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2015-105 Agreement with Duivenvoorden Haulage Ltd. - GravelThe Corporation of the Township of Oro-Medonte By -Law No. 2015-105 A By -Law to Authorize the Agreement Between the Township of Oro-Medonte and Duivenvoorden Haulage Ltd., for Gravel Tender Results, TES2015-04 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 deems it expedient to enter into an agreement, per Motion No. C150527-11, with Duivenvoorden Haulage Ltd. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Contract No. TES2015-04, Tender for 2015 Gravel, attached hereto as Schedule "A" forms part of this By -Law. 2. And That this by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 10th day of June, 2015. The Corporation of the Township of Oro-Medonte J! Doydas Irwin TENDER FOR THE z!� �\-k-�fAV3 moo. 'Ao15 _ k 05 TOWNSHIP OF ORO-MEDONTE Proud Heritage, Excitinq Future CONTRACT NO. TES2015-04 TENDER FOR 2015 GRAVEL 5- C, ITEM Location ESTIMATED F.O.B. your Supply Supply Total QUANTITY pit and and Apply (tonnes) (per tonne) Apply — — Trailer Triaxle (per (per tonne) tonne Line 3 N —from Granular Ski Trails to Old 15,000 A Barrie Rd Line 7 S — Ridge 1,000 13 Rd to Rail Trail Forrester Road 5,000 (, r` f,. (`a Line 7 N at Old 1,040 Barrie Road Line 7 N — Mount 4,100 St Louis Rd to Slalom Drive Mount St Louis 5,600 6 Rd — Line 5 to x Line 6 f Steeles Line — 5,500 Moonstone Rd to Highway 400 off ramp Granular Line 4 N — 4,300 B Highway 11 to 15/16 Sideroad 1 J Steeles Line — 2,700 Moonstone Rd to Highway 400 off }}�� ;C // p ramp HST $ j Total Tender , ' =` u ITEM Location ESTIMATED F.O.B. your Supply Supply Total QUANTITY pit and and Apply (tonnes) (per tonne) Apply — — Trailer Triaxle (per (per tonne) tonne Line 3 N —from Granular Ski Trails to Old 15,000 f c,r, A Barrie Rd Line 7 S — Ridge 1,000 Rd to Rail Trail Forrester Road 5,000 CIr ,t Line 7 N at Old 1,040 Barrie Road Line 7 N — Mount 4,100 St Louis Rd to Slalom Drive r Mount St Louis 5,600 Rd — Line 5 to j s 1c,,4.. Line 6 Steeles Line — 5,500 Moonstone Rd to Highway 400 off ramp Granular Line 4 N — 4,300 B Highway 11 to 1 15/16 Sideroad Steeles Line — 2,700 Moonstone Rd to , �" Highway 400 off ramp HST 4 C1 Total Tender IWMPTMVM�r IS 0 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE TENDER CLOSING DATE IS 9:00 a.m. ON Thursday March 26, 2015 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Thursday, March 26, 2015 at 2:00 p.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. • Granular material must meet Ontario Provincial Standards (OPS) or equivalent at the discretion of the Director Gravel will be inspected and tested by the Municipality prior to awarding the contract. • Specify source of gravel. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2015- 04, "Gravel' and addressed to Jerry Ball, Director, Transportation and Environmental Services, Township of Oro-Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the Director of Transportation & Environmental Services, Township of Oro-Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. For further information, please contact: Jerry Ball Director, Transportation and Environmental Services Township of Oro-Medonte Telephone: (705) 487-2171 The contractor has carefully examined the provisions, plans, specifications and conditions attached to this tender, and has carefully examined the site and location of the work to be done under this contract. 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 this tender, constitute as a deposit, which will be retained by the Township until final acceptance of the work. It is agreed that the deposit shall be forfeited to the Township of Oro-Medonte if the contractor fails to file with the Township an executed form of Agreement for the performance of the work prepared by the Township in accordance with this tender and the provisions attached hereto within ten (10) days from the date of acceptance of this tender. It is agreed that the tender quantities are estimates only and may be increased or decreased by the Township without alteration of the contract price. INVe (the Contractor) promise to commence work on an "as required basis" and to diligently perform the work continuously when requested by the Township without undue dela and further promise to complete the work b Y p P Y Name of Contractor and/or Individual ADDRESS: e � � C�•.