05 08 2013 Council AgendaPage
THE TOWNSHIP OF ORO- MEDONTE
1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION:
2. ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
3. DISCLOSURE OF PECUNIARY INTEREST:
4.
COUNCIL MEETING AGENDA
��.
COUNCIL CHAMBERS
Township o1�`
Wednesday, May 8, 2013
A-mid Heritage, Exciting Frarure
5:30 p.m. - Closed Session
d)
7:00 p.m. - Open Session
1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION:
2. ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
3. DISCLOSURE OF PECUNIARY INTEREST:
4.
CLOSED SESSION ITEMS:
a)
Motion to go In Closed Session.
b)
Motion to Rise and Report.
c)
Robin Dunn, CAO, re: Solicitor - client privilege (Waste Water Servicing).
d)
Robin Dunn, CAO, re: Solicitor - client privilege (Horseshoe Valley /Skyline
SBR).
e)
Robin Dunn, CAO re: Personal matters about an identifiable individual (Fire &
Emergency Services).
5.
MINUTES OF COUNCIL AND COMMITTEES:
5 -20 a)
Minutes of Council meeting held on Wednesday, May 1, 2013.
6.
RECOGNITION OF ACHIEVEMENTS:
21 a)
Teresa Falconi, Development Services Assistant, re: Successful Completion
of Community Planning and Zoning Administration, Ontario Building Officials
Association.
22 b)
Oro - Medonte Fire and Emergency Services and John Wigle, Fire Prevention,
Life and Safety Educator, re: Note of Appreciation (excerpt from Wolf Steel
Corporate Newsletter, April 2013).
7.
PUBLIC MEETINGS:
None.
8. DEPUTATIONS:
None.
9. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF
INTEREST:
Page 1 of 211
Council Meeting Agenda - May 8, 2013.
Page
10.
REPORTS OF MUNICIPAL OFFICERS:
23 -24 a)
Jerry Ball, Director of Transportation and Environmental Services re: Hydro
Line Relocation, Line 4 North [deferred from the May 1, 2013 meeting].
25 -27 b)
Report No. DS2013 -27, Andria Leigh, Director of Development Services
re: Building Permit 1st Quarter Statistics.
28 -31 c)
Report No. DS2013 -28, Andria Leigh, Director of Development Services
re: Site Plan Agreement with Democrat Maplewood Limited, 2013 - SPA -09
(Plan M -957, Lot 1) [Refer to Items 15j) and k).
11.
REPORTS OF MEMBERS OF COUNCIL:
None.
12.
CONSENT AGENDA:
32 -34 a)
Announcements of Interest to the Public
• Cycling Open House, Township Administration Centre, Tuesday, May
14th from 5:OOpm - 8:OOpm and Wednesday, May 15th from 9:OOam -
12:00pm.
• Victoria Day Office Closure, Monday, May 20, 2013.
• Emergency Preparedness Week Pancake Breakfast, Oro - Medonte
Community Fire Halls, Saturday, May 11, 2013, 9:OOam- 12:OOpm
35 -41 b)
Minutes of Nottawasaga Valley Conservation Authority meeting held on March
22, 2013.
Staff Recommendation: Receive.
42 -49 c)
Minutes of Lake Simcoe Region Conservation Authority meeting held on
March 22, 2013.
Staff Recommendation: Receive.
13.
COMMUNICATIONS:
50 -54 a)
Correspondence received April 29, 2013 from Lake Simcoe Region
Conservation Authority re: 25th Annual Conservation Dinner, Wednesday,
June 5, 2013, 6:00 p.m., The Manor at Carrying Place Golf and Country Club,
16750 Weston Road, Unit A, King.
55 b)
Correspondence dated April 29, 2013 from Cal Madill, Chairman, International
Plowing Match (IPM) 2014 - Simcoe County re: IPM, Saturday, June 1, 2013.
14.
NOTICE OF MOTIONS:
None.
15. BY -LAWS:
56 -73 a) By -Law No. 2013 -068 A By -Law to Authorize the Execution of an
Agreement Between the Township of Oro - Medonte
and Duncor Enterprises Inc., for Slurry Seal (Tender
TES2013 -01).
Page 2 of 211
Council Meeting Agenda - May 8, 2013.
Page
15. BY -LAWS:
74 -87 b) By -Law No. 2013 -069
A By -Law to Authorize the Execution of an
Agreement Between the Township of Oro - Medonte
and K.J. Beamish Construction Co. Ltd. for Hot Mix
Paving (Tender TES2013 -02).
88 -98 c) By -Law No. 2013 -070
A By -Law to Authorize the Execution of an
Agreement Between the Township of Oro - Medonte
and Da -Lee Dust Control for "Dark Journal" Virgin
Oil (Tender TES2013 -03).
99 -112 d) By -Law No. 2013 -071
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
Supplying, Hauling, Mixing and Piling of Winter
Sand (Tender TES2013 -04).
113 -125 e) By -Law No. 2013 -072
A By -Law to Authorize the Execution of an
Agreement Between the Township of Oro - Medonte
and Ron Burton & Sons for Roadside Grass Cutting
and Pumphouse Facilities, Summer Seasons of
2013/2014/2015 (Tender TES2013 -05).
126 -139 f) By -Law No. 2013 -073
A By -Law to Authorize the Execution of an
Agreement Between the Township of Oro - Medonte
and Woodrow Family Farms for Roadside Grass
Cutting, Community Tile Beds, Summer Seasons of
2013/2014/2015 (Tender TES2013 -05).
140 -153 g) By -Law No. 2013 -074
A By -Law to Authorize the Execution of an
Agreement Between the Township of Oro - Medonte
and Ron Burton & Sons for Snow Removal, Bass
Lake Area, 3 Year Contract (Tender TES2013 -06).
154 -168 h) By -Law No. 2013 -075
A By -Law to Authorize the Execution of an
Agreement Between the Township of Oro - Medonte
and Woodrow Family Farms for Snow Removal,
Sugarbush Areas, 3 Year Contract with Option to
Extend for an Additional Three Years (Tender
TES2013 -07).
169 -186 i) By -Law No. 2013 -076
A By -Law to Authorize the Execution of an
Agreement Between the Township of Oro - Medonte
and Woodrow Family Farms for Snow Removal,
Horseshoe Valley Area, 3 Year Contract with
Option to Extend for an Additional Three Years
(Tender TES2013 -08).
187 -198 j) By -Law No. 2013 -077
A By -law to Authorize the Execution of a Site Plan
Control Agreement between The Corporation of the
Township of Oro - Medonte and Democrat
Page 3 of 211
Page
Council Meeting Agenda - May 8, 2013.
15. BY -LAWS:
Maplewood Limited described as lands as follows:
Lot 1, Plan 51 M -957, as in 58533 -0225 LT ROLL #
4346- 010 - 003 -26501 Township of Oro - Medonte,
[Addenda]
16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
17. CLOSED SESSION ITEMS (UNFINISHED ITEMS):
18. CONFIRMATION BY -LAW:
211 a) By -Law No. 2013 -067 Being a By -Law to Confirm the Proceedings of the
Council Meeting held on Wednesday, May 8, 2013.
19. ADJOURNMENT:
a) Motion to Adjourn.
Page 4 of 211
County of Simcoe.
199 -200 k) By -Law No. 2013 -078
A By -law to remove the Holding symbol on lands
described as follows: Lot 1, Plan 51 M-
957, Township of Oro - Medonte, County of Simcoe
Roll # 4346- 010- 003 - 26501.
201 -202 1) By -Law No. 2013 -080
Being a By -law to Authorize the Execution of a
Contract between the Township of Oro - Medonte
and the Barrie Public Library Board for a Term of
One Year and to Repeal By -Law No. 2012 -102.
203 -204 m) By -Law No. 2013 -081
A By -law to Authorize the Execution of a Contract
between The Township of Oro - Medonte and The
Midland Public Library Board For a Term of One
Year and to Repeal By -law No. 2012 -103.
205 -206 n) By -Law No. 2013 -082
A By -law to Authorize the Execution of a Contract
between The Township of Oro - Medonte and The
Coldwater Public Library Board For a Term of One
Year and to Repeal By -law No. 2012 -104.
207 -210 o) By -Law No. 2013 -085
Being a By -law to Appoint Municipal Law
Enforcement Officers /Provincial Offences Officers
And to Repeal By -Law Nos. 2012 -090, 2012 -130
and 2012 -146.
[Addenda]
16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
17. CLOSED SESSION ITEMS (UNFINISHED ITEMS):
18. CONFIRMATION BY -LAW:
211 a) By -Law No. 2013 -067 Being a By -Law to Confirm the Proceedings of the
Council Meeting held on Wednesday, May 8, 2013.
19. ADJOURNMENT:
a) Motion to Adjourn.
Page 4 of 211
5a) Minutes of Council meeting held on Wednesday, May 1,...
1q
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Wednesday, May 1, 2013
THE TOWNSHIP OF ORO- MEDONTE
REGULAR COUNCIL MEETING MINUTES
Council Chambers
TIME: 9:00 a.m.
Staff Robin Dunn, Chief Administrative Officer; Paul Gravelle, Director of
Present: Finance /Treasurer /Deputy CAO; Doug Irwin, Director of Corporate
Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a
private prayer /moment of reflection.
Page 1 of 16
Page 5 of 211
5a) Minutes of Council meeting held on Wednesday, May 1,...
Council Meeting Minutes — May 1, 2013.
2. ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
Motion No. C130501 -1
Moved by Crawford, Seconded by Evans
Be it resolved that the agenda for the Council meeting of Wednesday, May 1, 2013 be
received and adopted, as amended to
add Item 4f) Shawn Binns, Director of Recreation and Community Services re:
Acquisition /disposition of land (Parkland Acquisition) and
Motion No. C130501 -2
Moved by Evans, Seconded by Meyer
Be it resolved that we do now go in Closed Session at 9:03 a.m. to discuss
• acquisition /disposition of land;
• labour relations /employee negotiations;
• litigation affecting the municipality.
Carried.
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5a) Minutes of Council meeting held on Wednesday, May 1,...
Council Meeting Minutes — May 1, 2013.
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5a) Minutes of Council meeting held on Wednesday, May 1,...
Council Meeting Minutes — May 1, 2013.
c) Minutes of Special Council meeting held on Thursday, April 25, 2013.
Motion No. C130501 -10
Moved by Meyer, Seconded by Evans
Be it resolved that the draft minutes of the Special Council meeting held on Thursday,
April 25, 2013 be received and adopted as printed and circulated.
Carried.
A4 d) Minutes of Recreation Technical Support Group meeting held on Thursday, April 25,
2013.
Motion No. C130501 -11
Moved by Evans, Seconded by Meyer
6. RECOGNITION OF ACHIEVEMENTS:
None
Page 6of16
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5a) Minutes of Council meeting held on Wednesday, May 1,...
Council Meeting Minutes — May 1, 2013.
7. PUBLIC MEETINGS:
a) Proposed Amendment to the Zoning By -Law, Part of Lot 23, Concession 6 (Oro),
Township of Oro - Medonte, 480 Line 6 South, 2013 - ZBA -07, Piotrowski.
Deputy Mayor Hough called the meeting to order at 10:07 a.m. and explained the public
meeting has been called under the authority of the Planning Act, Sections 34, R.S.O.
1990 c. P.13, to obtain public comment with respect to a proposed Amendment to the
Zoning By -law, Application 2013 - ZBA -07 (Piotrowski), 480 Line 6 South , Concession 6,
Part of Lot 23, formerly in the Township of Oro, Township of Oro - Medonte
Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the
specified site on April 11, 2013 and a sign posted on the subject property on April 11,
2013.
The following correspondence was received at the meeting: None.
There being no further comments or questions, the meeting adjourned at 10:16 a.m
Page 7 of 16
Page 11 of 211
5a) Minutes of Council meeting held on Wednesday, May 1,...
Council Meeting Minutes — May 1, 2013.
b) Proposed Amendment to the Zoning By -Law, Part of Lot 25, Concession 5 (Oro),
Township of Oro - Medonte, 767 Line 4 South, 2013 - ZBA -08, Piotrowski.
Deputy Mayor Hough called the meeting to order at 10:17 a.m. and explained the public
meeting has been called under the authority of the Planning Act, Sections 34, R.S.O.
1990 c. P.13, to obtain public comment with respect to a proposed Amendment to the
Zoning By -law, Application 2013 - ZBA -08 (Piotrowski), 767 Line 4 South, Concession 5,
Part of Lot 25, formerly in the Township of Oro, Township of Oro - Medonte.
Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the
specified site on April 11, 2013 and a sign posted on the subject property on April 11,
2013.
The following correspondence was received at the meeting: None.
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
proposed amendment. A PowerPoint presentation was presented.
The following public persons offered verbal comments with respect to the proposed
amendment: None.
Deputy Mayor Hough advised that no additional deputations to Council will be permitted
with respect to the proposed amendment.
A digital recording of the meeting is available for review through the Township's
website.
There being no further comments or questions, the meeting adjourned at 10:20 a.m.
Nor New
c) Proposed Amendment to the Zoning By -Law, Part of Lot 1, Concession 14
( Medonte), Township of Oro - Medonte, 9110 Highway 12 West, 2013 - ZBA -04, Uppal.
This item was withdrawn to be held at a later date.
d) Proposed Amendment to the Zoning By -Law, Part of Lot 25, Concession 8 (Oro),
Township of Oro - Medonte, 703 Line 7 South, 2013 - ZBA -03, St. John the Baptist
Church.
This item was withdrawn to be held at a later date.
Page 8 of 16
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5a) Minutes of Council meeting held on Wednesday, May 1,...
Council Meeting Minutes — May 1, 2013.
8. DEPUTATIONS:
None.
9. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST:
10.REPORTS OF MUNICIPAL OFFICERS:
Page 9 of 16
Page 13 of 211
5a) Minutes of Council meeting held on Wednesday, May 1,...
Council Meeting Minutes — May 1, 2013.
b) Report No. DS2013 -26, Andria Leigh, Director of Development Services re: South Shore
Isabella Estates Inc., (2008- SUB -01) - Subdivision Agreement for Merrington Avenue
Development [Refer to Item 15d)].
Motion No. C130501 -13
Moved by Meyer, Seconded by Evans
Be it resolved
1. That Report No. DS2013 -26, Andria Leigh, Director of Development Services re:
South Shore Isabella Estates Inc., (2008- SUB -01) - Subdivision Agreement for
Merrington Avenue Development be received and adopted;
2. That the Township of Oro - Medonte enters into a Subdivision Agreement with South
Shore Isabella Estates Inc. and South Shore Caden Estates Inc.(2008- SUB -01);
3. That the appropriate by -law be brought forward for Council's consideration.
4. And That the owner be notified of Council's decision under the Director of
Development Services' signature.
Ne I% Carried.
c) Report No. CS2013 -07, Doug Irwin, Director of Corporate Services /Clerk, re: Municipal
Law Enforcement Occurrence Report January-March 2013.
Motion No. C130501 -14
Moved by Evans, Seconded by Crawford
Be it resolved that Report No. CS2013 -07, Doug Irwin, Director of Corporate
Services /Clerk, re: Municipal Law Enforcement Occurrence Report January-March 2013
be received for information only.
Page 10 of 16
Page 14 of 211
5a) Minutes of Council meeting held on Wednesday, May 1,...
Council Meeting Minutes — May 1, 2013.
d) Shawn Binns, Director of Recreation and Community Services, re: 2013 Grant & Subsidy
Requests Budget Allocation.
Councillor Crawford declared a pecuniary interest on two of the requests within Item
10d) Shawn Binns, Director of Recreation and Community Services, re: 2013 Grant &
Subsidy Requests Budget Allocation as he is a Director of the Oro Agricultural Society
and a Trustee of the Oro Station Hall. Councillor Crawford left the Chambers and did
not participate in the discussion or vote on the matters of the Oro Agricultural Society or
the Oro Station Hall.
Motion No. C130501 -15
Moved by Crawford, Seconded by Evans
Be it resolved
1. That the correspondence presented by Shawn Binns, Director of Recreation and
Community Services, re: 2013 Grant & Subsidy Requests Budget Allocation be
received.
2. That the 2013 Grant Requests be approved in the following amounts:
User Group
Amount Approved
Coldwater & District Agricultural Society
$200
Jubilee House
$250
-Couchiching
Crime Stoppers
$200
Oro Agricultural Society
separate motion
Oro Horticultural Society
$2,000
Oro Station Community Hall
separate motion
Community Hall
$2,500
-Rugby
Telecare Orillia Distress Line
$500
3. And That the applicants be notified of Council's decision under the Mayor's
signature.
Carried.
Motion No. C130501 -16 .
Moved by Evans, Seconded by Meyer
Be it resolved
1. That the 2013 Grant Request from Oro Agricultural Society in the amount of $500.00
be approved.
2. And That the applicant be notified of Council's decision under the Mayor's signature.
Carried.
Page 11 of 16
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5a) Minutes of Council meeting held on Wednesday, May 1,...
Council Meeting Minutes — May 1, 2013.
Motion No. C130501 -17
Moved by Meyer, Seconded by Lancaster
Be it resolved
1. That the request from the Oro Agricultural Society for a 2013 subsidy in the amount
of $1,632.00 for the use of the Banquet Hall and Old Town Hall for monthly meetings
be approved.
2. And That the applicant be notified of Council's decision under the Director of
Recreation & Community Services' signature. IffAak
Motion No. C130501 -18
Carried.
Moved by Crawford, Seconded by Meyer
Be it resolved 4e
1. That the Oro - Medonte Horticultural Society 2013 subsidy request in the amount of
$1,687.50 for the use of the Banquet Hall be approved.
2. And That the applicant be notified of Council's decision under the Director of
Recreation & Community Services' signature.
Carried
Motion No. C130501 -19
This item was deferred.
11. REPORTS OF MEMBERS OF COUNCIL:
None.
Page 12 of 16
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5a) Minutes of Council meeting held on Wednesday, May 1,...
Council Meeting Minutes — May 1, 2013.
12. CONSENT AGENDA:
Page 13 of 16
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5a) Minutes of Council meeting held on Wednesday, May 1,...
Council Meeting Minutes — May 1, 2013.
13. COMMUNICATIONS:
None.
14. NOTICE OF MOTIONS:
None.
15. BY -LAWS: oA#
a)
b)
C)
d)
By -Law No. 2013 -019: A By -law to Name, Assume and Establish Highways Within
the Township of Oro - Medonte, Bachly Avenue, Plan 51 M -679, Jennett Drive, Plan
51 M -679, Brechin Crescent, Plan 51 M -679, Boyd Crescent, Plan 51 M -679.
By -Law No. 2013 -061: A By -Law to Adopt Amendment No. 33, 3982 Highway 11
(Heidi's RV Campground) [to be distributed at meeting].
By -Law No. 2013 -062: A By -Law for Zoning By -Law Amendment, 3982 Highway 11
(Heidi's RV Campground) [to be distributed at meeting].
By -Law No. 2013 -065: Being a By -law to Authorize the Execution of a Subdivision
Agreement between the Corporation of the Township of Oro - Medonte and South
Shore Isabella Estates Inc.
Motion No. C130501 -21
Moved by Meyer, Seconded by Crawford
Be it resolved that
a) By -Law No. 2013 -019 A By -law to Name, Assume and Establish Highways Within
the Township of Oro - Medonte, Bachly Avenue, Plan 51 M -679, Jennett Drive, Plan
51 M -679, Brechin Crescent, Plan 51 M -679, Boyd Crescent, Plan 51 M -679.
b) By -Law No. 2013 -061 A By -Law to Adopt Amendment No. 33, 3982 Highway 11
(Heidi's RV Campground).
c) By -Law No. 2013 -062 A By -Law for Zoning By -Law Amendment, 3982 Highway 11
(Heidi's RV Campground).
d) By -Law No. 2013 -065 Being a By -law to Authorize the Execution of a Subdivision
Agreement between the Corporation of the Township of Oro - Medonte and South
Shore Isabella Estates Inc.
be read a first, second and third time, passed, be engrossed by the Clerk, signed and
sealed by the Mayor.
Carried.
Page 14 of 16
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5a) Minutes of Council meeting held on Wednesday, May 1,...
Council Meeting Minutes — May 1, 2013.
16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
17. CLOSED SESSION ITEMS (UNFINISHED ITEMS):
a) Motion to go In Closed Session.
Motion No. C130501 -22
Moved by Meyer, Seconded by Crawford
Be it resolved that we do now go in Closed Session at 10:30 a.m. to discuss
• acquisition /disposition of land.
b) Motion to Rise and Report.
Motion No. C130501 -23
Moved by Evans, Seconded by Crawford
Carried.
