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HomeMy WebLinkAbout10 126 Connaught Park Infrastructure Stimulus Fund Project (Beisel Contracting Ltd.) Contract & Site Plan By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT� • JJiI, O ,i ' � Ng �LI1Y OF K10CP BY -LAW NO. 2010 - 126 BEING A BY -LAW TO ACCEPT A CONTRACT FOR THE CONSTRUCTION OF WASHROOM FACLITIES AT CONNAUGHT PARK & THE RENOVATION OF THE AGRICULTURAL HALL WASHROOMS (Beisel Contracting Inc.) • WHEREAS Sections 11 (1) and (3) of the Municipal Act, 2001, S.O. 2001, c. 25 as amended gives broad authority to lower -tier municipalities to provide any service or thing that the municipality considers necessary or desirable for the public and authorizes lower -tier municipalities to pass by -laws respecting culture, parks, recreation and heritage; AND WHEREAS pursuant to the said Municipal Act, Sections 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 a municipality 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 the Municipality applied and received approval under the Infrastructure Stimulus Fund Program for improvements at Connaught Park including the construction of washroom facilities and the renovation of the Agricultural Hall washrooms; • AND WHEREAS by way of Resolution #06/09/10 — 07 Council suspended the requirement for tenders /RFPs and directed staff to purchase by negotiation pursuant to Section 9 of the Purchasing & Procurement Policy GG.2.17; AND WHEREAS by way of Resolution #08/04/10 — 05 Council agreed to reduce the irrevocable letter of credit to 50% of the contract price to be in place until the project is complete plus 45 days and to waive the requirement for the labour & materials bond letter of credit; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it expedient to accept a contract from Beisel Contracting Inc. in the amount of $ 305,843.54, for Connaught Park and Agricultural Hall washroom improvements; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: • 1. That the contract of Beisel Contracting Inc for improvements at Connaught Park including the construction of washroom facilities and the renovation of the Agricultural Hall washrooms, in the amount of $ 305,843.54, be hereby accepted. Page 2 Connaught Park Infrastructure Stimulus Fund Project (Beisel Contracting Inc.) Contract & Site Plan By -Law By -law No. 2010 - 126 • 2. That the Mayor and Chief Administrative Officer be authorized and directed to sign and execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, the contract attached hereto as Schedule `A' and any other documents required to authorize such work to commence. 3. That the Site Plan attached hereto as Schedule `B' be hereby approved. 4. This by -law shall come into full force and effect upon its final passage. 5. This by -law may be cited as the "Connaught Park Infrastructure Stimulus Fund Project (Beisel Contracting Inc.) Contract & Site Plan By -law ". READ a FIRST and SECOND TIME this 29 day of September, 2010. Sly. -� Ma or Clerk 4 • READ a THIRD TIME and FINALLY PASSED this 29 day of September, 2010. ayo Clerk • • AGREEMENT This AGREEMENT made in duplicate, the Aevii day of 5e41 1)24— in the year two thousand and ten (2010) by and between The Corporation of The Municipality of Kificardine hereinafter called the "Municipality ", AND Beisel Contracting Inc. hereinafter called the "CONTRACTOR ", WITNESSETH that the MUNICIPALITY and the CONTRACTOR undertake and agree as follows: ARTICLE A -1 The Contractor shall provide all the services and perform all the work described in the Contract Documents titled: Corporation of the Municipality of Kincardine — CD- 2010 -01 (Negotiated 1) Connaught Park Washroom Upgrades The Contractor shall do and fulfill everything indicated by this Agreement. ARTICLE A -2 The following is an exact list of Contract Documents referred to in ARTICLE A -1, hereto annexed and signed in duplicate by both parties, which are to be read into and form part of this Agreement. Contractor's complete Formal Quotation response including: 1. Information to Bidders 2. General Conditions 3. Final Drawings & Specifications 4. Proposal Form 5. Insurance Certificate(s) 6. WSIB Certificate ARTICLE A -3 The Municipality of Kincardine agrees to pay the Contractor, in lawful money of Canada in accordance with the Proposal Form included in these contract documents and summarized below: $305,843.54 (Three hundred and five thousand, eight hundred and forty -three dollars and fifty -four cents). The date of commencement of the Contract will be prior to October 31, 2010 and it shall terminate on or before February 28, 2011. All written communications between the parties are deemed to have been received by the addressee if sent to: Clerk, Municipality of Kincardine, 1475 Concession 5, RR #5, Kincardine, ON N2Z 2X6 This Agreement along with the Contract Documents constitute the Contract between the parties, and it shall be to their benefit and be binding upon them, their successors, executors, and administrators. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written or caused their corporate seals to be affixed, attested by the signature of their proper officers, as the case may be. SIGNED, SEALED AND DELIVERED / in presence of 0 (Witness as to Signature of Contractor or Seal) ) ( ntractor) Beisel Contra le Inc. (Name) ( ave the aut ' . ty to bind the Co poration (Address) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE - ( (3'y. r) Aft ( �--� �• ( (Chief Administrative Officer) Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) UIy1CIAqL. Y great energy. c balanced life. ION CARDINL 4 1 Sililgg.ggctkfg4VFORmRppqmtg4iNOIt � 1 Q - 4 l�,eg ted r1) M1 O.N N' U H ST PAR ikA lJ A s YEE This document contains the following: 1) Information for Bidders 2) General Conditions 3) Samples of Agreement with Contractor, Occupational Health & Safety Corporate Statement, Accessibility Standards for Customer Service (these three documents are provided for information and will only be required upon agreement) 4) Proposal Form 5) Final Drawings & Specifications for Construction of Washroom Facility & Renovation of Agricultural Hall Washrooms Deliver To: Municipality of Kincardine Attn: Clerk's Department 1475 Concession 5 RR #5 Kincardine, ON N2Z 2X6 INFORMATION FOR BIDDERS Page 1 of 6 Part 1.1 — Request for Proposal Document .1 Proposal must be submitted to: Municipality of Kincardine 1475 Concession 5 RR 5 Kincardine, ON N2Z 2X6 .2 Each Proposal shall contain the full name of the party or parties bidding and the signature of the parties bidding shall be in their respective handwriting. .3 Proposals must be submitted on the Proposal Form provided and returned to the Municipality of Kincardine. The Proposal Form must be completed in full. .4 The intent of this project is to supply the necessary labour, materials, equipment and services required to complete Connaught Park Washroom Upgrades as per attached General Conditions, Final Drawings and Specifications. Connaught Park is located at 133 Broadway Street, Kincardine. The Park is used for a variety of purposes including: recreational pursuits, Kincardine Fall Fair, Farmers' Market, etc.. Existing structures in the Park require improvements, and thus, the project includes the construction of new facility 3� -arrd-demotition- of-existin plus renovations of the Agricultural Hall. cam �-i Construction of Washroom FacilityfBer raljtio ila& This includes construction of a new freestanding washroom facility,a 11 7 existing ctructurc. Building size is 1250 sq ft including a 500 sq ft picnic area. The facility will house . yrashrooms, concession booth and service /storage room. Water & sewer • services m utt be provided to the new building b - ' - - :.: - : :.. - : - Hydro service must also be provided to the new structure and forms part of the project. The—demolition—of-the - - - . - - - - - - : - . -demolition of -build emQval-of-ma - ' - • = • • ' - - - - - - - =" - - : seeding- area, Renovation of Agricultural Hall The project includes construction of an individual accessible washroom in the Agricultural Hall which will require renovation of storage room and kitchen area, plus the installation of automatic door openers on exterior entrances. Minor upgrades of existing washrooms may also be included, dependent on financial feasibility. .5 BID DEPOSIT A seven thousand ($7,000) dollar bid deposit must be submitted. It shall be in the form of a bid bond, cash, bank draft, irrevocable letter of credit or a certified cheque issued by a Chartered Canadian Banking Institution. The deposit of the highest rated Bidder will be held until a