HomeMy WebLinkAbout19 015 BEC Tower Upgrades and Re-Coating Project (Landmark Municipal Services) Tender Acceptance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2019 - 015
BEING A BY-LAW TO ACCEPT A TENDER FOR BRUCE ENERGY CENTRE
(BEC) TOWER UPGRADES AND RE-COATING PROJECT
(Landmark Municipal Services)
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 it has been determined that there is a need the BEC Tower
upgrades and re-coating project as outlined in Report PWD 2019-05;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of Landmark Municipal Services for the BEC Tower
upgrades and re-coating project, in the amount $351,479.04 including the
non-refundable portion of HST, be hereby accepted as per the tender
agreement attached hereto as Schedule "A".
2. That the Mayor and Chief Administrative Officer be authorized and directed
to execute on behalf of The Corporation of the Municipality of Kincardine,
any contracts and other documents required to authorize such work to
111 commence.
3. This by-law shall come into full force and effect upon its final passage.
4. This by-law may be cited as the "BEC Tower Upgrades and Re-Coating
Project (Landmark Municipal Services) Tender Acceptance By-law".
READ a FIRST and SECOND TIME this 6th day of February, 2019.
READ a THIRD TIME and FINALLY PASSED this 6th day of February, 2019.
Mayor Clerk
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' AGREEMENT
CONTRACT NO. 18030
THIS AGREEMENT MADE IN TRIPLICATE THIS 7th
DAY OF February , 2019.
' BETWEEN:
MUNICIPALITY OF KINCARDINE (hereinafter called "the Owner")
1475 Concession 5,R. R. 5 OF THE FIRST PART
Kincardine, ON N2Z 2X6 - and-
111 LANDMARK MUNICIPAL SERVICES ULC (hereinafter called "the Contractor")
3091 Harrison Court OF THE SECOND PART
' Burlington,ON L7M OW4
' WITNES SETH
That the Owner and the Contractor, in consideration of the fulfilment of their respective promises and
' obligations herein set forth covenant and agree with each other as follows:
' ARTICLE 1
a) A description of the work is:
Kincardine, Kincardine Bruce Energy Centre(BEC), Elevated Water Tower Upgrades and
Re-Coating,Contract No. 18030.
b) The Contractor shall, except as otherwise specifically provided, at his own expense,provide
all and every kind of labour, machinery,plant, structures, roads,ways, materials, appliances,
' articles and things necessary for the due execution and completion of all the work set out in
this contract and shall forthwith according to the instructions of the Contract Administrator
' commence the works and diligently execute the respective portions thereof and deliver the
works complete in every particular to the Owner within the time specified.
' ARTICLE 2
In case of any inconsistency or conflict between the provisions of this Agreement and the Plans, or
Specifications or General Conditions, or Tender, or any other documents or writing,the provisions of
such documents shall take precedence and govern in the following order; namely,
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' a) Agreement
b) Addenda
' c)
d) Special Provisions
Contract Drawings
e) Information to Bidders
II) Standard Specifications
g) Standard Drawings
h) Form of Tender
' i) Supplemental General Conditions
j) General Conditions
k) Working Drawings
ARTICLE 3
The Contractor shall not without the consent in writing of the Owner(or the Engineer) and
without restricting in any way the provisions of the General Conditions attached hereto make any
assignment of any part or the whole of any monies due or to become due under the provisions of
this contract.
ARTICLE 4
The Owner covenants with the Contractor that the Contractor having in all respects complied
with the provisions of this contract,will be paid for and in respect of the works at the tendered
lump sum or unit prices after measurement approved by the Contract Administrator,the total
' which is presently estimated to be the sum of
Three Hundred Ninety Thousand,Three Hundred Two Dollars and Zero Cents
($390,302.00)
subject to such additions and deductions as may properly be made under the terms hereof,
subject to the provision that the Owner may make payments on account monthly or otherwise as
may be provided in the attached hereto.
