ࡱ>  xbjbjVV K<<p!XX8k|]!!!O]Q]Q]Q]Q]Q]Q]n_bQ]m$-!-!^m$m$Q]Ff](((m$O](m$O]((2;WG[VQ<%X.;]|]0]XJb&`b\G[bG[!9"|("d#T!!!Q]Q]'!!!]m$m$m$m$b!!!!!!!!!X a: THIS CONTRACT made the _________ day of _______________________, 20____. BETWEEN: County of Thorhild No. 7, on behalf of The Thorhild Regional Waste Management Services Commission (hereinafter referred to as the "County") OF THE FIRST PART - and - (hereinafter referred to as the "Contractor") OF THE SECOND PART WHEREAS the County requires the Contractor to perform certain work located in County (hereinafter referred to as the Work) as outlined in the Contractors Quotation dated [County to insert date], a copy of which is attached hereto as Schedule A; AND WHEREAS the Contractor is qualified or has in its employment personnel qualified to perform the required Work; NOW THEREFORE, in consideration of the promises, mutual terms, covenants and conditions contained herein, the parties hereto agree as follows: 1. The County hereby retains the Contractor and the Contractor hereby accepts such retainer to provide the Work, which includes, but is not limited to the following, namely: The Work, in general terms, shall consist of: Any other work which may be requested by County from time to time The Commission is ceasing landfill operations at the Long Lake landfill located in the SW 9 63 19 W4M. The landfill will be converted to a temporary roll off box transfer station. The County averages 2,000 tons of Municipal Solid Waste (MSW) per year. The County of Thorhild may at its discretion use a small rubber tired backhoe to increase the density of the MSW placed in the bins at the transfer station. The transfer station at Long Lake will be open to the public on Thursday and Sunday of each week and the Thorhild Transfer Station will be open to the public on Wednesday and Saturday of each week. The successful bidder on this tender will be given access to the Long Lake and Thorhild sites both on days when the sites are open and through provision of a key on days when the sites are closed to the public. Any alternatives presented must provide complete costs for rental and servicing of bins. When either site is open to the public, it will be supervised by County of Thorhild staff. Additional days may be scheduled during certain periods of the year once site usage patterns are well known. If this occurs the successful Contractor will be notified at least seven (7) days in advance of such decisions. The Contractor will be responsible for the cleanup of any spillage of materials caused by its operations along roadways. If the County of Thorhild has to clean up any spillage, the costs will be withheld from the Contractors monthly payment. 2. The term of the Contract shall be from March 19, 2012 to September 19, 2012 (hereinafter referred to as the Term). 3. In carrying out its obligations hereunder, the Contractor shall be bound by and observe all applicable federal, provincial and municipal legislation and related regulations, which, without limiting the generality of the foregoing, shall comply with the provisions of the Occupational Health and Safety Act, R.S.A. 2000, Chapter 0-2 and amendments thereto and Regulations thereunder or any successive legislation, and shall at all times ensure that all employees and Sub-Contractors at the worksite comply with the requirements of the said Act and regulations thereunder. The Contractor shall be the general representative and agent to the County for the purposes of ensuring compliance with safety regulations for both its own employees and those of any Sub-Contractors. The Contractor shall bring to the attention of Sub-Contractors the provisions of the Occupational Health and Safety Act and Regulations thereunder. The Contractor acknowledges that he is an "employer" as defined in the Alberta Occupational Health and Safety Act. 4. Prior to commencing the Work described hereunder and prior to receiving any payment, the Contractor shall provide evidence of compliance with all requirements of the Province of the place of the Work with respect to Workers Compensation including payment due thereunder. At any time during the term of this Contract, when requested by the Countys representative, the Contractor shall provide such evidence of compliance by himself and any or all of his Sub-Contractors. The Contractor shall be responsible for the payment of all income tax, Canada Pension, employment insurance and all other required payments, contributions or deductions including, but not limited to, any assessments levied pursuant to the Workers' Compensation Act that arise or may hereafter arise with respect to the Work performed by the Contractor under this Contract. No work shall be performed by the Contractor until the Contract has been executed by both parties hereto. 7. The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformance with the Contract Documents. He shall be solely responsible for construction means, methods, techniques, sequences and procedures and for co-ordination of the various parts of the Work under the Contract. 