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2008-145 Agreement between the Township of Oro-Medonte and robert E. Young Construction, for crushing and stockpiling of gravel (Tender PW2008-04)THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2008-145 Being a By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and Robert E. Young Construction, For crushing and stockpiling of gravel (Tender PW2008-04}. WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states t±~at 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 for The Corporation of the Township of Oro-Medonte declared the successful bidder of Tender PW2048-04 to be Robert E. Young Construction; AND WHEREASE Council deems it expedient to enter into an agreement for Contract No. PW2008-03, for crushing and stockpiling of gravel, with Robert E. Young Construction; NOW THEREFORE the Council of the Tawnship of Oro-Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. PW2008-d4 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 22ND DAY OF OCTOBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 22ND DAY OF OCTOBER, 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE s'" i -~ ~._ Mayor, H.S. Hughes . ,. ~~ _.. _ __ - - -~ - - . ~-- Glerk, J. Douglas i~win ~_.~~ Schedule "A'' to By-Law No. 2008-145 ~~~~.. - ~ ° . ,' ~~ TENDER FOR THE : i ~~~ TOWNSHIP OF ORO-MEDONTE CONTRACT NO. PW2008 - 04 TENDER TO CRUSH AND STOCKPILE GRAVEL THE CORPORATION OF THE TOWNSHIP OF ORD-MEDONTE TENDER CLOSING DATE 1S 9:00 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 10:00 a.m. This tender is general in nature. The actual works to be done, or materials purchased, will be administered by the Public Works Department 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 - 04 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 Oro-Medonte Telephone: (705) 487-2171 2 i GONTFtACT NO. PW20Q8 - 04 NOTICE TO BIDDERS: t. This contract is to crush and stockpile 70,000 Tonnes of "A"gravel in the North pit and 70,000 Tonnes of "A"gravel in the South pit. 2. The Contractor 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. 3. 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 Oro-Medonte with 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 or his Representative shall be final in this regard, and the Contractor will immediately take action. The Contractor shat! indemnity and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. PW2008 - 04, The Township of Oro-Medonte requires the Contractor to enclose with the tender an "Operator's GVOR Abstract" containing the Operator's Performance Record far the current year of the tender. 4. The Gontractor shat! provide proof of "Surface Miner" training for all their employees who will perform work for this contract. 5. The Contractor will complete and forward a "Notice of Mining Activities" to the Ontario Ministry of Labour, in accordance with Section 5(3)(c) of Ontario Regulation #854. 6. Please note that this tender will be awarded on the tendered total amount. Payment will be made on the unit price tendered. if 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 amounf without notice or re-tender. All work is to be performed under the supervision of the Public Works Superintendent or his Representative. TENDERING REQUIREMENTS Tender Deposit: A certified cheque made payable to the Township of Oro-Medonte for i0% of the total bid or optional to the tender deposit, a bidder may provide an irrevocable certified "Letter of Credit" for 10 % of the tender amount issued from a chartered bank on a form acceptable to the Municipality, The cheque or Letter of Credit of unsuccessful bidders will be returned within fourteen (74) days of tender opening. The cheque or Letter of Credit of the successful bidder will be retained until the Municipality's acceptance of the work, Tenders not accompanied by a certified cheque or Letter of Credit 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 sealed. Liability Insurance: The Contractor shall take out, and keep in force until 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 loss of or damage to property and such policy shall 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 actor omission on the part of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shat! forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. 