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2008-142 Agreement Between the Township of Oro-Medonte and Harnden & King Construction Inc., for hot mix paving to the South Yard (tender PW2008-01)THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2008-142 Being a By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and Hamden & King Construction Inc., For hot mix paving to the South Yard (Tender PW2008-01 ~. WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council far The Corporation of the Township of Qro-Medonte declared tl~e successful bidder of Tender PW2008-01 to be Hamden & King Construction Inc.; AND WHEREASE Council deems it expedient to enter into an agreement far Contract No. PW2008-01, far hat mix paving to the South Yard, with Hamden & King Construction Inc.; NOW THEREFORE the Council of the Township of ©ro-Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the Agreement far Contract No. PW2008-01 attached hereto as Schedule "A" and forming part of this By- ~aw. 2. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 22N° DAY OF OCTOBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 22"d DAY OF OCTOBER, 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ,.~--~; , - . ~ ~ _~ Y. ayor, H.S. Hugh s l _. -____ Ci1e^k, J. D~ougtas Irwin z } f T A ~ ~~ Schedule "A" to By-Law No. 2008-14~~ ~~~~ °~~ TENDER FOR THE ~j'~ ~ '~ ~~ L ~~~ TOWNSHIP OF ORO-MEDONTE CONTRACT NO. PW2008 - 01 TENDER FOR HOT MlX PAVING THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE TENDER CLOSING DATE IS 9:QO A.M. ON TUESDAY, MARCH 25, 2008 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Tuesday, March 25, 2008 at f 0'00 a.m. This tender is general in nature, except that separate Forms 7 and 2 will be used. The actual works to be done, or materials purchased, will be administered by the Public Works L?epartment as tendered. Please provide all the documentation required for each form. Tenders shall be enclosed in a sealed envelope marked `°Tender for Contract No. PW2008 - 01 and addressed to Doug Irwin, Clerk, Township of Oro-Medonte, Box 100, ORO, Ontario LOL 2X0. if tenders are delivered by hand, they shall be delivered to the Office of the Clerk, Township of Oro-Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. For further information, please contact: Jerry Ball, C.R.S.S. Public Works Superintendent Township of Ora-Medonte Telephone: (705) 487-2171 The Contractor may bid an the Tender for the North Yard or the South Yard, or bid on both locations. The Contractor must grade and compact prior to paving on each section. To supply and place hot mix asphalt at various locations throughout the municipality, The Contractor must supply and place shoulder gravel on each road section after paving. 2 CQNTRACT NO. PW2Q08 - D1 NOTICE TO BIDDERS: i. The Gantractor shall furnish the Township with evidence from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, 1998, with respect to his employees or operations, have been complied with. 2. The Contractor shall abide by the requirements of the Occupational Health and Safety Act and Regulations, and any other government regulations pertaining to the work carried out. The Contractor must also supply the Township of Ora-Medonfe with all W.H.M.I.S. regulations required, as well as a copy of a Traffic Protection Plan, in accordance with the Occupational Health and Safety Act. Should the Contractor be in contravention of the above, all the work on the project shall cease immediately and remain stopped until adequate corrective measures have been undertaken. The decision of the Public Works Superintendent ar his Representative shall be final in this regard, and the Contractor will immediafely fake action. The Contractor shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. PW2008 - 01. The Township of pro-Medonte requires the Contractar to enclose with the tender an "Operator's CVOR Abstract" containing the Operator's Performance Record far the current year of the tender. 3. Please note that this tender will be awarded on the tendered total amount. Payment will be made on the unit price tendered. tf the tendered amount is in excess of the budgeted amount and varies by more than 20%, the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. All work is to be performed under the supervision of the Public Works Superintendent or his Representative. PLEASE REVIEW THE ASPHALT CEMENT PRICE INDEX CLAUSE AT THE BACK OF THE TENDER. 3 i TENDER/NG REQU/REMENTS Tender Deposit: A certified cheque made payable to the Township of Oro-Medonte fort 0°fo of the tots! bid must accompany this tender. The certified cheque of the successful bidder will be retained until the Municipality's acceptance of the work. The certified cheques of unsuccessful bidders will be returned within fourteen (14) days of tender opening. Tenders not accompanied by a certified cheque will not be considered. Basis for Resection of Tender: Tenders maybe rejected for any of the following reasons; a) Bids received after closing date; 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 seated. *EACH BIDDER MUST COMPLETE THE TWO-PAGE "AGREEMENT" PORTION LOCATED AT THE END OF THIS TENDER*. Liability Insurance; The Contractor shall take out, and keep in force anti! the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality, providing insurance coverage in respect of any one accident to the limit of at least $2,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily injury to, or death of, one or more persons and toss of or damage to property and such policy shat/ name the Municipality as an additional insured thereunder, and shall protect the Municipality against all claims for all damage or injury, including death, to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the part of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. 