09 25 2019 Council Agenda
The Township of Oro-Medonte
Council Meeting Agenda
Council Chambers
Wednesday, September 25, 2019
5:30 p.m. - Closed Session
7:00 p.m. - Open Session
The Township of Oro-Medonte is committed to providing and maintaining a working
environment that is based on respect for the dignity and rights of everyone within the
organization and for those individuals visiting our organization.
The Township of Oro-Medonte supports and fosters an environment that is safe,
welcoming and respectful for all residents, visitors, members of Council and staff.
Page
1. Call to Order - Moment of Reflection:
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
3. Disclosure of Pecuniary Interest:
4. Closed Session Items:
a) Motion to go In Closed Session.
b) Motion to Rise and Report.
c) Donna Hewitt, Director, Corporate Services re: Education or training of
members (Plan 626, Lakeshore Promenade).
d) Hugh Murray, Director, Fire & Emergency Services/Fire Chief re: Labour
relations/employee negotiations (Fire & Emergency Services Staffing).
e) Tamara Obee, Manager, Human Resources/Health & Safety re: Labour
relations/employee negotiations (Collective Bargaining).
f) Robin Dunn, CAO; Donna Hewitt, Director, Corporate Services re: Solicitor-
client privilege; Personal matters about an identifiable individual (Procedural
Compliance).
\[Addenda\]
5. Minutes of Council and Committees:
6 - 23a) Reports of Joint Accessibility Advisory Committee meetings held on March
28, May 9, June 6 and July 18, 2019.
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Council Meeting Agenda -September 25, 2019
24 - 39 b) Minutes of Joint Compliance Audit Committee meetings held on December
17, 2018, July 9, 2019 and July 23, 2019.
40 - 59 c) Minutes of Council meeting held on Wednesday, September 11, 2019.
60 - 62 d) Minutes of Special Council meeting held on Monday, September 16, 2019.
63 - 146 e) Minutes of Heritage Committee meeting held on Monday, September 16,
2019.
6. Recognition of Achievements:
None.
7. Public Meetings:
None.
8. Deputations:
147 - 163 a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on behalf of
Democrat Homes Ltd. re: Oro-Medonte Estates Inc., Forest Heights
Subdivision, File No. 43-OM-93022 \[Refer to Item 12a)\].
9. Presentations:
None.
10. Identification From the Public of an Agenda Item of Interest:
Provides an opportunity for members of the public to identify an agenda item
which the public member may request be brought forward and considered
earlier in the meeting.
11. Open Forum:
The Open Forum provides an opportunity for the public to provide verbal
comments to Council, in Open Session, on matters scheduled on the current
agenda, and shall be conducted as follows:
Open Forum shall last no longer than 20 minutes;
Each speaker shall be required to identify the agenda item they are
speaking to and provide their name and address, which may become
part of the public record;
A speaker shall be limited to 2 minutes per agenda item;
No response shall be provided to any question posed during Open
Forum;
No discussion, debate or decisions will occur during Open Forum;
Each speaker is permitted to speak only once per agenda item;
A speaker may provide comment on one agenda item and then shall
step aside to enable another to provide comment on an agenda item;
No speaker shall speak to a second agenda item until other
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Council Meeting Agenda -September 25, 2019
individuals have had an opportunity to speak once;
Speakers providing comment on the same agenda item, shall be
requested to limit their comments so as to provide additional
information and not repeat the same information provided by a
previous speaker;
Comments made during Open Forum will not form part of the minutes
of the meeting;
The following matters will not be permitted during Open Forum:
o Comments/complaints against Members of Council or
Township staff;
o Matters beyond the jurisdiction of Council or the Township;
o Closed Session agenda items, including current or pending
litigation, or Insurance claims and/or pending claims by or
against the Township;
o Comments with respect to Minutes of Council and Committees;
o Comments that are contrary to the Municipal Freedom of
Information and Protection of Privacy Act;
o Comments with respect to any applications which have
proceeded through a Public Meeting in accordance with the
Planning Act, with the exception of comment related to a
recommendation contained within the Staff Report.
The Chair may conclude Open Forum prior to the 20 minute maximum
time limit, for non-compliance with the Open Forum parameters,
Conduct of Members of the Public, or any other reason.
12. Reports of Municipal Officers:
164 - 171 a) DS2019-118, David Saunders, Manager, Development Engineering re: Line
6 North and Horseshoe Valley Road Intersection Design Options.
172 - 238 b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/
Communications re: Community Gateway Signage Design Services Award -
RFP # CS 2018-01.
239 - 242 c) ES2019-6, Michelle Jakobi, Manager, Environmental Services, Compliance &
Capital Projects re: Zone 1 Integration Horseshoe Valley Road Watermain
Crossing.
243 - 245 d) DS2019-120, Curtis Shelswell, Chief Municipal Law Enforcement Officer re:
Noise By-law Update \[to be distributed\].
246 - 250 e) OCS2019-26, Karla Musso-Garcia, Manager, Operations re: Award of
Tender OCS 2019-014 Supply and Delivery of Winter Sand and Winter Salt.
251 - 255 f) OCS2019-27, Shawn Binns, Director, Operations and Community Services
re: Parks and Facility Snow Removal.
13. Reports of Members of Council:
a) Updates from Council Representatives County of Simcoe and Township
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Partners and Agencies.
Agencies, to deliver updates
Agencies.
256 b) Deputy Mayor Jermey, correspondence dated September 17, 2019 from
Shelley Petrie, Program Director, Greenbelt Foundation re: Funding
Opportunity, Call for Letters of Intent Now Open.
14. Consent Agenda:
257 a) Announcements of Interest to the Public:
1. Township of Oro-Medonte, Notice of Closure, Stanley Avenue re:
Culvert 11 Replacement, Closed beginning Monday, September 23,
2019 and scheduled to reopen no later than Friday, October 25, 2019.
258 b) Correspondence dated September 16, 2019 from Doug Luker, Chair,
Sustainability Committee, Sustainable Severn Sound (SSS), CAO, Township
of Tiny and Steffen Walma, Chair, Severn Sound Environmental Association
(SSEA), Deputy Mayor, Township of Tiny re: SSEA and SSS 2020 Budget
Request.
Staff Recommendation: Receive and Refer to 2020 Budget Deliberations.
259 - 260 c) Correspondence received September 6, 2019 from Steve Clark, Minister,
Ministry of Municipal Affairs and Housing re: Bill 108, More Homes, More
Choice Act, 2019 Update.
Staff Recommendation: Receive for Information Only.
261 - 262 d) Correspondence dated September, 2019 from Karla Musso-Garcia, Director,
Simcoe County Roads Supervisors Association (SCRSA) re: 2020
Association of Ontario Road Supervisors (AORS) Tradeshow.
Staff Recommendation: Receive for Information Only.
263 e) Correspondence from City of Orillia; and Simcoe Muskoka Opioid Strategy
re: Educational Forum, Opioids and Other Drugs in Our Community, October
22, 2019, 9:30a.m. - 12:30p.m., City of Orillia, 50 Andrew Street South,
Council Chamber.
Staff Recommendation: Receive for Information Only.
15. Communications/Petitions:
264 - 272 a) Correspondence dated August 7, 2019 from Antoneta and Anisa Berisha re:
Reconsideration of Application for Encroachment Agreements for 80
Lakeshore Promenade and Blackman Blvd.
16. Notice of Motions:
None.
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17. By-Laws:
273 - 274 a) 2019-085: A By-law to remove the Holding symbol on lands described as
follows: 47 Pugsley Lane, Con 11 E Pt Lot 24, Township of Oro-Medonte,
County of Simcoe Roll # 4346-010-011-07300.
275 - 276 b) 2019-091: A By-law to remove the Holding symbol on lands described as
follows: Part of Lot 2, Concession 3, Part 1 on 51R-41444, Township of Oro-
Medonte, County of Simcoe.
277 - 293 c) 2019-092: A By-law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro-Medonte and
Vetta Spa Inc. described as lands as follows: Part of Lot 2, Concession 3
Oro; Part 1, 51R-41444 Township of Oro-Medonte, County of Simcoe.
18. Closed Session Items (Unfinished Items):
19. Confirmation By-Law:
294 a) 2019-093: Being a by-law to confirm the proceedings of the Council meeting
held on Wednesday, September 25, 2019.
20. Questions from the Public Clarifying an Agenda Item:
Questions from the Public Clarifying an Agenda Item provides an opportunity
for the members of the public to seek clarification with respect to the decision
which was made on an agenda item, the meaning of the decision and the
next steps as a result of the decision.
Questions from the Public Clarifying an Agenda Item shall last no
longer than 10 minutes;
Responses provided to questions posed during Questions from the
Public Clarifying an Agenda Item shall be included within the 10
minute maximum time limit;
Each speaker shall be required to identify the agenda item they are
seeking clarification on and provide their name and address, which
may become part of the public record;
A speaker shall be limited to 1 minute per question;
A speaker may pose a question and then shall step aside to enable
another to pose a question;
The Chair may conclude Questions from the Public Clarifying an
Agenda Item prior to the 10 minute maximum time limit, for non-
compliance with the above parameters, Conduct of Members of the
Public, or any other reason.
21. Adjournment:
a) Motion to Adjourn.
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5.c) Minutes of Council meeting held on Wednesday, September 11, 2019.
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OCS 2019-013 Supply and Delivery of One, Four Wheel Drive Diesel Tractor
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Vasey Rd.
65
391
122
99
128
69
Moon
stone Rd.
403
81
45
148
12
400
125
Hor
seshoe Valley Rd.
156
133
421
419 Old
Barrie Rd.
425
162
11
R
idg
e
433
165
439
21
174
440
178
448
194
2
4
215
206
470
3
484
5
490
16
567
18
498
14
9
506
12
7
514
10
5
532
8
3
2
9
6
4
11
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546
13
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3
8
5
7
9
16
10
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2
Location
Hawkestone Yacht Club
Girl Guide Camp
0100 m
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20
of
, 2019
1
Page
September 16
Medonte
-
Photo
in the Township of Oro
LocationLine 3 N, north of Highway 400792 Line 11 N1645 Line 3 N2191 Line 2 North
”
1958
-
, Cemeteries and Churches
of maintaining a
emory of the following
Monuments
ecords the interesting
R
“tradition militia in each community, prepared to defend against invasion or insurrection(Township’s website)Huronia historic sites association
DescriptionErected by the County of Simcoe and the Township of Oro in mfamilies who worshipped and are buried there.In memory of Clowes Primitive Methodist Church 1867
s cairn
Oro drill
e
CairnStone Cairn on Huron SiteEast shed cairnOro African Church cairnClow
List of Cairns, Plaques,Cairns
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Photo
,
arrie
East
, on the curve
LocationOld Barrie Roadnorth sidebetween Line 7 and Line 8(On the County Road allowance)(West of 316 Old BRoad East)687 Lakeshore Road East
.
1923.
-
1944 to the
in
To commemorate and recognize the services of Honourable E.C. DruryBorn in the Township of Oro in 1878.Instrumental in establishing Simcoe County Forest.Served as Premier of Ontario from
1919
DescriptionDonated Township of Oro by George Kirkpatrick in Honour of Those from the Township who served in our armed forces in the war 1939 to 1945.
CairnE. C. DruryBayview Memorial Park
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Location1645 Line 3 North
.
National historic siteSimcoe County historic siteAcknowledges the contribution Blacks made to the development of the area, and the unique situation that brought them here
Description
PlaqueOro African Church
Plaques
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Location28 Church Street2400 Bass Lake Sideroad East
h
is a
1992)
-
pay British officer
-
ng from 1913. The
rovided to and then donated by Lt. Col.
DescriptionSt. Thomas Anglican Churchsignificant central settlement structure for the Shanty Bay area. The church’s construction was completed in 1842 and is settled amidst towering
spruce, a cemetery including the local O’Brien family and mausoleum datiunusual craftsmanship of the structure is evident in the interior wood elements (pews, lectern, pulpit, plan
flooring, wainscoting, ceiling beams and reredos and interior paneling with adze marks). The structure is built on a land grant pEdward O’Brien, a halfwho influenced the design and
direction of the construction.Langman Homestead (1832Settled by Nicholas Langman from SoutPetherwin, Cornwall, England. Married Mary Baskerville (1833) of Leigh’s Corners, Oro Township
and raised their family of 12 children.
PlaqueSt. Thomas Church plaqueLangman Homestead plaque
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north
9
Location1911 Old Barrie Road East (Rugby)66Penetanguishene Road (justof Highway 11)
nee Miller
–
f this area’s pioneer
ry of the Canadian Council
n, Drury became Ontario’s
MacGregor
1890) as Ontario’s first minister
-
1961
-
eacher and novelist whose characters
1873Mrs. Esther Beloved author, who in her many books, portrayed affectionately the live of the people and early time of this part of Oro as well as Ontario. Representative of her writings
are novels ‘Duncan Polite’ and ‘Silver Maple’ area 1920.“Tand fictional situations reflected what she saw in her community” (Township’s website).Simcoe County historic site
DescriptionHon. Ernest Charles DruryA descendant of one ofamilies. Drury was born on this farm in 1878. His father, the Hon. Charles Drury, had served (1888of agriculture. A graduate
of the Ontario Agricultural College. E.C. Drury was appointed secretaof Agriculture in 1909 and became first president of the United Farmers Of Ontario in 1914. The U.F.O. formed
a political party in 1918 and with support from labour won the general election of 1919. Returned as member for Haltoeight prime minister. Following his party’s defeat in 1923 he
retired from provincial politics but later held various public offices in Simcoe County.
PlaqueMarian Keith plaqueE.C. Drury plaque
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Photo
t of
eas
–
Rail Trail
ss Lake Side
oad just
LocationLine 1 South at the Parking Lot BaRLine 5 North(Simcoe County Forest Sutherland Tract)
sponsored Black
-
of the province’s northern
after the renowned British abolitionist.
ounty Forests in 1973. After retiring from
Ed was born in New Brunswick where he obtained a Bachelor of Science in forestry in 1968. After joining the department of Lands and Forest in Ontario his career took him to Chapleau,
Lindsay and finally Midhurst area where he began working in the Simcoe Cthe province in 1996, Ed became the Forester for the County of Simcoe, a position he held until 2005. The Ed
Sutherland tract has been established in the memory of Ed and has more than 30 years of management.
DescriptionBlack Settlement in Oro TownshipThe only governmentsettlement in Upper Canada, the Oro community was established in 1819 to help secure the defencefrontier. Black veterans
of the War of 1812 who could be enlisted to meet hostile forces advancing from Georgian Bya were offered land grants here. By 1831 nine had taken up residence along this road, called
Wilberforce StreetBolstered by other Black settlers who had been attracted to the area, the community soon numbered about 100. The settlement enventually declined, however, as farmers
discourage by the poor soil and harsh climate gradually drifted away. Today only the African Episcopal Church erected near Edgar in 1849 remains as a testament to this early Black
community.
PlaqueBlack Settlement plaqueEd Sutherland
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LocationBetween the Fire Hall (375 Line 11 South) and the Rail Trail3525 McNutt Road
,
th
Canadian
Acknowledges the interesting history of a community established to receive settlers.Township historic site
DescriptionPrivate McNutt left the home farm in May 1942 for active service in the Lanark and Renfrew Scottish Regiment of The Infantry Corps leaving his widowed mother & brother home
on the farm. On October 41944 while serving in the Perth Regiment, he was killed in action in Italy at the young age of 26 years.
