HomeMy WebLinkAbout07 137 Columbaria Cemetery Expansion Tender
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 -137
BEING A BY-LAW TO ACCEPT A TENDER TO CONSTRUCT THREE
COLUMBARIA AND PROCEED WITH PHASE II OF THE KINCARDINE
CEMETERY EXPANSION
(Bomar Landscaping Inc.)
WHEREAS Section 50 of the Cemeteries Act, (revised) R.S.O. 1990, c.C. 4,
authorizes municipal councils to pass by-laws governing maintenance,
management, regulation and control of cemeteries;
AND WHEREAS The Corporation of the Municipality of Kincardine adopted By-
law No. 2004 - 154, establishing the rules and regulations for cemeteries
operated by the Municipality of Kincardine;
AND WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide
that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS as owner of the Kincardine cemetery, the Council for the
Municipality of Kincardine considers it necessary to plan for the future expansion
of the cemetery to provide for the needs of its residents;
AND WHEREAS Phase 2 plans for the expansion of the Kincardine cemetery
include the construction of three columbaria that will provide 144 niche sites as
well as planting and landscape amenities;
AND WHEREAS the Council for the Corporation of the Municipality of Kincardine
deems it expedient to accept the revised tender of Bomar Landscaping Inc. in the
amount of $136,565.00, exclusive of GST, for site preparation, construction of
columba ria and niches, pavement and walls as well as water supply and piantings
for those iands identified for the expansion of the Kincardine Cemetery;
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Phase 2 Columba ria Cemetery Expansion (Bomar) Tender Acceptance By-law
By-iaw No. 2007 - 137
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the revised tender of Bomar Landscaping Inc., as submitted on the
Post Revision - Negotiated Form dated July 4, 2007, for the Kincardine
Cemetery Expansion - Phase 2, including site preparation, the construction
of columba ria and niche structures, pavement and walls, water supply and
plantings, in the amount of $136,365.00, exclusive of GST, be hereby
accepted.
2. That the Mayor and CAO be hereby authorized to sign, on behalf of the
Council for The Corporation of the Municipality of Kincardine any contracts
and other documents required to authorize the project to begin.
3. This by-law shall come into full force and effect upon its final passage.
4. This by-law may be cited as the "Phase 2 Columbaria Cemetery Expansion
(Bomar) Tender Acceptance By-law".
READ a FIRST and SECOND TIME this 1" day of August, 2007
Q.-.1ro<.~
Clerk
READ a THIRD TIME and FINALLY PASSED this 1" day of August, 2007.
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07/05/2007 15:05
519-831;-3054
PAGE 131
BOMAR LANDSCAPING INC
PO BOX 25078 STONE ROAD PO, GUELPH ON N1G 4T4
PH 519-846-8855/FAX 519-846-8856 OR 519-836-3064
Email; bo.mar1and@sympatico_ca
FACSIMILE TRANSMITTAL SHEET
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FROM:
Sean Kelly
Debbie Ellis
COMPANY:
StempskiKelly AssociatEs Inc
DATE:
JULY 5, 2007
FAY-NUMBER:
846-2107
rOTAl NO. O~ PAGES INClUDING COVER;
5
PHONE NUMBER,:
846-2637
SEN01:R'S FAX N1JMB!R:
519-836-3064
Kincardine Cemetery Revision Tender
SI;Nt)l!R 'PHONE NUMseR
519-763-5560
M:
o URGENT 0 FOR REVIEW 0 PLeASE COMMENT 0 Pl.EASE REPLY
o PLEASE ReCYCLE
NO'rES./COMMI>NT.\;
Sean
Please find atlached our Post Tender Revision - Negotiated Fonn as per yOUr meeting this morning
with Dave Marritt.
KMI's prices for the CoIumbaJia are srIQhlly higher due to a smaller quantity in :.: >EO order. Our
revised prices reffect this small increase,
Debbie
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87/85/2087 15:85
519-835-3BE4
PAGE 83
UNIT PRICE SCHEDULE A
SKA - R _ ',';sed 04 Jul 07
Kincardine Cemetery Expansion - Phase 2; Municipality of Kincardine
This is a lump sum contract. The following items are to be used in computing all additions up to 1 S% of the
value of the work: and deductions up to 15% of the work. Modifications to the contract beyond these limits
shall be negotiated on an item by ftem basis. ItfJmized Unit Prices mll$t be completed.