Be it resolved that we do now Rise at 11:09 a.m. and Report on the Closed Session
Item 4f) Shawn Binns, Director of Recreation and Community Services re:
Acquisition /disposition of land (Parkland Acquisition).
Refer to Item 4f)
Carried.
18. CONFIRMATION B
Be it resolved that By -Law No. 2013 -066, being a by -law to confirm the proceedings of
the Council meeting held on Wednesday, May 1, 2013 be read a first, second and third
time, passed, be engrossed by the Clerk, signed and sealed by the Mayor.
Carried.
Page 15 of 16
Page 19 of 211
5a) Minutes of Council meeting held on Wednesday, May 1,...
Page 20 of 211
6a) Teresa Falconi, Development Services Assistant, re:...
Page 21 of 211
6b) Oro - Medonte Fire and Emergency Services and John Wig...
Do you have an idea for the next edition of Hot Topics?
If you do please submit your idea to Human Resources
Fire Safety Visit
The Oro - Medonte Emergency and Fire Services Team conducted fire safety training at Wolf Steel at the end of April. A number of
associates were selected to be trained in the hazards associated with fires. They all received hands -on experience putting out a fire with
a fire extinguisher and got to use a fire hose. A special thank you to our Fire Prevention, Life and Safety Educator — John Wigle, with the
Township of Oro- Medonte.
rill
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Page 22 of 211
10a) Jerry Ball, Director of Transportation and Environm...
MEMORANDUM
1
Township
1
Proud Heritage, Exciting Future
To: Mayor & Council
cc: Robin Dunn, CAD
From: Jerry Ball R.M. File #:
Date: May 6, 2013 Roll #:
Subject: New Hydro Line on Line 4 North
As all of Council is aware, there is a new solar farm that is proposed for Line 4 North on the east side
of Line 4 North, approximately 1 km south of the Old Barrie road. This new project requires the
existing hydro line to be upgraded to a heavier line, so that the power generated can be fed into the
Hydro One grid system.
The following are facts relating to this project:
1. The existing hydro line runs along the east side of Line 4 North, from Highway 11 North to the
Partridge farm (approximately 0.8km), the hydro line then crosses over to the west side of Line
4 North. The line continues north along the west side of the road, to the boundary line of the
proposed solar farm (approximately 3.9km), where the line crosses back to the east side of
Line 4 North, to the Old Barrie Road (approximately 0.7km).
2. The existing line that is presently on the west side of line 4 North is on private property, by way
of a registered easement to Hydro One.
3. Hydro One during the past number of years have been eliminating easements, and moving
their infrastructure to Municipal road allowance for improved access maintenance and safety.
4. The Municipality receives numerous applications from Hydro One, Bell Canada, Gas
Suppliers, and Cable TV, to install their utilities within the road allowances by buried service or
on pole lines. Each utility provides a scaled design of the new infrastructure, which includes
their preferred location, existing utilities, and required work. Upon receiving this request, staff
will complete an onsite review of the draft design to consider the type of tree and brush
removal that is required, drainage system, snow storage, the required new location for utilities,
and general traffic concerns.
5. Hydro One has provided a draft proposal /design for the new upgraded line, which indicates the
new line connecting to the existing line, approximately 0.7 km south of the Old Barrie Road
and continuing for a distance of 0.7km on the east side of Line 4 North. At this point the line
will cross the road to the west side and continue 3.9 km to the Partridge farm, where it will
cross Line 4 North back, to the east side, and extend to Highway 11.
Page 23 of 211
10a) Jerry Ball, Director of Transportation and Environm...
6. Hydro One has approval for the new line location along the west side of Line 4 North, from the
Partridge farm north, which includes part of the Ferris property.
7. The Crocker & Birnie residents have had concerns with the need to remove some deciduous
trees and trim brush along their property frontage, which Hydro One has proposed.
S. To reduce tree and brush removal along the Crocker & Birnie property, Hydro One has
suggested that the new line would be constructed using 65 foot poles, framing the pole to
install the lines on the roadside of the pole, and erect the poles at a 2m offset, instead of the
normal 1m offset.
The Municipality works with each utility company to locate all new infrastructures, which also
includes repairs or upgrades to existing utilities. As stated, each utility provides their draft plan to
the Municipality, for approval on the construction work and location for new structures.
Therefore, it is suggested that Hydro One will proceed with their design /plans on the side of the
right of way that they determine.
-2-
Page 24 of 211
10b) Report No. DS2013 -27, Andria Leigh, Director of Dev...
Tocvnsh - o�', * ��
REPORT
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2013 -027
Council
Bobbi Lovering
Meeting Date:
Subject:
Motion #
May 8, 2013
Septic /Septic ver
20
Septic/Septic ver
17
Building Permit 1" Quarter
Stats
Roll #:
R.M.S. File #:
n/a
Small projects
24
RECOMMENDATION(S): Requires Action For Information Only
It is recommended that:
1. Report No. 2013 -027 be received for information.
BACKGROUND:
Building permit stats report for the first quarter of 2013
ANALYSIS:
The following is a summary of permit statistics comparing the permits issued for the first
quarter of 2013 to the first quarter of 2012:
Number of Permits issued 2013
Number of Permits issued 2012
Residential
6
Residential
8
Res Demo
2
Res Demo
5
Septic /Septic ver
20
Septic/Septic ver
17
Res add /reno
3
Res add /reno
2
Small projects
24
Small projects
17
Agricultural
0
Agricultural
1
Com /Ind
1
Com /Ind
3
Cancelled
1
Cancelled
7
Total
56
Total
53
The number of building permits issued in the first quarter of 2013 is consistent with the
first quarter of 2012 .
Development Services
Report No. 2013 -027
May 8, 2013
Page 1 of 3
Page 25 of 211
1Ob) Report No. DS2O13 -27, Andria Leigh, Director of Dev...
FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT:
The following is a summary of the construction
value for permits issued in the first
quarter of 2013 comparing the same in 2012.
Construction value 2013
Construction value 2012
Residential
4,015,000.00
Residential
2,810,000.00
Res Demo
5,000.00
Res Demo
15,500.00
Septic
164,150.00
Septic
165,000.00
Res add /reno
234,000.00
Res add /reno
450,000.00
Small projects
979,712.00
Small projects
406,000.00
Agricultural
0
Agricultural
40,000.00
Com /Ind
175,000.00
Com /Ind
207,885.00
Cancelled
------------- - - - - --
Cancelled
---------------- - - - - --
Total
5,512,862.00
Total
4,094,385.00
The total construction value in the first quarter of 2013 is 1.4 million dollars higher over
the same time period last year. The residential
projects underway are large dwellings,
and the increased numbers of small residential projects are double over the same value
last year.
In addition to the construction value for increasing the tax base, the permit fee revenue
is shown below.
2013 Permit fee Revenue
2012 Permit fee Revenue
Building permit
53,155.65
Building permit
52,408.23
Septic permit
5,475.00
Septic permit
11,010.00
Total
58,630.65
Total
63,418.23
POLICIES /LEGISLATION:
The Building Code Act requires Municipalities to enforce building in Ontario through the
Ontario Building Code.
The Building Code Act sets out legislation for
collection of permit fees to cover the direct
and indirect costs of Building permits.
CORPORATE STRATEGIC GOALS:
This report follows the Township's Strategic
Goals through enforcement of Building
Code regulations.
• Quality of Life,
• Safe & Healthy Community,
• Sustainability,
Development Services
May 8, 2013
Report No. 2013 -027
Page 2 of 3
Page 26 of 211
10b) Report No. DS2013 -27, Andria Leigh, Director of Dev...
CONSULTATIONS:
n/a
ATTACHMENTS:
n/a
CONCLUSION:
The Building division will see two large commercial projects get underway in 2013. The
revised building permit fees now in effect have aligned the Township with surrounding
areas and will begin to close the gap between operating costs and fees collected. With
the revised fees, commercial projects, and the residential subdivisions ongoing the
Building division is on track to meet budget projections for 2013
Respectfully submitted:
Bobbi Lovering CBCO
Chief Building Official
SMT Approval / Comments: C.A.O. Approval / Comments:
Development Services
Report No. 2013 -027
May 8, 2013
Page 3 of 3
Page 27 of 211
10c) Report No. DS2013 -28, Andria Leigh, Director of Dev...
} Township of
REPORT
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2013 -028
Council
Andria Leigh, Director,
Develop ment Services
Meeting Date:
Subject:
Motion #
May 8, 2013
Site Plan Agreement with
Democrat Maplewood Limited,
2013- SPA -09 (Plan M -957, Lot
Roll #:
4346- 010 - 003 -26501
R.M.S. File #:
D11
1
RECOMMENDATION(S): Requires Action X I For Information Onlyn
It is recommended that:
1. Report No. DS2013 -028 be received and adopted.
2. The Township of Oro - Medonte enters into a Site Plan Agreement with Democrat
Maplewood Limited thereby permitting the removal of the Holding Provision applying to
the subject lot for the construction of a single detached dwelling;
3. The Clerk bring forward the by -laws for Council's consideration to enter into a Site Plan
Agreement with Democrat Maplewood Limited and to remove the Holding Provision
applying to the lands described as Lot 1, Plan 51 M -957, respectively; and
4. The owner be notified of Council's decision.
BACKGROUND:
The applicant is proposing to have a Site Plan Agreement registered on title for the construction
of a 177.72 sq.m. (1913 sq.ft.) single detached dwelling with a 50.73 sq.m. (546 sq.ft.) attached
2 car garage on Lot 1, Plan 51 M -957, in the Diamond Valley Estates Subdivision. The zoning
presently in effect for the subject lands is Residential One Holding Provision (R1 (H)) Zone and,
as such, the owner must enter into a Site Plan Agreement prior to the issuance of a Zoning
Certificate and Building Permit related to the construction of the dwelling on the respective Lot.
The owner must enter into a Site Plan Agreement before the Holding Provision can be removed.
With respect to recent development within the Diamond Valley Estates Subdivision, it is noted
that a potential ossuary was discovered during excavation taking place on Lot 122, in December
2011. Following this discovery, the developer's archaeologist corresponded with the
Cemeteries Regulation Branch of the Ministry of Consumer Services, through which they
provided a report illustrating the potential ossuary being entirely within Lot 122. Subsequently,
the developer's archaeologist provided correspondence to the Township, stating that:
DEVELOPMENT SERVICES May 8, 2013
Report No. DS2013 -028 Page 1 of 4
Page 28 of 211
10c) Report No. DS2013 -28, Andria Leigh, Director of Dev...
• "The area of concern is wholly contained within Lot 122 and well removed from any
planning boundary.";
• "This discovery will have no impact on the surrounding lots.';
• "As the discovery appears to represent an intact and intentional burial site, it is expected
that Lot 122 will become a registered cemetery and that the remains will not be moved. ";
and
• "We do not believe that there is any necessity arising from this situation, now or in the
future, to restrict any activity on any other portion of the development property outside of
Lot 122."
Therefore, on the basis of the discovery of a potential ossuary, and subsequent correspondence
as noted above, Planning staff have now incorporated additional wording into all site plan
agreements that requires the owner of a lot and /or their agent to:
retain the services of a consulting archaeologist for their on -site presence and monitoring
of any grading or ground alterations within 50 metres of a potential ossuary;
assume all liability with respect to the discovery of any ossuary and/or archaeologically
sensitive features or areas through any development; and
cease work immediately upon the discovery of a potential ossuary and/or archaeologically
sensitive feature, and to notify all appropriate Ministries and Agencies, including, the
Registrar of Cemeteries and the Township.
ANALYSIS:
The subject property is designated Residential by the Township's Official Plan, and zoned
Residential One Holding Provision (R1 (H)) Zone by the Township's Zoning By -law 97 -95. The
applicant is required to enter into a Site Plan Agreement with Council with respect to the
removal of the Holding Provision on the subject Lot. These provisions were imposed through
the subdivision approval process in order to determine appropriate building envelopes.
Further, Planning staff have reviewed the submission related to the proposed construction of a
dwelling on the subject lot, and confirmed compliance with applicable provisions of the
Township's Zoning By -law 97 -95, as amended.
FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT:
Not applicable.
POLICIES /LEGISLATION:
Township of Oro - Medonte Official Plan
Township of Oro - Medonte Zoning By -law 97 -95
Planning Act, R.S.O 1990, c. P. 13, Sections 36 and 41
DEVELOPMENT SERVICES
Report No. DS2013 -028
May 8, 2013
Page 2 of 4
Page 29 of 211
10c) Report No. DS2013 -28, Andria Leigh, Director of Dev...
CORPORATE STRATEGIC GOALS:
Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro -
Medonte's natural beauty and country -like character and by providing opportunities that
encourage community participation in activities and recreational programs."
Safe & Health Community — To ensure that Oro - Medonte policies and programs promote a safe
and secure environment while encouraging healthy lifestyles.
Sustainability — To build an increasingly sustainable community with regard for and sensitivity to
the needs of future generations
CONSULTATIONS:
• Township Departments
ATTACHMENTS:
Schedule 1: Location Map
CONCLUSION:
The purpose of this Site Plan Application is to register a Site Plan Agreement on title for the
subject lot, with respect to the construction of single detached dwelling on Lot 1 of the Diamond
Valley Estates Subdivision (Plan 51 M -957), due to the Holding Provision applying to the zoning
of this lot.
It is recommended that Site Plan Application 2013 - SPA -09 (Lot 1) be approved and the
associated by -laws for Site Plan Approval and Removal of the Holding Provision be adopted by
Council.
Respectfully submitted:
Andria Leigh, MCIP, RPP
Director, Development Services
SMT Approval / Comments: C.A.O. Approval / Comments:
DEVELOPMENT SERVICES
Report No. DS2013 -028
May 8, 2013
Page 3 of 4
Page 30 of 211
10c) Report No. DS2013 -28, Andria Leigh, Director of Dev...
SCHEDULE 1: LOCATION MAP
2013 - SPA -09 (Lot 1)
(Democrat Maplewood Limited)
DEVELOPMENT SERVICES May 8, 2013
Report No. DS2013 -028 Page 4 of 4
Page 31 of 211
Cycling Strateau
_ f
Open Houses
As a pilot project in partnership with Tourism Sim-
coe County, the Township is working with the
Barrie /Simcoe Cycling Club to develop a
Cycling Stategy for the Township.
Learn more about the plan at one of two
upcoming Open Houses at the
Township Administration Centre:
Tuesday, May 14th from 5:00pm - 8:00pm
Wednesday, May 15th from 9:00am - 12:00pm
For the most current information about the
strategy and to provide your input, visit
oro - medonte.ca /Economic /Cycling5trategy
_ - or email cycling @oro - medonte.ca >
_ - TOURISM
O
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Township of
Proud Heritage, Exciting Future
VICTORIA DAY OFFICE CLOSURE
The Township of Oro - Medonte offices will be closed on
Monday, May 20t"
in recognition of Victoria Day.
The offices will re -open on Tuesday, May 21St for regular
business hours, 8:30 a.m. — 4:30 p.m.
We wish all residents and visitors a safe and happy weekend.
0
3
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Cn
0
1
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12a)
Announcements of Interest to the Public
. uyciing open...
EMERGENCY
PREPAREDNESS WEEK
00. PANCAKE
BREAKFAST
Saturday May H"', 2013
�Rr
9:00 — 12 :00
The Oro - Medonte Fire & Emergency Services in
conjunction with the Oro - Medonte Firefighters Association
Invite you to:
Enjoy some pancakes and sausages, learn how to prepare for an emergency, enter
to win prizes and take some time to see the emergency vehicle and meet your local
firefighters.
All proceeds will be donated to the Barrie, Orillia and Coldwater
Food Banks
$5.00 per adult and $3.00 per child (under 12)
Come out to your community fire hall:
Station 1 — Shanty Bay — 1950 Ridge Road West
Station 2 — Hawkestone — 375 Line 11 South
Station 3 — Horseshoe Valley - 3375 Line 4 North
Station 4 — Rugby - 1904 Old Barrie Road E.
Station 5 — Warminster — 1911 Warminster Sideroad
Station 6 — Moonstone — 5668 Line 7 North
For further details contact the Oro - Medonte Fire and Emergency Services at:
(705) 835 -5568
Page 34 of 211
12b) Minutes of Nottawasaga Valley Conservation Authorit...
* rI
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY
I MABOARD OF DIRECTORS 03/13
Minutes
Date: Friday March 22, 2013
PRESENT:
Chair Nina Bifolchi
Town of Wasaga Beach
Vice Chair: Darren White
Township of Melancthon
Past Chair: Walter Benotto
Town of Shelburne
Members:,
Gail Ardiel
Town of the Blue Mountains
Mary Brett
Township of Adjala - Tosorontio
Mel Coutanche
Township of Oro - Medonte
Rob Keffer
Township of Bradford West Gwillimbury
Kevin Lloyd
Town of Collingwood
Bob Marrs
Town of New Tecumseth
Paul McQueen
Municipality of Grey Highlands
Fred Nix
Town of Mono
Brent Preston
Township of Clearview
Perry Ritchie
Township of Springwater
Percy Way
Township of Amaranth
Keith White
Township of Essa
REGRETS
Daniel Davidson
Town of Innisfil
Mike Edwards
Town of Collingwood
Earl Hawkins
Township of Mulmur
Arif Khan
City of Barrie
Marty Lancaster
Township of Oro - Medonte
Alicia Savage
Township of Clearview
Michael Smith
Township of Essa
George Watson
Township of Wasaga Beach
Rick Webster
Township of Springwater
Guests: Paul Neals, Vice President, Azimuth Environmental Consulting Inc.
Dan Amadio, MHBC Design & Landscape Architecture
Staff: Wayne R. Wilson, CAO /Secretary Treasurer
Sheryl Flannagan, Director of Corporate Services
Byron Wesson, Director Land Operations & Stewardship Services
Chris Hibberd, Director of Planning
Patti Young, Senior Planner
Glenn Switzer, Director of Engineering and Technical Services
Dave Featherstone, Manager Watershed Monitoring
Caleigh Clubine, Communications /PR Coordinator
Recorder: Laurie Barron, Executive Assistant
Page 35 of 211
12b) Minutes of Nottawasaga Valley Conservation Authorit...
BOARD OF DIRECTORS MINUTES MEETING No: 03113 March 22, 2013 Page 2 of 7
1. CALL TO ORDER
Chair Bifolchi called the meeting to order at 9:10 a.m.
2. MOTION TO ADOPT AGENDA
RES: #1 MOVED BY: Walter Benotto SECONDED BY: Bob Marrs
RESOLVED THAT: The Agenda for Board of Directors Meeting #03/13 dated 22
March, 2013 be adopted.
Carried;
3. PECUNIARY INTEREST DECLARATION
None declared
4. MINUTES
Minutes of the Board of Directors Meeting 02/13 dated 22 February, 2013
RES: #2 MO VED BY: Bob Marrs SECONDED BY: Walter Benotto
RESOLVED THAT: the Minutes of the Board of Directors Meeting 02/13 dated 22
February, 2013 be approved.
Carried;
5. Draft Minutes of the Planning Fee Ad -Hoc Committee 02/13 dated 22
February, 2013
RES: #3 MOVED BY: Walter Benotto SECONDED BY: Bob Marrs
Resolution:
RESOLVED THAT: the Minutes of the Draft Minutes of the Planning Fee
Ad -Hoc Committee 02/13 be received.
Carried;
6. BUSINESS ARISING FROM MINUTES
None noted
7. DEPUTATION:
7.1 1442968 ONTARIO LIMITED
ARDAGH WEST SECONDARY PLAN, CITY OF BARRIE
Presented by: Paul Neals, Vice President, Azimuth Environmental Consulting Inc.,
and Dan Amadio, MHBC Design & Landscape Architecture
Mr. Neals and Mr. Amadio presented the reason for the deputation.
The Province of Ontario defined the scope of studies required to develop in
proximity to Bear Creek Provincially Significant Wetlands (PSW).
Page 36 of 211
12b) Minutes of Nottawasaga Valley Conservation Authorit...
BOARD OF DIRECTORS MINUTES MEETING No: 03113 March 22, 2013 Page 3 of 7
The Proponent has completed a Comprehensive Environmental Impact Study to
define developable limits as required and the Province approved this study. In pre -
consultation with NVCA staff advised that development limits would need to be re-
evaluated.
The Proponent is requesting that staff, through the Board of Directors, recognize
that this work has already been completed and allow the proponent to move
forward with the applications with the following being recognized:
• Use the PSW limit defined by the Comprehensive EA process and approved
by MNR for the subsequent development
• Work with NVCA staff to establish appropriate buffers and mitigation
measures
• Obtain a permit from the NVCA for development of the lands adjacent to the
PSW
• Confirmation from NVCA to proceed on this basis
Chair Bifolchi thanked Mr. Neals and Mr. Amadio for their presentation. Chair
Bifolchi then asked Senior Planner Patti Young to present her staff report.