PlaqueHistoric Hawkestone (Hodges’ Landing)Juno BeachPrivate George Robert McNutt Plaque
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akeshore
687 LRoad East (Bayview Memorial Park)
687 Lakeshore Road East (Bayview Memorial Park)
past,
–
2016)
-
2017)
-
2018)
-
Medonte Horticultural
-
Ellwood McLaughlin (1923Jean Crawford (1925Marjorie Bell (1937
Donated by the OroSociety in memory of the dedicated service to our society and the community of Past Presidents:Dedicated to the people of Oro present and future generations. It is
through their efforts that this Township first settled in 1819 was, is and shall continue to be a fine place to live and grow
-
OroMedonte Horticultural SocietyBayview Memorial Park Plaque
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LocationNorth of 4632 Line 11 N (on the curve of the road)
–
1871
1901
-
–
1866
1873
1901
–
1900
1900
–
–
1914
–
–
1918
–
1898
–
Boer War
-
Regiment Simcoe Militia
th
DescriptionSir Samuel Benfield SteeleKCMG CB MVOBorn January 5, 1848 at PurbrookSon of Capt. Elmes Steele and his wife Anne.35A battery royal Canadian artillery
North West Mounted Police March West in 1874Kootenay expedition and Fort Steele Yukon the cold rush Raised Strathcona’s horse Commanded in South Africa AgloSouth African constabulary
Promoted Major General Knighted KCMG Died January 30, 1919 at Putney, EnglandBuried at Winnipeg, Manitoba
MonumentSir Sam Steele monument
Monuments
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Location833 Line 7 North223 Darby Road (Intersection of County Roads 27 & 93 in Waverly)
This is a very
The entire park
originally erected in 1920 Waverly is at the
well kept and treasured by
nds, once again one for each
of the grounds.
Township monument records the names of those who fought in the two world wars.Township historic site
DescriptionThe monument was to honour the men lost in the Great War, from the four surrounding townships of Medonte, Tiny, Tay and Flos.crossroads of these four townships. After the
Second World War, four steles were added to the grouof the four townships, each with a list of names of those lost in the war.A marble statue of a WWI soldier stands on top of the original
monument.ancestors forever carved in the stones.
is surrounded by a black metal fence with a gate at the front attractive memorial, the local citizens. The names of their
-
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MonumentOld Town Hall Cenotaph FourTownship War Memorial (Tiny, Tay, Flos and OroMedonte)
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The Plaque has now been removed.
Photo
Location14 Cahiague Road____ Highway 12“East side of Highway 12, just south of Warminster”
rons
38.
-
west trail
-
llia) to
east
trading route. Later it
-
ve, situated here 1830
DescriptionThis highway follows much the same route as the ancient Indian portage from the Narrows (OriColdwater, the majorbetween Lake Simcoe and Georgian Bay. Prehistoric Indians,
fishing at the Narrows as long as 4,000 years ago, may have come this way.Over this trail in 1615 Champlain travelled with the Hurons to winter at Cahiague (near Warminster). Huand
Ojibways, French and British used it as a furserved pioneer traffic to mills, stores and steamboat landings.The modern road was cleared in 1830 under Indian Agent T.G. Anderson, for
the Coldwater and Narrows Indian Reser
s
istoric Site
Historic SiteSite of Cahiague Native VillageOld Coldwater Road
H
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orth
ast of 610 Old
Location540 Line 12 NTo the eBarrie Road WestLot 15, Concession 9 (Medonte)
Township took over the cemetery in 2014Dedicated to the memory of John Leigh Family
Description
CemeteriesLeigh’s Corner CemeteryAbandoned CemeteryMoon Private Cemetery
Cemeteries
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Location1645 Line 3 North1933 Old Barrie Road East
Description
CemeteriesAfrican Methodist Episcopal Church CemeteryRugby Cemetery
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Location28 Church Street
.
anship of
is a significant
pay British
-
DescriptionSt. Thomas Anglican Churchcentral settlement structure for the Shanty Bay area. The church’s construction was completed in 1842 and is settled amidst towering spruce, a cemetery
including the local O’Brien family and mausoleum dating from 1913. The unusual craftsmthe structure is evident in the interior wood elements (pews, lectern, pulpit, plan flooring, wainscoting,
ceiling beams and reredos and interior paneling with adze marks). The structure is built on a land grant provided to and then donated by LtCol. Edward O’Brien, a halfofficer who influenced
the design and direction of the construction.
ChurchSt. Thomas Church
Churches
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Location1645 Line 3 North
is
eclared
hew logs, and is the
-
sh government granted 25
Board of Canada plaque and a
1826. By 1831, thirty more families
-
onstructed of hand
DescriptionOro African Methodist Episcopal Churchlocated at the southeast corner of the intersection of Line 3 North and Old Barrie Road West. This modest church, clast built remnant
of a community of early African Canadians settlers in Simcoe County. The Britiplots to Black settlers in Oro Township from 1819joined the settlement and the church construction was
completed by 1849. The Church was active until 1900 when the community faded away and was dabandoned in 1916. It was designated a National Historic Site in 2000. An unmarked cemetery
is also located on the property. A stone cairn displays plaques commemorating the history of the former church, including the Historic Sites and Monuments stone tablet engraved with
the names of the families buried in the cemetery.
ChurchOro African Church
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Horseshoe
Location1562 Old Barrie Road West301Valley Road West
the Township’s Register
1899
-
Listed in
DescriptionBethesda Congregational Church1859
sda
ChurchBetheCongregational Church Coulson Church
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Old
Location1604 Old Barrie Road East3353 Line 10 North1430Barrie Road East
Listed in the Township’s RegisterListed in the Township’s RegisterListed in the Township’s Register
Description
ChurchKnox Presbyterian ChurchWillis Presbyterian ChurchEsson Presbyterian Church
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Medonte
-
South
Location80 15/16 Sideroad East Oro697 Line 7 South/703 Line 714 Line 4 North
Listed in the Township’s RegisterListed in the Township’s RegisterListed in the Township’s Register
Description
ChurchCentral Presbyterian ChurchOro Station Presbyterian ChurchGuthrie Presbyterian Church
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Location59 Line 4 North4590 Line 6 North1058 Bass Lake Sideroad West
Listed in the Township’s RegisterListed in the Township’s RegisterListed in the Township’s Register
Description
ChurchGuthrie United ChurchHobart Memorial ChurchWest Oro Baptist Church
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Location9160 Highway 12 West4784 Line 4 North1804Warminster Sideroad
Listed in the Township’s RegisterListed in the Township’s RegisterListed in the Township’s Register
Description
ChurchSt. Luke's Anglican Church, Price's CornersMount St. Louis ChurchSacred Heart Church
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Sept. 25, 2019
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Council
Medonte
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Deputation Before Township of Oro
Line North and Horseshoe Valley
Road Intersection Design Options
th
6
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request the westbound turn lane.
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Friends of Sugarbush re
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Cost Sharing Agreement proposes alternate connection of Line 6 North Friends of Sugarbush petition the County and Township for an County constructs eastbound right turn lane at Line
6/HVR.
--–
1994 to Horseshoe Valley Road (HVR) at 260m east from its current location.2009 eastbound right turn lane and westbound left turn lane at Line 6/HVR.2012 2013 and 2018
Background
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County completes Traffic Analysis (TIS) and defers the
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TIS completed by JD Engineering confirms left turn lane was
Additional TIS completed by JD Engineering confirms that the
–
–
2013 and 2019 construction of the westbound turn lane to when Forest Heights Estates is constructed.April 2018 warranted back in 2013 when the County’s TIS was completed.July 2019 existing
Line 6/HVR intersection is an acceptable alternative to the proposed relocated Line 6/HVR intersection.
Background (cont’d)
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Location Map
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1994 Agreement
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Subdivision Boundaries
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Relocated Line 6/HVR Intersection
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Option A
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Relocated Line 6/HVR Intersection
–
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Option A
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Existing Line 6/HVR Intersection
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Option B
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Existing Line 6/HVR Intersection
–
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Option B
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Reassessment of 25 year old proposal for Option A based on current traffic data and residential development in the Sugarbush Community.Updated July 2019 TIS supports Option B.Review
with Township Engineering staff and acceptance that Option B would comply with standard engineering practices and satisfy the 1994 draft plan approval.Summary of benefits of Option
B as follows:
Analysis
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Minimizes disruption/change to existing County and Township road infrastructure.Avoids decommissioning the recently upgraded Line 6/HVR intersection.Reduces the lane/platform width of
the connection road from Ruby Ridge Road to Line 6 N.Reduces the slope of Ruby Ridge Road and its connection to Line 6 N.Significantly reduces the cut/fill earthworks volumes and impacts.Reduces
the total length of road and services construction.Minimizes the disruption to existing services and utilities.Eliminates the need to construct the realignment of Hickory Lane.Allows
for the creation of additional lot(s) as infill on lands within the Ruby Ridge extension.
Engineering Benefits of Option B
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naturalized.
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Reduces the impact of construction within the NVCA regulated wetland area boundary.Reduces the tree clearing area in Phase 2 works of the subdivision due to a reduction in overall excess
fill material requirement.Increases the wetland footprint that can be remediated/re
Environmental Benefits of Option B
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Significant reductions to the overall cost of construction and decommissioning of existing infrastructure.Reductions in road servicing and maintenance costs to the Township.Reductions
in snow removal costs to the Township.
Cost Benefits of Option B
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Option B will provide the necessary capacity to provide safe and efficient traffic flow for the future development in the Sugarbush area including Forest Heights.The available site distance
is acceptable for the intended use.Available collision data since 2012 construction of eastbound right turn lane at Line 6/HVR does not observe any pattern suggesting Option B would
cause traffic safety issues.Traffic flow and access to/from the Line 7 N./Diamond Valley Dr. intersection has been factored in to the overall traffic impact within the Sugarbush area.
Traffic Safety Benefits of Option B
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Improved engineering designImproved traffic safety parametersReduced environmental impactEliminated realignment of Hickory LaneReduced construction costs for both the Township and Developer
Reduced long term maintenance and operations costs to the TownshipInclusion of an extended outbound easterly egress laneInclusion of the westbound left turn lane
Based on this extensive design and technical review, Option B will provide:Recommend Option B be endorsed as the preferred design.
Conclusion
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The Corporation of the Township Oro-Medonte
Request for Proposal
RFP # CS 2019-01
Sealed Proposals, clearly marked as to contents, will be received by Corporate
Services, 148 Line 7 South, Oro-Medonte, Ontario, L0L 2E0, no later than 3:00 pm
(15:00) local time, August 30, 2019.
Late proposals will not be accepted.
Requirements for: Community & Gateway Signage Design
All proposals are subject to the terms and conditions of the Request for Proposal, the
accompanying specifications, and all other contract provisions or data that is
incorporated.
If further information is required, contact:
Jennifer Whitley
Coordinator, Economic Development & Communications
(jwhitley@oro-medonte.ca)
The Corporation of the Township of Oro-Medonte reserves the right to accept or reject
all or part of any proposal, and to accept the proposal that is in the best interest of the
owner.
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Table of Contents
Definitions....................................................................................................................... 7
Part I Project Terms of Reference............................................................................9
1. Introduction...................................................................................................... 9
2.Background......................................................................................................9
3. Timeframe of Project ...................................................................................... 10
4. Project Requirements:.................................................................................... 10
5. Deliverables ................................................................................................... 11
6. Contents of Proposals .................................................................................... 11
Part II Instructions to Proponents............................................................................. 13
1. Deliveryof Proposals..................................................................................... 13
2. Electronic Submissions .................................................................................. 13
3. Proposal Schedule ......................................................................................... 13
4. Competition Intended ..................................................................................... 14
5. Inquiries ......................................................................................................... 14
6. Addendum/Addenda ...................................................................................... 14
7. Site Meeting ................................................................................................... 14
8. Mandatory Proposal Requirements................................................................ 15
9. Checkingof Proposals................................................................................... 15
10. Late Submission............................................................................................. 16
11. Proposal Opening .......................................................................................... 16
12. Amendment of Proposals............................................................................... 16
13. Right to Accept or Reject Proposal ................................................................ 16
14. Proposal Evaluation ....................................................................................... 16
15. Evaluation Criteria.......................................................................................... 17
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16. Negotiations ................................................................................................... 18
The Township may award the contract on the basis of the proposals received, without
discussion. Each proposal should therefore contain the Proponent’s best terms and
complete detailed information. .................................................................................... 18
The Township reserves the right to enter in to negotiations with any selected
Proponent(s). If the Township and the selected Proponent(s) cannot negotiate a
successful agreement, the Township may terminate the negotiations and begin
negotiations with the next selected Proponent(s). This process will continue until an
agreement has been executed or all of the Proponent(s) have been rejected. No
Proponent shall have rights against the Township arising from negotiations. ............. 18
17. Presentation & Interview ................................................................................ 18
18. Award Determination ...................................................................................... 19
19. Execution of Award ........................................................................................ 20
20. Order of Precedence ...................................................................................... 20
21. Alternative Dispute Resolution....................................................................... 21
22. Contract Additions & Deletions...................................................................... 21
23. Proponent Qualifications................................................................................ 21
24. Proponent's Statement of Understanding....................................................... 22
25. Term of Contract............................................................................................ 22
26. Irrevocability of Proposals .............................................................................. 22
27. Errors and Omissions ..................................................................................... 22
28. Proponents Expenses .................................................................................... 22
29. Changes to Proposal Wording ....................................................................... 22
30. Price Components.......................................................................................... 22
31. Freedom of Information.................................................................................. 23
32. Bribery/Fraud................................................................................................. 23
33. Cancellation ................................................................................................... 23
34. Insurance ....................................................................................................... 24
35. Workplace Safety and Insurance Board (WSIB) ............................................ 24
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36. Regulation Compliance and Legislation ......................................................... 25
37. Laws of Ontario .............................................................................................. 25
38. Indemnification ............................................................................................... 25
39. Force Majeure ................................................................................................ 25
40. Severability.................................................................................................... 26
41. Termination of Contract .................................................................................. 26
42. Termination byNotice .................................................................................... 26
43. Termination for Cause.................................................................................... 26
44. Suspension of Work ....................................................................................... 27
45. Suspension in Future ..................................................................................... 27
46. Failure to Complywith Owner Decisions........................................................ 27
47. Evaluation of Performance ............................................................................. 27
48. Time is of the Essence ................................................................................... 28
49. Safety Standards ............................................................................................ 28
50. Non-Waiver .................................................................................................... 28
51. Non-Assignment ............................................................................................ 28
52. Emergency Telephone Number ..................................................................... 28
53. Personal Property Security Act ...................................................................... 29
54. Confidentiality of Information.......................................................................... 29
55. Conflicts of Interest ........................................................................................ 29
56. Township Not Employer................................................................................. 30
57. Township of Oro-Medonte’s Purchasing and Tendering Procedures .............. 30
By-Law No. 2004-112, as amended ............................................................................ 30
58. Working Language ......................................................................................... 31
59. Intellectual Property ....................................................................................... 31
60. Accessibility ................................................................................................... 31
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61. Township of Oro-Medonte Payment Terms .................................................... 32
PartIII Form of Proposal ............................................................................................ 33
Schedule I – Budget ...................................................................................................... 39
Schedule II -List of References.................................................................................... 41
Part IV Agreement......................................................................................................... 43
Part V Appendices.......................................... 50
Accessibility for Ontarians withDisabilities (AODA) .................................................... 52
Contract Change Order Sample .................................................................................. 54
Letter of Credit Wording asRequired By ..................................................................... 57
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\[Intentionally Left Blank\]
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Definitions
Thefollowing definitionsapply to theinterpretation ofthe Request for Proposal and
Contract Documents;
1. “Addenda or Addendum” means any additions, deletions, modifications or other
changes to the Contract Document andall corresponding Schedules and
Appendices.
