Loading...
HomeMy WebLinkAboutBy-law No. 2025-029THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-029 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 2025-T13, being a tender for road surface treatment; AND WHEREAS Duncor Enterprises Inc. was the successful bidder for Tender 2025-T13; 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 Chief Administrative Officer 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; 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 17th DAY OF APRIL, 2025. CLERK BETWEEN: THIS AGREEMENT DATED THE 17th DAY OF APRIL, 2025 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 I 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 2025-T13; 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 2025-T13 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. Page 1 of 3 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 17th day of April, 2025 and shall remain in effect until December 31, 2025. 2.2 Payment shall be made net thirty (30) calendar days following receipt of invoice. 2.3 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_@bayham.on.ca (b) in the case of the Contractor: Duncor Enterprises Inc. 101 Big Bay Point Road Barrie, ON L4N 8M5 Email: brianduncan duncor.ca .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. Page 2 of 3 IN WITNESS WHEREOF the parties have duly executed this Agreement this 17th day of April, 2025. Authorized by Bayham By-law No. 2025-029 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM trative Officer WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal. SIGNED, SEALED AND DELIVERED, this 17t" day of April, 2025. In the presence of Witness: } Duncor Enterprises Inc. Page 3 of 3 2025-T13 - Microsurfacing and Surface Treatment Vendor Details Company Name: Duncor Enterprises Inc. 101 Big Bay Point Road Address: Barrie, Ontario L4N 8M5 Contact: Brian Duncan Email: brianduncan@duncor.ca Phone: 705-730-1999 Fax: 705-730-7977 HST#: 126314889RT0001 Submission Details Created On: Tuesday March 11, 2025 16:14:26 Submitted On: Friday March 28, 2025 11:08:25 Submitted By: Brian Duncan Email: brianduncan@duncor.ca Transaction #: 3fba77a4-8568-40ad-9bec-9984d15712ef Submitter's IP Address: 72.138.132.226 Bid Number: 2025-T13 Vendor Name: Duncor Enterprises Inc. Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to, and to supply and do all the Work which is set out or called for in this Bid, at the unit prices, and/of lump sums, hereinafter stated. HST is additional - Part 1 - County of Elgin Roads In accordance with the requirements of the tender, the Bidder hereby offers to complete the work specified for the following prices: Line Item Description of Work Surface Type Unit Est City. Unit Price" TcHet t1 t Supply all labour, equipment and materials to place SINGLE ISST - Class 5 -n3 473180 $4.4900 $777,578.20 Surface Treatment (SST) using CLASS 5 aggregate (1/4" Ouany Granite) _ 1-? Supply all labour, equipment and materials to place Micro Type 3 ni! 13790 $4.2400 $ 58,469.60 Microsurfacing, Type 3 Single Application 1.5 Supply and Install Tack Coat on all existing surfaces prior Microsurfacing m� 13790 L9.2594 $ 3,447.50 Ito placement of Microsur/acing Subtotal: $ 839.495.30 Part 2 - Township of Malahide In accordance with the requirements of the tender, the Bidder hereby offers to complete the work specified for the Township of Malahide, at the following prices: Llrib lNm Description of Work ISurface Type Unit Est Qty. Unit Price" Total 2t Supply all labour, equipment and materials to place SINGLE SST - Class 5 m2 499630 $4.4900 $ 896,338.70 Surface Treatment (SST) using CLASS 5 aggregate (1/4" Quarry Granite) 9 Supply all labour, equipment and materials to place DST - Class 2 & 6 m2 22410 $7.9300 $ 177,711.30 DOUBLE Surface Treatment (DST) using CLASS 2 base and CLASS 6 top Subtotal: $ 1,074,050.00 Part 3 - Municipality of Bayharn In accordance with the requirements of the tender, the Bidder hereby offers to complete the work specified for the Municipality of Bayham, at the following prices: Line Item Description of Work Surface Type Lk* Est. Qty. Unit Price Total 3.1 Supply all labour, equipment and materials to place SINGLE SST - Class 5 +02 Flafo $4.4900 $ 34,573.00 Surface Treatment (SST) using CLASS 5 aggregate (1/4" Quarry Granite) 3.2 Supply all labour, equipment and materials to place BST - Class 2 & 6 1n2 7Fi)* $719300 $61,061.00 DOUBLE Surface Treatment (DST) using CLASS 2 base land CLASS 6 top Subtotal: ,$ 95,634.00 Part 4 - Municipality of Central Elgin (Provisional) In accordance with the requirements of the tender, the