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2011-054 Agreement K.J. Beamish Construction Co.THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2011 -054 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 for the North and South Yards (Tender TES2011 -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. C1 10323-16, the successful bidder of Tender TES2011 -01 to be K.J. Beamish Construction Co. Limited; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2011 -01, for the supply of hot mix paving for the North and South Yards; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2011 -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 13 DAY OF APRIL, 2011. F THE TOWNSHIP OF ORO- MEDONTE ug k, J. Ifoyg1"a's Irwin Schedule "A" to By -law No. 2011 -054 TENDER FOR THE TOWNSHIP OF ORO- MEDONTE Proud Heritage, Exciting Future CONTRACT NO. TES2011- 01 TENDER FOR HOT MIX PAVING THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON MONDAY, MARCH 14, 2011 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Monday March 14, 2011 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. TES2011 -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. TES2011 -01 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 #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. TES2011 -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 209 , 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 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. 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 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. 0 Occupational Health and Safety (contd.) V1. 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. V11. 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. 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. 5 TENDER FOR CONTRACT NO. TES2011 -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: MA-1 i b, Zo t l (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 24t 2011 and the remaining 20% of the Contract by September 30th, 2011. K. J. Beamish Construction Co. LTC. P.O. Box 2177 BY: 1O Name of Firm or Individual (Hereinafter referred to as the "Contractor") Tel.. 705- 325 -7447 Fax 705- 325 -7002. Address -1. i-,E Name of Person Signing for Firm (Signature) Vc Le - P2ES+vEar Office of Person Signing for Firm Telephone No. C. 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. 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. CONTRACT NO. TES2011 -01 Schedule of unit prices attached to and forming part of the tender for Contract No. TES2011 -01 NO. LOCA TI O N D ES C R IPT IO N UNIT EST IlV1A TED QUANTITIES `IES UNI PRI AM OUNT 310 South Yard Area Supply and Apply Hot Mix HL.4 surface course Tonnes 7,998 $ $ 455,7D6 Fine Grading and Comp action M2 65,100 $ 0.0 5 $ 3.D�-00 Shoulder Gravel Tonnes 1,860 $ IL) 1 2 0 $a7 5agbD P.S.T. G.S. T. TOTAL TENDER $ b3,P41o.17 $541,1 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 (' I ry of C) r-11 -k iA in the County of c, E this day of h�J/�2c_// . , 2011. K.J. BEAM SH C S TI C . LIMITED PER......... .. .. ........ ..... CE -PRES. Signatur o Contractor or Witness ad Position Held Signature of the Corporation Seal of Corporation Name and Telephone No. of Person To be Contacted for Ordering Supply D N TDMII �e —.�.._ Schedule of unit prices attached to and forming part of the tender for Contract No. TES2011.01 NO. LOCATION DESCRIPTION UNIT EST IMATED QUANTITIES UNIT PRICE AMOUNT 310 North Yard Area Supply and Apply Hot Mix HL4 surface course Tonnes 21,835 $ $ Fine Grading and Compaction m 2 177,730 $ b5 $ Shoulder Gravel Tonnes 5,078 $ �7 3g $ P.S.T. G.S.T. TOTAL TENDER $1,32q $ 17a $1,52 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 C_..� i y of / W in the County of 5 i,y7e o E this - IL1 I day of y�1-74 4 , 2011. K.J. I3EAPfldSfi C C7 CO. LIMITED FER ........ ....... ... . . ...... FCE -PRES. Signature of the Corporation Seal of Corporation Name and Telephone No. of Person To be Contacted for Ordering Supply 10 LA Lqjj This Agreement made, in duplicate, this C `7 "k- day of t t i 4 C# 2011. BETWEEN R - � I��� (Rf.tG (r �a �� of the L L - N b ( 6 1p,C 1 -� i Pq in the District or County of S I -t4 C-6 C 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 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. 11 The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 30th day of September, 2011 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. BEAIv'IIS C TR I CO. LI�tITEO PER ..... s� Signature of Contractor, or K.J. BEAM, IS f TION CO. LIMITED PER ................ :::......................... VICE -PRES. Signature of Corporation Seal of Corporation 12 Si a ure 4theA�yor with Seal PENETANGUISHENE ROAD 0 0 m Ni 1 1 > !TM LINE 2 S_ UNt2N LINE is' UkE:3 N, 3 LINE N 2 3 f'Q UNE4S LINE 44N__ bk t N ; LINE 5S - A t S i ��INL 611 aN L PN 01 I LUINP LINE J, cn A- ONE§N 0 Ukli's S 0 =r -Vo 0 U bf r% LINE 9 N CL CD I UNE.10 S ONE 1� N L r+ � Wy t Fir L7W 0 r m f-IL a La LI NE 1.11 N (D �N 1 1 1 , �4 iffin 0 0 S I NE 1'2 S ONE 11, N c nK U El! LIN 3S , . T DINE I' N LINE 1 4 It: t lu! 5's ONE I io '. 1�t .71 1 if *006LAW) f id LINES 5N �INF 2 M tLlk 3 M _ c Z- yA LINE 7 N D o y� - I Q i LIFE 9 71 N 7 , IJ i Ai T6WNLINE GJ SCAR LETT LINE LINE 2 N m LINE 3 PL- , A m m D y O a O B N �9� j E I U) Z.S. Iz O � 3 h O O � O. O f 5N �INF 2 M tLlk 3 M _ c Z- yA LINE 7 N D o y� - I Q i LIFE 9 71 N 7 , IJ i Ai T6WNLINE GJ SCAR LETT LINE LINE 2 N m LINE 3 PL- , A m m D y O a O B N �9� j E O x' Vl m A D v O U) Z.S. O 3 h O O � O. O O x' Vl m A D v 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, 2011. 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: 1. 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.