2. “BusinessDay” means any day from Monday through Friday between the hours
of 8:30 amand 4:30 pm, excluding statutory holidays observed by The Township
of Oro-Medonte.
3. “Calendar Day” means Monday through Sunday inclusive, but excluding any
recognized statutoryholiday.
4. “Closing Date”means the date and time specified inInstructions toProponents,
by which all Proposals shall be received and stamped by the Owner.
5. “Conflictof Interest”has the meaningthat if there is an actual or potential Conflict
of Interest inpreparing its Proposal, and/or theProponent(s) foresees an actual or
potential Conflict of Interestin performing the works required under the Contract.
6. “Contract”means the agreement in writing governing the defined Work, which has
been executed by the Owner and the Successful Proponent following acceptance
by theOwner of the Successful Proponent’s submission and subsequent signed
agreement.
7. “Contract Documents” means a form of agreement,together with the Standard
Conditions, Specifications, Schedules and Appendices, if any, which constitute
the entire understanding between the Township and a Proponent submitting a
Proposal regarding the Work.
8. “Council”means the elected Council for the Township of Oro-Medonte.
9. “Finance Department”means the Chief Financial Officer/Treasurer or his/her
designate working within the Finance Department.
10. “Formof Proposal” are the standard forms provided in the Contract Document.
Proponents must complete and submit the forms contained within this section in
order to provide the necessary information fortheevaluation of the submission for
the purpose of entering into a Contract with the Owner in the event of award.
11. “MandatoryRequirements” means thoserequirements described in Instructions to
Proponents, which shall be fully satisfied inorder for any Proposal to be
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considered by the Owner as compliant.
12.“May”used in this document denotes permissive.
13. “Owner” refers to The Corporation of theTownship of Oro-Medonte, as the case
may be, and as identified in the Request for Proposal, and Contract Documents
for the purpose of the award, execution and performance of the Contract.
14.“Proposal”or “Submission” refers to theinformation submitted by a Proponent in
response to this Request for Proposal.
15. “Proponent”means the legal entity submitting a Proposal.
16.“Requestfor Proposal”or “RFP”meansthedocumentissuedby the Township
and used to solicit Proposals from Proponents to provide goods, services or
construction to the Township.
17. “Shall” and “Will” used in this document denotes imperative.
18. “Sub-Contractor” or “Sub-Consultant” means a legal entity approved by the
Owner undertaking the execution of a part ofthe Work pursuant to an agreement
with the Proponent.
19. “Successful Proponent”means the Successful Proponent(s) whose Proposal has
been accepted by the Township and to whom the Contract is awarded.
20. “Supply”means to provide the necessary tools, material, equipment, and product
to satisfy the Requestfor Proposalrequirements.
21. “Township” means The Corporation of the Township Of Oro-Medonte
22. “Work” means Work/serviceperformed to meet a demand to comply with the
conditions of the Contract, delivery dates, specifications and technical assistance.
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Part IProject Terms ofReference
1. Introduction
The Township is a diverse and beautiful community with a central location in Ontario.
With a population of 21,036 full time residents, it covers a land area of 61,000
hectares, stretching from the westerly border with Barrie, the southerly border with
Lake Simcoe, the easterly border with Orillia and Severn Township and the northerly
border shared with Tay and Severn Townships. The Township is comprised of a
number of smaller hamlets, with Craighurst containing some components of a
traditional downtown including shopping and dining. The Township’s prime location
provides residents and visitors alike with the riches of rural life and the convenience of
a short drive to Barrie, Orillia and the Greater Toronto Area.
The Township is accessible by:
Provincial Highways 11, 12 and 400 and the County of Simcoe road systems;
The Lake Simcoe Regional Airport operated by the City of Barrie and the County
of Simcoe, which is located in the Township;
The Canadian Pacific Rail line, which passes through the Township as it travels
from Toronto to Vancouver;
The Lake Country Oro-Medonte Rail Trail which links the Cities of Barrie and
Orillia; and
Lake Simcoe.
The Township of Oro-Medonte’s Council consists of a Mayor, Deputy Mayor and 5
Councillors elected per individual Wards.
The Township of Oro-Medonte is comprised of 6 departments, specifically: Chief
Administrative Officer’s Office (Human Resources, Environmental Services);
Corporate Services (Clerk, Economic Development, Communications, Special
Projects); Development Services (Planning, Building, Engineering, Municipal Law,
Customer Service); Finance (Information Technology); Fire & Emergency Services;
Operations & Community Services (Roads, Parks, Recreation).
2. Background
Community signage has been identified as a priority from council and there is a
financial allocation from the Main Street Revitalization Initiative provided through the
Ontario Government. This fund is meant to support and help improve rural
communities and boost overall economic well-being. With respect to Craighurst there
is a desire for community gateway signage but also for business promotion to
encourage people to stop and visit the community. Council is considering a multi-year
commitment to an overall signage program that would include a variety of sign types
throughout the municipality depending upon type of community and information
requirements (wayfinding vs. identification etc).
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Given the current financial budgetwe have available through the Main Street
Revitalization Initiative we are looking to determine if this part of the project will
accommodate multiple signs (entrance signs + business signs) or a combined sign in
Craighurst. We are looking for a design that can be scaled for a community such as
Craighurst which is a business hub for the Township of Oro-Medonte as well as other
communities and hamlets throughout the municipality.
See attachment “A” with map of Craighurst
Documents to be provided as background materials for this project:
Township of Oro-Medonte 2015-2018 Strategic Plan
Official Plan – Craighurst Secondary Plan – Urban Design Guidelines
Branding Guidelines (to be available Sept 2019)
RTO7 Signage Guidelines and design elements (consideration for potential
future projects and or funding)
Examples of Current Signs in the Township
Examples of other signage
Township Map
Map of Craighurst
3. Timeframe of Project
The following is the proposed timing for this project:
Release of RFP: August 16, 2019
Last day for questions, errors or omissions from proponents: August 23, 2019
RFP Closing: August 30, 2019
Evaluation of Proposal(s): Week of September 2, 2019
Presentations/Interviews (if required): September 11 & 12, 2019
Staff report to Council with recommendation to award: September 25, 2019
Award of the Contract (after Council approval): September 27, 2019
Final Designs Due Week of November 22, 2019
4. Project Requirements:
The design of aunique community gateway sign into the Village of Craighurst
and or the creation of a business community sign (this potentially could be
incorporated into one sign with the right design).
The designs must incorporate the Township of Oro-Medonte logo
Creative designs that can be customized for individual communities in the
Township
This project will be a pilot project and a starting point for a Township wide multi-year
signage project. This is phase one of the project, recognizing that there will be a
second phaserequiredto put specifications in place for the othertypes and sizes of
signs.
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Design element considerations: in order to plan for the next steps in the multi-year
signage plans in the Township of Oro-Medonte the designs must be able to be scaled
for use in other areas of the Township. Types of future signage the Township is
considering; gateway signs along provincial highways, entrance into smaller
hamlets/communities, wayfinding/directional signs to township owned facilities (ie.
parks, ramps, arena, halls).
The Township of Oro-Medonte Branding Guidelines will be provided to the successful
proponent once the project has been awarded.
Signs in Craighurst could be placed at the following entry points depending on the
costs for fabrication:
signs along Horseshoe Valley Road as you enter into Craighurst, going both
directions
signs along Penetanguishene Road as you enter into Craighurst, going both
directions
A budget allocation of up to $55,000 has been approved for design, fabrication and
installation of 2-4 community signs for the Craighurst community.
5. Deliverables
a) A minimum of 4-6 designexamples to be reviewed by the committee
b) Provide rationalwhy each sign design example would be ideal for the
community of Craighurst and ultimately the Township
c) Demonstrate how each sample can be scaledfor use across the municipality in
other locations as per above considerations for signage
d) Design guide for the Craighurst Community sign(s) including specification for
fabrication and installation (construction and landscape drawings)
As part of the process Township staff may consider doing an outreach to the
community to solicit feedback.
6. Contents of Proposals
The Request forProposal response submission shall include at aminimum the
following information andshall besubmitted in the same format outlined:
The submission contents included must be submitted in full in two (2) complete 8 ½ x
11 paper hard copies with binding, one (1) clearly marked ‘original’, one (1) clearly
marked ‘copy’ and one electronic copy in a single, unrestricted PDF format on a CD or
USB key:
1. Table ofContents,at the front of the submission
2. Completed Proponent Information Form
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3. Company Background and Relevant Experience:
a) Provide an outline of your company background and experience in relationto
this project;
b)Provide information on similar projects, which your company has been
involved with, including references;
c) Describe the unique strengths that your firm can bring to the project and how
these set your firm apart from others.
4. Personnel Summary:
a) Provideinformation related to the qualifications and experience of the personnel
who will be assigned to work directly on this project, including resumes,
documentation of accreditation and/or letters of reference.
5. Work Plan and Timelines
a) Providea detailedwork plan of the services to be provided, including all of the
tasks, milestones and timelines. Indicate the personnel responsible for each task.
The timeline schedule should have sufficient details to clearly demonstrate a full
understanding of the timelines associated with the completion of the project.
6. CompletedForm of Proposal
7. CompletedSchedule II – List of References
8. CompletedConflict of InterestForm
9. CompletedAODA Declaration Form
10. Budget
a) Provide a detailed budget sheet with number of hours, hourly rates and totals
assigned to each individual personnel assigned to this project;
b) Identify anyout ofpocket expenses & disbursements;
c) Identify any sub-consultant(s) that will be used on the project and appropriately
include their fees in the detailed budget sheet;
d) CompletedSchedule I – Budget
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Part IIInstructions to Proponents
1. Delivery of Proposals
TheForm of Proposal, together with all supporting documentation, enclosed in an
envelopebearing the name ofthe Proponentand sealed with the submission label
provided herein affixed to the envelope, shall be received; date and time stamped at
the Township of Oro-Medonte Admiration Office, 148 Line 7 South, Oro-Medonte, ON,
L0L 2E0 no later than 3:00 p.m. (15:00 hours) local time, on the specified closing date.
Proposalstimestampedafter3:00p.m.(15:00hours)are lateandshallbe deemed
non-compliant and shall be returned to the Proponent unopened.
Proposals delivered in person, or by a courier service, without the submission label
affixed to the envelope, or Proposals that are not delivered tothe designated location
by the Proponent or courier service maybe rejected.
Delivery ofthe Proposals through a courier service shall be the responsibility of the
Proponent and shall result in the Proposal being rejected if:
a) theProposal is not delivered tothe location stated on the envelope;
b) the Proposal envelope is delivered tothe Township after the specified closing
date and time.
All Proposals shall be irrevocable and shall remain open for acceptance,at the prices
quoted, for up to ninety (90) calendar days from the closing date and time. In
submitting a Proposal, each Proponentagrees that,notwithstanding anything to the
contrary, the Township may notify the successful Proponent at any time within the
ninety (90) calendar days that its Proposal has been accepted.
The time on the Township’s Panasonic Network Telephone System at the
Customer Service Representative’s desk will determine the Closing Time of the
RFP.
2. Electronic Submissions
Electronically transmitted submissions (facsimile,e-mail, etc.) will not be accepted for
this RFP.
3. Proposal Schedule
Task Date
Issue of Request For Proposal August 16, 2019
Receipt of ProponentsQuestions August 23, 2019
Response toProponents Questions August 27, 2019
RFP Closing Date – include time August 30, 2019 – 3:00 pm
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Note:Although every attempt will be made to meet all the dates, the Township
reserves the right to modify any or all dates, and closing time at its sole discretion.
4. Competition Intended
It is the Township’s intentthat this Requestfor Proposal (RFP) permit competition. It
shall be the Proponents responsibility to advise the Coordinator, Economic
Development & Communications, in writing if any language, requirement, specification,
etc., or any combination thereof, inadvertently restricts or limits the requirements
stated in this RFP to a single source. Such notification must be received no later than
seven (7) calendar days prior to the date set for RFP closing date and time.
5. Inquiries
All inquiries concerning this Proposal,including specifications, process and results are
to be directed in writing (e-mail) through:
Corporate Services; jwhitley@oro-medonte.ca
Inquiriesshall not be directedto any other Township employee. No clarification
requests will be accepted by telephone.
Atranscript of thequestions and answers will be made available, via the method
authorized for advertising the RFP, on or before the date as listed in this document.
Questions or clarification will be answered individually in writing in a transcript, but
response(s) to any question that modified the scope of this document will be issued as
an Addendum and circulated via the method authorized for advertising the RFP.
6. Addendum/Addenda
Addendum/Addenda if required will be issued by the Corporate Services and shall
hereby form part and parcel of the Contract Documents. Failure to acknowledge
Addendum/Addenda issued mayresult in a non-compliantsubmission. All
Addendum/Addenda should be issued to the Proponents forty-eight (48) hours prior to
theClosing date and time. It isthe responsibility ofthe Proponent to ensure they have
received all Addendum/Addenda that have been issued.
The Townshipof Oro-Medonte will assume no responsibility for oral instructions
or suggestions.
Prior to submitting their Proposal, Proponents should check the Township’s website
(www.oro-medonte.ca) to verify they have received all Addenda.
7. Site Meeting
Asite meeting is not required for this RFP.
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8. Mandatory Proposal Requirements
Failure to adhereto the following Mandatory ProposalRequirements shall result in the
Proposal being declared a non-compliant Proposal:
i.Proposalsshallbe receivedin asealedenvelope, asset outin theRFP,by the
Owner prior to the stated Closing date and time;
ii.Proposalsshall be submitted completeandin the original Form of Proposal, as
supplied, without any unauthorized alterations, additions, deletions or qualifying
statements made to or provided with the Form of Proposal.
iii.TheForm ofProposalshallbe ‘original’with an‘original’ signature(s)that is signed
in the spaces provided by a duly authorized official of the Proponent;
iv. BidSecurity and/or Contract Security, Surety Consent Form or Letter of Credit or
Certified Cheque issued by or to be drawn against an Ontario based Surety
Company and/or Canadian chartered bank shall be submitted with the Form of
Proposal and shall reflect the correct amount (if applicable);
v. TheProponent shall attend all mandatory site meetings, if applicable; and
vi. The Proponent shall be previously qualified, under a related pre-qualification
process, if applicable.