Bidder hereby offers to complete the work specified for the Municipality of Central Elgin, at the following prices' Line Item Description of Work Surface Type Unit Est. Qty. Unit Price " Total 4.1 Supply all labour, equipment and materials to place SINGLE SST - Class 6 rn2 12N2 $4.3400 $ 57,904.28 Surface Treatment (SST) using CLASS 6 aggregate 4.2 Supply all labour, equipment and materials to place DST - CLaEE 2 & 5 C42 68107 $7.9300 $ 540,088.51 DOUBLE Surface Treatment (DST) using CLASS 2 base and CLASS 6 top 4.3 Supply all labour, equipment and materials to place Micro Type 3 tru 2894 $4.2400 $ 11,872.00 Microsurfacing, Type 3 Single Application 44 Supply and Install Tack Coat on all existing surfaces prior Microsurfacing m� 2800 $0.25D0 $ 700.00 Ito placement of Microsurfacing Subtotal: $ 610,564.79 Part 5 - Township of Southwold (Provisional) In accordance with the requirements of the tender, the Bidder hereby offers to complete the work specified for the Township of Southwold, at the following prices: Ine Item Description of Work Surface Type IJhiik Est Qty. Unit Price' Total r Supply all labour, equipment and materials to place SINGLE ISST - Class 6 rr,2 24440 $4.3400 $ 106,069.60 Surface Treatment (SST) using CLASS 6 aggregate _ $ Supply all labour, equipment and materials to place DST - Gass 2 & 6 m2 yrIDU $7.9300 $ 20,618.0& DOUBLE Surface Treatment (DST) using CLASS 2 base and CLASS 6 top Subtotal: $ 126,687.60 Bid Number. 2025-T13 Vendor Name: Duncor Enterprises Inc. Part 6 - Municipality of Dutton Dunwhich In accordance with the requirements of the tender, the Bidder hereby offers to complete the work specified for the Municipality of Dutton Dunwich, at the following prices Lim Item of Work _ Surface Type DST - Class 2 & 6 llnl[ Est Qty. llnl! Prittr • Total tD2escrlption fi.1 ly all labour, equipment and materials to place $7.9300 $ 210,938.00 BLE Surface Treatment (DST) using CLASS 2 base Im2 �N&W CLASS 6 top Subtotal. $ 210,938.00 Summary Table Bid Form Amount - Part 1 - County of Elgin Roads _ _ Part 2 -Township of Malahide $ 839,495.30 $ 1,074,050.00 Part 3 - Municipality of Baybam $ 95,634.00 Part 4 - Municipality of Central Elgin (Provisional) $ 610,564.79 Part 5 -Township of Southwold (Provisional) $ 426,687.60 Part 6 -Municipality of Dutton Dunwhich $ 210,938.00 $ 2,957,869.69 Subtotal Contract Amount: Specifications Bidder Information Please fill out the following form, naming one person to be the bidder's contact for the RFT process and for any clarifications or communication that might be necessary. Description Response` - 'Contact Name: Brian Duncan Contact Title: Vice President `Coilael Plrne 705-730-1999 Contact Email: info@duncor.ca AU references stated shall be for the same or similar scope as the one described in this Bid. For newly formed business entity including, corporations, partnerships and sole proprietors or a teaming arrangement you shall state below in the Client Column that you were not the "Contractor" for the named project and should state whose past experience on the named project is relevant to that reference. Contractors Proof of Ability if the Contractor has not completed similar work for the County of Elgin during the preceeding two (2) years, this form must be completed. This information will be used by the County to determine if the Contractor is, in the opionon of the County, qualified to adequately perform the work W We will not be submitting for Contractors Proof of Ability Urip Dair, Nainr 6 LiScaliWr ird PrOJrcl Deeerllie VJDrh e4mp6el8tl by your ConiNBhy ' TnEBk Value 8f 1118 Prujeei • $value a[ ylFrr w7iart of tho Can We contact thlz reference? LKcr1Y Pro�ett 1 r- Yes r No 2 r Yes r Na � r Yus r Na Sub -Contractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors, The Bidder shall state only one (1) subcontractor for each type of work LIST OF SUB -CONTRACTORS The Bidder shall state all subcontractor(s) and type of work proposed to be used for this project. Bidders shall not indicate "TBD" (to be determined) or "TBA" (to be announced) or similar wording and shall not indicate multiple choices of subcontractor names for any subcontractor category in their list of subcontractors. W By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their "OWN FORCES". Unc ff COntfaGior* Ne' Addre9a ` am Phbne- Description of Work' Documents Bid Number: 2025-T13 Vendor Name: Duncor Enterprises Inc, It is your responsibility to make sure the uploaded Ple(s) is/are not defective of corrupted and are able to be opened and viewed by the County. If the attached file(s) cannot be