HomeMy WebLinkAbout96-180 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 96- 180
Being a By-law to authorize a contract
between the Corporation of the Municipality
of Clarington and Kraco Carpentry Service
Ltd. , Bowmanville, Ontario, for the
Construction of a Storage Shed, Clarke
Museum.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOLLOWS :
1 . THAT the Mayor and Clerk are hereby authorized to execute,
on behalf of the Corporation of the Municipality of
Clarington with the Corporation Seal, a contract between
Kraco Carpentry Service Ltd. and said Corporation.
2 . THAT the Contract attached hereto as Schedule "A" form part
of this By-law.
By-law read a first and second time thisl5thday of October, 1996 .
By-law read a third time and finally passed this 15th day of
October, 1996 .
May
Slandatd Consitur6on D.wutnent - (Y IH'2• 179d
1:1'«'1?I?N OWNER AND CONTRAC"1'011
ndated price iv the hash of payment.
e Inert made ou die __.._. 15 t h _... -- day of October
in the year Nineteen Hundred and Ninety Six
Ivy and helm-eett
Kraco Carpentry Service Ltd..-..
Al .Ch.u.rc.h_ St_reet...Bowmanvi 1 1 e , Ontar.i o L1 C 1 S6
hereinafter called the "Ott-tier"
and
... .................. .....The . Corpora.t.i.o.n .o.f._..the..Mu.nici pal i ty of.. Cl ari ngton
....40...Temperance-_.S_treet.,.....Bowmanvi 1 1 e ,._ Ontario L1 C 3A6
hereinafter called the "Contractor"
The Owner and die Contractor agree as follows:
ARTICLE A-1 TIM WORK
The Contractor shall:
1.1 perform Ole l ork required by the Contract Documents for
.....Construc.ti on ..of._Stora.ge....Bui l di.ng....for._.t.he Cl. arke Museum
inter►abrn•e the title r j the IVork
located at ._7-086-_Ol d.-Ki_rby_._School _Road,__.Ki rby , . Ontari o LOB 1 MO
i►uert abm•e the PLu a aJ the 1vork
which have been signed by die parties, and for which d R . F r e e t h y A r c h i t e c t
5 Si l-ver-Street- Bowmanvi 1.1 e,•. Ontario L1 C - 3C2
inters abrn•e the►Mare r f the('onarh�rnt
is acting as mid is hereinafter called the "Consultant"and
1.2 do mid fulfill everydiing indicated by this Agreement, and
1.3 commence the pork by die ._ 2.5 t h-__ day of------ 0 c t o b e r in the year 19 9 6
and, subject to adjustment in Contract Time as provided for in the Contract Mcu►tfents. anain Suh.%faruial
Performance of the 11 erk. by the 3 0 t h day of J a n u a r y in the year 19 9 7•
CCDC 2 - 1994 rite 00502 1
ARTICLE A-2 AGR13F,MENTS AND AMENDMENTS
2.1 The Contract supersedes all pricer negotiations,repres_rotations,or agreements,either wrillen or oral,relating
in any tn:umer to the Work, including the bidding docurnents that are net expressly listed in Article A-3 of
the Agreement - CONTRACT DOCUMENTS.
2.2 The Contract may be arnendcol only as provided in tine Contract Docruntents.
ARTICLI,", A-3 CONTRACT DOCUMEIN7;S
3.1 The following are the Contract Docrtn►ents referred to in Article A-I of the Agreement - '1'111: WORK:
• Agreement Detween Owner viol Contractor
• Definitions
• The General Conditions of the Stipulated Price Coll
As listed in Section 00050 " List of Documents
Tender No. CL96-18 bound seperately as amended by,
Post Tender Addendum No. 1 Dated Oct. 15, 1996;
Addendum No. 1 C196-18 dated July 31, 1996;
Addendum No. 2 C196-18 dated August 12, 1996;
Addendum No. 3 C196-18 dated August 27, 1996 inclusive.
