option to Extend for an Additional Three Years (Tender TES2013 -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. C130424 -20, the successful bidder of Tender TES2013 -07 to be Woodrow Family Farms; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2013 -07 for Snow Removal, Sugarbush Areas, 3 Year Contract with Option to Extend for an Additional Three Years; 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. TES2013 -07 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 154 of 211 15h) A By -Law to Authorize the Execution of an Agreement... �6 �y -1C, �Q Oi3 -Oi5 TENDER FOR THE TOWNSHIP OF ORO- MEDONTE j� Township of Proud Heritage, Exciting Future CONTRACT NO. TES2013 -07 TENDER FOR SNOW REMO VAL SUGARBUSH AREA 3 YEAR CONTRACT WITH OPTION TO EXTEND FOR AN ADDITIONAL 3 YEARS(revised March 25, 2013) Page 155 of 211 15h) A By -Law to Authorize the Execution of an Agreement... TENDER FOR THE TOWNSHIP OF ORO- MEDONTE 'Township of Proud Heritage, Exciting Stature CONTRACT NO. TES2013 -07 TENDER FOR SNOW REMOVAL SUGARBUSH AREA 3 YEAR CONTRACT Page 156 of 211 15h) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 at 10.00 a.m This tender is general in nature. 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. The Contract route is indicated on the attached map. This route will be ploughed in sequence, according to written instruction provided by the Foreman. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2013 -07" and addressed to Lisa McNiven, Manager, 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, 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 2 Page 157 of 211 15h) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -07 NOTICE TO BIDDERS: 1. Workplace Safety and Insurance: L 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 shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2013 -07. 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. Mixed sand/salt will be supplied by the Township, including equipment for loading purposes. 4. The Contract route is indicated on the attached maps. These routes will be monitored by Municipal staff for a timely snow removal. 5. The Contractor is to bid on the supply of equipment and operator. Equipment must conform approximately to the specifications prepared for the rental of each unit 6. The Township reserves the right to terminate this Contract at the end of each session, or as decided by the Township. Z The Contractor shall maintain a log of all work carried out for the Contract, specifying date, time, road location and conditions, and shall make this available to the Township upon request. The log shall be submitted to the Township at the completion of the Contract. 8. Operating delays in excess of 15 minutes each, caused by the failure of the Contractor's equipment or lack of judgement of his operator, will be deducted as non - payment from rentals owed by the Township. 9. Standby time on all plow equipment will commence on November le and continue until March 315; or longer, should conditions warrant retention in the opinion of the Township of Oro- Medonte. NOTE: Standby time payable by the Township for each day from November leh to March 315' Operating time will be paid for actual time work that has been approved by the area Foreman. 3 Page 158 of 211 15h) A By -Law to Authorize the Execution of an Agreement... NOTICE TO BIDDERS (contd.). 10. No payment will be made for either standby or operating time if the unit is employed, with the Township's permission, to plow for other Municipalities or individuals. Collection of such work shall be made by the Contractor from the employer and Township rates will not apply. 11. No payment will be made for standing time when any unit is broken down and unable to operate. 12. Payment by the Township will be as soon as possible after submission of monthly rentals from the Contractor. 13. Payment shall be made from the time the equipment leaves its base of operations until it returns. The Contractor will verify hours on a daily basis with the Manager of Transportation Services or her Representative. 14. One unit will be required by the Township to be stationed in the Township of Oro - Medonte area. 15. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered. 16. This "Notice to Bidders" must be signed by the Contractor and submitted with his tender as an indication that the terms contained therein are acceptable to him. 17. 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. 18. All work is to be performed under the supervision of the Manager of Transportation Services or her Representative. 