opened or viewed, your Bid submission may be rejected. BONDING UPLOAD SECTION Bidders shall upload aad submit a DIGITAL Bid Bond and a DIGITAL Agreement to Bond with their Tender. Refer to Tender Specification 1.9 for further information. • Bid Bond - County of Elgin 2025-T13 Microsvrfacing and Surface Treatment-Duncor_Enterprises_Limited_CBL_Sudbury_14-03-2025.pdf - Friday March 14, 2025 11:00:18 • Agreement to Bond- County of Elgin 2025-T13 Microsurfacing and Surface Treat ment-Duncor_5nterpdses_Limited_CBL_Sudbury_14-03-2025.pdf - Friday March 14, 2025 11:00:32 Bid Number: 2025-T13 Vendor Name: Duncor Enterprises Inc. Addenda, Terms and Conditions Declarations .t I/We understand the Specification, what is required and agree to provide satisfactory work for the supply of labour, equipment and materials for the project as indicated in this Tender to the specifications outlined in this Form. .2 I/We the undersigned authorized signing officer of the Bidder, HEREBY DECLARE that no person, firm or Corporation other than the one represented by the signature (or signatures) of proper officers as provided below, has any interest in the Tender. .3 I/We further declare that all statements, schedules and other information provided in this Tender are true, complete and accurate in all respects to the best of our knowledge_ .4 I/We declare that this Tender is made without connection, knowledge, comparison of figures or arrangement with any other company, firm or persons making a Tender and is in all respects fair and without collusion for fraud. .5 I/We further declare that no employee of the Corporation of the County of Elgin is or will become interested, directly or indirectly as a contracting party or otherwise in the supplies, work or business to which it relates or in any portion of the profits thereof, or in any such supplies to be therein or in any of the monies to be derived there from. .6 I/We further declare that the undersigned is empowered by the Bidder to negotiate all matters with the Corporation of the County of Elgin's representatives, relative to this Tender. .7 I/We further declare that the agent listed below is hereby authorized by the Bidder to submit this Tender and is authorized to negotiate on behalf of the Bidder. .8 I/We further agree that this data is to be used only in the preparation of a submission to this Request for Tender and that the data w81 be maintained in confidentiality. .9 I/We further declare that I/We have examined the locality and site(s) of fhe proposed project, as well as all the specifications relating to them, prepared, submitted and rendered available on behalf of the County and are hereby acknowledged to be an integral part of the Contract. I/We hereby propose and offer to enter into the Contract on the terms and conditions and under the provisions set forth in the Request for Tender, and to accept in full payment for it the sums calculated in accordance with the actual measured quantities and unit prices. .10 I/We agree that this Request for Tender is an offer which is to continue open for acceptance until the placing in the mail or delivery to the address given in this Tender of a notice of award, which shall constitute formation of the Contract, or for 90 days following the Tender dosing date, whichever occurs first, and that the County may at anytime within that period, and without notice, accept this Tenderwhether any other Tender had been previously accepted or not. .11 I/We agree that by submitting a'render in accordance with this Request for Tender, the Bidder is agreeing that specified Associated Municipalities (specifically Elgin County Municipal Partners) will review the bidders tender and further thereto, may determine that it is in their best interest to contract with the successful bidder, utilizing the same terms and conditions, for completion of works specified herein upon its local roads. I/WE agree to be bound by the terms and conditions and have authority to submit this bid on behalf of the Bidder. - Brian Duncan, Vice President, Duncor Enterprises Inc. The bidder shall declare any potential conflict of interest that could arise from bidding on this bid. Do you have a potential conflict of interest? r- Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column A have reviewed this addendum" below to acknowledge each of the addenda. I have remLcwcy me File Name below addendum and Pxges attachments (Ir applicable) Addmddum No.I Thu March 20 2025 11:07 AM Bid Number: 2025-T13 Vendor Name: Duncor Enterprises Inc. Bid Number: 2025-T13 Vendor Name: Duncor Enterprises Inc.