~~ Proud Heritage, Exciting F11fHre

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1 ~ ~~ Proud Heritage, Exciting F11fHre Corporation of the Township of Oro-Medonte Tender# OCS Turf Maintenance-VARIOUS LOCATIONS (3 Years If a Bidder has obtained this Bid Document from a third party, the onus is on the Bidder to create an account and register for the bid opportunity as plan taker at the Biddingo.com website or at the Township of Oro-Medonte (the Owner which will allow the bidder to download the Bid Documents and/or Addenda. SEALED BIDS, with the submission label provided by the Owner affixed to your envelope, shall be stamped and received by the Operations and Community Services Department, 148 Line 7 South, Oro-Medonte, ON LOL 2EO, no later than 14:00:00 hours (2:00 p.m. local time, on Late Bids shall not be accepted. Thursday October 25, 2018 If further information is required, contact the following in writing - up to and no later than 15:00:00 hours (3:00 p.m. local time on October 22, 2018 Karla Musso-Garcia Manager, Operations and Community Services Operations and Community Services Department Tel: ( ext 2124 Fax: ( kmussogarcia@oro-medonte.ca The Owner reserves the right to accept or reject all or part of any Bid and also reserves the right to accept other than the lowest Bid and to cancel this Call for Bids at any time.

2 Instructions to Bidders 1.0 Tenders Sealed Tenders marked Tender OCS Addressed to Karla Musso-Garcia, Manager, Operations & Community Services at 148 Line 7 South, Oro-Medonte, Ontario, LOL 2EO will be received until 14:00 Local Time on Thursday October 25th, Form of Tender Each tender shall contain the full name of the contractor or contractors submitting the tender and the signatures of the persons authorized to bind the corporation(s. Bids must be submitted on the tender forms provided. All items on the tender form must be completed. List of Forms: Schedule A - Parks & Facilities Grass Cutting and Trimming Schedule B - Fertilization and Aeration Schedule C - Water and Waste Water Facilitates Schedule D - Roadside Cutting Schedule E - Slice Aeration and Over Seeding - "Provisional" Schedule F - List of Equipment * Bidders may bid on works identified in Schedule "A", or Schedule "B", or Schedule "C", or Schedule "D" or Schedule E, or all 3.0 Scope The scope of the work involves the supply of the necessary labour, equipment and services to complete the Turf Maintenance Contract(s OCS for the 2019, 2020, 2021 seasons as per the attached Instructions to Bidders, General Conditions, and Specifications as directed by the Director, Operations and Community Services, or his designate. The tender covers requirements for a three (3 year period effective May 2019 to October 2021 with the Township of Oro-Medonte reserving the option to extend the contract for two (2 additional one(1 year terms provided the Contractor's performance is satisfactory and proposed pricing for the subsequent years is acceptable. 4.0 Severability The Township may elect to undertake the work in a different way for the following Schedule(s : Schedule "A" Schedule "B" Schedule "C" Schedule "D" Schedule "E" (PROVISIONAL

3 In doing so, the Township may sever a schedule or schedules and the balance of the contract including conditions and specifications shall remain intact. As such, it must be clearly understood, that for any or all of the work outlined in the schedules, it may not be awarded to the successful bidder and there will be no further compensation made to the contractor. 5.0 Examination of Site Each Contractor must visit the sites of the proposed work before submitting the tender and must be satisfied by personal examination as to the location conditions to be met, while completing the specified work. The Contractor shall determine the difficulty of the areas to be encountered. The Contractor shall not claim at any time after submission of the tender that there was any misunderstanding of the terms and conditions of the contract relating to the Site Conditions. The schedules provide a brief general description of the areas and the Contractor shall be responsible for validating all information contained with the schedule. 6.0 Acceptances or Rejections The Township reserves the right to reject any, or all bids, or to award the contract to other than the Contractor submitting the lowest tender, as in its opinion may be for the best interest of the Township. General Conditions 1.0 Extent The Contractor shall be liable for all costs of doing the work outlined including labour, equipment and materials. 2.0 Indemnification The Contractor shall indemnify and save harmless the Corporations, their agents, directors, and employees from all actions, suits, claims, and demands whatsoever which may arise directly or indirectly by reason of a requirement of this Agreement, save and except for damage caused by the negligence of the Corporation or their Employees. 3.0 Insurance 3.1 The Contractor shall at his expense obtain and keep in force, during the term of this Agreement, Comprehensive General Liability Insurance satisfactory to the Corporation, and including the following: a A limit of liability of not less than $5,000,000; b The Corporation of the Township of Oro-Medonte be named as additional insured; c The policy shall contain a provision for cross liability in respect of the name insured;