'tem Spec. Description Estimated. Unit Unit. Totar
No. No. Quantity Price Price
1 Site Preparation
Supply all labour, material, and equipment to clear
and remove all plant material. gravel, rocks, 2500- $ 2500-
debris. Refer to Layout Plan L 1-L2 1 L.S. $
2 Pavements & Walle
Supply all items, material, and equipment to install
the following (See Layout Plan L 1-L2 and Details
L7-L8): .
1, Unit Paving 100 sq. m. $100- $ \0.000-
2. 750mm High Retaining Wall $ 300- 24-Coo-
a) Precast Concrete Unit 8.2 UnM. $
b) Precast Concrete Unit Coping 18.2 Lin M. $ Go- $ 91C>
c) Cast in place Concrete 10 LinM. $~OO- $ ~OOO-
3. Precast Concrete Unit Steps and Handrails 1 L.S. $':1:;00- $ 4'500-
(S Risers)
Pavements & Walls Subtotal: $ 2.0.'~1 ()~
3 Columbatia &'Nlehe Structures
Supply all items, material. and equipment to
install Niche Structures (See Details L 10 ~l12:)
including: ,
- all necessary excavation, supply and placement of reinforeing steel and COncrete for footings and
foundations as specified.
- all exterior granite panels, inlemal structure material, fasteners, and hardware.
Important Note: The infonnaUon shown on the drawings denotes typical :sizes, general intMt, and
magnitude of ColumblfJria work. ContraCtor to supply al! items, materials, and ~quipment to ir~~81f all
Co}umbaria Niche Structures. All struotures to h""ve granfte el(terior. Interior structures can be either
ooncfYifte, granite. polymer or aluminum - bidder to specify befow.
Granite Exteriorl o.lu..w..A,~ Interior
Bidder to denote interior stltJcture mtJt$rial (either conorete, granite, polymer, aluminum)
..... Product informetion and warranty to be included wHh iender Submission, Yes ~ No __ _
07/85/2007 16:05
519-835-3064
PAGE 04
Item Spec. Description Estimated Unit Unit Total
No. No. Quantity Price Price
1, Structure A ~ 72 Niches 1 each $Lfo.2~O- $ 'to.2'i0-
2. Structure B - 48 Niches 1 each $2,", '<00- $ 29,I(,pO-
3. Struc,:ture 0 - 24 Niches 1 each $ IS,SSe $ 15.580-
Columbarla Structures Subtotal: $ ~4-,9 80 -
4 Amenity Features
Supply all items, material, and equipment to
install site furnishings listed below (See Layout -
F>>lan L 1-L2) including;
1. Benches $2Sot- $ 2500-
(refer to specifications and Detail D8,Sheet L9) 1 each
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2, Bollard (refer to specifications) 1 each $ 150cr $ 1500-
3. Entrance Sign (See Detail 09, Sheet L9) 1 L.S. $1000 - $ 1000-
All'Iellity Features Subtotal: $ 5000-
5 Water Supply
Supply all items, material, and equipment to
install water line and yard hydrant:
(Sa. Layout Plan L 1-L2)
1. Yard Hydrant (as specified on L1) 1 each $ 300- $ 3=-
2, Water Line (as specified on L 1) 33 lin. M, $50- $ 16So-
Water supply Sub.o.al: $. \ 9 So -
6 Planting
Trees
Acer rubrum $/$00-
(Autume Blaze Maple) 15 each $ 500-
70mm Cal.
Picea gluca 10 each $ 500- $ 5000 -
(White Spruce)
250H.
Quercus rubra 5 ei;lch $ 350- $ 1/-50-
(Re<lOak)
50mm Cat
SKA . R~vi$ed 04 JuJ 07
07/05/2007 15:85
519-835-3854
PAGE 85
ltern Spec, . Description ESb",:::~d Unit Unit Total
No. No. Quanti Price PriCe
Shrubs $30-
Juniperus chinensis 'Mint Julep' 16 each $ '180 -
Mint Julep Juniper
50cm Ht./3 gal
Physoc.:arpus opulifoliu$ 'Diabolo' 28 each $ 30- $ 15'1-0 -
Diabolo Ninebark
8Dem Ht./3 gal
Syringa vulgaris 'Primrose' 23 each $ 30- $ ~qo-
Primrose lilac
100cm Ht.J3 gal
Perennials 1'5 - \"380-
Echinacea purpurea 'Magnus' 92 each $ $
Purple Coneflower .
