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2013-073 Agreement with Woodrow Family Farms Grass Cutting Community Tile BedsTHE 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 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 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. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY OF MAY, 2013. RPORATION OF THE TOWNSHIP OF ORO- MEDONTE ,H rA VA A la U13-N13 TENDER FOR THE TOWNSHIP OF ORO- MEDONTE Proud Heritage, Exciting .Future CONTRACT NO. TES2013 ®05 TENDER FOR ROADSIDE GRASS CUTTING AND PUMPHOUSE FACILITIES, COMMUNITY TILE BEDS SUMMER SEASONS OF 20131201412015 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 CONTRACT NO. TES2013 -05 NOTICE TO BIDDERS: 1. Workplace Safety and Insurance: i. The Contractor shall provide the Township with a Clearance Certificate from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, with respect to his employees or operations, have been complied with and shall ensure that the Certificate is valid for the duration of this Contract. The Contractor shall provide the Corporation with proof of a renewed Certificate at least 30 days prior to expiry. 2. The Contractor shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. 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 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 Resection 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. 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 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. 5 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 swr (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. 9 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. Cutting 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 any time if the job is not progressing satisfactorily. 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. 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. 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 tile beds: Tile Bed # 2013 Unit Price 2014 Unit Price 2015 Unit Price O�, �� 1 mad �� T.F. #1 p o T. F. #2A % �-5 _ C2 O , do T.F. #2B T.F. #3 �`� 171Y �� a C,)O T.F. #4 �- c /`" - *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 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 �, d. a d G 6e -c, U 1 Somerset Blvd. Oro Station) -� Cedarbrook � a C .Q C1 1547 Ridge Road East Hawkestone �w 0 U 6a ` Oa 0 6�7 • O U Horseshoe Highlands 1A Country Club Lane Horseshoe Highlands Oc Water Tower - a A Sugarbush Well #1 d 10 Huronwoods Dr. La:,? Sugarbush Well #2 ® ©� ('v- 00 3310 Line 6 North Sugarbush Booster Station FAO' G 060 C2 0 67 Huronwoods Drive Sugarbush Reservoir 6 Oneida Avenue d -� �U G'' G C) Warminster Booster Station c' 0- � � • � p C 1 Georgian Drive / _ /V- ' Warminster Well ® r1® �� G�✓d J D ` 2093 Warminster Sideroad . j6 C) La �% &000 Maplewood 40 Maplewood Parkway - 0 r The Township reserves the right to stop work at any time if the job 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. 10 AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this day of 2013. BETWEEN: District or County of and the Province of Ontario; Hereinafter called the "Contractor" of the in the THE PARTY OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the 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 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 cuttin . 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 12 i signature of Corporation Seal of Corporation A t Orsrshoe Valley A __�pvti. nun /_� �tG �YitmS M.fkcr,tZ F _ _ n. Rf r s t = 1 W V Y COVlVTY Rjon o 2.2 �iWN1�RY C�q IANF /v I