2011-057 Agreement Dalton R. Lowe and SonsTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
By -Law No. 2011 -057
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 Supply, Haul, Mix and Pile Winter Sand (Tender TES2011 -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. C1 10323-16, the successful bidder of Tender TES2011 -04 to
be Dalton R. Lowe and Sons Construction Ltd.;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2011 -04 for supply, haul, mix and pile winter sand;
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. TES2011 -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 13
DAY OF APRIL, 2011.
TION,OF THE TOWNSHIP OF ORO- MEDONTE
aydr, H.SY Hugf$es
Clerk. J.Aod"albs Irwin
Schedule, "A" to By -Law No. 2011 -057
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:
w 0e,j �� 'tom `� Iyte ?i ke( c wod_V'S r
(To be completed by Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by:
October 28, 2011
(To be completed by Municipality)
BY: Name of Firm or Individual (Hereinafter referred
r•h Carl y zk, ( X -r 0 to as the "Contractor")
S ft_11fE
�M SO Address
Name of Person Signing for Firm ( Signature )
g g
ays
au ;� -rra2 �w sk a-ii �c oFf) c oL Office of Person Signing for Firm
- 1 C6 -- 4Q 0 - 35 Telephone No. PoActoo Wr,,b CuaA
irosaa+jK� cortnai
6 Y
sue. ate M, ,)eeL
r InfI CPAT,S
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
Should the Contract require payment by the tonne, the method of weighing materials for
payment shall conform to the requirements of OPSS Form 102.
(b) 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.
IDPOL1 �Z L we A,40
Name of Person Signing for Firm OfficLz:40 Signature
FORM 1 - SOUTH YARD
� r
$ NQ LOIJOCYL 0-PP L"
w
TOTAL TENDER AMOUNT $
Signed at the — 71& ('J'.lS P of C u w Jr &J in the
County of Si u eon thi day of MP4CH , 2011,
DPv U - a) ' -4 C
Signature of Contractor or (_0 je
Witnesses and Position Held
- �4� 0 3 (-h G,q-WA�f 2(�, r, 0X
- a( '3G)
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 N a'A
�% , 2011.
1
SPEC.
TENDER
ITEM
DESCRIPTION
ESTIMATED
UNIT
TOTAL
NO.;
O UAnIr ITY
PRICE
HAUL AND MIX TO
1.
531
TOWNSHIP PATROL YARD
3,800 Tonnes
HAUL, MIX" AND PILE IN
'J `
2+
531
TOWNSHIP SAND
9,000 Tonnes
-
534-(:�,O . 0
STORAGE SHED
� r
$ NQ LOIJOCYL 0-PP L"
w
TOTAL TENDER AMOUNT $
Signed at the — 71& ('J'.lS P of C u w Jr &J in the
County of Si u eon thi day of MP4CH , 2011,
DPv U - a) ' -4 C
Signature of Contractor or (_0 je
Witnesses and Position Held
- �4� 0 3 (-h G,q-WA�f 2(�, r, 0X
- a( '3G)
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 N a'A
�% , 2011.
1
s,
any
No. 1 3 66b(- 1'. (o i
.G.-9DT.
$ DO (DA46Z a 01212 ', L
h(ST
TOTAL TENDER AMOUNT $ - 1 1
Signed at the ' f7 W, , - h P of C( agf- L/i e1 in the
County of ��► M C U� this I ( -J IN day of /Vl ll2 c. i- , 2011,
C, t.E}t,�� fVO SUh�
C�0 ►� s S� cap �,J c: - r�-1
Signature of Contractor or (SLR ��-J�
Witnesses and Position Held a/uZsL' - 0 st (�>
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
10
SPEC.
TENDER
ITEM
D ES CR IPTIO N
ESTIMA
Un►lr
TOTAL
NO:
Q UA NT I T Y
PRICE
HAUL, MIX AND PILE IN
1.
531
TOWNSHIP SAND
7,500 Tonnes
STORAGE SHED AT PIT
HAUL, MIX AND PILE AT
2.
531
THE TOWNSHIP PATROL
1,300 Tonnes
YARD
No. 1 3 66b(- 1'. (o i
.G.-9DT.
$ DO (DA46Z a 01212 ', L
h(ST
TOTAL TENDER AMOUNT $ - 1 1
Signed at the ' f7 W, , - h P of C( agf- L/i e1 in the
County of ��► M C U� this I ( -J IN day of /Vl ll2 c. i- , 2011,
C, t.E}t,�� fVO SUh�
C�0 ►� s S� cap �,J c: - r�-1
Signature of Contractor or (SLR ��-J�
Witnesses and Position Held a/uZsL' - 0 st (�>
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
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 atur oft Clerk
S g a ure of &e M yor
with Seal
(� 12 �
Signature of Corporation 606 uowt+�
Seal of Corporation (ft Lt ; H . SIGJI -j &
Q►= -tC,l(L)
12
F- TeIV4
This Agreement made, in duplicate, this C t - N day of MA P-G -I 2011.
Lffia a,f 2. l OWE, RfJQ 6000 - i (2uc -- no , j c gto of the
TnuWSrhP OF C!41CVt((J in the
District or County of 5 M c o6
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. TES2011 - 04 is to supply, haul and mix sand to the Township of Oro - Medonte in
quantities as per Form of Tender Contract No. TES2011 - 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.
The Contractor further agrees that he will deliver the whole of the works, completed in
accordance with this Agreement on or before the 28 day of October, 2011
11