1 gal
Hemerocallis 'Night Beacon' 104 each $ 1'5 - $ 15iOO -
Night Beacon O13ylify
1931
Miscsl'1thl,ls sinensis 'Huron Sunrise' 12 each $ 15- $ \~O-
Huron Maiden Grass
1 gal
Pennisetum alopecuroides 56 each $ 15- $ '670-
Hardy ~ountain Grass
1 gal
Wildflower Seed - As Specified 615 sq. m. $ 1- $ ?;1S-
Planting Subtotal: $ Z-l 0 b5 -
SKA - P",v;sed 04 Jul or
07/05/2007 1&:05
519-835-30E.4
PAGE 82
~O./ ~C~ W.c.,
POST TENDER REVISION .. NEGOTIATED FORM
4..JuJ~07
Landscape Works
Kincardine Cemetery Expansion - Phase 2: Municipality of Kincardine
Phase 2
Il~:l DescriptIon I Unit I Total Cost I
1 Site Preparation LSum $ 2.?CC-
2 Pavement & Walls l,Sum $ 2o,~"'1C)-
3 Columbarla & Niche S1ructures L,Sum $ 3'i;'1&>-
4 Amenity Features LSum L.2POO-
5 Water Supply L.Sum $ l.9'3D.-
6 Planting L$um $ 21,065 -
Sllb~total $ \3(",3105-
6% GSi $ 't,W;I,qC
TOTAL SUM $ 11.t'-l,-5Ltb.9O
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Contract Form
Kincardine Cemetery Expansion - Phase 2
Kincardine, Ontario
August 2007
Prepared for:
Kincardine Cemetery
Municipality of Kincardine
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page CF . 1
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT made in duplicate on the...... m 7~ ..... ..day of... mAugusL
in the yearlWO THOUSAND andm.....SEVEN...mmm
by and between ... m.........m...mCORPORATION OF THE
MUNICIPALITY OF KlNCARDlNEmm...............
herein (and in General Conditions) called the "Owner",
and
m............mmmm.....BOMAR LANDSCAPING INC. mm.........mmmm...mmm...
herein (and in the General Conditions) called the "ConIracIor",
WITNESSETH:
Thai the Owner and the Contractor
undertake and agree as follows:
ARTICLE 1
The ConIracIor shall:
1. provide all the m_ and perform all the work shown on the Drawings and
describe in the Specifications tilled
m...""..,KlNCARDINE CEMETERY EXPANSION - PHASE 2.....,......
which have been signed in duplicale by both parties, and
which were """"""" Qy......mmm ...............mm...mmmm.............
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mmmm,STEMPSKI KELLY ASSOCIATES INC. m..'.........m......mm
acting as, and herein (and in the General Conditions) tilled, the "Consultant", and
2. do and fulfill everything indicated by this Agreement, and
3. oompIeIe substantially as certified by the Consullanl. all work specified herein by
..m....m..mmFriday, October 19"', 2007...............
PageCF .2
ARTICLE 2
The General Conditiorl$, the Special Provisions, and Specifications and Drawings, the
Infonnation 10 Tenderers, and Tender and Addenda to this Agreement, are all to be read
into and form pari of this agreement and the whole shall constitute the Contract between
the parties and it shall ensure to the benelit of and be finding upon them and their
S11COeSSOrs, executors, adlnillislralors and, subjecllo Section 42 of the General
Conditions, their assigns.
In the event thai any of the Contract documents are inconsistent of in c;onIIicI, then such
documents shaH take precedence and govern in the following order:
1. This Agreement
2. Addenda, if any
3. Information 10 Tenderers
4. Special Provisions
5. General Conditions
6. SpeciIicaIions
7. Drawings (IisIed in the List of Drawings)
8. Tender
ARTICLE 3
1. The Owner shall pay 10 the ConIracIor in lawful money of Canada for the
performance of the Contract, the sum ofmOne Hundred and Thirty Six
Thousand, n.r. Hundred and Sixty Five DoIiaIS ...($ 138, 385 exclusive of
001) subject to such additions and deduc:Iions as may properly be made under
the terms of this Contract.
