HomeMy WebLinkAbout09 065 HEC Building Roof Replacement Tender Acceptance By-Law
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THE MUNICIPALITY OF KINCARDINE
This AGREEMENT made in triplicate this 7'h day of May, 2009
BETWEEN D. J. Peat Roofing and Sheet Metal Ltd., P.O. Box 11, Owen Sound, Ontario,
N4K 5P1
hereinafter called the "Contractor"
THE PARTY OF THE FIRST PART
AND
The Municipality of Kincardine
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 Public
Works Manager, 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 therefore, 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.
DESCRIPTION
Repair "Old Westario Building Roof - 385 Queen Street, Kincardine for a quotation amount
of $73,876.00 (exclusive of taxes).
IN CONSIDERATION WHEREOF, said party of the second part agrees to pay to the Contractor
for all work done, and the unit prices on the Tender.
This agreement shall ensure to the benefit of and the binding upon the heirs, executors,
administrators and assigns of the parties hereto.
IN WITNESS WHEREOF, the Contractor and the Municipality have hereunto signed their names
and set their seals on the day first above written.
,Il~~
jJ,.eSlrJ~
Signature of Corporation
Witnesses and Position Held
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Signature of Contractor or Seal of the
Contractor
'~/I (i\..t.l.a/"!..cG (hk:X~fRoo.Qn
Witness
The Corporation of the
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Witness
D.J. Peat
Roofing & Sheet Metal Ltd.
PO BOX 11 , OWEN SOUND
ONTARIO N4K 5P1
TELEPHONE (519) 371-3888
FAX (519) 371-4694
I Agenda Councll 0 File No.
._--..~_... Consent 0
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May 14, 2009
CAO
ClerK
. The Municipality of Kincardine
Municipal Administration Centre
1475 Concession 5
R.R.#5
Kincardine, Ontario
N2Z 2X6
Treasury
Public Worl,'S
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Attention:
Reference:
Jean Roppel
385 Queen St., Kincardine
Old Westario Building Roof
Planning/Building 0
Recreation 0
Eme.rgency Services 0
Pollee Services 0
Tourlsm/Ec. Dev. 0
Other. 0
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o REtENEo MAY 2 1 2009
Scanner.
Please find enclosed copy of insurance certificate, WSIB Certificate of Clearance, and
signed Occupational Health and Safety Compliance Form.
Please also find enclosed three copies of the Contract Agreement, signed and sealed.
/
We are also sending you a copy of our Company Health and Safety Policy.
Please do not hesitate to call should you have any further requirements.
We look forward to working on this project.
Sincerely,
~U
Wendy Ross
Administrative Assistant
Members O.I.R.C.A.
Members C.R.C.A.
LMS PROLINK Ltd.
480 University Avenue. Suite 800
Toronto, Ontario M5G 1 V2
Toll Free 800 NO DOUBT
Tel 416 S!)5 7484
Fax 4:16595 :1.649
Evidence of Insurance
This Evidence of Insurance is issued as evidence that insurance coverage is in effect on the date
indicated herein. The policy limitations, exclusions, terms, conditions and insuring agreements shall
apply in all cases.
Named Insured: OJ Peat Roofing & Sheet Metal LId
Mailing Address: PO Box 11, Owen Sound, Ont, N4K 5P1
Insurer: Lloyd's of London (OIRCA Liability Programme)
Policy/Binder: CG001300C
Term: Feb 20/09 to Feb 20/10
Policy Limits: Coverage Form - Occurrence Form
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- $5,000,000 Commercial General Liability
Interested Party: Municipality of Kincardine, Admin Building, 1575 Concession 5, RR#5, Kincardine,
Ont, N2Z 2R4
Job Location: Municipality of Kincardine, 385 Queen Street, Kincardine, Ont, N2Z 2M
".;
(only with respect to the operations of insured)
(:1
i' Date: May 14/09
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//
".,/
Daryl Becker,
Registered Insurance Broker
www.lms.ca
Your LINK to Insurance & Financial Planning Expertise across Canada
D. J. PEAT ROOFING &
SHEET METAL LTD.
