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2013-075 Agreement with Woodrow Family Farms for Snow Removal, SugarbushTHE 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, Sugar Bush 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, Sugar Bush 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: 1. 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. 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. THE COMPORNTION OF THE TOWNSHIP OF ORO- MEDONTE Irwin r TENDER FOR THE TOWNSHIP OF ORO- MEDONTE (9; Proud Heritage, Exciting Future CONTRACT NO. TES2013 -07 TENDER FOR SNOW REMOVAL SUGARBUSH AREA 3 YEAR CONTRACT WITH OPTION TO EXTEND FOR AN ADDITIONAL 3 YEARS(revised March 25, 2013) TENDER FOR THE TOWNSHIP OF ORO- MEDONTE Frond Heritage, Exciting Future CONTRACT NO. TES2013 -07 TENDER FOR SNOW REMOVAL SUGARBUSH AREA 3 YEAR CONTRACT 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 -u , 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 E 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. 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 15th 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 15th to March 31St. Operating time will be paid for actual time work that has been approved by the area Foreman. 91 NOTICE TO BIDDERS (con td. ): 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. 11 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: 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 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. 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. 0 CONTRACT NO. TES2013 -07 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 CONTRACT NO. TES2013 -07 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: Operating Time (Per Hour) (SNOWPLOWING) (Includes H.S.T.) Operating Time (Per Hour) (SANDING) (Includes H.S.T.) Standby Time H.S.T. No. 201412015 201512016 201612017 PLOWS MAKE. CONTROLS: MODEL: WIDTH. NOSE HEIGHT: CONTRACT NO. TES2013 -07 SPECIFICATIONS FOR TRUCK AND PLOW TENDER FOR SNOW PLOWING AND SANDING VWe 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. kf fig PLOWS MAKE: Season Optional Seasons 2013 -2014 2014 -2015 2015 -2016 2016 -2017 2017 -2018 2018 -2019 Operating Time (per hour) - ®`fS 7-3. ' Snowplowing Includes HST Operating Time (per hour) Sanding �� 7 �- `f�° X73— / (p 3 ,3,`1 (� Includes HST Standby Time ,3��, ®� 2 d.�- ®a�a� ©�S'� a� c, 0`3S Q. ® HST NO. kf fig PLOWS MAKE: CONTROLS: MODEL: WIDTH: I NOSE HEIGHT: a 8 (revised March 25, 2013) CONTRACT NO. TES2013 -07 SPECIFICATIONS FOR TRUCK AND PLOW TENDER FOR SNOW PLOWING AND SANDING WING MAKE: is -f-0 DEPTH; MODEL: CONTROLS: 21 0 ou L I r LENGTH. Corporation: Woo d P^o ct) rckM r I v ra ri/05 In L Address Represented By: pi r 0 Gc� Phone Number. 0� k -'s, � Date: I �� C�, 0 c AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this day of 2013. BETWEEN: rM S .J- n (-o of the - L Y I E d 0 n t* in the District or County of � P 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 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 i Signature of the ayor with Seal 11 e - /�"z A Signature of Corporation Seal of Corporation