Discussion ensued and the following resolution was carried.
REPORT OF THE SENIOR PLANNER
• DEPUTATION TO THE BOARD FROM 1442968 ONTARIO LTD.,
ARDAGH SECONDARY PLAN, CITY OF BARRIE
RES: #4 MOVED BY: Bob Marrs SECONDED BY: Fred Nix
RESOLVED THAT: the Board of Directors receive the report of the Senior Planner
regarding deputation to the Board from 1442968 Ontario Ltd., Ardagh Secondary
Plan, City of Barrie; and
THAT: staff continue to work with the landowner and the City of Barrie on this
matter; and furthermore
THAT: staff will report back to the board on this matter for further direction as
required.
Carried;
7.2 PROCYON LEASE AGREEMENT
Dr. Cynthia Post, Veterinarian, Procyon Wildlife
Deferred by to April 26/13
Page 37 of 211
12b) Minutes of Nottawasaga Valley Conservation Authorit...
BOARD OF DIRECTORS MINUTES MEETING No: 03/13 March 22, 2013 Page 4 of 7
S. REPORT OF THE DIRECTOR OF LAND OPERATIONS AND STEWARDSHIP
SERVICES
LAND USE AGREEMENTS: NEW LOWELL, MINESING WETLANDS AND
RIVERDALE PARK.
RES: #5 MOVED BY: Bob Marrs SECONDED BY: Fred Nix
RESOLVED THAT: the Board Directors approve the following lease renewals on
NVCA properties: New Lowe, Minesing Wetlands and Riverdale Park; and
THAT: each property lease be approved for five year terms with each one
containing individual particulars including;
• The New Lowell lease be renewed for a 5 year term at $16,229 for 2013
with an increase of 3 % per year plus HST.
• The Minesing Wetlands agricultural lease be renewed for a 5 year term at a
rate of $27.00 per acre plus HST; and
• The Riverdale Park lease be renewed with Town of New Tecumseth for a 5
year term and that staff work towards developing a long term 20 year lease
as per MNR requirements.
Carried;
9. REPORT OF THE DIRECTOR OF PLANNING
PERMITS FOR RATIFICATION FROM FEBRUARY 15/13 TO MARCH 13/13
RES: #6 MOVED BY: Bob Marrs SECONDED BY: Fred Nix
RESOLVED THAT: the permits for ratification issued by staff for the period
February 15, 2013 to March 13, 2013 be received.
Carried;
10. REPORT OF THE MANAGER, WATERSHED MONITORING PROGRAM
NVCA REPORT CARD AND WATERSHED HEALTH CHECKS
RES: #7 MOVED BY: Bob Marrs SECONDED BY: Fred Nix
RESOLVED THAT: the 2013 NVCA Report Card (Conservation Ontario product) be
received for information and endorsed for circulation to our watershed
municipalities and other interested stakeholders; and further
THAT: the Board of Directors review the Draft NVCA Watershed Health Checks
and provide their comments back to staff by April 15/13, for further review at the
April 26/13 board meeting.
Carried;
Page 38 of 211
12b) Minutes of Nottawasaga Valley Conservation Authorit...
BOARD OF DIRECTORS MINUTES MEETING No: 03113 March 22, 2013 Page 5 of 7
11. REPORT OF THE DIRECTOR OF COPORATE SERVICES AND THE
COMMUNICATIONS & PR COORDINATOR
Communications Report — February, 2013
RES: #8 MOVED BY: Bob Marrs SECONDED BY: Fred Nix
RESOLVED THAT: The Communications report for February, 2013 be received.
Carried;
12. REPORT OF THE DIRECTOR OF CORPORATE SERVICES
12.1 PER DIEM RATE
RES: #9 MOVED BY: Darren White SECONDED BY: Keith White
RESOLVED THAT: staff be directed to seek approval of the Ontario Municipal
Board (OMB), pursuant to Section 37 of the Conservation Authorities Act, to
apply a cost of living increase to NVCA members per diems of 1.5 %, representing
the Ontario Consumer Price Index (CPI) inflation rate from December 2011 to
November 2012; and
THAT: the increase be effective as at January 1, 2013.
Carried;
12.2 2013 KILOMETER RATE
RES: #10 MOVED BY: Darren White SECONDED BY: Keith White
RESOLVED THAT: the NVCA kilometer rate for Board of Directors and NVCA
staff be increased to 54¢ per km for the first 5,000 kms, and 48� for each
additional km, as per the 2013 Department of Finance Canada kilometer rate;
and
THAT: the increase be effective as at January 1, 2013.
Carried;
12.3 NEW POLICIES -WORK IN EXTREME HEAT AND COLD & RECORDS
RETENTION POLICIES AND PROCEDURES
RES: #11 MOVED BY: Mary Brett SECONDED BY: Darren White
RESOLVED THAT: the Work in Extreme Heat and Cold Policy & Procedure be
approved effective March 22, 2013; and
THAT: the Records Retention Policy & Procedure be approved effective March
22, 2013.
Carried;
Page 39 of 211
12b) Minutes of Nottawasaga Valley Conservation Authorit...
BOARD OF DIRECTORS MINUTES MEETING No: 03/13 March 22, 2013 Page 6 of 7
12.4 UPDATED POLICIES — BEREAVEMENT LEAVE — OVERTIME — PURCHSE
OF GOODS & SERVICES
RES: #12 MOVED BY: Kevin Lloyd SECONDED BY: Gail Ardiel
RESOLVED THAT: the Bereavement Leave Policy & Procedure be approved
effective March 22, 2013; and
THAT: the Overtime Policy & Procedure be approved effective March 22, 2013;
and further
THAT: that the Purchase of Goods & Services Policy & Procedure be approved
effective March 22, 2013.
Carried;
13. REPORT OF THE FINANCE ADMINISTRATIVE COORDINATOR AND THE
CAO /SECRETARY- TREASURER
Financial Activity Report Summary to February 28, 2013
a) Accounts Receivable Summary as at February 28, 3013
RES: #13 MOVED BY: Gail Ardiel SECONDED BY: Kevin Lloyd
RESOLVED THAT: The Chair be authorized to approve the Accounts Receivable
as at 28 February, 2013 in the amount of $396,704.24 including Planning items
of $408,748.00
Carried;
b) Summary of Disbursements for the month of February, 2013
RES: #14 MOVED BY: Kevin Lloyd SECONDED BY: Gail Ardiel
RESOLVED THAT: The Chair be authorized to approve disbursements as at
February 28, 2013 in the sum of $508,361.10 including wages (net of
withholdings) of $200,120.46
Carried;
c) Statement of Operations for Period Ending 28 February, 2013
RES: #15 MOVED BY: Gail Ardiel SECONDED BY: Kevin Lloyd
RESOLVED THAT: The Unaudited Combined Statement of Operations Program
Summary as at 28 February, 2013 be received.
Carried;
Page 40 of 211
12b) Minutes of Nottawasaga Valley Conservation Authorit...
BOARD OF DIRECTORS MINUTES MEETING No: 03113 March 22, 2013 Page 7 of 7
14. CORRESPONDENCE
(a) Angus Ratepayers Association, Wendy Harry, President
Dated Feb 13/13 re: Floodplain management in the settlement area of
Angus.
(b) NVCA Chair Nina Bifolchi's response to Angus Ratepayers letter dated
Feb 13/13 re: Floodplain management in the settlement area of Angus.
(c) MNR letter to CAO's of Conservation Authorities dated Feb 23/13 re:
Update on the individual Conservation Authority Regulations.
(d) MNR letter to CALC members dated Feb 25/13 re: advise of recent
amendments to conservation authority regulations to help streamline
the permitting process.
(e) Township of Essa's letter to Hon. Linda Jeffery dated Feb 27/13 re:
Source Water Protection Plans, Mandatory re- inspection of Septic
Systems.
(f) Township of Melancthon resolution dated March 7/13 re: request that
Hon. Kathleen Wynne, commence a full review of the Aggregate
Resources Act.
Vice Chair Darren White asked the members to consider sending a similar
motion as in (f) above from their respective Councils to the
Hon. Kathleen Wynne, re: Aggregate Resources Act.
RES: #16 MOVED BY: Kevin Lloyd SECONDED BY: Gail Ardiel
RESOLVED THAT: Correspondence not specifically dealt with be placed on file.
Carried;
FUTURE MEETINGS
Planning Fee Ad -Hoc Committee — March 22, 2013 12:00 noon to 2:00 p.m.
Board of Directors — April 26/13 - 9:00 a.m. to 12:00 noon
John L. Jose Learning Centre, Tiffin CA
ADJOURNED
RESOLVED THAT: This meeting adjourn at 11:03 a.m. to meet again at the call
of the Chair.
Nina Bifolchi, Chair
Approved this 26th day of April, 2013
Carried;
Wayne R. Wilson, CAO /Secretary- Treasurer
Page 41 of 211
12c) Minutes of Lake Simcoe Region Conservation Authorit...
IQLake Simcoe Region
conservation authority BOARD OF DIRECTORS' MEETING
NO. BOD -03 -13 — Friday, March 22, 2013
120 Bayview Parkway, Newmarket, ON
LSRCA Board Members Present:
Mayor R. Grossi, Chair
Regional Councillor D. Bath, Vice -Chair
Regional Councillor J. Ballinger
Mr. E. Bull
Councillor P. Craig
Councillor D. Crake
Mayor G. Dawe
Deputy Mayor B. Drew
Councillor A. Eek
Councillor D. Evans
Councillor K. Ferdinands
Mayor V. Hackson
Councillor D. Kerwin
Councillor J. O'Donnell
Councillor B. Ward
Regrets:
Councillor M. Baier
Councillor B. Haire
Mayor A. Orsi
Councillor S. Strangway
MINUTES
LSRCA Staff Present:
D.G. Wood, Chief Administrative Officer
B. Kemp, General Manager, Conservation Lands
J. Lee, General Manager, Corporate & Financial Services
R. Jarrett, General Manager, Communications & Education
R. Baldwin, Acting General Manager, Watershed Management
T. Barnett, Coordinator, BOD /CAO, Project & Services
Cheryl Taylor, Executive Director, Lake Simcoe Conservation Foundation
Bev Booth, Manager, Planning, Regulations and Enforcement
Keri Christensen, Manager, Human Resources
Phil Davies, Manager, Watershed Stewardship
David Lembcke, Manager, Environmental Science and Monitoring
Ben Longstaff, Manager Sub - watershed Planning & SWP
Kristen Yemm, Manager
Lance Aspen, Hydrologist
Eavan O'Connor, Water Quality Specialist
Pamela Strong, Sub - watershed Planner
Guests
Debby Beatty, President, Lake Simcoe Conservation Foundation
Kenneth Hill, Hill Hunter Losell Law Firm LLP
I. DECLARATION OF PECUNIARY INTEREST
None noted for the record of this meeting.
II. APPROVAL OF THE AGENDA
Moved by: J. O'Donnell Seconded by: P. Craig
BOD- 039 -13 RESOLVED THAT the content of the Agenda as presented for the February 22, 2013
meeting of the Board of Directors be approved as amended to include an additional
Human Resources item in Closed Session and to move the presentation by David
Lembcke under Item VII forward to Item IV. CARRIED
III. ADOPTION OF THE MINUTES
a) Board of Directors
Moved by: J. Ballinger
Seconded by: E. Bull
Page 42 of 211
12c) Minutes of Lake Simcoe Region Conservation Authorit...
Lake Simcoe Region Conservation Authority
Board of Directors' Meeting BOD -03 -13
March 22, 2013 — Minutes
Page 2 of 8
BOD- 040 -13 RESOLVED THAT the minutes of the Board of Directors' Meeting No. BOD -02 -13 held
on Friday, February 22, 2013 be adopted and approved as printed and circulated.
CARRIED
IV. ANNOUNCEMENTS
a) Mayor Grossi advised that a Lake Simcoe Living Magazine had been handed out to Board member.
LSRCA's article on Invasive Mussels can be found on Pages 16 -17. Additional copies may be obtained
by contacting info@ lakesimcoeliving.com.
b) Debby Beatty, President, Lake Simcoe Conservation Foundation (LSCF), thanked LSRCA Board members
Mayor Virginia Hackson and Regional Councillor Bobbie Drew for their many years' service on the Lake
Simcoe Conservation Foundation Board. Mrs. Beatty presented each of the ladies with a framed
certificate in recognition of their dedication and commitment to the Foundation.
Mrs. Beatty also reminded everyone about the Lake Simcoe Conservation Foundation's 25`h Annual
Conservation Dinner being held on Wednesday, June 5 1 at the Manor at Carrying Place Golf and
Country Club in Kettleby. For more information on the dinner or to purchase tickets, please contact
Judy Milner @ j.milner @lsrca.on.ca.
V. DEPUTATIONS
There were no deputations at this meeting.
VI. HEARINGS
There were no hearings at this meeting.
VII. PRESENTATIONS
a) The Report on the Phosphorus Loads to Lake Simcoe 2007 — 2009
Manager, Environmental Science and Monitoring, David Lembcke, provided a presentation regarding the
Report on the Phosphorus Loads to Lake Simcoe 2007 — 2009, noting that monitoring of water quality in
Lake Simcoe began in 1982, and calculation of phosphorus loads began in the mid 1980's. Annual
phosphorus loads for 1990 to 1993 averaged 130 tonnes /year, with a high of 155 tonnes /year in the years
1990 and 1992. An interim phosphorus target of 75 tonnes /year was established under the Lake Simcoe
Environmental Management Strategy partnership (1990- 2007), and a new target of 44 tonnes /year was
set in 2009 as part of the Lake Simcoe Protection Plan.
Staff advised that phosphorus loads in Lake Simcoe were unusually high in the hydrologic years (June 1 —
May 31) of 2007 and 2008 mainly as a result of higher than normal tributary flow generated by unusually
wet years. He explained how precipitation is the main mover of phosphorus, and these unusually wet
years allowed for greater amounts of phosphorus to be transported throughout the lake. Phosphorus
loads returned to more normal levels in 2009. A study of the last 94 years shows that only three years
have been wetter than 2008 and only six years have been higher than 2007.
Page 43 of 211
12c) Minutes of Lake Simcoe Region Conservation Authorit...
Lake Simcoe Region Conservation Authority
Board of Directors' Meeting BOD -03 -13
March 22, 2013 — Minutes
Page 3 of 8
Councillor Eek asked when the next report was expected. David explained that LSRCA continues to work
the Ministry of the Environment, and data is always being collected; thus the next report could be
released next year or the following year.
Moved by: A. Eek Seconded by: J. Ballinger
BOD- 041 -13 RESOLVED THAT the presentation by David Lembcke regarding the Report on
Phosphorus to Lake Simcoe 2007 — 2009 be received for information. CARRIED
Manager, Environmental Science and Monitoring, David Lembcke, had also prepared a staff report on the
Report on the Phosphorus Loads to Lake Simcoe 2007 — 2009, which was included in the agenda.
Moved by: A. Eek Seconded by: J. Ballinger
BOD- 042 -13 RESOLVED THAT Staff Report No. 19- 13 -BOD, Item 7, regarding the Report on the
Phosphorus Loads to Lake Simcoe 2007 - 2009 be received for information. CARRIED
Regional Councillor Ballinger asked if there was any foresight into the reduction of weeds. David
explained the impact on plant mass has been studied, and wind seems to be major factor in weeds landing
on north shore of Lake Simcoe.
Councillor Evans asked, what if anything, can be done about the abundance of geese. Rob Baldwin, Acting
GM, Watershed Management, explained that these are protected birds. Councillor Evans recommended
that LSRCA make a statement about geese to the various ministries.
Moved by: D. Evans
Seconded by: J. O'Donnell
BOD- 043 -13 RESOLVED THAT Staff be directed to send a letter to MOE and MNR, with a copy to
the various municipalities regarding the problems with geese. CARRIED
b) Hill Hunter Losell Annual Process Review
Kenneth Hill of Hill Hunter Losell Law Firm LLP provided an annual review of the legal, hearing and tribunal
process the Board is required to undertake when conducting a Section 28 Hearing under the Statutory
Powers and Procedures Act.
Mr. Hill explained that it is important to first look at why regulations are in place, to reduce the risk and
dangers of flooding, and protect wetlands. Section 28 of the Conservation Authorities Act states that
hearings are the result of an individual's rights to appeal the Authority's decision. Recent amendments
allow employees to be designated to approve permits. The life of a permit has been extended to up to 60
months under certain circumstances, and designated employees can approve permits up to 2 years.
The hearing process, once requested, must be conducted by the Authority's Board of Directors, and
governed by hearing guidelines. Individuals have a right to a fair hearing, with both sides being listened to
and all evidence heard. Conflicts of interest should be declared. In conducting a hearing, the Board
should ask lots of questions to ensure they have all the details. If a decision is delayed, the details should
not be discussed outside the hearing room. Decisions must be given in writing.
Page 44 of 211
12c) Minutes of Lake Simcoe Region Conservation Authorit...
Lake Simcoe Region Conservation Authority
Board of Directors' Meeting BOD -03 -13
March 22, 2013 — Minutes
Page 4 of 8
Moved by: V. Hackson Seconded by: B. Ward
BOD- 044 -13 RESOLVED THAT the presentation by Kenneth Hill regarding the legal, hearing and
tribunal process the Board is required to undertake when conducting a Section 28
Hearing under the Statutory Powers and Procedures Act be received for
information. CARRIED
c) 2013 Lake Simcoe Watershed Report Card
Manager, Subwatershed Planning and SWP, Ben Longstaff, provided a presentation on the 2013 Lake
Simcoe Watershed Report Card. Mr. Longstaff first acknowledged Sub - watershed Planner, Pam Strong,
the Monitoring Team and the Communications Team, who have all worked many hours on the report card.
Staff reviewed the history of the watershed report card, noting the first one was released in 2008 and
updated in 2009. A grade of A -F is given for each indicator within each subwatershed. The three resource
categories measured and reported on by all conservation authorities in the 2013 standardized report cards
are Surface Water Quality, Forest Conditions, and Groundwater Quality with a set of indicators for each
category. A fourth indicator was left to the discretion of each Conservation Authority to select in order to
customize for their unique watersheds. In the LSRCA report card, the concentration of phosphorus within
the lake was selected as our fourth indicator.
A copy of the 2013 Lake Simcoe Watershed Report Card is available on Conservation Ontario's website @
http://www.conservationontario.ca/index.html.
Moved by: J. Ballinger Seconded by: E. Bull
BOD- 045 -13 RESOLVED THAT the presentation by Ben Longstaff regarding the 2013 Lake Simcoe
Watershed Report Card be received for information. CARRIED
Manager, Corporate Communications, Kristen Yemm, had also prepared a staff report on the 2013 Lake
Simcoe Watershed Report Card Report Card, which was included in the agenda.
Moved by: J. Ballinger Seconded by: E. Bull
BOD- 046 -13 RESOLVED THAT Staff Report No. 18- 13 -BOD, Item 6, regarding the 2013 Lake
Simcoe Watershed Report Card be received for information. CARRIED
VIII. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
The Board identified Agenda Items 3 and 5 for separate discussion.
IX. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by: G. Dawe Seconded by: B. Drew
BOD- 047 -13 RESOLVED THAT the following recommendations respecting the matters listed as
"Items Not Requiring Separate Discussion" be adopted as submitted to the Board
Page 45 of 211
12c) Minutes of Lake Simcoe Region Conservation Authorit...
Lake Simcoe Region Conservation Authority
Board of Directors' Meeting BOD -03 -13
March 22, 2013 — Minutes
Page 5 of 8
and staff be authorized to take all necessary action required to give effect to same.
CARRIED
1. Correspondence
BOD- 048 -13 RESOLVED THAT the correspondence listed in the agenda as items 1 (a) through (g)
be received for information. CARRIED
2. Monthly Communications Update
BOD- 049 -13 RESOLVED THAT the Monthly Communications Update — Summary, for the period
February 1 — February 28, 2013 be received for information. CARRIED
4. Update on Amendment of Ontario Regulation 179/06 made Under Section 28 of the Conservation
Authorities Act
BOD- 050 -13 RESOLVED THAT Staff Report 16- 13 -BOD regarding an Update - Amendment of
Ontario Regulation 179/06 made under Section 28 of the Conservation Authorities
Act, be received for information; and
FURTHER THAT staff will distribute a monthly summary of approved permits to the
Board of Directors for their information; and
FURTHER THAT the Manager, Engineering & Technical Services be delegated the
authorization to approve permissions under Ontario Regulation 179/06. CARRIED
8. Year -End Monitoring Report — Planning and Development Applications for the Period January 1
through December 31, 2012
BOD- 051 -13 RESOLVED THAT Staff Report No. 20- 13 -BOD regarding the year -end monitoring of
planning and development applications for the period January 1 through December
31, 2012 be received for information. CARRIED
X. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
3. Preliminary 2012 Financial Statements
General Manager, Corporate Services, Jocelyn Lee, gave a brief explanation of the year end results, noting
there was a surplus of funds at year end. Staff mentioned that most projections were as forecast, with
some programs being carried over into 2013. Staff referred to Staff Report 15- 13 -BOD, where staff had
put forward allocations for use of surplus. Overall, it was a productive year for the Authority.