2. If the Owner ordeJs, in WfIIing, the performance of any work not covered by the
Drawings or included in the Specificalions thai cannot be classified as coming
under any of the Contract units and for which no unit price, lump sum, or other
~ cen be agreed upon, then such exIra work shall be performed on a Cost
Plus Pen:enIage basis as provided for in _ 5, hereof.
ARTIClE 4
1, The Owner shall:
a) pay on account and within the lime stipulated in Section 27 of the General
Conditions and subject 10 the provisions of Section 19 of the Information for
Tenderers, an amount equal to the value of the work ~ at cost less
then percent (10%) -. up 10 and including the last day of the month
pn;K:eding. as _ by the ConIracIor and approved by the Owner, less
the AggI.. of !he pervious payments; and
b) On~' Performance of the entire work, and one day alter all lien right
have expired in acconlance with the Builder's Lien Act, and all amendments
hereto, pay the balance owning under !he ConIract for all work comp/eIlld 10
!he date of SubSIioIdiloI Performance subject to the condition of Section 19,
Page CF - 3
Infonnation 10 Tenderers, less the amount equal 10 the sum of the value off
the incomplele work and the amount retained by the Owner for maintenance
security. .
c) Release of Holdbacks and Maintenance Period
In accordance with the Builder's Uen Act, reduction of holdback from ten (10)
percent 10 two and or&half (2 %) percent may be made aI a time when all
liens thai may be claimed against the holdback have expired. This time
period is normally aI the conclusion of the forty five (45) day period following
the published declaration of substantial performance of the Contract of the
dale the Contract is completed or abandoned, which ever occurs soonest
(Written Preliminary AcoepIance).
The remaining balance of the Contract monies due 10 the Contractor shall be
paid on certificate of the Owner aI the expiration of the period of guarantee
(Written Preliminary AcoepIance).
The Contractor shall maintain in the works and every pari thereof in perfect
order and in """,pIete repair during the space of twelve (12) months from the
date of the Contract compIeIion (Written Preliminary AcoepIance). The
Contract is deemed oompIeIe when the -..cling work (and/or correction
of Ia-. defeCIs) cen be ~ for one percent of the Contract price or
$1000, ~ is less. The conlIliICIor wtII maIre good in a permanent
manner satisfactory 10 the Owner any and all damage or if1iury 10 the works
both dLIIinQ their consIrUcIion and during the period of maintenance as
afofesaid and, should the ConIracIorfrom any clause fail to do so when
ordered, then the Owner aI his opinion, after giving the Conlactor twenty four
(24) hOur's notice, may do so and the whole costs. charges and expenses so
incumod may be -..cted or coIIecIed by the Owner. The -. of the
Owner is 10 be final as the necessity of repair of any work done or requited 10
be done under the pnMsions of this or any other ciao.... in the Contract and
for the amounts expanded iIlenlunder.
The following doCumentation is 10 be submiIIed by the Collll_ prior 10 the
isSUance of !he compIeIion certificate for holdback reduction:
a) SIaIuIory Declaration Form;
b) Worker's Compensation C$1iIicat8;
c) Fair Wage Affidavit;
d) Copy of CerlilicaIlII published in Trade ~ (as requested
in the Builder's Lien Act).
2. -.mnding!he provisions contained in clause 1(a) ~ If on account of
climatic or other conditions reasonably beyond the Contractor's control, there are
items of work that C8f/.101 readily be completed, the payment in full for the work
which has been completed. shall not be delayed on account thereof; but the
OWner may ~ a suIIicienI and reasonable sum, as determined by the
PageCF.4
Consullant unlilthe uncompleted work is finished and such sum as will
adequately prolecl the Owner against liens.
ARTICLE 5
Extra work performed pursuant to clause 2 of Article 3 for which no unit price, lump sum
or other basis is agreed upon shall be performed on a Cost Plus Percentage basis of
payment as set out below:
1. The cost of the work shall consist of:
a) Direct wages and salaries of workmen, equipment operators, foreman,
superintendents, clerks and such other personnel, as may be specifically
approved by the Owner, emp~ directly on the extra work aI the slIe,
plus fifteen percent (15%) of the wages and salaries as compensalion for
all benefits and assessments provided 10 or required in connection with
the personnel employed;
b) Applicable living and traveling allowances provided 10 the personnel
referred 10 above;
c) Cost of malerials installed in or used in conneclion with the work
(excepting materials paid for under other provisions or supplied by the
Owner) and applicable sales taxes;
d) Rentals of construcIion plant and equipment employed on the work are in
accordance with rentat agreements approved by the Owner for items not
covered by such schedule (rentat rates shaH not include operator), and
lransporlalion 10 and from the _, assembling and dismantling as
required, provided the said equipment must be brought 10 the site
specifically for exIra work;
e) Payments 10 ~ _ as set out herein or by agreed 10
unit or lump sum prices.