�r�.._[PE—i.: :� °,e .cif i , G' t `�e l ��� � f .,_. e Name of Person Signing for Contractor %�-' Signature Office of Person Signing for Contractor i`'. a 11 Witness' ed (if individol) Seal if a Corporation ,4"N fir( 4 Phone Number E-mail Address I! Pit Location F 1. Agreement shall be in effect for a (one) year period, commencing on /f=led , 2015. f 2. Tenders for the supply of gravel will be received until 9:00 a.m., March 26, 2015. 3. Tenders shall be enclosed in a sealed envelope marked "TES2015-04, Tender for "A" Gravel. 4. A certified cheque made payable to the Township of Oro-Medonte, in the amount of 10% of the total tender must be with the tender. 5. Tenders shall be submitted on the tender form, witnessed or sealed. 6. The tender must be legible BY Name of Contractor or Individual J ADDRESS'— e� �' f Name of Person Signing for Contractor (PLEASE PRINT) ye r Office of Person Signing for Contractor Witnessed by or Corporate Seal Name of Person Witnessing Form (PLEASE PRINT) Tender and Deposit Requirements (Signature) (Phone Number) (Signature) 1. Tenders for the supply of gravel will be received until 9:00 a.m. on March 26, 2015. 2. Tenders shall be enclosed in a sealed envelope marked "2015-04 Gravel Tender" and be addressed to Township of Oro-Medonte. 3. A certified cheque made payable to the Township of Oro-Medonte in the amount of 10% of the total tender must be submitted with the tender. The cheque of the unsuccessful bidders will be returned within 10 days of the tender opening. The cheque of the successful bidder will be retained until the work is completed. 4. The Township shall notify the successful contractor in writing within 30 days, after receiving the approval from Council to proceed forward. 5. Tenders shall be opened and recorded at 2:00 p.m. March 26, 2015. Bidders are welcome to attend the opening. 6. The Contractor shall take out and keep in force until the date of acceptance of the entire work by the Township, a comprehensive policy of public liability and property damage insurance acceptable to the Township 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 body injury to, or death of, one or more persons and loss of or damage to property and such policy shall name the Township of Oro-Medonte as an additional insured there under and shall protect the Township against all claims for all damage or injury including death to any person or persons and for damage to any property of the Township, 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 employees or agent during execution of the contract and the Contractor shall forward a certified copy of the policy or certificate to the Township before the work is started. 7. Tenders shall be submitted on the tender form attached hereto and must be properly signed and witnessed, or signed and sealed, if the bidder is a corporation. Tenders that are not witnessed, or sealed with a corporate seal will not be considered. 8. The bid must show the unit price, with the total for each section of the tender, including all applicable taxes, as well as the total all inclusive bid price, including all applicable taxes. 9. Erasures, overwriting or strikeouts must be initialled by the person signing on behalf of the organization submitting the bid. 10. The Township reserves the right to reject any or all tender submissions in whole or in part with incurring any liability whatsoever. 11. The tender must be legible and tenders which are incomplete, unbalanced, conditional or obscure, or which contain erasures or alterations not properly initialled, or irregularities of any kind, may be rejected as informal or void. 12. Any contractor shall provide a certificate of insurance from WSIB prior to commencement of the work and/or prior to final payment being made for the work. 13. The work to be performed under this contract or any part thereof shall not be assigned nor sublet by the contractor without the written authority of the Director, Transportation and Environmental Services of the Township of Oro-Medonte. No sub -contract shall, under any circumstances, relieve the contractor of its liabilities or obligations under this contract. 14. The contractor agrees to protect, indemnify, keep indemnified and save harmless the Township and ifs officers, servants and agents from against all claims, demands, and costs, actions, causes or actions, expenses, legal fees whatsoever which may be taken or made against them or any of them incurred or become payable by them or any of them for any loss, damage or injury, including death of any nature or kind whatsoever arising out of or in consequence of any act, neglect, or omissions including negligent acts or negligent omissions of the contractor in connection with the performance of this contract. 