HomeMy WebLinkAboutBy-law No. 2023-033THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-033
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND MOBIL SERVICES
INC. FOR BRIDGE WASHING SERVICES
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS RFT-22-01 Bridge Washing Tender was issued on Wednesday, July 27,
2022 and closed on Thursday, August 25, 2022;
AND WHEREAS One submission was received from Mobil Services Inc.;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Mobil Services Inc. for the provision of Bridge Washing
Services;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. 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
Corporation of the Municipality of Bayham and Mobil Services Inc.;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4t" DAY OF
MAY, 2023.
Schedule 'A' to By -Law 2023-033
BETWEEN:
THIS AGREEMENT DATED THE DAY OF 72023
MOBIL SERVICES INC.
(Hereinafter called the "Contractor")
and
of the First Part
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(Hereinafter called the "Municipality")
of the Second Part
WHEREAS The Municipality contracts for the Bridge Washing Services at various locations within the
Municipality;
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 "Manager of Public Works" shall mean the Manager of Public Works of the Municipality of
Bayham or designate;
Section 2 - General Provisions
2.1 The Contractor shall be solely responsible for the bridge washing services within the
Municipality of Bayham for the time period of January 1, 2023 to December 31, 2024 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.
Item
No.
Description
1
Port Burwell (county Rd. 42) between Chatham and
Robinson St.
2
Glen Erie Line (county Rd.42) between Plank Rd. and
Clarke Rd.
3
Vienna north and south along Plank Rd between
Chapel St. and Chute Line
4
Calton Line (county Rd. 45) between Dennis Rd. and
Richmond Rd
5
Richmond Rd. (county Rd. 43) north and south
between James Line and Heritage Line (county Rd.
38
6
Culloden Rd. (county Rd. 46) between Heritage Line
and Otter Gate Line
7
Eden Line (county Rd. 44) between Sandytown Rd.
and MurrayRd.
8
Plank Rd. (county Rd. 19) between Black Bridge Line
and Maple Grove Line
Edison Dr. Between Queen St. and Dead End
10 Carson Line between Plank Rd. and Hwy 3
11 Light Line between County Rd. 55 and Tollgate Rd.
12 Tunnel Line between County Rd. 55 and Godby Rd
13 Godby Rd. between Tunnel Line and Glen Erie Line
1?- I Clarke Rd. between Tunnel Line and Glen Erie Line
2 At mutual agreement between the Municipality and Contractor, the Term may be extended for
two one-year periods at an agreed -upon 1.5 percent per year as outlined in Appendix "A".
. " The Contractor shall supply all labour, equipment and materials required to clear the bridges of
all accumulated sand/gravel and salt (collectively referred to as debris) on the bridge structure.
In order to limit the migration of these materials, the contractor is to first remove as much of the
debris as possible prior to washing the structure. The Contractor is required to remove and to
properly dispose of all debris from the bridge structure.
24 The Contractor shall clean the structure including all structural components using high
pressure water washing that will render all those components free of dirt, debris and salt
residue.
2 r Bridge Washing shall include, but is not limited to, the cleaning of the bearings, approaches,
joints, curbs and gutters attached to the structure, hand rails, barrier walls, light standards, sign
supports, bearing seats, deck drains, sidewalks, curbs, structure components, railings and the
deck surface.
2.t: It is the Municipality's intent to power sweep the structures prior to the commencement of the
bridge washing. The Municipality sweeps the structures early in the spring to facilitate good
drainage. This work shall not, in any way, alleviate the contractor from their obligation to
remove any unwanted debris on the structure prior to undertaking the bridge washing.
2.7 The Contractor is required to submit inspection reports for each structure detailing the work
completed and identifying any bridge deficiencies or damages which were found during the
work. A sample report may be obtained from the municipality prior to the commencement of
work.
2.8 The Contractor shall supply a competent supervisor as defined by OHSA and operators(s)
suitably trained and experienced to perform and monitor the process of sweeping and pressure
washing processes. The contractor is responsible for all signage and traffic control during
bridge washing.
2.9 The Contractor shall supply pressure washing equipment including pump, spray wand, nozzle,
hoses, valves, on/off controls suitable to perform the required operation. The minimum
acceptable requirements for pressure washing equipment are 520kPa (75 PSI) with a volume of
225 litres (50 gallons) per minute, continuous running operation.
2.10 The Municipality expects that once the project starts the Contractor will work continuously
towards its completion. The Contractor shall be required to notify the Municipality of any
delays. The Contractor will provide a contact list of phone numbers for their onsite
supervisors/office.
Section 3 — Schedule of Work & Payment for Work
3_1 The Municipality does not guarantee any volume of work and volume of work is
dependent upon budget. The Municipality reserves the right, at its sole direction, to
procure either more or less without altering the contracted price.
12 Payment shall be made in accordance to attached `Appendix A "' subject to the provision of
monthly invoices submitted to the Municipality.
Section 4 - Insurance
4.1 The Contractor shall, at his/her expense, obtain and keep in force during the term of this
Agreement, Commercial General Liability Insurance satisfactory to the Municipality, including
the following and underwritten by an insurer licensed to conduct business in the Province of
Ontario:
i. A limit of liability of not less than $2,000,000/occurrence
ii. The Municipality shall be named as an additional insured
fii. The policy shall contain a provision for cross liability in respect of the named
insured
iv. Non -owned automobile coverage with a limit of at least $2,000,000 including
contractual non -owned coverage
V. Products and completed operation coverage (Broad Form) with an aggregate limit
not less than $2,000,000
vi. That 30 days prior notice of an alteration, cancellation or material change in policy
terms which reduces coverage shall be given in writing to the municipality
4.2 A Certificate of said insurance shall be provided to the Municipality prior to any bridge washing
activities and upon each renewal.
