2012-081 Agreement - Dalton R. Lows and Sons ConstructionTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
By -Law No. 2012 -081
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 No. TES2012 -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. C120328 -18, the successful bidder of Tender No. TES2012 -04
to be Dalton R. Lowe and Sons Construction Ltd.;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2012 -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. TES2012 -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 11TH
DAY OF APRIL, 2012.
THE �GGRPORATION OF TIE TOWNSHIP OF ORO- MEDONTE
Deputy Mayor, R
Irwin
Schedule "A" to By -law no. 2012 -081
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
CONTRACT NO. TES2012 -- 04
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THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
TENDER CLOSING DATE IS 910 A.M. ON MONDAY, MARCH 19, 2012
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Monday, March 19, 2012 at 9:80 a.m.
This tender is general in nature, except that separate Forms 1 and 2 will be used 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.
Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2012 04"
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, 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
TENDER FOR SOUTH YARD:
TENDER FOR NORTH YARD:
SOUTH YARD LOCATIONS:
NORTH YARD LOCATIONS:
f) Patrol Yard Lot 16, Concession 14 (Oro)
2) Sand Storage Shed - Lot 11, Concession 7 (Oro)
1) Patrol Yard - Lot 16, Concession 9 (Medonte)
2) Sand Storage Shed - Lot 7, Concession 7 (Medonte)
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CONTRACT NO. TES2012 — 04
NOTICE TO BIDDERS:
1. Workplace Safety and Insurance.
i. The Contractor shall provide the Township with s Ciearance 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 must also supply the Township of Oro - Medonte with a copy of a Traffic
Protection Plan, in accordance with Book V.
The Contractor shall indemnify and save harmless the Corporation in respect to ail
charges, costs, expenses and claims, whatsoever, in connection with this Contract No.
TES2012 - 04.
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. The Contractor shall provide proof of "Surface Miner" training for all their employees who
will perform work for this Contract.
4. The Contractor will complete and forward a "Notice of Mining Activities" to the Ontario
Ministry of Labour, in accordance with Section 5(3)(c) of Ontario Regulation #854.
S. Please note that this tender will be awarded on the tendered amount. Payment will be
made on the unit price tendered.
6. If the tendered amount is in excess of the budgeted amount and varies by more _than 205vo,
the Township reserves the right to reduce quantities to match budget amount without
notice or re- tender.
7. All work is to be performed under the supervision of the Director of Transportation and
Environmental Services or his Representative,
8. Accessibility for Ontarians with Disabilities:
i. The bidder shall comply with the provisions of the Accessibility for Ontarlans 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.
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TENDERING REQUIREMENTS
Tender Deposit:
A certified cheque made payable to the Township of Oro - Medonte for 10% : of the total bid or
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 cheque or Letter of Credit of unsuccessful bidders will be returned within fourteen (14) days
of tender opening. The cheque or Letter of Credit of the successful bidder will be retained until
the Municipality's acceptance of the work.
Tenders not accompanied by a certified cheque or Letter of Credit 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;
) Incomplete bids (all items not bid);
e) Qualified or conditional bids
fi Bids not properly signed and sealed.
*EACH NOW R MUST :COMPLETE THE TWO =PAGE "AGREEMBNT" PORTtOIV LOCATED AT THE
END, OF TH/S `TENDER*
Occupational Health and Safefy:
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. a 1) and regulations, made under that
statute
fl. 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.
ill. 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 ongoing 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 tcont'd.):
V1. 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.
Liability 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.
TENDER FOR CONTRACT NO. TES2012 -- 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 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, speciflcadons 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 ,TOWNS ,HIP OF. Of�O=lf� llfi'E SHALL..DEDUCT 10'16 OFF OF THE TOTAL TENDER
iri s�wr'w r.w�..-.�:.y die ■ .r'c:.r..irrr.� ��.? ...�..:�'..�.:�.� ,. _:, --- -- ",. .,
We (the Contractor) promise to commence work on:
(To be cor pleted by ontractor) -4 Eni,- roAw e,a &j Serec es
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by
ter,: 2112
(To be completed by Municipality)
pPh,Urc P- LOL.se, erADZoms
BY: CC)AS YL g—noj L,�o. Name of Firm or Individual (Hereinafter referred
—14b3 rh &WOAK ac.I r-sO x -i o to as the "Contractor ")
Si14-t,J YC �C !
