2009-090 Agreement Between The Township of Oro-Medonte and Duivenvoorden Haulage LtdTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
By-Law No. 2009-090
Being a By-Law to Authorize the Execution of an Agreement Between
The Township of Oro-Medonte and Duivenvoorden Haulage Ltd.
for the Supply, Haul, Mix and Pile of Winter Sand (Tender PW2009-04)
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. C090422-5, the successful bidder of Tender PW2009-04 to be
Duivenvoorden Haulage Ltd.;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. PW2009-04, for the supply, haul, mix and pile of winter sand, with Duivenvoorden
Haulage 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 for Contract
No. PW2009-04 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 29TH DAY OF JUNE, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 29TH DAY OF JUNE,
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
J: DviGdlas Irwin
Schedule "A" to By-law No. 2009-090 ".r
TENDER FOR THE
TOWNSHIP OF ORO-MEDONTE
CONTRACT NO. PW2009 - 04
TENDER FOR THE SUPPLYING, HAULING,
MIXING, AND PILING OF WINTER SAND
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
TENDER CLOSING DATE IS 9:00 A.M. ON FRIDAY, MARCH 20, 2009
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Friday, March 20, 2009 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. PW2009 - 04"
and addressed to Doug Irwin, Clerk, 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 Clerk, Township of
Oro-Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0.
For further information, please contact.
Jerry Ball, C. R. S. S.
Director of Transportation and Environmental 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
CONTRACT NO. PW2009 - 04
NOTICE TO BIDDERS:
1. 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, 1998, with respect to his employees or operations, have been
complied with.
2. 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. The Contractor must also supply the Township of Oro-Medonte with a copy of a
Traffic Protection Plan, in accordance with Book #7.
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 Transportation and Environmental Services
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.
PW2009 - 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 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 Director of Transportation and
Environmental Services or his Representative.
3
TENDERING REQUIREMENTS
Tender Deposit:
A certified cheque made payable to the Township of Oro-Medonte for 10% of the total bid or
optional to the tender deposit, a bidder may provide an irrevocable certified "Letter of Credit"
for 10% of the tender amount issued from a chartered bank on a form acceptable to the
Municipality. The cheque or Letter of Credit of unsuccessful bidders will be returned within
fourteen (14) days of tender opening. The cheque or Letter of Credit of the successful bidder
will be retained until the Municipality's acceptance of the work.
Tenders not accompanied by a certified cheque or Letter of Credit will not be considered.
Basis for 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'
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.
4
TENDER FOR CONTRACT NO. PW2009 - 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 c pleted by Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by.
October 30, 2009
(To be completed by Municipality)
BY. N~wen\1cr--c C 0 tAO~ K\no~ L -V(~ Name of Firm or Individual (Hereinafter referred
34as (-\e to as the "Contractor")
_1 n~~ ~l Lit z~, Address
LA m r c1-P C Name of Person Signing for Firm (S~~ ture)
RaQre ~~cxA~ Office of Person Signing for Firm
05 - 9k> - L4 q ~ 9 Telephone No.
5
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 Director of Transportation and Environmental Services:
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 Director of Transportation and Environmental 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 Director
of Transportation and Environmental 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 Director of Transportation and
Environmental 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.
6
MEASUREMENT FOR PAYMENT
Measurement for payment of granular materials will include only those materials incorporated
into the work and accepted by the Director of Transportation and Environmental Services.
(a) Tonnage Measurement.
(b)
Should the Contract require payment by the tonne, the method of weighing materials
for payment shall conform to the requirements of OPSS Form 102.
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:
cubic yard = 0.764 cubic metres
cubic metre = 1.3 cubic yards
cubic metre = 1.76 tonnes
mile = 1.6 kilometres
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 Director of
Transportation and Environmental Services or his Representative.
I/We (Contractor) have reviewed the above and understand the procedures implied.
Name of Person Signing for Firm Signature
7
CONTRACT NO. PW2009 - 04
TENDER FOR WINTER SAND
FORM 1 - SOUTH YARD
SPEC.
TENDER.
ITEM
DESCRIPTION
ESTIMATED
UNIT
TOTAL
NO.
QUANTITY
PRICE
HAUL AND MIX TO
1.
531
TOWNSHIP PATROL YARD
3,800 Tonnes
l0
7
HAUL, MIX AND PILE IN
2.
531
TOWNSHIP SAND
STORAGE SHED
9,000 Tonnes
r~ r , , cry
,
u.-! . T. No. I `P,9 R t
P.S.T. $ I dlr., .C"r-)
G.S.T. $ ' A N - ~ "C~ )
TOTAL TENDER AMOUNT $ M , (o, -
Signed at the I A n ofQ in the
County of (Y)r, OE . this- jq_ day of li~~A~ , 2009.
Signature of Contractor or
Witnesses and Position Held
349 - C1 I i(w _nn~ 5 `n (_GS 7 ~~7C~~~ ` 3(ra-~-C
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
2009.
8
CONTRACT NO. PW2009 - 04
FORM 2 - NORTH YARD
TENDER FOR WINTER SAND
SPEC.
TENDER
ITEM
DESCRIPTION
ESTIMATED
UNIT
TOTAL
NO.
QUANTITY
PRICE
HAUL, MIX AND PILE IN
1.
531
TOWNSHIP SAND
7,500 Tonnes
am'
STORAGE SHED AT PIT
- C~ c
HAUL, MIX AND PILE AT
2.
531
THE TOWNSHIP PATROL
1,800 Tonnes
YARD
`7 aka
l - D C oz ;
G.S.T. No. 2--12 , V,:`1
P. S. T. $ I I 1 G--) 0 "
G. S. T. $ 3,--) 3')- 9 C
TOTAL TENDER AMOUNT $ -7U 6,5-G, "r c)
Signed at the of -:I- in the
County of
Signatu,,r'e of Contractor or
Witnesses and Position Held
this 19 day of _ I )rw 1 , 2009.
I gS 1C~F~~ {9(c~ ~9~~
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
2009.
9
AGREEMENT - TOWNSHIP OF ORO-MEDONTE
This Agreement made, in duplicate, this 19 day of CY~C~~f C~ 2009.
BETWEEN
LtA of the
in the
District or County of Si'
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 Director of Transportation and Environmental Services or his 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. PW2009 - 04 is to supply, haul and mix sand to the Township of Oro-Medonte in
quantities as per Form of Tender Contract No. PW2009 - 04. The Contractor will be required to
refill both sand storage buildings during the winter when notified by the Municipality.
10
The Contractor further agrees that he will deliver the whole of the works, completed in
accordance with the Agreement on or before the 30th day of October, 2009.
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
I1
,~§i-gna re of orporation
Seal f Corporation