2009-086 Agreement between the Township of Oro-Medonte and Duncor Enterprises Inc., for Slurry SealTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
By-Law No. 2009-086
Being a By-Law to Authorize the Execution of an Agreement Between
The Township of Oro-Medonte and Duncor Enterprises Inc.,
for Slurry Seal (Tender PW2009-02)
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 for The Corporation of the Township of Oro-Medonte
declared, by Motion No. C090422-5, the successful bidder of Tender PW2009-02 to be
Duncor Enterprises Inc.;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. PW2009-02, for slurry seal, with Duncor Enterprises Inc.;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
THAT the Mayor and Clerk be authorized to execute the Agreement for Contract
No. PW2009-02 attached hereto as Schedule "A" and forming part of this By-
Law.
2. THAT this by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 29TH DAY OF JUNE, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 29TH DAY OF JUNE,
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
H.S. Igghes
rk, J. D,oi4las Irwin
Schedule "A" to By-law No. 2009-086 /
TENDER FOR THE
TOWNSHIP OF ORO-MEDONTE
-
Ile)
R oud Hei-if.:-,-a~ E,~,-ci t'L g Fulti c
CONTRACT NO. PW2009 - 02
TENDER FOR SLURRY SEAL
t ~
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
TENDER CLOSING DATE IS 9:00 A.M. ON FRIDAY, MARCH 20, 2009
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Friday, March 20, 2009 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 Transportation Services 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. PW2009 - 02"
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.
Director of Transportation and Environmental Services
Township of Oro-Medonte
Telephone; (705) 487-2171
2
CONTRACT NO. PW2009 - 02
NOTICE TO BIDDERS:
1. 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.
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 Oro-Medonte with a copy of a
Traffic Protection Plan, in accordance with the Occupational Health and Safety Act and
Book #7.
Should the Contractor be in contravention of the above, all work on the project shall
cease immediately and remain stopped until adequate corrective measures have been
undertaken. The decision of the Director of Transportation and Environmental Services
or his Representative shall be final in this regard, and the Contractor will immediately
take 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.
PW2009 - 02.
The Township of Oro-Medonte requires the Contractor to enclose with the tender an
"Operator's CVOR Abstract" containing the Operator's Performance Record for the
current year of the tender.
3. Please note that this tender will be awarded on the tendered 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 amount without notice or re-
tender.
All work is to be performed under the supervision of the Director of Transportation and
Environmental Services or his Representative.
3
TENDERING REQUIREMENTS
Tender DeDosit.
A certified cheque made payable to the Township of Oro-Medonte for 10% 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 (14) 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 Rejection of Tender:
Tenders may be rejected for any one 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.
*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 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 $5,000,000.00, 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 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.
Penaltv Clause:
If the Contractor shall fail to complete the work in accordance with the contract and to the
satisfaction of the Director within the time limit specified, the Contractor shall pay to the
Corporation, in addition to the full cost of inspection, the cost of other supervision and any
other direct expenditures, $1,000.00 for each and every day that the work shall remain
unfinished after the time limit specified. The reason of delay in the performance of the said
work is hereby agreed upon, fixed and determined by the parties hereto as the liquidated
damages that the Corporation will suffer by reason as said delay and default and not as a
penalty; and the Corporation may deduct and retain the amount of such liquidated damages
from any monies due or become due to the Contractor on any account.
4
TENDER FOR CONTRACT NO. PW2009 - 02
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 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
10% of the tendered 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 Contractor fails to file 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 may be increased or decreased by
the Municipality without alteration of the Contract price.
I/We (the Contractor) promise to commence work on:
AS DIRECTED BY TOWNSHIP
(To be completed by Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by:
August 28, 2009
(To be completed by Municipality)
By. D U N C O R ENTERPRISES INC. Name of Firm or Individual (Hereinafter referred
to as the "Contractor')
207 4th LINE SOUTH, R.R. #1
SHANTY BAY, ONTARIO
_yQ T, L0 n r Address
BRIAN D N C A N ~~~Name of Person Signing for Firm (Signature)
VICE P1' =DENT Office of Person Signing for Firm
705-487-1440
Telephone No.
