3812 Attachment 1 - D & D Commercial Property Maintenance LtdM i%gonbur
aP ace to6c l te
FORM OF AGREEMENT
MUNICIPAL GRASS CUTTING
2014-2018
D & D COMMERCIAL
PROPERTY MAINTENANCE LTD.
W14 ID1t FORM Of RGREEMEM D.ndD.d 1/13 4p -N14
MUNICIPAL GRASSCUTTING
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT made in TRIPLICATE ON the _ day of in the year Two
Thousand and Fourteen by and between:
THE CORPORATION OF THE TOWN OF TILLSONBURG, herein
the "OWNER")
and-
D & D COMMERCIAL PROPERTY MAINTENANCE LTD.
the "Contractor")
WHEREAS the Owner owns certain properties described on Schedule "A" to this Agreement
collectively the "Properties").
AND WHEREAS contained on the Properties are green areas that require grass cutting (the
Services").
AND WHEREAS the Owner solicited bids for performance of the Services (the "render").
AND WHEREAS the Contractor bid to perform the Services pursuant to the Tender (the "Bid").
AND WHEREAS the Owner selected the Contractor to perform the Services on the Properties
pursuant to the Tender and Bid (collectively the'Tender/Bid Documents and attached as
Schedule "B") and pursuant to this contract (the "Agreement").
IN CONSIDERATION FOR the payments for the Services and for performance of the Services, the
mutual covenants contained herein and for such further and other valuable consideration the,
the receipt and sufficiency of such is hereby acknowledged, the Parties agree as follows:
ARTICLE A: COVENANTS OF THE CONTRACTOR
1. The Contractor covenants, warrants and represents that:
a) It shall supply all materials, equipment, labour and consumables to perform the
Services as described in this Agreement and the Tender/Bid Documents;
b) All of its employees are sufficiently trained and aware of their duties, obligations and
responsibilities in performing the Services pursuant to the Tender/Bid Documents,
this Agreement, and all applicable health and safety laws, regulations and rules;
X114 -X118 FORM OF REEMEMTNa O 2/13 Jp-X114
c) It will maintain a weekly log that the Services were performed to each of the
Properties pursuant to the in the specifications and timing as specified in this
Agreement and the Tender/Bid Documents (the "Log"). The Log shall be signed by
the employee of the Contractor performing the work. The Contractor agrees to
produce the log to the Owner upon demand at any time and the Owner shall have
the right to copy the Log;
d) All equipment used to perform the Services and all vehicles transporting the
equipment to the Properties must be in good mechanical and operating condition,
duly licensed and insured (collectively the "Equipment'). The Equipment shall be
made available for inspection(s) by the Owner upon demand either before the
commencement of the Term or at any time during the Term. The Parties agree that
any inspection by the Owner shall not be construed as an endorsement or approval
of the mechanical or operating condition of the Equipment, does not constitute an
inspection for purposes of any safety under any statute or regulation and does not
relieve the Owner and/or operator from liability for such Equipment;
e) All operators of the Equipment must be fully trained, qualified and experienced in
the operation of any Equipment which they operate. The Owner shall comply with
all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the
Environment, Ministry of Health, Ministry of Labour and Ministry of Transportation
along with any other applicable departments, ministries and/or crown corporations.
f) At all times its employee(s) shall act in a civil, responsible, courteous and
conscientious manner. The Contractor acknowledges and agrees, and will inform its
employees of such, that there is no right for it or its employees to join any activities,
sessions or meetings of the Owner's employees or outside groups. There will be no
allowances made for employees to offend or interfere or join in activities being
carried on by Town staff or outside groups while the employees of the Contractor
are being employed by the Contractor. If there is a complaint about an employee
then such complaint(s), if received by the Owner, will be referred to the Contractor.
