HomeMy WebLinkAboutBy-law No. 2024-017THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-017
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AND WILSON'S LAWN CARE FOR LAWN MAINTENANCE SERVICES
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS the Municipality issued RFT 03-24 for Lawn Maintenance Services on March
14, 2024;
AND WHEREAS the Council or the Corporation of the Municipality of Bayham awarded RFT
03-24 to Wilson's Lawn Care in the amount of $64,740 +HST on April 4, 2024,
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Wilson's Lawn Care for Lawn Maintenance Services;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule "A" and forming part of this by-law between The
Corporation of the Municipality of Bayham and Wilson's Lawn Care for Lawn
Maintenance Services;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF
APRIL, 2024.
MAYOR CLERK
2024-2026 LAWN MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT made in duplicate this Is_ day of i 2024
BETWEEN
WILSON'S LAWN CARE
(hereinafter referred to as the "Contractor")
of the First Part
and -
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereinafter referred to as the "Municipality")
of the Second Part
WHEREAS the Municipality is the registered owner and/or the lessee of the lands shown on
the various maps attached hereto, hereinafter referred to as the "lands",
AND WHEREAS the Contractor wishes to provide lawn maintenance services for the said
lands in accordance with RFT 03-243
AND WHEREAS in consideration of the payment of the sum of monies as described within
the context of this agreement by the Contractor to the Municipality and other good and
valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1 The Municipality grants permission to the Contractor to enter upon municipal lands
for the purpose of maintaining the lands.
2 The Contractor agrees to provide lawn maintenance services as outlined and
needed for the lands.
The Municipality shall pay to the Contractor on a monthly basis for what was cut
at a price outlined in Appendix "B".
The Contractor agrees to indemnify the Municipality and save it harmless from and
against any and all claims, demands, loss, actions, damages, liability, and
expenses, in connection with loss of life, personal injury, or damage to property
arising from any occurrence on said lands howsoever such claims may arise,
providing proof of liability insurance not less than $5,000,000 prior to May 1, 2024
and that the insurance shall name the Municipality of Bayham as an additional
insured.
5. The successful proponent shall comply with all Federal, Provincial, County and
Municipal Legislation including, but not limited to environmental, Labour,
Occupational Health and Safety, Unemployment Insurance, Workplace Safety &
Insurance Board, and Human Rights. The successful proponent shall be qualified
to test portable fire extinguishers and fire alarms. The successful proponent shall
provide the Municipality with a valid WSIB Certificate.
6. The Contractor will observe and adhere to the standards set out in Appendix "A"
attached hereto.
7. The Contractor shall not impede parking, pedestrian or vehicular traffic to the
subject lands.
8. The Municipality shall have access to the site and surrounding area at all times.
9. The Contractor shall not subcontract any or all of this agreement without the prior
and express approval of the Municipality.
10. This Agreement may be terminated at any time by either party giving the other
party 30 days written notice of termination.
IN WITNESS WHEREOF the parties have duly executed this Agreement this 18th day of
April, 2024.
Authorized by
Bayham By-law No. 2024-017
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal.
SIGNED, SEALED AND DELIVERED, this 18th day of April, 2024.
In the presence of }
� C
Witness: Wilson's Lawn Care
Appendix "A"
2024-2026 LAWN MAINTENANCE SERVICES
SCOPE OF WORK
1. GENERAL -LANDSCAPE SERVICE
1.1 Except as otherwise expressly provided the Contractor shall furnish all the necessary
labour, materials and equipment to perform the work specified in this contract.
1.2 The Contractor shall be solely responsible for loss or damage of his equipment and for
any material delivered to him from whatsoever source.
1.3 The Contractor shall be responsible for all damages caused during the execution of the
work and shall impose as little inconvenience as possible on the residents during the
performance of this contract.
1.4 All work performed by the Contractor shall be executed to the satisfaction of the
Municipality.
1.5 Failure to provide and maintain a standard of service and workmanship acceptable to the
Road Operations Supervisor, or designate, will, at his discretion, result in an alternate
Contractor being hired to do the work with the cost of the same deducted from payment
to the original contractor. Repeated failure to meet Municipal standards of service and
workmanship will result in termination of the contract.