4 d Non-owned automobile insurance coverage with a limit of at least $5,000,000 including contractual non-owned coverage e Completed operations coverage; f That 60 days prior notice of any alteration, cancellation or lapse in policy shall be given in writing to the Corporation; g Owner's protective coverage 3.2 Automobile Insurance The Contractor shall obtain and keep in force for the duration of this contract; automobile insurance under a standard Automobile Policy with limits of not less than $2,000,000 in respect to each licensed vehicle. 3.3 Proof of Insurance The Contractor shall provide, together with its executed agreement, a certificate(s of insurance or certified copy(ies of the above referred to policies, satisfactory to the Corporation, together with proof of renew at least (30 days prior to expiry. Provided that if a certificate is provided, all requirements as above set forth must be shown on the said certificate and notwithstanding the provision of any certificate, the Corporation may require the Contractor to provide a certified copy of the policy. 4.0 Workplace Safety and Insurance Board The Contractor shall provide a Clearance Certificate from the Workplace Safety and Insurance Board. The Contractor shall ensure the certificate is valid for the duration of this contract and provide the corporation with proof of renewed certificate prior at least (30 days prior to expiry. 5.0 Legislation Applicable The Contractor shall comply with all applicable Federal and Provincial legislation and regulations, including pertinent Township by-laws. 6.0 Health and Safety a The Contractor shall agree to fulfill all of its obligations in compliance with the Occupational Health and Safety Act, and further agrees to take responsibility for any health and safety violation that may occur. Furthermore, if the Corporation (or any of its agents, officers, directors, or employees shall be made a party to any charge under the Occupational Health ad Safety Act in relation to any violation of the said Act arising out of this agreement, the Contractor shall indemnify and save harmless the Corporation from any and all charges, fines, penalties, and costs that may be incurred or paid by the Corporation. b The operators must be fully trained, qualified and experienced. Regulations of the Ministry of the Environment and the Ministries of Health and Labour must be complied with. If any operator is not performing satisfactorily or operating the equipment safely, to the satisfaction of the Township of Oro-Medonte, The

5 Township of Oro-Medonte shall have the right to have the equipment and the operator removed form the job site. 7.0 Fire Protection a The Contractor shall maintain adequate fire suppression on site, portable fire extinguishers etc, to the satisfaction of the Corporation. b All flammable materials are to be handled, stored, and disposed of according to relevant OHSA and WHMIS regulations and in a manner that which does not create a fire hazard. 8.0 Traffic Protection The Contractor will supply adequate and competent persons to control traffic, as required, by regulations set by provincial legislation. For on roadway works, the Contractor must meet the Ontario Traffic Manual Book 7 Temporary Conditions requirements for each operation. 9.0 Protection a The Contractor shall be responsible for any damage that may occur relative to the execution of all operations arising from this contract. Any damages done to the Township or surrounding property must be made good to the satisfaction of the Township. If applicable, any trees, shrubs, flowerbeds, walks, drives, etc. shall be properly protected. b Temporary safeguards and protection shall be provided to adequately guard against injuries to the public and property around and adjacent to the areas. c The Contractor shall assume responsibility for all liability and costs associated to repair damages to public or private property arising from the works identified in Tender OCS d The Contractor shall not leave any equipment on Township or Public property unattended at any time, unless such equipment is properly protected to the satisfaction of the Township Code of Conduct At all times, the employees of the Contractor shall act in a civil, responsible, courteous and generally productive manner. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Township staff or outside groups while they are being employed by the Contractor, and such complaints, if received, will be referred to the Contractor. The Township reserves the right to request that said employee be taken off the works by the contractor, and not so re-employed until satisfactory arrangements have been made to ensure that there is no repetition of the offending behaviour.

