2011-055 Agreement Duncor EnterprisesTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
By -Law No. 2011 -055
A By -Law to Authorize the Execution of an Agreement Between
the Township of Oro - Medonte and Duncor Enterprises Inc.
for Slurry Seal (Tender TES2011 -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. Cl 10323-16, the successful bidder of Tender TES2011 -02 to
be Duncor Enterprises Inc.;
AND WHEREAS Council deems it expedient to enter into an agreement for Contract
No. TES2011 -02 for the supply of slurry seal;
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. TES2011 -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 13
DAY OF APRIL, 2011.
F THE TOWNSHIP OF ORO- MEDONTE
k, J. Does Irwin
Schedule "A" to By -Law No
2011 -055
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
CONTRACT NO. TES2011 -02
TENDER FOR SLURRY SEAL
Proud Heritage, Exciting Future
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. 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 -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
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NOTICE TO BIDDERS
i. Workplace Safety and Insurance
L 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 -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.
UALLMA
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.O. 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.
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Occupational Health and Safety (cont'd)
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.
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.
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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 Dir ected By T ownship
(To be completed by Contractor)
and to diligently perform the work continuously, without undue delay, and further promise to
complete the work by:
August 31, 2011
(To be completed by Municipality)
By. Duncor:.Enterprises Inc.
Name of Firm or Individual (Hereinafter referred
101 Big say Point Road to as the "Contractor ")
Barrie, Ontario
L 4 N 8 M5 Address
Bruce A . - Duncan Name of Person Signing for Firm (Signature)
President
Office of Person Signing for Firm
705 -730 -1999 Telephone No.
0
CONTRACT NO. TES2019 -02
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: 68,600 square metres
Price Per Square Metre: 1.88
TOTAL $ 128968.00
P.S.T. $
(if applicable)
H.S.T.
QCSKX $
16765.84
GRAND TOTAL $ 145733.
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
County of
City
Simcoe
Of Barrie
this 11
Signature of Contractor or
Witnesses and Position Held
in the
2011.
A l",
t —
Signature of the Corporation
Seal of Corporation
Company: Duncor Enterprises Inc.
Address: 101 Big Bay Point Road
Barrie, Ontario L4N 8M5
day of March
Telephone: 705- 730 -1999
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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.
Us
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) 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 %Passing
9.5 mm
100
4.75 mm
85-100
2.36 mm
65-90
1.18 mm
45 -70
600,u m
30-50
300,u m
18-30
150,u m
10-21
75,u m
5-15
(c) Water
All water used with the slurry seal mixture shall be potable and free from harmful soluble
salt.
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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 May 30, 2011 to August 31, 2011.
10
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.
2010
Slurry Seal
Township of Oro -Medon
e 164,400 sq.m.
2010
Slurry Seal
Township of Clearview
136,500 sq.m.
2010
Slurry Seal
MTO- Huntsville
126,000 sq.m.
2010
Slurry Seal
Township of Ramara
42,000 sq.m.
11
im
Aft roadways will require the use of quick breaking slurry, the emulsifier shall be "I NDULI/N MOM"
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.
12
This Agreement made, in duplicate, this 11 day of
Duncor Enterprises Inc.
March
City of Barrie
District or County of S i m c o e
and the Province of Ontario;
Hereinafter called the "Contractor"
of the
in the
THE PARTY OF THE FIRST PART
-and-
2011.
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.
IS!
The Contractor further agrees that he will deliver the whole of the works, completed in
accordance with this Agreement on or before the 31st day of August, 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.
Signature of Contractor, or
-w
"A
.�
afu� T4We _
with Seal
A iignature of Corporation
Seal of Corporation
15