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2010-191 Agreement - Ron Burton and SonsTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2010-191 Being a By-Law to Authorize the Execution of an Agreement Between The Township of Oro-Medonte and 1588429 Ontario Limited, O/A Ron Burton & Sons for Snow Plowing and Sanding for the Winter Seasons of 2010-2011, 2011-2012 and 2012-2013 (Bass Lake Area) (Tender TES2010-09) 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. CW101013-16, the successful bidder of Tender TES2010-09 to be 1588429 Ontario Limited, O/A Ron Burton & Sons; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010-09, for the Winter Seasons of 2010-2011, 2011-2012 and 2012-2013 for Snow Plowing and Sanding (Bass Lake Area) with 1588429 Ontario Limited, O/A Ron Burton & Sons; 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. TES2010-09 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 8T" DAY OF DECEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, SvHu#1' u es a7 V, J. Do gl s rwr Schedule "A" to By-Law No. 2010-191 CONTRACT NO. TES2010-09 SPECIFICATIONS FOR TRUCK AND PLOW QUOTATION FOR SNOWPLOWING AND SANDING 11We propose and agree to supply the specified equipment fully equipped with a one-way plow, and a small sand unit with spinner, conforming to the specifications and Notice to Bidders prepared for the purpose of this quotation, at the following unit prices: NOTE: Sanding is optional Operating Time (Per Hour) (SNOWPLOWING) (Includes G.&T-.&T /-/-S'T Operating Time (Per Hour) (SANDING (Includes Gjz-T 2010/2011 2011/2012 2012/2013 $ 71.19 $ 71.19 $ 84.75 ~T $ 79.10 ( OPERATING TIME(PER HOUR) an OPERATING G.S.T. NO. 861911477RT0001 PLOWS ONE-WAY- MANDATORY $ 71.19 $ 84.75 $ 84.75 $ 79.10 $ 79.10 MAKE. MEYER CONTROLS: IN CAB/HYDRAULIC MODEL: LOT PRO WIDTH: 91 NOSE HEIGHT: 2 8" 8 CONTRACT NO. TES2010-09 SPECIFICATIONS FOR TRUCK AND PLOW QUOTATION FOR SNOW PLOWING AND SANDING SAND UNIT WITH SPINNER MAKE. FISHER DEPTH. 3.5 ' MODEL: SLIP IN SANDER CONTROLS: IN CAB/HYDRAULIC-ELECTRIC LENGTH: 8 ' 1588429 ONTARIO LIMITED 0/A Corporation: RON BURTON & SONS Address: 8 GEORGIAN DRIVE WARMINSTER, ON LOK 2G0 Represented By: ADAM R. BURTON - VICE PRESIDENT Phone Number: (705) 325-3655 Date: September 27th,2010 AGREEMENT TOWNSHIP OF ORO-MEDONTE This Agreement made, in duplicate, this 27th day of September 2010. BETWEEN: 1588429 ONTARIO LIMITED 0/A RON BURTON & SONS of the VILLAGE OF WARMINSTER in the District or County of SIMCOE 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 quotation 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 quotation thereof, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the quotation, 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. 10 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 quotation. 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 Signature of Corporation Seal of Corporation ADAM R. BURTON VICE PRESIDENT (I HAVE THE AUTHORITY TO BIND THE CORPORATION) S' natur o ' e Cler Sig ture of th /Mayor with Seal 11 11. One unit will be required by the Township to be stationed in the Township of Oro-Medonte area. 12. Please note that this quotation will be awarded on the quoted amount. Payment will be made on the unit price quoted. 13. This "Notice to Bidders" must be signed by the Contractor and submitted with his quotation as an indication that the terms contained therein are acceptable to him. 14. If the quoted 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-quotation. 15. All work is to be performed under the supervision of the Director of Transportation and Environmental Services or his Representative. 16. Accessibility for Ontarians with Disabilities: i. The bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2009, 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, 2009, the Township of Oro-Medonte must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services. Sig lature of Con ractor 4