19. Accessibility for Ontarians with Disabilities: L 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. Ij C C» ignature of Contractor 4 Page 159 of 211 15h) A By -Law to Authorize the Execution of an Agreement... TENDERING REQUIREMENTS Tender Deposit: On all plowing equipment tendered upon, a certified cheque made payable to the Township of Oro - Medonte in the amount of ONE THOUSAND DOLLARS ($1,000.00) shall be submitted with each tender. Certified cheques of the successful bidder shall be retained until the equipment has been placed in operating condition, at the Township's disposal, at the pre - described time. Failure on the part of the Contractor to do so will make his cheque subject to forfeit by the Township. The certified cheques of unsuccessful bidders will be returned within fourteen (14) days of tender opening. Tenders not accompanied by a certified cheque 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: L Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.0. 1990 C. 0.1) and regulations, made under that statute. ii. 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. 5 Page 160 of 211 15h) A By -Law to Authorize the Execution of an Agreement... Occupational Health and Safety (cont'd.): A 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. Penaltv 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. n Page 161 of 211 15h) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -07 SPECIFICATIONS FOR TRUCK AND PLOW. 1. The truck shall be a minimum of 25,400 kg GVWR tandem axle and be no more than 10 years of age during the contract period. 2. The truck shall be fully equipped as follows. (a) In compliance with the requirements of the Highway Traffic Act for the Province of Ontario, designating safety equipment, lights and applicable appurtenances for snow clearing/removal equipment; (b) Be in good mechanical and physical condition with an acceptable aesthetic appearance; (c) Display a valid truck certification inspection sticker for the applicable year of season commencement; (d) One -way snowplow and wing, all controlled hydraulically from the cab; (e) Sand hopper or two -way sandbox and spinner mounted on left side of the unit. 3. Wing - person required where conditions dictate. If no wing - person is utilized, alternate additional specifications for equipment and cab must be met. Please specify on tender form and obtain specifications before submitting tender. 4. Contracted equipment will be outfitted with Township -owned two -way radios. Installation and removal of radios will be the responsibility of the Township. The Contractor shall make the unit available to the Township at a time convenient to the Township for this purpose. 5. Truck and equipment shall be inspected by the municipality prior to the start of each season and shall prove satisfactory to the Manager of Transportation Services or her designate. 7 Page 162 of 211 15h) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -07 SPECIFICATIONS FOR TRUCK AND PLOW TENDER FOR SNOW PLOWING AND SANDING Me propose and agree to supply the specified equipment fully equipped with one -way plow, wing and sand hopper, or two -way sandbox and spinner, conforming to the specifications and Notice to Bidders prepared for the purpose of this tender, at the following unit prices: 201412015 201512016 201612017 Operating Time (Per Hour) (SNOW PLOWING) (Includes H.S.T.) Operating Time (Per Hour) (SANDING) (Includes H.S.T.) Standby Time H.S.T. No. PLOWS MAKE. CONTROLS: MODEL: WIDTH. NOSE HEIGHT. 8 Page 163 of 211 15h) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -07 SPECIFICATIONS FOR TRUCK AND PLOW TENDER FOR SNOW PLOWING AND SANDING IWVe propose and agree to supply the specified equipment fully equipped with one -way plow, wing and sand hopper, or two -way sandbox and spinner, conforming to the specifications and Notice to Bidders prepared for the purpose of this tender, at the following unit prices: HST NO.O 7LI� PLOWS MAKE: 1 Season Optional Seasons 2013 -2014 2014 -2015 2015 -2016 2016 -2017 2017 -2018 2018 -2019 Operating Time (per hour hou) 73a J �7�. �'��. ® Sl t/ � 3 � Snowplowing Includes HST Operating Time (per hour) - Sanding $�.`l` 73 o 0 Includes HST Standby Time HST NO.O 7LI� PLOWS MAKE: 1 CONTROLS: )41R 01J00�_ MODEL: WIDTH: y i NOSE HEIGHT: 0 8 (revised March 25, 2013) Page 164 of 211 15h) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -07 SPECIFICATIONS FOR TRUCKAND PLOW TENDER FOR SNOWPLOWING AND SANDING WING MAKE: tS -F-0 DEPTH: MODEL: CONTROLS: Qlv aue_v- r. I r LENGTH: N f � Corporation: 1 C? d 1-o u-) P_n m f I rV1 vtt Address: No (Z-T ff" I R �eb^ GO nIQ i^r Represented By: Cl V^ 0 LL) Phone Number: 700:!-X-- 9,a -e-I Jx Date: M C,�. (if L_ L D Page 165 of 211 15h) A By -Law to Authorize the Execution of an Agreement... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this —— day of 2013. BETWEEN., 2,Ao fitt u) 5 rn t / R �� vt �. of the �o G0 n C h k d1 0 rn - me cl Q h r in the District or County of c) t rvA G a e– 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" THE PARTY OF THE SECOND PART 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, 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. 