5
CONTRACT NO. PW2009 - 02
TENDER FOR SLURRY SEAL
We are pleased to submit the following prices for work in Oro-Medonte Township during the
coming season:
To supply and apply slurry seal to various roads within the Township of Oro-Medonte.
Estimated Area: 167,300 square metres
Price Per Square Metre:
TOTAL $
P. S. i : $
(if applicable)
G.S.T. $
1.91
319543.00
Included
15977.15
GRAND TOTAL $ 335520.15
Me 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 TOWNSHIP
County of
SIMCOE
of ORO-MEDONTE in the
this 19 day of MARCH
4
Signature of Contractor or
Witnesses and Position Held
2009.
Signature of the Corporatioh
Seal of Corporation
Company., ENTERPRISES INC.
Address: 207 4th LINE, SOUTH, R . R . #1 Telephone:
SHANTY BAY, ONTARIO
LOL 2LO
705-487-1440
PREPARATION OF SURFACE (SWEEPING AND VACUUM CLEANING):
Normal street cleaning will be carried out by the Contractor prior to surface treatment.
However, due to problems created by parked vehicles and scheduling, it is contemplated that
additional cleaning of all surfaces with a vacuum type sweeper may be required immediately
prior to the sealing operations. The additional cleaning required to ensure proper application of
the slurry mixture will be the Contractor's responsibility, at no additional cost to the Township.
APPLICATION OF SLURRY SEAL SURFACE.
The slurry mixture shall be of the desired consistency when applied on the surface and no
additional elements shall be added, but total time of mixing shall not exceed four minutes. A
sufficient amount of slurry seal shall be carried in all parts of the spreader at all times so that
complete coverage is obtained during application of the mixture, which shall not proceed at
speeds exceeding 60 metres per minute. The rate of application shall be 6.5 to 7.8 kilograms
per square metre.
Special care should be exercised by the Contractor to ensure that leakage of emulsion does not
occur at longitudinal joints through worn spreader box squeegees, or that an excessive amount
of emulsion does not build up at transverse joint locations during remount periods of the slurry
machine. Any such occurrences should be rectified by removing from the roadway surface,
those excess amounts by squeegee or other suitable means.
Slurry seal shall not be applied when either the ambient or pavement temperature is 30 degrees
Celsius and falling, but may be applied when both the ambient and pavement temperature is 70
degrees Fahrenheit and rising. The Slurry seal shall be applied only when weather conditions
are conducive to obtaining a satisfactory surface and shall not be applied during periods of
abnormally high relative humidity.
7
SPECIFICATIONS FOR EMULSIFIED ASPHALT SLURRY SEAL SURFACE.
DESCRIPTION:
The work covered by this specification consists of furnishing all plant, labour, equipment and
materials and performing all operations, including traffic control, necessary in connection with
the application of a slurry seal surface, complete, in strict accordance with this specification.
The slurry seal shall consist of a mixture of emulsified asphalt, mineral aggregate, Portland
Cement mineral filler, and water, properly proportioned, mixed and spread on the surface as
specified herein and as directed by the Director of Transportation and Environmental Services.
MATERIALS AND APPROVAL:
The Contractor shall advise the Director of Transportation and Environmental Services of the
source of materials, the mix proportions and the aggregate gradings, which he proposes to use,
and shall obtain the Director of Transportation and Environmental Services' approval of
materials, as well as mix proportions, prior to commencing the work. Samples shall be taken
periodically during the progress of the work to ensure conformance with the specifications
approved.
All materials incorporated in the work shall meet the following requirements:
(a) Asphalt Emulsion:
The asphalt emulsion shall be rapid setting type specially designed for slurry seal work,
and as approved by the Director of Transportation and Environmental Services.
(b) A_q_grepate:
The aggregate will consist of clean, sound, durable limestone screenings, which shall be
free of clay, loam and other deleterious materials. Portland Cement mineral filler shall be
considered part of the blended aggregate. The final aggregate gradation, including
mineral fillers, if required, shall fall within the following limits:
Sieve Size
(c)
9.5 mm
4.75 mm
2.36 mm
1.18 mm
600,u m
30011 m
150,u m
75,u m
Water.
