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2010-192 Agreement Duivenvoorden Haulage Ltd.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -192 Being a By -Law to Authorize the Execution of an Agreement Between The Township of Oro - Medonte and Duivenvoorden Haulage Ltd. for Snow Removal for the Winter Seasons of 2009 -2010, 2010 -2011 and 2011 -2012 (Tender PW2009 -05) 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. CW 100421 -17, the successful bidder of Tender PW2009 -05 to be Duivenvoorden Haulage Ltd.; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. PW2009 -05, for the Winter Seasons of 2009 -2010, 2010 -2011 and 2011 -2012 for snow removal 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 -05 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 8 T " DAY OF DECEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE ayor, A. Cleft, J. bouolds Irwin TENDER FOR THE TOWNSHIP OF ORO- MEDONTE Township of Proud Heritage, Exciting Future CONTRACT NO. PW2009 - 05 TENDER FOR SNOW REMOVAL WINTER SEASONS OF 2009-2010, 2010 -2011 AND 2011 -2012 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. 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. The Contract route is indicated on the attached map. This route will consist of an approximate 5 to 5Y2 hour plowing time based on an average snowfall and Municipal staff will monitor this operation. This route will be plowed in sequence, according to written instruction provided by the Foreman. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. PW2009 - 05" 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 2 CONTRACT NO. PW2009 - 05 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. 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 - 05. 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 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. 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 NOTICE TO BIDDERS (cont'd.) 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 Director of Transportation and Environmental Services or Township Foreman. 8. The Contractor shall maintai n date, time, road location and upon request. The log shall Contract. a log of all work carried out for the Contract, specifying conditions, and shall make this available to the Township be submitted to the Township at the completion of the 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 15 th and continue until March 15 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 standb 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 $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. 14. The Contractor will be responsible for any damage to mailboxes, guiderails, signs or shoulder /sod damage and will be required to make all necessary repairs to the satisfaction of the Director of Transportation and Environmental Services or his designate. 0 NOTICE TO BIDDERS (cont'd.) 15. "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. 16. One unit will be required by the Township to be stationed in the Township of Oro - Medonte area. 17. 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. 00� Contractor Name Co tr ctor sign re 5 CONTRACT NO. PW2009 - 05 SPECIFICATIONS FOR TRUCK AND PLOW 1. The truck shall be a minimum of 25,400 kg GVWR tandem axle. 2. The truck shall be fully equipped as follows: (a) In compliance with the requirements of the Highway Traffic Act for the Province of Ontario, designating safety equipment, lights and applicable appurtenances for snow clearing/removal equipment; (b) Be in good mechanical and physical condition with an acceptable aesthetic appearance; (c) Display a valid truck certification inspection sticker for the applicable year of season commencement; (d) One -way snowplow and wing, all controlled hydraulically from the cab; (e) Sand hopper or two -way sandbox and spinner mounted on left side of the unit (optional). 3. Wingperson required where conditions dictate. If no wingperson is utilized, alternate additional specifications for equipment and cab must be met. Please specify on tender form and obtain specifications before submitting tender. 4. Contracted equipment will be outfitted with Township -owned two -way radios. Installation and removal of radios will be the responsibility of the Township. The Contractor shall make the unit available to the Township at a time convenient to the Township for this purpose. 5. Truck and equipment shall be inspected by the municipality prior to the start of each season and shall prove satisfactory to the Director of Transportation and Environmental Services or his designate. n CONTRACT NO. PW2009 — 05 SPECIFICATIONS FOR GRADER AND PLOW 1. Class 6 Motor Grader shall be an approved make and model. Motor horsepower to be not less than 180 h. p. diesel. 2. Motor Grader shall be fully equipped as follows: (a) In compliance with the requirements of the Highway Traffic Act for the Province of Ontario, designating safety equipment, lights and applicable appurtenances for snow clearing/removal equipment; (b) Be in good mechanical and physical condition with an acceptable aesthetic appearance; (c) Tire chains; (d) Spare tire and tube; (e) One -way snowplow and 13 foot wing, as specified in this Contract, all controlled hydraulically from the cab. 3. Only tenders on tandem driven motor graders will be accepted. 4. Provisions must be made for adequate fuel supply. 5. Contracted equipment will be outfitted with Township -owned two -way radios. Installation and removal of radios will be the responsibility of the Township. The Contractor shall make the unit available to the Township at a time convenient to the Township for this purpose. 7 CONTRACT NO. PW2009 — 05 SPECIFICATIONS FOR TRUCK AND PLOW /GRADER AND PLOW TENDER FORM To the Council of the Township of Oro - Medonte: I/We propose and agree to supply the specified equipment, fully equipped with one -way plow or two -way plow and wing conforming to the Specifications and Notice to Bidders prepared for the purpose of this tender, at the following unit prices: 2009 /2010 2010 /2011 Operating Time (Per Hour) (Snowplowing) f0 s. © //O.co Standby Time 30 o G.S.T. No.: �_q I T D F j MOTOR GRADER OR TRUCK 2011 /2012 MAKE: MOTOR H.P.: c-'?/ MODEL: 13, C f TIRES FRONT : /J,5 -- YEAR: �. TIRES (REAR): J , 5 - PLOW ONE- -WAY - MANDATORY MAKE: CONTROLS: ` MODEL: - 1 10 WIDTH: NOSE HEIGHT: " Mj CONTRACT NO. PW2009 — 05 TENDER FOR TRUCK AND PLOW /GRADER AND PLOW TENDER FORM WING MAKE: DEPTH: MODEL: Q - ' CONTROLS: 1 �` LENGTH: Corporation: Address: �N- 0,5 9 I i o 12- ( Represented By: \ t Phone Number: :]C� .. -- 4 (, � Date: QX .. I 0 AGREEMENT - TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this _Iq day of mncch 2009. BETWEEN of the f �� L) 6 n in the District or County of 'A i earns 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 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 Director of Transportation and Environmental Services or his Representative. 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 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 Sig ture of h C erk I �,ZL Signature of th ayor with Seal Sign ure f Cop ration Se of Corporation 11 Y12 SASS LAKE 1 �1, oVA1,., W r W6?- 61� "ao1a�tol�nll 4 t r � 0 Lake Slmcoe