10 Page 166 of 211 15h) A By -Law to Authorize the Execution of an Agreement... 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 Signature of the Clerk Signature of the Mayor with Seal II Signature of Corporation Seal of Corporation Page 167 of 211 15h) A By -Law to Authorize the Execution of an Agreement... HORSESHOE VALLEY ROAD W ASH CouR Z O Z O O 7 O 4gd�bG D4E COURS Sh � N1AP HUROOyVOODS D RIVE HICKO LANE —� ONpWK RE�GHSS o n = O r m r O O z M y C" °y Z '+ m E Z m SUMAC CRESCENT -4 ONEIDAAVENUE n !� Z 3° �IZ CPyUGACOURT 5UGARBUSFRfOAD G HURONWOODS DRIVE a�GP 5� s 2 Page 168 of 211 15i) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -076 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Woodrow Family Farms for Snow Removal, Horseshoe Valley Area, 3 Year Contract with Option to Extend for an Additional Three Years (Tender TES2013 -08) 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. C130424 -20, the successful bidder of Tender TES2013 -08 to be Woodrow Family Farms; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2013 -08 for Snow Removal, Horseshoe Valley Area, 3 Year Contract with Option to Extend for an Additional Three Years; 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. TES2013 -08 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 169 of 211 15i) A By -Law to Authorize the Execution of an Agreement... "V' TENDER FOR THE TOWNSHIP OF ORO- MEDONTE Township of Proud Heritage, Exciting Future CONTRACT NO, TES2013 -08 TENDER FOR SNOW REMOVAL HORSESHOE VALLEY AREA 3 YEAR CONTRACT WITH OPTION TO EXTEND FOR AN ADDITIONAL 3 YEARS (Revised March 25, 2013) Page 170 of 211 15i) A By -Law to Authorize the Execution of an Agreement... TENDER FOR THE TOWNSHIP OF ORO- MEDONTE wo/ 4 �eft zkmw, Township of Proud Heritage, Exciting Future CONTRACT NO. TES2013 -08 TENDER FOR SNOW REMOVAL HORSESHOE VALLEY AREA 3 YEAR CONTRACT Page 171 of 211 15i) A By -Law to Authorize the Execution of an Agreement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 at 10.00 a.m This tender is general in nature. 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. The Contract route is indicated on the attached map. This route will be ploughed in sequence, according to written instruction provided by the Foreman. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2013 -08" and addressed to Lisa McNiven, Manager, 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, 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 2 Page 172 of 211 15i) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -08 NOTICE TO BIDDERS: 1. Workplace Safetv and Insurance: i. 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 shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2013 -08. 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. Mixed sand/salt will be supplied by the Township, including equipment for loading purposes. 4. The Contract route is indicated on the attached maps. These routes will be monitored by Municipal staff for a timely snow removal. 5. The Contractor is to bid on the supply of equipment and operator. Equipment must conform approximately to the specifications prepared for the rental of each unit. 6. The Township reserves the right to terminate this Contract at the end of each session, or as decided by the Township. 7. The Contractor shall maintain a log of all work carried out for the Contract, specifying date, time, road location and conditions, and shall make this available to the Township upon request. The log shall be submitted to the Township at the completion of the Contract. 8. Operating delays in excess of 15 minutes each, caused by the failure of the Contractor's equipment or lack of judgement of his operator, will be deducted as non - payment from rentals owed by the Township. 9. Standby time on all plow equipment will commence on November 15"' and continue until March 31St, or longer, should conditions warrant retention in the opinion of the Township of Oro - Medonte. NOTE: Standby time payable by the Township for each day from November 15th to March 31St. Operating time will be paid for actual time work that has been approved by the area Foreman. 3 (Revised March 25, 2013) Page 173 of 211 15i) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -08 NOTICE TO BIDDERS; 1, Workplace Safety and Insurance: L 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 shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2013 -07. 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. Mixed san&salt will be supplied by the Township, including equipment for loading purposes. 