4 TENDER FQR CQNTRACT NQ. PW2408 - Q1 The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery; tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender, Attached to Phis tender is a certified cheque in the amount specified in the "Tendering Requirements", made payable to the Township of Oro=Medante. The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor fails to fife with the Municipality, an executed form of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within: fourteen (14) days from the date of acceptance of the tender. It is agreed that the tender quantities are estimated only and maybe increased or decreased by the Municipality without alteration of the Contract price. l/We (the Gontractar) promise to commence work an: (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete 80% of the work by June 27~h, 2008 and the remaining 20% of the contract by September 26th, 2008. BY: __,__ _._ ~ Name of Firm or Individual (Hereinafter referred to as the "Contractor") Address Name of Person Signing for Firm ~Sigr~alure) Office of Person Signing for Firm Telephone No. GENERAL CQNQITIONS The general conditions of this Contract will be the general conditions as set out in OPS General Conditions and OPS Section 310, unless stated otherwise, and is pertinent to this Contract. Traffic control, as outlined in the Correct Methods fvr Traffic Control pamphlet issued by the Construction Safety Association of Ontario, shall be strictly adhered to by the Contractor at all times. Flagmen, who must be supplied by the Contractor, shat/ wear protective, fluorescent clothing. All conditions as outlined in the Ministry of Transportation Forms 100, 314 and 310, must also be adhered to by the Contractor. The Contractor shall have the current above-noted Ministry of Transportation specification numbers in his possession, or a thorough knowledge of what is contained within them. Regulations: The Contractor shall abide by all Acts, By-laws and Regulations relative to the performance of the work. Completion: Time shall be of the essence of this agreement. Payments: Monthly payments for work done may be paid up to 85% of the estimated value of the work performed. Within thirty-seven (37) days of the date of acceptance of the completed Contract, the remaining i5% will be released to the Contractor. Asphalt: Asphalt must be approved M.T.O. mix design having the approval of the Public Works Superintendent or his Representative. Aggregate must be from an approved commercial source. Equipment: The Contractor shall provide all equipment in excellent condition necessary to complete the required works. Bituminous pavers equipped with automatic screened controls of approved types must be supplied by the Contractor. Except where noted below, single pavers, or the lead paver when pavers are operated in echelon, shall be controlled by a 12 m ski or 12 m floating beam. Where such a ski is a flexible unit, it shah be equipped with a spring tensioned wire extending between brackets fitted on and slightly above each end of the ski. The sensing grid shall ride in the wire, not on the ski. 4 Equipment (cont'd.1: When two or more pavers are in echelon, pavers following the lead paver shat! use joint- matching shoes designed for the purpose, which shat/ ride on the previously placed uncompacted mat. The automatic transverse slope shall be set for the cross fall desired by the Public Works Superintendent and shall be capable of being operated from either side of the paver. A self-propel%d pneumatic tired roller with aself-contained fire inflation system may be used for intermediate and final rolling, However, should the finished rolled surface not prove satisfactory to the Public Works Superintendent or his Representative, then a steel wheel roller will be required by the Contractor. CONTRACT NO. PW2008 - 01 £-~ TENDER FOR HOT MIX PAVING Schedule of unit prices attached to and forming part of the tender for Contract No. PW2008 - 01 SOUTH YARD NO. LOCATION DESCRIPTION UNIT ESTIMATED QUANTITIES UNIT PRICE AMOUNT 310 South Yard Area Supply and Apply Hot Mix HL4 surface course Tonnes - l "7, ~~~ $ y~7. ?9 $ ~c~r~s4..O° Fine Grading and Com action m '-~ l' 3.s' rt ~l g $~• 3~ ~~~t.a~ Shou~der Gravel Tonnes .,~' +~-r~I $` s ~~ ~~ ~?oz~, q~C P.S.T. $ /to l~ ` ~ G.S.T. $µ6M• ~ TOTAL TENDER $q~~39°• ~ l/We hereby agree that the work specified and the material required in the contract will be performed in strict accordance with the specifications in this tender, Signed at the ~ '` ~ el of L~ '"~ r~'`- c E' in the County of .S` ~ Go e this 3 ~ day of f~~ ~ ~- , 2008. /m.•R ~/~/~tki4',fo+~+..- -- ~s ~...c~.. ~- Q ( !~„ .-41^•Q.~- - CT's', B-rs.-l ~~Q".`, gl' $-~ Signature of Contractor or S nature f the Corporation Witnesses and Position Held Seal of Corporation /' d .ter ~~c9 ~-c.