HEALTH AND SAFETY
POLICY
PAGE 1
O.J. PEAT ROOFING & SHEET METAL L TO. HEALTH ANO SAFETY POLICY STATEMENT
It is the policy of D.J. Peat Roofing & Sheet Metal Ltd. to provide a healthy and safe place of
employment for all employees and to abide by all regulations as they pertain to the roofing
industry. To accomplish our objectives, accident prevention must be of primary concern to
each employee, and individual cooperation and assistance are required to prevent injury to
personnel and damage to equipment, property and materials. By eliminating accidents, we will
increase our productivity and make D.J. Peat Roofing & Sheet Metal Ltd. more competitive.
This, in turn, will provide better job security, as well as a safer work environment. A positive
attitude towards health and safety performance will be rewarded. These regulations are for
your protection and the protection of your co-workers. We want you to be safe, your family to
know you are safe and D.J. Peat Roofing & Sheet Metal Ltd. to know you are safe.
O.J. PEAT ROOFING & SHEET METAL L TO. COMMITMENT
Compliance with this policy will be regularly audited at all employee levels and violations will be
recorded and filed with employee records and in the Master Company Policy Binder. Repeated
willful violations of this policy by any employee at any level will be considered cause for
dismissal.
The Management of D.J. Peat Roofing & Sheet Metal Ltd. is committed to this policy and will
enforce it equitably among all employees. If any employee feels that this policy is being willfully
violated or improperly applied, or finds any situation in a work area that endanger Employees,
he or she should bring it to the attention of his or her Foreman, immediately.
Foremen are by law accountable to protect the health and safety of Employees under their
supervision. They are responsible to ensure that machinery and equipment is safe and that
Employees perform in compliance with established safe work practices and procedures.
As an employee of D.J. Peat Roofing & Sheet Metal Ltd., you must accept specific obligations
and responsibilities regarding our Health and Safety Policy. Also, it is your responsibility to
follow the rules and regulations of the Occupational Health and Safety Act. Failure to comply
with these and future regulations will result in disciplinary action and is grounds for dismissal.
It is in the best interest of all parties to consider health and safety at all times. Our total
commitment to health and safety must form an integral part of our daily lives. D.J. Peat Roofing
& Sheet Metal Ltd.'s target is to reduce injuries, illnesses and fatalities in the industry by
working safely to achieve no lost time injuries, no injuries requiring medical intervention, as well
as no fatalities.
/l ~ A-d~
DAVID PEAT, PRESIDENT
February 1, 2009
PLEASE NOTE CURRENT EDITIONS OF THE OHSA AND CONSTRUCTION
REGULATIONS AND THE WSIB FIRST AID REGULATIONS 1101 ARE AVAILABLE IN ALL
TRUCKS AND THE WORKPLACE.
PAGE 2
ROLES & RESPONSIBILITIES
MANAGEMENT WILL
- provide the means to accomplish the policy as stated
- enforce this policy and will discipline any Employee disregarding it
- conduct safety inspections/audits, both scheduled and unscheduled, and file reports
- investigate or cause to have investigated, all accidents and incidents for which this policy
requires investigation and prepare reports on each
- provide accident prevention programs, ie., WHMIS and first aid training courses
- establish a safety training program for all Employees and will check, by means of regular
audits, that this program is being carried out
- ensure transportation to Doctor's Office, Hospital or home should an injury occur
- offer early and safe return to work to all Employees when an injury has occurred
- conduct monthly safety meetings, including reviews of all incident/accident reports
- implement any suggested improvements regarding workplace health and safety, and tool and
equipment inspections
- annually, review HEALTH AND SAFETY POLICY AND ROUTINE PROCEDURES AND
RESPONSIBILITIES
- conduct new Employee orientation, two week follow up and four month review
- ensure re-certification of first aiders is maintained
- ensure Propane Certification is made available
- ensure certification of Transportation of Dangerous Goods is maintained.