8. The Contractor shall prepare and update as required a construction schedule indicating the timing of the major activities of the Work. The schedule shall be designed to ensure conformance with the required Contract Time. The schedule shall be submitted to the County for their information within a reasonable time from the date of Contract award. The Contractor shall monitor the progress of the Work relative to the schedule and advise the Owner of any revisions required as the result of delays, indicating the results expected from the resultant change in schedule. The Contractor will provide qualified employees to provide the Work required under this Contract. The Contractor will provide a representative for the management and administration of the Work required by this Contract. The Contractor shall maintain good order and discipline among his employees engaged on the Work and shall not employ on the Work anyone not skilled in the task assigned to him. The Contractor shall maintain the Work in a tidy condition and free from the accumulation of waste products and debris. In consideration of the proper performance by the Contractor of the Work pursuant to this Contract, and subject to verification of the actual Work performed by the Contractor, the County shall pay the Contractor the amount set out in the Contractors invoice, less applicable holdback as provided for in the Alberta Builders Lien Act, within thirty (30) days from the date of receipt of an invoice from the Contractor. The amounts of such payments shall be based on actual progress less holdback as certified by the Owner. All amounts payable by the County to the Contractor for Work hereunder shall be exclusive of any Goods and Services Tax ("GST") payable thereon and the County shall, in addition to the amounts payable, pay to the Contractor all amounts of GST applicable thereon. If the County fails to make payments to the Contractor as they become due under the terms of this Contract or in an award by arbitration or court, interest of Prime plus one percent (Prime plus 1%) per annum on such unpaid amounts shall also become due and payable until payment. Such interest shall be calculated and added to any unpaid amounts monthly. 15. (a) Nothing in this Contract shall be construed as: (i) constituting either party as the agent, employer or representative of the other party; (ii) creating a partnership; or (iii) imposing upon either party any partnership duty, obligation or liability to the other party. (b) The relationship created by this Contract between the County and the Contractor is that of independent contractor. 16. The Contractor has no authority to assume or create any obligation whatsoever, expressed or implied, on behalf of or in the name of the County, nor to bind the County in any manner whatsoever. 17. The Contractor shall be responsible for all fees, licenses, permits, filings, and all other costs incidental to the performance of the Contractor's obligations under this Contract. 18. The County may, at its discretion, agree in advance to reimburse the Contractor for specific expenses to be incurred by the Contractor in the discharge of its obligations hereunder. Such expenses shall only be paid when approved prior to expenditure and thereafter supported by proper receipts, invoices or vouchers submitted to the County within thirty (30) days from the date upon which such expenses are incurred. 19. The County reserves the right to engage Other Contractors for the same or similar type of work in the event that the Contractor is unable to perform the Work as assigned to the Contractor by the County. The Contractor may accept concurrent contracting retainers from other parties during the Term; provided that they do not interfere, in the opinion of the County acting reasonably, with the Work the Contractor is required to perform under this Contract. 20. The Contractor will report on a regular basis, as required by the County, on the Work provided pursuant to this Contract. The Contractor will make available such information, including data and documents, as the County may require from time to time relating to the obligations of the Contractor to allow the County to evaluate the quality and progress of Work provided under this Contract. Supporting the Contractors request for payment shall be all applicable invoices for materials, time sheets, government remittance records and such other material as the County, acting reasonably, may require. The County and its authorized agents or representatives shall at all times have access to the Work. If parts of the Work are in preparation at locations other than the Place of the Work, the Owner or his authorized agents or representatives shall be given access to such Work whenever it is in progress. If the Contractor covers or permits to be covered Work that has been designated for testing, inspections or approvals before such tests, inspections or approvals are made, given or completed, he shall, if so directed, uncover such Work, have the inspections or tests satisfactorily completed and make good such Work at his own expense. The County may order any part or parts of the Work to be specially examined should he believe that such Work is not in accordance with the requirements of the Contract Documents. If, upon examination such Work be not found in accordance with the requirements of the Contract Documents, the Contractor shall correct such Work and pay the cost of examination and correction. If such Work be found in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examination and replacement. The Contractor shall furnish promptly to the County two (2) copies of certificates and inspection reports relating to the Work. The Owner shall promptly give the Contractor written notice of observed defects and deficiencies. The Contractor agrees to correct promptly, at his own expense, defects or deficiencies in the Work which appear prior to and during the period of six (6) months from the date of Annual Construction Completion of the Work, or such longer periods as may