4. The Contract route is indicated on the attached maps. These routes will be monitored by Municipal staff for a timely snow removal. a The Contractor is to bid on the supply of equipment and operator. Equipment must conform approximately to the specifications prepared for the rental of each unit. 6. The Township reserves the right to terminate this Contract at the end of each session, or as decided by the Township. 7. The Contractor shall maintain a log of all work carried out for the Contract, specifying date, time, road location and conditions, and shall make this available to the Township upon request. The log shall be submitted to the Township at the completion of the Contract 8. Operating delays in excess of 15 minutes each, caused by the failure of the Contractor's equipment or lack of judgement of his operator, will be deducted as non-payment from rentals owed by the Township. 9. Standby time on all plow equipment will commence on November 150 and continue until March 31' or longer, should conditions warrant retention in the opinion of the Township of Oro - Medonte. NOTE: Standby time payable by the Township for each day from November le to March 31'� Operating time will be paid for actual time work that has been approved by the area Foreman. 3 Page 174 of 211 15i) A By -Law to Authorize the Execution of an Agreement... NOTICE TO BIDDERS (cont'd.): 10. No payment will be made for either standby or operating time if the unit is employed, with the Township's permission, to plow for other Municipalities or individuals. Collection of such work shall be made by the Contractor from the employer and Township rates will not apply- 11. No payment will be made for standing time when any unit is broken down and unable to operate. 12. Payment by the Township will be as soon as possible after submission of monthly rentals from the Contractor. 13. Payment shall be made from the time the equipment leaves its base of operations until it returns. The Contractor will verify hours on a daily basis with the Manager of Transportation Services or her Representative. 14. One unit will be required by the Township to be stationed in the Township of Oro - Medonte area. 15. Please note that this tender will be awarded on the tendered amount, Payment will be made on the unit price tendered. 16. This "Notice to Bidders" must be signed by the Contractor and submitted with his tender as an indication that the terms contained therein are acceptable to him. 17. 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. 18. All work is to be performed under the supervision of the Manager of Transportation Services or her Representative. 19. 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. VV gnature of Contractor 0 Page 175 of 211 15i) A By -Law to Authorize the Execution of an Agreement... TENDERING REQUIREMENTS Tender Deposit: On all plowing equipment tendered upon, a certified cheque made payable to the Township of Oro- Medonte in the amount of ONE THOUSAND DOLLARS ($1,000.00) shall be submitted with each tender. Certified cheques of the successful bidder shall be retained until the equipment has been placed in operating condition, at the Township's disposal, at the pre - described time. Failure on the part of the Contractor to do so will make his cheque subject to forfeit by the Township. The certified cheques of unsuccessful bidders will be returned within fourteen (14) days of tender opening. Tenders not accompanied by a certified cheque 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) Oualified 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: 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. ii. 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. Wi Page 176 of 211 15i) A By -Law to Authorize the Execution of an Agreement... 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. r:1 Page 177 of 211 15i) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -08 SPECIFICATIONS FOR TRUCKAND PLOW: 1. The truck shall be a minimum of 25,400 kg GVWR tandem axle and be no more than 10 years of age during the contract period. 2. The truck shall be fully equipped as follows: (a) In compliance with the requirements of the Highway Traffic Act for the Province of Ontario, designating safety equipment, lights and applicable appurtenances for snow clearing /removal equipment; (b) Be in good mechanical and physical condition with an acceptable aesthetic appearance; (c) Display a valid truck certification inspection sticker for the applicable year of season commencement; (d) One -way snow plow and wing, all controlled hydraulically from the cab; (e) Sand hopper or two -way sandbox and spinner mounted on left side of the unit 3. Wing - person required where conditions dictate. if no wing - person is utilized, alternate additional specifications for equipment and cab must be met. Please specify on tender form and obtain specifications before submitting tender. 