2. TERMS OF CONTRACT
2.1 This contract shall be in force and effect from May 1, 2024 - December 31, 2026
2.2 This contract may be renewed for two (2) additional one (1) year terms upon the
agreement of both the Contractor and the Municipality.
3. PAYMENT
3.1 Invoices shall be submitted on a monthly basis starting one month from the
commencement of work.
4. DESCRIPTION OF WORK
4.1 Mowing of all turfed areas shall be performed on a regular basis to ensure grass does not
exceed 4" in height. The grass is not to be cut to a height of less than 2".
4.2 All debris and branches shall be picked up prior to lawn maintenance services each cut.
4_3 Municipal grassed area along public roadways abutting the projects are included in this
contract.
4.4 Trimming of grass adjacent to curbs, sidewalks, fences, trees, flower beds, benches,
buildings, light standards, hydrants, etc. shall be done immediately after each mowing
operation. At a minimum, one pass on both sides of all fences will be cut with a mower.
4,6 Edging of hedges and sidewalks shall be completed on a monthly basis so that these
areas have a neat and well maintained appearance.
4.6 All hard surfaces, which includes parking lots and sidewalks, must be swept clean each
time the contractor is performing work on site.
43 Pruning for trees up to 16 feet in height shall consist of the removal of excess sucker
growth, dead wood and interfering growth, the thinning of branches where necessary,
clearing growth from buildings and the shaping of trees. All pruned branches of a diameter
greater than 1 inch and all exposed wood or scars resulting from previous work damage
shall be painted with approved tree wound paint. Trees and branches which are weak
shall be cabled or braced in accordance with approved tree bracing methods. Timber,
brush and all other debris resulting from this work shall be entirely removed from the lands
and disposed of by the Contractor at his own expense on the same day trees are pruned.
4.8 Trimming, and removal of dead growth, of all hedges and shrubs shall be performed
during June (evergreens), in June, July and September (deciduous) and vines are to be
trimmed as required to present a neat appearance.
4.9 All fence lines and grassed areas, shall be cleared of weeds, debris and branches to each
cut.
4.10 The contractor shall first properly edge all flower beds and gardens at the beginning of
each year.
4.11 The Contractor shall weed and maintain all flower beds and gardens each cut.
4.12 The Municipality shall provide the Contractor with the required keys for the appropriate
properties. Keys to be picked up and signed out at the Municipal Office.
4.13 The Municipality shall not pay for travel time between locations.
4.14 Provisional By-law Works must be conducted within 48 hours of written correspondence
provided by the Manager of Public Works or the Municipal By -Law Officer to the
contractor.
4.15 Submission of the Provisional By-law Works invoice must be provided to the Municipality
following the completion of the corresponding maintenance works, not included within the
monthly invoicing.
5. SCHEDULE OF WORK
MUNICIPAL PARKS AND FACIL
5.1 Commencing May 1st to October 31", the contractor shall conduct Lawn Maintenance
Services. Equipment shall not be operated in the contracted areas prior to sunrise and
must be off the area before sunset, on weekends, and/or during events that are held in
the parks:
5.1.1 The Contractor shall generally conduct landscape services activities every ten
(10) days.
5.1.1.1 The Municipality may permit weekly cuts in the spring, reducing cuts in the
heat of the summer to a bi-weekly schedule arriving at a season average of
one (1) cut every ten (10) days, subject to the approval of the Manager of
Public Works.
5.1.1.2 The Municipality will not pay for more than 18 cuts on any map location in
any season May 1-October 31. Additional cuts beyond 18 cuts may be
approved in writing prior to the works occurring.
5.1.1.3 Should the Contractor perform more than 18 cuts on any map location
without prior written municipal approval it shall be at the sole cost of the
Contractor.
5.1.1.4 The Contractor must schedule with the Manager of Public works a set time
for the property at 8354 Plank Rd. due to staff scheduling regarding
vehicles.
5.1.2 The Manager of Public Works shall advise the Contractor of the date which
landscape services activities may commence for the first time each year.
51 RFT 03-24 — 2024-2026 Lawn Maintenance Services, as amended, shall form part of this
agreement, attached hereto as Schedule 'B'.
5.3 The Manager of Public Works shall have absolute, and unfettered, final discretion on
work.