be specified for certain products or work. Defective Work, whether the result of poor workmanship, use of defective products, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not, which has been rejected by the County as failing to conform to shall be removed promptly from the Place of Work by the Contractor and replaced or re-executed promptly at the Contractor's expense. Where the County determines that the Contractor is in default of its obligations as set out in this Contract, the County shall, by written Notice of Default, require the Contractor to remedy such default, at the Contractors sole expense, within forty-eight (48) hours of the delivery of the Notice of Default to the Contractor. The Contractor shall be in compliance with the Countys instructions if: (a) the Contractor corrects the default within the time specified in the Notice of Default; or (b) if the default cannot be corrected within the time specified in the Notice of Default, the Contractor commences the correction of the default within the time specified in the Notice of Default; and (i) the Contractor provides a schedule to correct default acceptable to the County; and the Contractor corrects the default within the time set out in the schedule agreed to by the County. In the event that the default is not corrected in accordance with this clause to the Countys satisfaction, or in the event of urgent circumstances where the giving of a written Notice of Default is impossible, or impracticable, as may be determined by the County in its sole and unfettered discretion, the County may, without prejudice to any other right that the County has pursuant to this Contract, or at law; (a) terminate the Contractors right to continue with the Work of this Contract, in whole or in part; or (b) terminate the Contract forthwith; or (c) correct the default at the Contactors expense and deduct the cost of same from any amount of monies that maybe, or become, due and owing to the Contractor, or (d) complete the Work, or allow another contactor to complete Work if results are not satisfactory to the Countys Consultant or his representative or in the event that the schedule for the performance of the Work is not being met. The sum of all damages, expenses, fees, costs, including but not limited to solicitor and client legal costs, incurred or suffered by the County as a result of the Contractors failure to correct the default, or the termination of the Contractors right to continue with the Work of this Contract, in whole or in part, or the termination of the Contract forthwith, shall be a debt immediately due and owing by the Contractor to the County which debt may be offset by the County against any monies payable to the Contractor pursuant to this Contract or any other monies payable by the County to the Contractor. The exercise by the County of the rights pursuant to this clause shall not limit any other remedy the County may have pursuant to this Contract or at law. 30. This Contract may be terminated for convenience by the County at any time by giving forty-eight (48) hours written notice of termination for convenience to the Contractor. The effective date of the termination for convenience shall be set out in the Notice of Termination for Convenience. The Contractors right to consideration shall be limited to payment for Work performed and not previously paid for up to the effective date as set out in the Notice of Termination for Convenience. The Contractor specifically agrees that the Notice of Termination for Convenience and consideration set forth in this clause constitutes reasonable, fair and equitable notice and compensation for damages, if any, which may be suffered by the Contractor as a result of the termination for convenience of this Contract. In the event this Contract is terminated for convenience, the Contractor shall perform the Work required by this Contract up to and including the effective date set out in the Notice of Termination for Convenience and shall, upon request, provide the County with a written report on the Work rendered to the time of termination for convenience. Except for any such report, the Contractor shall not perform any further Work subsequent to the effective date set out in the Notice of Termination for Convenience. 31. Deleted. The Contractor acknowledges that the County is subject to the Freedom of Information and Protection of Privacy Act, RSA 2000, Chapter M25. Confidentiality for any records compiled or created under this Contract cannot be ensured by the County. Provisions exist under the Act to allow disclosure of personal or business information where disclosure would not be harmful to business interest or would not be deemed an unreasonable invasion of your personal privacy as defined within the Act. The Contractor also acknowledges that information and records compiled or created under this Contract, which are in the custody of the Contractor, are also subject to the Act. If the County receives a request for information under the Act, which includes information provided by the Contractor, the County will give the Contractor notice of such request and the Contractor will respond to such notice in accordance with the Act. If the Contractor does not respond to the notice from the County, it will proceed to process the request for information in accordance with its procedures as set forth within the Act. If the Countys response to a request under the Act is appealed to the Office of the Information and Privacy Commissioner, the Contractor shall be responsible for the burden of