2. The fee applicable to items listed in clause 1 shall be based in:
15 percent of item (a), and
5 percent of items (b), (c), (d), and (el;
and shall be lilII compensaIiOn for all other costs, overhead and profrt.
3. The Contractor shall keep daily records of time and materials expended on extra
work which shall be checked and cor.~hred by the Owner aI the time the work is
performed Records shall be supported by invoices, payroll records and other
data necessary 10 substantiate the amounts for payment.
All accounIs for exIra work shall be subject 10 the ~a1 of the Consultant as
applicable 10 the exIra work.
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Page CF - 5
ARTICLE 6
In the event that all work called for under the contract is not completed by the dale of
completion set out above (or as extended in accordance with the Contract), damage will
be sustained by the Owner and it will be impracticable and extremely difficutt to asceriain
and determine the actual damage which the Owner will sustain in such event and
accordingly, the parties hereto further agree that the Contractor will pay to the Owner the
sum of Three Hundred and Fifty Dollars ($350.00) per day as liquidated damages for
each and every calendar day delay in completing the work beyond such dale, the said
sum being a genuine estimate of the actual damage which the Owner will sustain in such
event.
ARTICLE 7
Time shall be deemed to be of essence in this Contract.
ARTICLE 8
All communications in writing between the parties or between them and the Consullant
shall be deemed to have been received by the addressee if delivered to the individual or
10 a member of the firm or 10 an officer of the Corporation for whom they are intended or
if sent by post addressed as follows:
The Owner at:
Mr. Jim O'Rourke
Municipality of Kincardine
1475 Concession 5, RR6l5
Kincardine, Ontario
N2Z 2X6
Tel. (519) 396 3468
The Contractor aI:
Bomar Landscaping Inc.
OIIice: EIora, Ontario
MaiHngAddress:
PO 25078, Stone Rd
Guelph. Ontario
N1G4T4
Tel. (519) 846 8855
The ConsutIant at:
Stempski KeUy Associates Inc.
Box 1325, 335 Geddes Street
EIora, Ontario
NOB 150
Tel (519) 846 2637
Fax. (519) 846 2107
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Page CF - 6
IN WITNESS WHEREOF the parties hereto executed the Agreement the day and year
first above wrilten, and have hereunto affixed their COIJlOrate sealS as aIIesIed by their
proper signing officers in thai behaW.
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(Contractor.
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SIGNED, SEALED, AND DELIVERED
Nt~.....
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(seal),.. :""
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THE GUARANTEE COMPANY
OF NORTH AMERICi'ERFORMANCE BOND
954 Dundas Street East, P.O. Box 668
Woodstock, Ontario
N4S 729
Telephone (519) 539-9868
Bond Amonn', ii'~4~,W5524
Bomar Landscaping Inc. as Principal, hereinafter called the Principal, and THE GUARANrEE COMPANY OF
NORTH Al\fERICA a corporation created and. existing WIder the laws of Canada and duly authorized to transact the
business of Suretyship in Canada as Surety, hereinafter called the Surety, are held and firmly bound unto Municipality
of Kincardine as Obligee, hereinafter called the Obligee, in the amount of One hundred forty-four thousand five
hundred and forty-six. . . . . . . . . . . 90/100 Dollars ($144,546.90) 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 entered into a written contract with the Obligee, dated the 7th day of August, 2007, for
Kincardine Cemetery Expansion w Phase 2
hereinafter referred to as the Contract.
The condition of this obligation is such that if the Principal shall promptly and faithfully penonn the Contract then this
obligation shall be null and void; otheIWise it shall remain in full force and effect.
