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HomeMy WebLinkAbout2001-188 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2001- 188 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Snyder Construction, Ashburn, Ontario, to enter into an agreement for the construction of Walbridge Park, Newcastle, Ontario. 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 Snyder Construction, Ashburn, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. 29th October By-law read a first and second time this day of 2001. 29th October By-law read a third time and finally passed this day of 2001. Z/1 -10 la John VAon, 1vIhyor Patti . a unicipal Clerk . , SECTION C-AGREEMENT BETWEEN OWNER/THE AWARDED CONTRACTOR (To be filled out when contract awarded) The Drawings and Plans, Specifications,Information for Tenderers,Form of Tender, Special Provisions,General Conditions,Performance and Maintenance Bonds,together with this Agreement form the Contract in this matter. THIS AGREEMENT,made(in triplicate)this I st day of November ,Two Thousand One. BY AND BETWEEN SNYDER CONSTRUCTION 920 Brawley Road W., Ashburn, Ont. LOB IAO hereinafter called the Contractor of the First Part AND THE OWNER/ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 Temperance St Bowmanville Ont. LIC 3A6 hereinafter called the owner WHEREAS the said Contractor submitted a Tender for $423,772,68 a copy of which is attached hereto,and WHEREAS the said Tender was accepted by the said Corporation on the 29th day of October Two Thousand One. NOW THESE PRESENT WITNESS that the said Contractor does hereby covenant and agree with the said Owner that in consideration of the covenants and payments to be made as herein provided to comply with the following. I. To provide all materials,tools, equipment and labour of every kind required to do and perform the whole of the work set out in the Plans and Tender, and in the most substantial and workmanlike manner,according to the Schedule set out in the Information for Tenderers. 2. To indemnify and save harmless the said Owner and each of its officers, servants and agents from and against all action,claims and demands which may be brought or made by any other part in consequence of the performance of the said work or of the non-execution or imperfect performance of such work. 3. To pay to the said Owner, on demand, all loss costs, damages or expenses which may be paid, sustained,or incurred by the said Owner or any of its officers, servants, or agents in consequence of any such action, suit, claim, lien, execution or demand as here in before stated in Clause 2 above, and that in default of such payment, all such loss,costs, damages and expenses may be deducted'from any monies of the said Contractor then remaining in the possession of the said Owner on account of this contract, or may be recovered from the said Contractor or the Surety named in the bond hereto attached in any court of competent jurisdiction as money payable to such default. 4. And the said Contractor further agrees that in the event of any action as herein before stated in Clause 2 above, to authorize and empower the said Owner or its Solicitor to defend, settle, or compromise any such actions, suits, claims, executions or demands as the said Owner or its said solicitor may deem expedient,and hereby HENRY KORTEKAAS&ASSOCIATES INC. LANDSCAPE ARCHITECTURE,ENVIRONMENTAL AND RECREATIONAL PLANNING SECTION C-AGREEIVENT BETWEEN OWNER/THE AWARDED CONTRAMB (To be filled out when contract awarded) agrees to ratify and confirm all the acts of the said Owner said Contractor may, at his own expense,take charge of and conduct the defence in the name of the said Owner for any such actions, claim, or suit. 5. The said Owner covenants with the said Contractor that if the said work, including all extras in connection therewith, shall be duly and properly executed according to the terms and provisions of this contract,the said Owner will pay the said Contractor the contract price stated in the said Tender(including all approved extras as provided in the Schedule of Prices forming part of this contract)in the manner specified as to holdbacks and only upon estimates or certificates signed by the Landscape Architect. It is hereby expressly provided that the granting of any estimate or certificate,or the payment of any monies thereunder, shall not be construed as an acceptance of any defective work or material,to which the same related thereof, and shall not in any manner lessen the liability of the contractor to replace such work or material, although the conditions of the same may not have been known to, or discovered by the said Engineer at the time such estimate or certificate was granted, or money paid thereon 6. The Contractor shall perform the Work required by the Contract Documents for the complete construction of a Soccer Field. Playground. Spray Play area Skills CourL Asphalt Walkway_ Granular W-WkwAy.Tree planting and Site Amenities_ and all rests Lion work, in thp G Ucc.Court Park (Insert here the title of the Work and the Project) which have been signed by the parties, and which were prepared by Henry Kortekaas and Associates Inc. acting as and hereinafter called the"Consultant"and (a) do and fulfil everything indicated by this Agreement, and (b) commence the Work by the 5th day of November 2001 and attain Substantial Performance Completion of the Work,as certified by the Consultant, by the day of �tij+y _ 20 C . r-' 7. CONTRACT PRICE The Contract Price is Four hundred twenty three thousand seven hundred seventy two dollars and sip y eight cents ($423.772.68 )in Canadian Funds,which price shall be subject to adjustments as may be required in accordance with the provisions of the Contract Documents. HENRY KORTEKAAS&ASSOCIATES INC. LANDSCAPE ARCHITECTURE,ENVIRONMENTAL AND RECREATIONAL PLANNING SECTION C-AGREEMENT BETWEEN OWNER/THE AWARDED CONTRACTOR (To be filled out when contract awarded) IN WITNESS the seal of the Contractor and the seal of the Corporation attested by the hands of their respective authorized officers on the date first above written. CONTRACTOR S S/v�rot'w Gc�vsD�tv�n� Per: LOW of_L-?,R 4&t 7) INc- E Office: G).O r3, L0 ,Q.l. A L CORPORATION S Per: ohn Mutton E Office:Xayo r A L COMPANY SEAL er: ;Zi Barrie Office: Municipal Clerk HENRY KORTEKAAS&ASSOCIATES INC, LANDSCAPE ARCHITECTURE,ENVIRONMENTAL AND RECREATIONAL PLANNING