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2016-039 Repeal 2013-075 Agreement Between Township and John Eek & Sons Ltd. snow removal, Sugarbush area Tender TES2013-07The Corporation of the Township of Oro-Medonte By-law No. 2016-039 A By-law to Authorize the Execution of an Agreement Between The Township of Oro-Medonte and John Eek & Sons Limited For Snow Removal, Sugarbush Area for the balance of the 2015/2016 season (Tender TES2013-07) And to Repeal By-law No. 2013-075 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. TES2013-07 be awarded to John Eek & Sons Limited for the balance of the 2015/2016 season; And Whereas Council deems it expedient to enter into an agreement for Contract No. TES2013-07 for Snow Removal, Sugarbush 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. TES2013-07 attached hereto as Schedule "A" and forming part of this By- law. 2. That By-law No. 2013-075 is hereby repealed in its entirety. 3.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 9th day of March, 2016. The Corporation of the Township of Oro-Medonte Schedule to By -Law No. 20 k&' 63` TENDER FOR THE TOWNSHIP OF ORO-MEDONTE Township of Proad Heritirge, Excltiikq Futtire CONTRACT NO. TES2013-0,7 TENDER FOR SNOW REMOVAL FOR FEBRUARY/ MARCH 2016 THE CORPORATION OF THE TOWNSHIP OF OROWMEDONTE 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 roufe will be ploughed in sequence, according to wriften instruction provided by the Foreman. For further information, please contact: Lisa McNiven Manager of Transportation Services Township of Oro-Medonte Telephone: (705) 487-2171 2 CONLRACT NO. TES2013-0,7 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. 1. 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. 8. 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 1P and continue until March 318t, 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 Ir to March 31st Operating dme will be paid for actual time work that has been approved by the area Foreman.. 3 NOTICE TO BIDDERS (cont'd.}: 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 Onterians 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 Ac4 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 F. 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: i. Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.O. 1890 G. 0.1) and regulations, made under that statute. A 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 indusfry 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 Contractors 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. 5 Penalty Clause: If the Contractor shall fail to complete the work in accordance with the Contract and to the safrsfaction 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 shalt remain unfinished after the time limit specked. 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 CO CONTRACT NO. TES2013-0,� SPECIFICATIONS FOR TRUCK AND PLO W., 9. The truck shall be a minimum of 25,400 kg CVWR tandem axle. Z The truck shag 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 ciearinglremoval equipment; (b) Be in good mechanical and physical condition with an acceptable aesthetic appearance; (c) Display a valid truck cerdfication 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 ouftied 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 1/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) (SNOW PLOWING) (includes H.S.T.) Operating Time (Per Hour) (SANDING) (includes H.S.T.) Standby Time H.S.T. No. f 10 268 bD � 7 FebruaryWarch 2016 75- 0 0 -75-60 3�0, oo d,:Xy PLOWS MAKE: EtlezeA-j- CONTROLS: t f l MODEL: WIDTH: NOSE HEIGHT: CONTRACT NO. TES2013-07 SPECIFICATIONS FOR TRUCK AND PLOW TENDER FOR SNOW PLOWING AND SANDING x WING MAKE: i' k i DEPTH: MODEL: f -r CONTROLS: r l i [ LENGTH: Corporation: TO A til Ce -K )�d Address: l Ydr j u ti 1hd PKuj Arad iv.- )AI P, 11 gox 0z aA 7 Represented By: Q l I Phone Number: Date: Mwr"k AGREEMENT TOWNSHIP OF ORO-MEDONTE This Agreement made, in duplicate, this 3rd day of _CyG 2096. BETWEEN: D h H Gil 4- of the �0 w o, t ?)fca d, To r-4 in the District or County of G; v, e- © 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, pians, 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 Si t ` f _e C _ Sign of the ayor with Seal i,, VAv';C II Signature of Corporation Seal of Corporation ROQUOIS RIDG/ po ¢ �OV� PN�O Sugarbush Subdivision Route Sugarbush Subdivision Route