6 11.0 Accessibility Regulations for Contracted Services Contracted Employees, third party employees, agents and others what provide customer service on behalf of the Township of Oro-Medonte are legally responsible with the provisions outline in Ontario Regulation 429/07 with respect to training. The Contractor shall ensure that such training includes, without limitation, a review of the purposes of the Act and requirements of the regulation, as well as instruction regarding all matters west out in the regulation. By signing the Form of Tender, the Contractor has agreed to be in full compliance with this regulation. Additionally, the Contractor will review and acknowledge the Township of Oro-Medonte policy for Accessible Customer Service Tender Deposit A certified cheque made payable to the Township of Oro-Medonte for 10% of the total annual tender price or optional to the tender deposit, a bidder may provide an irrevocable certified Letter of Credit/Performance Bond for 10% of the annual tender price. The Cheque or Letter of Credit/Performance Bond of unsuccessful bidders will be returned within fourteen (14 days of Tender opening. The Cheque or Letter of Credit/Performance Bond of the successful bidder will be retained until the Municipality's acceptance of the work Add/Delete Area The Township reserves the right to add or delete area or adjust frequency of cutting from time to time as it deems necessary Bid Disqualification Tenders may be rejected for any of the following reasons: a Bids received after the closing date/time; b Bids received on other than the tender form supplied; c Bids not completed in ink or by typewriter; d Incomplete bids (all items not bid ; e Qualified or conditional bids; f Bids not properly signed and sealed. * Each Bidder MUST complete the "Agreement" portion of the Tender as part of the submission 15.0 Termination If, at the sole discretion of the Township there is a breach by the Contractor of any of the terms contained herein, The Township shall have the right to terminate the contract upon fifteen (15 days notice to the Contractor. Upon termination of the contract as aforesaid, the balance of the contract shall be forfeited. Where the Agreement is terminated in accordance with the foregoing, the Township shall be deemed free to enter into an Agreement with any other firms for the requirements called for in this Proposal.

7 16.0 Payment The successful Contractor shall submit monthly invoices, outlining the parks cut, referencing accounting codes provided by the Township. Payment shall be made within 30 days from the time of the receipt of the invoice. Specifications for Contract OCS Schedule "A" - Parks & Facilities, Pumphouses & Tilebeds 1. Unit prices are on a per cut basis excluding applicable taxes, estimates have been provided. The Township reserves the right to adjust the frequency of cutting as required. 2. Turf areas to be maintained will include all areas outlined on Schedule "A" 3. The successful Contractor shall commence turf maintenance within 24 hours upon the request of the Township of Oro-Medonte. All areas as designated are to be maintained in a tidy state, on a regular basis by mowing and trimming around fixed obstacles. Cutting shall commence the second week of May and will be completed by the end of October, or as directed by the Operations Coordinator, Parks & Facilities 4. Class "A" Parks shall be cut approximately 16 times over the season and kept at a grass length of 2.5" - 3.5" 5. Class "B" Parks shall be cut approximately 12 times over the season and kept at a length of 2.5" - 4" 6. Class "C" Parks will be cut as per Schedule "A" 7. Trimming shall be completed every other cut 8. Cutting frequency will be determined by the Operations Coordinator, Parks and Facilities 9. The Contractor shall be responsible for moving objects to accumulate. Accumulation shall be removed immediately and disposed of in an acceptable manner. 10. Grass and/or weed clippings shall not be permitted to accumulate. Accumulation shall removed immediately and disposed of in an acceptable manner. 11.The work to be performed by the Contractor may be scheduled between the hours of 7:00 am and 5:00 pm, Monday to Friday, except where such work day falls on a Statutory Holiday. The sports fields that are occupied by rental users may not be cut during this period. Schedules for Sports Fields will be pre-arranged with the Operations and Community Services office. Turf Maintenance must be complete 1-2 days prior to the weekends at Bayview Memorial Park. 12. The Contractor shall remove all litter from grass cutting areas before actual cutting is to be done. Litter and excess of grass clippings cut up by the contractor's machinery shall be the responsibility of the contractor to pick up and remove from site. 13. Trimming around trees and shrubs shall not harm the plants by breaking or scoring the bark. 14. The Contractor will ensure that proper security is maintained at each location at all times. Many locations are fenced and unattended, so the contractor will have to unlock