The Contractor further acknowledges and agrees that the Owner reserves the right
to request that an employee of the Contractor be removed from performing the
Services if the employee violates the terms of Articles A(1)(e), A(1)(f) or they offend
or interfere with the activities of any employee(s) of the Owner and the Contractor
shall not permit the employee to re-attend at any of the Properties until satisfactory
arrangements have been made to ensure that there is not repetition of the
offending behavior;
g) It shall not leave any Equipment unattended on the Properties, private property or
any other property owned or possessed by the Owner at any time unless the
Equipment is properly protected to the satisfaction of the Parks and Facilities
Manager of his/her designate;
MIR WIRFORMOfA REEMEMNMDd 3/13 dpr101
h) All the Services and work performed pursuant to this Agreement and the Tender/Bid
Documents shall be carried out in accordance with Occupational Health and Safety
Act, including, but not limited to, all amendments, regulations, guidelines, Ministry
or Labour directions and orders -in -counsel. The Contractor agrees that its
employees must at all times on the Properties must be issued and wearing hard
hats, safety footwear, appropriate clothing (no bare tops will be allowed), and ear
and eye protection;
I) Shall pickup and remove all litter and refuse from the Properties in the area that
they are cutting grass before the cutting of the grass. Litter cut, shredded and/or
spread by the Equipment shall be the responsibility of the Contractor to pick up and
remove from the Properties prior to leaving the Properties;
j) It will inform its employees when performing the Services to take care when
trimming around trees and shrubs to ensure the plants are not harmed by breaking
or scoring the bark. The Contractor acknowledges and agrees that it shall be solely
responsible and repair, replace or compensate the Owner for any and all damage
caused to buildings, vehicles, equipment, trees, landscaping or any other assets
owned, possessed and/or operated by the Owner;
k) It shall and without delay report any and all damage to person and/or property
whether the Owner or public or privately owned), accidents or incidents to the
Parks and Facilities Manager or his/her designate; and,
1) It is familiar with the location of the Properties and the areas of green space that
require the Services on the Properties.
ARTICLE B: REQUIREMENTS OF THE SERVICES
2. The Parties agree, warrant and covenant that:
a) The Services shall include, but not limited to, the cutting of the grass and weeds,
removal of refuse, litter and garbage from the areas to be cut and the trimming and
cutting of grass and weeds around trees, bushed, buildings, waterways, ditches,
fences, flowerbeds, parking curbs, under benches, under receptacles and any other
objects necessary for good maintenance and appearance of the facility(s) on or near
the Properties;
b) The Services shall be performed on the all of the Properties listed on Schedule "A"
for the remuneration specified in Article D;
c) The Services shall be provided once per calendar week on all of the Properties
except when drought conditions exist. The Contractor shall perform the Services, at
M14 -I 19 FORM OF AGREEMENT DanED. Eon 4/13 -A,-X14
the Contractor's sole discretion, between the hours of 7:00am and 5:00pm, Monday
to Friday, excepting Statutory Holidays. Written approval from the Parks & Facilities
Manager is required to perform the Services at any other time in the week. The
Contractor shall record in the Log the date, time and who performed the Services;
d) The Contractor will provide the Owner with the schedule of providing the Services
for all the Properties as listed in Schedule "A". If in the case of inclement weather
the Contractor shall communicate alternate plans for delivering the Services to the
Parks & Facilities Manager or his/her designate;
e) The term of this Agreement shall be for four and half years (the "Term"). The Term
shall commence on or about May 5, 2014 and end when the Services are no longer
required in the fall of 2018. The Parties acknowledge that the Term shall not
commence if this Agreement has not been executed and/or the documentation as
required by this Agreement, the Tender/Bid Documents, proof of insurances
pursuant to Article E of this Agreement and/or such other documentation
reasonably requested by the Owner have been supplied to the Owner by the
Contractor;
f) The Owner shall be the sole decision maker whether drought conditions exist. If the
Owner determines that drought conditions exist then the weekly performance of the
Services may be modified by the Parks and Facilities Manager or his/her designate.