ARTICLE 5
Where any notice,direction or other communication is required to be or may be given or made
by one of the parties hereto to the other or to the Contract Administrator, it shall be deemed
' sufficiently given or made if mailed or delivered in writing to such party or to the Contract
Administrator at the following address:
B. M. ROSS AND ASSOCIATES LIMI'T'ED
Engineers and Planners
62 North Street
' Goderich, ON N7A 2T4
Where any such notice, direction or other communication is given or made to the Contract
' Administrator, a copy thereof shall likewise be delivered to any agent of the Contract
Administrator appointed in accordance with the General Conditions of this Contract and where
any such notice, direction or other communications is given or made to such Agent, a copy
thereof shall likewise be delivered to the Contract Administrator.
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ARTICLE 6
A copy of each of the General Conditions, Supplemental General Conditions, Special Provisions,
Addenda,Tender, Information to Bidders, and Supplemental Specifications is hereto annexed
and together with the Plans relating thereto and listed in the Specifications are made part of this
Contract as fully to all intents and purposes as though recited in full herein.
ARTICLE 7
No implied contract of any kind whatsoever by or on behalf of the Owner shall arise or be
implied from anything in this contract contained, nor from any position or situation of the parties
at any time, it being clearly understood that the express covenants and agreements herein
contained made by the Owner shall be the only covenants and agreements upon which any rights
against the Owner may be founded.
ARTICLE 8
Time shall be deemed the essence of this Contract.
ARTICLE 9
The Contractor declares that in tendering for the works and in entering into this Contract,he has
either investigated for himself the character of the work and all local conditions that might affect
his tender or his acceptance of the work, or that not having so investigated,he is willing to
assume and does hereby assume all risk of conditions arising or developing in the course of the
work which might or could make the work or any items thereof, more expensive in character, or
more onerous to fulfill than was contemplated or known when the tender was made or the
Contract signed. The Contractor also declares that he did not and does not rely upon information
furnished by any methods whatsoever by the Owner or its officers or employees,being aware
that any information from such sources was and is approximate and speculative only, and was
not in any manner warranted or guaranteed by the Owner.
ARTICLE 10
The Contractor declares that in entering into this Contract,he shall uphold the obligations of the
Ontario Human Rights Code,the Occupational Health and Safety Act,the Employment
Standards Act,the Accessibility for Ontarians with Disabilities Act,the Criminal Code of
' Canada and the Charter of Rights and Freedoms. In addition,he shall uphold any obligations
established by the Owner's policies which prohibit harassment/discrimination on a number of
grounds including political affiliation and the level of literacy.
WHERE LEGALLY MANDATED, the Contractor shall have in place the necessary policies,
programs, information, instruction,plans and/or other supports that are consistent with his
obligations and he shall have an internal process available for employees and service recipients
to prevent, address and remedy discrimination,racism,harassment,hate and inaccessibility
complaints. The Contractor agrees that he shall, upon request by the Owner,provide evidence of
the policies,programs, information, instruction, plans and other supports and an appropriate
internal complaint resolution process required under this Declaration which is sufficient to allow
the Owner to determine compliance. The Contractor acknowledges that failure to demonstrate
' compliance with this declaration, to the satisfaction of the Owner, may result in the termination
of the contract.
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IARTICLE 11
This contract shall apply to and be binding on the parties hereto and their successors,
administrators, executors and assigns and each of them.
I 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 officer, as the case may be.
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IFOR THE OWNER:
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Signature Name Title Da;
II/We have the authority to bind the corporation.
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Signature Name Title Date
II/We have the authority to bind the corporation.
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FOR THE CONTRACTOR:
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I/We have the authority to bind the corporation.
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ISignature Name Title Date
I/We have the authority to bind the corporation.
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MUNICIPALITY OF KINCARDINE
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.
Accordingly, a corporate health and safety policy and procedure manual has been adopted and
implemented and shall be adhered to.
ALL CONTRACTORS SHALL:
1. Demonstrate establishment and maintenance of health and safety program with objectives
and standards consistent with applicable legislation and with the Municipality of
Kincardine's health and safety policies and requirements.
2. Submit a copy of past accident records and Worker's 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.
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MUNICIPALITY OF KINCARDINE
OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM
1 I have read the"Municipality of Kincardine, Notice to All Contractors, Corporate Statement of
Occupational Health and Safety"and agree to comply with it.
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Contractor's Name Date
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