2015-106 Agreement with Nelson Aggregate Co. - GravelThe Corporation of the Township of Oro-Medonte
By -Law No. 2015-106
A By -Law to Authorize the Agreement Between
the Township of Oro-Medonte and Nelson Aggregate Co.
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 Nelson Aggregate Co.
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
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TENDER FOR THE
TOWNSHIP OF ORO-MEDONTE
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Township of ISO
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CONTRACT NO. TES2015-04
TENDER FOR 2015 GRAVEL
TES2015-04 1
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
TES2015-04
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.
I/We (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
delay and further promise to complete the work by as required
BY: Nelson Aggregate Co.
Name of Contractor and/or Individual
ADDRESS: 3114 Burnside Line
Quinn Moyer
Name of Person Signing for Contractor nature
Nelson Aggregate 2433 No 2 Sideroad, Burlington
Office of Person Signing for Contractor
Anthony Ferritto
Witnessed (if individual)
Seal if a Corporation
TES2015-04
(905) 335-5250
Phone Number
quinn.moyer(o)nelsonaggregate.com
E-mail Address
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
Granul
Ski Trails to Old
15,000
$6.25
$11.75
tri $176,250.00
A
Barrie Rd q
$10.50
t/t $157,500.00
Line 7 S —Ridge
1,000
$6.25
$11.50
tri $11,500.00
Rd to Rail Trail
$10.25
t/t 10 250.00
Forrester Road
5,000
$6.25
$12.75
tri $63,750.00
$11.50
t/t 7 ,500.00
Line 7 N at Old
1,040
$6 25
$11.00
tri- $11,440.00
Barrie Road
1
t/t $10,400.00
Line 7 N — Mount
St Louis Rd to
4,100
$6.25
$12.10
tri $49,610.00
Slalom Drive
t/t $44,485.00
10.85
Mount St Louis
Rd — Line 5 to
5,600
$6.25
$12.10
tri $67,760.00
Line 6
$10.85
t/t $60,760.00
Steeles Line —
Moonstone Rd to
5,500
$6.25
$11.00
tri $60,500.00
Highway 400 off
ramp
$10.00
t/t $55,000.00
Granular
Line 4 N —
4,300
$3.75
$8.80
tri $37,840.00
B
Highway 11 to
15/16 Sideroad
$7.75
t/t $33,325.00
Steeles Line —
Moonstone Rd to
2,700
$3.75
$8.50
tri $22,950.00
Highway 400 off
ramp
$7.50
t/t $20,250.00
HST $ 33,670.00
Total Tender $ 292.670.00
*tender cheque based on total for FOB your pit
TES2015-04
Pit Location 3114 Burnside Line RR4. Orillia, On
1. Agreement shall be in effect for a (one) year period, commencing on
April 1st 2015.
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 Nelson Aggregate Co.
Name of Contractor or Individual
ADDRESS 3114 Burnside Line RR4
Quinn Moyer
Name of Person Signing for Contractor ignatu
(PLEASE PRINT)
Nelson Aggregate 2433 No. 2 Sideroad, Burlington (905) 335 -
Office of Person Signing for Contractor
Anthony Ferritto
Witnessed by or Corporate Seal
Name of Person Witnessing Form
(PLEASE PRINT)
Tender and Deposit Requirements
(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.
TES2015-04
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.
TES2015-04
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 191A 1 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.
TES2015-04
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.
TES2015-04
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.mcss.gov.on.ca/en/serve-abilit�/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: N
Authorized Official:
ature / / Print Name Title
TES2015-04
w
Attachment: Health and Safety Package will be provided to the Successful Tender
TES2015-04 10