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HomeMy WebLinkAboutBy-law No. 2022-032THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-032 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND ELGIN PROPERTY MAINTENANCE FOR PROVISION OF WASHROOM MAINTENANCE SERVICES WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for the provision of Washroom Maintenance at the following Municipal owned locations in the Municipality of Bayham; o Port Burwell East Beach, 1 Robinson Street, Port Burwell, ON; and o Port Burwell Community Park, 55461 Nova Scotia Line, Port Burwell, ON AND WHEREAS RFP-21-01 was awarded to PK Property Maintenance and an agreement executed for washroom maintenance services on April 1, 2021; AND WHEREAS PK Property Maintenance requested termination of its contract with the Municipality on March 23, 2022; AND WHEREAS Council received report PS-08/22 on April 7, 2022 indicating interest from Elgin Property Maintenance to take over these services; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between the Municipality of Bayham and Elgin Property Maintenance for the provision of washroom maintenance services; THAT By-law No. 2021-023 be repealed; THAT this By-law shall come into full force and effect on May 1, 2022. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5th DAY OF MAY, 2022. MAYOR AGREEMENT PORT BURWELL EAST BEACH & PORT BURWELL COMMUNITY PARK WASHROOM MAINTENANCE THIS AGREEMENT DATED THE DAY OF May, 2022 BETWEEN: The Corporation of the Municipality of Bayham (Hereinafter called the "Municipality" of the First Part and Elgin Property Maintenance (Hereinafter called the "Contractor") of the Second Part WHEREAS The Municipality contracts for Washroom Maintenance at the following Municipal owned locations: Port Burwell East Beach, 1 Robinson Street, Port Burwell, ON; and Port Burwell Community Park, 55461 Nova Scotia Line, Port Burwell, ON. NOW THEREFORE IN CONSIDERATION OF the mutual covenants herein contained, the payments required hereby, and such other consideration as the parties hereto deem acceptable, the parties agree as follows: Section 1-Definitions For the purposes of this Agreement, 1 1, "Council" shall mean the Council of the Corporation of the Municipality of Bayham; 1.2 "CAOICIerk" shall mean the Chief Administrative OfficerlClerk of the Municipality of Bayham or designate; Section 2 -General Provisions 1 The Contractor shall be solely responsible for Port Burwell East Beach, 1 Robinson Street, Port Burwell, ON & Port Burwell Community Park, 55461 Nova Scotia Line, Port Burwell, ON Washroom Maintenance within the Municipality of Bayham for a four (4) year time period from 2022 - 2025 in accordance with this Agreement with two additional one year municipal mutual options to extend the contact, and agrees to carry out said services in accordance with this Agreement and in accordance with the reasonable directions given by the Manager of Public Works, or designate from time to time. .2 Pursuant to Section 2.1 of this Agreement should the contract be extended for the option years, the 2025 fees, indicated in Appendix 'C' shall be indexed by 1.5% in 2026 and an additional 1.5% in 2027. 2.3 The Contractor hereby covenants to perform such services in accordance with the Service Guideline attached hereto as Appendix'A'. This appendix maybe modified only upon mutual written agreement. 2.4 The Municipality hereby covenants to pay the agreed upon price as per Appendix 'C' to the Contractor thirty (30) days from the receipt of invoice for services Invoices will be based on actual services provided the previous month. 2.5 The Contractor shall be responsible for any damage made to Municipal or private property. Any damage will be repaired at the expense of the Contractor and approved by the Municipality. 2.6 iThe Contractor shall maintain and pay for Comprehensive General Liability Insurance in an amount of not less than two million ($2,000,000.00) naming the Municipality of Bayham as an additional insured in respect of all operations performed by or on behalf of the Municipality. The coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days prior written notice to the Municipality. A Certificate of Insurance shall be filed with the Municipality upon the signing of the Agreement and annually thereafter throughout the term of the Agreement. 2.7 The Contractor shall furnish to the Municipality, upon the execution of this Agreement, copies of the certificate of Insurance showing it has complied with the provisions of Section 2.6 including naming the Municipality as an additional inured. 2.8 The Contractor shall agree to fulfil all of his obligations in compliance with the Occupational Health and Safety Act and further agrees to take responsibility for any health and safety violation that may occur. The Contractor shall indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality. 2.9 The contractor shall provide a Certificate from Workplace Safety and Insurance Board indicating that all payments by the Contractor to the WSIB in conjunction with this Agreement have been made and that the Municipality will not be liable to the Board for future payments in connection with the Agreement. The Certificate shall be provided upon signing of the Agreement and yearly thereafter until the expiry or termination of this Agreement. 2.10 The Contractor shall indemnify and save harmless the Municipality from all injuries and accidents from any work undertaken as a result of this Agreement save and except from damage caused by the negligence of the Municipality or their employees. Section 3 -Administration 3,1 This Agreement shall take effect on the 1 st day of May, 2022 and shall remain in effect for a period of four (4) years. 