2013-074 Agreement with Ron Burton & Sons for Snow Removal, Bass Lke Area 3THE 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:
1. 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.
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.
N OF THE TOWNSHIP OF ORO- MEDONTE
yor,
J. Bouards Irwin
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TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
Proud Heritage, Exciting Future
CONTRACT NO. TES2013 -06
TENDER FOR SNOW REMOVAL
BASS LAKE AREA
3 YEAR CONTRACT
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
TENDER CL OSING DA TE IS 9:00 A. M. ON THURSDA Y, 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
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CONTRACT NO. TES2013 -06
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 -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.
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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 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:
L The bidder shall comply with the provisions of the Accessibility for Ontarians with
Disabilities Act, 2005, and the Regulations there under with regard to the provision
of its goods or services to persons with disabilities. The bidder acknowledges that
pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township
of Oro - Medonte must, in deciding to purchase goods or services through its
procurement process, consider the accessibility for persons with disabilities to
such goods or services.
Signature of Contractor
F41
VA
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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 20%,
the Township reserves the right to reduce quantities to match budget amount without
notice or re- tender.
15. Ali 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.
All
G
Sign Lure of Contractor
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TENDERING REQUIREMENTS
Tender DeDosit.
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.
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Occupational Health and Safety (cont'd.):
A The Contractor acknowledges and agrees that any breach or breaches of health and
safety requirements, whether by the Contractor or any of its sub - Contractors, may
invalidate the Contract.
vie. 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.
D
CONTRACT NO. TES2013 -06
SPECIFICATIONS FOR TRUCK /PLOW OR TRACTOR /BLOWER:
1. The truck shall be a minimum of a 3/ 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 3/ 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.
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CONTRACT NO. TES2013 -06
SPECIFICATIONS FOR TRUCK AND PLOW
TENDER FOR SNOW PLOWING AND SANDING
I YWe 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)
(SNOWPLOWING)
(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:
EZ
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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 optionao
Operating Time (Per Hour)
(SNOWPLOWING)
(includes H.S.T.)
Operating Time (Per Hour)
(SANDING)
(includes H.S.T.)
'• F13717M
ONE WAY - MANDATORY
2014!2015 201512016
$ 73.45 $ 73.45
$ 88.14 $ 88.14
PLOWS
2016/2017
$ 73.45
$ 88.14
MAKE: MEYER
CONTROLS: IN CAB /HYDRAULIC
MODEL: LOT PRO
WIDTH: 9
NOSE HEIGHT. • ,,
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CONTRACT NO. TES2013 -06
SPECIFICATIONS FOR TRUCK AND PLOW
TENDER FOR SNOW PLOWING AND SANDING
SAND UMT WITH SPINNER
MAKE: MEYER DEPTH: 1
MODEL: SLIP IN SANDER CONTROLS: IN CAR.114YDRATILIC-FIECTRI
LENGTH: 81 1
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
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AGREEMENT
TOWNSHIP OF ORO•MEDONTiE
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 S IMCOE
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 specifled 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 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.
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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 Fart 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 Corporation
Seal of Corporation
ADAM R. BURTON VICE — PRESIDENT
(I HAVE THE AUTHORITY TO BIND THE CORPORATION)
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