MUNICIPAL CEMETERIES
5.4 Commencing May 1st to October 315t, the contractor shall conduct Lawn Maintenance
Services. Equipment shall not be operated in the contracted areas prior to sunrise and
must be off the area before sunset, on weekends, and/or during events that are held in
the parks:
5.4.1 The contractor shall generally conduct Cemetery landscaping services not
more than described in the Cemetery Location/Quantity Chart below.
Cemetery Location/Quantity Chart
Appendix B
Cemetery
Address
Number of
Cuts
ecoration
ay
Best
54536 Best line
14
th Sunday in
august
Firby
10968 Springerhill
Road
14
Old Richmond
54254 Heritage Line
14
Old Eden
11318 Ridge Line
14
Dobbie
56139 Green Line
14
Light
55236 Light Line
14
4 th Sunday in
rkugust
Claus
57084 Calton Line
14
Stanton
58180 Calton Line
14
Edison
31 King St. East
(Vienna)
14
Estherville
54880 Glen Erie Line
14
2 nd Sunday in
November
Otter Valley
56651 Tunnel Line
14
Bayham West
53688 Heritage Line
14
th Sunday in
ugust
Eden
56897 Eden Line
14
1st Sunday in
eptember
Smuck
55177 Jackson Line
14
1 Sunday in
August
Straffordville
55939 Heritage Line
14
31 Sunday in
August
Guysboro
57682 Heritage Line
14
4 th Sunday in
August
Calton
6964 Richmond
Road
12
31 Sunday in
August
5.4.2 The Municipality will not pay for more than the noted within Appendix 'B' at any
location throughout the season May 1-October 31. Additional cuts beyond the
above -noted Chart may be approved in writing prior to the work occurring.
5.4.3 Should the Contractor perform more than the noted cuts approved in the above -
noted Chart on any location without prior written municipal approval it shall be at
the sole cost of the Contractor.
5.4.4 All Cemeteries to be cut prior to Decoration Days. This should be part of the
Cemetery Location/Quantity Chart for the subject cemeteries.
5.4.5 The Contractor should contact the Manager of Public Works or the Municipal
office prior to May 1 each contract year to clarify the exact dates in which
decoration days are being conducted.
5.5 The Manager of Public Works shall have absolute, and unfettered, final discretion on work
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Municipality of
BAYHAM
Best (Corinth) Cemetery
54536 Best Line
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Old Richmond (Godwin) Cemetery
54254 Heritage Line
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Municipality of
BAYHAM
Bayharn West (Richmond) Cemetery
53688 Heritage Line
Municipality of
BAYHAM
Eden Cemetery
56897 Eden line N
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Straffordville Cemetery
55939 Heritage Line
Municipality of
BAYHAM
Guysboro Cemetery
57682 Heritage Line
Municipality of
BAYHAM
Municipality of
BAYHAM
Calton Cemetery
6964 Richmond Road
a 126 25 to-
Main
RFT 21-02 LAWN MAINTENANCE SERVICES - TENDER FORM
Description
Lump Sum —
Per Map — Per
Cut Unit Price
_
Port Burwell Map # 1
Area 'A' Open Space (Parcels between Hurley Lane, Chatham St,
Bridge St.)
Area 'B' Port Burwell Ball Diamond (55461 Nova Scotia Line)
Area 'C' (Robinson St @ Howard St — grass area- Submariners Way)
Area 'D' (Victoria St @ Plank Rd ((Robinson St)) — North and South
sides of road)
Area 'E' Port Burwell Library (21 Pitt St. & Gazebo)
Area 'F' Parkette & Cenotaph- Pitt St @ Erieus St)
Area 'G' Basketball Court (Pitt St @ Erieus St.)
Area 'H' Marine Museum (18 Pitt St) i
Area 'I' Lighthouse (17 Robinson St)
Area 'S Beach turnaround (South end of Robinson St - guard rail area to
bottom of slope on the west approximately 30 meters west from
guard rails going southerly to bottom of slope at turnaround most
southerly section of road) along with end of turnaround along
beach to accessible pad and around washroom and food booth.
