2010-107 Agreement for Supply, Haul, Mix, Pile Winter SandBy -Law No. 2010 -107
Being a By -Law to Authorize the Execution of an Agreement Between
The Township of Oro - Medonte and Dalton R. Lowe and Sons Construction Ltd.
for the Supply, Haul, Mix and Pile of Winter Sand (Tender TES2010 -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. C100324 -11, the successful bidder of Tender TES2010 -04 to
be Dalton R. Lowe and Sons Construction Ltd.;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2010 -04, for the supply, haul, mix and pile of winter sand, with Dalton R. Lowe
and Sons Construction Ltd.;
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 -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, SECOND AND THIRD TIME, AND PASSED THIS 23 RD
DAY OF 1 1
H.S. Wughes
G7R57! IM 1E9.°f.
Schedule "A" toBy -law No. 2010 -107
TENDER FOR CONTRACT NO. TES2010 - 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:
i
(To be completed by Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by.
October 29, 2010
(To be completed by Municipality)
BY. 1 D : > - Name of Firm or Individual (Hereinafter referred
( + to as the "Contractor ")
Address
Name of Person Signing for Firm (Signature)
Office of Person Signing for Firm
Telephone No.
GJ C: \ t 1 e v n al (
6�� t�� Y`
e c i=CLL
64; ihS�ar � 'c c , r" A
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.
7
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
1 cubic yard = 0.764 cubic metres
1 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 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 (the Contractor) have reviewed the above and understand the procedures implied.
- -- --
An()
Name of Person Signing for Firm Signa ure
Fool
TENDER FOR WINTER SAND
FORM 1- SOUTH YARD
G.S.T. No.
P.S.T. $ e). e e,
G.S.T. $ J9 . L . `
TOTAL TENDER AMOUNT $ e 5 b - (L4 - , - ) �
Signed at the / OW sl-h t of ��'�� in the
County of -SI M Cc`'i�% this {� day of ��6 t-I , 2010.
LY-�'(, i� r.l � � c�v�Ji �.I
Signarre of Contractor or
Witnesses and Position Held
(fw (-ia c� J k2< g0 , S IlY1`1� , Cam( " (- r4Iso h 0c -claa�o
t3 s)
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 , 2010.
M
SPEC
TENDED
lTE1V1
DESCRIPTION
'ESTIMATED
UNIT
TQTAL
NO.,_
_ QUANTITY
PRICE
1.
531
HAUL AND MIX TO
TOWNSHIP PATROL YARD
3,800 Tonnes
_
�'Lj'Oo
HAUL, MIX AND PILE IN
2.
531
TOWNSHIP SAND
9,000 Tonnes
594
j J 4a) I?`
STORAGE SHED
G.S.T. No.
P.S.T. $ e). e e,
G.S.T. $ J9 . L . `
TOTAL TENDER AMOUNT $ e 5 b - (L4 - , - ) �
Signed at the / OW sl-h t of ��'�� in the
County of -SI M Cc`'i�% this {� day of ��6 t-I , 2010.
LY-�'(, i� r.l � � c�v�Ji �.I
Signarre of Contractor or
Witnesses and Position Held
(fw (-ia c� J k2< g0 , S IlY1`1� , Cam( " (- r4Iso h 0c -claa�o
t3 s)
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 , 2010.
M
FORM2 N ORTH YARD
G.S.T. No. 1 ?L 43q
.10
P.S.T. $ r 13 S
G.S.T. $ ,-3 l ND OO
TOTAL TENDER AMOUNT $ _ � 8 'b
Signed at the I od rJ t h of in the
County of Gi (Y1 C. this l 6A k day of rY )(+k6' i -1 , 2010.
�f l`_� � I,JU�� �1YJD SC_.�.JS CC�•JS I�.t.t.C- t1C� l.iY�
r
Signature of Contractor or ( 6C)6 rNuTi . S t ra rJ C,
Witnesses and Position Held ��"�► ��'n
1&0 6 L"Je
Name, Address and Telephone No, of Person (_(2.n G2c" v 5
To be Contacted Regarding Information and/or
Performance of the Contract
Tender accepted by Resolution of Council on _
2010.
10
SPEC,:
}
TENDER
ITEM
DESCRIPTION . , .
.
UNIT
TOTAL
.
N4::
QUANTITY
PRICE
HAUL, MIX AND PILE IN
1.
531
TOWNSHIP SAND
7,500 Tonnes
St 300. °
STORAGE SHED AT PIT
HAUL, MIX AND PILE AT
/0.
2.
531
THE TOWNSHIP PATROL
1,800 Tonnes
- CID
YARD
G.S.T. No. 1 ?L 43q
.10
P.S.T. $ r 13 S
G.S.T. $ ,-3 l ND OO
TOTAL TENDER AMOUNT $ _ � 8 'b
Signed at the I od rJ t h of in the
County of Gi (Y1 C. this l 6A k day of rY )(+k6' i -1 , 2010.
�f l`_� � I,JU�� �1YJD SC_.�.JS CC�•JS I�.t.t.C- t1C� l.iY�
r
Signature of Contractor or ( 6C)6 rNuTi . S t ra rJ C,
Witnesses and Position Held ��"�► ��'n
1&0 6 L"Je
Name, Address and Telephone No, of Person (_(2.n G2c" v 5
To be Contacted Regarding Information and/or
Performance of the Contract
Tender accepted by Resolution of Council on _
2010.
10
lEd
This Agreement made, in duplicate, this (?An day of C E-I 2010.
'►
E r� � �- 5 c 0;.3 L-70- of the
,F ( L-jt (S in the
District or County of S 1 ,T ( CMG
and the Province of Ontario;
Hereinafter called the "Contractor"
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Hereinafter called the "Municipality"
,:. ,. . y ,
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. TES2010 - 04 is to supply, haul and mix sand to the Township of Oro - Medonte in
quantities as per Form of Tender Contract No. TES2010 - 04. These quantities could vary
depending on the amount of sand left at the end of the winter season. The Contractor will be
required to refill both sand storage buildings during the winter when notified by the
Municipality.
11
The Contractor further agrees that he will deliver the whole of the works, completed in
accordance with this Agreement on or before the 29 day of October, 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
12
Signature of Corporation
Seal of Corporation
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