4.3 The Contractor shall indemnify and save harmless the Municipality from all injuries and
accidents arising 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.
4A The Contractor shall be required to show proof of registration with the WSIB. Once the contract
commences, each invoice must be accompanied by a current WSIB Clearance Certificate not
more than 3 months old.
Section 5 - Termination
5A If the Contractor neglects or fails to carry out or to comply with any of the terms, covenants,
undertakings or conditions of this Agreement, the Municipality may, after having given written
notice to the Contractor of such default, terminate this Agreement by giving thirty (30) days notice
in writing to the Contractor and this Agreement shall be deemed to be terminated on the day
specified in the notice.
51 The Contractor may terminate this Agreement for any reason by giving thirty (30) days notice in
writing to the Municipality and this Agreement shall be deemed to be terminated on the day
specified in the notice.
Section 6 - Notice
6.1 All notices, consents, approvals or other communications permitted or required to be given under
this Agreement (collectively "Notices") shall be in writing, shall not be unreasonably withheld or
delayed unless otherwise specifically provided for in this Agreement, and shall be personally
delivered; or sent by prepaid registered mail to the applicable address set out below:
(a) in the case of the Municipality:
Attention: Steve Adams, Manager of Public
WorkslDrainage Superintendent
Municipality of Bayham
56169 Heritage Line
PO Box 160
Straffordville, ON
NOJ 1Y0
Office: (519) 866-5521
sadamsa.bavham.on.ca
(b) in the case of the Contractor:
Attention: Tracy Edgar
Company: MOBIL SERVICES INC.
Address: 5 Bayview Court Unit 1, London ON N5W 5W4
Phone Number: 519 453 5020
Email: tracy@a mobilservices._ca
Section 7 - Agreement Definition
7.1 No amendment of this Agreement shall be deemed valid unless effected by a written amendment
signed by both parties and no waiver of rights of any kind under this Agreement shall be effective
unless in writing by the party for whom they are a benefit.
T2 If a Court of competent jurisdiction should declare any section or part of a section of this Agreement
to be invalid or unenforceable, such section or part of a section shall not be construed as being
an integral part of the Agreement or having persuaded or influenced a party to this Agreement to
execute the same, and it is hereby agreed that the remainder of the Agreement shall be valid and
in full force and effect.
7.3 This Agreement constitutes the entire Agreement between the parties to this Agreement and
supersedes any prior Agreements and understandings, oral or written.
7A Nothing in this Agreement derogates from, interferes with, or fetters the exercise by the
Municipality of all of its rights and obligations as a municipality (whether discretionary or
mandatory), or imposes any obligations on the Municipality in its role as a municipality, and the
Municipality shall not be prevented from or prejudiced in carrying out its statutory rights and
responsibilities, including its planning rights and responsibilities. Nothing in this Agreement
derogates from, interferes with, or fetters the exercise by the Municipality's officers, employees,
agents, representatives or elected and appointed officials of all of their rights, or imposes any
obligations on the Municipality's officers, employees, agents, representatives or elected and
appointed officials, other than as expressly set out in this Agreement
r , No communication or dealing between the Contractor and any department, committee, body,
officer, employee, agent, representative or elected or appointed official of the Municipality that is
not clearly in respect of and in accordance with this Agreement will not be deemed to be a
communication or dealing under this Agreement between the Contractor and Municipality as
parties to this Agreement or affect the Municipality with notice of any such communication or
dealings. It is intended and agreed that any communication or dealing between the Contractor and
the Municipality as parties to this Agreement will only be effective if delivered in accordance with
the notice provisions in this Agreement. No communication or dealing between the Municipality as
party to this Agreement and the Contractor as a party to this Agreement will relieve the Contractor
from the responsibility of discharging its lawful obligations to the Municipality imposed by statute,
regulation, by-law or by any other lawful manner separate and apart from the obligations imposed
under this Agreement.
Section 8 - No Waiver
B. , No condonation, excusing or overlooking by the Municipality of any default, breach or non-
observance of any of the Contractor's obligations under this Agreement at any time or times shall
affect the Municipality's remedies or rights with respect to any subsequent (even if by way of
continuation) default, breach or non -observance.
8.2 No waiver shall be inferred from or implied by anything done or omitted by the Municipality.
8 3 Any written waiver by the Municipality shall have effect only in accordance with its express
terms.
84 Except as stated otherwise in this Agreement, time shall be of the essence in the
performance of all covenants and agreements herein.
Section 9 - Successors and Assians
hi. 1 This Agreement shall ensure to the benefit of and be binding upon the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
9.2 This Agreement shall not be assigned or transferred in any way by the Contractor.
Section 10 - Counterparts
10.1 This Agreement may be simultaneously executed in several counterparts, each of which when so
executed shall be deemed to be an original and such counterparts together shall constitute but one
and the same instrument.
Section 11-Interpretation
11.1 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 WITNESS WHEREOF the parties have duly executed this Agreement this I day of W(Y1 , 2023
SIGNED,SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
MAYOR
CLERK
MOBIUSERIVICES INC.
APPENDIX `A' TO BY-LAW 2023-033
BRIDGE WASHING RATES
2023 - $10,800 + HST
2024 - $10,800 + HST
2025 - $10,962 + HST
2026 - $11,126.43 + HST