TENDER DOCUMENT FOR BRAZEAU COUNTY 2016 AGGREGATE PRODUCTION AND STOCKPILING

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1 TENDER DOCUMENT FOR BRAZEAU COUNTY 2016 AGGREGATE PRODUCTION AND STOCKPILING Location : Smithinsky Pit Legal : SE W5M SITE VISIT : October 11 th, 9:30 AM CLOSING DATE FOR QUESTIONS FROM BIDDERS : October 13 th, 4:30 PM BID CLOSING DATE AND TIME : October 19 th, 2016@ 2:00 PM BID CLOSING LOCATION : Brazeau County Box 77, 7401 Twp Road 494 Drayton Valley, AB T7A 1R1

2 INSTRUCTIONS TO BIDDERS 1. Project overview The Brazeau County by means of this request for tender invites firms to submit quotations for the County s gravel crushing requirements. 2. Delivery of Tenders Each tender must be submitted in a sealed envelope plainly marked, Tender for 2016 Aggregate Production and Stockpiling Smithinsky Pit, and addressed as follows: Bhupesh Sakalley Project Manager Brazeau County Box 77, 7401 TWP RD 494 Drayton Valley, AB T7A 1R1 Tenders for 2016 Aggregate Production and Stockpiling will be received until 2:00 PM local time on October 19 th, 2016 at the Brazeau County office. Contractors mailing proposals should allow sufficient mail delivery time to ensure timely receipt of their proposals. Late submissions will not be accepted. 3. Acceptability of Tenders The County reserves the right to accept or reject any or all tenders and to waive irregularities and informalities at its discretion. If there is a discrepancy found between the unit prices and the total amount, the unit price will be considered as representing the intention of the bidder. In case of a conflict between the unit price in words and the unit price in figures, the unit price in words shall govern. The bidder shall fill in every item in the tender form. Where quantities are not given, unit prices only shall be entered. The County reserves the right to accept a tender other than the lowest tender without stating any reason. PWI_2016 Smithinsky Pit Page 1 of 20 October, 2016

3 By the act of submitting its bid, the Bidder waives any right to contest in any legal proceeding or action the right of the County to award the work to whomever it chooses, in its sole and unfettered discretion, and for whatever reason the County deems appropriate. Without limiting the generality of the foregoing, the County may consider any other factor apart from price and capability to perform works that it deems in its sole discretion to be relevant to its decision. 4. Withdrawal A Bidder may, without prejudice to himself, withdraw his tender at any time up to within two (2) days of the time set for closing of the tenders. 5. Tender Deposit Brazeau County waives the tender deposit. 6. Guaranteed Bonds Brazeau County has the right to require a guaranteed bond of ten percentage (10%) of the total bid amount from the successful bidder at any time throughout this contract, at Brazeau County s discretion. Should Brazeau County request the 10% guaranteed bond and the contractor fail to provide the 10% guaranteed bond, the successful contractor will be terminated and compensation rendered will be at the sole discretion of Brazeau County. 7. Site Conditions and Site Visit The Bidder must examine the site of the work before submitting a bid, either personally or through a representative, and satisfy himself as to the nature and location of the work, local conditions, soil structure and topography at the site of this work, the nature and quality of the materials to be used, equipment and facilities needed primarily to and during the prosecution of the work and all other matters that can in any way effect the work under this contract. Submission of a tender by the Bidder acknowledges awareness of all matters that such a site inspection would reveal to a reasonable Bidder. Site visit time/date: 9:30 AM, on October 11 th, The mandatory site visit to be coordinated with one of Brazeau County representative mentioned below. All bidders will meet at Brazeau County office. Lloyd Woloszyn (780) lwoloszyn@brazeau.ab.ca OR Dave Cadwell (780) dcadwell@brazeau.ab.ca Please confirm your attendance. (Site map is attached, Figure 1) PWI_2016 Smithinsky Pit Page 2 of 20 October, 2016

4 8. Completion of Work The Bidder shall complete all work within the pits by the following specified date: Latest Completion : November 30 th, 2016 The Bidder shall state in the Tender Form, actual dates of commencement and completion of work. The commencement and completion dates shall be given proper consideration in evaluating the tenders. The County may, at its sole discretion, take all or part of the work out of the contractor s control, and may employ such means as he sees fit to have the work completed if the Contractor has not completed the work by the latest completion date. 9. Goods and Services Tax Tender prices are to be submitted Goods and Services Tax exempt. Appropriate adjustments for the Goods and Services Tax will be added to the total tendered amounts by the County. 10. NOTE TO BIDDER For information regarding this project, you may contact: Bhupesh Sakalley Project Manager Brazeau County Box 77, 7401 TWP RD 494 Drayton Valley, Alberta T7A 1R1 Telephone: (780) ext bsakalley@brazeau.ab.ca All enquiries and clarification will be received until 4:30 PM on October 13 th, Late submissions will not be accepted. PWI_2016 Smithinsky Pit Page 3 of 20 October, 2016