If the Proposal is a joint submission of two (2) or more Proponents, a single Proposal is
to be coordinated and submitted by one (1) Proponent, who shall be identified as the
“Lead Proponent” and shall take full responsibility for all associated Proponents.
Signatures on behalf of a non-incorporated body or by individuals shall be witnessed.
In the case of an incorporated company, the corporate seal shall be affixed to the Form
of Proposal adjacent to the authorized signature.
9. Checking of Proposals
Proposals openedare checked by Corporate Services to ensure that:
i. the required Bid security is provided and properly executed, if applicable;
ii. all Proposals submitted comply with the Mandatory Proposals Requirements;
iii.all arithmetic extension calculations are correct;
iv. where there is an obvious error in extensions, additions or computations, the
Township shall be entitled to correct such errors based on the unit prices supplied,
and the corrected total shall be considered as representing the intention of the
Proponent, and shall be used as the basis for comparison of Bids. For greater
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certainty, any failure by a Proponent to insert a unit price where required shall be
deemed to be a $ “0” value;
v. all items as specified have been bid on;
vi. all strikeouts, erasures or overwrites are initialed by an authorized person;
vii. no claims or litigation proceedings have been instituted by the Proponent against
the Township, or in turn by the Townshipagainst the Proponent; and
viii.alladdenda have been acknowledged on theForm of Proposal inthe space
provided.
In any of the above circumstances where there are obvious or patent errors such as
misplaced decimals, the Owner shall consider the intent of the Proponent.
10. Late Submission
Proposals received after the closing date and time will not be considered during the
selection process and will be returned unopened to the respective Proponent.
11. Proposal Opening
Proponents are advised there will not be a public opening for thisRequest for
Proposal. Proposals received, by the date &time of closing, will be opened
administratively by respective members of the Corporation and/or the Evaluation
Team, at a time subsequent to theclosing.
12. Amendment of Proposals
Proponents who have submitted a Proposal may amend it up to the Closing Date and
Time by submitting a replacement Proposal. Amended Proposals must be sealed and
submitted in accordance with all other requirements included in this document. The
amended Proposal will clearly be marked “Amended” and should clearly indicate that it
replaces any other submitted version. In the case of a discrepancy, the Township will
deem the last Proposal received prior to the Closing Time, to be the valid Proposal.
13. Right to Accept or Reject Proposal
The Corporation of the Township of Oro-Medonte reservesthe right to accept any
Proposal,in wholeor in part, that it feelsmost fully meets the selection criteria.
Therefore, the lowest cost Proposal, or any Proposal may not necessarily be accepted
as per The Township of Oro-Medonte’s Purchasing and Tendering Procedures By-law
2004-112, as amended. Township staff shall evaluate all Proposals received by the
Closing Date and make evaluations and recommendations for acceptance.
14. Proposal Evaluation
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An Evaluation Committee will evaluate eachof the Proposals received in accordance
with the evaluation criteria as set out in the RFP Document. The Committee reserves
the right to enter into further discussions in order to obtain information that will allow
the Committee to reach a decision with a Proponent, and to waive irregularities and
omissions if, in doing so, the best interest of The Township will be served.
15.Evaluation Criteria
It is the responsibility of the proponents to provide sufficient information in the
Proposal to exhibit required abilities. Proponents are cautioned that organization of
their response, as well as thoroughness is critical to the evaluation process. All
required information should be furnished and presented in an organized,
comprehensive and easy to follow manner. Selection of a Proposal will be based on,
but not solely limited to, the following criteria and weighting:
ItemEvaluation Criteria Points
1 Qualityand Completeness of Proposal 15
Company Background and Relevant
2 20
Experience
3 Budget 20
Work Plan and Timelines
4 20
5 Personnel Summary 10
6 Client References 15
Total Available Points Stage 1 100
Proposals will be assessed on the basis of information provided by the Proponent at
the time of submission and shall take into account subsequent interviews with the
Proponent as may be required.
Proposals may be considered for an interview.Note: Only teams that havecompleted
work of a similar nature for municipalities, since January, 2008, will be considered.
Proposals will be evaluated on the basis of the following criteria. Each of the criteria
will be scored 1 through 5 with 5 being the best score. Each criteria is assigned a
weighting factor that represents the significance relative to other criteria. The scores
for the criteria will be multiplied by the weighting factor assigned and the results will be
totaled out of 100.
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Criteria:
Note: Refer to the Form of Proposal for specifics relating to content requirements of
the Proposal.
1. Quality and Completeness of Proposal: 1 2 3 4 5 /15
Priority Factor: 3X
2. Company Background and Relevant Experience: 1 2 3 4 5 /20
Priority Factor: 4X
3. Budget: 1 2 3 4 5 /20
Priority Factor: 4X
4. Work Plan and Timelines:1 2 3 4 5 /20
Priority Factor: 4X
5. Personnel Summary: 1 2 3 4 5 /10
Priority Factor: 2X
6. Client References: 1 2 3 4 5 /15
Priority Factor: 3X
Total Score ______________________ out of 100
Proposal evaluation results are the property of the Township. The Township intends
not to disclose evaluation results, under any circumstances, either before, during, or
after the RFP process. An award of an Agreement, if any, shall be based on the
evaluation results. By responding to this RFP, Proponents agree to accept the
recommendations of the Evaluation Committee as final and binding.
16. Negotiations
The Township may award the contract on the basis of the proposals received, without
discussion. Each proposal should therefore contain the Proponent’s best terms and
complete detailed information.
The Township reserves the right to enter in to negotiations with any selected
Proponent(s). If the Township and the selected Proponent(s) cannot negotiate a
successful agreement, the Township may terminate the negotiations and begin
negotiations with the next selected Proponent(s). This process will continue until an
agreement has been executed or all of the Proponent(s) have been rejected. No
Proponent shall have rights against the Township arising from negotiations.
17. Presentation & Interview
The Township reserves the rightto interview any or all of the Proponents that submit a
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Proposal to provide the Evaluation Committeewith additional insight into the
Proponent’s ability to meet the requirementsas requested in the RFP. If required, the
interviews would be conducted by representatives of the Evaluation Committee at the
Township of Oro-Medonte Administration Centre and shall follow this general format:
a.Introductionof Proponent’s ProjectTeam (5 minutes)
b.ProponentPresentation ofthe Proposal(15 minutes)
c. Questions from Evaluation Committee (15 minutes)
d. Questions from Proponents (5 minutes)
Proponents willbe notifiedof thefinal formatfor interviews/presentationsin advance.
18. Award Determination
Consideration for award shall onlybe undertakenin relation to Proponents who are
determined by the Township to have satisfied all the requirements.
The Evaluation Committee hereby reserves the right, privilege, entitlement and
absolute discretion, and for any reason whatsoever to:
i. Recommend acceptance of a Proposal which is not the lowest Proposal
submission, or recommend rejection of a Proposal that is the lowest Proposal even
if it isthe only Proposal received;
ii. Recommend acceptance oftheProposal deemedmost favourable to address the
scope of work.
iii.Recommend acceptance or rejection ofany and all Proposals, whether in whole or
in part;
iv. Recommend acceptance or rejection ofany unbalanced, irregular, or informal
Proposals; or
v. Recommend rejection of any Proponent who is involved in litigation with the
Township.
The Evaluation Committeereserves the right to consider, during the evaluation of
Proposals:
vi. Informationprovided inthe Proposal itself;
vii.Informationprovided inresponse toenquiries ofcredit, experience and industry
referencesset outin the Proposal;
viii. Information received in response to enquiries made by the Owner of third parties
apart from those disclosed in the Proposal in relation to the reputation, reliability,
experience and capabilities of the Proponent;
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ix. The manner in which theProponentprovides services to others;
x. The experience and qualification of the Proponent’s senior management, and
project management;
xi. The compliance of the Proponent with the Owner’s requirements and specifications;
or
xii.The Proponent acknowledges that the Ownermay rely upon the criteria, which the
Owner deems relevant; eventhough such criteria may not have been disclosed to
the Proponent. By submitting a Proposal, the Proponent acknowledges the
Owner’s rights under this section and absolutely waives any right, or cause of
action against the Owner, by reason of the Owner’s failure to accept the Proposal
submitted by the Proponent, whether such right or cause of action arises in Project,
negligence, or otherwise.
19. Execution of Award
The Successful Proponent, if any, shall sign the Contract in triplicate (3), within seven
(7) calendar days of written notification of acceptance.
The following completed documents, as listed, shall be submitted prior to or at the time
of signing:
a) Agreement signed and sealed in triplicate;
b) Contract Security, if applicable;
c) current Insurance Certificate;
d) a currentcopy ofthe Workplace Safety and Insurance Board Certificate of
Clearance;
e) Payment Information, if applicable;
f) AODA Declaration Form and;
g) Any other documentation requested within this RFP.
20. Order of Precedence
The SuccessfulProponentunderstands that the Contract shall consist of the following
documents, ranked in order of priority, from highest to lowest:
a. The duly signed Agreement preceding the Schedules;
b. Township’s Change Orders (including any purchase orders issued for these
Change Orders);
c. the Schedules of the Agreement;
d. any addenda to the RFP;
e.the RFP Document;
f. any modifications to the Proposal acceptable to the Township, in its sole discretion;
and
g. the Proposal submitted by the Proponent.
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The Contractshall constitute the entire agreement between the parties pertaining to
the subject matter of this RFP and shall supersede all prior agreements,
understandings, negotiations and discussions, oral or written, between the parties or
any documentation that may otherwise accompany the Work. Any conflict or
inconsistency between the components of the Contract shall be resolved, to the
extent of any conflict or inconsistency, in accordance with the order of authority
stated above.
TheTownshipreservestherighttoincludeadditionaltermsandconditionsduringthe
process of Contract negotiations. These terms and conditions shallbewithin the
scope of the originalRFPand Contract documents and will be limited to cost,
clarification, definition and administrative and legal requirements.
21.Alternative Dispute Resolution.
(a) If requested in writing by either the Township or the Proponent,the Township and the
Proponent shall attempt to resolve any disputebetween themarisingout of or in
connection with this Contract by entering into structured non-binding negotiations
with the assistance of a mediator on a without prejudice basis. The mediator shall be
appointed by agreement of the parties. If a dispute cannot be settled within a period
of ninety (90) calendar days with the mediator, the dispute shall be referred toand
finally resolved by arbitration under the rules of the province having jurisdiction or by
an arbitrator appointed by the agreement of the parties.
(b) No person shallbe appointed to act as mediatoror arbitrator who is in any way
interested, financially or otherwise,in theconduct of the work on the project or in the
business or other affairs of either the Township or the Proponent.
(c) The award of the arbitrator, including an award for costs if applicable, shall be final
and binding upon the parties.
(d)Theprovisionsofthe ArbitrationAct, 1991,S.O.1991,Chapter 17,as amended shall
apply.
22. Contract Additions & Deletions
The Township reserves the right to add and/or delete any item(s) from the Contract.
Deletions will not resultin any penaltyin any form.
23. ProponentQualifications
Qualified Proponents are those which:
havesufficient facilities andresources to meet the Township’s needs;
will provide all of the Township’s Key Service Requirements;
demonstrate reasonable flexibility and willingness to work with the Township as a
business partner;
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have experience with clients requiring services of a similar scope and complexity
as theTownship of Oro-Medonte and provide contact details for these clients.
24. Proponent's Statement of Understanding
Itis understood that Proponents have carefully examined all of the Contract Documents
and have carefully examined the Work to be performed under the Contract if awarded.
The Proponent also understands and accepts the said Contract Documents, and for the
prices set forth in the Proposal to be firm for the length of the project.
25. Term of Contract
The term of contract willbecome effective upon award to the successful Proponent(s)
and shall remain in effect for the entire period of the work.
26. Irrevocability of Proposals
By submission of a clear and detailed writtennotice, the Proponent may amend or
withdraw its Proposal prior to the closing time. Upon closing time, all Proposals become
irrevocable. By submission of a Proposal, the Proponent agrees thatshould its Proposal
be deemed successful the Proponent will enter into a Contract with the Township.
27. Errors and Omissions
Nooral interpretation shall be effective to modify any provisions of the Contract
Documents. Any modification or clarification shall be by written Addendum. The
Addendum(s) shall form part of the Contract Documents.
28. Proponents Expenses
Proponents are solely responsible for their own expenses in preparing a Proposal and
for subsequent negotiations with the Township, if any. If the Township elects to reject all
Proposals, the Township will not be liable to any Proponent for any claims, whether for
costs or damages incurred by the Proponent in preparing the Proposal, loss of
anticipatedprofit in connection with any final Contract, or any other matter whatsoever.
29. Changes to Proposal Wording
The Proponent will notchange the wording of its Proposal after closingand no words
or comments will be added to the Proposal unless requested by the Townshipfor
purposesofclarification.
30. Price Components
All prices will be quoted in Canadian Funds.
Prices must be expressed in accordance with the unit of measure specified in the
document.
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Prices documented shall be net prices including transportation and delivery charges fully
prepaid by the Proponent to any specified destination within the limits of the Township,
unless a breakdown is requested on the Schedule I Budget.
The Township reserves the right tocorrect patent computational or other mathematical
errors evident on the face of the bid; however, unit prices will not be adjusted.
31. Freedom of Information
All Proposals submitted to the Owner become the property of the Owner and as such,
are subject to the Municipal Freedom of Information and Protection ofPrivacyAct
(“MFIPPA”).
All correspondence, documentationand informationprovided to staff of the Township by
any Proponent in connection with, or arising out of this RFP, and the submission of any
Proposal will become the property of the Township and as such is subject to MFIPPA,
and may be released, pursuant to the Act. The Proponent’s name at a minimum shall be
made public upon request.
In-line with MFIPPA, Proponents are advised to identify in their Proposal material, any
scientific, technical, commercial, proprietary or similar confidential information, the
disclosure of which could cause them injury. Any information in the Proponent’s
submissions that is not specifically identified as confidential will be treated as public
information. All correspondence, documentation and information provided to the
Evaluation Committee may be reproduced for the purposes of evaluating the
Proponent’s submissionsto this RFP.
32. Bribery/Fraud
Should any prospective Proponents or any of their agents give or offer any gratuity or to
attempt to bribe any employee of the Owner, or to commit fraud, the Owner shall be at
liberty to cancel the prospective Proponent’s Proposal and to rely upon the Bid Security
submitted for compensation, if applicable.
33. Cancellation
i. In the event the Successful Proponentdoes not comply with the specifications, terms
and conditions, and scope of work, at any time throughout the duration of the
Contract, the Contract shall be cancelled in accordance with the terms contained
herein.
ii. The Owner upon non-performance of Contract terms may cancel the Contract;
however, in doing so, the Owner does not waive its right to rely upon any obligations
or commitments agreed to by the Proponent as part of their Proposal. The Proponent
remains liable for the difference between the next acceptable Proposal of goods
and/or service Proposal prices.
iii. Wherethere is a question of non-performance, payment in whole or in part may be
withheld at the discretion of the Owner. This action shall not prevent the Owner from
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taking early payment discounts otherwise applicable.
