HomeMy WebLinkAboutBy-law No. 2023-071THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-071
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AND RAIL TECH ENTERPRISES INC.
FOR THE CONSTRUCTION OF THE VIENNA COMMUNITY PARK MULTI -USE COURT
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 the Municipality issued RFP 23-02 for Vienna Community Park Multi -Use
Court on June 29, 2023;
AND WHEREAS the Council or the Corporation of the Municipality of Bayham awarded RFP
23-02 to Rail Tech Enterprises Inc. in the amount of $111,456.00 +HST on July 20, 2023;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Rail Tech Enterprises Inc. for the construction of the Vienna
Community Park Multi -Use Court;
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
Corporation of the Municipality of Bayham and Rail Tech Enterprises Inc. for the
construction of the Vienna Community Park Multi -Use Court;
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 21St DAY OF
SEPTEMBER, 2023.
MAYOR CLERK
THIS AGREEMENT DATED THE 21st DAY OF SEPTEMBER, 2023
BETWEEN:
The Corporation of the Municipality of Bayham
(Hereinafter called the "Municipality"
of the First Part
and
Rail Tech Enterprises Inc.
(Hereinafter called the "Contractor")
of the Second Part
Section 1 - General Provisions
1 1 A general description of work is to provide all the labour, equipment and materials
required to construct the Vienna Community Park Multi Use Court pursuant to
Municipality of Bayham Request for Proposal (RFP) No. 23-02;
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.
Municipality of Bayham Request for Proposal No. 23-02 shall form part of this
Agreement.
1 4 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.
1 F 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 — Scope of Work
1 Pad and Post Installation
2.1.1 Contractor to remove and dispose of all material associated with the
excavation of the multi -use pad.
2.1.2 Contractor to remove all topsoil and supply and place a minimum of 250mm
Granular A below the Asphalt/Concrete Pad.
2.1.3 Contractor to supply Min. 100mm thick concrete to a Min. 350OPSI mix with 4%
entrained air concrete to be reinforced with 6 gauge wire mesh expansion
joints cut square every 4.5 meters to the concrete pad.
2.1.4 Pad slope between 0.83% - 1.00% in one direction from center of split court for
proper drainage.
2.1.5 Contractor to install sport net posts foundation not less than 60cm diameter
concrete bases and min. 120cm deep.
2.1.6 Contractor to supply and install two powder coated 73mm post with adjustable
tensioner cranks at court measurements. The contractor shall supply a heavy
duty 3mm braided polyethylene net. (Pickleball)
2.1.7 Contractor to supply and install two (2) basketball post and nets to specification
by Sports Systems described within RFP 23-02.
2.2 Electrical Requirements
2.2.1 Supply and install 63mm PVC electrical conduit to all corners of court for future
lighting. Conduit will be installed to electrical panel at pavilion +-10m away.
Pipes to be capped at final grade.
2.2.2 Conduit must be min. 600mm in depth and electrical ribbon at 300mm below
grade before backfill as per ESA standards.
2.3 Fencing Requirements
2.3.1 All fencing and post to be schedule 40 black vinyl coated fencing 38mm
opening size.
2.3.2 Contractor to set all posts in concrete with the diameter of the terminal post to
be 89mm and the line post to be 60 mm.
2.3.3 Fencing must include top rail and bottom rail with cable. Rails to be 38mm in
diameter.
2.3.4 The Quantity of Fencing is 78m for 1.8m height above grade and 18m for 1.2m
height above grade.
2.3.5 Contractor to construct a 2 meter opening in center of court for access.
2.3.6 Contractor to wrap entire court with 1.8 meter fence. Including two 1.5 meter
opening on either side to be laid out by municipal supervisor.
2.3.7 Contractor to supply all hardware to complete fencing including post caps.
2.4 Court Sealing and Line Painting
2.4.1 Contractor to supply and install court lines to both pickelball and basketball
courts. A minimum of 50mm wide to manufacture specs. Lines to be approved
by municipal supervisor.
2.4.2 All colours to be agreed upon my municipal supervisor prior to ordering
2.4.3 All lines to be painted with a brush or roller between two masking tape lines
with masking tape to be removed immediately after painting.
2.5 Sidewalks
2.5.1 Sidewalks to be installed on min. 150mm granular A Sidewalks to be 1.5meters
wide by 100mm thick poured at 3500PSI with 4% air entrapment.
2.5.2 Fibre expansion joints to be added at all joints. 7mm expansion groves to be
installed at 1.2m.
