THE CORPORATION OF THE COUNTY OF PRINCE EDWARD. By-Law No

Transcription

1 Motion CW-272-2Cll6 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD By-Law No A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CORPORATION OF THE COUNTY OF PRINCE EDWARD AND DREW HAPPlSnN HAULAGE LIMITED (- Contract 2016-EDW-39) WHEREAS Section 10 (1 ) of the Municipal Act, 2001, s.o. 2001, c.25 as amended, a single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public; AND WHEREAS the Council for The Corporation of the County of Prince Edward desires to enter into an Agreement with Drew Harrison Haulage Limited regarding County Road 8, Watermain Extension - Contract 2016-EDW-39, in the total amount of $423, plus HST, in accordance with the terms and conditions attached to this By-Iaw as Schedule 'A'; NOW THEREFORE the Council of The Corporation of the County of Prince Edward enacts as follows: 1. THAT the Agreement substantially in the form attached hereto as Schedule 'A' to this by-iaw between The Corporation of the County of Prince Edward and Drew Harrison Haulage Limited be and the same is hereby approved. 2. THAT the Mayor and the Clerk be and are hereby authorized and directed to execute the said Agreement. 3. THAT the provisions of this by-law shall come into force and effect on the day of final passing thereof. Read a first, second and a third time and finally passed this 8th day of November, Kim?te, CLER'K ;ti;v.ai? sb?i Robert L. Quaiff, Ml!#-bR,y.,}lq'.. (i';t)l)4 ')t): I l 4 v?*

2 l The Corporation of the County of Prince Edward THJS AGREEMENT made in triplicate this BETWEEN: AGREEMENT 9 Z U?'??.' / } dayof a?',,..?..(';..." i',' --l.? k hereinafter called the?contractor" THE PARTY OF THE FIRST PART AND- THE CORPORATiON OF THE COUNTY OF PRINCE EDWARD Hereinafter called the?owner" 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 sigrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction and, to the satisfaction of the Engineer, 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 heretofore, 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. DESCR?PTION OF THE WORK: The general scope of work includes installation of approximately 400 metres extension of the County's watermain, connections and appurtenances on County Road 8 (Unton Street), from John Street easterly. The svork shall include, but not Iimited to, restoration of all work areas to their previous condition and traffic control. The Contraetor further agrees that he will deliver the whole of the svorks completed in accordance with this Agreement and within the time stipulated in the following two (2) options: Option A: Staiting November 7, 2016, to June 1, Should winter conditions preclude completion of works before the end of 2016, County Road 8 shall be temporarily paved prior to closing of asphalt plants. Works shal? then eontinue in spring 2017 for completion of all works by June 1, Early Completion Date The Early Completion Date Provisional Item or $20,000 will be 100% progressed on the Contractor's Payment Certificate if and only if completion of the road works occurs prior to earlier of December 16, 2016 or closing oy asphalt plants in Completion of topsoil and seeding shall then be completed prior to May 1, All works shall be in compliance with the contract specifications. Option B: Starting Spring 2017, to June 1, 2017 The Contractor agrees that any monies due to the Owner as a result of non-comp}etion of the works within the time stipulated may be deducted from any monies due the Contractor on any account whatsoever. Page 19

3 The Corporatton ofthe County of Prince Edward IN CONSIDERATION WHEREOF, said party of the second part agrees to pay the Contractor for all work done at the unit prices on the Tender. This agreement shall inure to the benefit of and be binding upon the heirs, executors, admjnisters and assigns of the parties hereto. IN WITNESS THEREOF, the Contraetor and the Osvner rove hereunto sjgned their names and set their seals on the day first above written, or caused tbeir corporate seals to be affixed, attested by the stgnature of their proper officers, as the case may be. SIGNED and SEALED by the Contractor( In the presence or SIGNED and SEALED by the Purchaser In the presence of ( ( r-'-q '6='? (?' -'U" V :i&6"[m :"""?' (?Clerk,]Kun-WhFte ' - 7 Page 20