3.2. Payment shall be made in accordance with the attached Appendix'A' net thirty (30) calendar days following receipt of invoice. 3 The Municipality or Contractor may terminate this Agreement upon forty-five (45) days notice in writing to the other party. Such notice may be mailed by ordinary prepaid mail to the other party, and this Agreement shall terminate on the forty-fifth day following the date of the mailing. 3A Any notice required to be given under this Agreement must be in writing to the applicable address set out below: in the case of the Municipality: Attention: CAOICIerk Municipality of Bayham PO Box 160 56169 Heritage Line Straffordville, ON NOJ 1Y0 Office: (519) 866-5521 (b) in the case of the Contractor: Attention: Elgin Property Maintenance 50088 Glencolin Line Aylmer, ON N5H 2R3 Section 4 - Agreement Definition 4.1 In construing this Agreement, words in the singular shall include the plural and vice versa and words importing the masculine shall include the feminine, and the neuter and vice versa, and words importing persons shall include corporations and vice versa. IN WI7JESS WHEREOF the parties have duly executed this Agreement this _ ' ` day of May, 2022. Authorized by ', THE CORPORATION OF THE Bayham By-law No. 2022-0� i MUNICIPALITY OF BAYHAM IN WITNESS WHEREOF the party of the Second Part has hereunto set their hand and seal. SIGNED, SEALED AND DELIVERED, this day of May, 2022. In the presence of i Witness Elgin Property Maintenance Appendix "A" Port Burwell East Beach & Port Burwell Community Park Washroom Maintenance SCOPE OF WORK 1. GENERAL 1A Except as otherwise expressly provided herein, the contractor shall furnish all the necessary labour, materials and equipment to perform the work specified in this contract. 1.2 The contractor shall be solely responsible for loss or damage of his equipment and for any material delivered to him from whatsoever source, 1.8 The contractor shall be responsible for all damages caused during the execution of the work and shall impose as little inconvenience as possible on the residents during the performance of this contract, 1.4 All work performed by the contractor shall be executed to the satisfaction of the municipality. 1.5 A daily log of all activities shall be maintained by the contractor and submitted with each invoice. 1.6 Failure to provide and maintain a standard of service and workmanship acceptable to the Municipality of Bayham Manager of Public Works will, at his discretion, result in an alternate contractor being hired to do the work with the cost of the same deducted from payment to the original contractor. Repeated failure to meet municipal standards of service will result in termination of the contract. 2. DESCRIPTION OF WORK —Washroom and Water Refill Station 2.1 Open washroom doors daily at 8:00 am and lock daily at 9:00 pm 2.2 At each washroom cleaning confirm the Water Refill Station is working by flowing water through the refill port as well as the fountain. If the unit is not operating, check the GFI receptacle it is plugged into inside the mechanical room. Wipe down the unit with a sanitizing wipe or a chlorine solution to keep it in a sanitary condition. Log dates/times of the checks, confirmation that the unit is working and of sanitation process. Log may be left in mechanical room. 2.3 Scrub toilets and sinks, clean counter tops and floors, and clean the facility prior to opening or following closing plus a minimum of twice daily and as required. 2.4 Ensure supplies including toilet paper and paper hand towels are in place. 2.5 Remove all waste from receptacles in facilities and locations and transport to Public Works yard dumpsters and recycling bins at 8354 Plank Rd. 2 G Remove all waste and recycling from the receptacles in each location which includes but is not limited to: * Port Burwell Beach Area * East Beach Washrooms * Mid -parking Lot * Accessible Viewing Platform * Pier * Other locations as added. 2.7 Clean litter and any broken glass around the facilities and beach area. 2.8 Sweep sidewalks clear of sand. .� Additional cleaning items as requested or approve by Public Works Manager. 3. SUPPLIES The Municipality will supply toilet paper, paper hand towels (if required), cleaning or sanitizing agents, scrub brushes, plungers etc. for washrooms. 4. SERVICE PERIOD I The services for the Port Burwell East Beach, 1 Robinson Street, Port Burwell, ON and Port Burwell Community Park, 55461 Nova Scotia Line, Port Burwell, ON Washroom Maintenance shall be provided seven (7) days per week, commencing May 1 st and terminating September 30th each year. The service period may be extended by mutual agreement in writing. Appendix `B' PORT BURWELL EAST BEACH & PORT BURWEL COMMUNITY PARK WASHROOM MAINTENANCE PROPOSAL SUMMARY FORM LIST OF EXPERIENCE Appendix `C' The Corporation of the Municipality of Bayham Proposal Port Burwell East Beach and Port Burwell Community Park Washroom Maintenance Proposal Summary WEEKLY FEE FOR SERVICES Port Burwell East Beach & Port Burwell Community Park Washroom Maintenance Hourly Rate for Extra Items Sub Total HST TOTAL Closing Date: 11:00 a.m. March 22, 2021 Date: Company Name: Address: Telephone: Fax: Signed:_ Print: NOTES: 1. Highest or any proposal not necessarily accepted The Corporation of the Municipality of Bayham Proposal Port Burwell East Beach & Port Burwell Community Park Washroom Maintenance List of Experience The following is the experience of the proponent in providing similar services: To be completed and returned with proposal.