Councillor Kerwin inquired as to the liability, if any, with regards to retiree benefits. Staff advised there
are no retiree benefits and therefore no liability. Staff also advised of the Authority's policy that vacation
days must be taken in the year granted and carryover of vacation days is not allowed, thereby alleviating
any liability for vacation payout.
Page 46 of 211
12c) Minutes of Lake Simcoe Region Conservation Authorit...
Lake Simcoe Region Conservation Authority
Board of Directors' Meeting BOD -03 -13
March 22, 2013 — Minutes
Page 6 of 8
Mayor Hackson congratulated staff on maintaining a balanced budget with surplus.
Moved by: V. Hackson Seconded by: D. Kerwin
BOD- 052 -13 RESOLVED THAT Staff Report No. 15- 13 -BOD entitled 2012 Preliminary Unaudited
Financial Statements be received; and
FURTHER THAT the Appropriations to Reserve from operations as outlined in
Schedule 5 of the 2012 Preliminary Unaudited Financial Statements be approved
pending any changes brought forward in the 2012 Audited Financial Statements to
be presented at the April 2012 Board meeting; and
FURTHER THAT the pending 2012 Audited Financial Statements be distributed to the
Ministry of Natural Resources and the Authority's banker. CARRIED
5. Updated LSRCA Administrative By -Laws
In review of Administrative By -Law # 1, Governance and Administrative Policies, which was included
in the agenda package, the Board agreed that a section should be added regarding Ad Hoc
Committees.
A question was raised regarding whether Section 2.2, Board Composition, should be followed or
changed, as following it may result in additional board members. It was decided that CAO Gayle
Wood would bring a recommendation back to the Board with respect to Section 2.2
CAO Gayle Wood directed the Board to Section 3.4, Reliance on and Relationship with CAO /Secretary-
Treasurer, and respectfully requested that all requests from Board members come through the Office
of the CAO. Directing all requests through the CAO will ensure that requests are directed to proper
staff person. The Chair and Board agreed that this protocol should and will be followed.
In review of Administrative By -Law # 2, Meeting Procedures, which was included in the agenda
package, a discussion was held regarding Section H, Conflict of Interest, and whether a Board member
should be able to remain at the table in a public session after declaring a conflict of interest. The
Board decided that anyone declaring a conflict of interest in a public session should leave the room;
and therefore, no change is required to this section.
Moved by: K. Ferdinands Seconded by: P. Craig
BOD- 053 -13 RESOLVED THAT Staff Report 17- 13 -BOD regarding the updated LSRCA
Administrative By -Laws be received; and
FURTHER THAT Administrative By -Law #1 on Governance and Administrative
Policies and By -Law #2 on Meeting Procedures, dated March 22, 2013 be approved
as amended to revise the By -Law in relation to Board Composition and Ad Hoc
Committees; and
Page 47 of 211
12c) Minutes of Lake Simcoe Region Conservation Authorit...
Lake Simcoe Region Conservation Authority
Board of Directors' Meeting BOD -03 -13
March 22, 2013 — Minutes
Page 7 of 8
FURTHER THAT the Chief Administrative Officer be directed to report back to the
Board regarding Section 2.2 of CAA. CARRIED
XI. CLOSED SESSION
The Board moved to Closed Session to receive an update on confidential land, legal and human resources
matters.
Moved by: A. Eek Seconded by: G. Dawe
BOD- 054 -13 RESOLVED THAT the Board move to Closed Session to deal with confidential legal
and human resources matter, and
FURTHER THAT the Chief Administrative Officer and Members of the Executive
Management Team, and the Coordinator BOD /CAO, Projects and Services, remain in
the meeting for the discussion. CARRIED
Moved by: J. Ballinger Seconded by: D. Evans
BOD- 055 -13 RESOLVED THAT the Board rise from Closed Session and report findings. CARRIED
a) Legal Matter
Moved by: D. Crake Seconded by: D. Kerwin
BOD- 056 -13 RESOLVED THAT Confidential Staff Report 21- 13 -BOD regarding the year -end status
of enforcement matters for the period January 1 through December 31, 2012 be
received for information, as amended to direct Staff to report back on current
appeal process. CARRIED
b) Human Resources Matter
Moved by: A. Eek Seconded by: J. O'Donnell
BOD- 057 -13 RESOLVED THAT the discussion regarding a Human Resources matter be received
for information. CARRIED
XII. OTHER BUSINESS
a) Experimental Lakes Area
Mayor Dawe mentioned an article he had read regarding the Experimental Lakes Area in northwestern
Ontario and specifically the recent announcement by the Department of Fisheries and Oceans of its
plans to discontinue funding of this unique research station. Mayor Dawe requested that the Authority
send a letter of concern to the Government of Canada regarding the removal of such funding. For
more information and the latest news on the Experimental Lakes Area, please visit http: / /saveela.org /.
Page 48 of 211
12c) Minutes of Lake Simcoe Region Conservation Authorit...
Lake Simcoe Region Conservation Authority
Board of Directors' Meeting BOD -03 -13
March 22, 2013 — Minutes
Page 8 of 8
Moved by: G. Dawe Seconded by: P. Craig
BOD- 058 -13 RESOLVED THAT Staff be directed to prepare and send a letter to the Government
of Canada expressing concern regarding the removal of funding for the
Experimental Lakes Area be received for information. CARRIED
b) Vegetable Growers' Conference in Bradford
Councillor Eek advised the Board that the 62nd Annual Muck Vegetable Growers' Conference is being
held in Bradford on April 3'd and 4th, and it would be nice to see some Board members attend.
c) Next Board of Directors' Meeting
The next meeting of the Board of Directors will be held on Friday, April 26th and will be hosted by the
Township of Ramara, located at 2297 Highway 12, Brechin, ON. The meeting will commence at 10:00
a.m. upon completion of the Lake Simcoe and Couchiching /Black River Source Protection Authority SPA
meeting, which will take place from 9:00 a.m. to 10:00 a.m.
XIII. ADJOURNMENT
The meeting was adjourned at 11:40 a.m. on a motion by D. Bath.
Mayor Robert Grossi
Chair
D. Gayle Wood
Chief Administrative Officer
Page 49 of 211
13a) Correspondence received April 29, 2013 from Lake Si...
Page 50 of 211
13a) Correspondence received April 29, 2013 from Lake Si...
25TH ANNUAL
va W& I V/I/ P/' W
There is a strong connection between our personal health and the
health of our natural world. When the world outside your front door
is healthy we all benefit. Supporting the Conservation Dinner is an
investment in our future that will help protect the natural environment
for generations to come.
Celebrate Simcoe
25th Anniversary of the Conservation Dinner
The Conservation Dinner is our annual signature event. The
Conservation Dinner aims to raise funds for critical environmental
restoration, protection and educational programs and projects in the
Lake Simcoe watershed as well as awareness of the importance of
taking care of our fragile ecosystem. Thanks to our Conservation
Dinner supporters, what started out as a simple church basement
fundraiser 25 years ago has evolved into an event that since 2001 has
raised almost $1 Million dollars!
2013 is a special year for us at the Foundation so please join us!
Wednesday, June 5, 2013 will mark not only the 25th Anniversary of
the Conservation Dinner, but also the 40th Anniversary of the
Foundation. Join hundreds of conservation supporters, business
' leaders and politicians and celebrate our accomplishments together!
Let's Celebrate Simcoe —The lake, the land and the people that have
made a difference in the past 25 years.
With your continued support you will be investing in a cleaner and
S canal Bank Rd Davis Dr greener community, today and tomorrow.
There are many ways that you can show your support. Purchase
tickets, become a corporate or evening sponsor or even donate
auction items. Bring your spouse, partner or friend and enjoy a great
Sideroad 19 night.
■ The success of our work would not be achievable without the
generosity of our supporters. We are very grateful for your
participation and support.
3 WAYS TO PURCHASE TICKETS OR SPONSORSHIP
Qj
_ 1. Online at LakeSimcoeFoundation.ca,
2. Mail back this form with your info and payment.
3. Telephone or email the Foundation office at 905 - 895 -1281 or
King Rd foundation @Isrca.on.ca
. Purchase before May 1, 2013 to be eligible for the Early Bird Draw!
N I L
Page 51 of 211
13a) Correspondence received April 29, 2013 from Lake Si...
SPONSORSHIP OPPORTUNITIES
ECO- CHAMPION $3,000
• One corporate table for 10 guests
• Acknowledgement on the Lake Simcoe Con-
servation Foundation website
• Corporate Name / Logo featured:
• On sponsor recognition page in
evening program
• In audio visual presentation
• On event signage
• On table signage
• Recognition in LSCF Annual Report
• Event media coverage
ENVIRONMENTAL LEADER $5,000
• One corporate table for 10 guests
• Acknowledgement on the Lake Simcoe Con-
servation Foundation website
• One — quarter page, full- colour ad in the
evening program
• Corporate Name / Logo featured:
• On sponsor recognition page in
evening program
• In audio visual presentation
• On event signage
• On table signage
• Recognition in LSCF Annual Report
• Event media coverage
NATURE LOVER $10,000
• One corporate table for 10 guests in a premier
location
• Acknowledgement on the Lake Simcoe Con-
servation Foundation website
• Acknowledgement during opening remarks
• One - half page, full- colour ad in the evening
program
• Corporate Name / Logo featured:
• On sponsor recognition page in
evening program
• In audio visual presentation
• On event signage
• On table signage
• Recognition in LSCF Annual Report
• Event media coverage
WATERSHED HERO $15,000
• One corporate table for 10 guests in a premier
location
• Acknowledgement on the Lake Simcoe Conser-
vation Foundation website
• Acknowledgement during opening remarks
• One full page, full- colour ad in the evening
program
• Corporate Name / Logo featured:
• On sponsor recognition page in evening
program
• In audio visual presentation
• On event signage
• On table signage
• Recognition in LSCF Annual Report
• Event media coverage
WATERSHED FOR LIFE EVENING SPONSORSHIP
OPPORTUNITIES
As an evening sponsor, you or your organization
will be acknowledged on all publicity and at the
event with your name /logo placed on /at the item
you sponsor:
• Martini Bar:
$1,000
• Entertainment sponsor:
$1,000
• Production sponsor:
$ 500
• Decor sponsor:
$1,000
• Centrepiece sponsor
$1,000
• Balloon sponsor:
$ 500
• Silent / Live Auction Items:
priceless!
• In -Kind Donations:
priceless!
Page 52 of 211
13a) Correspondence received April 29, 2013 from Lake Si...
Page 53 of 211
13a) Correspondence received April 29, 2013 from Lake Si...
SPONSORSHIP AND TICKET ORDER FORM
Nam
Address:
City:
Province: Postal Code:
Telephone: ( ......
)-----------------------
E -mail:
I would like to order ( #) tickets
at $175 each and enclose $
I would like to order ( #) tables
at $1,750 each and enclose $
❑ I cannot attend, but enclosed is a donation of
❑ I would like to donate an auction item
❑ I would like to sponsor at
level and enclose $ — —
❑ VISA ❑ MC ❑ Cheque
Card #:
Expiry:
Signatu
Return Form with cheque or credit card payment
to: Lake Simcoe Conservation Foundation
Attn: Judy Milner - 120 Bayview Parkway, Box
282, Newmarket, ON L3Y 4X1
Guest Names (Seating 10 per table)
Lake Simcoe
Conservation
�► Foundation
Page 54 of 211
13b) Correspondence dated April 29, 2013 from Cal Madill...
April 29, 2013
Dear Mayor and Members of Council:
5imcoe County tPM 2014
PO Box 2051
Thornton, Ontario
LOL2NO
Simcoe County is very excited to be hostingthe International Plowing Match, in 2014!
The International Plowing Match 2014 (IPM 2014) Organizing Committee cordially invites you to
attend the "Official Launch of IPM 2014 ". This event is being held on Saturday, .tune 1, 2013.
We invite you to bring the whole family.
We will begin at 10:45 am, by parking at the Essa and District Agricultural Society, (corner of
201h Sideroad and the 101h Line, Essa Township). Ina procession, we'll follow the bagpipes at
11 am, to the Official Site of the IPM 2014. A local school choir will be singing "0 Canada."
Also on the Agenda, is a special Tribute to Keith Robinson, of Cookstown, who is preparing to
plow in his 651h Plowing Match in 2014! At that time, he will unveil a large and attractive sign
announcing the location of the IPM 2014, next September 1611 to 201h.
Light refreshments will be served immediately following the ceremony.
Please RSVP by May 24th to Connie Brown ( 705 - 726 -8017) or brownsfarmPhotmail.com
Yours truly,
Cal Madill, Chairman
IPM 2014— Simcoe County
Page 55 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
By -Law No. 2013 -068
A By -Law to Authorize the Execution of an Agreement Between
the Township of Oro - Medonte and Duncor Enterprises Inc.,
for Slurry Seal (Tender TES2013 -01)
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. C130424 -20, the successful bidder of Tender TES2013 -01 to
be Duncor Enterprises Inc.;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2013 -01, for the supply of slurry seal;
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. TES2013 -01 attached hereto as Schedule "A" and forming part of this By-
Law.
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 MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 56 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
5C\, *Au\C, A -�a �j -�G,W ��b a013 - oul
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
"4ftv- k M171.
Township of
Proud Heritage, Exciting Future
CONTRACT NO. TES2013 -01
TENDER FOR SLURRY SEAL
Page 57 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 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.
Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2013 -01"
and addressed to Lisa McNiven, Manager, Transportation Services, Township of Oro - Medonte,
Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the
Manager, Transportation Services, Township of Oro - Medonte, Administration Centre, 148 Line 7
South, ORO, Ontario LOL 2X0.
For further information, please contact:
Lisa McNiven,
Manager of Transportation Services
Township of Oro - Medonte
Telephone: (705) 487 -2171
Page 58 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -01
NOTICE TO BIDDERS:
1. Workplace Safety and Insurance:
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 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 all
charges, costs, expenses and claims, whatsoever, in connection with this Contract No.
TES2013 -01.
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 amount. Payment will be
made on the unit price tendered.
4. 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.
5. All work is to be performed under the supervision of the Manager of Transportation
Services or her Representative.
6. Accessibility for Ontarians with Disabilities:
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.
Page 59 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
TENDERING REQUIREMENTS
Tender Deposit:
A certiired 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 Rejection 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;
t) 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.
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 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.
Page 60 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
Occupational Health and Safety (contd.):
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 Manager 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.
Page 61 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
TENDER FOR CONTRACT NO. TES2013 -01
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 tendered 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.
IMe (the Contractor) promise to commence work on:
As directed by Township
(To be completed by Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by.
Auqust 31, 2013
(To be completed by Municipality)
BY. Duncor Enterprises Inc.
101 Big Bay Point Road
Barrie, Ontario L4N 8M5
Name of Firm or Individual (Hereinafter referred
to as the "Contractor')
Address
Brian Dun a n j::--:ame of Person Signing for Firm (Signature)
Vice PPesident
705 - 730 -1999
Office of Person Signing for Firm
Telephone No.
Page 62 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -01
TENDER FOR SL URRY SEAL
We are pleased to submit the following prices for work in Oro - Medonte Township during the
coming season:
To supply, and apply, slurry seal to various roads within the Township of Oro - Medonte.
Estimated Area: 79.700 square metres
Price per Square Metre: 1.86
TOTAL $ 147126.00
H.S.T. $ 19126.38
GRAND TOTAL $ 166252.38
I/We hereby agree that the work specified and the material required in the Contract will be
performed in strict accordance with the specifications in this tender.
Signed at the
County of _
City
Simcoe
C wQIPv_&C_
Signature of Contractor or
Witnesses and Position Held
of Barrie
this 27 day of March
Company: Duncor Enterprises Inc.
Address: 101 Big Bay Point Road
Barrie, Ontario
L4N 8M5
7
in the
2053.
l,r L___ -
Signature of the Corporation
Seal of Corporation
Telephone: 705- 730 -1999
Page 63 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
PREPARATION OF SURFACE (SWEEPING AND VACUUM CLEANING):
Normal street cleaning will be carried out by the Contractor prior to surface treatment. However,
due to problems created by parked vehicles and scheduling, it is contemplated that additional
cleaning of all surfaces with a vacuum type sweeper may be required immediately prior to the
sea ling operations. The additional cleaning required to ensure proper application of the slurry
mixture will be the Contractor's responsibility, at no additional cost to the Township.
APPLICATION OF SLURRY SEAL SURFACE:
The slurry mixture shall be of the desired consistency when applied on the surface and no
additional elements shall be added, but total time of mixing shall not exceed four minutes. A
sufficient amount of slurry seal shall be carried in all parts of the spreader at all times so that
complete coverage is obtained during application of the mixture, which shall not proceed at
speeds exceeding 60 metres per minute. The rate of application shall be 6.5 to 7.8 kilograms per
square metre.
Special care should be exercised by the Contractor to ensure that leakage of emulsion does not
occur at longitudinal joints through worn spreader box squeegees, or that an excessive amount
of emulsion does not build up at transverse joint locations during remount periods of the slurry
machine. Any such occurrences should be rectified by removing from the roadway surface,
those excess amounts by squeegee or other suitable means.
Slurry seal shall not be applied when either the ambient or pavement temperature is 30 degrees
Celsius and falling, but may be applied when both the ambient and pavement temperature is 70
degrees Fahrenheit and rising. The Slurry seal shall be applied only when weather conditions
are conducive to obtaining a satisfactory surface and shall not be applied during periods of
abnormally high relative humidity.
Page 64 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
SPECIFICATIONS FOR EMULSIFIED ASPHALT SLURRY SEAL SURFACE:
DESCRIPTION.
The work covered by this specification consists of furnishing all plant, labour, equipment and
materials and performing all operations, including traffic control, necessary in connection with
the application of a slurry seal surface, complete, in strict accordance with this specification.
The slurry seal shall consist of a mixture of emulsified asphalt, mineral aggregate, Portland
Cement mineral filler, and water, properly proportioned, mixed and spread on the surface as
specified herein and as directed by the Manager of Transportation Services.
MATERIALS AND APPROVAL:
The Contractor shall advise the Manager of Transportation Services of the source of materials,
the mix proportions and the aggregate grading's, which he proposes to use, and shall obtain the
Manager of Transportation Services' approval of materials, as well as mix proportions, prior to
commencing the work. Samples shall be taken periodically during the progress of the work to
ensure conformance with the specifications approved.
All materials incorporated in the work shall meet the following requirements:
(a) Asphalt Emulsion:
The asphalt emulsion shall be rapid setting type specially designed for slurry seal work,
and as approved by the Manager of Transportation Services.
(b) Aggregate:
The aggregate will consist of clean, sound, durable limestone screenings, which shall be
free of clay, loam and other deleterious materials. Portland Cement mineral filler shall be
considered part of the blended aggregate. The final aggregate gradation, including
mineral fillers, if required, shall fall within the following limits:
Sieve Size % Passing
9.5 mm 900
4.75 mm 85-100
2.36 mm 65-90
1.18 mm 45 -70
600p m 30-50
300p 18 -30
150p 10 -21
75 pm 5 -15
(c) Water.
All water used with the slurry seal mixture shall be potable and free from harmful soluble
salt.
9
Page 65 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
COMPOSITION OF SLURRY SEAL:
The amount of asphalt emulsion to be blended with the aggregate shall be adjusted to secure a
residual asphalt content of 7.5 to 13.5% by weight of dry aggregate in the finished seal coat.
Only the least amount of water necessary to obtain a fluid and homogeneous mixture without
segregation shall be added. At all times, segregated mixes will be rejected. The Contractor
shall, at his own expense, make trial batches to determine the ultimate blend of mineral
aggregate and residual asphalt. The Manager of Transportation Services shall give final
approval to the design used
EQUIPMENT.
All equipment, tools, and machines used in the performance of this work shall be maintained in
satisfactory working condition subject to the approval of the Manager of Transportation
Services.
(a) Mixer.
The slurry seal mixing machine shall be a continuous flow mixing unit equipped for
delivering accurately metered proportions of water, aggregate, fines and asphalt emulsion
to a revolving spiralled multiblade mixer tank and to discharge the thoroughly mixed
product on a continuous basis.