4. Contracted equipment will be outfitted with Township -owned two -way radios. Installation and removal of radios will be the responsibility of the Township. The Contractor shall make the unit available to the Township at a time convenient to the Township for this purpose. 5. Truck and equipment shall be inspected by the municipality prior to the start of each season and shall prove satisfactory to the Manager of Transportation Services or her designate. 7 Page 178 of 211 15i) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -08 SPECIFICATIONS FOR TRUCK AND PLOW TENDER FOR SNOW PLOWING AND SANDING Me propose and agree to supply the specified equipment fully equipped with one -way plow, wing and sand hopper, or two -way sandbox and spinner, conforming to the specifications and Notice to Bidders prepared for the purpose of this tender, at the following unit prices: 201412015 201512016 201612017 Operating Time (Per Hour) (SNOWPLOWING) (includes H.S.T.) Operating Time (Per Hour) (SANDING) (Includes H.S.T.) Standby Time H.S.T. No. PLOWS MAKE: CONTROLS: MODEL: WIDTH: NOSE HEIGHT: 8 Page 179 of 211 15i) A By -Law to Authorize the Execution of an Agreement... CONTRACT NO. TES2013 -08 SPECIFICATIONS FOR TRUCK AND PLOW TENDER FOR SNOW PLOWING AND SANDING I/We propose and agree to supply the specified equipment fully equipped with one -way plow, wing and sand hopper, or two -way sandbox and spinner, conforming to the specifications and Notice to Bidders prepared for the purpose of this tender, at the following unit prices: HST NO. � 1 12 20 Cool PLOWS MAKE: Season Optional Seasons U G !� r Gk tji C. 2013 -2014 2014 -2015 2015 -2016 2016 -2017 2017 -2018 2018 -2019 Operating Time (per hour ' _, '- 073 ` j X73 �s / J 3 Agf 30 tJ Snowplowing Includes HST Operating Time (per 77 13 hour) - Sanding Includes HST Standby Time �)0' _ Ca HST NO. � 1 12 20 Cool PLOWS MAKE: S: _ =—WIDTH: U G !� r Gk tji C. MODEL: o In rx NOSE HEIGHT: 8 (Revised March 25, 2013) Page 180 of 211 15i) A By -Law to Authorize the Execution of an Agreement... MAKE; CONTRACT NO. TES2013 -08 SPECIFICATIONS FOR TRUCK AND PLOW MODEL: TENDER FOR SNOW PLOWING AND SANDING WING LENGTH: Corporation: t- act) t) m t l- 5 L Address: - /p % C K e �^ /e 0 Represented By: G2 to C) Phone Number: 4o S - 3 -5- _ 9/� Date: � y � a i^ C �- J, �C 3 9 MAKE; DEPTH: MODEL: CONTROLS: LENGTH: Page 181 of 211 15i) A By -Law to Authorize the Execution of an Agreement... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this day of aitJt' 2013. BETWEEN: of the / G in the District or County of 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" THE PARTY OF THE SECOND PART 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, 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. The Contractor agrees that such monies may be deducted from any monies due the 10 Page 182 of 211 15i) A By -Law to Authorize the Execution of an Agreement... 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 Signature of the Clerk Signature of the Mayor with Seal 11 Signature of Corporation Seal of Corporation Page 183 of 211 15i) A By -Law to Authorize the Execution of an Agreement... Page 184 of 211 M�p�F �RFS T A COURT iO�N O ` QO PINES CATHEpR ®o o,sS RD �rt U W W� 00 HORSESHOE VALLEY ROAD W ��Qp DALE COURT a ®L � HILLSIDE COURT P G cc ®Rs�� Cn �. 4 L, 0 h00 /_ HIGHLAND DRIVE 00 HIGHLAND DRIVE Z 4�. m ,00 1 o Z CA c GLEWOOD oS< rtE Z N TAN '9e1r� Y m Cy�STNU � ALPINEWAY r Z M NORDIC TRAIL w Z S Page 184 of 211 v (D OD (T O_ IV Cil D r O D c O N CD CD m x CD C) C O 0 qm i [Q CD CD 3 CD PENETANGUISHENE ROAD OODLAND CRESCENT W a A m D\/ aN\d OaH 010 o� oa m m m z o �Ya z4ol-oo N�0 O C I HAINO MS1A3Md v O O c 1N30S3213 )IOOlW3H N V 3N1"I Cil D r O D c O N CD CD m x CD C) C O 0 qm i [Q CD CD 3 CD 15i) A By -Law to Authorize the Execution of an Agreement... Page 186 of 211 0 ly W Z W N Z Z F W 2 W a PROCEE CIRCLE v� ��G` C'p ®� W,ch'li a� R`ST HORSESHOE VALLEY ROAD W `1 HORSESHOE VALLEY ROAD W 0 p 00 V LU p m 00 W w Z w x D C9 Z H w Z w a s Page 186 of 211 15j) A By -law to Authorize the Execution of a Site Plan ... 19: 1:90161 1aQXA 110 1Z1101 a9: I* 1101TAZ &y:11107:901 Y015 �A1:1IIO]Zk9:4 BY -LAW NO. 2013 -077 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 1, Plan 51M -957, as in 58533 -0225 LT ROLL # 4346- 010 - 003 -26501 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE MAYOR, H.S. HUGHES CLERK, J. DOUGLAS IRWIN Page 187 of 211 15j) A By -law to Authorize the Execution of a Site Plan ... APPENDIX "A" SITE PLAN AGREEMENT - between - DEMOCRAT MAPLEWOOD LIMITED - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Lot 1, Plan 51M -957, as in 58533 -0225 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346 - 010 - 003 -26501 By -Law No. 2013 -077 May 8, 2013 Page 188 of 211 15j) A By -law to Authorize the Execution of a Site Plan ... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless I+Ya71 *11f111*1 Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction z Page 189 of 211 15j) A By -law to Authorize the Execution of a Site Plan ... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 811 day of May 2013, in accordance with Section 41 of the Planning Act. BETWEEN: Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- rra -[•i•] 71•] 7_�r[•PH]�r:I�r•PJ1�69a11•7�•] Z•���d��LPrr� Hereinafter called the "Township" -1 4VK61ar :1:.9 role] ►L7U1 it WHEREAS the Owner has applied to the Township of Oro - Medonte to permit the construction of a single detached dwelling on lands described in Schedule "A ", attached hereto; AND WHEREAS the Township has enacted a By -law to provide for the designation of the lands as a "Site Plan Control Area "; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B ": NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: Page 190 of 211 15j) A By -law to Authorize the Execution of a Site Plan ... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A ", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. C) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro - Medonte By -law 2010 -059, retain the services of a consulting archaeologist for their on -site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the discovery of any ossuary and /or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and /or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and /or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C, as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP Page 191 of 211 15j) A By -law to Authorize the Execution of a Site Plan ... The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit the construction of a single detached dwelling with attached garage occupying 2,459 square feet (228.45 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B ", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan. attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. C) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) Erosion and Siltation Control Page 192 of 211 15j) A By -law to Authorize the Execution of a Site Plan ... The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work "), the following securities: a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) A Certified Cheque in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. C) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty -one (21) day's notice, its intent to draw down on the security or deposit. Page 193 of 211 15j) A By -law to Authorize the Execution of a Site Plan ... 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. �1 l-►N=1 :?-A 31 4 r C K•] Z OW n T 1 M d Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub - contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub - contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED Democrat Maplewood Limited per: Name: Enzo Palumbo Title: Authorized Signing Officer I have authority to bind the Corporation The Corporation of the Township of Oro - Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 194 of 211 15j) A By -law to Authorize the Execution of a Site Plan ... SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 1, Plan 51M -957 as in 58533 -0225 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346 - 010 - 003 -26501 Page 195 of 211 15j) A By -law to Authorize the Execution of a Site Plan ... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 1, Prepared by Valdor Engineering Inc dated March 28, 2013. Site Plan is not in a registerable form and is available from the Township of Oro - Medonte. Page 196 of 211 15j) A By -law to Authorize the Execution of a Site Plan ... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A to Page 197 of 211 15j) A By -law to Authorize the Execution of a Site Plan ... SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. m Page 198 of 211 15k) A By -law to remove the Holding symbol on lands desc... 19: 1:90161 1aQXA 11 01Z110]a9:I *1101TAZ&] :I1107:901:102 A 1:1 ITO] Z k 9:4 BY -LAW NO. 2013 -078 A By -law to remove the Holding symbol On lands described as follows: Lot 1, Plan 51M -957 Township of Oro - Medonte, County of Simcoe Roll # 4346- 010 - 003 -26501 WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1. Schedule 'A16', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "Lot 1, Plan 51 M -957, Roll # 4346- 010 - 003 - 26501" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 199 of 211 15k) A By -law to remove the Holding symbol on lands desc... Schedule 'A' to By -Lave No. 2013 -078 This is Schedule 'A' to By -Law 2013 -078 passed the 8t' day of April, 2013. Mayor H.S. Hughes Clerk J. Douglas Irwin TOWNSHIP OF ORO- MEDONTE Page 200 of 211 151) Being a By -law to Authorize the Execution of a Cont... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -080 Being a By -law to Authorize the Execution of a Contract between the Township of Oro - Medonte and the Barrie Public Library Board for a Term of One Year and to Repeal By -Law No. 2012 -102 WHEREAS, the Public Libraries Act, R.S.O. 1990, Chapter P.44, as amended, Section 29(1) provides for the entering into a contract with a public library board for the purpose of providing the residents of the municipality with library services; AND WHEREAS, Council deems it desirable to enter into a contract with the Barrie Public Library Board; NOW THEREFORE, the Council of The Corporation of the Township of Oro - Medonte enacts as follows: That the Mayor and Clerk are hereby authorized to execute the contract between The Corporation of the Township of Oro - Medonte and the Barrie Public Library Board, said agreement attached hereto as Schedule 'A' and forming part of this by -law. 2. That By -law No. 2012 -102 is hereby repealed. 3. And that this By -Law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013 1�: 1-[ �i�7: 717 :7nr1[�LH7��:I�t�PJl�6yall�l��] Z��Jd��I�l��l� Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 201 of 211 151) Being a By -law to Authorize the Execution of a Cont... off® BETWEEN AND LIBRARY SERVICES AGREEMENT This agreement made in duplicate this day of 2013 THE BARRIE PUBLIC LIBRARY BOARD, in the City of Barrie THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE, in the County of Simcoe WHEREAS the Barrie Public Library Board has agreed to provide library service. THEREFORE it is mutually understood and agreed that the Corporation of the Township of Oro - Medonte will pay the Barrie Public Library Board the sum of $142,041.00 for library service for Oro - Medonte residents and taxpayers for the year 2013 with payments to be made quarterly, commencing January 15T, April 1ST, July 1ST, and October 1ST, 2013 Mayor, Oro - Medonte H.S. Hughes Clerk, Oro - Medonte J. Douglas Irwin day of 2013 ,, '� ,4'd. Chair, Barrie Public Libr ry Board Page 202 of 211 15m) A By -law to Authorize the Execution of a Contract b... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -081 A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Midland Public Library Board For a Term of One Year and to Repeal By -law No. 2012 -103 WHEREAS the Public Libraries Act, R.S.O. 1990, c.P.44, as amended, Section 29(1) provides for the entering into a contract with a public library board for the purpose of providing the residents of the municipality with library services; AND WHEREAS Council deems it desirable to enter into a Contract with The Midland Public Library Board; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: That the Mayor and Clerk are hereby authorized to execute the contract between The Corporation of the Township of Oro - Medonte and The Midland Public Library Board, said agreement attached hereto as Schedule "A" and forming part of this by -law. That By -law No. 2012 -103 is hereby repealed. That this By -Law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 203 of 211 BETWEEN AND 15m) A By -law to Authorize the Execution of a Contract b... LIBRARY SERVICES AGREEMENT This agreement made in duplicate this day of 2013 THE MIDLAND PUBLIC LIBRARY BOARD, in the Town of Midland THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE, in the County of Simcoe WHEREAS the Midland Public Library Board has agreed to provide library service. THEREFORE it is mutually understood and 'agreed that the Corporation of the Township of Oro- Medonte will pay the Midland Public Library Board the sum of $4,800.00 for library service for Oro - Medonte residents and taxpayers for the year 2013 with payments to be made quarterly, commencing January 1St, April 1", July 1st, and October 1St, 2013 Mayor, Oro - Medonte H.S. Hughes Clerk, Oro - Medonte J. Douglas Irwin of .2013 ir, iJ4Wd Public r, Midland Public Library Page 204 of 211 15n) A By -law to Authorize the Execution of a Contract b... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -082 A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Coldwater Public Library Board For a Term of One Year and to Repeal By -law No. 2012 -104 WHEREAS the Public Libraries Act, R.S.O. 1990, c.P.44, as amended, Section 29(1) provides for the entering into a contract with a public library board for the purpose of providing the residents of the municipality with library services; AND WHEREAS Council deems it desirable to enter into a Contract with The Coldwater Public Library Board; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: That the Mayor and Clerk are hereby authorized to execute the contract between The Corporation of the Township of Oro - Medonte and The Coldwater Public Library Board, said agreement attached hereto as Schedule "A" and forming part of this by -law. That By -law No. 2012 -104 is hereby repealed. And that this By -Law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 205 of 