2016-040 Agreement between Township and KJ Beamish Construction Co. for snow removal Horseshoe Valley Area 2015-2016The Corporation of the Township of Oro-Medonte
By-law No. 2016-040
A By-law to Authorize the Execution of an Agreement Between
The Township of Oro-Medonte and K.J. Beamish Construction Co., Ltd.
For Snow Removal, Horseshoe Valley Area for the balance of the
2015/2016 season (Tender TES2013-08)
And to Repeal By-law No. 2013-076
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. C160302-6, that Contract No. TES2013-08 be awarded to K.J. Beamish
Construction Co., Ltd. for the balance of the 2015/2016 season;
And Whereas Council deems it expedient to enter into an agreement for Contract No.
TES2013-08 for Snow Removal, Horseshoe Valley Area for the balance of the
2015/2016 season;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
That the Mayor and Clerk be authorized to execute the Agreement for Contract
No. TES2013-08 attached hereto as Schedule "A" and forming part of this By-
law.
2. That By-law No. 2013-076 is hereby repealed in its entirety.
3. That this by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 91h day of March,
2016.
The Corporation of the Township of Oro-Medonte
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TENDER FORf'�,1" - to By -Law No.
TOWNSHIP OF ORO—MEDONTE
Township of
Proud Heritage, Exciting Future
CONTRACT NO. TES2013-08
TENDER FOR SNOW REMOVAL FOR
FEBRUARY/ MARCH 2016
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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.
For further information, please contact.
Lisa McNiven
Manager of Transportation Services
Township of Oro-Medonte
Telephone: (705) 487-2171
Pa
CONTRACT NO. TES2013-08
NOTICE TO BIDDERS:
1. Workplace Safety and Insurance:
i. 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.
TES2013-08.
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 15"' and continue until
March 31St, 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 15"' to March
31St Operating time will be paid for actual time work that has been approved by the area
Foreman.
3
NOTICE TO BIDDERS (contd.):
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:
i. 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
11
K.J. Beamish Construction Co., Ltd.
27 Napoleon Road
Barrie, Ontario L4M OG8
Gerald Sullivan - Project Manager
Telephone: (705) 726.-8061 Fax: (705) 726-8072
Website: www.kl"beamish.ca
Email: gsullivan(sekjbeamish.ca
TENDERING REQUIREMENTS
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. ,
L 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.
U. 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.
W. 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.
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.
167
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.
GI
CONTRACT NO. TES2013-08
SPECIFICATIONS FOR TRUCK AND PLOW.
1. The truck shall be a minimum of 25,400 kg GVWR tandem axle.
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. TES2013-08
SPECIFICATIONS FOR TRUCK AND PLOW
TENDER FOR SNOW PLOWING AND SANDING
11VVe 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. O
ONE-WAY- MANDATORY
February/March 2016
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CONTRACT NO. TES2013-08
SPECIFICATIONS FOR TRUCK AND PLOW
TENDER FOR SNOW PLOWING AND SANDING
WING
MAKE: DEPTH:
MODEL: SID. CONTROLS: C m.ti. nv S 6
LENGTH:
K.J. Beamish Construction Co., Ltd.
Corporation: 27 Napoleon Road
Barrie, Ontario
Address: Gerald Sullivan - Project Manager
jetepttunv. (905) 526 8061 Fa** '705) 776-8072
Website: www.kjbeamish.ca
Email: gsullivan(g*jbeamish.ca
Represented By. 6 E(44,4b S vG1- ! t/,4AJ
Phone Number. %ds - 330 - 1-73 /
Date: M AQ-/ Oa--/ a o%
Z
AGREEMENT
TOWNSHIP OF ORO-MEDONTE
This Agreement made, iruftipWsaft dhistru q*o. rby of 2016.
27 Napoleon Road
Barrie, Ontario L4M OG8
BETWEEN: Gerald Sullivan - Project Manager
Telephone: (705) 726-8061 Fax: (705) 726-8072
Website: www.kjbeamish.ca
Email: gsuliivan(c,kjbeamish.ca of the
%P O ,0420 M Oo nrrg in the
District or County of
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.
Virg]
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
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Signature of Corporation
Seal of Corporation
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