2.6 Final Grading and Seeding
2.6.1 All topsoil to be placed back around court to a maximum of 76mm below top of
concrete.
2.6.2 All topsoil areas to be seeded with typical turf grade grass seed.
Section 3 — Administration
.1 This Agreement shall take effect on the 21 st day of September, 2023,
and shall remain in effect until December 31, 2023.
3.2 Payment shall be made net thirty (30) calendar days following receipt of
invoice.
3.3 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: sadams(@bayham.on.ca
(b) in the case of the Contractor:
Rail Tech Enterprises Inc.
Dennis Crevits
42705 Roberts Line
Union, ON NOL 21_0
519-521-6140
Email: railtech _rogers.com
3.4 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.
IN WITNESS WHEREOF the parties have duly executed this Agreement this 21St day of
September, 2023.
Authorized by THE CORPORATION OF THE
Bayham By-law No. 2023-071 } MUNICIPALITY OF BAYHAM
MayorROOM
WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal.
SIGNED, SEALED AND DELIVERED, this 21St day of September, 2023.
In the presence of
Witness-
}
}
}
} Rail Tech Enterp ise
REQUEST FOR PROPOSAL
VIENNA COMMUNITY PARK
MULTI -USE COURT
RFP ISSUE DATE:
RFP CLOSING:
RFP 23-02
June 29, 2023
July 13, 2023 AT 11:00 A.M.
Municipality of Bayham
P.O. Box 160
56169 heritage Line
Straffordville, ON
NOJ 1Y0
The Corporation of the
Municipality of Bayham
Request for Proposal
For
Vienna Community Park Multi -Use Pad Construction
Instructions to Proponents
GENERAL: This Request for Proposal invites qualified contractors to submit
proposals for the Construction of the Vienna Community Park Multi -Use pad
located at 17 Ann St. in the Village of Vienna, Submissions shall be submitted on
the form provided, sealed in an envelope, which is clearly marked "RFP 23-02
Vienna Community Park Multi -Use Court.
Submissions will be received at the office of:
Municipality of Bayham
56169 Heritage Line,
Straffordville, ON
NOJ 1 YO
not later than 11:00 a.m. local time. July 13, 2023
any proposal not necessarily accented.
The proposals will be opened shortly after 11:00 a.m. on Thursday, July 13, 2023
at the office of the Municipality of Bayham.
RIGHT TO ACCEPT OR REJECT PROPOSALS: Proposals may be invalidated if
the forms are not properly or fully completed. Proposals must be on the forms
provided. No substitutions will be considered. Acceptance or rejection will be at
the sole discretion of the Municipality.
:i. ABILITY AND EXPERIENCE OF PROPONENT: The Corporation of the
Municipality of Bayham reserves the right to reject the proposal of any proponent
who does not furnish satisfactory evidence of sufficient experience to successfully
provide the service.
_. PROPONENTS TO INVESTIGATE: It is the responsibility of the proponent to
examine and satisfy himself as to the general area of the Municipality and satisfy
himself as to all the terms and conditions of the contract documents.
6. INQUIRIES DURING PROPOSALS: The proponent is advised that inquiries
regarding the interpretation of the proposal and contract document shall be written
and directed to the Municipality of Bayham Office to Steve Adams, Manager of
Public Works/Drainage Superintendent.
Email: sadamsr7a bayham.on.ca
7. THE OCCUPATIONAL HEALTH AND SAFETY ACT: The successful proponent
must ensure compliance with the Occupational Health and Safety Act and
indemnify the Municipality of Bayham for any failure to do so.
e. LIABILITY INSURANCE: The successful proponent shall indemnify and save
harmless the Municipality of Bayham, from and against all claims, demands, loss,
damages, etc. The limit of Liability Insurance shall be a minimum of Two Million
dollars ($2,000,000) in respect of any one accident. The successful proponent
shall provide to the Municipality, proof of said insurance prior to the
commencement of the contract, and maintain the insurance throughout the
duration of the contract.
9� LEGISLATIVE REQUIREMENTS: The successful proponent shall comply with all
Federal, Provincial, County and Municipal Legislation including, but not limited to
environmental, Labour, Occupational Health and Safety, Unemployment
Insurance, Workplace Safety & Insurance Board, and Human Rights. The
successful proponent shall be qualified to test portable fire extinguishers and fire
alarms. ItLe successful proponent shall provide the Municipality, &,i�h va i
WSIS ertlf),gate.
