2010-106 Agreement for "Dark Journal" Virgin OilBy -Law No. 2010 -106
Being 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 TES2010 -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. C100324 -10, the successful bidder of Tender TES2010 -03 to
be Da -Lee Dust Control.
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2010 -03, for "Dark Journal" Virgin Oil, with Da -Lee Dust Control;
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. TES2010 -03 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, SECOND AND THIRD TIME, AND PASSED THIS 23""
DAY OF 1 1
Schedule "A" to By- lair - - No. 2010 -106
197UNSIMININM
I' ' •' / •
(Lowest or any tender not necessarily accepted)
I enders will be opened at the Administration Centre on Friday, March 19, 2010 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. TES2010 — 03"
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
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•` I / U
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 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.
TE S2010 — 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 201,
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 Director of Transportation and
Environmental Services or his Representative.
6. 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 ite
procurement process, consider the accessibility for persons with disabilities to
such goods or services.
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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 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 Safet
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 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.
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d I US-01 oiuoriaini -o�n rinunc - i n i _, � _cn
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
A. 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, $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.
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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.
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:
June 18, 2010
(To be completed by Municipality)
BY. Name of Firm or Individual (Hereinafter referred
to as the "Contractor ")
v 5__(,L� t ( 3 Telephone No.
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0 iL{Su c a:�uopaVV ofJVJdOS: �6:O t-- Z6 -t,,O
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, 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 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 loading 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.
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CONTRACT NO. TES2010 — 03
TENDER FOR "DARK JOURNAL" VIRGIN OIL
Schedule of unit prices attached to and forming part of the tender for Contract No. TES2010 - 03
ITEM
SPEC.
DESCRIPTIOff
;,: UNIT
ESTIMATED.
UNIT ;; :
TOTAL
NO.
NO..
OFITEM" .`
QUANTITIES.
:PRICE`
1,
Dark Journal
Litres
138,528
$ 0, 90
Virgin Oil
G.S.T. No. C 6 � 3 6 1 445
P.S.T. $ Nor hp� ((4&c
G.S.T.
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 _ CA `rte- of _ � T CDs Lz -j C egf�'L. y` in the
County of IA /` W L:T :,V-� this day of M ky t CAA , 2010.
'r
Signatur of Contractor or Signature of the Corpor o
Witnes es and Position Held Seal of Corporation
Name and Telephone No. of Person
To be Contacted for Ordering Supply
AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this day of
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-
2010.
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 al! 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 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 Director of Transportation and Environmental Services or his
Representative.
E
The Contractor further agrees that he will deliver the whole of the works, completed in
accordance with this Agreement on or before the 18 day of June, 2010
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
Sigfiature'oflh'e Clerk
S ayor
with Seal
Signature of Corporation
Seal of Corporation
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