Wtq(so Address
C � - Name of Person Signing for (Signature)
GO g _9► Firm (Si g ej
_au-TdFo2cz.e0 S Office of Person Signing for Firm
Teleptrone No.-
6
GENERAL CONDITIONS
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, partnership or corporation as may
be authorized by the Council to act on their behalf, in any particular capacity.
Welghinct
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.
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MEASUREMENT FOR PAYMENT
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 tabour,
equipment and materials necessary to complete the work to the satisfaction of the Director of
Transportation and Environmental Services or his Representative.
Il a (the Contractor) have reviewed the above and understand the procedures implied.
"COt'ISriYU- 6� LW - (g,<
Pte.. 606 s tr.A
Name of Person Signing for FirmO�i< c:, lk) Signature
8
CONTRACT NO. TES2012 - 04
TENDER FOR WINTER SAND
FORM 1. = SOUTH YARD
HAUL AND MIX TO
1. 531 TOWNSHIP PATROL YARD 3 800 Tonnes Sb 10(,00
HAUL, MIX AND PILE IN
2. 531 TOWNSHIP SAND 9,000 Tonnes (2, Oq 6Z+Slfl .00
STORAGE SHED
G.S.TJH.S.T No. l 3ci ft e) 434 �1T t
G.S.TJH.S.T $ 10614 1
TOTAL TENDER AMOUNT $ 61139),14
Signed at the -rc'9L,3 45: iiP of GIeplaL) GLIJ in the
County of St M c, a--, this `'- day of foraCA4
. 2012.
MTD,. / -, �,{�}.c�„/ c fro C-Dr,JS
per;.
Signature of Contractor or 130,5 iO-x Witnesses and Position Held C6wc � 6 cJ t -1 G 0 t Colt)
8D e> Lou a
'1Lio`3 rhv�pm ate) &3)clo , ST -0-tr j Xz,-C . UDW&o
-qo5- 4 ;L4- 2(03
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 2012.
9
CONTRACT NO. TES2012 - 04
TENDER FOR WINTER SAND
FORM -NORM YARD
HAUL, MIX AND PILE IN
1. 531 TOWNSHIP SAND 7,500 Tonnes ci ci qas °D
STORAGE SHED `ATPIT
HAUL, MIX AND PILE AT l �S �� r�
Z 531 THE TOWNSHIP PATROL 1,800 Tonnes
YARD
G. S. T.IH. S T. No. ( 3616(x64,34+ k-F000
G.S.TJN:S. T. $ 54D.q t
TOTAL TENDER AMOUNT $ -134S-7.9,
Signed at the -1-4 0 rA SH f of CAA W- c 1J in the
County of S1 fAC 0 E this t44, day of R 69G H 2012.
K, c.00e, fW0 ! co05
G�s'714.t- cz��„1 cza
Signature of Contractor or 806 Low
Witnesses and Position Held Aclar)
t7h6t -Q PAL( ac.
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 .2012.
10
AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this day of YY1 U -oH 2012.
BETWEEN
t- v of the
-1-QQr3 ,? QC- CQ -Ak-� (-L4 oF &MwOCK-) in the
District or County of Q NAco8
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
WITNIESSETH 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. TES2012 04 is to supply, haul and mix sand to the Township of Oro- iVledonte in
quantities as per Form of Tender Contract No. TES2012 - 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 26th day of October, 2012:
11
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 workperformed, 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.
2 - _NJD S0,13S
Signature of Contractor, or Signature of Corporation 6C6 i c' Wi. ,
Seal of Corporation (,tea
Sl�rJa.t.�6 �r �cc-PO
S
,i 6atur of a Glerk
Signature of tb Mayor
with Seal
12