10. CONTRACT: The successful Proponent(s) will be required to enter into a formal
Agreement with the Municipality of Bayham.
Appendix "A"
Vienna Community Park Multi -Use Pad
SCOPE OF WORK
1. GENEE Al .
"I. 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.
2. The contractor shall be solely responsible for loss or damage of his equipment and
for any material delivered to him from whatsoever source.
& 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.
4. All work performed by the contractor shall be executed to the satisfaction of the
municipality.
S, A daily log of all activities shall be maintained by the contractor and submitted with
each invoice.
0. 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 our standards of
service and workmanship will result in termination of the contract.
. DESCRIPTION OF WORT{
The Work consists of supply of all labour, material equipment and supervision
necessary to complete the agreed -upon works
2. The RFP is intended for the Construction of One Multi -Use Court that follows the
guidelines with in the description of work listed below for one of the two potential
options.
. Contractor is required to obtain a proper working permits and approvals from the
appropriate authority and submit prior to start date of work being completed.
3. DESCRIPTION OF WORK —SCOPE OF WORK TWO APT O
OPTION I — DOUBLE COURT 380sq. METERS (i 9M BY 20 M j
Pad and Post Installation
I Contractor to remove and dispose of all material associated with the excavation of
the multi -use pad.
2. Contractor to remove all topsoil and supply and place a minimum of 250 mm
Granular A below the Asphalt/Concrete Pad.
3 Contractor to supply the following for the Asphalt/ Concrete pad
Asphalt- Bottom Lift = 50mm HL8 Asphalt
Top Lift = 40mm HL3 Asphalt
Pad should slope between .83%-1% in one direction from center of split
court for proper drainage.
Concrete- Min. 100mm Thick Concrete to a Min. 350OPSI mix with 4% entrained air
Concrete to be reinforced with 6 gauge wire mesh
Expansion joints cut square every 4.5 meters
I Contractor to install sport net posts foundations not less than 60cm diameter
concrete bases and min. 120cm deep.
Contractor to supply and install two powder coated 73mm post with adjustable
tensioner cranks at court measurements. The contractor shall supply a heavy duty
3mm braided polyethylene net. (Pickleball)
Contractor to supply and install Two Basketball post and nets to specification by
Sports Systems attached Appendix `D'
Electrical Requirements
Supply and install 63mm PVC electrical conduit to all comers of court for future
lighting. Conduit will be installed to electrical panel at pavilion +-10m away. Pipes to
be capped at final grade.
Conduit must be min. 600mm in depth and electrical ribbon at 300mm below grade
before backfill as per ESA standards.
Fencing Requirements
`�. All fencing and post to be schedule 40 black vinyl coated fencing 38mm opening
size.
0 Contractor to set all posts in concrete
11 Diameter of post
Terminal post to be 89mm,
^ Line post to be 60mm
12. Fencing must include top rail and bottom rail with cable. Rails to be 38 mm in
diameter.
13. Quantity of Fencing
HEIGHT ABOVE QUANTITY
GRADE
1.8m 78m
1.2m 18m
14- Contractor to construct a 2 meter opening in center of court for access.
15. Contractor to wrap entire court with 1.8 meter fence. Including two 1.5 meter opening
on either side to be laid out by municipal supervisor.
16, Contractor to supply all hardware to complete fencing including post caps.
Court Sealing and Line Painting
17. Contractor to supply pricing for supply and install to manufacture specs. acrylic color
system to be applied to approve surface.
16- Contractor to supply and install court lines too both pickelball and basketball courts.
A minimum of 50mm wide to manufacture specs. Lines to be approved by municipal
supervisor.
19. All colors to be agreed upon my municipal supervisor prior to ordering
20. All lines to be painted with a brush or roller between two masking tape lines. Masking
tape to be removed immediately after painting.
0PTION 2 — SINGLE COURT 190Dsq. M ETERS J9.5M BY 20 M)
Pad and Post Installation
1. Contractor to remove and dispose of all material associated with the excavation of the
multi -use pad.
2. Contractor to remove all topsoil and supply and place a minimum of 250 mm Granular A
below the Asphalt/Concrete Pad.