- ensure certification of Fall Protection Training of every employee
- make every effort to ensure every Employee is competent in work and safety activities
- ensure certification of WHMIS
- provide training which includes the requirements of the Ontario Health and Safety Act
Construction Regulations, when:
-new Employee begins work
-Employee begins new duties
-new equipment purchased for use
-poor performance shown
-specific requirements for use of equipment, vehicles and/or job.
-specific accident problems
-housekeeping
-Employee competency
FOREMEN WILL
- be completely responsible for on site safety and site specific hazard identification and will see
that the entire Health and Safety Policy is carried out by Employees under his
supervision
- ensure that First Aid kits shall be on the site at all times, along with a list of emergency
telephone numbers, and all Employees shall be advised of their location and their
responsibility in case of emergency.
- ensure that Employees use and wear the equipment, protective devices or clothing that the
employers require to be used or worn
- ensure that Employees work in the manner and with the protective devices, measures and
procedures prescribed by the Act and Regulations
PAGE 3
FOREMEN WILL (continued)
- review all accidents and incidents with Management and ensure that reports are filed and
corrective action is taken
- ensure that all injuries are promptly and properly cared for, that all injuries are reported and
that reports are filed with Management
- implement discipline procedures on site when required
- advise a Employee of the existence of any potential or actual danger to the health or safety of
the Employee of which the supervisor is aware
- conduct Tool Box Talks and where necessary, OnSite Subcontractor/Contractor Safety
Meetings
- ensure any hazard shall be reported to all Employees on the jobsite or workplace where
hazard is found, work will be stopped (depending on the hazard) until it is remedied.
Results from any investigations shall be communicated at the next safety meeting or
prior at a Tool Box Talk if necessary.
EMPLOYEES WILL
- work according to good practices, as outlined in this policy or as posted, instructed or
discussed
- work in compliance with the provisions of the Act and the Regulations
- use or wear equipment, protective devices or clothing that is required to be worn or used
- report to their Foreman or Lead Hand any problem with equipment
- refrain from unsafe acts which might endanger themselves or fellow Employees
- use all safety devices provided for their protection
- report any unsafe situation, act, occurrence, tool or equipment to their Foreman
- report to his employer or supervisor the absence of or defect in any equipment or protective
device of which the Employee is aware and which may endanger himself, herself or
another Employee and report to his or her employer or supervisor any contravention of
this Act or the regulations or the existence of any hazard of which he or she knows.
- report to their supervisor any hazard or potential hazard or any defect in equipment or
protective device which may endanger himself, or another person. This verbal report
shall be followed up by a written report on the time sheet or on an incident report.
SAFE RULES AND PRACTICES TO BE FOLLOWED BY ALL EMPLOYEES
- ensure all work areas, including vehicles, are kept clear of debris or other hazards. Poor
housekeeping will not be tolerated
- all tools and equipment shall be maintained in good condition and shall be inspected as often
as required, but at least daily when in regular use. When a piece is found to be
defective or unsafe it will be taken out of service and tagged, a replacement will be
given until a repair is made.
- tools and materials not in use, must be properly stored, this applies to the jobsite, truck cabs
and boxes, your change rooms and lock up cribs
- all material shall be neatly piled or stacked in such a manner that they will not roll, topple or
interfere with normal travel areas.
- never leave tools or materials at a location where they can be knocked off the roof, or off the
back of a truck or trailer.
- be in a safe, sensible frame of mind all day, every day. This means no person shall be in
possession of or under the influence of any alcoholic drink or drugs, horseplay will not
be tolerated, control your temper
- understand your assignment before you start
PAGE 4
WORKPLACE INSPECTIONS
In order to meet legal obligations of the green book and to take every precaution reasonable for
the protection of Employees, workplace jobsite inspections shall be carried out on a
weekly basis and performed by the foreman or other competent person, a checklist will
be completed and handed in to the Superintendent.
Any immediately hazardous condition identified during the inspection shall be corrected.
FALL PROTECTION
Employees engaged in materials handling at the roof edge shall be protected by guardrails or
by means of a travel restraint or fall arrest system.
