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HomeMy WebLinkAbout14 102 Kincardine Cemetery Expansion - Phase 3 (SMC Project Realization and Management Inc.) Tender Acceptance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT ,)A ' � N /( �(ITY OF IIMCP� B - LAW NO. 2014 -102 BEING A BY -LAW TO ACCEPT A TENDER FOR THE KINCARDINE CEMETERY EXPANSION — PHASE 3 (SMC Project Realization and Management Inc.) WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted • broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS The Corporation of the Municipality of Kincardine is the owner of certain lands within the Municipality of Kincardine and has designated such lands as the Kincardine Cemetery; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine acknowledges the need for the installation of a new Columbarium, unit paving and steps, benches and planting bed preparation at the Kincardine Cemetery as outlined in Report No. PW 2014 -12; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of SMC Project Realization and Management Inc. for the • Kincardine Cemetery Expansion — Phase 3, in the amount of $63,335.42 (includes applicable taxes), be hereby accepted. 2. That the amount over the approved 2014 budget be funded from Fund 74 Cemetery Reserve Fund. 3. That the Mayor and Chief Administrative Officer be authorized and directed to execute on behalf of the Council of The Corporation of the Municipality of Kincardine, any contracts and other documents required to authorize such work to commence. 4. This by -law shall come into full force and effect upon its final passage. 5. This by -law may be cited as the "Kincardine Cemetery Expansion — Phase 3 (SMC Project Realization and Management Inc.)Tender Acceptance By- law". READ a FIRST and SECOND TIME this 9th day of July, 2014. • READ a THIRD TIME and FINALLY PASSED this 9th day of July, 2014. M, • r Clerk Kincardine Cemetery Expansion — Phase 3 (SMC Project Realization and Management Inc.) Tender Acceptance By -law By -Law No. 2014 - 102 CONTRACT DOCUMENT: SMC PROJECT REALIZATION AND MANAGEMENT INC.. Project: Kincardine Cemetery Expansion — Phase 3 Refer to Page CF- 6 for signed contract Between Owner Municipality of Kincardine and Contractor SMC Project Realization and Management Inc Filed under separate cover in Administration File — CO1 in Central Records: Titled: Municipality of Kincardine By -Law No. 2014 - 102 BEING A BY -LAW TO ACCEPT A TENDER FOR THE KINCARDINE CEMETERY EXPANSION — PHASE 3 SMC Project Realization and Management Inc.) Cited as: Kincardine Cemetery Expansion — Phase 3 (SMC Project Realization and Management Inc.) Tender Acceptance By -law Dated: 9 day of July, 2014 CONTRACT FORM Page CF - 1 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT made in duplicate on the.. . day of a 1 .... in the year TWO THOUSAND and FOURTEEN by and between CORPORATION OF THE MUNICIPALITY OF KINCARDINE herein (and in General Conditions) called the "Owner ", and SMC PROJECT REALIZATION AND MANAGEMENT INC. herein (and in the General Conditions) called the "Contractor ", WITNESSETH: That the Owner and the Contractor undertake and agree as follows: ARTICLE 1 The Contractor shall: 1. provide all the materials and perform all the work shown on the Drawings and describe in the Specifications titled KINCARDINE CEMETERY EXPANSION — PHASE 3 which have been signed in duplicate by both parties, and which were prepared by STEMPSKI KELLY ASSOCIATES INC acting as, and herein (and in the General Conditions) titled, the "Consultant ", and 2. do and fulfill everything indicated by this Agreement, and 3. complete substantially as certified by the Consultant, all work specified herein by Friday, September 19, 2014 Page CF - 2 ARTICLE 2 The General Conditions, the Special Provisions, and Specifications and Drawings, the Information to Tenderers, and Tender and Addenda to this Agreement, are all to be read into and form part of this agreement and the whole shall constitute the Contract between the parties and it shall ensure to the benefit of and be finding upon them and their successors, executors, administrators and, subject to Section 42 of the General Conditions, their assigns. In the event that any of the Contract documents are inconsistent of in conflict, then such documents shall take precedence and govern in the following order: 1. This Agreement 2. Addenda, if any 3. Information to Tenderers 4. Special Provisions 5. General Conditions 6. Specifications 7. Drawings (listed in the List of Drawings) 8. Tender ARTICLE 3 1. The Owner shall pay to the Contractor in lawful money of Canada for the performance of the Contract, the sum of...Seventy Thousand Three Hundred Thirty One and 20/100 ($...70,331.20...) subject to such additions and deductions as may properly be made under the terms of this Contract. 2. If the Owner orders, in writing, the performance of any work not covered by the Drawings or included in the Specifications that cannot be classified as coming under any of the Contract units and for which no unit price, lump sum, or other basis can be agreed upon, then such extra work shall be performed on a Cost Plus Percentage basis as provided for in Article 5, hereof. ARTICLE 4 1. The Owner shall: a) pay on account and within the time stipulated in Section 27 of the General Conditions and subject to the provisions of Section 19 of the Information for Tenderers, an amount equal to the value of the work completed at cost less then percent (10 %) holdback, up to and including the last day of the month preceding, as invoiced by the Contractor and approved by the Owner, less the Aggregate of the pervious payments; and b) On Substantial Performance of the entire work, and one day after all lien right have expired in accordance with the Builder's Lien Act, and all amendments hereto, pay the balance owning under the Contract for all work completed to Page CF - 3 the date of Substantial Performance subject to the condition of Section 19, Information to Tenderers, less the amount equal to the sum of the value off the incomplete work and the amount retained by the Owner for maintenance security. c) Release of Holdbacks and Maintenance Period In accordance with the Builder's Lien Act, reduction of holdback from ten (10) percent to two and one -half (2 '/2) percent may be made at a time when all liens that may be claimed