3. Contractor to supply the following for the Asphalt/ Concrete pad
Asphalt- -Bottom Lift = 50mm HL8 Asphalt
-Top Lift = 40mm HL3 Asphalt
-Pad should slope between .83%-1 % in one direction
Concrete--Min.I00mm Thick Concrete to a Min. 3500PS1 mix with 4% entrained air
-Concrete to be reinforced with 6 gauge wire mesh
- Expansion joints cut square every 4.5 meters
-Pad should slope between .83%-1% in one direction
4. Contractor to install sport net posts foundations not less than 60cm diameter concrete
bases and min. 120cm deep.
5. Contractor to supply and install two powder coated 73mm post with adjustable tensioner
cranks at court measurements. The contractor shall supply a heavy duty 3mm braided
polyethylene net. (Pickleball)
Electrical Requirements
6. Supply and install 63mm PVC electrical conduit to all comers of court for future lighting.
Conduit will be installed to electrical panel at pavilion +-10m away. Pipes to be capped
at final grade.
7. Conduit must be min. 600mm in depth and electrical ribbon at 300mm below grade
before backfill as per ESA standards.
Fencing Requirements
8. All fencing and post to be schedule 40 black vinyl coated fencing 38mm opening size.
9. Contractor to set all posts in concrete
10. Diameter of post
Terminal post to be 89mm,
Line post to be 60mm
11. Fencing must include top rail and bottom rail with cable. Rails to be 38 mm in diameter
12. Quantity of Fencing
HEIGHT ABOVE QUANTITY
GRADE
1.8m 59m
13. Contractor to wrap entire court with 1.8 meter fence. Including one 1.5 meter opening on
the pavilion side to be laid out by municipal supervisor.
14. Contractor to supply all hardware to complete fencing including post caps.
Court Sealing and Line Painting
15. Contractor to supply pricing for supply and install to manufacture specification Acrylic
Color System to be applied to approve surface.
16. Contractor to supply and install court lines. A minimum of 50mm wide to manufacture
specs. Line layout to be approved by municipal supervisor.
17. All colors to be agreed upon my municipal supervisor prior to ordering
18. All lines to be painted with a brush or roller between two masking tape lines. Masking
tape to be removed immediately after painting.
d_ CONSTRUCTION PERIOD
Comoletion date no later than October 31, 203
5_ MAINTENANCE GUARANTEE
The Contractor shall guarantee that the material and work shall, for 18 month period
from acceptance date as witnessed by the signed Municipal letterhead. Warranty
Guarantee must include one year on the following:
* Line Painting
Acrylic Coating
All fencing
- Concrete or asphalt surface.
. The Municipality will submit in writing all imperfections prior to termination of the
guarantee period. The contractor is responsible to make all necessary changes
within 72 hours of notice.
Appendix `B'
Vienna Community Park Multi -Use
Contractor Information
Work being Completed
Name of Contractor
Warranty
Completing the Work
Period
Excavation
Concrete
�ff7 �OrL7C/?/%
Court/Sidewalks
,
l
Asphalt
A,;O
J.�prz
Fencing
Court Painting
� W A
!/&z qE
Appendix 'C'
The Corporation of the Municipality of Bayham
Proposal
Vienna Community Park Multi -Use Court
Proposal Summary
iln*inn 4 rinnhln I`nur*
Total Costing
Excavating Work
$
Concrete Pad
Asphalt Pad
Electrical Conduit
$
Sidewalks
o�
Fencing
$
9aa,
Acrylic Colour Sealing
Line Painting
3 c�DD
Final Grading and Seeding
w
Sub Total
HST
TOTAL
co0
Appendix `C'
The Corporation of the Municipality of Bayham
Proposal
Vienna Community Park Multi -Use Court
Proposal Stamrnary
0 Ilion 2 Single Court
Total Costin
Excavating Work
Concrete Pad
Asphalt Pad
Electrical Conduit ^
Sidewalks
Fencing $
Acrylic Colour Sealing
dine Painting _
fir
Final Grading and Seeding
a
.+/1
Sub Total
HST 'Dad
TOTAL { ���
Contract
Vienna Community Park Multi -use Court
PROPOSAL SUMMARY FORM
LIST OF EXPERIENCE
The Corporation of the Municipality
of Bayham Proposal
Vienna Community Park Multi -Use Court
List of Experience
The following is the experience of the proponent in providing similar services:
MAN
To be completed and returned with proposal.
losin }ate: 11:00 a.m. July 13 2023 T
Date: Tb Lz l3, �y� Company
Name:._
Address:
,?Aj"-olu, 6
Telephone: } ?' - , 4, ' - ZIYO
Fax;
Signed:
Print:
NOTES: 1. Lowest or any proposal not necessarily accepted