34. Insurance
The successful Proponent shall maintain and pay for Commercial General Liability
Insurance with an insurer acceptable to the Owner. The coverage shall include premises
and all operations liability to be performed by the Proponent. This insurance coverage
shall be subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive
per occurrence for bodily injury, death and damage to property including loss of use
thereof for any one occurrence.
i. The CGL policyshall include The Corporation of the Township of Oro-
Medonteas an additional insured in respect to all operations performed by
or on behalf of the Successful Proponent.
ii.TheSuccessfulProponentshallbeentirelyresponsible forthecostofany
deductible, which is maintained in any insurance document.
iii.The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse,
without thirty (30) days prior written notice to the Owner.
In addition, Professional LiabilityInsurance is required, in an amount of not less than
Two Million Dollars ($2,000,000) inclusive per claim. All required insurance would be
endorsed to provide the Township within 30 days advance written notice of cancellation
or material change. The Service provider will provide the Township with evidence of the
required insurance, in the form of a completed Certificate ofInsurance, immediately
following execution and delivery of the Contract.
Where applicable the successful Proponent shall carry standard automobile and non-
owned automobile liability insurance and shall protect themselves against all liability
arising out of the use of owned or leasedvehicles, used by the Successful Proponent, its
employees or agents. The limits of the liability for both owned and non-owned vehicles
shall not be less than Two Million Dollars ($2,000.000.00) per occurrence.
35.Workplace Safetyand Insurance Board (WSIB)
The successful Proponent shall be requiredto supply a Certificate from the Workplace
Safety and Insurance Board prior to the start of the Contract and thereafter upon request
during the life of the Contract indicating that all of the assessments the successful
Proponent or any sub-consultant is liable to pay under the Worker's Safety Insurance
Board Act or successor legislation have been paid and they are in good standing with
the Board.
Effective January1, 2013, Bill 119 legislates that all Consultants, Contractors and Sub-
Contractors, categorized under Class G: Construction,shallhave aWSIBaccount and
clearance coverage prior to commencing any Contract.
Alternatively, if the Successful Proponent is an Independent Operator and is not
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categorized under Class G:Construction, the Successful Proponent must submit a
letter from the WSIB, confirming that s/he has Independent Operator Statusunderthe
WSIBAct.Ifthe Successful Proponent does not have Independent Operator Status, the
Successful Proponent shall;
I.CompleteanIndependentOperatorStatusQuestionnaireuponbeing awarded the
Contract; and,
II. fund all costsassociated with any appeal ofadetermination by WSIB that the
proponent/contractor is not an Independent Operator; and,
III. provide proof of Employer’s Liability Insurancein an amount not less than two
million dollars ($2,000,000) per occurrence (provided either by WSIB
or the
successful Proponent’s insuranceprovider).
The Successful Proponent acknowledges and agrees that the Township is not hiring an
employee(s) to perform the work associated with this RFP. As such, the Township
reserves the right to terminate all Contracts associated with this RFP if all appeals have
been exhausted and the Successful Proponent is determined by WSIB or court or
tribunal of competent jurisdiction to be an employee.
36. Regulation Compliance and Legislation
The Successful Proponent shall ensure all services and products provided in respect to
this Contract are in accordance with and under authorization of all applicable authorities,
Municipal, Provincial and Federal legislation, including but not limited to:
the Occupational Health and SafetyAct and its regulations;
the Workplace Safety & Insurance Act and itsregulations;
the Municipal Actand its regulations;
37. Laws ofOntario
Any Contract resulting from this Request for Proposal will be governed by and will be
construed and interpreted in accordance with the laws of the Province of
Ontario.
38.Indemnification
The Successful Proponent shall indemnifyand save harmless the Owner, its Agentsand
employees from and against any and all liability whatsoever for losses, liens, charges,
claims,demands,payments,suits,actions, recoveries and judgments (including legal
fees and expenses) of everynature and description broughtor recovered against either
the Owner, its Agents and employees, or the Successful Proponent by reason of a
negligent act, error or omission of the Successful Proponent, its Agents, employee or
licensees in providing the services, including, without limiting the generality of the
property, injury or the death of any persons, alleged
forgoing, loss or damage to
copyright, patent or other intellectual property rights infringement or interference,
defective design or damage to the environment.
39. Force Majeure
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Neitherparty shall be responsible for any delay or failure to perform its obligations under
the Contract where such delay or failure is due to fire, flood, explosion, war, embargo,
Governmental action,Actof Public Authority, Act of God, or toany other cause beyond its
control, except labour disruption.
In the event Force Majeure occurs, the party who is delayed or fails to preform shall give
prompt notice to the other party and shall take all reasonable steps toeliminate the
cause.
Should the Force Majeure event last for longer than 30 calendar days, the Owner may
terminate this Contract by notice to the successful Proponent without further liability,
expenseorcost of any kind.
40. Severability
Should any term or portion of this Contract be found to be invalid or unenforceable, the
remainder shall continue to be valid and enforceable.
41. Termination of Contract
The Owner may terminate this contractat any time without penalty upon giving written
notice to the Proponent, if, in the sole opinion of the Owner, the Proponent is unable to
deliver the service as required, the Proponent’s performance of the service is
persistently faulty or below the required standard, or, the Proponent becomes insolvent
or commits an act of bankruptcy.
42. Termination by Notice
The Owner may terminate this contract at any time upon notice to the Proponent,
whereupon the Owner shall only be liable for any Proponents fees and expenses for
satisfactorily completed work up tothe date of the termination and not thereafter.
43. Termination for Cause
The Ownerreservesthe right in itssole discretion to terminate this contract, in whole or in
part, at any time, without penalty, expense or further liability of any kind:
a. Atanytime, uponnotice to the Proponent, for a major breach of the terms of this
Contract by the Proponent;
b. At any time,uponnotice to the Proponent,following the failure of the Proponent
to satisfactorily remedy, repair or replace any defector or deficiency in the
Proponent’s performance of the Contract, after having been given notice to do
so by the Owner;
c. At any time if the Proponent makes an assignment for the benefit of its creditors,
a proposal of compromise with its creditors, a declaration of its voluntary
bankruptcy or insolvency, a placing or its cessation or winding up of its business,
in whole or in part;
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d. At any time ifa Force Majeure event preventing performance of the Contract by
either party continues for longer than thirty (30) consecutive days; or
e.Asotherwiseprovided inthis Contract.
The Owner’s rights of termination shall be in addition toany other rights or remedies it
may have in law, in equity or under this Contract.
44. Suspension of Work
The Owner may in its sole discretion at any time upon notice to the Proponent in writing
suspend the performance of the Work, in whole or in part, for a specified or unspecified
time.
Upon receiving notice of the suspension, the Proponent shall immediately suspend all
operations concerning that identified portion of the Work except such Work as is
necessary in the opinion of the Owner to care for, preserveandprotect the Work.
During the period of suspension, the Proponent shall only be entitled to be reimbursed
for its reasonable, proper and actual expenses in caring for, preserving and protecting
the Work.
Should the period of suspension of the Work, in whole or in part, last longer than thirty
(30) calendar days orsuch longer period as the parties may agree upon inwriting, either
party to the contract may consider the contract to be terminated by mutual agreement
without further liability.
45. Suspension in Future
Inthe event the Proponent fails to provide quality service, equipment or personnel, as
determined by the Owner in its Sole discretion, the Proponent may be deemed ineligible
for similarwork infuture competitionsfor contractsissued by the Owner.
46.Failure to Complywith Owner Decisions
Ifthe Proponent fails to comply with any decision or direction of the Owner made
pursuant to the Contract, the Owner may, upon notice to the Proponent, employ such
methods as the Ownerdeems advisable to do that which the Proponent failed to do, at
the Proponent’s cost and expense.
The Proponent shall be liable for and shall upon demand pay to the Owner an amount
equal to the aggregate ofall costs,expensesand damages including the cost of any
methods the Owner employed by reason of the Proponent’s failure to comply as above.
47. Evaluation of Performance
At project completion, the Township will conduct an evaluation of the Proponents overall
performance with input from the Township’s Inspectors or consultants if applicable. This
evaluation will be reviewed with the Proponent and recommendations will be put forward
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asto the Successful Proponent’s overall suitability of future Township of Oro-Medonte
work. It must also be noted that while overall performance is being evaluated, the
Township reserves the right to suspend a Proponent for extreme or repeated inadequate
grades on any issues related to health and safety, specifically items public safety and
traffic control, compliance with all WSIB provisions, maintenance of employee safety
standards, compliance Ministry of Labour regulations. The evaluation shall be placed on
file and a copy will be provided to the Proponent. This information may be made
available to persons requesting Owner references for the Contract.
The Proponent hereby authorizes the maintenance and release of this information.
48. Time is of the Essence
The Owner shall have the rightto cancel at any time anyproject or any part of any
project resulting from this RFP in respect to the goods, materials, articles, equipment,
work or services, covered thereby, not delivered or performed by the specified time in
the written document, without incurring any liability whatsoever in respect hereto. “Time
is of the essence”.
49. Safety Standards
Itis the responsibility of the Successful Proponent to Work in a safe andorderly manner
so as not to constitute any safety hazards.
50. Non-Waiver
Nocondoning, excusing or overlooking by the Owner of any default, breach or non-
observance by the Successful Proponent at any time or times in respect of anyprovision
herein contained shall operate as a waiver of the Owner's right hereunder in respect of
any continuing or subsequent default, breach or non-observance or so as to defeat or
affect in any way the rights of the Owner herein in respect of any such continuing or
subsequent default or breach, and no waiver shall be inferred from or implied by
anything done or omitted by the Owner save only an express waiver in writing. Any
Work completed by the Owner required by this agreement to be done by the Successful
Proponent shall not relieve the Successful Proponent of his/her obligations to do that
Work.
51. Non-Assignment
The Successful Proponent may not assign this Contract nor any Work to be performed
under this Contract or any part hereof without the prior written consent of the Owner.
Such written consent however shall not under any circumstances relieve the Successful
Proponent of his/herliabilities and obligations under this Contract and shall be within the
sole and unfettered discretion of the Owner.
52. Emergency Telephone Number
Prior to commencing, the Work, the SuccessfulProponent shallprovidethe Owner with
the name(s) and telephone number(s) of his/her representative(s) who can be contacted
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on a 24-hour basis in case of an emergency during the term of the Contract.
53. Personal Property SecurityAct
The Successful Proponent warrants that the goods/inventory/equipment being supplied
to the Owner, are free and clear of all liens, charges, encumbrances, mortgages,
hypothecations, copyright, patents or any third party statutory claims.
54.Confidentialityof Information
Proponents receiving this RFP maynot use, disclose, orduplicate it for any purpose
other than to prepare a response.Proponents shall keep the Township data confidential
and shall not disclose its content to
any other party, other than to those internal
employeesor agentsresponsibleforpreparinga submission, withoutthe prior written
approval of the Township. Receipt of this RFP does not entitle the Proponent to
associate its services with the Township in any way, nor represents in any way that the
Township has employed or endorsed the Proponent’s services. Any such association or
endorsement being contemplated by the Proponent must receive the prior written
approval of the Township.
The Township will not disclose or share a Proponent's responseto this RFP with other
Proponents or other organizations.
The submission ofa Proposal indicates acceptance by theProponent of all of the
conditions contained in this Request for Proposal unless clearly and specifically noted in
the Proposal submitted and confirmed in the formal Contract between the Township and
the Successful Proponent. Deviations from the Request for Proposal must be clearly
identified in the written submission. Proposals are subject to a formal Contract being
negotiated, prepared and executed. The Township reserves the right to negotiate the
terms and conditions of the Contract.
55. Conflictsof Interest
Proponents(s) shall disclose, in their submission, all perceived, potential, and actual
Conflicts of Interest. For the purposes of this RFP, “Conflict ofInterest” includes:
any situation or circumstances where, in relation to this RFP and/or the Contract,
the Proponent(s) other commitments, relationships or financial interests could or
could be perceived to exercise an improper influence over the objective, unbiased
and impartial exercise of independent judgment by any personnel of the Evaluation
Committee or the Township;
any situation or circumstances where any person(s) employed by the Township in
any capacity;
has a direct or indirect financial interest in the award of the Contract to any
Proposal(s);
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is currently employed by, or is asub-contractor or aconsultant to a
Proponent(s);
is negotiating or has an arrangement concerning future employment or
contracting with any Proponent(s);
has an ownership interest in,or is an officer or director of, any
Proponent(s).
Ifa Proponent(s) discovers, at anytime, any perceived, potential, or actual Conflicts of
Interest, the Proponent(s) shall promptly disclose the Conflict of Interestbysendinga
writtenstatement clearlyidentifying the conflict to the CAO’s Office (Corporate &
Strategic Initiatives).
Failure of any Proponent(s) to comply with this section may result in the disqualification
of the Proponent(s) and the rejection of its submission.
Without limiting the generality of the Township’s rights, theTownship may, in its sole
discretion:
exclude any Proponents(s)and its submission on the grounds of Conflict of
Interest;
waive anyand all perceived, potentialoractual Conflicts of Interest upon such
terms and conditions as the Township, in its sole discretion, requires to satisfy
itself that theConflict of Interesthasbeen appropriately managed, mitigated
and minimized.
In the event any Proponent(s)is found tobe in a potential Conflict of Interestduringthe
term of the Contract, the Proponent shall disclose the said conflict immediately. The
Township reserves the right to request any Proponent(s) cure the conflict to the
Township’s complete satisfaction. Failure to cure the conflict shall result in
disentitlement to any compensation under this Contract.
56. Township Not Employer
The Proponent agreesthatThe Corporation of the Township of Oro-Medonte is not to be
understood as the employer to any Successful Proponent nor to such Successful
Proponent’s personnel or staff for any work, services, or supply of any products or
materialsthatmaybe awardedasaresult ofthisRFP.It is understoodthat the
Successful Proponent will act as an independent contractor.
57. Township of Oro-Medonte’s Purchasing and Tendering Procedures
By-Law No. 2004-112, as amended
Itis the responsibility of all Proponents tobecome familiar with and comply with The
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Township ofOro-Medonte’s Purchasing and Tendering Procedures By-law.The
Township’s Purchasing and Tendering Procedures By-law can be found on Township’s
website: www.oro-medonte.ca
58. Working Language
Theworkinglanguage ofthe TownshipofOro-MedonteisEnglish andall responsesto
this Request for Proposal must be English.
59. Intellectual Property
All information and data, in any form,together with all designs or materials capable of
intellectual property protection, prepared, developed or created by the Proponent, its
employees or agents during the performance of and/or pursuant to thisworkshall
automatically become the property of the Township. Proponents and their employees
and agents each agree to sign whatever documentation may be necessary togivefull
force and effect to this paragraph.
60. Accessibility
In accordancewith Ontario Regulation 429/07, Accessibility Standards for Customer
Service Section 6,every providerofgoods and services shall ensure that everyperson
who deals with members of the public or participates in the developing of the service
provider’s policies, practices and procedures governing the provision of goods and
services to members of the public, shall be trained on the following:
1. How to interact and communicate with persons with various types of disability
2. How to interact with persons with disabilities who use assistive devices or require
the assistance of a guide animal, or a support person
3. How to use assistive device equipment that is available on the premises thatmay
help inthe provision of accessible goods or services
4.Whattodoif apersonwitha particulartypeofdisability ishaving difficulty
accessing the provider's goods or services
5. Information on the policies, practices and procedures governing the provision of
goods and services to peoplewith disabilities.