~ 1'c~--•_._ Name and Telephone No. of Person To be Contacted for Ordering Supply 8 CONTRACT NO. PW2008 - 01 TENDER FOR HOT MlX PAVING Schedule of unit prices attached to and forming part of the tender for Contract No, PW2008 - 01 NORTH YARD NO. LOCATION DESCRIPTION UN/T ESTIMATED QUANTITIES UN/T PRICE AMOUNT 3i0 North Yard Area Supply and Apply Hot Mix HL4 surface course Tonnes j I ~ "72q $ ~ q. ~ ~ $ S'f ~o ~'-4~~ ~` Fine Grading and Com action m ~ ,~' ~ ~t ~ $d, ~ 6 ~~ so $, ~~~ Shoulder Gravel Tonnes P.S.T. $ N G.S.T. $ ~3oos ~ TOTAL TENDER $d9 3 t t ©. 1/We hereby agree that the work specified and the material required in the contract will be performed in strict accordance with the specifications in this tender. Signed at the ~ r ~a/ of County of S~ ~ ~ ~ ~ this 3 ~ ..~ /bvr ~~m sh. ~ss~.-.. - ~s t'~~.J....-~ c_-------1-~- Signature of Contractor or Witnesses and Position Held lJ ~r r .~^ ~ E-' in the V ~ az ~~L©kc ~ Sc•-~-~ Name and Telephone No, of Person To be Contacted for Ordering Supply 9 day of ~~-~`~ ~ , 2008, ~~~. ~i':sue.- - ~~~- 4./ ~-C~... f, ~,.,, Si ure o the Corporation Seal of Cor oration AGREEMENT - T4WNSHlP OF QRQ-MEDQNTE This Agreement made, in duplicate, this day of BETWEEN ... ~ ~ ~ ,. of the in the Districf or County of and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY QF THE FIRST PART -and - 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECQND FART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Public Works Superintendent or his Representative, to do all the work as described hereafter, furnish all the materials, except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as full and completely fo all intents and purposes as though all the stipulations hereof have been embodied herein. 10 "The Gontractor further agrees that he wi11 deliver the whale of the works, completed in accordance with this Agreement on or before the 26`h day of September, 20t?S. The Contractor agrees that such monies maybe deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Gontractor far alt work performed, the unit price on the tender. This Agreement shalt ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Gontractor and the Township of Oro-Medonte have hereunto signed their names and set their seals on the day first above written. .. Signature of Contractor, or Signature of Corporation Seal of Corporation /,-~ ... Si atur~ of the;Glerk '~~ ~~ - t -~- ~_ ~, _ '' Signature of the Ma}!or with Seal 12 PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION PERFORMANCE GRADED ASPHA<_T CEMENT PRICE INDEX The Township of Oro-Medonte wiN adjust the payment to the Tenderer based on changes to the Ministry of Transportation performance graded asphalt cement price index. The price index will be published monthly in the Contract Bulletin. The price index will be used to calculate the amount of the payment adjustment per tonne of new asphalt cement accepted in the Work. The price index will be based on the price, excluding taxes, FOB the depots in the Simcoe County area, of asphalt cement grade PG 58-28 or equivalent. One index will be used to establish and calculate the payment adjustment for all grades. A payment adjustment per tonne of new asphalt cement will be established for each month in which paving occurs, when the price index for the month differs by more than 5°l° from the price index for the month of April, 2008. When the price index differential is less than 5%, there will be na payment adjustment established for that month. Payment adjustments, due to changes in the price index, are independent of any other payment adjustments made to the hot mix tender items. The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix accepted in the Wark during the month for which it is established. However, a payment adjustment will not apply to paving work done after the approved time for completion of the Contract has expired, including the expiration of any extensions of time that has been granted. The payment adjustment for the month will be calculated from the following formulae: When Ip is greater than 1.05 ITO, the payment adjustment per tonne of asphalt cement is (Ip - 1.05 ITO) and the Contractor receives additional compensation af: PA = (Ip - 1.05 ITO) X quantity of new asphalt cement in tonnes. 2. When Ip is less than .95 ITO, the payment adjustment per tonne of asphalt cement is (.95 ITO - Ip} and the Owner receives a rebate of: PA = (.95 ITO - Ip) x quantity of new asphalt cement in tonnes. 1~. ~~ Council has struck the 2008 budget as a result we are expanding the scape of work far Contract PW 200-a~ to include and increase the following quantities. hTote: with the revision to the quantities the closing date will be extended until Monday March 31, 2008 @ 12 noon for a11200~ tenders. Tender opening will be at 1:00 pm at the administration office. S~7MI~IAI~Y Sonth Yard ~ 1-Iot mix ~-IL4 original quantity of 15,400 tonnes revised to ~ ~~~ ~ r ~~a=~ include 1700 tonnes. Fine Grading Compaction original quantity 121,548 m~ ~ ~~ ~~ , revised to include 13,900 m~ ~ • Shoulder Gravel original quantity 3,751 Tonnes revised to ~ include 430 tonnes 1eTorth Yard e Flot mix I~L4 original quantity of 10,079 tonnes revised to ~ ~ ~~~] include 1650 tonnes. _. R • Fine Grading Compaction original quantity 82,243 m~ ~~ ~ ... < ` ~ ~' revised to include 13,600 m~ ~ Shoulder Gravel original quantity 2,538 Tonnes revised to y~ ,' include 420 tonnes.