15. Materials supplied in this Tender are subject to Ontario Provincial Standards for Roads and Public Works — Specifications for Material. 16. Quantities shall be recorded in metric tonnes using weight tickets. 17. Any contractor must confirm that they have provided their staff with accessible customer service training, as required under the Accessible Customer Service Standard and that they can accommodate the needs of people of all abilities. The contractor must meet requirements of Ontario Regulation 429/07 and Ontario Regulation 191/11 with regard to training. Completion of the Township's Accessibility Regulations for Contracted Services. 18. The Contractor shall be considered as the "Contractor" under the Occupational Health and Safety Act. The Contractor must fill out the Township of Oro-Medonte Health and Safety Package, attached to TES2015-04, if they are successful in this Tender 19. The Contractor may be required to show, in terms of experience, equipment and facilities, evidence of its ability, as well as that of any proposed subcontractor to perform the requirements of the contract. Such requirements may include, but are not limited to, a list of equipment showing the type and capacity of equipment. 20. Notice of this project, as required by the Ministry of Labour, Section 213/91, and as per the Health and Safety Act of Ontario, will be filed, with the proper authorities prior to the start of this project by the Corporation. The successful contractor must adhere to all guidelines. 21. The Contractor shall abide by all Act, By-laws, and Regulations relative to the performance of the work at municipal, provincial and federal levels where applicable. 22. If the Contractor fails or neglects to commence or to execute the work diligently, and at a rate of progress that will ensure the entire completion of the work within a reasonable time, or fail to observe and perform any of the provisions of this contract, the Township may notify the contractor to discontinue all work under the contract. The Township may then employ such means necessary to complete the work, and in such a case, the contractor shall have no claim for further payment in respect of work performed. 23. The Township shall pay the contractor within 30 days of receipt of the invoice. NOTE: Bidders are informed that the Township accepts the bidder's submission in good faith and by doing so, if the successful bidder rejects the contract award or attempts to withdraw their bid after the opening date and time, the bidder shall then be liable for any or all costs incurred by the Township to award the contract to the next eligible bidder, the cost being the difference between the two bid submissions and any other costs incurred by the Township. Accessibility Regulations for Contracted Services In accordance with the Ontario Regulation 429/07, Accessibility Standards for Customer Service and Ontario Regulation 191/11, the integrated Accessibility Standards Regulation, the Township of Oro-Medonte is required to train all third parties or persons who provide goods, services or facilities on behalf of the organization. Contracted employees, third part employees, agents and others who deal with members of the public on behalf of the Township of Oro-Medonte must meet requirements of Ontario Regulation 429/07 and Ontario Regulation 191/11 with regard to training. Training for the aforementioned regulations can be accessed online at the following website addresses: Serve -ability: Transforming Ontario's Customer Service http://www.mdss.gov.on.ca/en/serve-ability/index.aspx Access Forward: Training for an Accessible Ontario http://www.accessforward.ca/ Ontario Human Right Code http:// www.ohrc.on.ca/en/learning/working-together-code-and-aoda Contracted service suppliers are to ensure that training records are maintained, including dates when training is provided, the number of personnel who received training and individual training records. The suppliers are ensure that this information is available any time. I acknowledge the aforementioned accessibility regulations: Company Name: Date: Authorizo-official: Aianature Print Name Title Attachment: Health and Safety Package will be provided to the Successful Tender ,S v 0