4 TENDER FOR CONTRACT NO. PW20Q8 - 04 The Contractor has carefully examined the provisions, plans, specifications and conditions attached to this 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 far 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 this tender is a certified cheque in the amount specified in the "Tendering Requirements'; made payable to the Township of Oro-Medonte. Optional to the tender deposit, a bidder may provide an irrevocable certified Letter of Credit for 70% of the tender amount issued from a chartered bank on a form acceptable to the Municipality. The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Gontractar faits to file with the Municipality, an executed form of agreement for the performance of work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (74) days from the date of acceptance of the tender. !t is agreed that the tender quantities are estimated only and maybe increased or decreased by the Municipality without alteration of the contract price. 1/We (the Contractor) promise to commence work on: within two weeks notification from township of Oro-Medonte (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by: August 1, 2008 (To be completed by Municipality) BY: Robert E. Young Constrru~t; ~„ T,td . Name of Firm or Individual (Hereinafter referred to as the "Contractor") 1488 Chemong Road PPtPrharr~~igh, ~~ Address ~. President Name of Person Signing for Firm (Signature) Office of Person Signing for Firm 1-705-745-1488 Telephone No. 5 i GENERAL CONQITIQNS The general conditions of this Contract will be fhe general conditions as set ouf in QPS General Conditions and QPS Section 100, unless stated otherwise and is pertinent to this Contract. Regulations: The Contractor shalt 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 far work done maybe 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 Gontract, the remaining i5% will be released to the Contractor. Engineer or Public Works Superintendent: Means the Council of the Municipality, or such other person, partnership or corporation as may be authorized by the Council to act on their behalf, in any particular capacity. Weighing: Weighing shat/ be carried out in accordance with OPSS Farm 102, current at the time of this Contract. Copies of 4PSS Form 102 are available on request from the MTO District Office. Damage by Vehicles and Qther Equipment: if at any time, in the opinion of the Public Works Superintendent, damage is being done, or is likely to be done, to any highway or any improvement thereon, other than such portions as are part of the work, by the Contractor's vehicles or other equipment, whether licensed or unlicensed, the Contractor shall, on the direction of the Public Works Superintendent and at the Contractor's own expense, make changes in or other equipment, or shall alter loading or shall in some other manner, remove the cause of such damage to the satisfaction of the Public Works Superintendent. Loading of Motor Vehicles: Where a vehicle is hauling material far use on the work under the Gontract, in whole or in part, upon a public highway and where motor vehicle registration is required far such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit, as specified in the Highway Traffic Act, whether such vehicle is registered in the name of the Contractor or otherwise. GENERAL CONQITIONS Materials: Aggregates shall consist of hard, uncoated cubical fragments produced from rock or boulders of uniform quality and shat/ be free from lumps of clay. Materials shall be subject to sampling and testing by the Engineer at alt times. Aggregates shall satisfy the requirements of OPSS 1010 and Table 2 - "Gradation Requirements ". CONSTRUCTION Calcium Chloride: Calcium Chloride shall be applied uniformly by means of a mechanical spreader, when and as directed by the Engineer. Water: The material shall be sprinkled with water, when and as directed by the Engineer. Where water is applied to aid compaction, it shall be applied immediately ahead of the compacting unit. Compaction: Compaction of granular materials is not required under this Contract, unless specified otherwise in the tender. When compaction is specified, the material shall be compacted to a minimum of 100 percent maximum dry density. Placing and Stockpiling: The granular material shalt be spread in a uniform layer over the road. Stockpiles shalt be built in layers not to exceed three feet in depth and each layer shall be completed over the entire area of the stockpile before beginning the next layer. Aggregates delivered In trucks to the stockpile shall be uniformly spot-dumped. Conning of the piles will be permitted, but must be levelled in layers with a loader or bulldozer. Shaping: Where the Contract calls for shaping by the Contractor, the #olerance in cross-section and longitudinal profile shall not be any mare than the following at any place on a ten (10) foot template: a) One-half (i/2) inch when the Contract requires gravel surface only. b) One-quarter (114) inch when the road is to be surfaced with a bituminous