2014-056 Agreement with K.J. Beamish - Hot Mix Paving (Tender TES2014-03)The Corporation of the Township of Oro - Medonte
By -Law No. 2014 -056
A By -Law to Authorize the Execution of an Agreement Between
the Township of Oro - Medonte and K.J. Beamish Construction Co. Ltd.
for Hot Mix Paving (Tender TES2014 -03)
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 -03 to be K.J.
Beamish Construction Co. Ltd.;
And Whereas Council deems it expedient to enter into an agreement for Contract No.
TES2014 -03 for the supply of hot mix paving;
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 -03 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
Mayor, 113/1 iug
las Irwin
TENDER FOR THE
TOWNSHIP OF ORO- MEDONTE
0�� aJ ���
Proud Heritage, Exciting Future
CONTRACT NO. TES2014 -03
TENDER FOR HOT MIX PAVING
TES2014 -03 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, 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. TES2014 -03" 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, C.E.T., BSc
Manager of Transportation Services
Township of Oro - Medonte
Telephone: (705) 487 -2171
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.
TES2014 -03 Page 2
CONTRACT NO. TES2014 -03
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 -03.
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.
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.
TES2014 -03 Page 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 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:
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:
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 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.
TES2014 -03 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.
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 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 -03 Page 5
TENDER FOR CONTRACT NO. TES2014 -03
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.
IMe (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
the work by September 26th, 2014.
K. J. Bazn4nish Construction Co. I T .
BY:
x7
ORVIIIA, Ontario L3V 6S1
Tel- 2 o
%hoc, Lc -sSUE
V�Ly
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
7oz5-- 7447 Telephone No.
TES2014 -03 Page 6
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, 200,310, 312, 314, 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 Manager of
Transportation Services or her Representative. Aggregate must be from an approved
commercial source.
Equipment:
The Contractor shall provide all equipment in excellent condition necessary to complete the required
works. Bituminous pavers equipped with automatic screened controls of approved types must be
supplied by the Contractor.
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.
TES2014 -03 Page 7
Equipment (cont'd.):
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 un- compacted mat.
The automatic transverse slope shall be set for the cross fall desired by the Manager of Transportation
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
Manager of Transportation Services or her Representative, then a steel wheel roller will be required by
the Contractor.
TES2014 -03 Page 8
CONTRACT NO. TES2014 -03
TENDER FOR HOT MIX PAVING
Schedule of unit prices attached to and forming part of the tender for Contract No. TES2014 -03
1
2
Map Attached
Provisional
Provisional (For
Fall Paving)
Line 3 N and Line
11 N
Provisional
Supply and Apply
Hot Mix HL4
(surface course)
Fine Grading and
Compaction
Shoulder Gravel
Grade and Pave
Private Driveway
Entrances to
Property Line
Grade and Install
Asphalt Gutter
Supply and Apply
Hot Mix HL4
(surface course)
Fine Grading and
Compaction
Shoulder Gravel
Grade and Pave
Private Driveway
Entrances to
Property Line
Grade and Install
Asphalt Gutter
Tonnes
m
Tonnes
Lump
Sum
m
Tonnes
Tonnes
Lump
Sum
m
H.S.T.
TOTAL TENDER
$
$�ZD
co
$5�.a
$l to
i
$
$ 5 �� •�a
$
$'/
�
$ q / :58� .
$�`��
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.
TES2014 -03 Page 9
Signed at the of in the
County of ►n c.e,C- this Z40 day of �d Amt , 2014.
Signature ol"Contractor /or
Witnesses and Positio r Held
76S- z-5-- - 7447
Name and Telephone No. of Person
To be Contacted for Ordering Supply
K.J. ®EAMIS C ? Ft ,iION CO. LIMUTE®
PER ........
c�....VICE-PRIES.
Signature of the Corporation
Seal of Corporation
TES2014 -03 Page 10
AGREEMENT
TOWNSHIP OF ORO- MEDONTE
This Agreement made, in duplicate, this day of 2014.
BETWEEN
District or County of
of the
in the
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 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.
The Contractor further agrees that he will deliver the whole of the works, completed in accordance
with this Agreement on or before the 26th day of September, 2014.
TES2014 -03 Page 11
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.
7
K.J. RE.a MY C 7 TION CO. LIMITED
VICE Mfg .
Signature of Contractor, or
Signature of Corporation
Seal of Corporation
TES2014 -03 Page 12
PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION
PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX
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, 2014. 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.
where:
PA = payment adjustment for new asphalt cement, in dollars
ITO = MTO PGAC price index published for the month prior to Tender opening
Ip = MTO PGAC price index published for the month in which paving occurs
TES2014 -03 Page 13
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