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2008-163 Agreement Between the Township of Oro-Medonte and Orval E. Hutchinson for Snow Removal for 2008/2009, 2009/2010 at Shelswell Park (Tender RC2008-05)THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2008-163 Being a By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and Orval E. Hutchinson for Snow Removal for 200812009, 200912010 at Shelswell Park {Tender RC2008-05}. WHEREAS the Municipal Aef, 2Qt?1, S.O. 2Q(11, 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 for Tender RC2008-05, Snow Removal 200812009, 2009/2010 at Shelswell Park to be Orval E. Hutchinson; AND WHEREASE Council deems it expedient to enter into an agreement with Orval E. Hutchinson; 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 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 26T" DAY OF NOVEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 26T" DAY OF NOVEMBER, 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ___ Mayor, H.S: Hughes rierk, J. Di~ugias Irwin Schedule "A" to By-Law No. 2008-163 TENDER FOR THE TOWNSHIP OF ORO-MEDONTE CONTRACT NO. RC2008-05 TENDER FOR SNOW REMOVAL (SEE PAGE 5 FOR LOCATIONS) WINTER SEASONS OF 2008-2009, 2009-2010 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE TENDER CLOSING DATE IS 72:00 NOON ON FRIDAY, October 24, 24Q8 (Lowest or any tender not necessarily accepted) Tenders wilt be opened at the Administration Centre on Friday, October 24, 2(108 at 9.4Q p.m. This tender is general in nature. The actual works to be done, or materials purchased, will be administered by the Recreation and Community Services Department as tendered. Please provide all the documentation required for each form. Tenders will be awarded on an individual basis for each location listed. Tenders shall be enclased in a sealed envelope marked "Tender for Confract No. RC2QQ8-tT5" and addressed to Doug Irwin, Clerk, Township of Oro-Medonte, Box 904, ORO, Ontario LOL 2Xl?. if tenders are delivered by hand, they shall be delivered to the Office of the Clerk, Township of Qro-Medonte, Administration Centre, 948 Line 7 South, ORO, Onfario LQL 2X0. For further information, please contact: Shawn Binns Director of Recreation and Community Services Township of ©ro-Medante Telephone: (705) 487-2979 2 CONTRACT ND. RG2Q08-(35 NOTIC€ Tfl BIDDERS: ?. The Contractor is to bid on the removal of snow at all or individual locations listed herein. Municipal staff wilt monitor this operation. 2. This tender is a seasonal contract from November 9, 2QU8 to April 95t~' of each season. The Township reserves the right to terminate this contract upon thirty X34) days notice, or as decided by the Township. 3. Quoted prices on the Form of Tender are for the seasons beginning November 9, ~tJ08 to April 95f~' of each season, inclusive, and include all applicable faxes. 4. Payment by the Township will be as soon as possible after submission of monthly invoices from the Contractor. 5. The Contractor shall maintain a log of all work carried aut for the contract, specifying date, time, road location and conditions, and shat/ make this available to the Township upon request. &. The lowest or any tender not necessarily accepted. The Township reserves the right to accept different tenders for each of the specified areas of this contract. 7. The Contractor shall furnish the Township with evidence from the Workplace Safety and lnsurance Board saying that all dues and assessments payable under the Workplace Safety and lnsurance Act, 9998, with respect to his employees or operations, have been complied with. 8. The Contractor shall abide by the requirements of the Occupational Health and Safety Act and Regulations, and any other government regulations pertaining to the work carried out. Should the Contractor be in contravention of the above, all the work on the project shall cease immediately and remain stopped until adequate corrective measures have been undertaken. The decision of the Director of Recreation and Community Services or his Representative shall be final in this regard, and the Contractor will immediately take action. The Contractor shall indemnify and save harmfess the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with Contract No. RC2QQ8-05. 9. 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. Signature of Contractor 3 TENDERING REQUIREMENTS Basis for Resection of Tender: Tenders maybe rejected for any of the following reasons: a) Bids received after closing date and time; b) Bids received on other than the fender form supplied; c) Bids not completed in ink or by typewriter, d) lnccrmplete bids (all items not bid); e) Qualified or conditional bids; fl Bids not properly signed and sealed. *EACH BIDDER MUST COMPLETE THE TWO-PAGE "AGREEMENT" PORTION LOCATED AT THE END OF THIS TENDER*. Liability Insurance: The Gonfractor shall take out, and keep in force until the date of acceptance of the enfire work by the Municipality, a comprehensive policy of public liabilify and property damage rnsurance acceptable to the Municipality, providing insurance coverage in respect of any one accident to the limit of at least $2,000,000.00, exclusive of interest and cast, against loss or damage resulting from bodily injury to, or death of, one or more persons and toss of or damage to property and such policy shah name the Municipality as an additional insured thereunder, and steal! protect the Municipality against all claims for all damage or injury, including death, to any person or persons and for damage to any properly 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 Gonfractor shall forward a certified copy of the policy or certificate thereof fo the Municipality before the work is started. 