8 and lock gates immediately after work is completed. Keys will be provided, which must be returned at the end of the season. 15. The Contractor shall attend meetings at the request of the Township Schedule "B" - Fertilization & Aeration 1. Works shall consist of the following for all areas identified in Schedule"B"; a Core Aeration ( mm ground driven of all turf areas by the end of May b Supply and Application of slow release fertilizer (65% Slow Release Nitrogen in Mid-May and Fall fertilization in Late October % Slow Release Nitrogen at a rate of 275 lbs per acre. c Fertilization rate shall provide adequate coverage of Turf Areas. 2. Tender price is to exclude applicable taxes and involves completing all work specified above for the 2019, 2020, 2021 Seasons. 3. The Contractor will ensure that proper security is maintained at each location at all times. Many locations are fenced and unattended, so the contractor will have to unlock and lock gates immediately after work is completed. Keys will be provided, which must be returned at the end of the season. Schedule "C" - Water and Waste Water Facilities Municipal Community Tile Beds 1. Cutting shall begin during the first (Pt week of June 2. The Municipal community tile beds are not manicured lawns and will be cut a minimum of Four (4 times per season to control weeds and brush, as requested by the Manager of Environmental Services or his representative. Water Pumphouse Facilities 1. Cutting shall begin during the second (2nd week in May 2. The Pumphouse facilties are not manicured lawns and will be cut a minimum of Four (4 times per season to control weeds and brush, as requested by the Manager of Environmental Services or his representative. Schedule "D" - Roadside Grass Cutting (Special Provisions Roadside Grass Cutting 1. First cut shall begin the 3rd week in June, or as requested by the Director of Operations and Community Services or his/her representative. 2. Cutting of existing roadside shall consist of a minimum of 1.8 metres (6 feet width, starting at the shoulder and following the front ditch slope to the ditch line. 3. Equipment supplies shall conform to all safety requirements for off-road vehicles under the Highway Traffic Act. 4. A second cut shall begin the first week of August, or as requested by the Director of Operations & Community Services or his/her representative. 5. The second cut shall consist of a minimum of 1.8 metres (6 feet width, starting at the shoulder and following the front ditch slope to the ditch line. Immediately following this