Safety barriers are to be inspected each time they are erected at a job site. Any faulty
equipment to be reported to office and removed from site immediately.
Warning lines shall be erected on all flat roofs in such a manner that they will warn Employees
or others that they are approaching the roof perimeter. The warning line shall consist of
the standard system provided by the Company.
Material hoisting equipment shall not be used to transport people.
Construction material shall not be used to hoist counterweights.
Hoisting equipment shall be inspected daily by a worker competent to perform the inspection.
PERSONAL PROTECTIVE EQUIPMENT
Employees on the site shall wear long sleeved shirts with sleeves down and fronts buttoned.
Shirts and long pants MUST be worn at all times.
Hard hats and safety footwear shall be worn at all times and by all company employees.
Gloves will be worn by all Employees when working. Gloves shall have snug fitting cuffs
extending up under the shirt sleeves. If you find your gloves become wet, and therefore
slippery and dangerous for handling, please change into a dry pair.
Face shields shall be used by kettle men when loading kettles or withdrawing hot bitumen.
Safety goggles shall be worn by all employees on the construction site, at all times, while
performing any task with potential for an eye or face injury.
SEASONAL HAZARDS
During hot weather it is recommended that light coloured clothing be worn.
Employees are routinely coached in recognizing signs of heat stress and they may consult with
their Foreman, or certified 1st Aider at the jobsite.
Potable water is supplied for each job site.
Water should be consumed by Employees at a rate of one cup every 20 minutes.
Sunscreen is provided and available in all Company trucks.
Protect your eyes with CSA certified UV sunglasses.
PITCH ROOF SAFETY
During a 'pitch roof' tear off, Employees are to be aware of the MSDS in the trucks and the
possibility of 'pitch burn'.
Employees are urged to use protective coveralls, gloves, goggles and dust masks provided
Proper hygiene is to be observed while working on a pitch roof, this includes thoroughly
washing hands and face prior to eating to help eliminate the possibility of ingesting.
All clothing should be laundered immediately after use and separately from other clothing.
Employees will be paid at a rate of an extra $2.00/hour while working on a pitch roof tear off.
PAGE 5
WHMIS
The Workplace Hazardous Material Information System or 'WHMIS' training will be
communicated to all D. J. Peat Roofing & Sheet Metal Ltd. Employees during orientation
and thereafter annually by way of a WHMIS update by a qualified trainer.
D.J. Peat Roofing & Sheet Metal Ltd. will keep updated (within 3 years) MSDS on site (in each
truck) for all hazardous materials used.
New controlled products will be discussed at a safety meeting and their MSDS will be added to
the files in each truck
All workplace controlled products will have a label. Do not use a product that does not have a
label (supplier or workplace)
PROPANE CYLINDERS
Propane cylinders shall be stored outside only, transported and used in a secured, upright
position.
When not in use, the cylinder valve should be closed and the cap or collar in place.
Only Employees with a valid ROT from the OPA may use the kettle equipment, only those with
CRCA torch safety program training will be allowed to use propane torches.
Only Employees with Transportation of Dangerous Goods or being directly supervised by
someone with a current Transportation of Dangerous Goods may transport propane
cylinders.
If it is necessary to move gas cylinders manually, they should only be moved by means of the
hand cart.
LADDER SAFETY
A visual inspection of each ladder should be conducted before each use.
All ladders used shall be grade 1 and comply with CSA Standard 211, be in good working
condition, be secured to the structure, (or tied off) at the top and rest on a firm base at
the bottom.
Ladders shall extend 3 fl. above the roof or parapet and the base shall be placed at a distance
from the building approximately one quarter of the height, and not more than one third of
the height of the building wall.
Three point contact should always be maintained and Employees should always face the
ladder. No tools or equipment shall be carried up or down the ladder and the ladder will
be used by only one person at a time.
Employees are to be aware and to wipe feet due to muddy or icy conditions before climbing
ladders.
Employees are to be aware to climb all the way down a ladder and not to jump off from higher
rungs.