A minimum of two (2) slurry seal units shall be used.
APPLICATION OF SLURRY SEAL SURFACE.
Approved hand squeegees shall be used to spread slurry in areas non - accessible to the slurry
mixer.
The Contractor will provide and maintain suitable protection on manhole covers, catch basins
and open grates during spreading operations. A light film of coal oil is to be applied to all covers
and castings prior to spreading and same are to be brushed clean of slurry following application.
The successful bidder will, at all times, work in close liaison with the Township of Oro - Medonte
Manager of Transportation Services, or her Representative, and all works shall be done solely at
the discretion of the Manager of Transportation Services.
WORKING TIME LIMITS:
The Contractor will be allowed to carry out operations only during daylight hours between 7:00
a.m. and 5:00 p.m., Monday through the following Friday, except Statutory or Civic Holidays,
unless otherwise approved or directed by the Manager of Transportation Services.
The work is to be completed during the time period of May 30, 2013 to August 31, 2013.
io
Page 66 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
TRAFFIC CONTROL:
The Contractor will be responsible for all traffic control and will supply aN traffic control devices
as specified in, and will comply with Ministry of Transportation and Township By -laws.
No compensation other than that provided under the Contract unit price will be made for
protection of the work or for the control of traffic.
Any damage to the new surface during the curing period done by traffic or the Contractor's
equipment will be repaired at the Contractor's expense.
MEASUREMENT AND PAYMENT.
The slurry seal surface shall be measured and paid for by the square metre of work completed
and accepted as designated by the Manager of Transportation Services. Payment shall include
all costs arising in performing the work, including plant, labour, equipment, materials, and all
other costs, except costs resulting from operations detailed under Traffic Control.
QUANTITIES:
The Contractor will supply sufficient equipment, labour and materials to complete a minimum of
12,000 square metres per working day.
SUB - CONTRACTORS:
The Contractor shall not use sub - Contractors, un less otherwise approved and is at the sole
discretion of the Manager of Transportation Services.
PREVIOUS EXPERIENCE:
The Tenderer shall submit a resume of previous experience. List below other slurry seal
contracts undertaken by Tenderer.
YEAR
JOB
AUTHORITY
VOLUME
2012
Slurry Seal
Township of Oro- Medonte
34300 sq.m.
2012
Slurry Seal
TOwnship of Ramara
24000 sq.m.
2012
Slurry Seal
Town of Innisfil
164700 sq.m.
11
Page 67 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
QUICK BREAK SLURRY SEAL
All roadways will require the use of quick breaking slurry, the emulsifier shall be "INDULIN MQK"
or the equivalent. The Contractor will quote the material used and supplier of the Quick Set
Emulsifier, for approval by the Manager of Transportation Services.
12
Page 68 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
SCHEDULE "A"
LIST OF BIDDER'S EQUIPMENT
Please list the equipment to be used for Contract No. TES2013 -01 and specify whether the
equipment to be used is owned by your firm or rented.
NO. OF UNITS
YEAR
MAKE
MODEL
1
2010
Bergkamp
M1 Continuous Machine
1
2009
Bergkamp
M1 Continuous Machine
1
1995
Bergkamp
M1 Continuous Machine
3
2009
Bergkamp
Support Units
3
2007
Bergkamp
Support Units
1
2005
Bergkamp
M210
2
2004
Bergkamp
M210
1
Note — AIL
1997
equipment
Bergkamp _][MTO6
owned by Duncor Enter
rises Inc. * ***
13
Page 69 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this 27 day of March 2093.
BETWEEN:
Duncor Enterprises Inc. of the
City of Barrie in the
District or County of S i m c o e
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 Manager of Transportation Services or herRepresentative, 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.
14
Page 70 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
The Contractor further agrees that he will deliver the whole of the works, completed in
accordance with this Agreement on or before the 31st day of August, 2013.
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
Signature of the Clerk
Signature of the Mayor
with Seal
15
Al 2
Signature of Corporation
Seal of Corporation
Page 71 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
Page 72 of 211
15a) A By -Law to Authorize the Execution of an Agreement...
Page 73 of 211
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Page 73 of 211
15b) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
By -Law No. 2013 -069
A By -Law to Authorize the Execution of an Agreement Between
the Township of Oro - Medonte and K.J. Beamish Construction Co. Ltd.
for Hot Mix Paving (Tender TES2013 -02)
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. C130424 -20, the successful bidder of Tender TES2013 -02 to
be K.J. Beamish Construction Co. Ltd.;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2013 -02 for the supply of hot mix paving;
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. TES2013 -02 attached hereto as Schedule "A" and forming part of this By-
Law.
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 MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 74 of 211
15b) A By -Law to Authorize the Execution of an Agreement...
"A:, ) a �j -low XG 3 vt 9
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
'Township of
Proud Heritage, Exciting Future
CONTRACT NO. TES2013 -02
TENDER FOR HOT MIX PA VING
Page 75 of 211
15b) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Thursday March 28, 2013 at 10 :00 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. TES2013 -02"
and addressed to Lisa McNiven, Manager, Transportation Services, Township of Oro - Medonte,
Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the
Manager, Transportation Services, Township of Oro - Medonte, Administration Centre, 148 Line 7
South, ORO, Ontario LOL 2X0.
For further information, please contact:
Lisa McNiven
Manager of Transportation Services
Township of Oro - Medonte
Telephone: (705) 487-2171
The Contractor must grade and compact prior to paving on each section.
To supply and place hot mix asphalt at various locations throughout the municipality.
The Contractor must supply and place shoulder gravel on each road section after paving.
2
Page 76 of 211
15b) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -02
NOTICE TO BIDDERS:
1. Workplace Safety and Insurance:
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 must also supply the Township of Oro - Medonte with a copy of a Traffic
Protection Plan, in accordance with Book #7.
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.
TES2013 -02.
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 amount. Payment will be
made on the unit price tendered.
4. 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.
5. All work is to be performed under the supervision of the Manager of Transportation
Services or her Representative.
PLEASE REVIEW THE ASPHALT CEMENT PRICE INDEX CLAUSE AT THE BACK OF THE
TENDER.
6. Accessibility for Ontarians with Disabilities:
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.
3
Page 77 of 211
15b) A By -Law to Authorize the Execution of an Agreement...
TENDERING REQUIREMENTS
Tender Deposit:
A certified cheque made payable to the Township of Oro- Medonte for 10% of the total bid must
accompany this tender. The certified cheque of the successful bidder will be retained until the
Municipality's acceptance of the work. 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 Rejection 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:
The following requirements and conditions shall be included in all agreements with
Contractors (and sub - Contractors) engaged by or on behalf of the Owner:
Contractors acknowledge that they have read and understood the Occupational
Health and Safety Act (OHSA) (R. S. 0. 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 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.
Ell
Page 78 of 211
15b) A By -Law to Authorize the Execution of an Agreement...
Occupational Health and Safety (cont'd.).
Vi. 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 Manager 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.
5
Page 79 of 211
15b) A By -Law to Authorize the Execution of an Agreement...
TENDER FOR CONTRACT NO, TES2013 -02
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.
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.
I/We (the Contractor) promise to commence work on:
(To be completed by Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by September 27th, 2013.
BY. Name of Firm or Individual (Hereinafter referred
to as the "Contractor')
Address
Name of Person Signing for Firm (Signature)
Office of Person Signing for Firm
Telephone No.
Page 80 of 211
15b) A By -Law to Authorize the Execution of an Agreement...
GENERAL CONDITIONS
The general conditions of this Contract will be the general conditions as set out in OPS General
Conditions and OPS Section 310, unless stated otherwise, and is pertinent to this Contract,
Traffic control, as outlined in Book #7, shall be strictly adhered to by the Contractor at all times.
Flagmen, who must be supplied by the Contractor, shall wear protective, fluorescent clothing,
hard hats and green patch safety boots.
All conditions as outlined in the Ministry of Transportation Forms 100, 314 and 310, must also be
adhered to by the Contractor. The Contractor shall have the current above -noted Ministry of
Transportation specification numbers in his possession, or a thorough knowledge of what is
contained within them.
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.
Asphalt;
Asphalt must be approved M.T.O. mix design having the approval of the Manager of
Transportation Services or her Representative. Aggregate must be from an approved
commercial source.
Equipment:
The Contractor shall provide all equipment in excellent condition necessary to complete the
required works. Bituminous pavers equipped with automatic screened controls of approved
types must be supplied by the Contractor.
Except where noted below, single pavers, or the lead paver when pavers are operated in echelon,
shall be controlled by a 12 m ski or 12 m floating beam. Where such a ski is a flexible unit, it
shall be equipped with a spring tensioned wire extending between brackets fitted on and slightly
above each end of the ski. The sensing grid shall ride in the wire, not on the ski.
7
Page 81 of 211
15b) A By -Law to Authorize the Execution of an Agreement...
Eauibment (contd.
When two or more pavers are in echelon, pavers following the lead paver shall use joint -
matching shoes designed for the purpose, which shall ride on the previously placed un-
compacted mat.
The automatic transverse slope shall be set for the cross fall desired by the Manager of
Transportation Services and shall be capable of being operated from either side of the paver.
A self - propelled pneumatic tired roller with a self- contained tire inflation system may be used for
intermediate and final rolling. However, should the finished rolled surface not prove satisfactory
to the Manager of Transportation Services or her Representative, then a steel wheel roller will be
required by the Contractor.
Page 82 of 211
15b) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -02
TENDER FOR HOT MIX PAVING
Schedule of unit prices attached to and forming part of the tender for Contract No. TES2013 -02
NO.
LOCATIONS
DESCRIPTION
UNIT
ESTIMATED
UNIT
AMOUNT
QUANTITIES
PRICE
310
Map Attached
Supply and Apply
Tonnes
8245
$
Hot Mix HL4
i
surface course)
Fine Grading and
40,600
Co m action
Shoulder Gravel
Tonnes
1940
H.S.T.
TOTAL TENDER
hh
$
Me hereby agree that the work specified and the material required in the Contract will be
performed in strict accordance with the specifications in this tender.
Signed at the _ f L4_7 of
<-J_ BF'AMISHWNSTRUCTION CO. LIMITED
in the
County of S; .,c vE this ar' day of Ae_,iL , 2013.
K.J. BE,OC.l15Ii TR N CO. LIMITED
PPER......... VICE.PRES.
Signature of Contractor or
Witnesses and Position Held
-7o-S - 51.5 - ��4 7
Name and Telephone No. of Person
To be Contacted for Ordering Supply
N
Signature of the Corporation
Seal of Corporation
Page 83 of 211
15b) A By -Law to Authorize the Execution of an Agreement...
AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this day of
BETWEEN
District or County of
of the
in the
and the Province of Ontario;
Hereinafter called the "Contractor"
THE PARTY OF THE FIRST PART
-and-
2013.
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 an necessary
machinery, tools, equipment, supplies, labour and other means of construction, and to the
satisfaction of the Manager of Transportation Services or her Representative, to do an 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.
10
Page 84 of 211
15b) A By -Law to Authorize the Execution of an Agreement...
The Contractor further agrees that he will deliver the whole of the works, completed in
accordance with this Agreement on or before the 27th day of September, 2013.
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.
C.J. BEAUISH TR ON CO. LIMITED
6�I= R.--- - -.... -. ........ y.� C ...VICE-PRES.
Signature of Contractor, or
Signature of the Clerk
Signature of the Mayor
with Seal
11
Signature of Corporation
Seal of Corporation
Page 85 of 211
15b) A By -Law to Authorize the Execution of an Agreement...
PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF
TRANSPORTATION PERFORMANCE GRADED ASPHALT CEMENT PRICE
INDEX
The Township of Oro - Medonte will adjust the payment to the Tenderer based on
changes to the Ministry of Transportation performance graded asphalt cement
price index. The price index will be published monthly in the Contract Bulletin.
The price index will be used to calculate the amount of the payment adjustment
per tonne of new asphalt cement accepted in the Work.
The price index will be based on the price, excluding taxes, FOB the depots in
the Simcoe County area, of asphalt cement grade PG 58 -28 or equivalent. One
index will be used to establish and calculate the payment adjustment for all
grades.
A payment adjustment per tonne of new asphalt cement will be established for
each month in which paving occurs, when the price index for the month differs by
more than 5% from the price index for the month of April, 2013. When the price
index differential is less than 5 %, there will be no payment adjustment
established for that month. Payment adjustments, due to changes in the price
index, are independent of any other payment adjustments made to the hot mix
tender items.
The payment adjustment per tonne will apply to the quantity of new asphalt
cement in the hot mix accepted in the Work during the month for which it is
established. However, a payment adjustment will not apply to paving work done
after the approved time for completion of the Contract has expired, including the
expiration of any extensions of time that has been granted.
The payment adjustment for the month will be calculated from the following
formulae:
When Ip is greater than 1.05 ITO, the payment adjustment per tonne of
asphalt cement is (Ip — 1.05 ITO) and the Contractor receives additional
compensation of:
PA = (Ip — 1.05 ITO) X quantity of new asphalt cement in tonnes.
2. When Ip is less than .95 ITO, the payment adjustment per tonne of
asphalt cement is (.95 ITO — Ip) and the Owner receives a rebate of:
PA = (.95 ITO — Ip) x quantity of new asphalt cement in tonnes.
Page 86 of 211
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15c) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
By -Law No. 2013 -070
A By -Law to Authorize the Execution of an Agreement Between
the Township of Oro - Medonte and Da -Lee Dust Control
for "Dark Journal" Virgin Oil (Tender TES2013 -03)
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. C130424 -20, the successful bidder of Tender TES2013 -03 to
be Da -Lee Dust Control.;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2013 -03 for the supply of "Dark Journal" Virgin Oil;
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. TES2013 -03 attached hereto as Schedule "A" and forming part of this By-
Law.
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 MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 88 of 211
15c) A By -Law to Authorize the Execution of an Agreement...
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
CONTRACT NO. TES2013 — 03
TENDER FOR "DARK JOURNAL" VIRGIN OIL
Page 89 of 211
15c) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
TENDER CLOSING DATE IS 9 :00 A.M. ON THURSDAY MARCH 28, 2013
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 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.
Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2013 -03"
and addressed to Lisa McNiven, Manager, Transportation Services, Township of Oro - Medonte,
Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the
Manager, Transportation Services, Township of Oro - Medonte, Administration Centre, 148 Line 7
South, ORO, Ontario LOL 2X0.
For further information, please contact:
Lisa McNiven
Manager of Transportation Services
Township of Oro - Medonte
Telephone: (705) 487 -2171
2
Page 90 of 211
15c) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 — 03
NOTICE TO BIDDERS:
1. Workplace Safety and Insurance:
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 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 an
charges, costs, expenses and claims, whatsoever, in connection with this Contract No.
TES2013 - 03.
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 amount. Payment will be
made on the unit price tendered.
4. 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.
5. All work is to be performed under the supervision of the Manager of Transportation
Services or her Representative.
6. Accessibility for Ontarians with Disabilities:
The bidder shall comply with the provisions of the Accessibility for Ontadans 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.
Page 91 of 211
15c) A By -Law to Authorize the Execution of an Agreement...
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 Rejection of Tender:
Tenders may be rejected for any 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:
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 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.
4
Page 92 of 211
15c) A By -Law to Authorize the Execution of an Agreement...
Occupational Health and Safety (cont'd.i;
Vi. 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.
The Contractor shall be responsible for any environmental damages caused while applying the
product or for two (2) days after applying the product.
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, $9,000.00 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.
5
Page 93 of 211
15c) A By -Law to Authorize the Execution of an Agreement...
TENDER FOR CONTRACT NO. TES2013 — 03
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 rile 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.
IMe (the Contractor) promise to commence work on:
Mks jesiyeA
(T6 T6 be completed by Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by:
June 14, 2013
(To be completed by Municipality)
S/3/;L5- oN -f/V /0 ?Q
BY. 0%A DA- Iefr Name of Firm or Individual (Hereinafter referred
35co 4Dlw to as the "Contractor")
S OW LC-K GY✓ 1-66 SN ,?- Address
Name of Person Signing for Firm (Signature)
CEo Office of Person Signing for Firm
10S - 6ql- ?tea X 12- Telephone No.
6
Page 94 of 211
15c) A By -Law to Authorize the Execution of an Agreement...
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 Manager of Transportation 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.
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 Manager of Transportation 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 Manager of Transportation Services and
at the Contractor's own expense, make changes in or other equipment, or shall alter loading or
shall in some other manner, remove the cause of such damage to the satisfaction of the Manager
of Transportation 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.
Page 95 of 211
15c) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -03
TENDER FOR "DARK JOURNAL" VIRGIN OIL
Schedule of unit prices attached to and forming part of the tender for Contract No. TES2013 -03
ITEM
SPEC.
DESCRIPTION
UNIT
ESTIMATED
UNIT
TOTAL
NO.
NO.
OF ITEM
QUANTITIES
PRICE
1.
Dark Journal
Litres
36,364
4 5 q 3 �G
Virgin Oil
H.S.T. No.
H.S.T. $
TOTAL $ 0,91G,01
1/We hereby agree that the work specified and the material required in the Contract will be
performed in strict accordance with the specifications in this tender.
Cl-ry
Signed at the CekEK , ofd of S7av� � Old in the
County of Y MILTc\; - VC,NTwag -fN this day of HA4c14 .2013.
`Signature of ontractor or AApi1N , &WAg7-
Witnesses and Position Held
ofto Z66 PS
( v � x 17
Name and Telephone No. of Person
To be Contacted for Ordering Supply
Signature of the Corporatic
Seal of Corporation
Page 96 of 211
15c) A By -Law to Authorize the Execution of an Agreement...
AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this 94 day of ! 1AL n 2013.
BETWEEN
5/305- OA17ft%10 11,0 d1 , ,J -lee 46--7 (4Y 7i the
CrrK of 9&ftt7a1y in the
District or County of )M 1 t-TVV — (al/ gV7WV771
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 Manager of Transportation Services or her 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:
Supplying, hauling and applying "Dark Journal" Virgin Oil to roads within the Township of Oro -
Medonte, as directed by the Manager of Transportation Services or her Representative.
Page 97 of 211
15c) A By -Law to Authorize the Execution of an Agreement...
The Contractor further agrees that he will deliver the whole of the works, completed in
accordance with this Agreement on or before the 9 day of June, 2093.
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
Signature of the Clerk
Signature of the Mayor
with Seal
zo
Signature of Cor ation
Seal of Corpo "n
n
Page 98 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
By -Law No. 2013 -071
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 Supplying, Hauling, Mixing and Piling of Winter Sand (Tender TES2013 -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. C130424 -20, the successful bidder of Tender TES2013 -04 to
be Dalton R. Lowe and Sons Construction Ltd.;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2013 -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. TES2013 -04 attached hereto as Schedule "A" and forming part of this By-
Law.
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 MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 99 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
Township of
Proud .Heritage, Exciting Future
CONTRACT NO, TES2013 -04
TENDER FOR THE SUPPLYING, HAULING,
MIXING, AND PILING OF WINTER SAND
Page 100 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 at 10:00 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. TES2013 -04"
and addressed to Lisa McNiven, Manager of Transportation Services, Township of Oro - Medonte,
Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the
Manager of Transportation Services, Township of Oro - Medonte, Administration Centre, 148 Line
7 South, ORO, Ontario LOL 2X0,
For further information, please contact:
Lisa McNiven
Manager of Transportation Services
Township of Oro - Medonte
Telephone: (705) 487 -2171
TENDER FOR SOUTH YARD:
TENDER FOR NORTH YARD:
SOUTH YARD LOCATIONS. 1) Patrol Yard - Lot 16, Concession 14 (Oro)
2) Sand Storage Shed - Lot 11, Concession 7 (Oro)
NORTH YARD LOCATIONS: 1) Patrol Yard - Lot 16, Concession 9 (Medonte)
2) Sand Storage Shed - Lot 7, Concession 7 (Medonte)
2
Page 101 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -04
NOTICE TO BIDDERS:
1. Workplace Safety and Insurance:
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 must also supply the Township of Ora - Medonte with a copy of a Traffic
Protection Plan, in accordance with Book #7.
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. TES2013 -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.
5. 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 20 %,
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 Manager of Transportation
Services or her Representative.
8. Accessibility for Ontarians with Disabilities:
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.
3
Page 102 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
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;
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.
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.
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.
4
Page 103 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
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.
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.
Penaltv Clause:
If the Contractor shall fail to complete the work in accordance with the Contract and to the
satisfaction of the Manager 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.
5
Page 104 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
TENDER FOR CONTRACT NO, TES2013 -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 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:
(To be completed by Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by:
October 18, 2013
(To be completed by Municipality)
RY.