contract is executed. The bid deposit of the successful Contractor who fails to enter into a contract shall be forfeited to the Owner. Certified Cheques shall be made payable to the Municipality of Kincardine. .6 All submissions shall indicate separately, Harmonized Sales Tax (HST). Prices quoted shall be F.O.B. job site. .7 Each Bidder must satisfy himself by personal examinations as to the local conditions to Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) INFORMATION FOR BIDDERS Page 2 of 6 be met within completing the specified work. .8 Each Bidder make his own estimate of the facilities and difficulties to be encountered. He is not to claim at any time after the submission of his bid that there was any misunderstanding of the terms and conditions of the Contract relating to the site conditions. .9 No bid will be accepted from any company which has a claim or instituted a legal proceeding against Municipality of Kincardine or against whom Municipality of Kincardine has a claim or instituted a legal proceeding with respect to any previous contract, without prior approval by Municipality of Kincardine. .10 The highest rated or any Proposal will not necessarily be accepted. The Owner reserves the right to reject any or all Proposals, or to award the Contract to other than the Bidder submitting the highest rated bid, as in its' opinion may be for the best interest of the Owner. .11 Stipulated price quoted in the Proposal Form is to include furnishing of all materials, and providing of all necessary labour, construction tools, equipment and transportation services to complete all work required under this contract, whether specifically included in Contract Documents or not. .12 It is the intention of the Drawings and Specifications to provide finished work. Any items omitted therefrom, which are clearly necessary for completion of the work, or its appurtenances, to be considered a portion of work though not directly specified and /or shown or called for in the proposal documents. .13 The Bidder shall submit with their proposal submission a list of proposed sub - contractors stating the portion of the work allocated to each. Part 1.2 - Examination of Documents and Site .1 Each Bidder must examine the drawings, specifications and visit the site of the work before submitting their proposal. They must satisfy themselves by personal examination as to the local conditions to be met with during the construction and conduct of the work. They shall make their own estimates of the facilities and difficulties to be encountered in completing the work of this contract. They shall not claim at any time after submission of this Proposal, that there was a misunderstanding of the terms and conditions relating to the site conditions. .2 No plea of ignorance of conditions that exist, or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this contract as a result of the failure to make the necessary examinations and investigations will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of said Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation or any extension of time. .3 It is the responsibility of the Bidder to review and include all related work outlined and detailed on all drawings. If in doubt about the intent or scope of work, obtain clarification prior to proposal submission. The latest edition of the drawings will be applicable. Part 1.3 - Ability and Experience of Bidders .1 No proposal will be considered from any Bidder who is not known to be skilled and Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) INFORMATION FOR BIDDERS Page 3 of 6 regularly engaged in work of a character similar to that covered by the Drawings and Specifications. In addition to the Bidder's Resume required in the Proposal, in order to aid the Owner in determining the qualifications and capability of any Bidder, the Bidder shall within 48 hours after being requested in writing by the Owner to do so, furnish evidence satisfactory to the Owner, of the Bidder's experience and familiarity with work of character specified and their financial ability to execute properly the proposed work to completion within the specified time. Evidence requested may, without being limited thereto, include the following: .1 Bidder's performance record with listing of work of similar character and size, which they have completed, giving names of Owners, dates, and contract costs. .2 A tabulation of other works now in progress; giving locations, types, sizes, required date of completion to date of each job. .3 An itemized list of the Bidder's equipment available for use on the proposed Contract. • .4 Evidence that Bidder is licensed to do business in the Province of Ontario, in the case of a Corporation organized under the laws of any other province or country. .5 Such additional information as will satisfy the Owner that the Bidder is adequately prepared to fulfill the contract. Part 1.4 - Sub - Contractors .1 The Contractor agrees to preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract and to enter into contracts or written agreements with his sub - contractors to require them to perform their work in accordance with and subject to the terms and conditions of the Contract documents, and be as fully responsible to the Owner for acts and omissions of his Sub - contractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by him. The Contractor therefore agrees that he will incorporate the terms and conditions of the Contract Documents into all subcontract agreements he enters into with his Sub - contractors. .2 Only one (1) sub - contractor is to be named for each part of the work to be sub -let. Non- compliance may void the proposal. .3 Where the Contractor inserts such terms as "Own forces" for the work normally undertaken by a specialty trade contractor, the Contractor if requested shall submit document evidence that he possesses the necessary equipment and skilled tradesmen to undertake such work. .4 The Contractor agrees to employ those sub - contractors proposed by him in writing and accepted by the owner at the signing of the contract. .5 The Owner may, for reasonable cause, object to the use of a proposed sub - contractor and require the contractor to select another sub - contractor. .6 Nothing contained in the contract documents shall create a contractual relationship between a sub - contractor and the owner. PART 1.5 - Alternatives .1 Alternatives in regards to materials or methods of application will be considered, provided quotations are given on the original intent. During the request for proposals period, alternative materials to those specified must be transmitted in writing with full descriptive Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) INFORMATION FOR BIDDERS Page 4 of 6 data, and will be considered if submitted at least five (5) days prior to closing date of the request for proposals. .2 Approval of alternatives will be confirmed by issue of an addendum to the request for proposal documents. .3 Cost of additional work and modifications to the design due to the use of alternatives shall be borne by the contractor. PART 1.6 - Validation Period .1 All proposals must be valid for sixty (60) days after the submission date. PART 1.7 - Definitions .1 The term Owner means: The Corporation of the Municipality of Kincardine .2 The term Bidder means: the individual, firm, company or corporation who has undertaken to carry out the contract. .3 The term Contractor means: the individual, firm, company or corporation whom a contract is awarded against this offer. .4 Working day means days other than Saturdays, Sundays, and holidays which are observed by the construction industry in the area of the place of work and include hours of day light only. .5 Wherever singular or masculine is used in this document, it shall be considered as if plural or feminine has been used where the context so requires. PART 1.8 - Addenda .1 If in doubt about the meaning or intent of any part of the request for proposals documents, notify the Owner in writing during the request for proposals period. If no questions are received, it will be assumed that the work is clearly defined and that bidders are in no doubt as to the meaning or intent of the request for proposal documents. .2 If the Owner should consider it necessary, a written addendum will be sent to each bidder. The Owner will not be responsible for any oral instructions given bidders, which have not been confirmed in writing. .3 Changes to request for proposals documents communicated to bidders in the form of a written addendum, are to be considered as an integral part of the request