proof as to exception from disclosure as defined under the Act. The Contractor shall be responsible for all costs related to confidentiality requirements. As applicable, for County records and information under its care, the Contractor shall bear the burden and associated costs of records management practices required under the Act. As well, the Contractor shall be responsible to provide for the protection of confidential County records and information as required by the Act. Neither the County, nor the Countys employees, shall use, copy, disclose or otherwise communicate any information not available to the general public that was gained by them in the course of the duties. Neither the Contractor, nor the Contractors employees, shall use, copy, disclose or otherwise communicate any information not available to the general public that was gained by them in the course of the duties. The County shall furnish to the Contractor such information in its possession reasonably required for the proper performance of the obligations of the Contractor, and shall, in every way provide such cooperation as is reasonable in order for the Contractor to be able to perform the Work required pursuant to this Contract in a satisfactory manner. The Contractor shall retain all information and records received or compiled by the Contractor in accordance with this Contract for a minimum period of one (1) year from the date of termination of this Contract. The Contractor hereby represents and warrants with and to the County, and acknowledges that the County is relying upon such representation and warranty, that the Contractor is in compliance with all laws and regulations of any public authority relating to the conduct of its business and has all required approvals, permits, licenses, certificates and authorizations necessary to carry on its business and to carry out its obligations hereunder and there are not any proceedings whatsoever, actual or pending, and whether concerning cancellation, extension or otherwise, relating to the said approvals, permits, licenses, certificates or authorizations. [County to check with its insurance provider in order to confirm the correct type of insurance coverage and amount] 39. Without in any way limiting the liability of the Contractor under this Contract, the Contractor shall obtain and maintain in force, at the Contractors own expense, during the existence of this Contract, or any extension thereof, and shall provide evidence of the existence of same to the County prior to commencing any of the Work, the following insurance: (a) standard automobile insurance covering owned, non-owned and rented automotive equipment, bodily injury and property damage insurance providing coverage of at least One Million ($1,000,000.00) Dollars inclusive per accident for the injury to or death of one or more persons or damage to or destruction of property; (b) a commercial general liability insurance policy per occurrence providing coverage of not less than One Million ($1,000,000.00) Dollars inclusive per occurrence, with an annual general aggregate, if any, not less that $2,000,000, in respect of any one claim for injury to or death of any one or more persons or damage to or destruction of property. Coverage to include: (i) non-owned automobile liability; independent sub-contractors; employees; (iii) contractual liability including this Contract; (iv) contingent employers liability; (v) broad form property damage endorsement; (vi) cross-liability; and (viii) products and completed operations (c) workers compensation coverage for all employees, if any, engaged by the Contractor in accordance with the laws of the Province of Alberta; (d) employer's liability insurance respecting employees, if any, of the Contractor with limits of liability of not less than One Million ($1,000,000.00) Dollars per employee for each accident, accidental injury or death of an employee or any sub-contractor engaged by the Contractor; and (e) such other insurance as the County may from time to time reasonably require. The Contractor shall be liable for the cost of all of the insurance required to be held by the Contractor as set forth herein and for payment of all deductible amounts from such policies of insurance. 40. The Contractor and the County acknowledge and agree that the County shall not be liable nor responsible for any bodily or personal injury or property damage of any nature whatsoever that may be suffered or sustained by the Contractor, his employees or agents in the performance of this Contract. 41. The Contractor shall be responsible for any loss or damage to property of the County howsoever caused by the Contractors negligence or that of his employees or agents, or by the Contractors breach of this Contract. The Contractor shall extend his own "All Risks" property insurance to cover his legal liability for the property of others in his care, custody or control and shall note the interest of the County as applicable. 42. The Contractor shall ensure that: (a) all insurance coverage maintained by the Contractor in accordance with this Contract shall include waivers of subrogation by the insurers in favor of the County and shall name the County as an added insured in respect to the Work provided to the County by the Contractor; (b) no such insurance policy may be cancelled without the insurer providing no less than thirty (30) days written notice of such cancellation to the County; and (c) a Certificate of Insurance is furnished, satisfactory to the County, evidencing the required insurance coverage. 