Name of Firm or Individual (Hereinafter referred
to as the "Contractor ")
Address
Name of Person Signing for Firm (Signature)
Office of Person Signing for Firm
Telephone No.
0
Page 105 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
TENDER FOR CONTRACT NO. TES2013 -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 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.
l/We (the Contractor) promise to commence work on:
+n9 he n r & c iw i bLi Ma.nay -et
A trans J -1-WO -A c s
(To be completed by Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by.
October 18, 2013
(To be completed by Municipality)
BY. COO- 35R.uCy11o.`1 So. Name of Firm or Individual (Hereinafter referred
- J,c,3 Vh L- H-LAn-1 26 to as the "Contractor ")
P. 0 30Y-1 0
sir M-J0YL c J LCra ('&G Address
p ec % � , Name of Person Signing for Firm (Signature)
BC)a wLJE
P(,� s. 0& Office of Person Signing for Firm
-10 5- Lk- a-6 .1b3 Telephone No.
Ai1A(4W-CD�J516 Ct.e7i ArJC.E 6
1,J S 1.1,tA n! " C4M7,X 1 C IWC-
0 CJ OP-
Page 106 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
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 Manager of Transportation 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.
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 Manager of Transportation 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 Manager of Transportation 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 Manager
of Transportation 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
Page 107 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
MEASUREMENT FOR PAYMENT
Measurement for payment, of granular materials, will include only those materials incorporated
into the work and accepted by the Manger of Transportation 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 Manger of
Transportation Services or her Representative.
I/We (the Contractor) have reviewed the above and understand the procedures implied.
j�Rti°Q-1 r . l SIC .S4 Ste, s5 eGrIS�7��t, -ia,� t��
W r5 l-I W G
Name of Person Signing for Firm Signature
FZ
Page 108 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES201 3-04
TENDER FOR WINTER SAND
FORM 1- SOUTH YARD
TENDER
SPEC.
ITEM
NO.
DESCRIPTION
ESTIMATED
QUANTITY
UNIT
PRICE
TOTAL
HAUL AND MIX TO
1.
531
TOWNSHIP PATROL YARD
3,800 Tonnes
0'
°��"�0��
(location and amount
subject to change)
HAUL, MIX AND PILE IN
S(1'((-0 00
2.
531
TOWNSHIP SAND
9,000 Tonnes
-
STORAGE SHED
H.S.T No. 13G�J(3� �2 c�oi
H.S.T $ 101(c3 14
TOTAL TENDER AMOUNT $ 013561.-14
Signed at the 'j uL,JoJSrhP of CLAgn .Jac- �1J in the
County of S k M cGG this day of fhAtCc_H , 2013.
QA,;;i 0,J 2 • ^_10 %o.sS LW.
-
Signature of Contractor or
Witnesses and Position Held
1Lko3 rrl 6H t,JA`1 2b, 6ox -10, S ir( �4,Jr t "(so
Name, Address and Telephone No. of Person1�35
To be Contacted Regarding Information and /or
Performance of the Contract
Tender accepted by Resolution of Council on , 2013.
9
Page 109 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -04
TENDER FOR WINTER SAND
FORM 2 - NORTH YARD
SPEC.
TENDER
ITEM
DESCRIPTION
ESTIMATED
UNIT
TOTAL
NO.
QUANTITY
PRICE
HAUL, MIX AND PILE IN
�—t
�`"�'
1.
531
TOWNSHIP SAND
7,500 Tonnes
I.
J3�Jp_�a
[ -D`�
STORAGE SHED AT PIT
YARD
HAUL, MIX AND PILE AT
-7,14
2.
531
THE TOWNSHIP PATROL
1,800 Tonnes
H.S.T. No. 13�`�3� -2�►
H.S.T. $ &3a .��
TOTAL TENDER AMOUNT $ 1 61034. a6
Signed at the ICh J S++, P of C �t"rrf Ui � �
in the
County Si M co !Z, this XsA day of M /I2 c H , 2013.
tof/�
Signature of Contractor or
Witnesses and Position Held
PO 13 co'j�. C 0 5
� 3 4ile« -1 l.JA -f 1b e' 6. �YiJ
To be�Contacted Regarding Information and /or
Performance of the Contract
Tender accepted by Resolution of Council on
, 2013.
10
Page 110 of 211
a B ja
[ -D`�
YARD
Page 110 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this � 6'k day of ")Vg 2 < <A 2013.
BETWEEN
Cf11 ro,l R . pwo Sflr.1S of the
IojliSrh P or" e�Ua _%ftWin/ in the
District or County of S %M (_ c)E,
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 Manager of Transportation Services or her 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. TES2013 -04 is to supply, haul and mix sand to the Township of Oro- Medonte in
quantities as per Form of Tender Contract No. TES2013 -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 gt-h day of October, 2013.
11
Page 111 of 211
15d) A By -Law to Authorize the Execution of an Agreement...
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.
G)'�l TOJ LO1.-AL A-rJJ
C�r�SS��- ttiGn�,J �O
Signature of Contractor, or
Signature of the Clerk
Signature of the Mayor
with Seal
12
Signature of Corporation
Seat of Corporation
Page 112 of 211
15e) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
By -Law No. 2013 -072
A By -Law to Authorize the Execution of an Agreement Between
the Township of Oro - Medonte and Ron Burton & Sons
for Roadside Grass Cutting and Pumphouse Facilities,
Summer Seasons of 2013/2014/2015 (Tender TES2013 -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. C130424 -20, the successful bidder of Tender TES2013 -05 to
be Ron Burton & Sons;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2013 -05 for Roadside Grass Cutting and Pumphouse Facilities, Summer
Seasons of 2013/2014/2015;
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. TES2013 -05 attached hereto as Schedule "A" and forming part of this By-
Law.
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 MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 113 of 211
l5e) A By -Law to Authorize the Execution of an Agreement...
TENDER FOR THE
TOWNSHIP OF ORO— MEDONTE
o5 r� +
GC (L_( --P L��
of
Wown-ship 077
Proud Heritage, Exciting Futul -e
CONTRACT NO. TES2013 -05
TENDER FOR ROADSIDE GRASS CUTTING AND
PUMPHOUSE FACILITIES, COMMUNITY TILE BEDS
SUMMER SEASONS OF 20131201412015
Page 114 of 211
15e) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 at 10.00 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. TES2013 -05"
and addressed to Lisa McNiven, Manager, Transportation Services, 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 Manager, Transportation Services, Township of Oro - Medonte, Administration
Centre, 148 Line 7 South, ORO, Ontario LOL 2X0.
For further information, please contact.
Lisa McNiven
Manager of Transportation Services
Township of Oro - Medonte
Telephone: (705) 487 -2171
NOTE. Bidders have the option to tender on:
Form 1 Roadside Grass Cutting
Form 2 Municipal Community Tile Beds and Water Pumphouse Facilities
NOTICE. The Contractor should consider the equipment necessary, if bidding on both Forms,
to ensure timely completion of the work. This is a three-year Contract for the summer seasons
of 20131201412015.
Page 115 of 211
15e) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -05
NOTICE TO BIDDERS:
1. Workplace Safetv 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.
TES2013- 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.
4. 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.
5. All work is to be performed under the supervision of the Manager of Transportation
Services or her representative.
6. Accessibility for Ontarians with Disabilities:
i. 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.
Page 116 of 211
15e) A By -Law to Authorize the Execution of an Agreement...
TENDERING REQUIREMENTS
Tender Deposit:
A certified cheque made payable to the Township of Oro - Medonte for 10910' 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;
d) Incomplete bids (all items not bid);
e) Qualified or conditional bids;
t) 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.0. 1990 C. 0.1) and regulations, made under that
statute.
Y. 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 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.
Page 117 of 211
15e) A By -Law to Authorize the Execution of an Agreement...
Occupational Health and Safety (cont'd.):
vi. 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.
Page 118 of 211
15e) A By -Law to Authorize the Execution of an Agreement...
TENDER FOR CONTRACT NO. TES2013 -05
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 tendered 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.
I/We (the Contractor) promise to commence work on:
(To be completed by Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by.
JuIV 315t of each year (for roadside cuttincr)
(To be completed by Municipality)
"Z IA
Name of Firm or Individual (Hereinafter referred
to as the "Contractor ")
Address
Name of Person Signing for Firm (Signature)
Office of Person Signing for Firm
Telephone No.
6
Page 119 of 211
15e) A By -Law to Authorize the Execution of an Agreement...
TENDER - wspai_042748.pdf hup:// www. oro- mcdonte.ca/ws _par /groups/public/ @pub / @oromed/d...
TENDER FOR CONTRACT NO. TES2013 --05
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 fetter of Credit for
10% of the tendered 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 rile 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.
I/We (the Contractor) promise to commence work on:
16,,r /ob
(To be completed by Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by:
July 31St of each year (for roadside cuffing)
(To be completed by Municipality)
1583429 Ontario Limited O/A
S Y.• Ron Burton & Sons Name of Firm or Individual (Hereinafter referred
8 Georgian Drive to as the "Contractor ")
Warminster, ON
Address
Name of Person Signing for Firm (Signature)
Adam R. Burton
Vice - President Office of Person Signing for Firm
(705) 327 -4229 Cell
6of12
Telephone No.
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CONTRACTNO. TES2013 -05
TENDER FOR ROADSIDE GRASS CUTTING - FORM 1
H.S.T. No. 861911477RT0001
H.S.T. $_2301
TOTAL TENDER $ 17,700 + HST
IIWe hereby agree that the work specifled and the material required In the contract will be
performed in strict accordance with the specifications In this tender.
Signed at the village of Warminster in the
County of
Simcoe
Signature of Contractor or
Witnesses and Position Held
Adam R. Burton
(705) 327 -4229 Cell
Name and Telephone No. of Person
To be Contacted
8of12
this day of March 2013.
gnafure of the Corporation
Seal of Corporation
Adam R. Burton Vice — President
(I have the authority to bind the
corporation)
L:
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Page 121 of 211
DESCRIPTION OF
2013
2094
2015
UNIT
ITEM
QUANTITIES
UNIT
UNIT
UNIT
TOTAL
PRICE
PRICE
PRICE
GRASS CUTTING
$5800
$5900
$6000
$17,700
1.
ROAD ALLOWANCE -
600 KM
LUMPSUM
+HST
+HST
+HST
+HST
PRIVATE LOT - LUMP
$ 7 0
$ 7 0
$ 7 0
$ 7 0
2.
SUM CUTTING - 0.5 HA
EACH
OR LESS
+HST
+HST
+HST
+HST
PRIVATE LOT PER HA
$ 70
$ 70
$ 70
$ 70
3.
CUTTING 0.5 HA AND
HA
GREATER
+HST
+HST
+HST
+HST
PRICE FOR SECOND
$ 6 0
$ 6 0
$ 6 0
$ 6 0
4.
CUT, INCLUDING
HR
OFFSET FLAIL MOWER,
+HST
+HST
+HST
+HST
AS REQUIRED BY THE
DIRECTOR
H.S.T. No. 861911477RT0001
H.S.T. $_2301
TOTAL TENDER $ 17,700 + HST
IIWe hereby agree that the work specifled and the material required In the contract will be
performed in strict accordance with the specifications In this tender.
Signed at the village of Warminster in the
County of
Simcoe
Signature of Contractor or
Witnesses and Position Held
Adam R. Burton
(705) 327 -4229 Cell
Name and Telephone No. of Person
To be Contacted
8of12
this day of March 2013.
gnafure of the Corporation
Seal of Corporation
Adam R. Burton Vice — President
(I have the authority to bind the
corporation)
L:
3/15/2013 10:48 AM
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SPECIAL PROVISIONS FOR CONTRACT NO. "r`ES2013 -05
MUNICIPAL COMMUNITY TILE BEDS AND WATER PUMPHOUSE FACILITIES
GRASS CUTTING
FORM 2
Design:
MUNICIPAL COMMUNITY TILE BEDS:
Cutting shall begin during the first week of June.
The Municipal community tile beds are not manicured lawns and will be cut a minimum of four
(4) times per season to control weeds and brush, as requested by the Manager of Engineering
and Environmental Services or his representative.
The following is a list of the Municipal community the beds:
Tile.Bed #
2013 ^Unit Price:
2tJ l4 Urilt,Pirice'
2015 Unit Price
T.F. #1
T.F #2A
$
$
85
85
+
+
HST
HST
$85
$85
+
+
HST
HST
$
$
85
85
+
+
HST
HST
T.F. #2B
$
85
+
HST
$85
+
HST
$
85
+
HST
T.F. #3
$
85
+
HST
$85
+
HST
$
85
+
HST
T.F. #4
$
85
+
HST
$85
+
HST
$
85
+
HST
*see attached map*
The Township reserves the right to stop work at any time if the job is not progressing
satisfactorily.
WATER PUMPHOUSE FACILITIES:
Cutting shall begin during the first week of June.
The water pumphouse facilities are not manicured lawns and will be cut a minimum of four (4)
times per season to control weeds and brush, as requested by the Manager of Transportation
Services or her representative.
The following Is a list of the water pumphouse facilities:
9
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MUNICIPAL COMMUNITY TILE BEDS AND WATER PUMP14OUSE FACILITIES
GRASS CUTTING
FORM 2
Name and Address
20,13, tlnit`Price
2014 Unit Price
2015 Unit Price
of,P,um house
Canterbury
1 Somerset Blvd.
$
45
+HST
$
45
+HST
$
45
+HST
Oro Station
Cedarbrook
1547 Ridge Road East
$
45
+HST
$
45
+ HST
$
45
+HST
Hawkestone
Horseshoe Highlands
$
45
+HST
$
45
+HST
$
45
+HST
1A Country Club Lane
Horseshoe Highlands
$
45
+ HST
$
45
+ HST
$
45
+H S T
Water Tower
Sugarbush Well #1
$
45
+HST
$
45
+HST
$
45
+HST
10 Huronwoods Dr.
Sugarbush Well #2
$
45
+HST
$
45
+ HST
$
45
+HST
3310 Line 6 North
Sugarbush Booster Station
$
45
+HST
$
45
+HST
$
45
+HST
67 Huronwoods Drive
Sugarbush Reservoir
$
45
+ HST
$
45
+HST
$
45
+H S T
6 Oneida Avenue
Warminster Booster Station
$
45
+HST
$
45
+HST
$
45
+HST
1 Geor tan Drive
Warminster Well
$45
+HST
$
45
+HST
$
45
+HST
2093 Warminster Sideroad
Maplewood
$
45
+HST
$
45
+HST
$
45
+HST
40 Maplewood Parkway
The Township reserves the right to stop work at any time if the fob Is not progressing
satisfactorily.
NOTE. All municipal community the beds and water pumphouse facilities will be cut using a
regular or mid -sized lawn and garden tractor with a minimum of a four (4) foot cutting deck_
IM
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AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this 25th day of March 2013.
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 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 Manager of Transportation Services or her representative, to do all the
work as described hereafter, furnish all the materials, except as herein otherwise specifled,
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.
11
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The Contractor further agrees that he will deliver the whole of the works, completed in
accordance with this Agreement on or before the 391` day of July of each year (for roadside
cutting).
The Contractor agrees that such monies may be deducted from any monies due the
Contractor on any account whatsoever.
IN CONSIDERATION WHEREOF said Marty 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 rgnature of Corporation
Seal of Corporation
Signature of the Clerk
Signature of the Mayor
with Seal
Adam R. Burton Vice - President
(I have the authority to bind the corporatoc
I
3/15/2013 10:48 AM
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15f) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
By -Law No. 2013 -073
A By -Law to Authorize the Execution of an Agreement Between
the Township of Oro - Medonte and Woodrow Family Farms
for Roadside Grass Cutting, Community Tile Beds, Summer Seasons of
2013/2014/2015 (Tender TES2013 -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. C130424 -20, the successful bidder of Tender TES2013 -05 to
be Woodrow Family Farms;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2013 -05 for Roadside Grass Cutting, Community Tile Beds, Summer Seasons
of 2013/2014/2015;
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. TES2013 -05 attached hereto as Schedule "A" and forming part of this By-
Law.
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 MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 126 of 211
15f) A By -Law to Authorize the Execution of an Agreement...
aA �� f5v-�atw U13-Q13
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
�I
Town hp of
Proud Heritage, Exeitino Future
CONTRACT NO. TES2013 -05
TENDER FOR ROADSIDE GRASS CUTTING AND
PUMPHOUSE FACILITIES, COMMUNITY TILE BEDS
SUMMER SEASONS OF 20131201412015
Page 127 of 211
15f) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 at 10.00 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. TES2013 -05"
and addressed to Lisa McNiven, Manager, Transportation Services, 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 Manager, Transportation Services, Township of Oro - Medonte, Administration
Centre, 148 Line 7 South, ORO, Ontario LOL 2X0.
For further information, please contact:
Lisa McNiven
Manager of Transportation Services
Township of Oro - Medonte
Telephone: (705) 487 -2171
NOTE: Bidders have the option to tender on:
Form 1 Roadside Grass Cutting
Form 2 Municipal Community Tile Beds and Water Pumphouse Facilities
NOTICE: The Contractor should consider the equipment necessary, if bidding on both Forms,
to ensure timely completion of the work. This is a three -year Contract for the summer seasons
of 20131201412015.
2
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15f) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -05
NOTICE TO BIDDERS:
1. Workplace Safety and Insurance:
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.
TES2013- 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.
4. 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.
5. All work is to be performed under the supervision of the Manager of Transportation
Services or her representative.
6. Accessibility for Ontarians with Disabilities:
i. 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.
3
Page 129 of 211
15f) A By -Law to Authorize the Execution of an Agreement...
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 Rejection 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:
L 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 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.
Page 130 of 211
15f) A By -Law to Authorize the Execution of an Agreement...
Occupational Health and Safety (cont'd.):
vi. 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.
Penaltv 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.
Page 131 of 211
15f) A By -Law to Authorize the Execution of an Agreement...
TENDER FOR CONTRACT NO. TES2013 -05
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 tendered 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.
I/We (the Contractor) promise to commence work on:
(To be completed by Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by.
July 31St of each year (for roadside cutting)
(To be completed by Municipality)
BY:
Name of Firm or Individual (Hereinafter referred
to as the "Contractor ")
Address
Name of Person Signing for Firm (Signature)
Office of Person Signing for Firm
Telephone No.
Page 132 of 211
15f) A By -Law to Authorize the Execution of an Agreement...
SPECIAL PROVISIONS FOR CONTRACT NO. TES2013 -05
ROADSIDE GRASS CUTTING
FORM 1
Design:
1. First cut shall begin the last week in June, or as requested by the Manager of Transportation
Services or her representative.
2. Cuffing of existing roadside shall consist of a minimum of 1.8 metres (6 feet) width, starting
at the shoulder and following the ditch slope to the ditch line.
3. Equipment supplies shall conform to all safety requirements for off -road vehicles under the
Highway Traffic Act.
4. A second cut shall begin the first week of August, or as requested by the Manager of
Transportation Services or her representative.
5. The second cut shall consist of a minimum of 1.8 metres (6 feet) width, starting at the
shoulder and following the ditch slope to the ditch line. Immediately following this cut will
be an offset flail type mower with a minimum cut of 1.8 metres (6 feet) to follow the front
slope of ditch to the ditch line. This flail type mower must be capable of cutting fine brush
and coarse weeds.
6. The Township reserves the right to stop work at anytime if the job is not progressing
satisfactorily.
Page 133 of 211
15f) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -05
TENDER FOR ROADSIDE GRASS CUTTING - FORM 1
H.S.T. No.
H.S.T. $
TOTAL TENDER $
I/We hereby agree that the work specified and the material required in the contract will be
performed in strict accordance with the specifications in this tender.
Signed at the
County of
Signature of Contractor or
Witnesses and Position Held
Name and Telephone No. of Person
To be Contacted
of
this day of
Signature of the Corporation
Seal of Corporation
in the
2013.
Page 134 of 211
DESCRIPTION OF
2013
2014
2015
UNIT
ITEM
QUANTITIES
UNIT
UNIT
UNIT
TOTAL
PRICE
PRICE
PRICE
GRASS CUTTING
1.
ROAD ALLOWANCE -
600 KM
LUMP SUM
PRIVATE LOT - LUMP
2.
SUM CUTTING - 0.5 HA
EACH
OR LESS
PRIVATE LOT PER HA
3.
CUTTING 0.5 HA AND
HA
GREATER
PRICE FOR SECOND
4.
CUT, INCLUDING
HR
OFFSET FLAIL MOWER,
AS REQUIRED BY THE
DIRECTOR
H.S.T. No.
H.S.T. $
TOTAL TENDER $
I/We hereby agree that the work specified and the material required in the contract will be
performed in strict accordance with the specifications in this tender.
