HomeMy Public PortalAboutBy-Law 2022-050 Tecumseh Road East Street and Storm SewerThe Corporation of the Town of Tecumseh
By -Law Number 2022-050
Being a by-law to authorize the execution of an Agreement between The
Corporation of the Town of Tecumseh and Coco Paving Inc. for the
construction of the Tecumseh Road East - Street and Storm Sewer
Improvements.
Whereas Coco Paving Inc. was awarded the tender for the construction of the
Tecumseh Road East Street and Storm Sewer Improvements;
And Whereas The Corporation of the Town of Tecumseh is desirous of entering into an
Agreement with Coco Paving Inc., for the construction of the Tecumseh Road East -
Street and Storm Sewer Improvements;
And Whereas under Section 5 of the Municipal Act 2001, S.O. 2001 c.M.25, the powers
of a municipality shall be exercised by its Council by by-law.
Now Therefore the Council of The Corporation of The Town of Tecumseh enacts
as follows:
That the Mayor and the Clerk be and they are hereby authorized and
empowered on behalf of The Corporation of the Town of Tecumseh, to execute
an Agreement between The Corporation of the Town of Tecumseh and Coco
Paving Inc., dated the 28t" day of June, 2022, a copy of which Agreement is
attached hereto and forms part of the by-law and to do such further and other
acts which may be necessary to implement the said Agreement.
2. And That this by-law shall come into force and take effect upon on the date of
the third and final reading thereof.
Read a first, second, third time and finally passed this 28th day of June, 2022.
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Du TECU MSE" d
Gary McNamara
Signed with ConsignO Cloud (2022/06/29)
Verify with verifio.com or Adobe Reader.- i i
Gary McNamara, Mayor
Jennifer Alexander
Signed with Consign0 Cloud (2022/07/05) kA
Verify with verifio.corn or Adobe Reader.
Jennifer Alexander, Acting Clerk
THIS AGREEMENT made in triplicate this 28th day of June A.D. 2022
BETWEEN:
The Corporation of the Town of Tecumseh
(hereinafter called the 'OWNER')
OF THE FIRST PART:
- and -
Coco Pavinq Inc.
(hereinafter called the 'CONTRACTOR')
OF THE SECOND PART.
WHEREAS the tender of the Contractor respecting the construction work, hereinafter referred to
and described, was accepted by the OWNER on the 28th day of June 2022
THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the
covenants hereinafter contained, the Parties hereto agree as follows:
1. The Contractor hereby covenants and agrees to provide and supply at his expense all and
every kind of labour, machinery, equipment and materials for, and to undertake and complete in
strict accordance with his tender dated the 19th day of May 20 , and the Contract
Documents (consisting of the Form of Tender, General Conditions of Contract, Drawings,
Specifications, Information for Tenderers, Special Provisions of Contract, if any, including all
modifications thereof and incorporated in the said documents before their execution) prepared by
STANTEC CONSULTING LTD., Consulting Engineers, and all of which said documents are
annexed hereto and form part of this Agreement to the same extent as if fully embodied herein, the
construction of the Tecumseh Road East — Street and Storm Sewer Improvements.
2
for the sum of: Five Milllion Four Hundred Ninety Thousand Six Hundred Seventy Dollars and
Zero Cents
($5,490,670.00)
(including H.S.T.)
The Contractor further covenants and agrees to undertake and complete the said work in a
proper workmanlike manner to the entire satisfaction of the said Consulting Engineers, within the
specified time in his tender. Time shall be deemed the essence of the Contract.
3. The Contractor further covenants and agrees that he will at all times, indemnify and save
harmless the Owner, its officers, servants and agents, from and against all loss or damage, and
from and against all actions, suits, claims and damages whatsoever which may be made or brought
against the Owner, its officers, servants and agents by reason or in consequence of the execution
and performance or maintenance of the said work or of the non -execution or negligent execution
thereof by the Contractor, its servants, agents or employees.
4. The Contractor further covenants and agrees to furnish, in accordance with the Contract
Documents, a Performance Bond and a Labour and Material Payment Bond each in an amount
equivalent to One Hundred Percent (100%) of the Tender Price, in such form and issued by such
surety as may be approved by the Consultant Engineers and/or the Owner's solicitor, guaranteeing
the faithful performance of the said work, in accordance with the terms of this Agreement.
The Owner hereby covenants and agrees that if the said work is duly and properly executed
and materials are provided as aforesaid, and if the said Contractor carries out, performs and
observes all of the requirements and conditions of this Agreement, the Owner will pay to the
Contractor the price set forth in his tender, such payment or payments to be made in accordance with
the provisions of the General Conditions of the Contract referred to above.
6. This Agreement and everything herein contained shall enure to the benefit of and be binding
upon the parties hereto, their heirs, executors, administrators, successors and assigns, respectively.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their Corporate Seals, if any, duly
attested by the signature of their proper officers in that behalf, respectively.
(1---)zz �--,
WI SS AS TO SIGNATURE OF CONTRACTOR
WITNESS AS TO SIGNATURE OF OWNER
Signature & Seal
Coco Paving Inc.
Contractor's Name
485 Little Baseline Road,
Tecumseh, Ontario N8N 21-9
Contractor's Address
The Corporation of the Town of Tecumseh
Owner McNamara
Signed with Consigno Cloud (2022/0629)
Verify with verifio._ or Adobe Reader.
Owner's Signing Offinar
Jennifer Alexander
Signed with Consigno Cloud (2022/07/")
Verify with _ fio.com or Adobe Reader.
Owner's Signing Officer