Whenever the Principal shall be, and declared by the Obligee to be, in default WIder the Contract, the Obligee having
performed the Obligee's obligations therewJ.der, the Surety shall promptly;
(1) remedy the default, or;
(2) complete the Contract in accordance with its tenus and conditions or;
(3) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its tenns and
conditions and upon determination by the Obligee and the Surety of the lowest responsible bidder, arrange for a
contract between such bidder and the Obligee and make available as work progresses (even though there should be
a default, or a succession of defaults, under the contract or contracts of completion, arranged under this paragraph)
sufficient funds to pay to complete the Principal's obligations in accordance with the terms and conditions of the
Contract and to pay those expenses im:urred by the Obligee as a result of the Principal's default relating directly to
the performance of the work under the Contract, less the balance of the Contract price; but not exceeding the Bond
Amount. The balance of the Contract price is the total affiooot payable by the Obligee to the Principal under the
Contract, less the amount properly paid by the Obligee to the Principal, or;
(4) pay the Obligee the les..'ler of (1) the Bond Amount or (2) the Obligee's proposed cost of completion, less the
balance of Contract price.
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It is a condition of this bond that any suit or action must be commenced before the expiration of two (2) years from the
earlier of (1) the date of Substantial perfonnance of the Contract as defined in the lien legislation where the work under
the Contract is taking place, or if no such definition exists, the date when the work is ready for use or is being used for
the purpose intended, or (2) the date on which the Principal is declared in default by the Obligee.
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The Surety shall not be liable for a greater sum than the Bond Amount.
SIGNED and SEALED
in the presence of
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No right of action shall accrue on this Bond, to or for the we 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 10th day of
August, in the year of2007.
])e iJJ(~ &1<.:.
Witness as to Principal
_,_: v",,~_
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_______.J
'iY
Endorsed by - CeDe 221
(Jan. 2003 - Pelfonnallce l&M Payment CCA _ Standard)
CCDe 221 - 2002 has been approved by nle Surety Association of Canada
THE GUARANTEE COMPANY
OF NORTH AMERICA
LABOUR AND MATERIAL PAYMENT BOND
(Trustee Form)
954 Dundas Street Easl, p.o. Box 668
Woodstock, Ontario
N4S 729
Telephone (519) 539-9868
Fax (519) 539-5524
No: WS7067791
Bond Amount: $]44,546.90
Bomar Landscaping Inc. as Principal, hereinafter called the Principal. and THE GUARANTEE COMPANY OF
NORTH AMERICA a corporation created and existing under the laws of Canada and duly authorized to transact the
business of Suretyship in Canada as Surety, hereinafter called the Surety, are held and firmly bound unto Muni.cipaUty
of Kincardine as Obligee, hereinafter called the Obligee, in the amount of One hundred forty~four thousand five
hundred and fortyRsix ......................Dollars ($144,546.90) lawful money of Canada, for the payment of which
swn the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally.
WHEREAS, the Principal has entered into a written contract Vlith the Obligee, dated the 7th day of August, in the year
2007, for
Kincardine CemeterJ Expansion - Phase 2
in accordance 'vith the Contract Documents submitted, and which are by reference made part hereof and are
hereinafter referred to as the Contract.
The condition of this obligation is such that, if the Principal shall make payment to all Claimants for all labour and
material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and
void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:
L A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour,
material, or both, used or reasonably required for W3e in the performance of the Contract, labour and material being
..,.....::onstrued to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment
'v .. . dfitot1:y applicable to the Contract provided that a person, flnn or corporation who rents equipment to the Principal
.,'" io'""OO:used in the performance of the Contract lUtder a contract \\hich provides that all or anyparl of the rent is to be
~...:;: ._, app1'k:d ~rds the purchase price thereof, shall only be a Claimant to the extent the prevailing industrial rental
~- ~lue g~uch equipment for the period during which the equipment was used in the perfonnance of the Contract.
:" ~The ~vailing industrial rental value of equipment shall be detennined. insofar as it is practical to dq so, by the
.1're~~ rates in the equipment marketplace in which the work is taking place.