If the weekly performance of the Services is modified then the Contractor agrees
that notwithstanding any other term or condition of this Agreement or the
Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks
that it did not perform the Services;
g) The Contractor recognizes that the Services are seasonal in nature and upon notice
by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying
the Services in the fall of every year of the Term and resume supplying the Services
in the spring of the following year of the Term upon notice by the Owner, at the
Owner's sole and absolute discretion;
h) The Contractor acknowledges that if it provides Services when it was informed by
the Owner not to do so for any reason as set out in this Agreement then it shall not
be paid, compensated or remunerated for such Services;
i) The Contractor may not perform any extra work that are not part of the Services
except in accordance with this Article B(2)(i). The Owner shall in writing ask for the
extra work and then the Contractor must provide a written quote of the extra work
to meet the specifications of the Parks and Facilities Manager or his/her designate.
The Contractor agrees that any extra work not approved pursuant to this Article
B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated
or compensated in any fashion, manner or method;
W14 NIR FORM OF AiGREEMEM NmIO A v 5/13 -br N14
j) In performance of the Services the Contractor shall:
I) use a rotary turf type mower;
ii) cut and trim the grass on the Properties to a height of 2"
or as agreed between the Parties;
iii) be observant while performing the Services near or
around people or animals to ensure the public and their
animals' safety; and,
iv) aim its discharge to ensure the discharge is aimed away
from any area where projectiles could cause damage to
property, animals or persons;
ARTICLE C: TERMINATION
3. The Parties agree that the Owner has the right to terminate this Agreement upon the
following:
a) any material misrepresentation contained in the Bid by the Contractor;
b) any violation, breach or non-performance of any term, condition,
warranty, covenant or representation of this Agreement and/or the
Tender/Bid Documents and such violation, breach or non-performance
has not been remedied by the Contractor upon 15 days' notice by the
Owner (the "Notice"); or,
C) the workmanship of the Contractor is deemed to be unsatisfactory in the
sole and absolute discretion of the Owner.
If the Agreement is terminated then the Parties agree that each shall be relieved
of any further obligations pursuant to this Agreement and the Tender/Bid
Documents excepting the obligation of the Owner to pay for any Services
provided by the Contractor that were performed prior to the Notice and the
obligations of the Contractor pursuant to Article E.
4. If the operator of the Equipment is not performing the Services pursuant to this
Agreement or operating the Equipment in an unsafe manner in the sole opinion of the
Owner then the Owner shall have the right to have the Equipment and the operator
removed from the job site.
5. If the Equipment is deemed by the Owner, at the Owner's sole discretion, not be safe or
the Equipment is not licensed (as applicable), does not pass safety (as applicable) or not
insured then the Owner may demand the Contractor to remove the Equipment from the
Property without notice.
M14 -XIS FORM OF REEMEW D,MD.d 6/13 pnM14
ARTICLE D: PAYMENT
6. The Parties agree that:
a. The Contractor shall be paid for the Services performed per week (except as
specified in this Agreement) for each year of the Term shall be as follows:
2014 $585.00
2015 $585.00
2016 $585.00
2017 $585.00
2018 $585.00
b. To obtain payment the Contractor shall submit an invoice for the Services on a
monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the
amounts as specified in Article 1)(6)(a). The Invoice shall show the amount of the
weeks that the Services were provided, the rate per week and H.S.T.;
c. Invoices will be accepted for payment only upon substantiation by the Owner
being satisfied that the Services were provided pursuant to this Agreement
and/or the Tender/Bid Documents. The Parties agree that the Owner has the
right to hold back and/or reduce the payment of some or all of the Invoice where
the Services are not completed to the satisfaction of the Owner, not completed
pursuant to this Agreement or as compensation for damage caused by the
Contractor and not remedied by the Contractor pursuant to Article B(1)0);
d. Notwithstanding the provisions contained in Article 1)(6)(c) if on account of
climatic or other conditions reasonably beyond the Contractor's control there
are portions of the Services that cannot be completed, the Contractor shall
receive payment in full for that part of the Services which were completed but
the Owner may withhold a sufficient and reasonable sum for the completion of
such unfinished work and adequately protect the Owner against construction
liens.
ARTICLE E: INSURANCE AND INDEMNITY
7. The Contractor covenants and agrees that it will carry public liability insurance for the
transportation, operation and use of the Equipment and performing the Services with
limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the
Owner as co-insured throughout the Term. The Contractor shall provide the Owner
proof of insurance within seven days of executing this Agreement and every year of the
Term prior to providing the Services in each year.