for proposals documents. PART 1.9 - Informal .1 Proposal forms which are incomplete, conditional, or obscure, or which contain additions Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) INFORMATION FOR BIDDERS Page 5 of 6 not called for, erasures, alterations or irregularities of any kind, may be rejected as informal. .2 All blanks must be legibly and properly filled in or proposal may be declared "informal ". .3 The Owner reserves the right to waive any and all informalities as may suit its interests. PART 1.10 - Acceptance or Resection of Proposals .1 A Proposal is accepted by the Owner and a Contract is made thereby between the Owner and Bidder only when a Contract Agreement is executed by the Owner and the Bidder. .2 The Owner will not be responsible for any liabilities, costs, expenses, Toss, or damages incurred, sustained or suffered by the Bidder prior to, or non - acceptance of a Proposal. .3 The Owner reserves the right to reject any or all Proposals and to waive formalities as the interests of the Owner may require, and the lowest or any Proposal will not necessarily be accepted. .4 The highest rated Proposal will not necessarily be accepted. The Owner reserves the right to reject any or all proposals, or to award the Contract to other than the Bidder submitting the highest rated proposal, as in its' opinion may be for the best interest of the Owner. .5 Instances where an invited proposal shall be rejected as unacceptable are: Incomplete proposals (all items put to bid are not bid). Proposals are not properly signed and dated. Bid deposit not submitted. Proposals that contain restrictions placed on the goods or services, by the vendor. Proposals completed in pencil, rather than typed or written in ink. Proposals with calculations not completed as per instructions. Proposals completed on forms other than those supplied in the request for proposals documents. Proposals submitted without the required documentation completed, ie. bonding. Bidder's Declaration not completed. Proposals where goods or services do not comply with called for specifications. No facsimile or email Proposals accepted. PART 1.11 - Project Contacts .1 All matters regarding this project are to be directed in writing to: Municipality of Kincardine 1475 Concession 5 RR 5 Kincardine, ON N2Z 2X6 Phone (519) 396 -3468 Fax (519) 396 -8288 .2 Contractor must provide two (2) contacts for 24 hour emergency service. Contact information to include personnel names, pager numbers and cellular phone numbers. Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) INFORMATION FOR BIDDERS Page 6 of 6 PART 1.12 - Freedom of Information & Protection of Privacy .1 Any personal information collected by or on behalf of the Municipality of Kincardine under this Request for Proposals is subject to the Municipal Freedom of Information and Protection of Privacy Act. The information provided to the Municipality of Kincardine may be used to confirm certain information provided in the Proposal for this project. The person submitting this Proposal consents to such collection and use of the information. The person submitting this Proposal acknowledges that the information contained in the Proposal may become public and consents to the release of that information. Any questions regarding the collection, use, or disclosure of the information should be directed to the Clerk at the Municipality of Kincardine. PART 1.13 - Accessibility Standards for Customer Service .1 The Contractor must comply with the Owner's Accessibility Standards for Customer Service as attached. PART 1.14 Evaluation Criteria The proposal is being negotiated pursuant to the Municipality's Purchasing & Procurement Policy GG.2.17 and will be evaluated on costing. PART 1.15 HEALTH AND SAFETY .1 In accordance with Policy GG.2.17 Purchasing and Procurement the following information is required to be obtained prior to the final awarding of the contract to the successful bidder: 1. Clearance Certificate or Letter of Independent Contractor Status issued by the Workplace Safety Insurance Board (WSIB) directly to the Municipality; 2. Certificate of Insurance naming the Municipality as an additional insured and evidencing Liability Insurance in an amount of not less than $5,000,000 ($5 Million) as well as showing all other types and limits of insurance issued by their broker /insurer directly to the Municipality (to be obtained upon each expiry); 3. Signed copy of the Municipality of Kincardine Occupational Health & Safety Compliance form. In accordance with the above policy, the following information is required to be obtained before work can commence /continue. Failure to provide this information will result in stoppage of work. 1. Clearance Certificate issued by the Workplace Safety Insurance Board (WSIB) directly to the municipality at intervals of sixty (60) days from first issuance; 2. Certificate of Liability Insurance as above for the current policy and for each renewal p &iod. Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) GENERAL CONDITIONS Page 1 of 8 Part 1.1 - Demolition .1 Except if expressly stated otherwise, materials indicated for removal become the Contractor's property and shall be promptly taken from the site. Part 1.2 Powder Activated Guns .1 Do not employ powder- activated guns using explosives unless expressly permitted by the Owner. If permitted, comply with the requirements of CSA Z166 -1975 (Safety Code for Explosive Actuated Tools). Part 1.3 Use of Site and Facilities .1 Execute work with the least amount of interference possible to normal use of the premises. .2 Where security is reduced by work provide temporary means to maintain security. Maintain a proper fence around work and storage areas. .3 Protect work and the building interior, where applicable, from environmental damage temporarily until permanent siding and enclosure is completed. .4 On completion of work, restore any affected building areas or other property damaged by result of work, to conditions found before commencement of the Contract Period, except for items permanently altered by the terms of this Contract. .5 Contractor shall provide washroom facilities for own personnel. Arrangements may be made with the Owner to use their facilities, but proper arrangements should be made prior to work commencing. Part 1.4 - Manufacturer's Instructions .1 Unless otherwise specified, comply with manufacturer's latest printed instruction for materials and installation methods. Part 1.5 - Handling Materials .1 Deliver and store materials in accordance with manufacturer's instructions. .2 Store solvent based liquids away from excessive heat and open flames. .3 Contractors who use controlled products must ensure that their workers are properly trained in the safe use and handling of such products in compliance with the Workplace Hazardous Materials Information System ( WHMIS). .4 Comply with all requirements with respect to controlled products labeling and Material Safety Data Sheets (MSDSs) according to the requirements of WHMIS Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) GENERAL CONDITIONS Page 2 of 8 and the Hazardous Products Act. Part 1.6 - Cutting, Patching, and Making Good .1 Cut existing surface, as required, to accommodate new work. .2 Remove all items as shown or specified. .3 Patch and make good all surfaces cut, damaged or disturbed, to Owner's satisfaction. Part 1.7 - Clean Up .1 Clean up as work progresses. .2 Upon completion remove scaffolding, temporary protections, and surplus materials. Make good any defects noted at this stage. .3 Clean areas affected under contract to a condition at least equal to that previously existing and to the satisfaction of the Owner. .4 At the end of each work period and more often if ordered by the Owner, remove debris from the site, neatly stack material for use and clean up generally. Part 1.8 - Coordination .1 Study all documents that describe, or are related to any operation before commencement of that operation. Report discrepancies discovered between existing conditions and documentation. Obtain ruling on required interpretation before commencing the work. .2 Ensure that material, equipment, services, and operatives are brought to the site in sufficient quantity and in accordance with requirements of the work schedule. Part 1.9 - Equipment .1 Provide and maintain equipment such as temporary stairs, ladders, ramps, scaffolds, swing stages, runways, chutes, safety rails, and the like, as required for execution of the work. .2 Provide and maintain conveying equipment such as cranes, hoists, derricks, and the like, as required for execution of the work. .3 Assume complete respon sibility for - construction - strength, placing, aneho- rin- g nd- operation of derricks, cranes, hoists and other mechanical contrivances used for work; and ensure that loads carried thereon can safely be supported and be free from accidents to all persons. Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) GENERAL CONDITIONS Page 3 of 8 .4 Have hoist capacities, with regard to anticipated loads, verified by a Professional Engineer, registered in the Province of Ontario. .5 Comply with all governing safety regulations in force at the time of construction. .6 Remove immediately such equipment when not required for work. .7 Provide and maintain, on site, suitable fire extinguishers in sufficient quantities, as required by the Safety Code. Part 1.10 - Loading .1 Take precautions to prevent the overloading of any part of the structure during progress of the work. Make good, at no expense to the Owner, any damage resulting from such overloading. Part 1.11 - Time of Completion � <( ( t4 .1 The successful bidder is expected to be able to commence work on or before 2010 and complete the work by Jentiery--3-1-, 2011. 0 cj4ober 3( Feb ruary a$ Vi( 04. I/ .2 Completing this job in a timely fashion is of utmost importance to the Owner. The Contractor is expected to staff the project to prevent unnecessary delays in 1 completion. Work must be completed by January 31, 2011. ...p Oc f • t Feb r nary as d ( .3 It is imperative that some areas of the material installation are completed in a l timely and reasonable manner. In the event of significant delays, the Owner may /6 request that the Contractor work weekends. The Owner intends to provide adequate notice of any conditions which may result in the need for weekend work. .4 In the event of delay caused by strikes, on the part of the workmen employed, or by any act of the Owner, or from such other cause as, in the opinion of the Owner, the Contractor cannot reasonably be held responsible for, or in the event of extra or additional work being ordered by the Owner, the Owner may allow such additional time for completion as it may deem fair and reasonable, providing the Contractor applies in writing for an extension of time at the time such delay occurs, or such extra or additional work is ordered, and satisfies the Owner that he is justly entitled to a further time allowance. Part 1.12 - Minimum Standards .1 Materials shall be new, and work conform to, or exceed, the minimum applicable standards of the Canadian General Standards Board (CGSB), the Canadian Standards Association (CSA), or the National Building Code of Canada. Latest editions at Request for Proposals closing date and the most stringent conditions apply. Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) GENERAL CONDITIONS Page 4 of 8 Part 1.13 - Taxes .1 Pay all applicable taxes levied by law (including Federal, Provincial, and Municipal) promptly. . 2 The Harmonized Sales Tax (HST) is to be shown separately in the contract price. All other taxes /duties for the entire project shall be included in the contract price. The Contractor will indicate on each application for payment as a separate amount the appropriate HST the Municipality is obligated to pay. Part 1.14 Fees, Permits, Certificates .1 Pay all fees and obtain all permits. Provide Authorities with plans and information for acceptance certificates. Furnish inspection certificates as evidence that work conforms to requirements of Authorities having jurisdiction. Part 1.15 Changes in Work . 1 Any changes to the scope of work are to be confirmed by the Owner and Contract value changes approved, prior to start of said work. .2 The cost of any additional work to the Owner shall be the actual cost of the work plus ten percent (10 %) profit. Part 1.16 - Insurance .1 Bidders are required to provide evidence, in the form of a Certificate of Insurance from their insurance company or insurance broker that they can provide and maintain during the term of the contract, the following types and level of insurance: 1. Builders' Risk on a Comprehensive Basis including Commercial General Liability Insurance The policy must: • Be in the names of the Municipality, the Contractor, the Architect and all sub- contractors; • Include loss payable in favour of the Municipality of Kincardine; • Include a General Liability limit of not less than five million dollars ($5,000,000); • Occurrence basis; • Owners /Contractors protective; • Products and completed operations; • Blanket contractual; • Municipality of Kincardine employees as additional insured; • Broad Form Property Damage; • Broad Form Loss of Use; • Hostile Fire; Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) GENERAL CONDITIONS Page 5 of 8 • Personal Injury; • Incidental Malpractice; • Errors and Omissions or Professional Liability (only required if architect/engineer is employed by contractor) • Contingent Employers Liability; • Cross Liability and Severability of Interests • Owned and Non -Owned Automobile Liability Insurance including blanket contractual coverage for hired automobiles. Non -Owned Automobile Insurance in an amount of not less than five million dollars ($5,000,000). • Provide coverage for 1.1 times the full replacement value of the construction project; • Apply to all products, labour, equipment and supplies of every nature, the property of the Municipality, or Contractor or for which the Municipality or Contractor may have assumed responsibility (whether on site or while in transit), that is to be used in pertaining to site preparation, and the erection, fabrication, construction, reconstruction, remodeling or repair of any building, structure or other fixture or thing; • Includes the installation, testing and any subsequent use of machinery and equipment, including boiler, pressure vessels or vessels under vacuum. L `. v d. 2. Wrap -Up Liability -Insurance 1 2 eneral Liability insurance shall b- i the joint names o' th- Gene I Contractor/ th Municipality of Kincardine, it arch ects and cons ants =nd any and all suOO- con ractors and sub - consultant- involy .d in the work, ith lim cs of not less th- five illion dollars ($5,000,001 . The ins ance coverage sh -II include at le: st the showing exten .ions: 1) Prmises, Propert and Operations; 2) Occurrence basil 3) Owns /Contraefors protective; 4) Product and ompleted operations; 5) Blanket ntrtual; 6) Municipals of Kincardine employee-. as ..ditional insured; 7) Broad For ., roperty Damage; 8) Broad Form L ss of Use; 9) Hostile VIre; 10) Personal Injury; 11) Incidental Maipractt e; 12) Error's and Omission or Professional Liability (• ly requir =• if architect/engineer is e ployes by contractor) 13) C, ntingent Employers L bily y; ' 14) gross Liability and Severs flity of Interests 15) /Owned and Non -Owned mobile Liability Insuran - i cluding blanket / contract c for t omo b es N Own Automobile / contractual coverage for Ip ireu \au il wlllvvva. Non-vvv�l /-lu lvlilvunC \ / Insurance in an amount of not kiss than five million doll i s ($5,000,000). \ \ \♦ Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) 0 C/ (5\ GENERAL CONDITIONS J Page 6 of 8 1"( cci-- /00 T = Certifica - o' nsuran - , ust cle•,rly tate the e (e sion peri to hich the ��' ° erfo an•e of Re ed'. l Wor' apo ies b- and fih date f su tantial \ od . 1 ( b comple .0 4 n, expiry or :ancellatio of the poll. y. Part 1.17 - Indemnification .1 The Contractor shall indemnify and save and hold harmless the Owner and it's employees from all actions, suites, claims and demands whatsoever which may arise directly or indirectly how so ever caused, save and except for damage caused by negligence of the Owner or its employees. .2 The Owner shall indemnify and hold harmless the Contractor, his agents and employees from and against claims, demands, losses, costs, damages, actions, suits or proceedings arising out the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of Work. Part 1.18 - Workplace Safety Information Board Standing .1 Prior to commencing the work, throughout the total performance of the work and prior to receiving final payment, the Contractor shall provide evidence of good standing with Workplace Safety Information Board of Ontario. Part 1.19 - Payments .1 The Payment Request is to be addressed to the Owner as: Municipality of Kincardine 1475 Concession 5 RR 5 Kincardine, ON N2Z 2X6 and shall include the original invoices and the Contractor's HST registration number. .2 The Owner will provide all correspondence to the Municipality of Kincardine for approval and certification of payment. .3 Invoices are to be submitted for