Contractedemployees, third party employees, agents and others thatprovide servicesto
the public on behalf of the Township of Oro-Medonte must meet the requirements of
OntarioRegulation 429/07with regard to training under the Accessibility for Ontarians
with Disabilities Act (AODA).
A document describing your training policy or procedure, a sample copy of training and
details of training dates and attendees may be required to be submitted to the Township
prior to the commencement of any work.
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61. Township of Oro-Medonte Payment Terms
The Township payment terms are30days from receipt of Invoice. Harmonized Sales
Tax (HST) is an extra and shall beidentified separately in the Contract Documents and
on all invoices.
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PartIIIFormofProposal
FormofProposal
Township of Oro-Medonte
148 Line 7 South, Oro-Medonte, ON L0L 2E0
RFP#: CS 2019-01
Community & Gateway Signage Design
Documents to Be Enclosed with This Form of Proposal
Complete Contents of Proposal
Proponents Information Form Signed & Sealed
Schedule II - List of References
Conflict of Interest Form
AODA Declaration
Budget
Upon Award
W.S.I.B Certificate (upon award)
Certificate of Insurance (upon award)
Other information to be included
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Proponents Information Form
Proponents must complete this form and include with their Submission.
Please ensure all information is legible.
1. Company Name
2.
Proponent’s Main Contact
Individual
3.
Address (include postal address)
4. Office Phone #
5. Toll Free #
6.
Cellular #
7. Pager #
8. Fax #
9.
e-mailaddress
10. Website
11. HST Account #
12.
Will you accept payment by
YES:NO:
Visa?
Acknowledgement of Receipt of Addenda
This will acknowledge receipt of the following addenda and, that the pricing
quoted includes the provision set out in such addenda
Addendum #Date Received
#
#
Check here if no Addendum received.
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Conflict ofInterest
Prior tocompleting this portion of the Form of Proposal, Proponents(s) should refer
to the definition of Conflict of Interest set out in the RFP.
Check the box that applies:
TheProponent(s) declares that there is not an actual or potential Conflict of
InterestrelatingtothepreparationofitsProposaland/ortheProponent(s)donot
foresee an actual or potential Conflict of Interest in performing the services required
under the Contract.
TheProponent(s)declares thatthere is an actual orpotential Conflict of
InterestrelatingtothepreparationofitsProposal,and/ortheProponent(s)foresees
an actual or potential Conflict of Interest in performing the services required under the
Contract.
If the Proponent(s) declares an actual or potential Conflict of Interest by marking the
box above, the Proponent(s) must set out below details of the actual or potential
Conflict ofInterest:
The Proponent(s)agrees that, upon request, the Proponent(s) shall provide the
Township with additional information on the Conflict of Interest.
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To The Corporation of the Township of Oro-Medonte, hereafter called the
"Owner":
I/We the
undersigned declare:
1. That I/We represent that no person, firmor organization, other than the
Proponent,has anyinterest in this Proposal orin theproposed Contract forwhich
said Proposal is made.
2. That I/We declare that there is no perceived, potential, and/or actual Conflicts of
Interestrelatingtothe preparationofthis Proposaland/orI/We donot foreseean
actual or potential Conflict of Interest in performing the services required under
the Contract, unless otherwise declared.
3. That this Proposal is made without any connections, knowledge, comparisonof
figures or arrangements with any other company, firm or person making a
Proposal for the same Work and is in all respects fair and without collusion or
fraud.
4. I/We represent that no member of the Council, and no officer or employee of the
Owner, is, or has become interested, directly or indirectly, as a contracting party,
partner, stockholder, surety or otherwise howsoever in or on the performance of
the said Proposal, or in the supplies, Work or business in connection with the said
Proposal, or in any portion of the profits thereof, or of any supplies to be used
therein, or in any monies to be derived there from.
5. That the several matters stated in the said Proposal are in all respects true
accurate and complete.
6. ThatI/Wedoherebyproposeandoffertoenterintoanagreementtosupplyand
deliver all materials mentioned and described or implied therein including in
every case freight, duty, currency exchange, H.S.T. in effect on the date of the
acceptance of Proposal, and all other charges on the provisions therein set forth
and to accept in full payment therefore, in accordance with the prices and terms
set forth in the Proposal herein.
7. That additions oralterations toor deductionsfrom the said Proposal, if any, shall
be made in accordance with thepricesstated in Provisional Items of the
Schedule of Unit prices in strict conformity with the requirements of the Proposal
and all unused monies in Provisional Items shall be deducted from the final cost
of the Work and any quantities exceeding those shown shall be added.
8. That this Proposal is irrevocable and opento acceptance untilthe formal Proposal
is executed by the awarded Proponent for the said Work or Ninety (90) Calendar
Days, and prices for as long as stated elsewhere in the document, whichever
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event first occurs and thatthe Owner may atany time within that period without
notice, accept this Proposal whether any other Proposal has been previously
accepted or not.
9. That if the Proposal is accepted, I/We agree that the Contract shall constitute the
entire agreement between the parties and shall supersede all prior agreements,
understandings, negotiations and discussions, oral or written, between the
Proponent and the Owner or any documentation that may otherwise accompany
the Work. Any conflict or inconsistency between the components of the Contract
shall be resolved, to the extent of any conflict or inconsistency, in accordance
with the order of authority stated in Order of Precedence in this RFP.
10.That if the Proposal is accepted, I/We agree to furnish all documentation, security
and certifications as required by the Proposal and to execute the agreement in
triplicate within seven (7) calendar days after notification of award. If I/We fail
to do so, the Owner may accept the next highest ranked or any Proposal or to
advertise for new Proposals, or to carry out completion of the works in any other
way they deem best and I/We also agree to pay to the Owner the difference
between this Proposal and any greater sum which the Owner may expend or
incur by reason of such default or failure or by reason of such action as aforesaid
on their part, including the cost of any advertisement for new Proposals, and
shall indemnify and save harmless the Owner and their officers from all loss,
damage, cost, charges and expense which they may suffer or be put to by
reason of any such default or failure on my/our part.
11.That I/We agree to save the Owner, its agents,or employees, harmless from
liability of anykind for the use of any composition, secret process, invention,
article or appliance furnished or used in the performance of theProposal of
which the Proponent is not the patentee, assignee, or licensee.
12. I/We hereby accept and agree that the Total Proposed Price (including HST) as
stated in the Form of Proposal will form an integral part of this contract.
13. TheProponent hereby accepts and agrees that the Addenda referred to in this
document form an integral part of this contract.
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Theundersigned affirms that he/sheis dulyauthorized to executethis Proposal.
Proponent's Signature and Seal:
(I have authority to bind the
company) Position:
Witness: (If not
under seal)
Position:
(If Corporate Sealis not available, documentation shall be witnessed)
Datedatthe
(City/Township)
This day of 2019.
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Schedule I –Budget
Community & Gateway Signage Design
The Total Proposed Pricing shall beall inclusive, including but notlimited to, mileage,
disbursements, andtravel time.
Description Lump Sum Fee
All works as described within the RFP document $
Subtotal $
HST $
Total Proposed Pricing $
The Total Proposed Price (excluding HST):
Dollars
($ ),
in lawful money of Canada.
Inserted price inwords take precedence over numeric
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Schedule II -List of References
The Proponent shall provide below three (3) separate references other than the
Township, havingpurchased a similar size and design of goods and/or services as
specified herein foraprevious five (5)yearperiod fromthe issuance ofthis
document.
Project Name:
Companyfor whom the work was completed:
On theprojectdid yourfirm act as:
Prime Consultant Sub Consultant
Valueof your portion of the project? Date of Completion of this project?
Contact Name at the owner’s facility: Contact’s Email Address:
Telephone Number with Area Code: Fax Number withArea Code:
Project Name:
Companyfor whom the work was completed:
On the project did your firm act as:
Prime Consultant Sub Consultant
Valueof your portion of the project? Date of Completion of this project?
Contact Name at the owner’s facility: Contact’s Email Address:
Telephone Number with Area Code: Fax Number withArea Code:
Project Name:
Companyfor whom the work was completed:
On theprojectdid yourfirm act as:
Prime Consultant Sub Consultant
Valueof your portion of the project? Date of Completion of this project?
Contact Name at the owner’s facility: Contact’s Email Address:
Telephone Number with Area Code: Fax Number withArea Code:
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Reference Release Form
I(authorized signatory for the Proponent)
authorizethe Township to contactthe personand/or organization listed on the List of
References, for the purpose of obtaining information relating to the Proponent and
Project.
TheTownshipreservesthe right tocall referencesif in itssole discretionfinds a need
to do so. The Township reserves the right to check other references other than listed
herein.
If the Township is unable to obtain a satisfactory reference or if the reference does
not respond to the reference call or if the reference chooses not to comment, the
reference will be deemed unsatisfactory.
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PartIVAgreement
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PartIVAgreement
Draft –Amended Upon Award
Terms and Conditions of Professional Services Agreement (Short
Form)
This Agreement made this dayof 2019.
Between
The Corporation ofthe Township ofOro-Medonte hereinafter called the “Owner”,
And
hereinafter called the “Proponent”
Whereas the Owner hasawarded to the Proponent the Proposal for;
RFP # CS 2019-01
Community & Gateway Signage Design
Accordingto the terms and conditions herein referred to, the Proponent having put
in a Proposal therefore, a copy of which is hereto annexed, which Proposal was
accepted by the “Owner” on the;
day of 2019.
Scope of Work
1. The Corporation of the Township of Oro-Medonte (“Township”) hereby retains the
Consultant to provide the Services as specified below andin the Township’s
Request for Proposal document (“RFP”) under the general guidance and direction
of the Township:
The Proponent shall provide the Township with Designs for Community & Gateway
Signs for Craighurst as detailed in objectives sections 4 & 5 of RFP # CS 2019-01.
2. TheProponent agreesto supply,atits sole cost and expense, all staff, equipment
and technical assistance necessary to perform the Services as stipulated herein.
Contract Documents and Order of Precedence
1. The Professional Services Agreement (“Agreement”) shall consist of the RFP,
the Proponent’s Proposal and these Terms and Conditions. In the event of
conflicts or inconsistencies between these documents, the terms of these Terms
and Conditions shall prevail over the RFP and the Proposal, and the terms of
the RFP shall prevail over the Proposal.
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Fees andDisbursements
1. TheTownshipshallpay totheProponentas fullpayment and compensationfor
the Services anamount not to exceed the upset limit of the Total Proposed
Pricing by the Township, including all disbursements but excluding the
harmonized sales tax. No payment in excess of this amount shall be made
without the Township’s prior written authorization.
2. DuringthetermoftheAgreement, the pricesquoted by the Proponentare not
subject to change without the prior writtenconsent of the Township and the
Proponent shall not be entitled to any increases in the upset limit or to the prices for
any of the individual items.
3.Providedthat theConsultantisnot in defaultof itsobligations underthe
Agreement, and provided that the Township does not dispute the invoice submitted
by the Consultant, the Township shall pay each invoice submitted within thirty (30)
days of receipt. The Consultant shall not be entitled to any interest upon any
payments made by the Township beyond the 30-day period.
Workplace Safety and Insurance Board (WSIB)
1. The Consultant must be in good standingwith the Workplace Safety and Insurance
Board and shall furnish the Township with satisfactoryevidence, in the form of a
valid WSIB Clearance Certificate, prior to commencement of the Services under the
Agreement, upon presentation of a final invoice and at any other time during the
Agreement at the Township’s request.
2. The Consultant shall maintainits WSIBInsuranceor pay such assessments as will
protect the Consultant and the Township from claims under Workplace Safety and
Insurance Act, and, from any other claims for damage from personal injury,
including death, which may arise from the Consultant’s performance under the
Agreement.
3. In theevent that the Consultantis not required by law to be registered with WSIB,
confirmation of employer’s liability insurance in the amount of $2 million
($2,000,000.00) is required. Such coverage shall be confirmed by a Certificate of
Insurance.
Compliance with Laws
1. TheConsultant acknowledges that itisaware of the provisions of the Occupational
Health and Safety Act (Ontario), the Environmental Protection Act, the Human
Rights Code, the Pay Equity Act (Ontario), and any other applicable Federal,
Provincial, and/or Municipal statutes, regulations, policies and guidelines
thereunder and agrees to comply with, and cause to be complied with, the
provisions thereof as such statutes, regulations, policies and guidelines may be
amended or replaced from time to time.
2. The Consultant shall do, shall cause to be done, shall refrain from doing, and/or
shall prohibit from being done, any act or thing as directed by the Township if, at
any time, the Township considers that any situation or condition is unsafe,
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damagingto theenvironment or contrary to the provisions of any applicable
statutes, regulations, policies or guidelines.
Records and Audit
1. The Township shall have the right to audit all books and records (in whatever
form they may be kept, whether written, electronic or other) relating or pertaining
to the Agreement (including any and all documents and other materials, in
whatever form they may be kept, which support or underlie those books and
records), kept by or under the control of the Consultant, including, but not limited
to those kept by the Consultant, its employees, agents, assigns, successors and
subcontractors. The Consultant shall maintain such books and records, together
with such supporting or underlying documents and materials, for the duration of
this contract or agreement and for at least two years following the completion of
the Agreement, including any and all renewals thereof. The books and records,
together with the supporting or underlying documents and materials shall be
made available, upon request, to the Township, through its employees, agents,
representatives, contractors or other designees, during normal business hours at
the Consultant's office or place of business. In the event that no such location is
available, then the books and records, together with the supporting or underlying
documents and records, shall be made available for audit at atime and location
in the Township of Oro-Medonte, Ontario, which is convenient for the Township.
Use of Work
1. Notwithstanding any otherprovisions of the Agreement, the Township shall have
the right to take possession of, and use, any completed or partially completed
portions of the work.
2. The Township shall retain exclusive ownership in all components and
deliverables created solely under this Agreement and shall own any copyright
and patent directly related to and developed solely pursuant to this Agreement.
QualityControl and QualityAssurance
1. The Consultant warrants thatit shall perform the Services with the requisite
degree of skill and competence to satisfy the Township’s requirements as
stipulated in the Agreement.
2. The Township reserves the rightto monitor the performance of the Consultant
and to issue directives to the Consultant to remedy any condition which the
Township considers to be detrimental to provision of the Services, which the
Consultant shall be required to carry out within the timeframe stipulated by the
Township.
3. At any time during the course of the Agreement, the Township maydirect the
Consultant to immediately remove a staff member and replace them with
another staff member acceptable to the Township.
Changes and Alterations and Additional Services
1. The Consultant shall not change or deviatefromthe scope of Services without
the prior written consent of the Township.In the event that the Consultant
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undertakes a change or deviation in the scope of Serviceswithout theprior
written consent of the Township, it shall not be entitled toany additional
payments.
Assignments and Subcontracts
1. It is understood and agreed that the Consultant will be an independent contractor
and that the employees or agents of the Consultant will perform all services
offered. Subcontracting agreements made by the Consultant will not release the
Consultant from any obligation to the Township with respect to the performance
of its obligations under the Agreement.
