2009-088 Agreement Between the Township of Oro-Medonte and K.J. Beamich Construction Co. LimitedTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
By-Law No. 2009-088
Being a By-Law to Authorize the Execution of an Agreement Between
the Township of Oro-Medonte and K.J. Beamish Construction Co. Limited,
for Hot Mix Paving (Tender PW2009-01)
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 for The Corporation of the Township of Oro-Medonte
declared, by Motion No. C090422-5, the successful bidder of Tender PW2009-01 to be
K.J. Beamish Construction Co. Limited;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. PW2009-01, for the supply of hot mix paving;
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. PW2009-01 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,IWu
Cle k, J. DodgMs Irwin
Schedule "A" to By-law No. 2009-088
TENDER FOR THE
TOWNSHIP OF ORO-MEDONTE
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CONTRACT NO. PW2009 - 01
TENDER FOR HOT MIX PAVING
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, except that separate Forms 1 and 2 will be used. 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 - 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.
Director of Transportation and Environmental Services
Township of Oro-Medonte
Telephone: (705) 487-2171
The Contractor may bid on 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
CONTRACT NO. PW2009 - 01
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 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 and Book #7.
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 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 - 01.
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 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 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.
PLEASE REVIEW THE ASPHALT CEMENT PRICE INDEX CLAUSE AT THE BACK OF THE
TENDER.
3
TENDERING REQUIREMENTS
Tender Deposit.
A certified cheque made payable to the Township of Oro-Medonte for 10% of the total 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 Rejection of Tender.
Tenders may be 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.
'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.
Penalty 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 - 01
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.
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:
(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 26th, 2009 and the remaining 20% of the contract by October
2"a 2009.
K. J. Beamish Construction Co. LTD.
BY. P.O. Box 2177
ORiLLIA, Ontario L311 6S1
Tel.. 705- 325-7447 Fax 705- 325-7002
Name of Firm or Individual (Hereinafter referred
to as the "Contractor')
Address
l Lsz.~ Name of Person Signing for Firm (Signature)
K.J. EEAMIS STROC-770M CO. LIMITED
PER...... a<' Office of Person Signing for Firm
Telephone No.
5
GENERAL CONDITIONS
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 Book #7, shall be strictly adhered to by the Contractor at all times.
Flagmen, who must be supplied by the Contractor, shall wear protective, fluorescent clothing,
hard hats and green patch safety boots.
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 15% will be released to the Contractor.
Asphalt:
Asphalt must be approved M.T.O. mix design having the approval of the Director of
Transportation and Environmental Services or his Representative. Aggregate must be from an
approved commercial source.
Equipment.
The Contractor shall provide all equipment in
required works. Bituminous pavers equipped
types must be supplied by the Contractor.
excellent condition necessary to complete the
with automatic screened controls of approved
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 shall 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.
6
Equipment (contd.):
When two or more pavers are in echelon, pavers following the lead paver shall use joint-
matching shoes designed for the purpose, which shall ride on the previously placed
uncompacted mat.
The automatic transverse slope shall be set for the cross fall desired by the Director of
Transportation and Environmental Services and shall be capable of being operated from either
side of the paver.
A self-propelled pneumatic tired roller with a self-contained tire inflation system may be used
for intermediate and final rolling. However, should the finished rolled surface not prove
satisfactory to the Director of Transportation and Environmental Services or his Representative,
then a steel wheel roller will be required by the Contractor.
7
CONTRACT NO. PW2009 - 01
TENDER FOR HOT MIX PAVING
Schedule of unit prices attached to and forming part of the tender for Contract No. PW2009 - 01
SOUTH YARD
NO.
LOCATION
DESCRIPTION
UNIT
ESTIMATED
UNIT
AMOUNT
-
QUANTITIES
PRICE
310
South Yard Area
Supply and Apply
Tonnes
24,708
$
$
Hot Mix HL4
~
surface course
Fine Grading and
m
'~5 10'-
$ _
$
Compaction
P.S.T.
G.S.T.
$ > 1 1~' 7
TOTAL. TENDER
$ I (_-c I
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 01 r,-/ of Lll/ in the
County of this 2c~ wl day of 2009.
7 i/ d1. LIMITED
fC.J.#~iJltSf 6
HS,
Signature of Contractor or
Witnesses and Position Held
.32 S --7-/V 7
Name and Telephone No. of Person
To be Contacted for Ordering Supply
Signature of the Corporation
Seal of Corporation
8
~ j
r
CONTRACT NO. PW2009 01
TENDER FOR HOT MIX PAVING
Schedule of unit prices attached to and forming part of the tender for Contract No. PW2009 - 01
NORTH YARD
NO.
LOCATION
DESCRIPTION
UNIT
ESTIMATED
UNIT
AMOUNT
OUANTITIES
PRICE
310
North Yard Area
Supply and Apply
Tonnes
-20; 4-24-
$
$
Hot Mix HL4
surface course
a.~,
Fine Grading and
m
-96,-M
$
$
_
Compaction
A
`9 -7 Z, 9co
'
✓//uc/luE~ !z/G y v`f
T..-
I
P.
S. T.
r:
$
~i j
3:.~~ .
r
G.S.T.
TOTAL. TENDER
$1 -r , 2 d,
I/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 e t / of ~ 11; ' in the
County of 5 1. )n C = this day of c.. r ( , 2009.
K...l.
PFFL.
Signature of Contractor or
Witnesses and Position Held
32'6x- 744/7.
Name and Telephone No. of Person
To be Contacted for Ordering Supply
Signature of the Corporation
Seal of Corporation
d
9
AGREEMENT - TOWNSHIP OF ORO-MEDONTE
This Agreement made, in duplicate, this day of
BETWEEN
K. j - - ,SH CONSTRUCTION CO. LIMITED of the
C,T-U, (11 IP c i A in the
District or County of es, t tio~
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.
10
The Contractor further agrees that he will deliver the whole of the works, completed in
accordance with this Agreement on or before the 2"d day of October, 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.
K.J. EAMISH ~!r--k1 fION CO. L1 ITED
PER...... ` vFCE PRES.
Signature of Contractor, or
Si ature f Clerk
Aigatu're yor
with Seal
Signature of Corporation
Seal of Corporation
11
PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF
TRANSPORTATION PERFORMANCE GRADED ASPHALT CEMENT PRICE
INDEX
The Township of Oro-Medonte will 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% from the price index for the month of April, 2009. When the price
index differential is less than 5%, there will be no 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 Work 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 of:
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.
148 Line 7 S., Box 100
Oro, Ontario LOL 2X0
Phone (705) 487-2171
Fax (705) 487-0133
www.oro-medonte.ca
ADDENDUM FOR
CONTRACT NO. PW2009-01
(HOT MIX PAVING)
North Yard
South Yard
16,512 tonne - Het MIX
15,360 tonne - Shoulder Gravel
172,800 m2 - Fine Grade
24,708 tonne - Hot Mix (as per tender)
22,984 tonne - Shoulder Gravel
258,570 m2 - Fine Grade