CITY OF TIMMINS BY-LAW NO. 2014-7538 BEING A BY-LAW to authorize The Corporation of the City of Timmins to enter into an agreement with Norwin Construction, respecting the replacement of the entrance stairs of City Hall, in the City of Timmins. WHEREAS Council of The Corporation of the City of Timmins considers it desirable to enter into such an agreement with Norwin Construction. NOW THEREFORE the Council of The Corporation of the City of Timmins enacts the following as a By-law: 1. THAT The Corporation of the City of Timmins enter into an agreement with Norwin Construction, respecting the replacement of the entrance stairs of City Hall, in the City of Timmins, for the sum of $ 68,950.00 plus HST, a copy of which agreement is attached hereto and marked as Schedule "A" to this By- law. 2. THAT the Mayor and Clerk be and are hereby authorized to execute the said agreement on behalf of the Corporation and to affix thereto the Official Seal of the Corporation. READ a first and second time on this 16th day of June, 2014. READ a third and final time and enacted and passed this 16th day of June, 2014. MAYOR - Tom Laughren Mayor City of Timmins CLERK
r FORM OF TENDER Description of Project: CONTRACTOR REQUIRED FOR THE REPLACEMENT OF THE FRONT ENTRANCE STAIRS AT CITY HALL Legal Name of Bidder: td o c, g 4! 0-,-63 r a '., motor N., e Business Address: 251-1- d A.#2. T. e% s )-,+ 1= 1 r i n j? 4?.. 1 2 k-2. Include street, city, province and postal code) Telephone Number: 7 05) - 3 6e7 J 88e) Fax Number: 7n5) - Email Address: cl horror, e. r orsar"" cc, To: City of Timmins 220 Algonquin Blvd. East Timmins, ON P4N 1B3 Date: 11 p- 1) ' 2'5 12, 4' 14 I/ We, the undersigned Bidder, having carefully examined the RFT documents, hereby offers to furnish all material, labour, services, goods and all incidentals, and to render all services and pay all applicable taxes and all other charges as specified and/or as necessary for performance and completion of the above referred to Project, all in full accordance with Contract Documents provided to the Bidder by the City ( receipt of which is hereby acknowledged) for the Contract Price of the following: ao Total Contract Price $ o In Canadlan/ doliar flgures)-not Including HST Please state Date of Earliest Commencement of Work upon award: 21 201 L/ Please state Contract Duration: 4 w Q 1 S The City reserves the right to consider the least contract duration as compliance in the award of the Contract. 1. Addenda I/ We acknowledge that I/ we have received Addenda numbered 4 to 4:9. inclusive, and the prices quoted include provisions set out in such Addenda. Page 30 of 32
2. Time Open for Acceptance This offer is irrevocable and is to continue open to acceptance by the City for a period of sixty( 60) calendar days after the date and time set for closing ( submission) of Tenders. The City may at any time within the above sixty (60) calendar day period accept this Tender whether or not any other Tender has previously been accepted, upon notice of acceptance in writing to me/ us personally delivered or mailed to me/us by ordinary prepaid mail to the address set forth on the Form of Tender page of this Request for Tenders and any notice so mailed shall be deemed to have been received on the date of mailing thereof and any notice so delivered shall be deemed to have been received on the date the notice is so delivered. 3. Execution If this Tender is accepted by the City, I/ we agree to provide and pay for the required proof of insurance, WSIB clearance certificate and Performance of Contract security in the amount equal to fifty percent (50%) of the amount of the Contract Price, a Labour and Material Payment Bond in the amount of fifty percent (50%) of the Contract Price, and when requested by the City, my/our Health Safety Manual and execute the Construction Contract accordingly. 4. Tender Security and Assurance to Bond Tender Security - A Tender bond, bank draft, certified cheque or irrevocable letter of credit in the amount of 10% of the contract value is attached hereto. In the event of Default or failure on the my/our part to execute the Contract as required above and to provide the necessary performance security, insurance and other required submittals as set out in the RFT, I/ we agree that the City may at its discretion accept the compliant Tender with the second lowest Contract Price, advertise for new RFTs, or carry out the Works in any manner deemed in the best interests of the City. In such a case, I/ we shall pay the City the difference between the Contract Price stated above and any greater sum that the City may be obligated to pay by reason of that Default or failure, including the cost of any advertisement for a new RFT. 5. Occupational Health and Safety I/ We acknowledge and confirm that I/ we and all Sub-Contractors used on the Work for the City will comply with all applicable laws, regulations and by-laws of Canada, the Province of Ontario and the City of Timmins including but not limited to the Occupational Health and Safety Act, and all applicable regulations thereunder. Further, without limiting any of the foregoing, I/ we confirm that I/ we have both a written occupational health and safety policy and program to implement that policy, and that all of our employees, Sub-Contractors and any other persons performing the Work are appropriately trained, licensed and certified, as required to perform the Work. 6. AODA Requirements I/ We, acknowledge and confirm that we are in full compliance with Section 6 of Ontario Regulation 429/07, Accessibility Standards for Customer Service made under the Accessibility for Ontarians with Disabilities Act, 2005. If requested, we are able to provide written proof that all employees have been trained as required under the Regulation. Page 31 of 32