Area 'K' Memorial Park (southwest corner of Brock and Strachan to
Waterfront of East Beach)
Area 'L' Wind Interpretive Centre (5361 Brown Rd)
Area 'M' Hurley Street (along guardrails to bridge both sides of road)
Area 'N' Wastewater Treatment Plant (1 Chatham St)
Area 'O' Port Burwell Fire Hall (55451 Nova Scotia Line) �._
I �
Vienna — Ma g2
Area 'A' Vienna Community Park (14 Ann St)
Area 'B' Vienna Memorial Park (6226 Plank Rd)
Area 'C' Pump Station (54 Front St)
Area 'D' Edison Historical Plaque Area (Corner of Water St & Plank Rd)
Area 'A' Straffordville Fire Hall (55764 Third St)
Area 'B' Straffordville Community Centre & Park (56169 Heritage Line)
Area 'C' Parkette (56301 Heritage Line @ Plank Rd)
Z��� lam."
Area 'D'
Pump Station (8934 Plank Rd)
Area 'E'
Pump Station (9352 Garner Rd)
Area 'F'
Pump Station (56826 Heritage Line)
Area 'G'
Public Works Yard (8354 Plank Rd)
Area 'H'
Straffordville Library (9366 Plank Rd)
-
Eden -- Man #4
Area 'A' Pump Station (11403 Plank Rd)
Area 'B' Eden Park (56967 Eden Line)
Corinth — Mao #5
area 'A' Corinth Park (54286 Best Line)
krea 'B' Open Space (S/E Corner Culloden Rd/Best Line)
Richmond - Map #6
krea 'A' Richmond Park (53906 Church St)
krea 'B' Richmond Water (Well & Water Plant 9190 Richmond Rd)
Cemeteries - Map #7
Area 'A'
Best - 54536 Best Line
Area 'B'
Firby — 10968 Springerhill Road
Area 'C'
Old Richmond — 54254 Heritage Line
Area 'D'
Old Eden — 11318 Ridge Line
Area 'E'
Dobbie — 56139 Green Line
Cemeteries - Map #8
Area 'A'
Light - 55236 Light Line
Area 'B'
Claus - 57084 Calton Line
Area 'C'
Stanton - 58180 Calton Line
Area 'D'
Edison - 31 King St East (Vienna)
Area 'E'
Estherville - 54880 Glen Erie Line
Area 'F'
Otter Valley - 56651 Tunnel Line
A1#ap.#9 Bayham West- 53688 Heritage Line
�5 0
Map 914 Eden - 56897 Eden Line
Map #11 Smuck - 55177 Jackson Line `
Map #12 Straffordville - 55939 Heritage Line
Map #1 Guysboro - 57682 Heritage Line
Map #14 Calton - 6964 Richmond Road
Unit Price shall be the per cut cost exclusive of HS
Provisional By -Law Works Cut Unit Price/Hour
$
Unit Price shall be the per cut cost exclusive of HST
A111'
I/We the undersigned agree to perform 2024-2026 Lawn Maintenance Services in the Municipality
of Bayham as required by the Manager of Public Works in compliance with the terms, conditions and
specifications noted in this tender and agreement.
Company game
Home Number
O Ci %-7y 11150
tg 'ature Fax Number
Printed Name
After Hours Number (Cell Phone)
LGu,r', (z-W 11�"o>r• 51 C� - '�Sq — < 150 —"-)dmM
S 1 �A-`Z:5Gi -Oad*2� LXAUY��
Date HST Registration #
1` '�r-A, 'a-1 13_q 9S 1 �3i sw
CONFIRMATION OF FAVOURABLE HEALTH AND SAFETY PRACTICE FORM
The Contractor(s): via XJ'V\' . L.C...."A (� ,
The Municipality of Bayham is committed to:
i The prevention of workplace injury and illness to all workers at Municipal locations.
ii. The belief that contractor safety is compatible with the safety policy of the Municipality
and is good business.
H: Assuming a leadership role by citing contractors for any violations of the contract.
K To ensure the Municipal workplace is a healthy and safe working environment, contractors,
constructors and subcontractors must have knowledge of and operate in compliance with
Contractor's Experience in Similar Work
Year Description of Work
Completed
Cur
,go Ici --"
r I `
a�s-
to
G'f C1`SS C.u�l
�,01
ib I ---I -
J
rver,+
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To be completed and returned with tender.
For Whom Work I Value
Performed f
CO
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—1
Contractor's Equipment List
Make and Model Year Hrs Type of mower attachment.
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X'Iq� 5LI'' w�
VA -WI NV
Sfi V� �, s x
To be completed and returned with tender.