% Passing
100
85 - 100
65 - 90
45-70
30-50
18-30
10 - 21
5- 15
All water used with the slurry seal mixture shall be potable and free from harmful soluble
salt.
s
COMPOSITION OF SLURRY SEAL:
The amount of asphalt emulsion to be blended with the aggregate shall be adjusted to secure a
residual asphalt content of 7.5 to 13.5% by weight of dry aggregate in the finished seal coat.
Only the least amount of water necessary to obtain a fluid and homogeneous mixture without
segregation shall be added. At all times, segregated mixes will be rejected. The Contractor
shall, at his own expense, make trial batches to determine the ultimate blend of mineral
aggregate and residual asphalt. The Director of Transportation and Environmental Services
shall give final approval to the design used.
EQUIPMENT:
All equipment, tools, and machines used in the performance of this work shall be maintained in
satisfactory working condition subject to the approval of the Director of Transportation and
Environmental Services.
(a) Mixer.
The slurry seal mixing machine shall be a continuous flow mixing unit equipped for
delivering accurately metered proportions of water, aggregate, fines and asphalt
emulsion to a revolving spiralled multiblade mixer tank and to discharge the thoroughly
mixed product on a continuous basis.
A minimum of two (2) slurry seal units shall be used.
APPLICATION OF SLURRY SEAL SURFACE:
Approved hand squeegees shall be used to spread slurry in areas non-accessible to the slurry
mixer.
The Contractor will provide and maintain suitable protection on manhole covers, catch basins
and open grates during spreading operations. A light film of coal oil is to be applied to all
covers and castings prior to spreading and same are to be brushed clean of slurry following
application.
The successful bidder will, at all times, work in close liaison with the Township of Oro-Medonte
Director of Transportation and Environmental Services, or his Representative, and all works
shall be done solely at the discretion of the Director of Transportation and Environmental
Services.
WORKING TIME LIMITS:
The Contractor will be allowed to carry out operations only during daylight hours between 7.00
a.m. and 5:00 p.m., Monday through the following Friday, except Statutory or Civic Holidays,
unless otherwise approved or directed by the Director of Transportation and Environmental
Services.
The work is to be completed during the time period of June 1, 2009 to August 29, 2009.
9
TRAFFIC CONTROL:
The Contractor will be responsible for all traffic control and will supply all traffic control devices
as specified in, and will comply with Ministry of Transportation and Township By-laws.
No compensation other than that provided under the Contract unit price will be made for
protection of the work or for the control of traffic.
Any damage to the new surface during the curing period done by traffic or the Contractor's
equipment will be repaired at the Contractor's expense.
MEASUREMENT AND PAYMENT:
The slurry seal surface shall be measured and paid for by the square metre of work completed
and accepted as designated by the Director of Transportation and Environmental Services.
Payment shall include all costs arising in performing the work, including plant, labour,
equipment, materials, and all other costs, except costs resulting from operations detailed under
Traffic Control.
QUANTITIES:
The Contractor will supply sufficient equipment, labour and materials to complete a minimum of
12,000 square metres per working day.
SUB-CONTRACTORS:
The Contractor shall not use sub-contractors, unless otherwise approved and is at the sole
discretion of the Director of Transportation and Environmental Services.
PREVIOUS EXPERIENCE:
The Tenderer shall submit a resume of previous experience. List below other slurry seal
contracts undertaken by Tenderer:
YEAR
JOB
AUTHORITY
VOLUME
2008
Slurry
Seal
Town of Innisfil
212000
sq.m.
2008
Slurry
Seal
Township of Essa
117000
sq.m.
2008
Slurry
Seal
District of Muskoka
447000
s m
2008
Slurry
Seal
County of Bruce
100000
sq.m.
2008
Slurry
Seal
County of Elgin
83000
sq.m.
10
QUICK BREAK SLURRY SEAL
All roadways will require the use of quick breaking slurry; the emulsifier shall be "INDULIN
MQK" or the equivalent. The Contractor will quote the material used and supplier of the Quick
Set Emulsifier, for approval by the Director of Transportation and Environmental Services.
11
SCHEDULE "A"
LIST OF BIDDER'S EQUIPMENT
Please list the equipment to be used for Contract No. PW2009 - 02 and specify whether the
equipment to be used is owned by your firm or rented.