4 Bid Bond - CCDC Standard Construction Document CCDC RSA' Q Bond No.: Bond Amount: $ 25, DREW HARRISON HAULAGE LTD. as Principal, hereinafter called the Principal, and Royal & Sun Alliance Insurance Company of Canada, corporation created and existing under the laws of Canada and duly authorized transact the business of Suretyship in all Provinces and all Territories in Canada as Sure'cy, hereinafter called the Sure%, are held and firmly bound unto THE CORPORATION OF THE COUNTY OF PRINCE EDWARD as Obligee, hereinafter called the Obligee, in the amount of n/venty FIVE THOUSAND Dollars, $25, lawful money of Canada, for the payment of which sum the Principal and t)?ie Sure% bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS th6 Principal has entered into a written bid to the Obligee, dated the 13TH day of October, 2016 for Contract#20l6-EDW-39 CountyRoad8WatermainExtension. The Condition of this obligation is such that, if the Principal shall have the bid accepted within the time period prescribed in the Obligee's bid documents, or, if no time period is specified in the Obligee's bid documents, within SIXTY, (60 ) days from the closing date as specified in the Obligee's bid documents, and the Principal enters into a formal contract and gives the specified security, then this obligation shall be void; otherwise, provided the Obligee takes all reasonable steps to mitigate the amount of such excess costs, the Principal and the Surety will pay to the Obligee the difference in money between the amount of the bid of the Principal and the amount for which the Obligee Iegally contracts with another party to perform the work if the latter amount be in excess of the former. The Principal and Surety shall not be Iiable for a greater sum than the Bond Amount. It is a condition of this bond that any suit or action must be commenced within seven (7) months of the date of this Bond. No right of action shall accrue hereunder to or for the use of any person or corporation other than the Obligee named herein, or the heirs, executors, administrators or successors of the Obligee. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated the 1 2' day of OCTOBER, SIGNED AND SEALED in the presence of: DREW HARRISON HAULAGE LTD. Principal: Royal &,pup Alliance Insurance Company of Canada '?ty Reva Ross Attomey-in-Fact RSA is a regislered (rade name of Royal & Sun Alliance Insurance Company of Canada.?RSAa and }he RSA Iogo are }rademarks used under Iicense from RSA Insurance Group plc. Page t ot j GSL Sure}y Form #023( )

5 l The Corporation of the County of Pririce Edward LIST OF SUBCONTRACTORS The Tenderer shall list hereunder the names of all Subcontractors and material suppliers proposed to be used. SUBCONTRACTOR Fimiii,J (ic-mmnj LtfllttW 9A'l (!,H. (,,)lay4 SW Mq-o> k C-au p/)uujl t-un( l - ' ADDRESS l ' TRADE APPROXnmTE VALUE OF SUB-LET WORK ';l gtt,bc Pmct, oes< bj kn (lt-s %Th r, 50,yo-- 'G% ry lt.rtq 2,,og?A*zq (Ju(24id4 Ig,000." 4 -) i' ' i s J'l'0 war o!1 t&i> e,rs (!:,sux,;)a p'3pf;,(02, *akhwejxm ' )(p/%rvibjd QA (t,tph<.-wp,a..> 4qtAl% ( u,oa i p Sooo- l It is understood by the Tenderer that the above Iist of Subcontractors is complete and that no additions to this list will be permitted after Closing Date of Tenders, without the written approval of the Engineers. (THIS FORM SHALL BE COMPLETED AND SUBMITTED WITH THE TENDER) Page 36

6 The Corporation of the County of Prince Edward CONTRACTOR'S ACKNOWLEDGEMENT OF Accessibility for Ontarians with Disabilities Act (AODA) Accessible Customer Service Training companyname: fi0j??j ffi? pn o I acknowledge that all staff employed b)' T)% klib,j u?? L?, who may undertake any duties and interact with any persons with disabilities, in the course of this company's contractual obligations with The County of Prince Edvvard, have reviewed a Service Ontario video/ on-line training course outlining the Accessibility for Ontarians with Disabilities Act (AODA) regulations. As a principle of the contractor employed by The County of Prince Edward, I understand the municipality's requirements to comply with the Customer Service Standard. I will ensure that all future staff hired to assist with this company's contractual obligations will receive similar training as soon as they are hired, to meet these ongoing requirements. Name: f4?4 tfi? y-y ';') -=g...,., -?(2;? Date: 02-oc*bv->ti (THIS FORM SHALL BE COMPLETED AND SUBM[TTED WITH THE TENDER) Page 34

7 The Corporation of the County of Prince Edward CONTRACTOR'S ACKNOWLEDGEMENT OF TRAFFTC CONTROL As required herein I/We, the undersigned agree to provide all traffic control as required in accordance with the Ontario Traffic Manual, Temporary Conditions, Book 7 and related safety acts for all work on all roads as required in this Contract. fs=ivve<w? w ffi CONTRACTOR'S NAME (PLEASE PRINT) u,2t p (d'-s? 7 SIGNATURE 12-or:mgu-zic DATE (THIS FORM SHALL BE COMPLETED AND SUBMITTED WITH THE TENDER) Page 32