Connaught Park Upgrades where installation of the materials have been completed in full and must include the following documentation: Original Invoice W.S.I.B. Certificate of Clearance Contractor Warranty Product / Material Warranty HST Registration Number Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) GENERAL CONDITIONS Page 7 of 8 .4 Upon completion and final inspection of the contracted work by the Owner, the Contractor shall submit in addition to their claim for payment, the following documentation: .1 A statement of Work Place Safety Information Boards current standings. .2 Statutory Declaration to the fact that all lawful obligations and lawful claims against then, arising out of the execution of the work have been discharged and satisfied. Declaration shall be made on standard CCDC Document 9A. .3 Warranties as required and outlined within the specifications. .4 The Owner reserves the right to request additional documentation to support the request for payment. .5 Holdbacks shall be pursuant to the Construction Lien Act. Part 1.20 - Release of Holdback .1 Application for release of holdback monies shall be made on the day following the expiration of the statutory limitation period stipulated in the lien legislation applicable to the place of work. .2 The Owner, upon application by the Contractor, may issue a certificate for such release of holdback provided that no liens have been registered against the property in relation to this work. Part 1.21 - Documents .1 Keep one (1) copy of specifications, contract documents, and shop drawings on the site at all times. Part 1.22 — Asbestos Discovery .1 If during alteration or work existing asbestos material is discovered (eg. Fireproofing, acoustic or thermal insulation, pipe or tank covering) stop work and immediately notify the Owner. Do not remove any existing material containing asbestos fibres. Part 1.23 - Termination .1 The Owner reserves the right to cancel this agreement upon any violation of this agreement or the quality of work and /or performance of equipment. Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) GENERAL CONDITIONS Page 8 of 8 Part 1.24 - Bonds .1 Performance Bond: The Bidder agrees that he will furnish a ContrpAperformance Bond, or an Irrevocable Letter of Credit in the amount of 1 of the total proposal price, using the most current Construction Documents Committee (CCDC) format. Such performance bond shall guarantee faithful performance of the Contract during the period of the Contract, including the period of guaranteed Ca 11 I© maintenance. .2 - - Labourand4dlater4als-Payme Bei t& �,/ This cantract=wilk -eq i€e ^0Labe -ur-an r "4 trr Cr-ed+t ts-for e - • • - • • e - - - eat O do L'1110 Canadian-Genstr +Goon -Doet rr nts r ' t. 0 .3 Agreement to Bond `0 The Bidder shall include with his proposal the Agreement to Bond in the form enclosed herewith, executed under its corporate seal by the surety company from which he proposes to obtain the bond. Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) AGREEMENT (SAMPLE ONLY) This AGREEMENT made in duplicate, the day of in the year two thousand and ten (2010) by and between The Corporation of The Municipality of Kincardine hereinafter called the "Municipality ", AND hereinafter called the "CONTRACTOR ", WITNESSETH that the MUNICIPALITY and the CONTRACTOR undertake and agree as follows: ARTICLE A -1 The Contractor shall provide all the services and perform all the work described in the Contract Documents titled: Corporation of the Municipality of Kincardine — CD- 2010 -01 (Negotiated 1) Connaught Park Washroom Upgrades The Contractor shall do and fulfill everything indicated by this Agreement. ARTICLE A -2 The following is an exact list of Contract Documents referred to in ARTICLE A -1, hereto annexed and signed in duplicate by both parties, which are to be read into and form part of this Agreement. Contractor's complete Formal Quotation response including: 1. Information to Bidders 2. General Conditions 3. Final Drawings & Specifications 4. Proposal Form 5. Insurance Certificate(s) 6. WSIB Certificate ARTICLE A -3 The Municipality of Kincardine agrees to pay the Contractor, in lawful money of Canada in accordance with the Proposal Form included in these contract documents and summarized below: The date of commencement of the Contract will be and it shall terminate on All written communications between the parties are deemed to have been received by the addressee if sent to: Clerk, Municipality of Kincardine, 1475 Concession 5, RR #5, Kincardine, ON N2Z 2X6 This Agreement along with the Contract Documents constitute the Contract between the parties, and it shall be to their benefit and be binding upon them, their successors, executors, and administrators. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written or caused their corporate seals to be affixed, attested by the signature of their proper officers, as the case may be. SIGNED, SEALED AND DELIVERED in presence of ( (SAMPLE ONLY) (Witness as to Signature of Contractor or Seal) ) (Contractor) (Name) ( I have the authority to bind the Corporation (Address) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ( (SAMPLE ONLY) ( (Mayor) & (Chief Administrative Officer) Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) MUNICIPALITY OF KINCARDINE NOTICE TO ALL CONTRACTORS POLICY #GG.2.17 PURCHASING AND PROCUREMENT APPENDIX "F" 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 /SUPPLIERS 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. This proof may but is not limited to a copy of the organization's own Health & Safety Policy, copies of training sessions, copies of logs documenting training /discussions. 6. Must comply with Workplace Safety Insurance Board (WSIB) premiums. 7. The Contractor /Supplier 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. OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM I have read Appendix F of Policy #GG.2.17 Purchasin• and Procurement "Notice to All Contractors, Corporate Statement of Occupational Health and Safety" and agree to comply with it. (SAMPLE ONLY) Contractor's Signature Date ,C;„ liQrNicAiRpir\rt__ a,nnn re,ea . �o„n,OoadJ �,,. Accessibility for Ontarians with Disabilities Act, 2005 (AODA) Accessibility Regulations for Contracted Services In accordance with Ontario Regulation 429/07, Accessibility Standards for Customer Service, Section 6, every provider of goods or services shall ensure that the following persons receive training about the provision of its goods or services to persons with disabilities: 1. Every person who deals with members of the public or other third parties on behalf of the provider, whether the person does so as an employee, agent, volunteer or otherwise. 2. Every person who participates in developing the provider's policies, practices and procedures governing the provision of goods or services to members of the public or other third parties. The training must include a review of the purposes of the AODA and the requirements of Regulation 429/07 and instruction about the following matters: 1. How to interact and communicate with persons with various types of disability. 2. How to interact with persons with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person. 3. How to use equipment or devices available on the provider's premises or otherwise provided by the provider that may help with the provision of goods or services to a person with a disability. 4. What to do if a person with a particular type of disability is having difficulty accessing the provider's goods or services. 5. Information on the policies, practices and procedures governing the provision of goods and services to people with disabilities. Contracted employees, third party employees, agents and others that provide customer service on behalf of The Corporation of the Municipality of Kincardine must meet the requirements of Ontario Regulation 429/07 with regard to training. Website training at www.mcss.qov.on.ca or another pre - approved training source of your choice would be considered an acceptable form of training. A copy of the Municipality of Kincardine Accessibility Standards for Customer Service is attached and must be reviewed with any employee that will provide customer service on behalf of the Municipality. A document describing the training policy, a summary of the contents of the training and details of training dates and attendees must be submitted to the Municipality of Kincardine upon request. 