2. The Township must grant prior written approval for any assignments and all sub-
contracts which may be granted on such terms, as the Township deems
advisable. The Township’s consent to any assignment or subcontract shall not
release the Consultant from its duties and obligations under the Agreement.
Damages and Set Off
1. If the Township shouldsuffer damagebecause of any wrongful act or neglect of
the Consultant or of anyone for whom the Consultant is responsible in law, then
the Township shall be reimbursed by the Consultant for such damage.
2. Serviceswhich have not been performed tothe Township’s satisfaction in
accordance with the Agreement, whether the result of poor workmanship or
through carelessness or other acts or omissions of the Consultant or any of its
subcontractors, shall be promptly rectified in accordance with the Agreement at
the Consultant’s expense.
3. In theevent thatany portion of the Services is not performed in accordance with
the Agreementor is not satisfactory to theTownship, the Township may retain,
as a holdback, an amount equal to the Township’s estimated cost to perform the
Services in a satisfactory manner, until the Services have been completed to the
satisfaction of the Township.
4. In addition to the rights set forth above,theTownship shall have the right
to set-off againstthe monies due or which may become due to the
Consultantunder the Agreement, any amounts owing by the Consultant to
the Township.
Suspension or Termination
1. The Township may, at any time by notice in writing tothe Consultant, suspend or
terminate the Services, or any portion thereof. Upon receipt of such notice, the
Consultant shall perform no further Services and shall not be entitled to any
payment for additional work beyond that date, nor for lost profits or any
consequential damages as a result of the termination.
2. In addition to the above, if the Consultant should become bankrupt or insolvent,
or if a receiver is appointed because of itsinsolvency, or if the Consultant
transfers, assigns or otherwise disposes of its interest in the Agreement or any
part thereof without the prior written authority of the Township, the Agreement
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PartIVAgreement
12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co...
shall terminateas of the date ofthe any such event and the Township shall pay
for the Services rendered and disbursements incurred by the Consultant to the
date of termination.
3. Upon termination of the Agreement, alldocumentation relating to the Project shall
be deliveredto the Townshipincluding all work product, drawings, paper and
electronic files, and the Consultant shall not be entitled to payment until it has
provided the Township with all such documentation.
4. Allduties andobligations ofthe Consultant withrespecttoServices provided
up to and including the date of termination shall survive termination of the
Agreement.
Indemnification
1. The Consultant shallindemnify and saveharmless theTownship, its
directors, officers, council members, partners, agents and employees from
and against all claims, demands, actions, losses,expenses, suits,
proceedings, costs or damages of every nature and kind whatsoever which
the Township, its directors, officers, council members, partners, agents and
employees may suffer as a result of the acts, error or omissions of the
Consultant, its employees, officers, subcontractors or agents in the
performance of the Agreement, including, but not limited to any suits or
proceedings (including by any government agency) arising as a result of any
violation or alleged violation of any statutes or regulations, policies and
guidelines thereunder, and any legal costs associated therewith.
Insurance
1. Withoutrestricting the generality of the section on Indemnification, the
Consultant shall obtain, maintain, pay for and provide evidence of the
following insurance coverage, taken out with insurance companies
licensed to transact business in the Province of Ontario and not otherwise
excluded by the Township’s Director, Finance/Treasurer/Deputy CAO:
a) CommercialGeneralLiability Insurance
Commercial General Liability (“CGL”) Insurance shall include as an
additional insured, the Township of Oro-Medonte, with limits of not less than
two million dollars ($2,000,000.00) inclusive per occurrence for bodily and
personal injury, death and damage to property including loss of use hereof.
b) Automobile LiabilityInsurance
Automobile Liability Insurance in respect to owned andnon-owned vehicles
shall have limits of not less than two million dollars ($2,000,000.00) inclusive
per occurrence and shall protectagainst all liability arising out of the use of
owned or leasedvehicles, used by the Consultant, itsemployees or agents.
c) Professional LiabilityInsurance
ProfessionalLiability Insurance shall have limits of not less than two
million ($2,000,000.00) inclusive per claim, covering services or activities
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12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co...
that are professional in nature and thereby excluded under the CGL
policy.
The form ofall insurance to be provided herein,shall in all respects be satisfactory to
the Township’s Director, Finance/Treasurer/Deputy CAO and shall be maintained
continuously from either the commencement of the services or the signing of the
Agreement, whichever is sooner. The policies shall be endorsed to provide the
Township with not less than thirty (30) days written notice in advance of cancellation,
change or amendment restricting coverage.
Confidential Data
1. The Consultant shall not divulge anyspecific information as confidential,
communicated to or acquired by it, or disclosed by the Township in the
course of carrying out the Services provided for herein. No such information
shall be used by the Consultant on any other project without the approval in
writing of the Township.
Claims and Disputes
1. Should the Consultant wish to claim additional compensation arising outof a
change to the scope of Services or forany other reason, it shall provide the
Township with written notice of this claim within five (5) business days of
becoming aware of the claim, failing which, it shall not be entitledto any
compensation for such claim. In the event of any claims or disputes between the
parties, the Consultant will continue to perform the Services without interruption,
if so directed by the Township, pending the resolution of the claim/dispute.
General Requirements
1. Time shall be of the essence ofthe Agreement.
2. Any notice given pursuant to the Agreementmay be delivered by facsimile
transmission, electronic mail or mailed by prepaid registered mail to the
addresses designated by the respective parties. If delivered, the notice is
effective on the date of delivery, and if mailed, the notice is effective on the fifth
(5th) business day following the day of mailing.
3. The Agreement shall ensure to the benefit of, and be binding upon, the
Township, the Consultant, their heirs, executors, administrators, successors and
permitted assigns.
4. The Agreement constitutes the complete and exclusive statement of the
agreement between the parties, which supersedes all proposals, agreements,
arrangement or understandings, oral or written, and all other communications
between the parties, relating to the subject matter of the Agreement, except as
referenced in, and made part of, the Agreement.
5. The Agreement may be modified only by a written amendment signed
authorized representatives of both parties.
6. The Agreement shall be governed by, and construed in accordance with, the
laws of the Province of Ontario.
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12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co...
In witness whereof the parties hereto have hereunto set their hand and seals on the
above date.
Proponent
Signed, Sealed
and
Delivered in the ) By:
presence of (if practical); )
) Position:
)(IhaveauthoritytobindtheCompany)
)
) Witness:
)(IfnotunderSeal)
)
) Owner
)
) Per:
Witness ) H.S. Hughes,Mayor
)
)
) Per:
) Janette Teeter, Deputy Clerk
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Part VAppendices
Part VAppendices
Proponent Payment Information
Accessibility for Ontarians with Disabilities (AODA)
Contract Change Orders
Letter ofCredit
Noticeof“No Proposal”
Submission Label
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Part VAppendices
Payment
Information
VendorName:
To ensure the accuracy of our account information, you must attach a void cheque
and complete the following financial information:
Name of Financial Institution:
Address ofFinancial Institution:
Account Information:
Bank Code Transit Number Account Number
Remittance Information
Contact person:
E-mail address: _________________________________________
Name: Title/Position:
Phone: ( ) Fax: ( )
Signature: Date:
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Accessibilityfor Ontarians with Disabilities (AODA)
The Accessibility for Ontarians with Disabilities Act, 2005 and Regulations under this Act
wereenactedtoimproveaccessibilityforpersonswithdisabilities.Thislegislationappliesto
public sector organizations such as the Corporation of the Township of Oro-Medonte as well
as to
private companies and organizations that provide goods and services on behalf of the
Township.
The Township of Oro-Medonte is committed to ensuring legislative compliance and providing
persons with disabilities consistent opportunity and access to Township goods, services, and
facilities. Accordingly, the Township hasadoptedpolicies,procedures,andpracticesthat
address integration, independence, dignity, and equal opportunity.
The Accessibility Standards for Customer Service Regulation (O. Reg. 429/07) was
developed toensure that all customers can access goods and services and that their
individual disability needs are met while accessing an organization’s goods and services.
This Regulation requires thatobligatedorganizationsensurethateverypersonwhodeals
with members of the public or otherthirdpartiesontheirbehalf,whetherasanemployee,
agent, volunteer, or otherwise, receives training. The Regulation outlines the required
training components. All public sector and private organizations were required to comply with
this Regulation by January 1, 2012.
The Integrated Accessibility Standards Regulation (O. Reg. 191/11) includes requirements
for information and communication, employment, transportation and the design of public
spaces in the built environment, as well as general accessibility requirements. Public sector
organizations and private businesses must comply with this Regulation. Commencing in
2014, organizations must ensure that training is provided on the requirements of this
Regulation and the Ontario Human Rights Code as it pertains to persons with disabilities to
all employees, volunteers and those who provide goods, services or facilities on behalf of the
organization.
The Township of Oro-Medonte and all agents and contractors mustcomply with the
OADA and its Regulations. Failure to comply with the Act may result in administrative
penalties pursuant to Parts IV and V of the Act.
The Township may request that agents and contractors provide records of training and
confirmation of compliance with the Act and its Regulations. Links are provided below to
assist with compliance. Your co-operation and support are essential to increasing accessibility
for persons with disabilities.
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12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co...
AODA Declaration Form
I, the undersigned, in submitting the Accessibility Compliance Form (thereinafter “form”) to
theTownshipofOro-MedontedoherebymakethefollowingstatementsthatIcertifytobe
true and complete in every respect. I certify, on behalf of
(CorporateNameof Proponent,thereinafter
“Proponent”) That
1. I haveread andunderstand the contents of this form;
2. I understand that if this form is found not tobe true and complete in every
respect, the Corporation of the Township of Oro-Medonte has the authority to
discontinue the services oftheProponent;
3. I am authorized by the Proponent to sign this formand to submit the form on
behalf ofthe Proponent;
4. I acknowledge that as a vendor ofthe Corporation of the Township of Oro-
Medonte that I/we are required to comply with the Accessibility for Ontarians
with Disabilities Act, 2005 and all Regulations under this Act, as amended
from time to time;
5. I declarethat I/wehave reviewed, understand and will meet all accessibility
Acts and Regulations, as amended from time to time;
6. I declarethat I/wewill undertake to ensure that all employees, agents, sub-
contractors, and volunteers hired by the Proponent in completion of our work
will also comply with accessibility legislation.
Proponent's Signature:
(I have authority to bind the company)
Position:
Dated thisday of 2018.
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12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co...
Contract Change Order Sample
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12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co...
Instructions for Use for Change Orders (if applicable)
1. This form is to be used for all changes in the work that involve changes in price
including any such changes covered by Certificates of Equality.
2. All additional or extrawork andchanges in the work must be authorized by
the Owner. Cases may arise when instructions on changes must begiven to
the Contractor right away to avoid damage or expensive delay.If the change is
of a minor nature, the Resident Engineer or Inspector may proceed but should
inform the Owner's Project Manager without delay. If the proposed change is
more costly or if there is doubt about its desirability, it should be cleared with the
Project Manager by telephone. Whenever possible, the price should be agreed
upon prior
to thecommencementof the work.
3. Achange in the amount of a unit price iteminthe Schedule of ItemsandPrices
as a result of the measured quantity differing from the estimated quantitydoes
not require the issuance of a change order specificallyforthat item. The
change in amount will be coveredbythe last (Final Measurement) change order
issued for the contract, as explained in para. 11 below.
4. Extra work carried out on the direction of the Owner requires the issuanceof a
change order. The change order must identifythe work and shallgive the
quantities, prices and amounts involved.
5. Whenwork isto be performedon a cost-plus or unit-price basis and the exact
cost will not be known until the work has been completed, the change order
should be headed "COST-PLUS"or "UNIT PRICES", as the case may be, and
the estimated cost should be shown. The estimated cost is NOTto be included
under "Total Additions" or "Total Deductions", nor is the "Balance of Contingency
Allowance" or the Contract Price to be changed. When the work covered by
the change order has been completed, a further change order is to be prepared
giving the final cost. It will be given a new numberand this number will be
followed by the original number suffixed by "a"; e.g., if the change order giving
the estimated cost is No. 7 and if when work has been completed 11 change
orders have been issued, the change order showing the completed cost will be
numbered 12.7a.
6. Change orders should be set out clearly.If the reason for the issuance of a
change order is not clear from the change order itself, one copy of an explanation
should be sent to the Owner with the change order. Change orders must state the
quantities or estimated quantities involved and must state how the price or
priceswere arrived at. Quotations obtained from the Contractor or sub-
contractors should give adequate breakdowns, and mark-up percentages must
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12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co...
be in accordance with the Contract (see Sectionof the General Conditions
headed "Valuation of Variations.").
7. Onlyrelated changes are to be included in the samechange order.Unrelated
items shouldbecovered byseparate change orders.
8. Change orders should be submitted promptly to theOwner for approval during
the period of construction and should not be accumulated in batches or have their
submission delayed to the end of the job.
9. TheConsulting Engineer should give careful consideration to the matter of
whether an extension of the Time for Completion should be given on account of
a change order. His recommendation shouldbegivento the Engineer when
forwarding the change order to approval. If itisdifficult or impossible to decide
at the date of issuance of the change orderwhat would be a reasonable
extension to give,thisshould be stated andthematter should be discussed with
the Engineer at a suitable date.
10. Additional or extra work willbe paid for out of the Contingency Allowance without
immediately changing the ContractPrice. Only when the Contingency
allowance has been used up or when the Final Measurement change order is
prepared will the Contract Price be changed.
11. On contracts that include unit price items, the last change order issued
should be headed "Order No.? (FINAL MEASUREMENT)."Thedescription will
be "adjust quantities and amounts of all unit price items in the Schedule of Items
andPrices in accordance withthe final measurement". The amount of the
change order will be the net addition or deduction due to the final
measurement, and the Contract Price will be shown in the bottom right-hand
corner of the form as "Final" instead of "revised to date".
12. Attached to each copy of the change order should be a copy of the detailed final
measurement set out item by item as in the Schedule of Items and Prices showing
the estimated quantities, unit prices, amounts, final quantities, final amounts,
adjustments inquantitiesand amounts and the net total of all other change orders
approved. This is to be typed on the Owner's "FINAL MEASUREMENT" forms.
13. The Owner will require the original and one copy of the change order. Sufficient
additional copies should be submitted to fulfil the requirements of the Consulting
Engineer and the Contractor. All copies shall be signed by the Contractor and
the Consulting Engineer before being submitted to the Agency. When the
change order has been approved, all but the original and one copy will be
returned to the Consulting Engineer for distribution.
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Letter of Credit Wording as RequiredBy
The Corporation of the Township of Oro-Medonte
Financial Institution: Date ofIssue:
(Name/address of FinancialInstitution) Irrevocable Letterof Credit
Identification # of Letter of Credit
Applicant: Beneficiary:
(Name/address of Applicant) The Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON L0L 2E0
Amount: (infigures)(CAD)
(in words)(CAD)
Wehereby authorizeyou to draw on (name andaddressof financial institution) for
the accountof (name of applicant) up to an aggregate amount of (maximumamount
of
letter of credit in words)(CAD)(maximum amount of letter of creditin
figures)(CAD), available with ourselves, on demand, by payment, against presentation
of the document(s) detailedherein and of your draft(s) at sight drawn on ourselves.
