3040-2013 Road Construction Agreement (Branch & Charleville Roads)
BEING A BY-LAW TO AWARD THE TENDER CONTRACT FOR RECONSTRUCTION OF BRANCH ROAD AND CHARLEVILLE ROAD
Passed by Council July 29, 2013
CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3040
BEING A BY-LAW TO
AWARD THE TENDER CONTRACT FOR
RECONSTRUCTION OF BRANCH ROAD AND CHARLEVILLE ROAD
WHEREAS the Municipal Act, 2001 c. 25 S.O. 2001 section 8 allows for the Powers
of a Natural Person and those powers may include the entering into an agreement for
AND WHEREAS it is deemed expedient to provide for the reconstruction of Branch
Road and Charleville Road as per tender 2013-16 and to award the contract to the
NOW THEREFORE the Council of the Township of Augusta authorizes and accepts
the submitted tender offer of G. Tackaberry and Sons Construction Company Limited
in the amount of $929,189.00 plus HST, pursuant to all the terms and conditions
therein, as hereto attached.
READ a first and second time this day 29th of July, 2013.
READ a third time and passed this the 29th day of July, 2013.
Signed by Reeve Mel Campbell and Clerk Mike Larocque
TERMS OF SERVICE AGREEMENT BETWEEN:
The “Corporation of the Township of Augusta”
(hereinafter referred to as the “Township”)
G. Tackaberry and Sons Construction
(hereinafter referred to as the “Contractor”)
This agreement is for G. Tackaberry and Sons Construction to pulverize, supply and
place granular material, apply tack coat, lay hot mix asphalt HL-2 & HL-3 and perform
ditch cleaning, re-grading to create positive drainage on Branch /road and . All work will
be performed accordance to the contract 2013-16, attached.
1. The Township shall provide access to the work site at all reasonable times as may be
required in the execution of the Contractor’s duties.
2. The Township shall provide instructions and information to the Contractor that may be
necessary in the proper execution of duties.
3. The Township shall process payment for approved invoices within 30 days of receipt.
4. The Township may terminate this Agreement:
a) For failure to comply with the terms of this Agreement immediately on
providing written notice of termination, or
b) For any other justified cause upon providing at least 10 days written notice
If termination is under paragraph (b), the Township shall pay that portion of outstanding
fees owing to the Contractor as is applicable to the completion of satisfactory service
prior to termination.
1. The Contractor shall provide all labour and equipment necessary to fulfill the
obligations of the Contract within the terms specified.
2. The Contractor shall employ only qualified and competent persons to perform the
required work, and shall ensure that said individuals are adequately trained and
supervised to fulfill their work duties.
3. The Contractor shall receive and abide by all instructions from the Township that ( may be relevant to the proper performance of the work.
4. The Contractor shall inform the Township in writing of any problems encountered
during the course of work performance, or of any relevant issues requiring the
5. The Contractor shall submit invoices in a timely manner, and shall provide all
relevant supporting information as may be required from time to time.
6. The Contractor shall not employ the services of a sub-contractor in the
performance of contractual obligations without the written consent of the
7. The Contractor shall not assign his/her rights under this Agreement without prior
written consent from the Township.
8. The Contractor shall not provide services to any parties that may, in the
Township’s reasonable opinion, give rise to a conflict of interest between the
Contractor’s duties to said parties and to the Township.
9. The Contractor shall abide by all applicable laws and regulations, and shall
maintain all required licenses, permits, policies and coverage’s (i.e. WSIB,
$2,000,000 General Liability Insurance naming the Township as an additional
insured party with respect to the proponent’s operations, acts and omissions
relating to its obligations and commitments as proposed hereunder) throughout the
term of this Agreement.
10. The Contractor shall indemnify and save harmless the Township, it’s employees
and agents from any losses, claims, damages, actions, causes of action, costs or
expenses that we or any of our employees or agents may sustain, incur, suffer, or
be put to at any time, either before or after this Agreement ends, which are based
upon, arise out of or occur, either directly or indirectly, by reason of any act or
omission by the Contractor or any of his/her agents, employees, officers, directors,
or subcontractors in providing the Services.
The Contractor shall abide by all applicable Provincial and Federal Statutes and
regulations, including the Occupational Health and Safety Act of Ontario, the Employment
Standards Act, Industrial Standards Act, and any other legislation that may be relevant to
the proper performance of the work.
The implementation of this Contract will be under the jurisdiction of the Public Works
Manager of Public Works of the Township (hereinafter referred to as the ‘Public Works
Manager’), or his duly appointed designate. Any changes to the provisions of this
agreement will be made in writing.
The Contractor shall diligently prosecute his work on this Contract to completion on, or
before, the 1st day of November, 2013.
Performance Criteria and Work Inspection
It is incumbent upon the Contractor to utilize adequate equipment and work effort that is
suitable to providing the anticipated results. The Public Works Manager will periodically
inspect the work. The Contractor shall promptly correct work that does not meet the
established performance criteria to the satisfaction of the Public Works Manager at no
additional cost to the Contract.
Payment at the Contract Price shall be considered compensation in full for performance
of the work specified and for the supply of all labour, equipment and material (except as
otherwise provided) necessary to complete the work to the satisfaction of the Public
The Tender Quantities are estimates only, and may be increased or decreased by the
Public Works Manager without alteration of the Contract Price. Should such increase or
decrease exceed 20% of the Tender Quantities, however, either party to the Contract
may submit a written request for a revision to the Unit Price, citing the reasons for said
Measurement for payment shall be made only for materials that have been delivered,
incorporated, and approved by the Public Works Manager. Payment will be made within
30 days of receipt of the approved invoice.
All applicable taxes, shall be shown separately on each invoice, and will be paid to the
Contractor in addition to the amount certified for payment. The Contractor shall provide
the Public Works Public Works Manager with applicable tax registration numbers which
will be shown on all payment certificates issued by him. The Contractor will not make any provision for Provincial or Federal taxes in the prices tendered under this Contract.
Certification and Payment
Certification and Payment of the Contract shall be paid after all of the specified
performance requirements have been meet with the exception of the 10% hold back.
Final payment will be made upon the passing of 46 days and the contractor supplies the
Township with a Statutory Declaration that all bills and subcontractors are paid.
1. Any unresolved disputes between the Contractor and the Township arising from
this Agreement shall be referred to and finally resolved by arbitration under the
Commercial Arbitration Act.
2. Any notice contemplated by this Agreement must be in writing, and either:
a. Sent by fax or e-mail to the addressee’s appropriate direction, as specified
in this Agreement;
b. Delivered by hand to the addressee’s place of business;
c. Delivered by hand to the addressee’s duly authorized agent or employee;
d. Mailed by registered post to the addressee’s place of business.
ONTARIO PROVINCIAL STANDARDS
The Ontario Provincial Standard Specifications (OPSS) form part of this contract but are
not reproduced herein. The contractor is responsible for obtaining and having on site, a
current issue of the OPSS. The OPSS is the standard specification for this contract. The
Special Provisions and Tender Items will take precedence over the OPSS where a
conflict arises. Applicable OPSS are identified for each Tender Item under the OPSS No.
Column of the Tender Item List.
Signed at Maynard this _____ day of May, 2013
Signed by CM Larocque, CAO/Clerk