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HomeMy WebLinkAboutBy-law No. 2025-055THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-055 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND FRANKLIN CONSTRUCTION FOR REPAIRS TO THE STRAFFORDVILLE COMMUNITY PARK STORAGE BUILDINGS 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 RFQ 25-01 being a Request for Quotation for Straffordville Community Park Storage Building Upgrades was circulated to multiple contractors in the surrounding area on July 14, 2025; AND WHEREAS Council awarded the work in the amount of $27, 534.89 + HST to Franklin Construction on August 21, 2025; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Franklin Construction for repairs to the Straffordville Community Park Storage Buildings; 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 Franklin Construction; 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 SEPTEMBER, 2025. -MAVbR--/CLERK I:]AVA2121`A THIS AGREEMENT DATED THE 4T" DAY OF SEPTEMBER, 2025 The Corporation of the Municipality of Bayham (Hereinafter called the "Municipality" and Franklin Construction (Hereinafter called the "Contractor") of the First Part of the Second Part WHEREAS repairs are required to the Straffordville Community Park Storage Buildings and RFQ 25-01 was circulated on July 14, 2025; AND WHEREAS Council awarded the work in the amount of $27, 534.89 + HST to Franklin Construction on August 21, 2025; 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 Straffordville Community Park Storage Building Upgrades pursuant to RFQ 25-01. .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 specified timeline. 1.3 RFQ 25-01 shall form part of this Agreement. IA 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. 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 Page 1 of 3 Municipality upon the signing of the Agreement and be maintained in place for the duration of the agreement. 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 4th day of September, 2025 and shall remain in effect until October 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: erolosonbayham.on.ca (b) in the case of the Contractor: Franklin Construction 29 Fulton Street Vienna, ON NOJ 1Z0 Email: deanfranklinconstruction4c gmail.com 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. Page 2 of 3 IN WITNESS WHEREOF the parties have duly executed this Agreement this 4th day of September, 2025. Authorized by Bayham By-law No. 2025-055 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM .r May { Chief Adniinistrative Officer WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal. SIGNED, SEALED AND DELIVERED, this 4th day of September, 2025. In the presence of ) Witness: } Franklin Construction Page 3 of 3 REQUEST FOR QUOTATION STRAFFORDVILLE COMMUNITY PARK STORAGE BUILDING UPGRADES ISSUE DATE: CLOSING DATE: CLOSING TIME: RFQ 25-01 .w 0 July 14, 2025 August 5, 2025 1:00 P.M., local time LOCATION: Municipality of Bayham P.O. Box 160 56169 Heritage Line Straffordville, ON NOJ 1Y0 The Corporation of the Municipality of Bayham Request for Quotation for STRAFFORDVILLE COMMUNITY PARK STORAGE BUILDING UPGRADES Instructions to Proponents GENERAL: This Request for Quotation invites qualified service providers to submit quotations to conduct Straffordville Community Park Storage Building Upgrades located at 56169 Heritage Line, Straffordville at various locations within the Municipality of Bayham. Submissions shall be submitted on the form provided, sealed in an envelope, which is clearly marked "RFQ 25-01 Straffordville Community Park Storage Building Upgrades". Submissions will be received at the office of: Steve Adams, Manager of Public Works/Drainage Superintendent Municipality of Bayham 56169 Heritage Line, Straffordville, ON NOJ 1 YO not later than 1:00 p.m. local time. Monday. Aucaust 5. 2025. Anv or000sal not necessarilv accented. The proposals will be opened shortly after 1:00 p.m. on Monday, August 5, 2025 at the office of the Municipality of Bayham. All works must be completed in full by October 31, 2025 All works must be scheduled and not interfere with existing rental and use of diamonds_ Rental schedule to be provided upon request. 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. For clarity, the Municipality may choose not to award any quote. The Corporation shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Bidder by reason of the acceptance or the non -acceptance by the Corporation of any quote or by reason of any delay in the acceptance of a quote except as provided in the quote document. Where the quote documents do not state a definite delivery/work schedule and a submitted quote is based on an unreasonable delivery/work schedule, the quote may -2- be rejected. 3. 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. 4. 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 Email: sadams(c_bayham.on.ca 5_ 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. $_ 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 work. 7. 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 provide the Municipality with a valid WSIB Certificate. LOCATION OF WORK a) Straffordville Community Park, 56169 Heritage Line b) Attached map of location of Scope of Work _ SCOPE OF WORK 1. Straffordville Community Park Rear Storage Building a) Remove and dispose of three (3) sliding doors. b) Replace with three (3) uninsulated white commercial overhead manual doors. c) Create a concrete sill at door locations to permit proper seal. d) Dispose and replace existing man door with steel primed/painted door. e) Install interior locks on Overhead doors. f) Install a heavy-duty mortise lock on the new man door. g) Install eave trim piece along the bottom and sides of the steel roofing on the entire building. This will cap all strapping. Contractor to propose approach. h) Contractor to measure all opening sizes for proper door fittings. -3- . Straffordville Community Park Double Door Storage Building a) Remove steel roof, siding, and fascia. b) Add additional'/4 strapping and replace fascia board, if needed. c) Replace with 26 gauge, 1.5 inch standing seam steel roof with venting. d) Replace fascia and all trims. e) Replace siding with 26 gauge steel board and batten. f) Replace double door and frame with double hollow steel doors or overhead door. Please provide pricing for both. See Page 5. g) Provide a mortise lock on man doors. h) Doors to be primed and painted. i) Contractor to measure all opening sizes for proper door fittings. 3. Straffordville Community Park Batting Cage Shed a) Remove steel roof, siding, and fascia. b) Add additional % strapping and replace fascia board, if needed. c) Replace with 26 gauge, 1.5 inch standing seam steel roof with venting. d) Replace fascia and all trims. e) Replace siding with 26 gauge steel board and batten. The following items must be confirmed prior to the start of work. The Contractor is responsible for providing colour options to municipal staff for approval prior to ordering. All selected colours should closely match those of the existing community center: a) Building fascias and trim b) All man door colours c) All siding colours d) All roofing colours SLN-: _ f �6�b� Hurl=:►g: tii3e � 4 ' {P r ' � a ' r The Corporation of the Municipality of Bayham Quotation Straffordville Community Park Storage Building Upgrades Quotation Summary Facility I Location Price 1.Straffordville Rear Storage 56169 Heritage Line $ 16 1 2^7 (, ,9 $ +HST Building 2.Straffordville Double Door Storage Building Optional: Small Overhead 56169 Heritage Line _ 56169 Heritage Line $ 9 � +HST $ r 6 ki ` .- oaf +HST Door (Building No. 2) 3.Straffordville Batting Cage 56169 Heritage Line $ L40 , o'C> +HST _Buildin ;_g Tots I #,� Closing Date: 1:00 D.m. Monday. Au -gust 5. 2025 DateA t t,4 .1 c,2- Company Name: fiSL�tii� utti_C1 Address:_i IL.0}.+ - Telephone: J �C1— +I q - H�� Fax: t�IA Signed: D f_ R _' IIf NOTES: 1. Lowest or any proposal not necessarily accepted. I w5 o double dcoc ixc e- ,