2002-025 To authorize the execution of a Letter of Agreement between the Township of Oro-Medonte and Duncor Enterprises Inc.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-025
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A LETTER OF AGREEMENT
BETWEEN THE TOWNSHIP OF ORO-MEDONTE
AND DUNCOR ENTERPRISES INC.
WHEREAS the Council of the Township of Oro-Medonte entered into Contract No. 12-95034-
23 (5/6 Sideroad Reconstruction) with Duncor Enterprises Inc. on October 10, 2000;
AND WHEREAS the Contractor (Duncor Enterprises Inc.) has made a Claim for Delay dated
September 4, 2001 in accordance with Section GC 3.14.01;
AND WHEREAS negotiations have resulted in an agreement between the Township of Ora-
Medonte and the Contractor to withdraw such claim;
e AND WHEREAS the Council of the Township of Oro-Medonte deems it expedient to execute a
letter of agreement with the Contractor (Duncor En~erprises Inc.) to negate such claim;
NOW THEREFORE the Council for The Corporation of the Township of Oro-Medonte hereby
enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute a letter of agreement with
Duncor Enterprises Inc., said agreement attached hereto as Schedule 'A' and forming
part of this by-law.
2. THAT this by-law come into full force and effect upon final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 20TH DAY OF MARCH, 2002.
BY-LAW READ A THIRD AND FINAL TIME THIS 20ttOAY OF March 2002.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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~or, J. Neil Cra
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CONSULTING
ENGINEERS
AND
PLANNERS
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SCHEDULE nAn TO BY-LAW NO. 2002-025
RG ROBINSON
AND ASSOCIATES (BARRIE) LTD
Mr. J. Ball
Township ofOro-Medonte
Public Works Superintendent
148 Line 7 South
Box 100
R.R.#1
Oro, Ontario LOL 2XO
February 6, 2002
Dear Sir:
RE: 5/6 Side Road Reconstruction
Township of Oro-Medonte
Contract No. 12-95034-23 (Duncor's Claim)
As a follow-up to our draft letter of December 20th, 2001; and our letter of October 30th, 200 I,
which outlined our opinion on the validity of the Claim in accordance with Section GC 3.14.0 I
(05); a meeting was held to attempt to resolve the matter in accordance with Section GC 3.14.02,
Negotiations.
Jerry Ball of the Township of Oro-Medonte, Bruce Duncon of Duncor Enterprises Inc., and Al
Lees of R.G. Robinson and Associates, Contract Administrator, met on December 6th, 2001, to
discuss the Claim as per Section GC 3.14.02. The pertinent dates of the Contract were reviewed
for inclusion in a future report by J. Ball to Council. After much deliberation and discussions it
was finally agreed to by all parties the following:
. That Duncor Enterprise Inc. ft2ree to:
. Withdraw their Claim for Delay of September 4th, 2001 and will make no future claims
for the work performed to date for this contract.
. That the Township of Oro-Medonte R2ree to:
. Not pursue any claim for Liquidated Damages or any other claim as per Section 4.5 of
the Special Provisions of the Contract;
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. Upon Approval by Council for the Budget of 2002, will award the surface treatment of
the roadway as per Item 1.7 to Duncor Enterprises Inc. at the unit price bid in the
Contract.
10 High Street, Suite 200, Barrie, Ontario L4N lWl (705) 721-9222 Fax (705) 734-0764 engplan@rgra.on.ca @)
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All three parties will be asked to sign a copy of this letter to serve as an Agreement under the
negotiation section of the Contract. If you require any further clarification, please contact our
office.
Yours truly,
1~~AND ASSOCIATES (BARRIE) LTD.
A. M. Lees, C.E.T.
AML:jd
Copy: J. Zieleniewski
M. Penny cook
B. Duncan, Duncor
AOl
File #12-95034-23
THE UNDERSIGNED ARE IN AGREEMENT WITH THE INTENT OF TmS
NEGOTIATION SETTLEMENT OF THE CLAIM.
Mr. Jerry B , ublic Works Superintendent
Township ofOro-Medonte
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Mr. Bruce Duncan, President
Duncor Enterprises Inc.
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Mra.. Neil c~
Acting Mayor
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