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2009-017 Agreement Between the Township of Oro-Medonte and Kevin Woodrow for Snow RemovalTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2009-017 Being a By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and Kevin Woodrow For Snow Removal (Tender PW2005-08) for the 200812009 Winter Season WHEREAS the Municipal Act, 2001, S. 0. 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 Contract No. PW2005-08 to be Kevin Woodrow for snow removal for the Winter Seasons of 2005/2006, 200612007 and 200712008 pursuant to Motion No. CW-22 at the Committee of the Whole Meeting of November 9, 2005; AND WHEREAS Council deems it expedient to extend the agreement of Contract No. PW2005-08, with Kevin Woodrow for snow removal for the Winter Season of 200812009 pursuant to Motion No. CW081203-16 at the Committee of the Whole meeting of December 3, 2008; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. PW2005-08 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 11 TH DAY OF FEBRUARY, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF FEBRUARY, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Schedule "A" to By-Law No. 2009-017 TENDER FOR THE TOWNSHIP OF ORO-MEDONTE CONTRACT NO. PW2005-08 TENDER FOR SNOW REMOVAL WINTER SEASONS OF 2005-2006, 2006-2007 AND 2007-2008 and 2008-2009 pRpr~ED('~IyTE ~F THE TpWNSNIP CpRppRATICtN OCTOSER 217 2005 T OON pN FRIDAYS DATE IS 12:aQ N ted) NDER CLOSIN nder not necessarily accep TE ~ ;p0 p•m• (Lowest or any to er 21, 2005 at Centre on Friday pc#Ob will be urchased' at the Administration or materials pall the ened orks to be done, rovide nders will be °p The actual w please p ature• fyepartment as tendered' ate 5 eneral in Iic Works an appro) this his tender is g the pub each form. will consist of onitor drninistered by aired for This route staff will m iocumentation req on the attached ma snowfall. Municipal an averag pW2008-08„ ntrac# route is ~~mre based on Contract N°• ) Ontario to 5/~ h°ur plowing t "Tender for ox 100, pR ' of th lark, arked edon#e, ~ e ~ envelope m of pro-M #o the pf~Ce ~ operation. a sealed Township I be enclosed in n Cooks Clerk? shall be deliyeredpRp~ pntari© LOL shal pen y they oath, Tenders n d 148 Line 7 and addressed tdd~ s are deliver nisttration Centre' LOL 2Xp if ten edonte, Adm Township of pro-M • ormations please contact: For further rnf gall, C•p•5'S• ,ferry erintendent public Works Sup on#e Township o f pro,Med le hone (705) 487-2171 Te p 2 t CONTRACT NO. PW2005-08 NOTICE TO BIDDERS: 1. 2. 3. The Contractor shall furnish the Township with evidence from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act complied with. 1998, with respect to his employees or operations, have been 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 Public Works Superintendent or his Representative shall be final in this regard, and the Contractor will immediately take action. 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. PW2005-08. 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. Please note that this tender will be awarded on the tendered total amount. Payment will be made on the unit price tendered. 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. All work is to be performed under the supervision of the Public Works Superintendent or his Representative. 4. This tender is a proposed three (3) year Contract, renewed yearly. The Township reserves the right to terminate this Contract at the end of each session, or as decided by the Township. 5. On all plowing equipment tendered upon, a certified cheque 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 shall be returned within fourteen (14) days of tender opening. 3 im NOTICE TO BIDDERS (contd.): 6. Payment by the Township will be as soon as possible after submission of monthly rentals from the Contractor. 7. 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 Public Works Superintendent or Township Foreman. 8. 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. 9. 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. 10. Standby time on all plow equipment, if applicable, will start on December 15th and continue until March 95th, or longer, should conditions warrant retention in the opinion of the Township of Oro-Medonte. NOTE: Standby time payable by the Township only on non-working days. 11. 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. 12. No payment will be made for standby time when any unit is broken down and unable to operate, or previous to December 15', even though it may be called into operation before that time. 13. 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 $2,000,000.00, 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. 14. "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. 