PROJECT: Granular A Material CONTRACT NO. CH 2013-02 THIS AGREEMENT made in triplicate this day of. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF CHISHOLM (Hereinafter called the Owner ) OF THE FIRST PART -and- eth (Hereinafter called the Contractor ) OF THE SECOND PART That the Owner and the Contractor in consideration of the fulfillment of their respective promises and obligations herein set forth covenant and agree with each other as follows: ARTICLE 1 (a) A general description of the work is: This contract is for the crushing, hauling and spreading on township roads of 6,500 cubic meters of granular A gravel at a unit price of $ per cubic meter, and the crushing, hauling and stockpiling of 2,000 cubic meters of granular A gravel at the township public works yard located at 2373 Chiswick Line at a unit price of $ per cubic meter, plus Harmonized Sales Tax for a total quoted amount of $, as directed by the Township s Public Works Supervisor or Alternate. (b) The Contractor shall, except as otherwise specifically provided, at his own expense provide all and every kind of labour, machinery, plant, structures, materials, appliances, articles and things 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 Public Works Supervisor commence the works and diligently execute the respective portions thereof, and deliver the works complete in every particular to the Owner within the time specified in the Contract. ARTICLE 2 The Owner agrees to pay the Contractor for the work outlined in Article 1 above in cubic meters by truck box measurement with tickets issued for each load. The volume of materials will be measured loose by predetermined truck box capacity. Loading of each truck shall be kept to not less than the predetermined capacity. A load ticket will be issued for each truck load, with the cubic meters for payment shown. If a dispute arises regarding the amount of material being placed in the truck box, it is the truck operator s responsibility to level the load to determine if the load meets the predetermined capacity. 1
ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 The Owner agrees to provide a ticket person to keep track of the number of truck loads of gravel spread on the roads or delivered to the public works yard at no cost to the Contractor. In the event that the Tender provides for and contains a Contingency Allowance, it is understood and agreed that such Contingency Allowance is merely for the convenience of accounting by the Owner, and the Contractor is not entitled to payment thereof except for extra or additional work carried out by him in accordance with the Contract and only to the extent of such extra or additional work. The Owner covenants with the Contractor that the contractor having in all respects complied with the provisions of the Contract, will be paid for and in respect of the works the sum of subject to Article 4 hereof and subject to additions and deductions as may properly be made under the terms hereof. The Contractor shall maintain a policy of motor vehicle liability insurance for both owned and non owned licensed vehicles having limits of not less than $2,000,000.00 inclusive per occurrence for bodily injury, death, and damages to property. The Contractor shall provide a certified copy of the Firm s Public Liability and Property Damage Insurance Policy for the work in the amount of $2,000,000 per occurrence for bodily injury, death and damage to property within ten (10) calendar days of receiving the Contract Agreement from the Owner. The general liability policy shall include the Municipality as an additional insured, but only in respect of and for the duration of the services to be performed under this contract and shall contain a cross liability clause endorsement. The Contractor shall also provide a clearance certificate from Workplace Safety and Insurance Board for the workers and an exemption certificate for the contractor himself if he is not covered and will be working on site, within ten (10) calendar days of receiving the Contract Agreement from the Owner. Failure to provide the above-noted documentation within ten (10) days of receiving the Contract Agreement shall result in cancellation of the Tender Award. The Contractor shall comply with all Ministry of Labour, and Occupational Health and Safety Regulations; shall provide proof of surface miner core certification; shall be responsible for leaving the pit in a state of repose satisfactory to Ministry of Labour Regulations; and shall notify appropriate authorities of the contract to be undertaken and forward a copy of the notice to the Owner. 2
ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 The Contractor agrees that the contract quantities are estimated only and may be increased or decreased by the Owner without alteration of the price per cubic meter. Such increases or decreases shall not exceed 10%. The Contractor agrees to complete the work to the satisfaction of the Public Works Supervisor or Alternate between September 1 st, 2013 and September 30 th, 2013. If the work is not completed by the above-noted date, or be an amended date allowed by an approved extension of time in writing signed by both parties, the Contractor agrees to pay the Owner a sum of one hundred fifty dollars ($150) per calendar day, for each day s delay in finishing the work, as liquidated damages. The Owner shall pay the Contractor for all work done at the unit price specified in this contract, less a 10% hold back, upon certification of completion of the work to the satisfaction of the Public Works Supervisor or Alternate. The Owner may retain an additional hold back to cover any written liens submitted during the term of the contract. The Owner shall pay the 10% hold back, not including an amount retained for unresolved claims, to the Contractor thirty (30) days after certification by the Owner that the Contract is complete. Where any notice, direction or other communication is required to be or may be given or made by one of the parties hereto to the other or to the Engineer or his agent, it shall be deemed sufficiently given or made if mailed or delivered in writing to such party or to the Clerk-Treasurer at the following addresses: The Owner: Chisholm Township 2847 Chiswick Line RR #4 Powassan, ON P0H 1Z0 The Contractor: ARTICLE 12 A copy of the Tender is hereto annexed and made part of this Contract Agreement as fully to all intents and purposes as though recited in full herein. 3
ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 No implied contract of any kind whatsoever by or on behalf of the Owner shall arise or be implied for anything in this Contract contained, nor from any position or situation of the parties at any time, it being clearly understood that the express covenants and agreements herein contained made by the Owner shall be the only covenants and agreements upon which any rights against the Owner may be founded. Time shall be deemed to be the essence of this project. The Contractor declares that in tendering for the works and in entering into this Contract he has either investigated for himself the character of the work and all local conditions that might affect his Tender or his acceptance of the work, or that not having so investigated, he is willing to assume and does hereby assume all risk of conditions arising or developing in the course of the work which might or could make the work, or any items, thereof, more expensive in character, or more onerous to fulfill, that was contemplated or known when the tender was made or the Contract signed. The Contractor also declares that he did not and does not rely upon information from such sources was and is approximate and speculative only, and was not in any manner warranted or guaranteed by the Owner. The Contract shall be interpreted in accordance with the law of Ontario. This Contract shall remain in force and effect until the work has been completed to the Municipality s satisfaction. This Contract shall apply to and be binding on the parties hereto and their successors, administrators, executors and assigns and each of them. 4
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written or caused their corporate seals to be affixed, attested by the signature of their proper officers, as the case may be. TOWNSHIP OF CHISHOLM Leo Jobin, Mayor _ Linda Ringler, Clerk-Treasurer _ Contractor 5