211 BETWEEN AND 15n) A By -law to Authorize the Execution of a Contract b... APR z 201j LIBRARY SERVICES AGREEMENT 0;1_0 r,. This agreement made in duplicate this &&-day of 44v,;=F2, 2013 THE COLDWATER PUBLIC LIBRARY BOARD, in the Township of Severn THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE, in the County of Simcoe WHEREAS the Coldwater Public Library Board has agreed to provide library service. THEREFORE it is mutually understood and agreed that the Corporation of the Township of Oro - Medonte will pay the Coldwater Public Library Board the sum of $19,380.00 for library service for Oro - Medonte residents and taxpayers for the year 2013 with payments to be made quarterly, commencing January I", April 15f, July 1St, and October 1St, 2013 Mayor, Oro - Medonte H.S. Hughes Clerk, Oro - Medonte J. Douglas Irwin day of 2013 Chair, Coldwater Public Library Treasurer, Coldwater Public Library Page 206 of 211 150) Being a By -law to Appoint Municipal Law Enforcement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -085 Being a By -law to Appoint Municipal Law Enforcement Officers /Provincial Offences Officers And to Repeal By -Law Nos. 2012 -090, 2012 -130 and 2012 -146 WHEREAS the Municipal Act 2001, S.O. 2001, c. 25, Section 224, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS the Police Services Act, R.S.O. 1990, ChapterP.15, Section 15., provides the appointment of Municipal Law Enforcement Officers for the purpose of enforcing the by -laws of a municipality; AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte does now find it expedient to appoint Municipal Law Enforcement Officers /Provincial Offences Officers; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That the employees of The Corporation of the Township of Oro - Medonte outlined on Schedule "A ", attached hereto and forming part of this by -law, be appointed Municipal Law Enforcement Officers /Provincial Offences Officers; 2. That employees of The Corporation of the Township of Oro - Medonte outlined on Schedule "B ", attached hereto and forming part of this by -law, be appointed Municipal Law Enforcement Officers /Provincial Offences Officers for the purpose of parking infractions; 3. That the employees of The Corporation of the Township of Oro - Medonte outlined on Schedule "C ", attached hereto and forming part of this by -law, be appointed Municipal Law Enforcement Officers /Provincial Offences Officers for the period of May 6, 2013 to September 3, 2013, inclusive; 4. That By -laws 2012 -090, 2012 -130 and 2012 -146 are hereby repealed in their entirety; 5. That this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8" DAY OF MAY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 207 of 211 15o) Being a By -law to Appoint Municipal Law Enforcement... Schedule "A" to By -law No. 2013 -085 for The Corporation of the Township of Oro- Medonte Municipal Law Enforcement Officers/ Provincial Offences Officers Robert Belsey Steve Blogg Janice Bosomworth Nina D'Andreamatteo Bobbi Lovering Sherri Moore Hugh Murray Curtis Shelswell John Wigle Page 208 of 211 15o) Being a By -law to Appoint Municipal Law Enforcement... Schedule "B" to By -law No. 2013 -085 for The Corporation of the Township of Oro- Medonte Municipal Law Enforcement Officers/ Provincial Offences Officers For the purpose of parking infractions Dave Dowson Dean Mawdsley Lisa McNiven Harold Shelswell Dan Tinney Page 209 of 211 15o) Being a By -law to Appoint Municipal Law Enforcement... Schedule "C" to By -law No. 2013 -085 for The Corporation of the Township of Oro- Medonte Municipal Law Enforcement Officers/ Provincial Offences Officers For the period of May 6, 2013 to September 3, 2013, inclusive. Carly Keeler Adam Marchildon Mark Woelfle Page 210 of 211 18a) Being a By -Law to Confirm the Proceedings of the Co... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -067 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, May 8, 2013 WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended provides that the powers of the Municipal Council shall be exercised by By -Law, unless the municipality is specifically authorized to do otherwise; AND WHEREAS The Council of The Corporation of the Township of Oro - Medonte deems it expedient that the proceedings at this Council Meeting be confirmed and adopted by By -Law; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That the actions of the Council at its Council Meeting held on Wednesday, May 8, 2013, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. That the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro - Medonte. 3. That the Mayor /Chair and Clerk /Designate are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by -law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8TH DAY OF MAY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 211 of 211