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2010-105 Agreement for Slurry Seal■ • •. • •' • • • •' �•'� By -Law No. 2010 -105 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 TES2010 -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. C100324 -9, the successful bidder of Tender TES2010 -02 to be Duncor Enterprises Inc.; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010 -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. TES2010 -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, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. 161 .• - Y- A' % • M • •, • -• �• ■ m Cl*k, J. Oougfals Irwin MIA � I A, sm o I'e! 1 1I Jill • / i • f l • i (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. 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 - 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 NOTICE TO BIDDERS 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 V. 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 — 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. 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. 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 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 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. 4 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. 9 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. Au_gust 27, 2010 (To be completed by Municipality) BY. Duncor Enterp Inc. Name of Firm or Individual (Hereinafter referred 101 Big Bay Point Road to as the "Contractor ") Barrie, Ontario L4N 8M5 _ Address Brian D u n c. a n Name of Person Signing for Firm (Signature) -- Z=j Vice President Office of Person Signing for Firm 705 - 730 -1999 Telephone No. 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: 164.400 square metres Price Per Square Metre: 1 .58 5 TOTAL $ 260574 .00 P.S.T. $ (if applicable) G.S.T. $ 13028 .70 GRAND`TOTAL $ 273602.70 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 County of Ci ty Simcoe of Bar rie this 19 day of March Signature of Contractor or Witnesses and Position Held Company. Address. Duncor Enterprises Inc. 101 Big Bay Point Road Barrie, Ontario L4N 8M5 in the 2010. Signature of the Corc!,rat Seal of Corporation Telephone: 705 - 730 -1999 7 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. 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. 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) Aggregate 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 300,u m 150,u m 75,um 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. 0 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, 2010 to August 27, 2010. M 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 2009 Slurry Seal Township of Oro -Medon e 167300 sq.m. 2009 Slurry Seal Town of Innisfil 181775 sq.m. 2009 Slurry Seal Township of Essa 136200 sq.m. 2009 Slurry Seal Township of Clearview 50000 sq.m. 2009 Slurry Seal Township of Severn 95000 sq.m. 11 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. IM SCHE ULE " " Please list the equipment to be used for Contract No. TES2010 — 02 and specify whether the equipment to be used is owned by your firm or rented. NO. OF UNITS 1 YEAR IF 2010 MAKE - - - -� Bergkamp MODEL Ml Continuous Machine 1 2009 Bergkamp Ml Continuous Machine 1 1998 Bergkamp Ml Continuous Machine -- — 3 2009 Bergkamp Support Units 3 2007 Bergkamp IJ I FSUPPO rt Units 1 2005 Bergkamp M210 2 2004 Bergkamp ��� 0 1 1997 Bergkamp M206 1 1985 Bergkamp M208 Note— A 1 equipmen owned by Duncor Enter rises Inc. „ „ - 13 1 .1-.I'I l•' mill This Agreement made, in duplicate, this 19 day of Duncor Enterprises Inc. March City of Barrie District or County of Simcoe of the in the and the Province of Ontario; Hereinafter called the "Contractor" - and - 2010. 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 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. 14 The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 2e day of Au_gust, 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 vrn19 vca■ /Z" Signature of Corporation Seal of Corporation 15