. .2... + T-he'.?ri~cipal and the Surety, hereby jointly and severally agree with the Obligee, as Trustee, that every Claimant
"_ _ .who.haS not been paid as provided for lUlder the tenus of his contract with the Principa:l, before the expiration of a
f}eTIod of ninety (90) days after the date on which the last of such Claimant's work or labour was done or performed
or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this
Bond. prosecute the suit to final judgment for such sum or sums as may I;)y justly due to such Claimant under the
terms of his contract with the Principal and have execution thereon.' Provided that the Obligee is not obliged to do
or take any act, action or proceeding against the Surety on behalf of the Claimants, or any of them, to enforce the
provisions of this Bond. If any act, action or proceeding is taken either in the name of the Obligee or by joining the
Obligee as a party to such proceeding, then such act, action or proceeding, shall be taken on the understanding and
basis that the Claimants or any of them who take such act, action or proceeding shall indemnifY and save bannless
the Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting
to the Obligee by reason thereo( Provided still further that, subject to the foregoing !elms and conditions, the
Claimants, or any of them, may use the name of the Obligee to sue on and enforce the provisions of this Bond.
3. It is a condition precedent to the liability of the Surety under this Bond that such Claimant shall have given
written notice as hereinafter set forlh to each of the Principal, the Surety and the Obligee, stating with substantial
accuracy the amount claimed, and that such Claimant shall have brought suit or action in accordance with this
Bond, as set out in sub-clauses 3 (b) and 3 (e) below, Accordingly, no suit or action shall be con:unenced
hereunder by any Claimant:
a) unless such notice shall be served by mailing the same by registered mail to the Principal, the Surety and the
Obligee, at any place where an office is regularly maintained for the transaction of business by such persons
or served in any manner in which legal process may be served in the Province or Territory in which the
subject matter of the Contract is located. Such notice shall be given.
i.) in respect of any claim for the amount or any portion thereof, required to be held back from the
Claimant by the Principal, under either the tenns of the Claimant's contract with the Principal, or under the
lien Legislation applicable to the Claimant's contract with the Principal, whichever is the greater, within
one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimant's
contract with the Principal;
EndOl'8ed by ceDe 22\
{Jan.2003 Pe1fol1l1ance L&M Pa)'lIll::nl CCA - Standald}
ceDe 22\ - 2002 has bOOl1 approved by TIle Surety Association of Canada
--- -."
,.-..
ii.) in respect of any claim other than tor tIle holdback, or portion thereof, referred to above, within one
hundred and twenty (20) days after the date upon which such Claimant did, or performe<4 the last of the
work or labour or furnished the last of the materials for which such claim is made \.U1der the Claimant's
contract with the Principal;
b) after the expiration of one (I) year following the date on which the Principal ceased work on the Contract,
including work performed under the guarantees provided in the Contract;
c) other than in a Court of competent jurisdiction in the Province or Territory in which the work described in the
Contract is to be installed or delivered as the case may be and not elsewhere, and the parties hereto agree to
submit to the jurisdiction of such Court
4. The Surety agrees not to take advantage of Article 2365 of the Civil Code of the Province of Quebec in the event
that, by an act or an omission of a Claimant, the Surety can no longer be subrogated in the rights, hypothec and
privileges of said Claimant.
5. Any material change in the contract between the Principal and the Obligee shall not prejuuice the rights or interest
of any Claimant under this Bond. who is not instrumental in bringing about or has not caused such change.
6. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and
in accordance with the provisions hereot: inclusive of the payment by the Surety of claims made under the
applicable lien legislation or legislation relating to legal hypothecs, whether or not such claim is presented under
and against this Bond.
7. The Surety shall not be liable for a greater sum than the Bond Amount.
IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this bond dated the lOtb day of
August. in the year 2007.
,
,
~ ?..e..Lu
Witness as to Principal
,
I
I
,
"-'~ .-
"""".
SIGNED and SEALED
in the presence of
Bomar L~n CftpingJpCi:
_.
,~.:.
EE COMPANY OF NORTH AMERICA
:jy
Endorsed by.- CCDC 221
(Jail. 2003 _ PerformallCc L&M Paymoot CCA - Standard)
ceDe 221 _ 2002 has been <lppl"Oved by The SuAA}' Association of Canada
CERTIFICATE OF INSURANCE
This is to certify to: Municipality of Kincard ine
1475 Concession 5, RR # 5
Kincardine ON N2Z 2X6
that policies of Insurance as herein described have been
issued to the Insured named below and are in force at this
date.
Name oflnsured: Bomar Landscaping Inc.