1 acknowledge receipt of this notice and confirm that will comply with its requirements. (SAMPLE ONLY) Signature Date I have the authority to bind the Corporation POLICY POLICY NO: GG.3.8 SECTION: GENERAL GOVERNMENT TITLE /SUBJECT: ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE (Pursuant to Accessibility for Ontarians with Disabilities Act, 2005; Ontario Regulation 429/07) ADOPTED DATE: August 5, 2009 REVISION DATE: November 4, 2009 PURPOSE The Municipality of Kincardine is committed to being responsive to the needs of the community. To do this, we must recognize the diverse needs of individuals and respond by striving to provide services and facilities that are accessible to all. As a provider of goods and services, and as an employer, the Municipality of Kincardine is committed to ensuring its goods or services are provided in an accessible manner. The Municipality of Kincardine will promote accessibility through the development of policies, procedures and practices and by ensuring they consider persons with disabilities. To do so, the Municipality must ensure the policies, procedures and practices address integration, independence, dignity and equal opportunity. PRINCIPLES Reasonable efforts will be made to ensure the following: (i) That goods or services be provided in a manner that respects the dignity anti trod endence of persons with disabilities. (ii) The provision of goods or services to persons with disabilities and others will be integrated unless an alternate measure is necessary, whether temporarily or on a permanent basis, to enable a person with a disability to obtain, use or benefit from the goods or services. (iii) Persons with disabilities will be given an opportunity equal to that given to others to obtain, use and benefit from the goods or services. PROCEDURES AND PRACTICES: Procedures and practices will strive to reflect or achieve the following: (i) When communicating with a person with a disability, the Municipality will do so in a manner that takes into account the person's disability. (ii) Persons with disabilities requiring a support person or a service animal should not be restricted in obtaining, using or benefiting from the Municipality's goods or services. (iii) Notice is required when facilities or services that people with disabilities rely on to access Municipality of Kincardine goods or services are temporarily disrupted. (iv) Training of staff about provision of goods or services to persons with disabilities will facilitate the delivery of those goods or services. (v) The public should have an opportunity to provide feedback on the provision of goods or services to persons with disabilities. (vi) The public should have the opportunity to be aware of the availability of documents related to this policy. (vii) Municipal documents should be available in formats that take in to account a person's disability. (viii) Persons with disabilities should be allowed to use their own personal assistive devices to obtain, use or benefit from the goods and services offered by the Municipality. PROCEDURES Support Persons Support person means, in relation to a person with a disability, another person who accompanies him or her in order to help with communication, mobility, personal care or medical needs or with access to goods or services. The Municipality of Kincardine will ensure that a person with a disability, who is accompanied by a support person, to enter municipal owned and operated public facilities with their support person and will not prevent the person with the disability having access to the support person while on the premises. The Municipality reserves the right to require the person with a disability be accompanied by a support person when on the premises, if it is considered necessary to protect the health and safety of the person with a disability or others on the premises. The Municipality of Kincardine will waive admission fees for support persons who accompany a person with a disability, into facilities where admission is charged. (a) The Municipality may require advance notice to facilitate availability, etc. (b) Member of public should notify a staff member the presence of the support person. (c) If there is confidential information to be disclosed, consent must be received from the person with the disability. Service Animals For the purpose of this policy, a `service animal' is defined as either: (i) A "guide dog," as defined in section 1 of the Blind Persons Rights' Act; or (ii) A "service animal" for a person with a disability. For the purpose of this policy, an animal is a service animal for a person with a disability, (a) if it is readily apparent that the animal is used by the person for the reasons relating to his or her disability; or (b) if the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. The Municipality of Kincardine will ensure that a person with a disability is permitted to enter all Municipality of Kincardine owned and operated public facilities with the service animal and allowed to keep the service animal with him or her unless the service animal is otherwise excluded by law from the area. If a service animal is excluded by law from the premises, the Municipality will ensure that other measures are available to enable the person with a disability to obtain, use or benefit from the Municipality's goods or services. Temporary Service Disruptions If, in order to obtain, use or benefit from a provider's goods or services, persons with disabilities usually use particular facilities or services of the Municipality (i.e. elevator) and if there is a temporary disruption in those facilities or services in whole or in part, the Municipality of Kincardine shall give notice of the disruption to the public. Notice of the disruption must include information about the reason for the disruption, its anticipated duration and a description of altemative facilities or services, if any, that are available. Notice will be given by posting the information at a conspicuous place on premises owned or operated by the Municipality, as well as by posting it on the municipal website. If the Municipality of Kincardine website should expect a temporary service disruption, advance notice shall be provided on the website where possible, keeping with the conditions of the service disruption section of this policy. Training The Municipality of Kincardine shall ensure that the following persons receive training about the provision of its goods or services to persons with disabilities: (a) Every person who deals with members of the public or other third parties on behalf of the Municipality, whether the person does so as an employee, agent, volunteer or otherwise. (b) Every person who participates in developing the Municipality's policies, practices and procedures governing the provision of goods or services to members of the public or other third parties. The training will include a review of the purposes of the Accessibility for Ontarians with Disabilities Act and the requirements of applicable regulations and instruction about the following matters: (a) How to interact and communicate with persons with various types of disability, as outlined in this policy. (b) How to interact with persons with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person, as outlined in this policy. (c) How to use equipment or devices available on the Municipality's premises or otherwise provided by the Municipality that may help with the provision of goods or services to a person with a disability. (d) What to do if a person with a particular type of disability is having difficulty accessing the Municipality's goods or services. The training will be provided to each person as soon as practicable after he or she is assigned the applicable duties. The Municipality of Kincardine will retain records of the training, including details of the training provided, as well as the name of the persons trained, the location of training, and the date of the training.. The Municipality of Kincardine will customize the training going forward, based on the actual experiences of the persons with disabilities in Municipality of Kincardine owned or operated facilities and will provide training on changes to the policies, practices and procedures governing the provision of goods or services to persons with disabilities. Feedback Process The Municipality of Kincardine will receive and respond to feedback about the manner in which it provides goods or services to persons with disabilities. While the Municipality will provide a form for submitting feedback, it may be provided in person, by telephone, in writing, or by delivering an electronic text by email or on diskette or otherwise Should a member of the public wish to provide a suggestion