NO. OF UNITS
I
1
1
YEAR
F
2009
1998
MAKE
BERGKAMP
BERGKAMP
MODEL
-1
Ml Continuous Machine
Ml Continuous Machine
3
2009
BERGKAMP
F Support Units
3
2007
B
Support Units
1
2005
BERGKAMP
~
M210
2
2004
l
BERGKAMP
_
M210
1
-I
1997
F
BERGKAMP
I
M206
1
1985
BERGKAMP
M208
""NOTE - ALL E
UIPMENT 0 I
NED BY DUNCOR ENTERPRIS
S INC.-,",,",
12
AGREEMENT - TOWNSHIP OF ORO-MEDONTE
This Agreement made, in duplicate, this 19 day of
BETWEEN
DUNCOR ENTERPRISES INC.
MARCH
TOWNSHIP OF ORO-MEDONTE
District or County of
SIMCOE
of the
in the
and the Province of Ontario;
Hereinafter called the "Contractor"
THE PARTY OF THE FIRST PART
- and -
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Municipality"
THE PARTY OF THE SECOND PART
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 Director of Transportation and Environmental Services 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 to all intents
and purposes as though all the stipulations hereof have been embodied herein.
13
The Contractor further agrees that he will deliver the whole of the works, completed in
accordance with this Agreement on or before the 28th day of August, 2009.
The Contractor agrees that such monies may be 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 Contractor
for all work performed, the unit price on the tender.
This Agreement shall ensure to the benefit of and be binding upon the heirs, executors,
administrators and assigns of the parties hereto.
IN WITNESSES WHEREOF the Contractor 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
14
Signature of Corporation
Seal of Corporation
W01D
J/5/GUU;J lU::il:Lti AM PAUL. I/UUI Pax Server
200 Front Street West Telephone:
MIB Toronto ON M5V 3J 1 (416) 344-1012
- oAt AMA -
CM
CONTRACTOR
L'ENTREPRENEUR
Certificate of Clearance
Certificate de d6charge
The Workplace Safety and Insurance Board ( WSIB)
hereby waives its rights under Section 141 of the
Workplace Safety and Insurance Act to hold the
Principal, that is in a contractual agreement with the
Contractor named, liable for any Section 141 liability
of the Contractor for premiums and levies of the
WSIB owing now or within 60 days from the date of
this Certificate.
DUNCOR ENTERPRISES INC
Par la presente, la Commission de la securite
RR 1
professionnelle et de Passurance contre les accidents
207 4TH LINE S
du travail (CSPAAT) renonce aux droits qui lui sont
SHANTY BAY ON
conf6r6s en vertu de Particle 141 de la Loi surly
L O L 2 L 0
security professionnelle et !'assurance contre les
accidents du travail of qui I'autorisent a tenir
('entrepreneur principal, qui a signe une entente
contractuelle avec 1'entrepreneur dont le nom figure
sur /e pr6sent certificat, responsable du paiement
de ioute prime ou de toute somme que Pentrepreneur
est tenu de verse( a la CSPAAT immediatement ou
daps les 60 fours suivant /a date indiqu6e sur ce
cerbhcat.
THIS CERTIFICATE IS VALID FOR ALL CONTRACTS OF
THE NAMED CONTRACTOR DURING THE EFFECTIVE PERIOD
LE PRESENT CERTIFICAT EST VALIDE POUR TOUS LES CONTRATS PASSES PAR
LEDIT ENTREPRENEUR PENDANT LA PERIODS D'APPLICATION DU CERTIFICAT
Account No I N° de compte Firm No./N° d'entrepnse ! jf#fletive Date #~a#e # ei a 14V0,04*5
6668038 210471 ET } R? ' MARX
Valid only when signed by an authorized Officer at the WSIB.
Non vah e sans la signature dun agent autoris6 de la CSPAAT
RateJaux
Description
Rate/Taux
Description
4216000
ASPHALT PAVING
Contract Description/ Description du contrat
Contact the WSIB it you question the validity of this document.
Veuillez communiques avec la CSPAAT si vous doutez de la validitd du present document.
D190C (07108)
Certificate No. / N° de certificat
20350.9488
1 7054B76] 61
MAR 05,2009 10:36A wsib page