against the holdback have expired. This time period is normally at the conclusion of the forty five (45) day period following the published declaration of substantial performance of the Contract of the date the Contract is completed or abandoned, which ever occurs soonest (Written Preliminary Acceptance). The remaining balance of the Contract monies due to the Contractor shall be paid on certificate of the Owner at the expiration of the period of guarantee (Written Preliminary Acceptance). The Contractor shall maintain in the works and every part thereof in perfect order and in complete repair during the space of twelve (12) months from the date of the Contract completion (Written Preliminary Acceptance). The Contract is deemed complete when the outstanding work (and /or correction of known defects) can be completed for one percent of the Contract price or $1000, whichever is less. The contractor will make good in a permanent manner satisfactory to the Owner any and all damage or injury to the works both during their construction and during the period of maintenance as aforesaid and, should the Contractor from any clause fail to do so when ordered, then the Owner at his opinion, after giving the Contactor twenty four (24) hour's notice, may do so and the whole costs, charges and expenses so incurred may be deducted or collected by the Owner. The decision of the Owner is to be final as the necessity of repair of any work done or requited to be done under the provisions of this or any other clauses in the Contract and for the amounts expended thereunder. The following documentation is to be submitted by the Contractor prior to the issuance of the completion certificate for holdback reduction: a) Statutory Declaration Form; b) Worker's Compensation Certificate; c) Fair Wage Affidavit; d) Copy of Certificate published in Trade Newspaper (as requested in the Construction Lien Act). 2. Notwithstanding the provisions contained in clause 1(a) above: If on account of climatic or other conditions reasonably beyond the Contractor's control, there are items of work that cannot readily be completed, the payment in full for the work which has been completed, shall not be delayed on account thereof; but the Page CF - 4 Owner may withhold a sufficient and reasonable sum, as determined by the Consultant until the uncompleted work is finished and such sum as will adequately protect the Owner against liens. ARTICLE 5 Extra work performed pursuant to clause 2 of Article 3 for which no unit price, lump sum or other basis is agreed upon shall be performed on a Cost Plus Percentage basis of payment as set out below: 1. The cost of the work shall consist of: a) Direct wages and salaries of workmen, equipment operators, foreman, superintendents, clerks and such other personnel, as may be specifically approved by the Owner, employed directly on the extra work at the site, plus fifteen percent (15 %) of the wages and salaries as compensation for all benefits and assessments provided to or required in connection with the personnel employed; b) Applicable living and traveling allowances provided to the personnel referred to above; c) Cost of materials installed in or used in connection with the work (excepting materials paid for under other provisions or supplied by the Owner) and applicable sales taxes; d) Rentals of construction plant and equipment employed on the work are in accordance with rental agreements approved by the Owner for items not covered by such schedule (rental rates shall not include operator), and transportation to and from the site, assembling and dismantling as required, provided the said equipment must be brought to the site specifically for extra work; e) Payments to subcontractors, determined as set out herein or by agreed to unit or lump sum prices. 2. The fee applicable to items listed in clause 1 shall be based in: 15 percent of item (a), and 5 percent of items (b), (c), (d), and (e); and shall be full compensation for all other costs, overhead and profit. 3. The Contractor shall keep daily records of time and materials expended on extra work which shall be checked and confirmed by the Owner at the time the work is performed. Records shall be supported by invoices, payroll records and other data necessary to substantiate the amounts for payment. Page CF - 5 All accounts for extra work shall be subject to the approval of the Consultant as applicable to the extra work. ARTICLE 6 In the event that all wok called for under the contract is not completed by the date of completion set out above (or as extended in accordance with the Contract), damage will be sustained by the Owner and it will be impracticable and extremely difficult to ascertain and determine the actual damage which the Owner will sustain in such event and accordingly, the parties hereto further agree that the Contractor will pay to the Owner the sum of Three Hundred and Fifty Dollars ($350.00) per day as liquidated damages for each and every calendar day delay in completing the work beyond such date, the said sum being a genuine estimate of the actual damage which the Owner will sustain in such event. ARTICLE 7 Time shall be deemed to be of essence in this Contract. The Contractor shall meet the Substantial Completion date as specified in Article 1. ARTICLE 8 All communications in writing between the parties or between them and the Consultant shall be deemed to have been received by the addressee if delivered to the individual or to a member of the firm or to an officer of the Corporation for whom they are intended or if sent by post addressed as follows: The Owner at: Municipality of Kincardine 1475 Concession 5, RR #5 Kincardine, Ontario N2Z 2X6 Tel. (519) 396 3468 The Contractor at: SMC Project Realization and Management Inc. 5 -18 Ringwood Drive Stouffville, Ontario L4A OB1 Tel. (647) 983 9798 The Consultant at: Stempski Kelly Associates Inc. 160 St. David St. South, Suite 202 Fergus, Ontario N1M 2L1 Tel. (519) 787 4313 Page CF - 6 IN WITNESS WHEREOF the parties hereto executed the Agreement the day and year first above written, and have hereunto affixed their corporate seals as attested by their proper signing officers in that behalf. SIGNED, SEALED, AND DELIVERED (Owner:`• ( ( (seal) ( ( ( ( (Contractor: (SkAG ro t (c and kAatleSeryerrt n� ( (seal) ( Ron S. Cap- ! }Cjr, frreP,..tC3exit