8. The Contractor covenants that it is registered pursuant to the Workplace Safety and
Insurance Board Act and possesses all required coverages as required by the Act and by
W14 -]016 FORM OF AGREEMENT DanEO.tl 7/13 -A ,M14
the Workplace Safety and Insurance Board. The Contractor shall provide the Owner the
proof of insurance with the Owner and a clearance certificate within seven days of
executing this Agreement and every year of the Term prior to providing the Services in
each year.
9. The Contractor acknowledges and agrees that it is performing the Services entirely at its
own risk and the Contractor assumes all responsibility for the condition of its
Equipment, the skill of its employees and condition of the Properties. The Contractor
acknowledges and agrees:
a. that it must perform its own inspection of the Properties to ensure the
Properties are free of hazards, material and debris of any kind that may cause
damage to the property of the Contractor or injury to the employees of the
Contractor;
b. that the Owner provides no warranty, covenant or representation as to the
condition of the Properties;
c. that the Owner is not responsible to remove any debris, material or hazards
from the Properties prior to the Contractor performing the Services;
d. the Properties, grass, weeds, gardens, trees and buildings are all in an "as is"
condition for the Contractor to perform the Services; and,
e. to indemnify the Owner (and their officers, directors, counselors, managers,
employees, volunteers) for any and all liability, costs (including but not limited to
legal costs), out of pocket expenses, losses of any kind whatsoever and
howsoever arising and damage to property of the Owner arising in any way
whether in tort, by statute, equity, law, negligence, contract, breach of warranty,
intentional actions of the Contractor (or its employees, contractors, agents
shareholders, officers and directors) due to or in performance of the Services or
in any manner connected to this Agreement or connected to the Services in any
way whatsoever and howsoever arising.
10. Throughout the Term the Contractor shall hold the Owner (including but not limited to
its managers, officers, directors, counselors, employees and volunteers) harmless,
indemnify the Owner and defend the Owner (with legal counsel reasonably acceptable
to the Owner) against any and all demands, proceedings, claims, liabilities, obligations,
damages, awards, judgments, administrative fines, or other losses or expenses of any
kind any of them may receive or incur as a result of the activities, actions, products,
breach of any warranty or omissions of the Contractor (including, but not limited to its
shareholders, officers, directors, employees, agents or subcontractors) including, but
not limited to, negligence, breach of contract, tort, equity, law, intentional actions or
breach of any statute or by-law except what is caused by the Owner.
1014 -MIR FORM OFF REEMEW DaMD.A 8/13 # W14
11. The Contractor represents, covenants and warrants that at all times it:
a. Shall be responsible for the actions and negligence of its employees,
subcontractors, shareholders, officers and agents;
b. Shall ensure that its actions shall behave in an appropriate manner in keeping
with the terms of this Agreement and the Tender/Bid Documents;
c. Shall ensure that its actions conform and adhere to all laws, statutes and
regulations as applicable; and,
d. It and its employees, officers, directors, subcontractors and agents have the skill
and expertise to provide the Services and operate the Equipment in a safe and
prudent manner.
12. The Contractor releases the Owner (including but not limited all of the Owner's
managers, officers, directors, counselors, employees and volunteers) from any and all
claims, actions, proceedings and demands of any kind whatsoever and howsoever
arising whether in tort, contract, equity, law or by statue for any losses or damages of
any kind whatsoever and howsoever arising including, but not limited to, damage to
property or person caused or contributed by any third party, condition of the Property,
any injury suffered in performance of the Services and/or caused by any other
contractor or any person on or near the Properties for any reason. The Contractor
acknowledges that the Owner has no responsibility for any actions of the users of the
Properties and that the Contractor has accepted the risk that a user of the Property or
third party may intentionally or negligently commit an act which directly or indirectly
causes damage, harm or loss to the Contractor, Equipment or employee of the
Contractor and the Contractor irrevocably and without reservation releases the Owner
including but not limited to its managers, officers, directors, counselors, employees and
volunteers) from any liability and all liability.