Ladders should not be erected on boxes, carts, tables, scaffold platforms or on vehicles. Metal
ladders or ladders with reinforcing must not be used near energized electrical
conductors.
Ladders with weakened, broken bent or missing steps, broken or bent side rails, broken,
damaged, or missing non-slip bases or otherwise defective must not be used and should
be tagged and removed from the jobsite.
Management will conduct ladder inspections quarterly.
PAGE 6
ACCIDENT REPORTING PROCEDURES
Report all injuries to your Foreman immediately, this includes any injury, however small.
If your Foreman is not available, report the injury to the office.
If the injury is of a nature that requires immediate treatment, and does not permit you to report
prior to treatment, you must report immediately after treatment.
A Functional Abilities Form is to be filled out by the health care provider and returned to the
office, at which time modified work will be discussed with Employee if necessary.
Anyone with serious injury will be required to report to the office in order that a WSIB Form 7
can be completed for claims to be processed, we would like to see any compensation
claim settled without delay. However, if you do not follow these procedures, we will
consider the injury not to have occurred on our job.
RETURN TO WORK POLICY STANDARD
In accordance with legislation from the WSIB, it is the expectation of D. J. Peat Roofing that all
Employees will participate in the Return to Work Program.
See Workplace Safety and Insurance Act, 1997, Part Y, Ontario Human Rights code and the
Employment Standards Act.
RETURN TO WORK POLICY POLICY
In accordance with legislation from the WSIB, it is mandatory that all D. J. Peat Roofing
Employees participate in the Return to Work Program and that all injuries and illnesses
to be reported to their Supervisor immediately.
We recognize a positive mental attitude will assist in healing of physical problems. An injured
employee at work feels better than thinking about work while at home. However,
Management will contact the WSIB when a Employee does not cooperate.
A representative of D. J. Peat will be in contact with the injured Employee at all times
immediately following the accident/injury.
It is D.J. Peat's policy for the Foreman or Safety Co-ordinator, who have received training in the
procedures and of the importance of form completion and its return to the office as soon
as possible, to send a package with the injured Employee when he leaves work to
receive medical treatment.
All forms (I.e. FAF) must be completed and returned to the employer prior to return to work
stating limitations. All information will be kept confidential.
D. J. Peat Roofing will then provide a RTW Plan, every case will be assessed on an individual
basis with the support of the involved Employee, WSIB, Health Care Provider,
Management, and Safety Co-ordinator.
Modified Work must be productive and have value and it must not aggravate the Employee's
condition. The Employee must have the skills or be trained to perform the modified work
and if possible, be paid at the same rate as prior to the injury.
D. J. Peat Roofing Management will review this policy annually, and may seek advice from
outside organizations such as WSIB or CSAO as part of their review. \
Payroll stuffers and/or meetings will be developed to explain any changes to this policy to all
employees.
Safety Co-ordinator/Management will acknowledge success of return to work with the injured
Employee and his coworkers.
D. J. Peat Roofing will recognize successful Foremen/Supervisors also.
Management will stress the importance of this policy at Employee meetings and company
social events.
PAGE 7
SAFE RULES AND PRACTICES TO BE FOLLOWED BY ALL
SUBCONTRACTOR~CONTRACTORS
All Subcontractors and their Employees shall ensure that:
-a competent person is appointed as supervisor and information, instruction and
supervision are provided to their employees;
-Foremen will be held accountable for the health and safety of their Employees and will
ensure that measures and procedures required by law are carried out in the workplace;
and that equipment, materials and protective devices are provided and maintained in
good condition and are used as prescribed by law;
-accident prevention education programs, i.e. WHMIS and Fall Protection training courses are
provided as prescribed by law;
-a Health and Safety Policy is implemented and maintained and a copy of their policy shall
be made available to the Contractor (D. J. Peat Roofing) upon request;
-current MSDS record sheets are provided for all hazardous materials delivered and/or used
on the job site.