7. No Collusion I/ We hereby declare that no person, firm or corporation other than me/us has any interest in this Tender or in the proposed Contract(s) for which this Tender is made. I/ We further declare that this Tender is made without any connection to, comparison of figures, arrangements with or knowledge of, any other corporation, firm or persons making a Tender for the same Work and is in all respects fair and without fraud or collusion. 8. Conflict of Interest I/ We declare, to the best of my/our knowledge and belief, that no elected or appointed officer or member of committees and or employee of the City of Timmins is, has or will have an interest indirectly or directly as a contracting party, partner, shareholder, surety or otherwise in the performance of the Contract(s), or in the supply, Work or business to which they relate or in any portion of the profits thereof, or in any of the monies to be derived there from. 9. Interpretation I/ We confirm that I/ we have received no oral communication, representation, information, instruction or advice (collectively referred to as" representation") from any officer, employee, agent, or any other person acting on the behalf of or at the direction of the City which in any way amends or modifies the content of this Request for Tenders, any Addenda thereto, or any performance of Services, Works, obligations or responsibilities or the exercise of any rights thereunder or with respect thereto. I/ We specifically release and waive any right and claim I/ we may have to a claim for negligence, misrepresentation, misstatement or otherwise for any oral communication or representation whatsoever. I/ We acknowledge and agree that I/ we have not assumed that any information concerning our operations, business or personnel or any other information required to be provided by me/us when submitting our Tender is known to the City, regardless of whether such information may be actually previously known to the City or not. I/ We further acknowledge and agree that all statements, schedules and other information provided in this Tender are true, complete and accurate in all respects. I/ We confirm that the party executing this Form of Tender is authorized to sign the same. per: C ca. Printed la = - Officer) Origin gnature) PS Qr Position of Signing Officer) Page 32 of 32
intact] INIURANCI Intact Insurance Company Bid Bond Surety Division- Ottawa Suite 300, 1400 St. Laurent Boulevard Standard Construction Document Ottawa, Ontario MK 4H4 CCDC 220-2002 Tel( 813) 748-3000 Fax( 813) 741-9250 Broker: Davidson de Laalante Insurance Brokers Ltd. Bond No. 1017576-14-009 Bond Amount: $ 10% of TenderAmount 1688941 Ontario Inc. o/a Norwin Contracting as Principal, hereinafter called the Principal, and INTACT INSURANCE COMPANY a corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in all Provinces and all Territories of Canada as Surety, hereinafter called the Surety, are held and firmly bound unto The Corporation of the City of Timmins as Obligee, hereinafter called the Obligee, in the amount of Ten Percent of Tender Amount... xx Dollars($ 10%) lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, the Principal has submitted a written bid to the Obligee, dated 25th day of/ rll, In the year 20 for Replacement of the Main Entrance Steps at the Timmins City Hall. 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 likti( Q) 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 legally 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 liable 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 2m day of AO in the year 214,. SIGNED and SEALED in the presence of: 1888941 Ontario Inc. o/a Norwin Contracting Witnes Pri ' 1 Intact Insure C v y. Witness Surety David Bllodeau Attorney In Fact CCDC Copyright 2002 Canadian Construction Documents Committee CCDC 220 2002) has been approved by the Surety Aeeociadon of Canada 9042TT( 05/09)
intact] INSURANCE Agreement to Bond Surety' s Intact Insurance Company Surety Division Ottawa Suite 300, 1400 St. Laurent Boulevard Ottawa, Ontario K1K 4H4 y' s Consent) Phone:( 613) 748-3000 Fax:( 613) 741-9250 Bond No. 1017576-14-009 Broker: Obligee: Project: Davidson de Laplante Insurance Brokers Ltd. The Corporation of the City of Timmins Replacement of the Main Entrance at the Timmins City Hall Contractor( Principal): 1688941 Ontario Inc. o/a Norwin Contracting We, INTACT INSURANCE COMPANY, a Corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in all Provinces and Territories of Canada, as Surety, agree to issue the following Bond( s) for the Principal if the Principal' s tender is accepted by the Obligee within Sixty( 60) days from the closing date of the tender and if the Principal shall have entered into a written contract with the Obligee. 1. Performance Bond for 50% of the tender price. 2. Labour and Material Payment Bond for 50% of the tender price. This Agreement to Bond shall be null and void after Sixty( 60) days from the tender date. Date: April 23, 2014 INTACT INSURANCE COMPANY 11P 414. David Biiodeau Attorney in Fact 9188TT( 05/09)
CITY OF TIMMINS BY-LAW NO. 2014-7538 BEING A BY-LAW to authorize The Corporation of the City of Timmins to enter into an agreement with Norwin Construction, respecting the replacement of the entrance stairs of City Hall, in the City of Timmins. WHEREAS Council of The Corporation of the City of Timmins considers it desirable to enter into such an agreement with Norwin Construction. NOW THEREFORE the Council of The Corporation of the City of Timmins enacts the following as a By-law: 1. THAT The Corporation of the City of Timmins enter into an agreement with Norwin Construction, respecting the replacement of the entrance stairs of City Hall, in the City of Timmins, for the sum of $ 68, 950.00 plus HST, a copy of which agreement is attached hereto and marked as Schedule "A" to this By-law. 2. THAT the Mayor and Clerk be and are hereby authorized to execute the said agreement on behalf of the Corporation and to affix thereto the Official Seal of the Corporation. READ a first and second time on this 16`" day of June, 2014. READ a third and final time and enacted and passed this 16"' day of June, 2014. CERTIFIED TRUE COPY OF BY-LAW NO. 2014-7538 SOD) THOMAS B. LAUGHREN MAYOR CLERK fsgd) S. PALMATEER CLERK