9 cut will be an offset flail type mower with a minimum cut of 1.8 metres (6 feet to follow the front slope of ditch to the ditch line. This flail type mower must be capable of cutting fine brush and coarse weeds. 6. The Township reserves the right to stop work at any time if the job is not progressing satisfactorily. 7. The Township of Oro-Medonte requires the Contractor to enclose with the tender, an "Operator's CVOR Abstract" containing the Operator's Performance Record for the current year of the tender 8. All work is to be performed under the supervision of the Director, Operations & Community Services or his/her representative. Schedule "E" - Slice Aeration, Overseeding and Fertilization "Provisional" 1. Schedule "E" - Slice Aeration, Overseeding, and Fertilization will only be awarded in place of Schedule "B" awarded 2. Works shall consist of the following for all areas identified in Schedule "E"; d Slice Aeration with over seeding (ground driven of all turf areas in the fall no earlier than September 15th and no later than October 15th. Grass seed is to be a sports field mix at Skg/1000 SqFt. e Supply and Application of slow release fertilizer (65% Slow Release Nitrogen in Mid-May and Fall fertilization in following slice aeration and overseeding seeding % Slow Release Nitrogen at a rate of 275 lbs per acre. f Fertilization rate shall provide adequate coverage of Turf Areas. 3. Tender price is to exclude applicable taxes and involves completing all work specified above for the 2019, 2020, 2021 Seasons. 4. The Contractor will ensure that proper security is maintained at each location at all times. Many locations are fenced and unattended, so the contractor will have to unlock and lock gates immediately after work is completed. Keys will be provided, which must be returned at the end of the season. Penalty Clause: If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director within the time limit specified, the Contractor shall pay to the Corporation, in addition to the full cost of inspection, the cost of other supervision and any other direct expenditures, $1, for each and every day that the work shall remain unfinished after the time limit specified. The reason for the delay in the performance of the said work is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Corporation will suffer by reason as said delay and default and not as a penalty; and the Corporation may deduct and retain the amount of such liquidated damages from any monies due or become due to the Contractor on any account.

10 CONTRACT NO. OCS TURF MAINTENANCE & ROADSIDE CUTTING H.S.T. NO I/We the undersigned, have carefully examined the locality of the site of the proposed works, hereby agree to furnish all labour, materials, equipment and services necessary to complete the work for the 2019, 2020, 2021 seasons, in accordance with the attached Instructions to Bidders, General Conditions and Specifications for the Prices outlined in the Form of Tender Schedule "A" and/or Schedule "B" and/or Schedule "C" and/or Schedule "D". Please ensure all tender documents are signed before submitting. Tenderers may choose to tender of Schedule "A" or Schedule "B" or Schedule "C" or Schedule "D", or Schedule "E" separately or together. Signed at the of in The County of this day of, Signature of Contractor or Witness and Position Held Signature of the Corporation Seal of Corporation Name and Telephone No. of Person To be Contacted

11 AGREEMENT THIS INDENTURE made in triplicate this day of 20 BETWEEN: The Corporation of the Township of Oro-Medonte hereinafter called the "Owner", the party of the FIRST PART -AND- Hereinafter called the "Contractor", The Party of the Second Part Whereas the Owner has awarded to the Contractor the Contract for: ocs Turf Maintenance - VARIOUS LOCATIONS (3 years According to plans, specifications and general requirements herein referred to, the Contractor having put in a Bid therefore, a copy of which is hereto annexed, which Bid was accepted by The Owner on the day of 20 at a Total Bid Price of$ Now Therefore These Present Witness that the Contractor does hereby covenant and agree with the Owner in the manner following namely: 1. TO execute and perform the whole of the Work herein mentioned with due expedition and in a thoroughly professional manner in strict accordance with the provisions of the Contract and the Contract Documents (which are identified by the signature of the Contractor, and are made part of this Contract as if embodied herein and thereafter to maintain the same as therein provided and that in the execution and performance of the Work, the Contractor will carry out, perform, observe, fulfill and abide by all the covenants, agreements, stipulations, provisions and conditions mentioned and contained in the Contract Documents to be carried out, performed, observed and fulfilled by the Contractor to the same extent and as fully as if each of them was set out and specifically repeated herein. 2. TO indemnify and keep indemnified and save harmless the Owner and each of its officers, employees, servants and agents from and against all actions, suits, claims, executions and demands which may be brought against or made upon the Owner, its officers, servants and agents and from all loss, costs. Charges, damages, liens and expenses which may be paid, sustained or incurred by the Owner, its officers, servants and agents by reason of or on account, or in consequence of the execution and performance of the Work or of the nonexecution or imperfect execution thereof or of the supply and non-supply of plant or material therefore.