43. The Contractor shall at all times and without limitation, indemnify and save harmless the County, its Councillors, directors, officers, employees, contractors, agents and representatives from and against any and all liabilities, losses, costs, damages, legal fees (on a solicitor and his own client full indemnity basis), disbursements, fines, penalties, expenses, all manner of actions, causes of action, claims, demands and proceedings, all of whatever nature and kind which any of the County, its Councillors, directors, officers, employees, contractors, agents and representatives may sustain, pay or incur or which may be brought or made against all or any of them, and whether or not incurred in connection with any action or other proceedings or claims or demands made by third parties, with respect to any occurrence, event, incident or matter caused by, and/or arising as a direct or indirect result of: (a) any act or omission on the part of the Contractor during the performance or purported performance or non-performance of this Contract; or (b) the failure of the Contractor to remit all applicable tax withholdings, Canada Pension contributions, employment insurance contributions and all other payments, contributions or deductions for which the Contractor is liable. 44. The parties acknowledge and agree that the provisions of this Contract, which, by their context, are meant to survive the termination or expiry of the Term, shall survive the termination or expiration of the Term and shall not be merged therein or therewith. 45. No consent or waiver, express or implied, by either party to or of any breach or default by the other party in the performance by the other party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of obligations hereunder by such party hereunder. Failure on the part of either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder. 46. For the purposes of this Contract, the addresses of the parties are: COUNTY [County to insert name and address of contact person] AND CONTRACTOR [Contractor to insert name and address of contact person] Any communication, notice or service of documents required to be made during the course of this Contract will be good and sufficient if delivered to, or posted by prepaid registered mail addressed to, the above addresses. Notice given in any such manner shall be deemed to have been received by the party on the day of delivery or upon the 3rd day after the date of mailing provided that normal postal service is in existence at the time of mailing and for three (3) days thereafter. Any party may change its address for service from time to time upon written notice to that effect. In the event of disruption of normal postal Work, any party giving notice hereunder shall be required to deliver the same. 47. The laws of the Province of Alberta shall govern the interpretation of this Contract and the jurisdiction for suite relating to any matters hereunder shall be Alberta. 48. The obligations of the Contractor performed pursuant to this Contract shall only be performed by the Contractor or an employee or a party acting on behalf of the Contractor who has been approved in advance in writing by the County, such approval which may be arbitrarily withheld and which may be terminated or revoked at any time in the discretion of the County. 49. This Contract constitutes the entire Contract between the parties hereto and the parties acknowledge and agree that there are no covenants, representations, warranties, contracts or conditions expressed or implied, collateral or otherwise forming part of or in any way affecting or relating to this Contract save as expressly set out in this Contract. 50. This Contract may not be altered or amended in any of its provisions, except where any such changes are reduced to writing and executed by the parties. 51. This Contract shall enure to the benefit of and be binding upon the parties herein and their respective heirs, successors and assigns. 52. Time is of the essence in this Contract, and if either party shall fail to perform the covenants on its part to be performed at fixed times or alternatively within a reasonable time for the performance thereof under the terms of this Contract, the other party may elect to terminate this Contract. 53. If any term, covenant or condition of this Contract or the application thereof to any party or circumstances shall be invalid or unenforceable to any extent, the remainder of this Contract or application of such term, covenant or condition to a party or circumstance other than those to which it is held invalid or unenforceable shall not be affected thereby and each remaining term, covenant or condition of this Contract shall be valid and shall be enforceable to the fullest permitted by law. 54. The parties agree all reasonable efforts shall be made to resolve all disputes under this Contract by negotiation and agree to provide, without prejudice, open and timely disclosure of relevant facts, information and documents to facilitate these negotiations. The parties agree that any dispute not resolved through negotiation shall be submitted for arbitration in accordance with the provisions of the relevant arbitration legislation in the Province of Alberta. The parties hereto agree that submission of a dispute dealt with by this section shall be a condition precedent to any application or action brought before any competent court. IN WITNESS WHEREOF the parties have executed this Contract as of the date first above written. 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