2010-104 Agreement - Hot Mix Paving South YardBy -Law No. 2010 -104
Being a By -Law to Authorize the Execution of an Agreement Between
the Township of Oro - Medonte and Coco Paving Inc.,
for Hot Mix Paving for the South Yard (Tender TES2010 -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. C100324 -8, the successful bidder of Tender TES2010 -01 to be
Coco Paving Inc.;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2010 -01, for the supply of hot mix paving for the South Yard;
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. TES2010 -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, SECOND AND THIRD TIME, AND PASSED THIS 23
DAY OF JUNE, 2010.
• 0041 • • • • • • �•
ayor, H`.S. "ghes
Clerk, J. Doud -4 s Irwin
Schedule "A" to By -law No. 2010 -104 TENDER FOR TH
•
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Frei
I • �• ff • /, f f
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Friday, March 19, 2010 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. TES2010 - 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
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1. Workplace Safety and Insurance
i. The Contractor shall provide the Township with a Clearance Certificate from the
Workplace Safety and Insurance Board saying that all dues and assessments
payable under the Workplace Safety and Insurance Act, with respect to his
employees or operations, have been complied with and shall ensure that the
Certificate is valid for the duration of this Contract. The Contractor shall provide
the Corporation with proof of a renewed Certificate at least 30 days prior to expiry.
2. The Contractor must also supply the Township of Oro - Medonte with a copy of a Traffic
Protection Plan, in accordance with Book #7.
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.
TES2010 — 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 amount. Payment will be
made on the unit price tendered.
4. 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.
5. 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.
6. Accessibility for Ontarians with Disabilities
i. The bidder shall comply with the provisions of the Accessibility for Ontarians with
Disabilities Act, 2005, and the Regulations there under with regard to the provision
of its goods or services to persons with disabilities. The bidder acknowledges that
pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township
of Oro - Medonte must, in deciding to purchase goods or services through its
procurement process, consider the accessibility for persons with disabilities to
such goods or services.
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 Reiection 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 *.
Occupational Health and Safety
1. The following requirements and conditions shall be included in all agreements with
Contractors (and sub - Contractors) engaged by or on behalf of the Owner:
i. Contractors acknowledge that they have read and understood the Occupational
Health and Safety Act (OHSA) (R. S. 0. 1990 C. 0.1) and regulations, made under that
statute.
ii. The Contractor shall comply with all health and safety requirements established by
the Occupational Health and Safety Act and regulations, the Owner and any
applicable industry standards. The Contractor agrees to assume full responsibility
for the enforcement of same.
iii. The Contractor shall understand that its performance will be monitored and that
their overall performance will be a major consideration for future Contracts with the
Owner. The frequency and detail of ongoing project monitoring will be dependent
upon the nature of the work and safety precautions specified.
iv. The Contractor shall allow access to the work site on demand to representatives of
the Owner.
V. The Owner will take all action necessary to support the Contractor's health and
safety efforts and to ensure that the Owner -owned and controlled environments in
the vicinity of the project are free from hazards.
M
Occupational Health and Safety (contd. )
A. The Contractor acknowledges and agrees that any breach or breaches of health
and safety requirements, whether by the Contractor or any of its sub - Contractors,
may invalidate the Contract.
Vii. The Contractor acknowledges and agrees that any damages or fines that may be
assessed against the Owner by reason of a breach or breaches of the OHSA by the
Contractor or any of its sub - Contractors, will entitle the Owner to set off the
damages so assessed against any monies that the Owner may, from time to time,
owe the bidder under this Contract or any other Contract whatsoever.
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.
5
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 25 #f ', 2010 and the remaining 20% of the Contract by October
1 2010.
0
'� I I •
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.
7
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.
I
Schedule of unit prices attached to and forming part of the tender for Contract No. TES2010 - 01
SQt1TH
NQ*
LOCATI ®N
DESG'RIPTIN
4 U111/T
ESTIMATED
l UNIT
AMQUNT{
County of
.
day of _,2010.
310
South Yard Area
Supply and Apply
Tonnes
16,225
$ }_/
Hot Mix HL4
� '
��
surface course)
Fine Grading and
m
169,830
Compaction
Shoulder Gravel
Tonnes
5,026
P.S.T.
G.S.T.
$ fK'7 - 70Y
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
f• _e
of
in the
County of
this ! `�
day of _,2010.
Slgn'alur'e fof Confrator or
Witnesses and Position Held
Name and Telephone No. of Person
To be Contacted for Ordering Supply
E
y.
Schedule of unit prices attached to and forming part of the tender for Contract No. TES2010 - 01
F6141112'- NORTH YARD
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 t `sl of in the
County of St el_- nv a this I "l day of Y
Signature of Contractor or ignatu
Witnesses and Position Held Seal of i
Name and Telephone No. of Person
To be Contacted for Ordering Supply
2010.
of tqb Corps'eation .
rpq ation
j .
10
DESCRIPTaON'
ESTIMA.TE®:
QUANTITIES
UNIT :
PRICE`
AMOUNT
310
North Yard Area
Supply and Apply
Hot Mix HL4
surface course
Tonnes
9,693
$
1-7;12
$
Fine Grading and
Compaction
m
79,200
$ 6"7 t
$
Shoulder Gravel
Tonnes
1,876
$
P.S.T.
G. S. T.
TOTAL` TENDEfi
$
$ 3 a vim"
$
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 t `sl of in the
County of St el_- nv a this I "l day of Y
Signature of Contractor or ignatu
Witnesses and Position Held Seal of i
Name and Telephone No. of Person
To be Contacted for Ordering Supply
2010.
of tqb Corps'eation .
rpq ation
j .
10
Fa
This Agreement made, in duplicate, this � q day of I ict . ,- 1- . 2010.
�u
of the
in the
District or County of
t
and the Province of Ontario;
Hereinafter called the "Contractor"
■
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Hereinafter called the "Municipality"
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 thereof, 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 fully and completely to all intents
and purposes as though all the stipulations hereof have been embodied herein.
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The Contractor further agrees that he will deliver the whole of the works, completed in
accordance with this Agreement on or before the 1 St day of October, 2010
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
MAI
51gnAure of Corporation
Seal of Corporation
PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF
TRANSPORTATION PERFORMANCE GRADED
IN
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, 2010. 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.
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