12 3. TO pay to the Owner on demand, all loss and costs, damages or expenses which may be paid, sustained or incurred by the Owner or any of its officers, servants or agents in consequence of any such action, suit claim, lien, execution or demand and any monies paid or payable by the Owner or any of its officers, servants or agents in settlement or in discharge thereof or on account thereof and that in default of such payment all such loss, costs, damages and expenses and any monies so paid or payable by the Owner, its officers, servants or agents and also any monies payable by the Contractor under this or any other Contract or may be recovered from the Contractor or the surety named in the Contract Security hereto attached in any court of competent jurisdiction as monies paid at their request. 4. AND the Contractor hereby authorizes and empowers the Owner or its solicitor for the time being, to defend, settle or compromise any such actions, suits, claims, liens, execution or demands as the Owner or its solicitor may deem expedient, and also hereby agrees to ratify and confirm all the acts of the Owners or its solicitor and shall pay on demand the reasonable costs of defending, settling or compromising any such actions, suits, claims, liens, executions or demands as the Owner may deem it expedient to defend, settle or compromise and that in default of such payment the same may be deducted from any monies payable by the Owner to the Contractor on any account whatever. Provided, however, that the Contractor may, at the expense of the Contractor, subject to the consent of the Owner, take charge of and conduct in the name of the Owner, the defense to any such actions, claim or suit. 5. THE Owner covenants with the Contractor that if the Work, including all authorized extras in connection therewith, shall be duly and properly executed as aforesaid and if the Contractor shall carry out, perform, observe, fulfill, keep and abide by all the covenants, agreements, stipulations, provisions, terms and conditions of this Contract and the Contract Documents, and subject to the terms and conditions of this Contract and the Contract Documents the Owner will pay the Contractor therefore the sums calculated in accordance with the actual measured quantities and unit prices mentioned in Bid and for such extra Work at the rates or unit prices mentioned in the Bid (which are to apply to all extras of the character specified in the schedule of rates or unit prices forming part of the Bid, such payments to be made subject to deductions in relation to the holdbacks and liquidated damages referred to in the Contract Documents based upon estimates or certificates signed by the Owner issued in accordance with and made part of tie Contract, PROVIDED that no money shall become due or payable under this Contract unless and until an estimate or certificate therefore shall have been signed by the Owner as herein provided the possession of which is hereby made a condition precedent to the right of the Contractor to be paid or to maintain any action for such money or for any part thereof, PROVIDED that the Owner shall not be liable or compelled to pay for any extras or additional work not include in this Contract, and the Contract Documents except only in the manner and as provided for herein, PROVIDED ALSO that the Owner shall not be liable or compelled to grant or issue any estimate or certificate for Work rejected or condemned by the Owner or to pay any money therefore until he Work so rejected or condemned has been replaced by new material and workmanship to the written satisfaction of the Owner and it is hereby

13 expressly provided that the granting of any estimate or certificate, or the payment of any monies thereunder shall not be construed as an acceptance of any bad or defective work or material, to which the same relates or as an admission or liability to pay any money in respect thereof and shall not in any manner lessen the liability of the Contractor to replace such work or material, although the condition of the same may not have been known to or discovered by the Owner at the time such estimate or certificate was granted, or monies paid thereon. 6. AND it is understood and agreed between the parties hereto as follows: THAT this Agreement and covenants and conditions herein, and in the Contract and Contract Documents contained shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the Contractor and Owner respectively. 7. IN this Agreement and in the Contract, of which this Agreement forms a part, the words "Bid", "shall", "may", "herein", "Work", "Contract", "Contract Documents", "Contract Security". "Contractor'', "Owner'', and the words used in the singular number or the masculine gender shall have the meaning and effect given to them in the Contract Documents where indicates, or in the Interpretation Act as amended. IN WITNESS THEREOF, the Contractor and Owner have hereunto signed their name and set their seal on the day first above written. SIGNED, SEALED AND CONTRACTOR DELIVERED in the: presence of Position: (I have authority to bind the Corporation Witness: _ The Corporation of the Township of Oro-Medonte Per: Shawn Binns, Director of Operations