-a current Certificate of Clearance from the WSIB and an Evidence of Insurance
Certificate is compulsory before sub-contractor arrives at any D. J. Peat Roofing job
site.
wsib
5/14/2009 8:41:58 AM PAGE
1/001
Fax Server
WSIB
cSPiAT
200 Front Street West
Toronto ON M5V 3J 1
Telephone:
(416) 344-1012
Certificate of Clearance
Certificate de decharge
CONTRACTOR
L'ENTREPRENEUR
The Workplace Safety and Insurance Board (WSIB)
hereby waives its rights under Section 141 olthe
Workplace Safety and Insurance Act to hold the
Principal, that is in a contractual agreement with the
Contractor named, liable for any Section 141 liability
ofthe Contractor for premiums and levies of the
WSI B owing now or within 60 days from the date of
this Certificate.
D.J. PEAT ROOFING &
SHEET METAL LTD.
BOX 11 STN MAIN
OWEN SOUND
N4K 5Pl
ON
Par la presente, Ja Commission de fa securite
professionnelJe et de /'assurance centre les accidents
du travail (CSPAA T) renonce aux droffs qui Jvi sent
conferes en vertu de farl/cIe 141 de la Lof sur fa
secums professionneUe et I'assurance contre fes
acddents du travail et qui flauton.sent a tenir
J'entrepreneur principel, qui a sigfle une entente
contractue/fe avec /'entrepreneur dont Ie nom figure
sur Ie present certificat responsabJe du paiement
de toute prime ou de toute somme que flentrepreneur
est tenu de verser ala CSPAAT immiJdiatement ou
dans fes 60 jours suivant fa date indiquee sur ce
cerliticat.
MUNICIPALITY OF
KINCARDINE
Rate/faux
Description
Rate/Taux
Account No.1 rvo de compte
Firm No.Jf\IO d'enfreprise
6724973
240849KV
Valid Q!!b/:when signed by an authorized Officer at the WSIB.
Non valde sans la signature d'un agent autarise de la CSPAA T.
4236000 SHEET METAL/BUILT-
Contract Description! Description dIr contrat
Certificate No. ! NQ de certifiest
203623580
Contact the WSIB ir you question the validity of this document.
Veuff18z communiquer avec la CSPAA T sf vous doutez de la validfte du present document.
15193714694
0190C (07108)
Policy No. GG 2.17
Appendix "F"
NOTICE TO ALL CONTRACTORS
CORPORATE STATEMENT
OCCUPATIONAL HEALTH AND SAFETY
The Corporation of the Municipality of Kincardine is committed to ensuring that a high
standard of health and safety is provided and maintained for all employees, visitors,
guests, contractors, agents and others on our premises.
ALL CONTRACTORS SHALL:
1. Demonstrate establishment and maintenance of Health and Safety Program with
objectives and standards consistent with applicable legislation. This information
will be documented in a meeting where at least one representative of the
Municipality and contractor are in attendance.
2. Submit a copy of past accident records and Workers' Compensation Board
Number.
3. Include health and safety provisions in their management systems to reach and
maintain consistently a high level of health and safety.
4. Ensure that workers in their employ are aware of hazardous substances that may
be in use at their place of work and wear appropriate personal protective
equipment as may be required.
5. Upon request at any time from award to completion of contract, submit proof of
fulfilment of above responsibilities.
6. Must comply with Workplace Safety Insurance Board (WSIB) premiums.
7. The Contractor shall sign-off on the Corporate Occupational Health & Safety Form
stating his agreement to comply.
Your co-operation and assistance in this matter is appreciated and vital to the health and
safety of all.
Policy No. GG 2.17
Appendix "H"
MUNICIPALITY OF KINCARDINE
OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM
I have read Appendix "F" of Policy No. GG 2.17 Purchasing and Procurement "Notice to
All Contractors, Corporate Statement of Occupational Health and Safety" and agree to
comply with it.
D"'S" flew\- Roc,J~0 <t->h-e.u 1rn.M Ltc!, Jr---lIJ ~ 13/07
Contractor's Name Date