pavement. fi . MEASUREMENT FQR PAYMENT GENERAL COND/T/ONS Measurement for payment of granular materials wil! include only those materials incorporated into the work and accepted by the Engineer, (a) Tonnage Measurement: Should the Contract require payment by the tonne, the method of weighing materials for payment shalt conform to the requirements of OPSS Form 1 t12. (b) Cubic Measurement: Should the Contract require payment by the cubic metre, one of the two following methods wilt be employed, as specified in the Contract; (1) End Area Method; Volume of materials will be measured in their original position and computed in cubic yards by the method of average end area. (2) Truck Box Method; Materials will be measured in cubic metre (loose) by pre-determined truck capacities. The pre-determined capacity of each truck will be that computed from its box dimensions. Loading of each truck shall be kept to not less than the pre-determined capacity. Each truck shall bear an identification symbol, followed by the pre- determined capacity of the truck. Water for Compaction or Dust Control: Water will be measured in units of one thousand (1,044) gallons for that quantity used in the work by one of the following methods; (a) The water tank and carrying vehicle shall be weighed empty and with a full tank of water. The net weight of the water shall be converted to gallons using a factor of 10 pounds per gallon; or: (b) The water tank shall be measured and its volume computed in cubic feet. This volume shall be converted to gallons using a factor of 6.24 gallons per cubic foot; or; (c) A water meter of approved design. 8 GENERAL COND/TIONS (cont'd,~ Calcium Ch/aride: Calcium Chloride will be measured in tonnes for that quantity used in the work. BAS/S 4F PAYMENT Granular Materials: Payment at the Contract price shall be compensation, in full, for the supply of all labour, equipment and materials necessary to complete the work to the satisfaction of the Public Works Superintendent or his Representative. Conversion Factor: 1 cubic yard = 0.764 cubic metres 1 cubic metre = 1.3 cubic yards 1 cubic metre = 1.76 tonnes 1 mile = 1.6 kilometres 1 kilometre = 0.6 miles Payment will be made by metric tonne measurement. l/We (Contractor) have reviewed the above and understand the procedures implied. {~ Carl Young Name of Person Signing for Firm Signature 9 i • }~. CONTRACT NO. PW2008 - 04 TENDER TO CRUSH AND STOCKPILE GRAVEL TENDER FORM LOCAT/ON UNIT ESTIMATED QUANTITIES UNIT PRICE HAULAGE TOTAL 1. North Pit "A" Gravel Tonnes 10,000 1.85 $18,500.00 2. South Pit "A" Gravel Tonnes 10,000 1.85 $18 500.00 TOTAL 2~, 0~~ $37,000.00 ~l~o~r~ E: Yaut~~ Ge ~~~_r°it~tfs:;i~ Lt~f, G.S.T. No. ~C.S.T._,~ f~1t~~~i2~~0 P.S.T. $ 2 , 960.00 G.S, T. $ 1, 850.00 TOTAL $ 41,810.00 BIDDER'S SIGNATURE NOTE TO B/DDERS: All Contractors to be notified that when crushing operation reveals oversize stone, this oversize material shall be placed in a designated section of the pit, as directed by the Public Works Superintendent or his Representative. No extra payment shall be made. Under this Contract No. PW2008 - 04, OPSS 1010, Table No. 2, shall govern this Contract. 10 t @ x AGREEMENT -TOWNSHIP OF ORO-MEDONTT This Agreement made, in duplicate, this 18th day of March 2008. BETWEEN Robert Yo mid, on rn inn T t~ of the Township of ~oith, Enni.smore, Lakefield in the District or County of Peterborout~ and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART W/TNESSETH 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 al! 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 alt the work specified and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans and specifications and conditions attached to the tender and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though alI the stipulations hereof have been embodied herein. ©ESCRIPTION OF THE WORKS; Contract No. PW2008 - 04 is to crush and stockpile gravel, to the Township of Ora-Medonte, in quantities as per Tender Form PW2008 - 04. 11 The Contractor further agrees that he will deliver the who% of the works, completed in accordance with the Agreement on or before the ist day of August, 2008. The Contractor agrees that such monies maybe deducted from any monies due the Gontractor orgy any account whatsoever, 1N CONSIL~ERATtUN WHEREQF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shat/ ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WhIEREQF the Contractor and the Township of Qro-Medonte have hereunto signed their names and set their seals on the day first above written. Signature of Gontractor, or Sigq~at:.;:~~ of,tla~ Clerk j` r ,, Signature of the Mayor with Seal 12 Signature of Corpcratio~~r Sea! of Corporation