on how to improve provision of goods or services to persons with disabilities: (a) Member of the public will inform Clerk of the suggestion who will discuss with the Manager responsible for the department. (b) Staff member will assist member of the public in filling out the form, should they require assistance. (c) Member of the public will be notified in a timely manner of how the Municipality of Kincardine will proceed with their suggestion. (d) Staff response should include: an explanation of how we will implement the suggestion, a response indicating further investigation or an explanation why we are unable to implement the suggestion. Should a member of the public wish to make positive feedback regarding provision of goods or services to persons with disabilities: (a) The feedback will be handled pursuant to the Municipality's Mail Procedure policy. Should a member of the public wish to make a complaint regarding the provision of goods or services to persons with disabilities: (a) The member of the public with the complaint or concern should have a discussion with the Manager of the staff person who was involved in the situation. (b) Should the discussion not resolve the complaint or the member of the public is uncomfortable discussing the issue, the member of the public should fill out a complaint form. A staff person can assist the member of the public with the complaint form in a manner that takes into consideration their disability. (c) The information to be documented on the complaint form by the member of the public shall include their personal contact information, the date, a description of the complaint, and what the member of the public requests to resolve the complaint. (d) The complaint shall be forwarded to the Clerk's Department to be dealt with as set out in the Municipality's Citizen Complaint policy, keeping in mind the principles of this policy when communicating with a person with a disability. Notice of Availability of Documents The Municipality of Kincardine will notify persons to whom it provides goods or services that documents associated with this policy are available upon request. This notice will be given by posting the information at a conspicuous place at the Municipal Administration Centre, by posting it on the municipal website, or by such other method as is reasonable in the circumstances. Format of Documents Should the Municipality of Kincardine be required to give a copy of a document to a person with a disability, the Municipality shall give the person the document, or the information contained in the document, in a format that takes into account the person's disability. Material printed in -house and publications produced on behalf of The Corporation of the Municipality of Kincardine should contain a note indicating, "alternate formats are available upon request" and include relevant contact information. The Municipality of Kincardine and the person with a disability will try to agree upon the format to be used for the document or information, subject to feasibility requirements of this policy. Alternative formats that should be considered by the Municipality of Kincardine and the person with the disability will include, but are not limited to: (i) Print Requests: Requests for alternative formats should be honoured in the most practical manner depending on the media chosen, the size and complexity of the document, the quality and source of the documents, the feasibility of the request (including the cost) and the number of documents to be converted. It should be noted that when request for one of these formats is received and deemed feasible, staff should make every attempt to respond to the request in the most practical manner and to the satisfaction of the requestor. If it is determined that the format requested is not feasible, then other alternative methods of providing the information should be explored that will still meet the needs of the requestor (e.g. Audio CD or explaining the information verbally etc.). (a) Staff members receives request from member of the public for alternative format. (b) Employee fills out alternative format request form. Forwards request to the responsible Manager. er. q P 9 (d) The responsible Manager and the Clerk will determine feasibility, and 1) if feasible, proceed with alternative format request; ii) if not feasible; contact individual with feasible solution. (ii) ASL Interpreter Request: (a) Employee receives request from public for ASL Interpreter. (b) Employee fills out alternative format request form. (c) Forwards request to the responsible Manager. (d) The responsible department contacts Canadian Hearing Society to make request. (e) Once Canadian Hearing Society confirms attendance of ASL Interpreter, the responsible department contacts individual. (f) If ASL Interpreter is not available, individual will be contacted with an alternative solution. Feasibility will be determined based upon cost in relation to size of document and time associated with processing document requests. The time frame attached to the conversion process varies depending on the media chosen, the size, complexity, quality of source documents and number of documents to be converted. Documents shall be returned in a timely manner depending on the factors previously noted. Conversion shall be processed in -house wherever possible. When a member of the public requests a record of the Municipality in a multiple format, the department of origin shall be responsible for the cost of the conversion, materials and distribution, not the public requestor. In -house printing, where possible, should adhere to the CNIB's Clear Print Standards. Assistive Devices The Municipality of Kincardine will allow persons with disabilities to use their own personal assistive devices to obtain, use or benefit from the goods or services offered by the Municipality of Kincardine. Should a person with a disability be unable to access the Municipality's goods or services through the use of their own personal assistive device, the Municipality of Kincardine will ensure the following steps are taken: (a) Determine if service is inaccessible, based upon individual requirements. (b) Assess service delivery and potential service options to meet the needs of the individual. (c) Notify person with disability of alternative service and how they can access the service, temporarily or on a permanent basis. Contact Information For more information about this policy, or questions related to accessibility at the Municipality of Kincardine, please contact us: Clerk Municipality of Kincardine 1475 Concession 5 RR# 5 Kincardine, ON N2Z 2X6 Phone: 519.396.3468 Fax: 519.396.8288 Email: clerk @kincardine.net Links Customer Service Standard, Ontario Regulation 429/07: http: / /www.e- Iaws.gov.on.ca /html /source /regs /english /2007 /elaws src regs_r07429_e.htm Accessibility for Ontarians with Disabilities Act, 2005: http : / /www.e- Iaws.gov.on.ca /html/ statutes /english /elaws_statutes 05a11_e.htm Ministry of Community and Social Services: http: // www.mcss.gov.on.ca /mcss /english /pillars /accessibilityOntario AccessON: www.accesson.ca PROPOSAL FORM - CONNAUGHT PARK WASHROOM UPGRADES CD- 2010 -01 (Negotiated 1) Page 1 of 6 PROPOSAL FOR: CD- 2010 -01 (Negotiated 1) Connaught Park Washroom Upgrades 133 Broadway Street, Kincardine ON SUBMIT TO: Municipality of Kincardine, Attn: Clerk's Department 1475 Concession 5, RR 5 Kincardine, Ontario N2Z 2X6 Bid Deposit of seven thousand ($7,000) dollars, as per Part 1.1.5 of Information for Bidders, must be submitted. We, the undersigned Se/.5 Co AlWe7 - 1G //U. of the 7 w,u n) or lC jn, have examined the proposal documents for the Connaught Park Washroom Upgrades including: Addenda No. dated Addenda No. dated We will supply the necessary materials and services at the costs listed below to complete �- the scope of work outlined in the said documents. de S o°Id The Stipulated Contract Price includes the cost of 100% Performance Bond and 100% all Permits, Insurance Premiums and all taxes on products and �� equipment. The total Stipulated Contract Price is made up of the following (all items must be priced as listed for municipal accounting purposes): Oc � f 10 TOTAL STIPULATED CONTRACT PRICE $ D90,65S, 00 TOTAL H.S.T. $ ' 35 (85.54 TOTAL STIPULATED CONTRACT PRICE (including taxes) $ �.. 305,84-3.5 4 • BREAKDOWN OF TOTAL STIPULATED CONTRACT PRICE $ / $ -r T TTl CONSTRUCTION OF WASHROOM FACILITY $ f IR . 4-0K, (excluding water, sewer & hydro servicing) H.S.T. $'3 9 a 4 $ HYDRO SERVICE $ 3 lo'c. to H.S.T. 1 1 15 ,5". - .1 -'z7 RENOVATION OF AGRICULTURAL HALL $ � . 