HomeMy WebLinkAboutBy-law No. 2019-073 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2019-073
BEING A BY-LAW TO AMEND BY-LAW NO. 2018-095 (AGREEMENT NO. 0677)A BY-LAW TO
AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF
BAYHAM AND UNDERHILL TRUCKING LTD. FOR VARIOUS WORKS ASSOCIATED WITH
CONSTRUCTION AND OPERATIONAL MAINTENANCE ACTIVITIES.
WHEREAS the Council of the Corporation of the Municipality of Bayham on the 15th day of November,
2018 enacted By-law No. 2018-095, being a by-law to authorize the execution of an Agreement
between the Municipality of Bayham and Underhill Trucking Ltd. for various works associated with
construction and operational maintenance activities.
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend By-law No. 2018-095 and Agreement No. 0667;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT Appendix 'A' of By-law No. 2018-095 be amended by inserting the following:
Item Fee
Roadside Grass Cutting $85/hour
2. AND THAT Schedule 'A' attached hereto be added to By-law No. 2018-095 as Appendix 'B'.
3. AND THAT in all other respects, By-law 2018-095 is hereby confirmed and remains
unchanged.
4. AND THAT this by-law shall come into force and take effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF
AUGUST 2019.
MAYOR
APPENDIX 'B'
Section 1 - General Provisions
1.1 The Contractor shall be solely responsible for the cutting of roadside grass within the
Municipality of Bayham in accordance with this Agreement and in accordance with the
reasonable directions given by the Manager of Public Works, or designate from time to
time.
1.2 The Contractor shall supply all labour and equipment required for the cutting of roadside
grass within the Municipality of Bayham. The roadside environment consists of both
urban and rural roadsides in both high volume and low volume roads.
1.3 The cutting of vegetation shall be completed 2 times annually, in the spring and in the
fall. The width of cutting shall be a minimum of 3.6m from the edge of shoulder where
feasible.
1.4 The grass shall be cut to a height of 4".
1.5 Vegetation shall be cut across all road property at intersections to achieve a clear sight
distance of at least 200m in all directions from intersections.
1.6 The Contractor shall be responsible for any damage made to Municipal or private
property including but not limited to parking curbs, sod repairs and bent signs. Any
damage will be repaired at the expense of the Contractor and approved by the
Municipality.
1.7 All Contractor equipment shall be inspected by the Manager of Public Works or
designate regarding the ability to work through the grass cutting season and the
decision of the Manager of Public Works or designate shall be final.
1.8 Operators shall have the appropriate license and class to operate the vehicle they are
operating and shall provide their license at any time to be inspected by the Manager of
Public Works or designate. Operators shall have met the requirements of time off and a
second or relief operator shall be ready to work in the event the initial operator has
worked the total hours allowed under the legislation.
1.9 The Contractor shall submit monthly invoices for services rendered throughout the term
of this Agreement.
1.10 The Contractor shall be responsible to maintain the standards as set in this agreement
as directed by the Manager of Public Works or designate.
Section 2—Schedule of Work& Payment for Work
2.1 The first cutting of each year shall begin by June 1, or as requested by the
Manager of Public Works or designate and be completed by July 1. The second
cut shall commence by September 1, or as requested by the Manager of Public
Works and be completed by October 1, in each year that the contract is in effect.
Inability of the Contractor to adhere to said timelines may result in request
for a second contractor to perform the duties at the cost of the Contractor.
ii. Equipment shall not be operating on the road allowance prior to sunrise and
must be off the road allowance before sunset
2.2 Payment shall be made in accordance to attached 'Appendix A "' subject to the
provision of monthly invoices submitted to the Municipality.