Pursuant to the request of our customer, the said (name of applicant), we, the (name
and address of financial institution), hereby establish and give to you an irrevocable
standby letter of credit in your favour in the total amount of (maximum amount of
letter of credit in figures)(CAD) (maximum amount of letter of credit in
words)(CAD) which may be drawn on byyou at anytime andfrom time to time upon
written demand for payment made upon us by you which demand we shall honour
without inquiring whether you have a right as between yourself and our said customer
to make such demand and without recognizing any claim of our said customer.
Provided, however, that you are todeliver to the (name and address of financial
institution), at such time as a written demand for payment is made upon us,a
certificate signed by you agreeing and/or confirming that monies drawn pursuant to
this creditare to be and/or have been expended pursuant to obligation incurred or to
be incurred by you relative to (insert purpose and date of agreement).
Theamount of this standby letter of credit may only be reduced by drawings
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12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co...
endorsed hereon or as advised by noticein writing to us by you.
Thisstandby letter of creditwill continue up to(dateofexpiryofletterofcredit)and
will expire at our counters on that date and you may call for payment of the full amount
outstanding under this letter of credit at any time prior to that date subject to the
following:
Itisa conditionofthis letterofcreditthatitshall bedeemedtobeautomatically
extended without amendment for one year from the present or any future expiry date
hereof, unless 30 (thirty) days prior tosuch expiry date, we notify you in writing by
registered mail/courier, thatwe elect not to consider this standby letter of credit to be
renewable for an additional period. Upon receipt by you of such notice, you may draw
hereunder by means of your signed demand for payment certifying that the amount
drawn will be retained and used by you to meet obligations incurred or to be incurred
with the above. Further that you will release any amounts not required by you directly
to the applicant.
Partial drawings are permitted.
The draftsdrawn under this standby letterofcreditaretostateontheir face that they
are drawn under (name and address of financial institution) standby letter of
credit stating its number and date.
We hereby agree that drafts drawnunder this standby letter of credit will be duly
honoured upon presentation provided that all terms and conditions of the standby
letter of credit have been complied with.
Thisstandbyletter of credit is subject to the “Uniform Customs and Practice for
Documentary Credits (20xx Revision) International Chamber of Commerce,
Publication No. xxx”, and engages us in accordance with the terms thereof.
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12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co...
Proposal Irregularities
ItemIrregularityResponse
1 Late Proposals Automatic rejection, not read publicly and
returned unopened to Proponent
2Automatic rejection
Unsealed Envelopes (Tenderor
Other)
3 Amount on deposit cheque incorrect Automatic rejection
4 All required sections of Proposal Automatic rejection unless, in the
documents not completed consensual opinion The Finance
Department, Director in charge of RFP
solicitation, Clerk or Treasurer, the
incomplete nature is trivial or insignificant
anddoesnot affect the total price.
5 Proposals not completedin Ink, Automatic rejection
typewritten or automated printers
6 Automatic rejection
Incomplete, illegible or obscure bids
or Proposals which contain
additionsnotcalledfor
7 Erasures, alterations, or strike-out May be rejected, unless such changes
errorsor irregularities of any kind clearly exhibit the Proponent’s intent, as
such two (2) business days shall be given
to rectify
8 Failure to attend mandatory site visitAutomatic rejection
9 Automatic rejection
Proposals received on documents
other than those provided in RFP or
requested
10 Pricing or signature pages missing Automatic rejection
11 Part Proposals (all itemsnot bid) Acceptable unless complete Proposal has
been specified in the request.
12 Documents in which all necessary Automatic rejection
Addenda, which have financial
implication, have not been
acknowledged
13 Two (2) business days to acknowledge
Documents in which all necessary
Addenda, which have informational
content, have not been
acknowledged
14 Automatic rejection
Proposals received on documents
other than those provided in the
Form of Proposal by the
Township of Oro-Medonte
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12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co...
15 Proposals received without proper Acceptable if officially received on time
label used
16 Automatic rejection
FailuretoinserttheProponent’s
business name in the spaces
providedin the Form of Proposal
17 Failure to include signature of the Automatic rejection
personauthorized tobind the
Proponent in the space provided in
the Form of Proposal
18Automatic rejection
Conditions placed by the Tenderer
on the Total Contract Price
19 Qualified Proposals (Proposals Automatic rejection unless, in the
qualified or restricted by the consensual opinion of The Finance
attached statement)Department,Director incharge of Proposal
solicitation, Clerk or Treasurer or
designates, the qualification or restriction is
trivial or not significant and does not affect
the total price.
20 RFP clearly states that anaward Proposals may be rejected except when the
may bemadefor individual items. RFPclearly states that an award may be
made for individual items (contracts such as
equipment rental or some material contracts
which are in effect several individual
contracts combined).
21 Corporate seal or signature missing; Two (2) business days torectify
signatory’s authority to bind the
Corporation or signature missing
22 Automatic rejection
Corporate seal and signature
missing;authority to signature
missing
23 Proposals Containing Minor Two (2) business days to correct and initial
Obvious Clerical Errors errors
24
ProposalsContainingMinor Two(2) business daysto correct and initial
Mathematical Errors errors. The Township of Oro-Medonte
reserves the right to waive initialing and
accept Proposal.
25 Un-initialed changes tothe request Two (2) business days to correct and initial
documents which areminor(i.e.; the errors. The Township of Oro-Medonte
Proponent's address is amended by reserves the right to waive initialing and
overwriting but not initialed) accept Proposal
26
Alternate items bid in whole or in Availablefor further consideration unless
partspecifiedotherwise in request
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12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co...
27
Unit prices in the schedule of prices Two (2) business days to correct initial
have been changed but not initialed errors. The Township of Oro-
Medonte reserves the right to waive
initialing and accept Proposal
28 Other mathematical errors which Two (2) business days to initial corrections.
are not consistent with the unit Unit prices will govern.
prices
29Automatic rejection
Pages requiring completion of
informationby vendor are missing
Note: The above list of irregularities should not be considered all-inclusive. The
requisitioning department will review minor irregularities not listed and shall have
authority to waive other irregularities or grant two (2) business days to initial such
irregularities, which they jointly consider to be minor.
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12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co...
Schedule A
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12.c) ES2019-6, Michelle Jakobi, Manager, Environmental Services, Compli...
Page 239 of 294
12.c) ES2019-6, Michelle Jakobi, Manager, Environmental Services, Compli...
Page 240 of 294
12.c) ES2019-6, Michelle Jakobi, Manager, Environmental Services, Compli...
Page 241 of 294
12.c) ES2019-6, Michelle Jakobi, Manager, Environmental Services, Compli...
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12.d) DS2019-120, Curtis Shelswell, Chief Municipal Law Enforcement Offi...
Page 243 of 294
12.d) DS2019-120, Curtis Shelswell, Chief Municipal Law Enforcement Offi...
Page 244 of 294
12.d) DS2019-120, Curtis Shelswell, Chief Municipal Law Enforcement Offi...
Page 245 of 294
12.e) OCS2019-26, Karla Musso-Garcia, Manager, Operations re: Award of T...
Page 246 of 294
12.e) OCS2019-26, Karla Musso-Garcia, Manager, Operations re: Award of T...
Page 247 of 294
12.e) OCS2019-26, Karla Musso-Garcia, Manager, Operations re: Award of T...
Page 248 of 294
12.e) OCS2019-26, Karla Musso-Garcia, Manager, Operations re: Award of T...
Page 249 of 294
12.e) OCS2019-26, Karla Musso-Garcia, Manager, Operations re: Award of T...
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12.f) OCS2019-27, Shawn Binns, Director, Operations and Community Servic...
Page 251 of 294
12.f) OCS2019-27, Shawn Binns, Director, Operations and Community Servic...
Page 252 of 294
12.f) OCS2019-27, Shawn Binns, Director, Operations and Community Servic...
Page 253 of 294
12.f) OCS2019-27, Shawn Binns, Director, Operations and Community Servic...
Page 254 of 294
12.f) OCS2019-27, Shawn Binns, Director, Operations and Community Servic...
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13.b) Deputy Mayor Jermey, correspondence dated September 17, 2019 from ...
-------- Original message --------
From: Greenbelt Foundation <news@greenbelt.ca>
Date: 2019-09-17 2:20 PM (GMT-05:00)
To: "Jermey, Scott" <scott.jermey@oro-medonte.ca>
Subject: FUNDING OPPORTUNITY: Call for Letters of Intent Now Open
Prosperous Greenbelt
Resilient Greenbelt
This email was sent to scott.jermey@oro-medonte.ca. To stop receiving emails, click here.
Created by cStreet Campaigns & Friends of the Greenbelt Foundation
withNationBuilder.
Page 256 of 294
14.a) Announcements of Interest to the Public: Township of Oro-Medonte, ...
Page 257 of 294
14.b) Correspondence dated September 16, 2019 from Doug Luker, Chair, Su...
September 16, 2019
Mayor Hughes and Council
Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON L0L 2E0
Dear Mayor Hughes and Council,
At the request of some municipal partners, and after several years of operating as two
organizations, Severn Sound Environmental Association’s (SSEA) Board of Directors and
Sustainable Severn Sound’s (SSS) Sustainability Committee have collectively agreed to integrate
programs.
The first step toward the integration of programs will begin immediately with the 2020 municipal
budget process. Please be advised that Severn Sound Environmental Association’s 2020 budget
request will include a funding ask for Sustainable Severn Sound as a special project, in addition to
its core funding. With your continued financial contribution, both organizations will continue
business as usual, while strengthening programs and enhancing service-levels.
Notwithstanding limited resources, Sustainable Severn Sound has emerged as the center for
collaborative climate change planning amongst our municipal partners. In 2018, Sustainable
Severn Sound released the area’s first Local Climate Change Action Plan and continues to plan for
long-term climate action by developing and implementing corporate-level action plans for its
partners. As part of this, Sustainable Severn Sound is recognized as the Township of Oro-Medonte
Associate Member to the Partners for Climate Protection (PCP) program and will continue to
support Milestone achievements on behalf of your municipality.
We believe the integration of Sustainable Severn Sound as a special project of Severn Sound
Environmental Association will enhance the value to the members and partners of both
organizations. On behalf of Severn Sound Environmental Association and Sustainable Severn
Sound, we would like to thank you for your continued support and participation.
Sincerely,
________________________________________ ______________________________
Doug Luker, Chair, Sustainability Committee, SSS Steffen Walma, Chair SSEA
CAO, Township of Tiny Deputy Mayor, Township of Tiny
CC. Robin Dunn, CAO
Mark DesLauriers CFO/Treasurer
Janette Teeter, Clerk
Ian Veitch, SSEA Board Member & SSS Committee Member
SevernSoundEnvironmentalAssociation|489FinlaysonSt.POBOX460,PortMcNicollONL0K1R0|7055347283
SustainableSevernSound|105FourthStreet,P.O.Box8,Midland,ONL4R4K6|705.526.1371x.111
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14.c) Correspondence received September 6, 2019 from Steve Clark, Minist...
Ministry of Ministère des
Municipal Affairs Affaires municipales
and Housing et du Logement
Office of the Minister Bureau du ministre
!!
the
777 Bay Street, 17 Floor !777, rue Bay, 17 étage!
Toronto ON M5G 2E5 !Toronto ON M5G 2E5!
Tel.: 416 585-7000 !Tél. : 416 585-7000!
19-4093
Dear Head of Council:
Our government believes everyone deserves a place to call home. Inadequate supply
and high housing costs have made housing unattainable for too many people in Ontario.
We want to put affordable home ownership in reach of more Ontario families, and
provide more people with the opportunity to live closer to where they work.
That is why I am pleased to provide you with an update on the More Homes, More
Choice Act, 2019, which was passed by the Legislature on June 6, 2019.
In Effect Date
Schedule 12 of the More Homes, More Choice Act, 2019 makes changes to the
Planning Act. All changes, except for those related to community benefits charges,
came into force on September 3, 2019, as specified by proclamation. This includes
changes to:
B
planning matters (i.e., official plans and zoning by-laws) and give the Tribunal the
authority to make a final decision on appeals of these matters based on the best
planning outcome;
Reduce timelines for municipalities to make planning decisions;
Rpeals;
Authorize the Minister of Municipal Affairs and Housing to mandate the use of a
community planning permit system in or around specific locations to promote
intensification around transit;
Require municipalities to authorize in their official plans and zoning by-laws
additional residential units in both a primary dwelling and ancillary building or
structure; and
Promote the development of affordable housing near transit by focusing the use
of inclusionary zoning.
Regulations
To help implement the Planning Act changes, amendments to existing regulations under
the Act also came into force at the same time as the related legislative provisions.
These regulations were filed on August 29, 2019 and include changes to:
Set out transition rules for planning matters that are in process;
Remove or update certain redundant or out-dated provisions and references;
Remove the ability to appeal (except by the province) the implementing by-law
when a municipality is required to establish a community planning permit system
; and
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Clarify that the new community benefits charge by-law will not apply in areas
within a municipality where a community planning permit system is in effect.
A new regulation for additional residential units (ARUs) was also filed on August 29,
2019 and helps remove certain zoning barriers to the creation of additional residential
units by establishing the following requirements and standards:
One parking space for each ARU, which may be provided through tandem
parking as defined;
Where a municipal zoning by-law requires no parking spaces for the primary
residential unit, no parking space would be required for the ARUs;
Where a municipal zoning by-law is passed that sets a parking standard lower
than a standard of one parking space for each ARU, the municipal zoning by-law
parking standard would prevail;
An ARU, where permitted in a zoning by-law, may be occupied by any person
regardless of whether the primary residential unit is occupied by the owner of the
property; and
An ARU, where permitted in a zoning by-law, would be permitted without regard
to the date of construction of the primary or ancillary building.
Our proposal for the new and amended regulations was posted on the Environmental
Registry of Ontario. All comments received were carefully considered.
You can view copies of the new and amending Planning Act -
Laws:
New Ontario Regulation 299/19
Ontario Regulation 296/19
Matters -
Ontario Regulation 297/19
Ontario Regulation 298/19 Plans of
Ontario Regulation 301/19
Ontario Regulation 300/19
If you have any questions about the changes to the Planning Act and related
regulations, please email PlanningConsultation@ontario.ca.
Sincerely,
Steve Clark
Minister
c: Chief Administrative Officer!
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14.d) Correspondence dated September, 2019 from Karla Musso-Garcia, Dire...
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14.d) Correspondence dated September, 2019 from Karla Musso-Garcia, Dire...
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14.e) Correspondence from City of Orillia; and Simcoe Muskoka Opioid Str...
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17.a) 2019-085: A By-law to remove the Holding symbol on lands described...
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17.a) 2019-085: A By-law to remove the Holding symbol on lands described...
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17.b) 2019-091: A By-law to remove the Holding symbol on lands described...
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17.b) 2019-091: A By-law to remove the Holding symbol on lands described...
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17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr...
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17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr...
Municipal Act,
2001, S.O. 2001, c. 25, as amended.
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Municipal Act
Municipal Act, 2001, S.O. 2001, c. 25,
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Two Dollars ($2.00)
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19.a) 2019-093: Being a by-law to confirm the proceedings of the Council...
Municipal Act, 2001, S.O. 2001, C. 25, as amended
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