1 0 0 0 H.S.T. $ 1/ , b r 3 '7.L L O - re -- R Pa o /dA x / 9 Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) PROPOSAL FORM - CONNAUGHT PARK WASHROOM UPGRADES CD- 2010 -01 (Negotiated 11 Page 2 of 6 The owner reserves the right to accept or reject all or any part of this Proposal and not necessarily accept the lowest or any of the prices submitted. Declarations: We hereby declare that we agree to perform the work and attain Substantial Performance / on /or before deb f da -1, 2011. l �° . �U No person, firm, or corporation other than the undersigned has any interest in this Q A 9 / Proposal or in the proposed contract for which this proposal is made. This Proposal is open to acceptance for a period of sixty (60) days from the date of submission. Signed, sealed and submitted for and on behalf of: Company: c < (Name) 9 Sib / LJWO 5 Ci i ) e - cC. ' 5 (Street Address or Postal Box Number) c; 0 Ai 27.. X21 (City, Province & Postal Code) (Apply Seal Above) Ala - 396 9 - 391 -- (Telephone) (Facsimile Number) r, 1 J Name & Title: STL�V E �C - L�li .� R 6 PR I Fr0 R, —ASS )bCkJr (Please print or type) "I have authority to bind the Corporation" Witness: /-Y —1A Dated at e/N cFfi4,W,./5, this 4 2 1 , ) day of 5Gt -2010 N.B. Where legal jurisdiction or Owner requirement calls for proof of authority to execute this proposal, proof of such authority in the form of a certified copy of a resolution naming the person or persons in question as authorized to sign this proposal for and on behalf of the Corporation or partnership must be attached. Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) PROPOSAL FORM - CONNAUGHT PARK WASHROOM UPGRADES CD- 2010 -01 (Negotiated 1) Page 3 of 6 The following is a listing of the sub - contractors to be employed on the work described above which, are identified below naming each subcontractor to be used in making up this Proposal and stating the portion of work allocated to each. Subcontractor Portion of Work Telephone No. iEMP COO sriai e: 1 "fi , L FILL- /9 ' ��' Jam° 5 5 (2z) DIMS ARrrisrieo ti C142PE& r Y LTD . � w E44-1.-5 �9 3 ti —5 L 7 SEL eon%Tr1 GriNC Iu c. 0 4, s ci g - 5 3 k6N F RRCLL- l R v (IAso 3 37 15 I ELtoNnencnr/4 Ac `,La FRAMIN "r m & ►'9r}Qr jar NcARUIi 6 --� r► re //41., � — �° 3 l"cel,6 RY R00 e") 5 -- I IS Jim Rh 7 $ tJ atir57720i1C1t1Ai(;) ;e r ) J9 394 - /8'(v Tim F7zpiri - kiex pkti r w —C 143 (P- JArnAY4 S19 - g3 P-- ✓739 3 u.. P R ei i' -LLEor{2( Pr' M � c..ecrRR rem 19 :45- 3 1, / (SEAL) COMPANY: gc" 41 a i _ i iN ( !V C � , SIGNATURE: �I� TITLE: 0 /L) PR /Ei C R -1 DATE: SEPi 7 ,vl" , Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) PROPOSAL FORM - CONNAUGHT PARK WASHROOM UPGRADES CD- 2010 -01 (Negotiated 1) Page 4 of 6 Note: If planning to provide Irrevocable Letter of Credit, confirmation from the applicable institution, on letterhead, must be provided. Bonding Companies may submit the Agreement to Bond on their standard forms provided they conform to the form below. AGREEMENT TO BOND We, the undersigned, hereby agree to become bound as Surety for: fi F-(- y Per Cent (so 70) in a Performance Bond totaling One Hundred Per Cent (100 %) of the contract amount arid -in- a- Lobour --a•- _ - u -• S••a _ ••- •• e V . - contract amount and conforming to the Instruments of the Contract attached hereto, for the A ( full and due performance and maintenance of the works shown and described herein, if / the Contract for: CD- 2010 -01 (Negotiated1) Connaught Park Washroom Upgrades 3 �2 Nit is accepted by the Owner. `/' . U It is a condition of this Agreement that if the above mentioned Contract is accepted, application for a Performance Bond and a Labour and Materials Payment -Bend must be made to the undersigned within thirty (30) days of the execution of the contract related thereto, otherwise this Agreement shall be null and void. DATED this day of , 2010 Name of Bonding Company Attorney -in -fact Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) PROPOSAL FORM - CONNAUGHT PARK WASHROOM UPGRADES CD- 2010 -01 (Negotiated 1) Page 5 of 6 BIDDER'S RESUME Name of Bidder's Company: ,gg76 ( ''Jen Cr l N G //t) C' How many years experience in subject industry? /3 List below the three largest and most recent contracts which are similar: COMPANY NAME CONTACT PHONE NO. YEAR C-7 l 57 e OT'T y) ,5/9 - ,94F - 7 1 7 1 7 aeci' Garb 6 GORP / 4PPn- 5/9- 36g ,Dv CRA)c-gA e f-P f-o2 /d ROLA 0 LE Bk'96 ,5- 5)6 6913 2-6 (x ozo This resume has been submitted by: 57 L ? 146 PI,) flog PE51 0 CAI I (NAME) (TITLE) (SIG • �'E) Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) PROPOSAL FORM - CONNAUGHT PARK WASHROOM UPGRADES CD- 2010 -01 (Negotiated 1) Page 6 of 6 REQUEST FOR PROPOSALS — DECLARATION (TO BE SIGNED AND SUBMITTED WITH PROPOSAL FORM) THIS PROPOSAL IS SUBMITTED BY gc 8'-L G/ /,)%R Inc T) , G /id G. TO THE MUNICIPALITY OF KINCARDINE 1. I 5% V Sg/ 5 gL OF ) &750 .0 ot‘i /Q$C'i , 1Ua / N c . /1/Nc., $/10/ I DECLARE that no person, firm or corporation other than the one whose signature or the signature of whose proper officers and the seal is or are attached below has any interest in this Request for Proposals or in the contract proposed to be taken. 2. I FURTHER DECLARE that this Request for Proposals is made without any connection knowledge, comparison of figures or arrangement with any other company, firm or person making a Request for Proposals for the same project and is in all respects fair and without collusion or fraud. 3. I FURTHER DECLARE that no, Employee of the Municipality, Elected Officials, other than the person(s) shown on the Form of Request for Proposals, is or will become interested directly or indirectly as a contracting part or otherwise in the performance of the contract or in the supplies, work or business to which it relates or in any portion of the profits thereof, or in any such supplies to be used therein or in any of the monies to be derived therefrom. 4. I FURTHER DECLARE that the several matters stated in the said Request for Proposals are in all respects true. 5. I FURTHER DECLARE that I have carefully examined the Request for Proposals, Information for Bidders, General Conditions, the Final Drawings and Specifications, the Proposal Form, and hereby acknowledge the same to be part and parcel of any contract to be let for the project therein described or defined and do all the work and to provide the services, materials and equipment of the project mentioned for the prices stated on the Proposal Form. 7. I FURTHER DECLARE that this offer is to continue open to acceptance until the formal contract is executed by the successful Bidder for the said project OR for a period of sixty (60) days after the submission date, whichever first occurs and that the Municipality may, at any time, within that period, without notice, accept this Proposal whether any other Proposals have been previously accepted. 8. I FURTHER DECLARE that the awarding of the contract based on this Request for Proposals by the Municipality shall be an acceptance of this Proposal. 9. I FURTHER DECLARE that in the event of default or failure on our part, that the Municipality shall be at liberty to advertise for new Request for Proposals, or to carry out the works in any other way they deem best, and I also agree to pay to the said Municipality the difference between this Proposal and any greater sum which the said Municipality may expend or incur by reason of such default or failure or by reason of such action as aforesaid, on their part, including the cost of any adverb = : nt . -w Request for Proposals; and to indemnify and save harmless the said Municipality and their ' . -r�) - loss, damage, cost charges and expenses which they may suffer or be put to by reason of a ' • •,= - • ailure on our part. j rAt - KR.Mc-1 '1 A) /Lic. A &is g (COMPAN (SIGNA Y R I (PRINT NAME) /,'` 5 §'Y /m' u P/ 5 ,136 (ADDRESS) (TITLE) -/d G fhJ- �n�'>"R ,:16417 B (WITNESS) A1 ,2,Z. ? � 6 5 -p r. 9 , QQ3 /0 (POSTAL CODE) (DATED) / Municipality of Kincardine Project Name: Connaught Park Washroom Upgrades Project No.: CD- 2010 -01 (Negotiated 1) , :41.,!gF01;4!„..11.,,,,t,i1,:rff.,,,,,,,,1•,..,=',.,...,.' 44• �Jfyru° C 'yt r A � * y�r� may- '� y • 1 7} S R �, ,�`, is 2°r . �i' W J. Q ,, ,, .. �, ; ca v' �,. r ., : µ ti r ', :; f ", ;:00,14; u' F ��. ' • _-. S OF � �h _ � � -,..z...,.,'....,;,..,....,,,,, �:�• : PROPOSED W . � � � , ��� �� "- : OOT TY'` yy ie +, . a r Vr► � v ,:: , ,:. . ""''' , yw h� fir r .r : u } . r WASHROOM '' t " , *5 n r,Y 34, y M u. f f. Or r y i, �,::41; x. d ,, :art . ¢Y �, x it — a a '!" s ,. . t . \ 1134 • ' ' i'',%___,,': • ..' ''' ''' . l try y k