* (Insert Here, attaching additional pages if required, a list identifying aft other Co»tra(,r 1)nc►n»r»l.r , ��
,Sttpplententarr Conditions;Specifications,giving a list of contents with section numbers a»d ti►les, n►r►nhhrr of
pager, and dale; Dran•ing.r, giving dra►ring number, title, dale, revision► date or mark: A(Uendo, ,4�ih i»� tit/R
ntunber, date)
cc the z .
1991 rite M502
ARTICLE A-4 CONTRACT PRICE,
4.1 The Contract Price, which excludes Value Added 7aves, is:
-Seventy--Three -Thousand Eight Hundred and
and Twenty_qLne --------------------------- dollars
and --- - ------------------- $73 , 821 . 00
7� 100. cenu
4.2 Value Added Tares (of 7 %) payable by the Owner to die Contractor are:
---Fi-ve---Thousand--One Hundred --and------- ---
____Si x-ty---Seven-Doll ars-and-- dollars
and.... cents. $ 5 , 167 . 47
4.3 Total amount payable by the Owner to the Contractor for die construction of
the Work is:
_S_e_v_en,t_y E gh-t—T-hous and-Wi-ne—A u-ndred -,a n d____
_-EighAY-Ught Dollars-------- ------------- dollars
and -------------------47 cents. $ 78, 988. 47
4.4 All amounts are in Canadian funds.
4.5 These amounts shall be subject to adjustments as provided in the Contract Documents.
CCDC 2 - 1994 File 00502
ARTICLE A-5 PAVNIENT
5.1 Subject to the provisions of the Contract Documents, and in accordance with legislation and statutory
regulations respecting holdback percentages arid, where such legislation or regulations do not exist or apply,
subject to a holdback of _T e n---- ------ percent ( __ 10.9O, the Owner shall in Canadian funds:
.l snake progress payments to (lie Contractor on account of the Contract Price when due in tlic amount
certified by the Consultant together with such Value Added Titres as may be applicable to such
payment, and
.2 upon Substantial Performance of Me {York, pay to the Contractor the unpaid balance of tlic holdback
amount when due together with such Value Added Taxes as may be applicable to such payment, and
.3 upon the issuance of the final certificate for payment, pay to the Contractor the unpaid balance of the
Contract Price when due together with such Value Added Taxes as may be applicable to such payment.
5.2 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance
policies, payments shall be made to the Contractor in accordance with the provisions of GC 11.1 -
INSI-IRANCE.
5.3 Interest
I Should either party fail to make payments as they become due under the terns of the Contract or in
an award by arbitration or court, interest at -P r-j-m e__f_--tw g-_-- Percent ( P r i m e7g)a►cr annum
above the bank rate on such unpaid amounts shall also become due and payable until payment. Such
interest shall be compounded on a monthly basis. The bank rate shall be the rate established by the
Batik of Canada as the minimum rate at which the Bank of Canada snakes short term advances to the
chavered banks.
.2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.3.1 of this Article on the
amount of any claim settled pursuant to Part 8 of the General Conditions - DISPI FlT RFSOLI ITION
from the date the amount would have been due and payable under the Contract, had it not been in
dispute, until the date it is paid.
CCDC 2 - 1994 File 00502 4
ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICE=S
6.1 Notices in writing between the parties or between them and the Consultant shall be considered to have been
received by the addressee on the date of delivery if delivered to the individual, or to a member of the firm.