13. Nothing contained herein shall create or be construed as creating any partnership,
agency, joint venture, master/servant or employment between the Owner, its officers,
servants or agents and the Contractor or any servant, agent or contractor of the
Contractor. The Parties agree that at all times the Contractor is an independent
contractor.
14. The Owner shall not be responsible for any infraction of, or non-compliance with any
Federal, Provincial, Municipal or other laws relating to the Services and the Contractor
shall and does hereby agree to indemnify and save harmless the owner in respect
thereto with regard to the Services. The Contractor acknowledges that at all times it will
comply with all By-laws of the Corporation of the Town of Tillsonburg and that there is
W14 8018 FORM OF AGREEMENT D"D.d 9/13 M80P
no express or implied exemption(s) of any by-law(s) of the Corporation of the Town of
Tillsonburg.
ARTICLE F: MISCELLANEOUS
15. Time shall be deemed to be the essence of this Agreement.
16. The general conditions, special conditions, specifications, the RFC, any Addenda and
information contained in the Tender/Bid Documents are all to be read and form part of
this Agreement along with all Schedules attached and constitute the entire contract
between the Parties.
17. In case of any inconsistency or conflict between the provisions of this Agreement and
the Tender/Bid Documents then the order of which document is paramount shall be as
follows:
a. this Agreement
b. all documents that form the Tender
c. the Bid;
18. All communications in writing between the Parties shall be deemed to have been
received by the addressee if delivered to the individual or to a member of the firm or to
an officer of the Corporation for whom they are intended or if sent by post or by
telegram addressed as follows:
The Owner at:
The Town of Tillsonburg
Parks and Recreation Services
45 Hardy Avenue
Tillsonburg, ON, N4G 3W9
The Contractor at:
D&D Commercial Property Maintenance Ltd.
375 Thomas St, PO Box 133
Ingersoll, ON NSC 3K1
19. This Agreement, Tender/Bid Documents and schedules attached hereto constitute the
complete and final Agreement between the Parties regarding the subject matter hereof
and supersedes all previous discussions, representations or undertakings, whether oral
or written. The Parties agree that there are no terms, express or implied,
representations, verbal, understandings or commitments unless contained in this
Agreement. No amendment or waiver of this Agreement shall be binding unless
executed in writing by the party to be bound thereby. No waiver of any provision of this
M11 -X118 FORM OF, RFFMFFR Da D 10/13 -1p-3011
Agreement shall be deemed or shall constitute a waiver of any other provision nor shall
any such waiver constitute a continuing waiver unless otherwise expressly provided.
20. Any terms in this Agreement which are masculine shall be interpreted as either
masculine or feminine and vice versa and words importing persons shall include firms
and corporations and vice versa. For convenience, headings have been inserted into
this agreement and shall not be used in any manner to interpret this agreement. For
the purposes of interpretation, any words in this agreement that are singular shall be
interpreted as if they include the plural and any words in this agreement that are plural
shall be interpreted as if they include the singular. The Parties agree that the recitals
form a part of the agreement. All schedules to this agreement shall form part of the
agreement. The words "Party" and "Parties" shall mean the Owner and/or the
Contractor as the context permits.
21. Should any provision of this agreement require judicial interpretation or arbitration, it is
agreed that the court or arbitrator interpreting or construing the same shall not apply a
presumption that the terms thereof shall be more strictly construed against one party
by reason of the rule of construction that a document is to be construed more strictly
against the party who itself or through its agent prepared the same, it be agreed that
both parties have participated in the preparation hereof.
22. In the event that any provisions contained in this Agreement shall be declared invalid,
illegal or unenforceable by a court or other lawful authority of competent jurisdiction,
this Agreement shall continue in force with respect to the enforceable provisions and all
rights and remedies accrued under the enforceable provisions shall survive any such
declaration, and any non -enforceable provision shall to the extent permitted by law be
replaced by a provision which, being valid, comes closest to the intention underlying the
invalid, illegal and unenforceable provision.
23. Neither this Agreement nor any rights or obligations under this Agreement shall be
assignable by any Party without the prior written consent of the other Parties. Subject
to that condition, this Agreement shall enure to the benefit of and be binding upon the
Parties and their respective heirs, executors, administrators, successors (including any
successor by reason of amalgamation of any Party) and permitted assigns.
IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first
above written, signing officers in that behalf.
W14 -MIS FORM OFA REWEM DFMDA 11/13 .Apr -X14
CONTRACTOR
Per:
arQDecloet C
I have authority to bind the Corporation.
The Corporation of the Town of Tillsonburg
Per:
and
Donna Wilson, Clerk
We have authority to bind the Corporation.
2014 4018 FORM OF AGREEMEM DandD.&m 12/13 r4vo-M14
Zone 1:
Southridge Park
Glendale Park
Trottier Park
Memorial Park
SCHEDULE"A"
LIST OF PROPERTIES
SCHEDULE"B"
T 02-13 Municipal Grass Cutting Tender
W14X18FORM DFS REFMEW D, O.a 13/13
0770,A
Section Two
Form of Tender
Request for Tender * T-02-13
Municipal Grass Cutting Services
Tender Closing: Wednesday January 22, 2014- 12:OOp.m. LOCAL TIME
Please submit one (1) completed original and two copies of the Form of Tender
in a sealed envelope to the Town of Tillsonburg at the following address:
Tillsonburg Community Centre
45 Hardy Avenue
Tillsonburg Ontario
N4G 3W9
Delivered to the reception desk
1. Please ensure that the outside of the envelope includes the bidder's name, its return
address and a label clearly identifying the Project and Project number for which the
bid is submitted.
2. Questions of a technical nature and all purchasing -related enquiries in relation to this
Request for Tender (RFT) shall be directed to Kelly Batt, at FAX - (519) 842-4120 or
e mail kbatt(c tillsonburo.ca no later than Tuesday January 21, 2014 at 11:00 AM
local time.
4. By submitting a bid, you have accepted an offer by the Town to enter into a "bid
contract" for the evaluation of bids and the award of the Contract, if an award is
made. You acknowledge that the terms of the "bid contract" are represented by the
Bid Documents (hereinafter defined).
5. Failure to submit a bid which complies with the requirements of the
Instructions to Bidders shall cause a bid to be declared non-compliant.
6. Bid results will be posted, where and when applicable, on the website after the
closing date: Wednesday January 22, 2014.
7. The lowest or any bid will not necessarily be accepted.
Yours truly,
Kelly Batt
Page 1
FORM OF TENDER
FOR: RFT# - T-02-13
SUBMITTED BY: ",V" Cc rn&r60\ %2 r(Company Name)
TO: tilz.r iZr ll Ci i•..ti I
I, the undersigned, having carefully examined the Bid Documents, having received, carefully
examined and incorporated Addenda No. Ni` to No. vii ; inclusive, and having examined
all conditions, circumstances and limitations affecting the work, offer to enter into a contract with
the Town to perform the work required by the Bid Documents for the prices as listed on the attached
Bid form ,
DECLARATIONS
I/We the undersigned, declare that:
1. I/We agree to perform the work, inclusive to mobilization time, in compliance with the contract and to
complete the work by the specified completion date In the contract.
2. No person, firm or corporation other than the undersigned has any interest in his bid or in the proposed
contract for which this bid is made.
3. This bid is irrevocable and is open for acceptance by the Town of Tillsonburg for a period of one
hundred and twenty (120) days from the date of submission.
4. Individuals who submit letters and other information to Council and its Committees should be aware
that any personal information contained within their communications may become part of the publicrecordandmaybemadeavailablethroughtheagendaprocesswhichincludespublicationontheTown's
website.
gym v' -j- 6 C, V U l atv4^iriC atJ
COMPANY NAME AND TITLE
NAME (PRINT OR TYPE)
ADDRESS
TOWN XND POSTAL CODE
Sic") LO-) 9f -c' i
TELEPHONE NUMBER
51al 4 ----As ItZ0a-
FAX NUMBER
OGr s.mm t c;ta--c<- r• c c 1 nk. corms
EMEjIL-AbD RESS
Ihave the authority to bind the Corporation.
C' Y- do 1
AUTHORIZEI,Y SIGNATURE DATE
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