Signed at the
County of
Signature of Contractor or
Witnesses and Position Held
Name and Telephone No. of Person
To be Contacted
of
this day of
Signature of the Corporation
Seal of Corporation
in the
2013.
Page 134 of 211
15f) A By -Law to Authorize the Execution of an Agreement...
SPECIAL PROVISIONS FOR CONTRACT NO. TES2013 -05
MUNICIPAL COMMUNITY TILE BEDS AND WATER PUMPHOUSE FACILITIES
GRASS CUTTING
FORM 2
Design:
MUNICIPAL COMMUNITY TILE BEDS.
Cutting shall begin during the first week of June.
The Municipal community tile beds are not manicured lawns and will be cut a minimum of four
(4) times per season to control weeds and brush, as requested by the Manager of Engineering
and Environmental Services or his representative.
The following is a list of the Municipal community the beds;
Tile Bed # 2013 Unit Price 2074 Unit Price 2075 Unit Price
T.F. #1
*see attached map*
The Township reserves the right to stop work at any time if the job is not progressing
satisfactorily.
WATER PUMPHOUSE FACILITIES:
Cutting shall begin during the first week of June.
The water pumphouse facilities are not manicured lawns and will be cut a minimum of four (4)
times per season to control weeds and brush, as requested by the Manager of Transportation
Services or her representative.
The following is a list of the water pumphouse facilities:
9
T. F. #2A '�� .
aU
�o
T.F. #2B
T. F.
Page 135 of 211
#3
T.F. #4
Page 135 of 211
15f) A By -Law to Authorize the Execution of an Agreement...
MUNICIPAL COMMUNITY TILE BEDS AND WATER PUMPHOUSE FACILITIES
GRASS CUTTING
FORM 2
Name and Address
2013 Unit Price
2014 Unit Price
2015 Unit Price
of Pum house
Canterbury
a. 6 o
p d
� �� G� 0
1 Somerset Blvd.
Oro Station
-�
Cedarbrook
1547 Ridge Road East
Hawkestone
�V 6r. 00
�� ��
0
Horseshoe Highlands
_
1A Countty Club Lane
Horseshoe Highlands
%
,'
Water Tower
7
'PC"
Sugarbush Well #1
060-011.
60
d
10 Huronwoods Dr,
I-a"
Sugarbush Well #2
�' d
®
(;0 - C9 0
3310 Line 6 North
/-,2' 74-9
Sugarbush Booster Station
9 �O' O c)
�/�' CO
d d -
67 Huronwoods Drive
V
Sugarbush Reservoir
6 Oneida Avenue
Warminster Booster Station
a 0
�G
ff 600 - 010
1 Georgian Drive
Warminster Well
00
�p U�
4 d
2093 Warminster Sideroad
Maplewood
40 Maplewood Parkway
The Township reserves the right to stop work at any time if the job is not progressing
satisfactorily.
NOTE; All municipal community tile beds and water pumphouse facilities will be cut using a
regular or mid -sized lawn and garden tractor with a minimum of a four (4) foot cutting deck.
io
Page 136 of 211
15f) A By -Law to Authorize the Execution of an Agreement...
AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this day of 2013.
BETWEEN.
of the
in the
District or County of
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 Manager of Transportation Services or her 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.
11
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The Contractor further agrees that he will deliver the whole of the works, completed in
accordance with this Agreement on or before the 31st day of July of each year (for roadside
cutting
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
Signature of the Clerk
Signature of the Mayor
with Seal
12
tignature of Corporation
Seal of Corporation
Page 138 of 211
15f) A By -Law to Authorize the Execution of an Agreement...
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Page 139 of 211
15g) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
By -Law No. 2013 -074
A By -Law to Authorize the Execution of an Agreement Between
the Township of Oro - Medonte and Ron Burton & Sons
for Snow Removal, Bass Lake Area, 3 Year Contract (Tender TES2013 -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. C130424 -20, the successful bidder of Tender TES2013 -06 to
be Ron Burton & Sons;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2013 -06 for Snow Removal, Bass Lake Area, 3 Year Contract;
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. TES2013 -06 attached hereto as Schedule "A" and forming part of this By-
Law.
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 MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 140 of 211
15g) A By -Law to Authorize the Execution of an Agreement...
k-b %I ._1a ,a Oc � 3 - VIN
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
Tuownship o'
Proud Heritage, Exciting Future
CONTRACT NO. TES2013 -06
TENDER FOR SNOW REMOVAL
BASS LAKE AREA
3 YEAR CONTRACT
Page 141 of 211
15g) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 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.
Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2013 -06"
and addressed to Lisa McNiven, Manager, Transportation Services, Township of Oro- Medonte,
Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the
Manager, Transportation Services, Township of Oro - Medonte, Administration Centre, 148 Line 7
South, ORO, Ontario LOL 2X0.
NOTE. Sanding is Optional, and will be completed when called by Transportation Services
For further information, please contact.
Lisa McNiven
Manager of Transportation Services
Township of Oro - Medonte
Telephone: (705) 487 -2171
2
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15g) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -06
NOTICE TO BIDDERS:
1. Workplace Safety and Insurance:
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.
TES2013 -06.
3. The Contract route is indicated on the attached maps. These routes will be monitored by
Municipal staff for a timely snow removal.
4. 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. Preferred
equipment — Tractor and snow blower.
5. The Township reserves the right to terminate this Contract at the end of each session, or
as decided by the Township.
6. 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.
7. 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.
8. 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,
9. Payment by the Township will be as soon as possible after submission of monthly rentals
from the Contractor.
10. 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 Manager of
Transportation or her Representative.
3
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11. One unit will be required by the Township to be stationed in the Township of Oro - Medonte
area.
12. Please note that this tender will be awarded on the tendered amount. Payment will be
made on the unit price tendered
13. 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.
14. If the tendered amount is in excess of the budgeted amount and varies by more than 20910,
the Township reserves the right to reduce quantities to match budget amount without
notice or re- tender.
15. All work is to be performed under the supervision of the Manager of Transportation
Services or her Representative.
16. Accessibility for Ontarians with Disabilities:
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
M
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If. One unit will be required by the Township to be stationed in the Township of Oro - Medonte
area.
12. Please note that this tender will be awarded on the tendered amount. Payment will be
made on the unit price tendered.
13. 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.
14. 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.
15. All work is to be performed under the supervision of the Manager of Transportation
Services or her Representative.
16. Accessibility for Ontarians with Disabilities;
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 Ontarlans 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
4
3/15/2013 10:50 AM
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15g) A By -Law to Authorize the Execution of an Agreement...
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, 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 will be returned within fourteen (14)
days of tender opening.
Tenders not accompanied by a certified cheque will not be considered.
Basis for Rejection 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.
5
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Occupational Health and Safety (cont'd.):
vi. 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.
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CONTRACT NO. TES2013 -06
SPECIFICATIONS FOR TRUCK / PLOW OR TRACTOR / BLOWER:
1. The truck shall be a minimum of a 4 tonne.
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) One -way snow plow controlled hydraulically from the cab;
3. Truck and equipment shall be inspected by the municipality prior to the start of each
season and shall prove satisfactory to the Manager of Transportation Services or her
designate.
4. Tractor / Blower shall be equipped as follows:
(a) Tractor shall have a minimum of 80 PTO H.P., complete with cab and lighting;
(b) Blower shall be a minimum of 8' with a power hydraulic chute.
5. If a 4 tonne plow truck is to be used, the Contractor must have a blower available to cut
back the snow banks, as these roads are all narrow in width.
6. Truck and equipment shall be inspected by the municipality prior to the start of each
season and shall prove satisfactory to the Manager of Transportation Services or her
designate.
F2
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CONTRACT NO. TES2013 -06
SPECIFICATIONS FOR TRUCK AND PLOW
TENDER FOR SNOW PLOWING AND SANDING
I I/We 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:
(Sand equipment optional)
201412015 201512016 201612017
Operating Time (Per Hour)
(SNOW PLOWING)
(Includes H.S.T.)
Operating Time (Per Hour)
(SANDING)
(Includes H.S.T.)
H.S.T. No.
PLOWS
ONE -WAY- MANDATORY
MAKE:
CONTROLS:
MODEL:
WIDTH:
NOSE HEIGHT:
8
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CONTRACT NO. TES2013 -06
SPECIFICATIONS FOR TRUCK AND PLOW
TENDER FOR SNOW PLOWING AND SANDING
I //We 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:
(Sand equipment optional)
2014/2015
Operating Time (Per Hour) $ 73.45
(SNOW PLOWING)
(includes H.S.T.)
Operating Time (Per Hour) $ 88.14
(SANDING)
(includes H.S.T.)
H.S.T. No. 861911477RT0001
PLOWS
ONE-WAY- MANDATORY
2015/2016
& �0 r.c
& 00 1 1.
201612017
2 7 R /. S
$ 88.14
MAKE. METER
CONTROLS: IN CAB /HYDRAULIC
MODEL: LOT PRO
WIDTH: 91
NOSE HEIGHT. 28,1
F
80f 11
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CONTRACT NO. TES2093 -06
SPECIFICATIONS FOR TRUCK AND PLOW
TENDER FOR SNOW PLOWING AND SANDING
SAND UNIT WITH SPINNER
MAKE: MEYER
DEPTH:
MODEL: SLTP
IN SANDRP
CONTROLS: TN CAB 1HYDRATILIC-FTYCTIR
LENGTH:
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:
MARCH 25th, 2013
9
9 of l l
3/15/2013 10:50 AM
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AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this 2 5 t h day of MARCH 2013.
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 tender for this work, hereby agrees to furnish all necessary
machinery, fools, equipment, supplies, tabour and other means of construction, and to the
satisfaction of the Manager of Transportation or her 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.
Mej
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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.
Signature of Contractor, or
Signature of the Clerk
Signature of the Mayor
with Seal
11 of 11
Signature of Corporation
Seal of Corporation
ADAM R. BURTON VICE - PRESIDENT
(I HAVE THE AUTHORITY TO BIND THE CORPORATION)
II
3/15/2013 10:50 AM
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15h) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
By -Law No. 2013 -075
A By -Law to Authorize the Execution of an Agreement Between
the Township of Oro - Medonte and Woodrow Family Farms
for Snow Removal, Sugarbush Areas, 3 Year Contract with Option to Extend for
an Additional Three Years (Tender TES2013 -07)
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. C130424 -20, the successful bidder of Tender TES2013 -07 to
be Woodrow Family Farms;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2013 -07 for Snow Removal, Sugarbush Areas, 3 Year Contract with Option to
Extend for an Additional Three Years;
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. TES2013 -07 attached hereto as Schedule "A" and forming part of this By-
Law.
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 MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
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�6 �y -1C, �Q Oi3 -Oi5
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
j�
Township of
Proud Heritage, Exciting Future
CONTRACT NO. TES2013 -07
TENDER FOR SNOW REMO VAL
SUGARBUSH AREA
3 YEAR CONTRACT WITH OPTION TO EXTEND FOR AN
ADDITIONAL 3 YEARS(revised March 25, 2013)
Page 155 of 211
15h) A By -Law to Authorize the Execution of an Agreement...
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
'Township of
Proud Heritage, Exciting Stature
CONTRACT NO. TES2013 -07
TENDER FOR SNOW REMOVAL
SUGARBUSH AREA
3 YEAR CONTRACT
Page 156 of 211
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THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 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 be ploughed in sequence,
according to written instruction provided by the Foreman.
Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2013 -07"
and addressed to Lisa McNiven, Manager, Transportation Services, Township of Oro - Medonte,
Box 100, ORO, Ontario LOL 2X0, If tenders are delivered by hand, they shall be delivered to the
Manager, Transportation Services, Township of Oro - Medonte, Administration Centre, 148 Line 7
South, ORO, Ontario LOL 2X0.
For further information, please contact:
Lisa McNiven
Manager of Transportation Services
Township of Oro - Medonte
Telephone: (705) 487 -2171
2
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CONTRACT NO. TES2013 -07
NOTICE TO BIDDERS:
1. Workplace Safety and Insurance:
L 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.
TES2013 -07.
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.
Z 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.
8. 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 le and continue until
March 315; 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 leh to March
315' Operating time will be paid for actual time work that has been approved by the area
Foreman.
3
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NOTICE TO BIDDERS (contd.).
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 Manager of
Transportation Services or her 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 20 %,
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 Manager of Transportation
Services or her 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.
Ij C
C»
ignature of Contractor
4
Page 159 of 211
15h) A By -Law to Authorize the Execution of an Agreement...
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, 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 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:
L Contractors acknowledge that they have read and understood the Occupational
Health and Safety Act (OHSA) (R.S.0. 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.
5
Page 160 of 211
15h) A By -Law to Authorize the Execution of an Agreement...
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.
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.
Penaltv Clause:
If the Contractor shall fail to complete the work in accordance with the Contract and to the
satisfaction of the Manager 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.
n
Page 161 of 211
15h) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -07
SPECIFICATIONS FOR TRUCK AND PLOW.
1. The truck shall be a minimum of 25,400 kg GVWR tandem axle and be no more than 10
years of age during the contract period.
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.
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 Manager of Transportation Services or her
designate.
7
Page 162 of 211
15h) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -07
SPECIFICATIONS FOR TRUCK AND PLOW
TENDER FOR SNOW PLOWING AND SANDING
Me 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:
201412015 201512016 201612017
Operating Time (Per Hour)
(SNOW PLOWING)
(Includes H.S.T.)
Operating Time (Per Hour)
(SANDING)
(Includes H.S.T.)
Standby Time
H.S.T. No.
PLOWS
MAKE.
CONTROLS:
MODEL:
WIDTH.
NOSE HEIGHT.
8
Page 163 of 211
15h) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -07
SPECIFICATIONS FOR TRUCK AND PLOW
TENDER FOR SNOW PLOWING AND SANDING
IWVe 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:
HST NO.O 7LI�
PLOWS
MAKE:
1
Season
Optional Seasons
2013 -2014
2014 -2015
2015 -2016
2016 -2017
2017 -2018
2018 -2019
Operating Time (per
hour
hou)
73a
J
�7�.
�'��. ®
Sl
t/
�
3 �
Snowplowing
Includes HST
Operating Time (per
hour) - Sanding
$�.`l`
73
o
0
Includes HST
Standby Time
HST NO.O 7LI�
PLOWS
MAKE:
1
CONTROLS:
)41R 01J00�_
MODEL:
WIDTH: y i
NOSE HEIGHT: 0
8 (revised March 25, 2013)
Page 164 of 211
15h) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -07
SPECIFICATIONS FOR TRUCKAND PLOW
TENDER FOR SNOWPLOWING AND SANDING
WING
MAKE: tS -F-0
DEPTH:
MODEL:
CONTROLS: Qlv aue_v- r. I r
LENGTH:
N
f �
Corporation: 1 C? d 1-o u-) P_n m f I rV1 vtt
Address: No (Z-T ff" I R
�eb^ GO nIQ i^r
Represented By: Cl V^ 0 LL)
Phone Number: 700:!-X-- 9,a -e-I Jx
Date: M C,�. (if L_ L
D
Page 165 of 211
15h) A By -Law to Authorize the Execution of an Agreement...
AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this —— day of 2013.
BETWEEN.,
2,Ao fitt u) 5 rn t / R �� vt �. of the
�o G0 n C h k d1 0 rn - me cl Q h r in the
District or County of c) t rvA G a e–
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 Manager of Transportation Services or her 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.
10
Page 166 of 211
15h) A By -Law to Authorize the Execution of an Agreement...
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
Signature of the Clerk
Signature of the Mayor
with Seal
II
Signature of Corporation
Seal of Corporation
Page 167 of 211
15h) A By -Law to Authorize the Execution of an Agreement...
HORSESHOE VALLEY ROAD W
ASH CouR
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Sh � N1AP
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—�
ONpWK RE�GHSS
o n =
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y
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SUMAC CRESCENT -4
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s
2
Page 168 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
By -Law No. 2013 -076
A By -Law to Authorize the Execution of an Agreement Between
the Township of Oro - Medonte and Woodrow Family Farms
for Snow Removal, Horseshoe Valley Area, 3 Year Contract with Option to Extend
for an Additional Three Years (Tender TES2013 -08)
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. C130424 -20, the successful bidder of Tender TES2013 -08 to
be Woodrow Family Farms;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2013 -08 for Snow Removal, Horseshoe Valley Area, 3 Year Contract with
Option to Extend for an Additional Three Years;
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. TES2013 -08 attached hereto as Schedule "A" and forming part of this By-
Law.
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 MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 169 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
"V'
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
Township of
Proud Heritage, Exciting Future
CONTRACT NO, TES2013 -08
TENDER FOR SNOW REMOVAL
HORSESHOE VALLEY AREA
3 YEAR CONTRACT WITH OPTION TO EXTEND FOR AN
ADDITIONAL 3 YEARS (Revised March 25, 2013)
Page 170 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
wo/
4 �eft zkmw,
Township of
Proud Heritage, Exciting Future
CONTRACT NO. TES2013 -08
TENDER FOR SNOW REMOVAL
HORSESHOE VALLEY AREA
3 YEAR CONTRACT
Page 171 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
TENDER CLOSING DATE IS 9:00 A.M. ON THURSDAY, MARCH 28, 2013
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Thursday, March 28, 2013 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 be ploughed in sequence,
according to written instruction provided by the Foreman.
Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2013 -08"
and addressed to Lisa McNiven, Manager, Transportation Services, Township of Oro - Medonte,
Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the
Manager, Transportation Services, Township of Oro - Medonte, Administration Centre, 148 Line 7
South, ORO, Ontario LOL 2X0.
For further information, please contact:
Lisa McNiven
Manager of Transportation Services
Township of Oro - Medonte
Telephone: (705) 487 -2171
2
Page 172 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -08
NOTICE TO BIDDERS:
1. Workplace Safetv 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. TES2013 -08.
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.
8. 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
31St, 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 15th to March 31St.
Operating time will be paid for actual time work that has been approved by the area Foreman.
3 (Revised March 25, 2013)
Page 173 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -08
NOTICE TO BIDDERS;
1, Workplace Safety and Insurance:
L 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.
TES2013 -07.
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 san&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.
a 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
8. 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 150 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.
3
Page 174 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
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 Manager of
Transportation Services or her 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 20 %,
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 Manager of Transportation
Services or her Representative.
19. Accessibility for Ontarians with Disabilities:
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.
VV
gnature of Contractor
0
Page 175 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
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, 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 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) Oualified 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:
The following requirements and conditions shall be included in all agreements with
Contractors (and sub - Contractors) engaged by or on behalf of the Owner.
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.
Wi
Page 176 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
Occupational Health and Safety (cont'd.):
vi. 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 Manager 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.
r:1
Page 177 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -08
SPECIFICATIONS FOR TRUCKAND PLOW:
1. The truck shall be a minimum of 25,400 kg GVWR tandem axle and be no more than 10
years of age during the contract period.
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 snow plow and wing, all controlled hydraulically from the cab;
(e) Sand hopper or two -way sandbox and spinner mounted on left side of the unit
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 Manager of Transportation Services or her
designate.
7
Page 178 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -08
SPECIFICATIONS FOR TRUCK AND PLOW
TENDER FOR SNOW PLOWING AND SANDING
Me 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:
201412015 201512016 201612017
Operating Time (Per Hour)
(SNOWPLOWING)
(includes H.S.T.)
Operating Time (Per Hour)
(SANDING)
(Includes H.S.T.)
Standby Time
H.S.T. No.
PLOWS
MAKE:
CONTROLS:
MODEL:
WIDTH:
NOSE HEIGHT:
8
Page 179 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
CONTRACT NO. TES2013 -08
SPECIFICATIONS FOR TRUCK AND PLOW
TENDER FOR SNOW PLOWING AND SANDING
I/We 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:
HST NO. � 1 12 20 Cool
PLOWS
MAKE:
Season
Optional Seasons
U G !� r Gk tji C.
2013 -2014
2014 -2015
2015 -2016
2016 -2017
2017 -2018
2018 -2019
Operating Time (per
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Page 180 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
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Page 181 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this day of aitJt' 2013.
BETWEEN:
of the
/ G in the
District or County of
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 Manager of Transportation Services or her 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.
The Contractor agrees that such monies may be deducted from any monies due the
10
Page 182 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
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
Signature of the Clerk
Signature of the Mayor
with Seal
11
Signature of Corporation
Seal of Corporation
Page 183 of 211
15i) A By -Law to Authorize the Execution of an Agreement...
Page 184 of 211
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Page 186 of 211
15j) A By -law to Authorize the Execution of a Site Plan ...