4 Ab NOTICE TO BIDDERS (contd.): 15. One unit will be required by the Township to be stationed in the Township of Oro- Medonte area. 16. Rented unit, if a grader, could be engaged in the operation of ice blading when conditions warrant. The unit rate bid for plowing will apply, including the cost of ice blades. The successful bidder may option not to perform this operation. The bidder shall indicate this option prior to start of standby Contract. Contractor Name Contractor Signature 5 A& T NO P 2a05 08 CQNTRpC CK ANpPIOW ' TRU FICATIONS FOB m axle, operated with Sp~CI le axle or tande 15,~~p kg.} sing Minimum ton ©wer ("165 kw.) diesel. The truck shall of Z h©rseP attached; a minimum ed as follow- Lion spe Th cifications= be fully equipp a truck shall b lights comply with Ministry of Transpo The tru a) Clearance shield defrosters, and wrng spotlights ( two wind trolled (b) Cab heater, t, all can (c} and 11 foot wing, as specified in this Contract, Spare tire and tube the unit. left side one.way snowplow f m cabs s mounted on the inner alternate (d} hydraulically sandbox and p ingpersan is specify til°n tender er or two~way If no w met. Please (e) Sand hopp ere conditions dictate must be son required ecificationwh ment and cab submitting tender' Installation s for equip o wa The Contractor shall Wingper for this additional sptain specifications before with Townships a Ted ownship' the Township to form and will be ou tfMtted onsibility of venient uipmer will be the resP a time con Contracted I of rad iosle to the Township at and re maevunit availab make purpose 6 a T NO P CONTRA C $ C ~~R AND PLOW TIpNS FOR u~tA horsepower to be not SPECIFICA d Class made Motor Grader shall be an approved make an 6 Motor diesel. s eci€icatians► attache s than i 80 b,p, ed as follows' Mles be fully equfPp Transportation p otor Grader shall b with Ministry of ht, hts comply wing spotlight; a) clearance tig shield defrosters and Gab heater, two wind (b~ controlled (c) Tire chains' Contract= all Spare tire and tube; specified in this (d) and 13 foot wing, as one-way snowplow cab. accepted. (e) hydraulically from the r graders will be tenders on tandem driven Moto Installation tend uate fuel supply way radios. shall a contractor this Only for adeq caned two' 3 ons must be made with Township' a Township. Tb Township for 4. Pr°v'd~ t will be outfitted nsibility ° t~anvenient to the men the e pa time Contracted equip to bthe e Township at a 5 oval of radios w e supplied and rem vailable must b make the unit a sander unit m snow plowing= a truck purpose- be used for If a grader is to NOTE'. fa_..~ ute sanding. 7 to CONTRACT NO. PW2005-08 SPECIFICATIONS FOR TRUCK AND PLOW/GR TENDER FORM To the Council of the Township of Oro-Medonte: Me propose and agree to supply the specified equipment, fully equipped with one-way low and wing conforming to the Specifications and Notice to Bidders prepared for the purpose of this tender, at the following unit prices: 200512006 2006/2007 200712008 Operating Time (Per Hour) (Snowplowing) (Includes G. S. T.) Standby Time G.S.T. No.: MOTOR GRADER OR TRUCK MAKE: MOTOR H.P.: MODEL: TIRES FRON : YEAR: TIRES (REAR): PLOW ONE-WAY- MANDATORY MAKE: q CONTROLS: MODEL: WIDTH: NOSE HEIGHT.• 8 ~r CONTRACT NO. PW2005-08 TENDER FOR TRUCK AND PLOW/GRADER AND PLOW TENDER FORM WING MAKE: DEPTH: 4 MODEL: CONTROLS: ' p LENGTH: 1 t' ° Corporation: k~2,ulb Address: + Represented By: Phone Number: Date: Ce 9 AGREEMENT - TOWNSHIP OF ORO-MEDONTE This Agreement made, in duplicate, this day of BETWEEN of the District or County of and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - in the 2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Munici"pality" 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 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. DESCRIPTION OF THE WORKS: Supplying snow plowing services for the route described on the attached map, or as directed by the Public Works Superintendent or his Representative. 10 to anY moues due the Contrac~~' may be deducted from contractor pay to the con ontractor agrees that Yer. such monies d part agrees to . hatsoe iY account w of the Second said party executors, ,pNStDPRAT1pN WH eRu 4 price on the tender. on the heirs, the benefit of and be binding up hereunto ,11 work performed, th nsure to hereto of pro-Medonte have enatnd alt e arties s ggreem assigns of the Pa for and the Township ators tten. f ministr the Contrac first above wri NESSIES wH Rheir seals on the d aY ignee ed their names and set or, or tr S~g r of Con mature of th6 Clerk Clem Sig De la . ur ure - the Mayor Signat o f f th with Seat ? aYor S H• Hug~es M r of f Corporation Signature © oration Seal of Corp 11 10 % /I " BAsS LAKE sti O,P t'y i ~y O,Q~ti t i f'y q~ fti at~ QO F 1~ Lake S%Mcoe -N-