4 CONTRACT NO, RC20Q8-tI5 LQCAT/ONS: 1. Qro-Medonte Administration Gentre - 148 Line 7 South 2. Shelswel! Park- 118 Lakeshore Road West 3. Sweetwater Park- 3353 Line 6 North- Parking Lot and Pathway to Gherry Trail 4. Moonstone Fire Hall - 5568 Line 7 Narth TERMS AND CONDt TIONS: 1. a} Snowfall, which has accumulated to two (2) inches or more in the parking and driveway areas and two (2) inches or more on all sidewalk areas, which include the front, side and back sidewalk areas of the Qro-Medonte Administration Cenfre, must be cleared by 7:00 a.m., seven (7) days a week. Sidewalk areas, where applicable, must be cleared by hand or snow blower. All sidewalk areas must be salted, as required. b)Snowfall, which has accumulated to two (2} inches or more in the parking and driveway areas and two (2) inches or more on all sidewalk areas, which include the front and side entryway areas of the Moonstone Fire Hall, must be cleared by 7:40 a.m., seven (7) days a week. Entryway areas, where applicable, must be cleared by hand or snow blower. All sidewalk areas must be salted, as required. c}Snowfall, which has accumulated to two (2} inches or more in the parking and driveway areas for al! locations and twa (2) inches or more on the pathway of Sweetwater Park, must be removed by 7:00 a.m., seven (7} days a week. 2. The successful tenderer will be responsible for knowing the boundaries of the areas to be plowed and will be responsible for any damage to curbing, light standards, or other permanent objects outside of those areas. 3. !n the event that snow builds up excessively in areas where piled, the successful tenderer will be required to remove it at his own expense. All banks at the entrance to areas to be plowed, must be kept at a heighf so as not to obstrucf view of traffic using main roads or entranceways. 4. The period of the contract shall be generally from November 1, 2008 to April 15th of each season. s CONTRACT NO. RG2008-05 TENDER FOR SNOVI! REMOVAL LOCATION 2008/2009 2009/201 D ~-TOTAL ~~ AMOUNT ORO•MEDONTE $ $ ADM/N/STRAT/ON CENTRE Note: Area cleared by ?:04 a.m., seven (?) days a week, four (4) door entranceways, entire parking lot and driveways, and all sidewalks Sl-IELSWELL PARK $ $ $ Parking Lot north side of ~_ ~, ~, Lakeshore SWEETWATER PARK $ $ $ Parking Lot and Pathway to Multi-Purpose Sports Pad (accessed from Cherry trail) ORO•MEDONTE MOONSTONE FIRE HALL Note: Area cleared by ?:44 a.m., seven (?) days a week, three (3) door entranceways, entire parking lot and driveways and all sidewalks GST $ ° S '.~ TOTAL ~~; $ TENDER _ G.S.T. No. 124702127 Signed at the Townshiti of ~rn_~~~~-„-, t P in the County of Simcoe this 24th day of October , 20U$. ~~ u , ~ ~,..~ Signature of Contractor or Witnesses and Position Heid Orval E Hutchinson 702 Line 7 S, Oro Station, ON LOL 2E0 705-487-2746 705-627-7481 Name, Address and Telephone No, of Person To be Contacted Regarding /nformation andlor Performance of the Contract 7 CONTRACT NO. RCZQ08-Q5 List equipment which will be used to complete the work required by this contract. State the Make, Type, Year and Plow Size: .. ~ ~M. ~ ~ ~~. ~, e~ . ~ 3 . Name of Firm Address Telephone No. ~ °- `.~` a-~ ~ Name of Firm Representative ~~~~ ~~ w Ff ,~ ~ .. Signature 8 Title Date w - Y AGREEMENT -TOWNSHIP OF ORO-MEDONTE This Agreement made, in duplicate, this day of 20Q8. BETWEEN Orval E. Hutchinson Of the Tnwn~hi n of f"}rn-Mr~rlnntP in the District or Counfy of Simcoe and the Province of Qntario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - THE CQRPORATION OF THE TQWNSHlP OF OR4-MEflONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the Firsf Part, for and in consideration of fhe 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 fhe Public Works Superintendent or his Representative, to do all the work specified and to complete such works in stricf accordance with the plans, specifications and fender 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. 9 3X m M oESeR~PrloN of woRKS. To supply snow removal to the locations specified on Page 5 of this Contract No. RG2(108-45 within the Township of Oro-Medonte. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to supply to the Contractor for a// work done, the quoted prices on the tender. 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 alt work performed, the unit price on the tender. This Agreement shat/ 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 "°`~ r _ ~ ,.. ~~ s _ Sinature of the Clerk ~, ~ .~ ~~ ~ ~_ Signs ure o th~~layor ~ ~~ with Seal 10 Signature of Corporation Seal of Corporation