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2008-138 Agreement Between the Township of Oro-Medonte and Dalton R. Lowe and Sons Construction Ltd. For the supply, haul, mix and pile of winter sandTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2oa8-138 Being a By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and Dalton R. Lowe & Sons Construction Ltd. For the supply, haul, mix and pile of winter sand (Tender PW2a08-a5). 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 the successful bidder of Tender PW2008-05 to be Dalton R. Lowe & Sons Construction Ltd.; AND WHEREASE Council deems it expedient to enter into an agreement for Contract No. PW2008-05, for the supply, haul, mix and pile of winter sand, with Dalton R. Lowe & Sons Ltd.; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the Agreement far Contract No. PW2008-05 attached hereto as Schedule "A" and forming part of this By- Law. 2. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 22Nd DAY 4F OCTOBER, 2oa8. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 22"D DAY OF OCTOBER , 2oa8. ~~~ ,' ,~ ,, _ , ;~e._ .. _.~;.., - ClerkDougfas Irwin Schedule "A" to By-Law No. 2008-138 TENDER FQR CQNTRA ^T y v J. PW2008 - 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 far 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 i0% of the tender amount issued from a chartered bank an a form acceptable to the Municipality. The proceeds of this cheque shat/, 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 at 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 maybe increased or decreased by the Municipal+ty 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 Con tractor) promise to commence work on: ______ (To be completed by ontractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by: October 31 2008 (To be completed by Municipality) BY. ____ __ ____ _ w ~ Name of Firm or lndividua! (Hereinafter referred to as the "Contractor") Address T Name of Person Signing far Firm (Signature) ~. _ __ _ __ _ Office of Person Signing for Firm sc '"" ~ ~ Telephone No. 4 =<.~; ~~ ~._ ~' 5 GENERAL C4NQITIQNS 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 ar Public Works Superintendent: Means the Council of the Municipality, or such other person, partnerhip 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 Public Works Superintendent, 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 Public Works Superintendent 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 Public Works Superintendent. Loading of Molar Vehicles: Where a vehicle is hauling material far use on the work under the Contract, in whale 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. 6 MEASUREMENT FOR PAYMENT Measurement for payment of granular materials will include only those materials incorporated into the work and accepted by the Public Works Superintendent. (a) Tonnage Measurement: Should the Contract require payment by the tonne, the method of weighing materials tar payment shall conform to the requirements of OPSS Form i02. (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 f 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 shat/ be compensation, in full, for the supply of all labour, equipment and materials necessary to complete the work to the satisfaction of the Public Works Superintendent or his Representative. l/We (Contractor) have reviewed the above and understand the procedures implied. ~..P~~~~-~.. 1 tt ~ ~ q Name of Person Signing for Firm Signature 7 CONTRACT NO. PW2008 - 05 TENDER FOR WINTER SAND FORM 1 -SOUTH YARD SPEC. TENDER ITEM DESCRIPTION ESTIMATED UN/T TOTAL NO. QUANTITY PRICE HAUL AND MlX TO _ ~ ~ ~'~ ~, ~,._; ~~ ~ ' 1. 531 TOWNSHIP PATROL YARD 3,800 Tonnes F~ ° HAUL, MlX AND PILE /N ~~~ ~~ ~ 2. 531 TOWNSHIP SAND 9,000 Tonnes • ~;~~-{-c: 1C~. STORAGE SHED G.S. T. No. ~ ~i~ ~C, ~+'~~- P.S.T. $ `~~(~_~ G.S.T. $ ~~~~,~~C TOTAL TENDER AMOUNT $ ~% ~G~`cu:~~ Signed at the ~ t G~~~~~~~`~ of t~..,[_,~7-hC_~> r~t~~ in the ~4 County of ~~ ;~4 C: c~ ~, this ~ S ~`~ day of f'}~ f~ ~~ i~-! , 2008. ~ '~' o-~-y=,c ~~~~ Signat a of Contractor or Witnesses and Position Held Name, Address and Telephone No, of Person To be Contacted Regarding Information and/or Performance of the Contract Tender accepted by Resolution of Council on 8 2008. CONTRACT NO. PW2008 - 05 TENDER FOR WINTER SAND FORM 2 -NORTH YARD SPEC. TENDER ITEM DESCRIPTION ESTIMATED UNIT TOTAL NO. QUANTITY PRICE HAUL, MIX AND PILE IN ~` ~ ~~ ~'"~~ `"+`" 1. 531 TOWNSHIP SAND 7,500 Tonnes • STORAGE SHED AT P/T HAUL, MlX AND PILE AT . 2. 531 THE TOWNSHIP PATROL 1,800 Tonnes ~ ~ ~ ~ ~ ~~ l ~ ~ • YARD G.S.T. No. ~.~~ ~s(ca~ ~-1~3`~- P.S.T. $ ~ '~) ~ ~~ . t~ G.S.T. $ ~~~ :.~~,"~ TOTAL TENDER AMOUNT $ ~ ~~ ~.~~ Signed at the .~~ k ~ ,~--~ ~ of ~ ~ ~ ~~ ~ ~ ~~ in the County of ~ X11 C ~~=y this ~ ! S1" day of %`'ti'1 ~}, ~C~ I-1 , 2008. °b Signature of Contractor or Witnesses and Position Held Name, Address and Telephone No. of Person To be Contacted Regarding Information and/or Performance of the Contract Tender accepted by Resolution of Council on 9 2008. h ~° AGREEMENT -TOWNSHIP OF ORO-MEDONTE This Agreement made, in duplicate, this day of BETWEEN of the in the t-o~County of ~~ ~~c_ ~,~ and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - 2008. 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 Public Works Superintendent or his Representative, to do alJ the work specified and fo 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 alt intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF THE WORKS: Contract No. PW2008 - 05 is to supply, haul and mix sand to the Township of Oro-Medonte in quantities as per Form of Tender Contract No. PW2008 - 05. The Contractor wil! be required to refill both sand storage buildings during the winter when notified by the Municipality. 1Q ~. The Contractor further agrees that he will deliver the whole of the works, completed in accordance with the Agreement on or before the 31St day of October, 21108. 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 Sigr~ture ~f the Glerk Signature of the yor with Seal 11 M.~ .... ~~' ~__ i ~.r p Signature of Corporation Seal of Corporation