or to an officer of the corporation for whom they are intended by hand or by registered post; or if sent by
regular post, to have been delivered within 5 Working Darr of the date of mailing when addressed as follows:
The Owner at _-_The---Corporation of the -Municipality of Cl ari ngton
street and number and postal tins mmrher if applicable
40
Temperance_ Street_ Bowmanvi1le , -Ontario L1C 3A6
post office or district, province, postal rode
The Contractor at__Kra-c_o_--C_a_r.p_e.n try, .Ser Y i_c_e_1.t d
street and ru o l)rr and postal box number if applicahle
_
Box 14 - 47 Church_Street Bowmanvi 1 1 e , Ontario L1 C 1 S6
post office or district,province, postal rorle
The Consultant at 3 R . Fie e th-v A r chLt-eft_---—._--.----------.---- ---
street and number and postal boo mumhrr if applirahle
_ 55 Myer St,reet BowManv-U.Le.,_Ontar_.i_o___L.1-C _.3C2___ _ . . -.
post Wire or district,province,postal code
ARTICLE A-7 LANGUAGE OF THE CONTRACT
7.1 When die Contract Documents are prepared in both the English and Drench languages, it is agreed that in the
event of any apparent discrepancy between the English and French versions, the l?nglish/French* language
shall prevail.
* Complete this statement by striking out inapplicable terns.
7.2 This Agreement is drawn in English at the request of the parties hereto. La prdsente convention est rCdigte
en anglais A la demande des parties.
ARTICLE A-8 SUCCESSION
8.1 The Contract Documents are to be read into and form part of this Agreement and the whole shall constitute
the Contract between the parties, and subject to the law and the provisions of the Contract Documents shall
enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives,
successors, and assigns.
CCDC 2- 1994 Pile 00502 5
In witness whereof the parties hereto have executed this Agreement and by the hands of their duly authorized
representatives.
SIGNED AND DE'LIVERE'D
in lie presence of.
OWNER
CORPORATION OF Tiff!43UNICIRMITY M CIARII�I€MM
-- -- ---
name of ox•ww -
signature WITNESS
name and title of person signing
signature signature
name C'�ttl ' gri name and title of person signing
CONTRACTOR
(-13
name of contractor
signature WITNESS
name ar title of person signing
- ---- --- ----—------------- _-- - -- ------------- ------
......
signature signature
name and tide of person signing name and title of person signing
N.B. Where legal jurisdiction, local practice, or Owner or Contractor requirement calls for:
(a) proof of authority to execute this document, attach such proof of authority in the form of a certified
copy of a resolution naming the representatives)authorized to sign Cite Agreement for and on behalf
of the corporation or partnership; or
(b) rite affixing of a corporate seal, this Agreement should be properly sealed.
CCDC 2- 1994 File 00502 6
THE MUNICIPALITY OF CLARINGTON-CONSTRUCTION OF STORAGE SHED FOR CLARKE MUSEUM
KIRBY,ONTARIO
s
October 15,1996
PROJECT NO.CL96-18 POST ADDENDUM NO. 1 PAGE 1
Based tender price of$88,045.00 is hereby amended as follows:
1.1 The following credits shall be applied to and govern the contract documents.
g.11 Separate Price
2.1.1 Item 10.2"Delete the windows located on grid line 7 and 13". Credit ($1,184.00)
2.1.2 Item 10.4"Delete the 2-1630 mm radius semi circular windows
located on the north and south gable ends". Credit ($1,700.00)
2.2 Delete the cupola in it's entirely except supporting trusses shall be
as per the specified point leads for future accommodation of the cupola. Credit ($1,440.00)
2.3 Delete the west dormers element in it's entirety between grid line.:"7 and
13" and"A to D"inclusive except the bear? and col provisions as "
detailed shall remain at line"D".
Infill wall construction from 7D to 13D shall be similar to the balance of
the wall at line"0".
The footing configuration is hereby revised to a single lift 12" deep with
a galvanized post anchor saddle in lieu of the 2 stage pour. Sodding
is deleted. The Contractor shall establish the finish grade to within 2"
of the scheduled final grade. Credit ($9,900.00)
TOTAL OF CREDIT($ 14,224.00)
NET RESULTANT CONTRACT PRICE ($ 73,821.00) + GST
*END OF POST ADDENDUM NO.1*