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2014-057 Agreement with Da-Lee Dust Control "Dark Journal" Virgin OilThe Corporation of the Township of Oro - Medonte By -Law No. 2014 -057 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 TES2014 -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. C140409 -12, the successful bidder of Tender TES2014 -04 to be Da -Lee Dust Control.; And Whereas Council deems it expedient to enter into an agreement for Contract No. TES2014 -04 for the supply of "Dark Journal' Virgin Oil; 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. TES2014 -04 attached hereto as Schedule "A" and forming part of this By- Law. 2. That this by -law shall take effect on the final passing thereof. By -law read a First, Second and Third time, and Passed this 23rd day of April, 2014. The Corporation of the Township of Oro - Medonte H.S.:Hu J.lDoudlds Irwin TENDER FOR THE TOWNSHIP OF ORO- MEDONTE Proud .Heritage, Exciting future CONTRACT NO. TES2014 — 04 TENDER FOR "DARK JOURNAL" VIRGIN OIL TES2014 -04 Page 1 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON FRIDAY MARCH 28.2014 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Friday, March 28, 2014 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. TES2014 -04" 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 TES2014 -04 Page 2 CONTRACT NO. TES2014 — 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 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. TES2014 — 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. 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: 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. TES2014 -04 Page 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 Refection 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. 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 t o efforts and to ensure that the Owner -owned the project are free from hazards. support the Contractor's health and safety and controlled environments in the vicinity of TES2014 -04 Page —4 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. 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 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. TES2014 -04 Page 5 TENDER FOR CONTRACT NO. TES2014 — 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. IM/e (the Contractor) promise to commence work on: A s `des 1 rLEo (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by: June 13, 2014 (To be completed by Municipality) S 13 f 15, o 4-Ma o m L%/-1 k TF�> BY: o(,A OA -sec ��,c! C�� �- Name of Firm or, Individual (Hereinafter referred to as the "Contractor ") G � —G*'� E S 1'Ed� �.-� a E- � NZ STS hA CZ CL e C- k rJ Address 2A (2(,), Name of Person Signing for Firm (Signature) VP 5kLC- -S ? M,9nVE-rINV Office of Person Signing for Firm o s- G d s- I I-,-> S Telephone No. TES2014 -04 Page 6 GENERAL CONDITIONS The general conditions of this Contract will be the general conditions as set out in OPS General Conditions and OPSS.PROV 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 102, current at the time of this Contract. Copies of OPSS 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. TES2014 -04 Page 7 CONTRACT NO. TES2014-04 TENDER FOR "DARK JOURNAL" VIRGIN OIL Schedule of unit prices attached to and forming part of the tender for Contract No. TES2014 -04 H.S.T. No. H.S.T. $ S,2 // 9.:_ TOTAL $ �:-;`o , S// 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 C-fY of SToNE7 Cu-FI in the County of U v27) -{ this ?.jL day of oAaLd , 2014. SignabYre of Contractor or Witnesses and Position Held Lisp V "v .5"v4 T35 — 1[3S Name and Telephone No. of Person To be Contacted for Ordering Supply Signature of the Corporation Seal of Corporation TES2014 -04 Page 8 AGREEMENT TOWNSHIP OF ORO- MEDONTE OA This Agreement made, in duplicate, this 7+ + ' 1 day of 1� , 2014. BETWEEN S 1; ) 15 ©Nlr-vn1 o L--r 0 0/A 'DA -L&C GDvST Co-j -� 2oL- of the C1 rt ns= Crt.cex in the District or County of w G 1 W �a-( 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. TES2014 -04 Page 9 The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 13th day of June, 2014. 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. '��4ure of Contractor, or NVEM� jj Sig ature of th Mayor with Seal Signature of Corporation Seal of Corporation TES2014 -04 Page 10