19: 1:90161 1aQXA 110 1Z1101 a9: I* 1101TAZ &y:11107:901 Y015 �A1:1IIO]Zk9:4
BY -LAW NO. 2013 -077
A By -law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited
described as lands as follows:
Lot 1, Plan 51M -957, as in 58533 -0225 LT
ROLL # 4346- 010 - 003 -26501
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township
as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control,
pursuant to By -Law No. 2009 -062;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A ", on lands described on the attached Schedule "A ";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro - Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of
this By -Law;
4. 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 MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
MAYOR, H.S. HUGHES
CLERK, J. DOUGLAS IRWIN
Page 187 of 211
15j) A By -law to Authorize the Execution of a Site Plan ...
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
DEMOCRAT MAPLEWOOD LIMITED
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
DESCRIPTION OF LANDS
Lot 1, Plan 51M -957, as in 58533 -0225 LT
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
ROLL # 4346 - 010 - 003 -26501
By -Law No. 2013 -077
May 8, 2013
Page 188 of 211
15j) A By -law to Authorize the Execution of a Site Plan ...
THE TOWNSHIP OF ORO- MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Section 1
Covenants by the Owner
Section 2
Covenants by the Township
Section 3
Development Restrictions
Section 4
Development Changes
Section 5
Security
Section 6
Compliance
Section 7
Co- operation
Section 8
Binding Effect
Section 9
Severability of Clauses
Section 10
Save Harmless
I+Ya71 *11f111*1
Schedule "A"
Legal Description of Lands
Schedule "B"
Site Plan
Schedule "C"
Deeds and Easements to be Conveyed
Schedule "D"
Itemized Estimate of Cost of Construction
z
Page 189 of 211
15j) A By -law to Authorize the Execution of a Site Plan ...
SITE PLAN CONTROL AGREEMENT
This Agreement made, in triplicate, this 811 day of May 2013, in accordance with Section 41
of the Planning Act.
BETWEEN:
Democrat Maplewood Limited
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
rra -[•i•] 71•] 7_�r[•PH]�r:I�r•PJ1�69a11•7�•] Z•���d��LPrr�
Hereinafter called the "Township"
-1 4VK61ar :1:.9 role] ►L7U1 it
WHEREAS the Owner has applied to the Township of Oro - Medonte to permit the
construction of a single detached dwelling on lands described in Schedule "A ", attached
hereto;
AND WHEREAS the Township has enacted a By -law to provide for the designation of the
lands as a "Site Plan Control Area ";
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B ":
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as follows:
Page 190 of 211
15j) A By -law to Authorize the Execution of a Site Plan ...
1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "A ", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall take
priority over any subsequent registrations against the title to the subject lands.
C) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe.
e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted
by Township of Oro - Medonte By -law 2010 -059, retain the services of a consulting
archaeologist for their on -site presence and monitoring of any grading or ground
alterations within 50 metres of a potential ossuary.
f) The Owner shall assume all liability with respect to the discovery of any ossuary
and /or archaeologically sensitive features or areas through the development of the
subject lands.
g) The Owner and /or their agent shall, during any grading or ground alterations, cease
work immediately upon the discovery of a potential ossuary and /or archaeologically
sensitive feature, and forthwith notify all appropriate Ministries and Agencies,
including, but not limited to, the Registrar of Cemeteries and the Township.
e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its solicitor, engineer, planner and staff, perform
any work in connection with this Agreement, including the preparation, drafting,
execution, and registration of this Agreement. The Owner acknowledges and
agrees that the Owner shall be responsible for the cost of performance of all the
Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$1000.00. The Owner shall replenish the refundable deposit, to its full amount,
when the expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges
and Easements, or other documents required by Schedule "C, as well as
certification from the Owner's solicitor that the Transfer /Deeds and Easements shall
provide the Township with good title, free and clear from all encumbrances.
h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the Township /Ministry of the Environment.
2. COVENANTS BY THE TOWNSHIP
Page 191 of 211
15j) A By -law to Authorize the Execution of a Site Plan ...
The Township covenants and agrees as follows:
a) That the Township has enacted a By -law to permit the construction of a single
detached dwelling with attached garage occupying 2,459 square feet (228.45
square metres), as described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with all relevant
Municipal By -laws and Provincial Statutes and Regulations, the Owner may
proceed to develop the subject lands, as indicated on the Site Plan attached hereto
as Schedule "B ", subject to the development restrictions contained herein.
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the Owner
shall be on and subject to the following terms and conditions:
a) Site Plan
The use and development of the subject lands shall be in accordance with and as
set out on the Site Plan. attached hereto as Schedule "B ".
b) Lighting
All lighting systems installed outside, such as floodlights, shall be directed away
from any adjacent residential use and /or roadway, not to cause interference in any
way.
C) Parking Areas and Driveways
All parking areas and driveways shall be constructed in conformity with Sections
5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code
Regulation #419/86, and such parking areas, loading, and access areas shall be
kept free and clear of snow and ice and kept adequately drained. All entrances
shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain
all necessary approvals from the Ministry of Transportation, County of Simcoe and
Township of Oro - Medonte.
d) Outside Storage
No outside storage shall be permitted between any buildings on the premises and
any street. Any other outside storage shall be contained in the fenced compound,
as identified on Schedule "B ".
e) Garbage Storage
The Owner agrees to provide suitable storage areas for garbage and waste, as
shown on the Site Plan, and to install and maintain litter containers in and around
development on the lands. All metal scrap and associated refuse contained in the
fenced compound shall be removed on a weekly basis.
Garbage Collection
The Owner acknowledges and agrees that any Industrial, Commercial and
Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not
receive curb side waste collection services from the County of Simcoe. Each I. C.
& I location and multi -unit residential location will be responsible for their own
garbage and recycling disposal.
g) Landscaping
The Owner shall complete all landscaping and landscaped areas shown on the
Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading
and sodding required, according to any Engineering drawings submitted, shall be
done on all lawn areas.
h) Erosion and Siltation Control
Page 192 of 211
15j) A By -law to Authorize the Execution of a Site Plan ...
The Owner must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owner agrees to maintain all
erosion and siltation control devices in good repair until vegetative cover has been
successfully established.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved by all
parties. It is the intention of the parties that material amendments to this Agreement be
properly recorded. Such amendments may take the form of a registered Amending
Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of
Confirmation, or notations on Engineering drawings. The nature of such record of
amendment shall depend on circumstances.
5. SECURITY
Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township,
to cover the faithful performance of the obligations of the Owner arising under this
Agreement, including but not limited to the construction of the works and services identified
in Schedule "D" to this Agreement (the "said Work "), the following securities:
a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said
work, as approved by the Township Engineer and Township Council, or:
b) A Certified Cheque in the amount of one hundred percent (100 %) of the estimated
costs of the said works, and as approved by the Township Engineer.
C) The Township reserves the right to accept or reject any of these alternative methods
of providing securities. Prior to depositing the securities, the Owner's Engineer shall
submit an estimate of the cost of the works to the Township Engineer for approval.
When the cost estimate has been approved, it will be set out in Schedule "D" of this
Agreement and will become the basis for the limits of the securities.
d) Any Certified Cheque or security filed with the Township is based upon the
estimated cost of completing the various matters prescribed by this Agreement.
However, all Certified Cheque and security received by the Township may be used
as security for any item or any other matter which, under the terms of this
Agreement, is the responsibility of the Owner, including without limiting the
generality of the foregoing, payment of engineering, legal, planning or other costs
incurred by the Township, which are the responsibility of the Owner, under the
terms of this Agreement.
e) Upon written notification by the Owner's agent, certifying that all required works
for which the Certified Cheque was submitted have been completed in
accordance with the plans submitted and upon confirmation by the Township or
its agent that the Owner's obligations under this Agreement have been
completed, the Township will return said Certified Cheque.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty -one (21) day's
notice, its intent to draw down on the security or deposit.
Page 193 of 211
15j) A By -law to Authorize the Execution of a Site Plan ...
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act,
2001, S.O. 2001, c. 25, as amended.
7. CO- OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title of
the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached
hereto, such Schedule being a legal description of the lands, and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
�1 l-►N=1 :?-A 31 4 r C K•] Z OW n T 1 M d
Should any section, subsection, clause, paragraph, or provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub - contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter of
such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub - contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
Democrat Maplewood Limited
per:
Name: Enzo Palumbo
Title: Authorized Signing Officer
I have authority to bind the Corporation
The Corporation of the
Township of Oro - Medonte
per:
H.S. Hughes, Mayor
J. Douglas Irwin, Clerk
Page 194 of 211
15j) A By -law to Authorize the Execution of a Site Plan ...
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Democrat
Maplewood Limited.
LEGAL DESCRIPTION OF LANDS
Lot 1, Plan 51M -957 as in 58533 -0225 LT
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
ROLL # 4346 - 010 - 003 -26501
Page 195 of 211
15j) A By -law to Authorize the Execution of a Site Plan ...
SCHEDULE "B"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Democrat
Maplewood Limited.
SITE PLAN
Site Plan Drawing:
Diamond Valley Estates Lot 1, Prepared by Valdor Engineering Inc dated March 28, 2013.
Site Plan is not in a registerable form and is available from the Township of Oro - Medonte.
Page 196 of 211
15j) A By -law to Authorize the Execution of a Site Plan ...
SCHEDULE "C"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Democrat
Maplewood Limited.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered shall be prior approved by the solicitor for the Township
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
to
Page 197 of 211
15j) A By -law to Authorize the Execution of a Site Plan ...
SCHEDULE "D"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Democrat
Maplewood Limited.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
ITEMIZE CONSTRUCTION ESTIMATE AMOUNT
2. LETTERS OF CREDIT AMOUNT
Certified Cheque to be provided by the Owner $1000.00
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
m
Page 198 of 211
15k) A By -law to remove the Holding symbol on lands desc...
19: 1:90161 1aQXA 11 01Z110]a9:I *1101TAZ&] :I1107:901:102 A 1:1 ITO] Z k 9:4
BY -LAW NO. 2013 -078
A By -law to remove the Holding symbol
On lands described as follows:
Lot 1, Plan 51M -957
Township of Oro - Medonte, County of Simcoe
Roll # 4346- 010 - 003 -26501
WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered
to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning
Act, R.S.O. 1990, c.P.13.
AND WHEREAS Council deems it appropriate to remove the Holding provision applying
to the subject lands;
NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte
enacts as follows:
1. Schedule 'A16', to Zoning By -law No. 97 -95 as amended, is hereby further
amended by removing the Holding provision applying to lands known as "Lot 1,
Plan 51 M -957, Roll # 4346- 010 - 003 - 26501" as shown on Schedule 'A' attached
hereto and forming part of this By -law.
2. This By -law shall come into effect upon the date of passage hereof, subject to the
provisions of the Planning Act, as amended.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T"
DAY OF MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 199 of 211
15k) A By -law to remove the Holding symbol on lands desc...
Schedule 'A' to By -Lave
No. 2013 -078
This is Schedule 'A' to By -Law 2013 -078
passed the 8t' day of April, 2013.
Mayor
H.S. Hughes
Clerk
J. Douglas Irwin
TOWNSHIP OF ORO- MEDONTE
Page 200 of 211
151) Being a By -law to Authorize the Execution of a Cont...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -080
Being a By -law to Authorize the Execution of a Contract between
the Township of Oro - Medonte and the Barrie Public Library Board
for a Term of One Year
and to Repeal By -Law No. 2012 -102
WHEREAS, the Public Libraries Act, R.S.O. 1990, Chapter P.44, as amended, Section
29(1) provides for the entering into a contract with a public library board for the purpose
of providing the residents of the municipality with library services;
AND WHEREAS, Council deems it desirable to enter into a contract with the Barrie
Public Library Board;
NOW THEREFORE, the Council of The Corporation of the Township of Oro - Medonte
enacts as follows:
That the Mayor and Clerk are hereby authorized to execute the contract between
The Corporation of the Township of Oro - Medonte and the Barrie Public Library
Board, said agreement attached hereto as Schedule 'A' and forming part of this
by -law.
2. That By -law No. 2012 -102 is hereby repealed.
3. And that this By -Law shall come into force and take effect on the final passing
thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY
OF MAY, 2013
1�: 1-[ �i�7: 717 :7nr1[�LH7��:I�t�PJl�6yall�l��] Z��Jd��I�l��l�
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 201 of 211
151) Being a By -law to Authorize the Execution of a Cont...
off®
BETWEEN
AND
LIBRARY SERVICES AGREEMENT
This agreement made in duplicate this
day of 2013
THE BARRIE PUBLIC LIBRARY BOARD, in the City of Barrie
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE,
in the County of Simcoe
WHEREAS the Barrie Public Library Board has agreed to provide library service.
THEREFORE it is mutually understood and agreed that the Corporation of the Township of Oro - Medonte
will pay the Barrie Public Library Board the sum of $142,041.00 for library service for Oro - Medonte
residents and taxpayers for the year 2013 with payments to be made quarterly, commencing January 15T,
April 1ST, July 1ST, and October 1ST, 2013
Mayor, Oro - Medonte
H.S. Hughes
Clerk, Oro - Medonte
J. Douglas Irwin
day of 2013
,, '� ,4'd.
Chair, Barrie Public Libr ry Board
Page 202 of 211
15m) A By -law to Authorize the Execution of a Contract b...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -081
A By -law to Authorize the Execution of a Contract between
The Township of Oro - Medonte and The Midland Public Library Board
For a Term of One Year and to Repeal By -law No. 2012 -103
WHEREAS the Public Libraries Act, R.S.O. 1990, c.P.44, as amended, Section 29(1)
provides for the entering into a contract with a public library board for the purpose of
providing the residents of the municipality with library services;
AND WHEREAS Council deems it desirable to enter into a Contract with The Midland
Public Library Board;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
That the Mayor and Clerk are hereby authorized to execute the contract between
The Corporation of the Township of Oro - Medonte and The Midland Public Library
Board, said agreement attached hereto as Schedule "A" and forming part of this
by -law.
That By -law No. 2012 -103 is hereby repealed.
That this By -Law shall come into force and take effect on the final passing
thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY
OF MAY, 2013
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 203 of 211
BETWEEN
AND
15m) A By -law to Authorize the Execution of a Contract b...
LIBRARY SERVICES AGREEMENT
This agreement made in duplicate this
day of 2013
THE MIDLAND PUBLIC LIBRARY BOARD, in the Town of Midland
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE,
in the County of Simcoe
WHEREAS the Midland Public Library Board has agreed to provide library service.
THEREFORE it is mutually understood and 'agreed that the Corporation of the Township of Oro- Medonte
will pay the Midland Public Library Board the sum of $4,800.00 for library service for Oro - Medonte
residents and taxpayers for the year 2013 with payments to be made quarterly, commencing January 1St,
April 1", July 1st, and October 1St, 2013
Mayor, Oro - Medonte
H.S. Hughes
Clerk, Oro - Medonte
J. Douglas Irwin
of .2013
ir, iJ4Wd Public
r, Midland Public Library
Page 204 of 211
15n) A By -law to Authorize the Execution of a Contract b...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -082
A By -law to Authorize the Execution of a Contract between
The Township of Oro - Medonte and The Coldwater Public Library Board
For a Term of One Year and to Repeal By -law No. 2012 -104
WHEREAS the Public Libraries Act, R.S.O. 1990, c.P.44, as amended, Section 29(1)
provides for the entering into a contract with a public library board for the purpose of
providing the residents of the municipality with library services;
AND WHEREAS Council deems it desirable to enter into a Contract with The Coldwater
Public Library Board;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
That the Mayor and Clerk are hereby authorized to execute the contract between
The Corporation of the Township of Oro - Medonte and The Coldwater Public
Library Board, said agreement attached hereto as Schedule "A" and forming part
of this by -law.
That By -law No. 2012 -104 is hereby repealed.
And that this By -Law shall come into force and take effect on the final passing
thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY
OF MAY, 2013
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 205 of 211
BETWEEN
AND
15n) A By -law to Authorize the Execution of a Contract b...
APR z 201j
LIBRARY SERVICES AGREEMENT 0;1_0 r,.
This agreement made in duplicate this
&&-day of 44v,;=F2, 2013
THE COLDWATER PUBLIC LIBRARY BOARD, in the Township of Severn
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE,
in the County of Simcoe
WHEREAS the Coldwater Public Library Board has agreed to provide library service.
THEREFORE it is mutually understood and agreed that the Corporation of the Township of Oro - Medonte
will pay the Coldwater Public Library Board the sum of $19,380.00 for library service for Oro - Medonte
residents and taxpayers for the year 2013 with payments to be made quarterly, commencing January I",
April 15f, July 1St, and October 1St, 2013
Mayor, Oro - Medonte
H.S. Hughes
Clerk, Oro - Medonte
J. Douglas Irwin
day of 2013
Chair, Coldwater Public Library
Treasurer, Coldwater Public Library
Page 206 of 211
150) Being a By -law to Appoint Municipal Law Enforcement...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -085
Being a By -law to Appoint
Municipal Law Enforcement Officers /Provincial Offences Officers
And to Repeal By -Law Nos. 2012 -090, 2012 -130 and 2012 -146
WHEREAS the Municipal Act 2001, S.O. 2001, c. 25, Section 224, as amended,
provides that the role of Council is to ensure that administrative practices are in place to
implement the decisions of Council;
AND WHEREAS the Police Services Act, R.S.O. 1990, ChapterP.15, Section 15.,
provides the appointment of Municipal Law Enforcement Officers for the purpose of
enforcing the by -laws of a municipality;
AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte does
now find it expedient to appoint Municipal Law Enforcement Officers /Provincial Offences
Officers;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That the employees of The Corporation of the Township of Oro - Medonte outlined
on Schedule "A ", attached hereto and forming part of this by -law, be appointed
Municipal Law Enforcement Officers /Provincial Offences Officers;
2. That employees of The Corporation of the Township of Oro - Medonte outlined on
Schedule "B ", attached hereto and forming part of this by -law, be appointed
Municipal Law Enforcement Officers /Provincial Offences Officers for the purpose
of parking infractions;
3. That the employees of The Corporation of the Township of Oro - Medonte outlined
on Schedule "C ", attached hereto and forming part of this by -law, be appointed
Municipal Law Enforcement Officers /Provincial Offences Officers for the period of
May 6, 2013 to September 3, 2013, inclusive;
4. That By -laws 2012 -090, 2012 -130 and 2012 -146 are hereby repealed in their
entirety;
5. 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" DAY
OF MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 207 of 211
15o) Being a By -law to Appoint Municipal Law Enforcement...
Schedule "A"
to By -law No. 2013 -085
for
The Corporation of the Township of Oro- Medonte
Municipal Law Enforcement Officers/
Provincial Offences Officers
Robert Belsey
Steve Blogg
Janice Bosomworth
Nina D'Andreamatteo
Bobbi Lovering
Sherri Moore
Hugh Murray
Curtis Shelswell
John Wigle
Page 208 of 211
15o) Being a By -law to Appoint Municipal Law Enforcement...
Schedule "B"
to By -law No. 2013 -085
for
The Corporation of the Township of Oro- Medonte
Municipal Law Enforcement Officers/
Provincial Offences Officers
For the purpose of parking infractions
Dave Dowson
Dean Mawdsley
Lisa McNiven
Harold Shelswell
Dan Tinney
Page 209 of 211
15o) Being a By -law to Appoint Municipal Law Enforcement...
Schedule "C"
to By -law No. 2013 -085
for
The Corporation of the Township of Oro- Medonte
Municipal Law Enforcement Officers/
Provincial Offences Officers
For the period of May 6, 2013 to September 3, 2013, inclusive.
Carly Keeler
Adam Marchildon
Mark Woelfle
Page 210 of 211
18a) Being a By -Law to Confirm the Proceedings of the Co...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -067
Being a By -Law to Confirm the Proceedings of the Council Meeting held on
Wednesday, May 8, 2013
WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended
provides that the powers of the Municipal Council shall be exercised by By -Law,
unless the municipality is specifically authorized to do otherwise;
AND WHEREAS The Council of The Corporation of the Township of Oro - Medonte
deems it expedient that the proceedings at this Council Meeting be confirmed and
adopted by By -Law;
NOW THEREFORE the Council of The Corporation of the Township of Oro -
Medonte hereby enacts as follows:
1. That the actions of the Council at its Council Meeting held on Wednesday, May
8, 2013, and in respect to each Motion, Resolution and other actions passed and
taken by the Council at its said Meeting is, except where prior approval of the
Ontario Municipal Board is required, hereby adopted, ratified and confirmed.
2. That the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Oro -
Medonte.
3. That the Mayor /Chair and Clerk /Designate are hereby authorized and directed to
execute and affix the corporate seal to all necessary documents.
4. And That this by -law shall come into force and take effect on the final passing
thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8TH
DAY OF MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 211 of 211