2014-055 Agreement with Duncor for Slurry Seal (Tender TES2014-02)The Corporation of the Township of Oro - Medonte
By -Law No. 2014 -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 TES2014 -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. C140409 -12, the successful bidder of Tender TES2014 -02 to be Duncor
Enterprises Inc.;
And Whereas Council deems it expedient to enter into an agreement for Contract No.
TES2014 -02, for the supply of slurry seal;
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. TES2014 -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 23rd day of April,
2014.
The Corporation of the Township of Oro - Medonte
, H_S.)Hughes
rk, JTDgdglas Irwin
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
Proud Heritage, Exciting Future
CONTRACT NO. TES2014 -02
TENDER FOR SLURRY SEAL
TES2014 -02 Page 1
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
TENDER CLOSING DATE IS 9:00 A.M. ON FRIDAY, MARCH 28, 2014
(Lowest or any tender not necessarily accepted)
Tenders will be opened at the Administration Centre on Friday, March 28, 2014 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. TES2014 -02" and
addressed to Lisa McNiven, Manager, Transportation Services, Township of Oro - Medonte, Box 100,
ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the Manager,
Transportation Services, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO,
Ontario LOL 2X0.
For further information, please contact:
Lisa McNiven,
Manager of Transportation Services
Township of Oro - Medonte
Telephone: (705) 487 -2171
TES2014 -02 Page 2
CONTRACT NO. TES2014 -02
NOTICE TO BIDDERS:
1. Workplace Safety and Insurance:
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. TES2014 -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 Manager of Transportation Services or
her Representative.
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.
TES2014 -02 Page 3
TENDERING REQUIREMENTS
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 Resection 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:
The following requirements and conditions shall be included in all agreements with Contractors
(and sub - Contractors) engaged by or on behalf of the Owner:
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.
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 t o
efforts and to ensure that the Owner -owned
the project are free from hazards.
support the Contractor's health and safety
and controlled environments in the vicinity of
TES2014 -02 Page 4
Occupational Health and Safety (cont'd.):
vi. 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.
Liabilitv 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 Manager 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.
TES2014 -02 Page 5
TENDER FOR CONTRACT NO. TES2014 -02
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.
UWe (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:
August 29, 2014
(To be completed by Municipality)
BY: Duncor Enterprises Inc.
101 'Big Bay Point Road
Barrie, Ontario L4N 8M5
roan D ncan
Vice President
705 -730 -1999
Name of Firm or Individual (Hereinafter referred
to as the "Contractor ")
Address
Name of Person Signing for Firm (Signature)
Office of Person Signing for Firm
Telephone No.
TES2014 -02 Page —6
CONTRACT NO. TES2014 -02
TENDER FOR SLURRY SEAL
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: 49,700 square metres
Price per Square Metre: 2.06
TOTAL$ 102382.00
H.S.T. $ 13309.66
GRAND TOTAL $ 115691.66
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
City
County of Simcoe
1v
Signature of Contractor or
Witnesses and Position Held
of
this 27
Company: Duncor Enterprises Inc.
Address: 101 Big Bay Point Road
Barrie, Ontario
L4N 8M5
Barrie
in the
day of March 2014.
Signature of the Corporation
Seal of Corporation
Telephone: 705 - 730 -1999
TES2014 -02 Page 7
PREPARATION OF SURFACE (SWEEPING AND VACUUM CLEANING):
Normal street cleaning will be carried out by the Contractor prior to the slurry seal 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.
TES2014 -02 Page 8
t SPECIFICATIONS FOR EMULSIFIED ASPHALT SLURRY SEAL SURFACE:
DESCRIPTION:
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 Manager of Transportation Services.
MATERIALS AND APPROVAL:
The Contractor shall advise the Manager of Transportation Services of the source of materials, the mix
proportions and the aggregate grading's, which he proposes to use, and shall obtain the Manager of
Transportation 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 Manager of Transportation 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 p m
30-50
300 p m
18-30
150pm
10 -21
75 rn
5-15
(c) Water:
All water used with the slurry seal mixture shall be potable and free from harmful soluble salt.
TES2014 -02 Page —9
COMPOSITION OF SLURRY SEAL:
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 Manager of
Transportation 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 Manager of Transportation 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, valve lids, 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 Manager
of Transportation Services, or her Representative, and all works shall be done solely at the discretion of
the Manager of Transportation 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 Manager of Transportation Services.
The work is to be completed during the time period of May 30, 2014 to August 29 2014
TES2014 -02 Page 10
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 Manager of Transportation 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 Manager of Transportation Services.
PREVIOUS EXPERIENCE:
The Tenderer shall submit a resume of previous experience. List below other slurry seal contracts
undertaken by Tenderer:
YEAI _°--
JOB
AUTHORITY
VOLUME
2013
l rr- Seal
Y
Township of
7,100 aq.m.
213
Slurry 8e1
'down of
fil
141 318 a
2013
Slurry Seal
Township of
12,601 sq.m.
2013
Slurry Seal
Municipality of
87,000 sq.m.
TES2014 -02 Page 11
QUICK BREAK SLURRY SEAL
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 Manager of Transportation Services.
TES2014 -02 Page 12
SCHEDULE "A"
LIST OF BIDDER'S EQUIPMENT
Please list the equipment to be used for Contract No. TES2014 -02 and specify whether the equipment to
be used is owned by your firm or rented.
N GLOFM NITS
YEAR
MAKE
MODEL
1
2010
Bergkamp
M1 Continuous Machine
1
2009
Bergkamp
M1 Continuous Machine
1
1998
Bergkamp
M1 Continuous Machine
3
2009
Bergkamp
support Units
3
2007
Bergkamp
3upperrt Units
1
2005
Bergkamp
M210
2
2004
Bergkamp
M210
1
1997
Bergkamp
M20
Note° All
quipm nt
caned by luncor Bnterpr
ses Inc.***
TES2014 -02 Page 13
AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this 27
BETWEEN:
Duncor Enterprises Inc.
City of Barrie
District or County of Simcoe
and the Province of Ontario;
day of
March
Hereinafter called the "Contractor"
of the
in the
THE PARTY OF THE FIRST PART
- and -
2014.
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 Manager
of Transportation Services or her 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.
TES2014 -02 Page 14
The Contractor further agrees that he will deliver the whole of the works, completed in accordance
with this Agreement on or before the 29th day of August, 2014.
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
with Seal
-1 .'z ,
k1* %l,.'�s
ignature jof Corporation
Seal of Corporation
TES2014 -02 Page 1s