2011-191 Agreement for Snow Plowing - Woodrowf
11 t UT
Being By-Law to Authorize the 3 i j. u t i o of an Agreement Between
the Township ,y' Oro-Medonte and Kevin Woodrow
For < Snow Plowing ding Bass Lake Sideroad A
Winter Seasons 2011-2012, 2012-2013 and 2013-2014 (Tender TES2011-06)
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. Motion No. C111123 -16, the successful bidder of Tender TES2011 -06 to
be Kevin Woodrow;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2011 -06, for Snow Plowing and Sanding Bass Lake Sideroad Area, Winter
Seasons 2011 -2012, 2012 -2013 and 2013 -2014, with Kevin Woodrow;
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 -06 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 ♦ SECOND AND THIRD AND PASSED f DAY
OF DECEMBER, 0 A
Schedule " "A" 'to By -Law No. „2011 -191
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
(WGZ&t&iff.,.ez
Proud Heritage, Exciting Future
CONTRACT NO. TES2011- 06
TENDER FOR SNOW PLOWING AND SANDING
BASS LAKE SIDE ROAD AREA
WINTER SEASONS OF
2011-2012 AND 2013 -2014
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
TENDER CLOSING DATE IS 9 :00 A.M. ON WEDNESDAY, NOVEMBER 2, 2011
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Wednesday November 2, 2011, at
NOON.
This tender is general in nature. The actual works to be done, or materials purchased, will be
administered by the Director, 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. TES2011 - 06"
and addressed to Jerry Ball, Director, Transportation and Environmental Services, Township of
Oro - Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be
delivered to the Director, Transportation and Environmental Services Department, 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, Transportation and Environmental Services
Township of Oro - Medonte
Telephone: (705) 487 -2171
Vj
CONTRACT NO. TES2011- 06
NOTICE TO BIDDERS
1. Workplace Safety and Insurance
I. 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 shall indemnify and save harmless the Corporation in respect to all
charges, costs, expenses and claims, whatsoever, in connection with this Contract No.
TES2011— 06.
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. Mixed sand /salt will be supplied by the Township, including equipment for loading
purposes.
4. The Contract route is indicated on the attached maps. These routes will be monitored by
Municipal staff for a timely snow removal.
5. The Contractor is to bid on the supply of equipment and operator. Equipment must
conform approximately to the specifications prepared for the rental of each unit.
6. The Township reserves the right to terminate this Contract at the end of each session, or
as decided by the Township.
7. The Contractor shall maintain a log of all work carried out for the Contract, specifying
date, time, road location and conditions, and shall make this available to the Township
upon request. The log shall be submitted to the Township at the completion of the
Contract.
S. 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.
9. Standby time on all plow equipment will commence on November 15 and continue until
March 31 or longer, should conditions warrant retention in the opinion of the Township
of Oro- Medonte.
NOTE. Standby time payable by the Township for each day from November le to March
31�Operating time will be paid for actual time work that has been approved by the area
Foreman.
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NOTICE TO BIDDERS (cont'd.)
10. 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.
11. No payment will be made for standing time when any unit is broken down and unable to
operate.
12. Payment by the Township will be as soon as possible after submission of monthly rentals
from the Contractor.
13. 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 his Representative.
14. One unit will be required by the Township to be stationed in the Township of Oro -
Medonte area.
15. Please note that this tender will be awarded on the tendered amount. Payment will be
made on the unit price tendered.
16. This "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.
17. If the tendered amount is in excess of the budgeted amount and varies by more than 206,
the Township reserves the right to reduce quantities to match budget amount without
notice or re- tender.
18. All work is to be performed under the supervision of the Director of Transportation and
Environmental Services or his Representative.
19. 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 its
procurement process, consider the accessibility for persons with disabilities to
such goods or services.
Signature of Contractor
C!
TENDERING REQUIREMENTS
Tender Deposit
On all plowing equipment tendered upon, a certified cheque made payable to the Township of
Oro - Medonte 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, af 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 will be returned within fourteen (14)
days of tender opening.
Tenders not accompanied by a certified cheque will not be considered.
Basis for Reiection of Tender
Tenders may be rejected for any one 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 Safety
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.
ii. 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 on -going 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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Occupational Health and Safety (cont'd.)
A 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
vii. _ 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.
Liabilitv 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.
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.
D
CONTRACT NO. TES2011- 06
.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. Wing - person required where conditions dictate. If no wing - person 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.
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CONTRACT NO. TES2011 -06
SPECIFICATIONS FOR TRUCK AND PLOW
TENDER FOR SNOW PLOWING AND SANDING
11VVe propose and agree to supply the specified equipment fully equipped with one -way plow,
wing and sand hopper, or two -way sandbox and spinner, conforming to the specifications and
Notice to Bidders prepared for the purpose of this tender, at the following unit prices:
H.S.T. No. l3 ,Z� j 5� 71 79 9"T I
PLOWS
ONE -WAY MANDATORY
MAKE:
201112012
201212013
201312014
Operating Time (Per Hour)'
b ` 0
3 .- ' y z '
(SNOW PLOWING)
(Includes H.S.T.)
Operating Time (Per Hour)
73
(SANDING)
(Includes H.S.T.)
Standby Time
®•
0 5-0, 00
S -a 0 0
H.S.T. No. l3 ,Z� j 5� 71 79 9"T I
PLOWS
ONE -WAY MANDATORY
MAKE:
CONTROLS: r I t .
MODEL: -
WIDTH:
NOSE HEIGHT:
0
CONTRACT NO. TES2011 -06
SPECIFICATIONS FOR TRUCK AND PLOW
TENDER FOR SNOW PLOWING AND SANDING
WING
MAKE: DEPTH:
MODEL: CONTROLS:
LENGTH:
Corporation:
Address: �Ccc L f I y — NordH
k C��k
(�Oa
Represented By:
Phone Number: % U S X / S
Date: KI O U e. m L &- f- ,--a ca ! /
0
AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this day of 2011.
BETWEEN:
District or County of
and the Province of Ontario;
Hereinafter called the "Contractor"
of the
in the
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, 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.
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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.
&� - � za& �/
Signature of Contractor, or
Sig ture ft a lerk
Signature of Me M yor
with Seal
Signature of Corporation
Seal of Corporation
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