HomeMy WebLinkAboutBy-law No. 2023-039THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-039
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AND DUNCOR ENTERPRISES INC.
WHEREAS the Municipality of Bayham, through Elgin County, contracts forthe completion of
various surface treatment applications;
AND WHEREAS the County of Elgin issued Tender 2023-T10, being a tender for road
surface treatment;
AND WHEREAS Duncor Enterprises Inc. was the successful bidder for Tender 2023-T10;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Duncor Enterprises Inc. for surface treatment applications;
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 Duncor Enterprises Inc., being an
agreement respecting surface treatment applications;
. 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 18t" DAY OF
MAY, 2023.
MAYOR
BETWEEN:
THIS AGREEMENT DATED THE 18th DAY OF MAY, 2023
The Corporation of the Municipality of Bayham
(Hereinafter called the "Municipality"
and
Duncor Enterprises Inc.
(Hereinafter called the "Contractor")
of the First Part
of the Second Part
WHEREAS the Municipality, through Elgin County, contracts for the completion of various surface
treatment applications;
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 - General Provisions
1 1 A general description of work is to provide all the labour, equipment and materials required for
Surface Treatment in the Municipality of Bayham pursuant to Elgin County Tender 2023-T10;
1.2 In respect of such work and except as otherwise specifically provided, the Contractor, at his own
expense, shall provide all and every kind of labour, machinery, plant, structures, roadways and
materials 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 Municipality commence the works and
diligently execute the respective portions thereof; and deliver the works complete in every
particular to the Municipality within the time specified in the Tender.
1.3 Elgin County Tender 2023-T10 shall form part of this Agreement.
'1 A 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.
1.5 The 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 be maintained in place for the duration of
the agreement.
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1.6 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 of paid by the Municipality.
1 7 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.
Section 2 — Administration
2 1 This Agreement shall take effect on the 18th day of May 2023, and shall remain in
effect until December 31, 2023.
2.2 Payment shall be made net thirty (30) calendar days following receipt of invoice.
� 3 Any notice required to be given under this Agreement must be in writing to the
applicable address set out below:
(a) in the case of the Municipality:
Municipality of Bayham
PO Box 160
56169 Heritage Line
Straffordville, ON NOJ 1Y0
Office: (519) 866-5521
Email: eroloson a@_bayham.on.ca
(b) in the case of the Contractor:
Duncor Enterprises Inc.
101 Big Bay Point Road
Barrie, ON
L4N 8M5
Email: Michel leChisholm duncor.ca
2.4 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.
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IN WITNESS WHEREOF the parties have duly executed this Agreement this 18th day of May, 2023.
Authorized by
Bayham By-law No. 2023-039
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal.
SIGNED, SEALED AND DELIVERED, this 18th day of May, 2023.
In the presence of
}
Witness: } Duncor Enterprises Inc.
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