Address of Insured: P. O. Box 25078, Stone Road PO, Guelph, Ontario N1G 4T4
Economical Mutual Insurance Company
Insurer:
location and Operations 10 ALL OPERATIONS USUAL TO THE BUSINESS OF THE NAMED INSURED
which this Certificate applies: RE: Kincardine Cemetery Expansion - Phase 2
KIND OF POLICY POLICY NO. EXPIRY DATE LIMITS OF LIABILITY
(DDIMMIYYYY)
COMMERCiAl GENERAL LIABILITY 4828241 22/03/2008 1,000,000.00 INCLUSIVE LIMIT
(except auromobile) (BODILY INJURY AND
PROPERTY DAMAGE
Products and/or Completed COMBINED)
Operations:
INCLUDED 1,000,000.00 AGGREGATE
UMBRELLA LIABILITY 4828241 22/03/2008 4,000,000.00 LIMIT IN EXCESS OF PRIMARY
NOTE: Municipality of Kincardine is added as additional insured, solely with respect to liability arising out of the
named insured's operations. products or completed operations hazard subject to policy terms and conditions.
The Insurance afforded is subject to the terms, conditions and exclusions of the applicable policy. This certificate is issued as a matter
of information only and confers no rights on the holder and imposes no liability on the Insurer. The Insurer will endeavour to mail to
the holder of this certificate Thirty (30) days writlen notice of any material change in or cancellation of these policies, but
assumes no responsibility for failure to do so.
Jones DesLa ('ers Carter Insurance Group Inc.
Date: August 10, 2007
per
fjy
15108264678 WSIB 18882660711
. w..........;Y.
I~"". 100 STONE ROAD WBST, 2/F,
CollllJli5Slnndela~ GUELPH ONTARIO
~~u~ N~G 5L3 (519) 826-4650
07:48:30 a.m.
07-16-2007
1n
Clearance Certificate
Cert/fleat de deeharge
CONTRACTOR
L'HNTRBPRBNBUR
The Workplace Safety and Inaurance Board fWSIBj
hereby waives ita righte under Section 141 of the
Workplace Safety and Insurance Act to hold the
Principal, that is in e contractual agreement with
the Contractor named, liable for any Seotion 141
liabllity of the Cont",ctor for premiums snd levjes
of the WSIB owing now or within 60 days from the
dete ofthisCertifioate
BOMAR LANDSCilPING INC
ATTN: MS. DEBBIE ELLIS
STONE ROAD FO
BOX 25078
GUELPH ON
NIG 4T4
Par la presente, la Commission de la s6curlte
professionnelle et "assuranoe oontre le$ accidents
du travaillCSPAATI renonce aux droit; qui lui sont
conferas en vartu de I'article 141 de la Lol sur la
securiteprofessionnells et I'assurance oontre 188
accidents du travail at qui "Qutorisent a tanir
j'entrepreneur prinCipal, qui 8 slgne une entente
contractuelle aveo I'entrepreneur dont Ie nom
figuresur Ie present certlftcat, reBponssble du
paiament de tout prime ou de touta somma qUill
I'entrepreneur Illst tenu de verser II Ie CSPAAT
imm6diatement ou dene les 60 jours sulvent Ie. date
indiqu6e sur ce certlficat.
THIS CERTIFICATB IS VALID FOR ALL CONTRACTS OF
THE NAMED CONTRACTOR DURING THE EFFECTIVB PERIOD
LE PRESENT CBRTIFlCAT BST VALIDE FOUR TOUS LES CONTRATS PASSES PAR
LBDIT ENTREPRENEUR PENDANT LA PERIODE D 'APPLICATION DU CIlRTIFICAT
V~I;d,g!!!r. WhM lillnod by "" ellthllril:~d OHtc. of the WSIB.
Nfl" ~_!/I~d'un."tIltUtDIIl6dela CSPAAT.
Rite/ T$n(
t::leRription
RltD/T~K
DDkriptlon
AODOuIItNo./N"tMlJDfII!)to
FIrm No./ N"d'lfI11tmpr1n
9867848
700347
219000 LANDS
ING INTBRL
Conti'''''! o.erlptiOll J lkJlIWpt/tm du ImfIrrm
CllrtlflolWlJlJo./N"de oertffft;s/
NO OWNER PERSONAL COVERAGE
202869186
ContaotthIWSlBlfyouqultltlonthe...lIlIdItyo1Utledoc"""nt.
V.~Cf1mmrmIqrmr.W4"C;SPAATIIf""lI.sdt.1utRdtI/IJ !llI!idftt!dlIJH*MI~t.
0190C f011991