5 TENDER FORM I/We, the undersigned (also referred to as the "Bidder" and the "Contractor"), having fully read the contract documents and inspected the site, hereby agree to execute and complete the work contemplated in strict accordance with the said contract documents at the prices stipulated in the schedule of quantities. It is understood that: 1. The estimated quantities shown in this tender are approximate only and for the purpose of comparing bids. 2. No claims shall be made by the Bidder on account of any loss of anticipated products resulting from any excess or deficiency in the estimated quantities. 3. Payment for the work under this contract will be made on the basis of quantities measured and at the unit price submitted, which shall be compensation in full for all the work done under the terms of the contract. The conversion rate from surveyed cubic metres to tonnes shall be (1 cubic metre = 1.66 tonnes). 4. The prices quoted shall bear a proper relationship to the values of work done or the materials supplied. 5. The County reserves the right to terminate or to cancel any or all portions of the work and no claim shall be made on account of any law of anticipated profits resulting from any cancellations or terminations of this contract. 6. The Contractor is to complete the rate of payment for all items on the schedule of quantities. 7. The County reserves the right to waive formalities in, or to reject any or all tenders, or to accept the tender deemed to be most favourable in the interest of the County. 8. The County shall award this contract on a per schedule basis, and may award all, several or some of the schedules to one or more Contractors. 9. Gravel samples for testing shall be obtained by the Contractor in the presence of the Contract Administrator. If a failed gravel test is received, the contractor shall cease crushing immediately and make corrections. After corrections are made a new test will be taken, and if, in the opinion of the Contract Administrator or his designate, the crushed gravel appears to meet specifications, he may allow the contractor to continue crushing. The contract administrator will be responsible for the cost of the gravel tests. Failure to meet this standard may render this contract void. Payment will not be made for substandard material. PWI_2016 Smithinsky Pit Page 4 of 20 October, 2016

6 10. It is highly recommended that the contractor use a conveyor scale to assist in proper calculation for quantity verification and that the Contract Administrator is on site when scale is set to zero at start of crushing operation. Should this tender be accepted, the undersigned agrees to enter into a written agreement with the County for faithful performance of the works covered by this tender, in accordance to the said specific directives. The undersigned also hereby agrees to complete the work on or before 30 th day of November, 2016, or such later date as the County may for any reason determine. Witness or Seal Date Contractor s Name Contractor s Address Authorized Signature Print Name & Designation Contractor s Phone Number PWI_2016 Smithinsky Pit Page 5 of 20 October, 2016

7 SCHEDULE ONE AGGREGATE PRODUCTION AND STOCKPILING Smithinsky Pit (SE W5M) # BID ITEM TONNE MATERIAL PRICE PER TONNE ESTIMATED UNIT BID TOTAL 1. Modified Class 4-25 Up to 45,000 $ $ 2. Hauling from SML to Stockpile site (Figure 1 attached) Round trip 20 km $ $ Brazeau County will be responsible for ensuring the pit run is obtainable to mine with the Contractor s loader and/or excavator. Responsibility for de-watering the pit will be at Brazeau County discretion. The Contractor will crush the pit run in the gravel pit and when crushed, material will be stockpiled at designated sites as directed by the Brazeau County designate. If the crush pile is to be built with trucks, the pile must be in compliance with Section 539 (1) of Part 36 of OH&S manual. TOTAL TENDER AMOUNT FOR SCHEDULE ONE $ Contract Start Date: October 24 th, 2016 Work Breakdown: (mob, demob and crushing schedule, shift schedule, contingency plan for unexpected delays or breakdowns) Contract Completion Date: November 30 th, (mandatory completion) PWI_2016 Smithinsky Pit Page 6 of 20 October, 2016

8 AGGREGATE PRODUCTION AND STOCKPILING Brazeau County Gravel Specification Road Surface Gravel Sieve Size AT - (Brazeau) 5-10B Specification Brazeau Modified 4-20 Specification Brazeau Modified 4-23 Specification Brazeau Modified 4-25 Specification Brazeau Modified 4-30 Specification Brazeau Modified 4-40 Specification Brazeau Modified 4-50 Specification Brazeau Modified 6-75 Specification 80, , , , , , , , , Fracture% N/A N/A Note: (2 face) fractured material is calculated by percentage of total weight. PWI_2016 Smithinsky Pit Page 7 of 20 October, 2016

9 Brazeau County 7401 Twp Rd 494, P.O. Box 77, Drayton Valley, Alberta T7A-1R1 PHONE: (780) FAX: (780) COMPLIANCE WITH SPECIFICATIONS This form must be completed and signed to constitute a formal Tender. We have examined these Specifications thoroughly and fully understand all conditions that do or can affect the work to be done under these Specifications. We hereby certify that the work offered in our Tender complies in every respect to the County Specifications. Witness Signature or Seal of Contractor/Bidder Date PWI_2016 Smithinsky Pit Page 8 of 20 October, 2016

10 DRAFT CONTRACT DOCUMENT THIS AGREEMENT made and executed in triplicate as of this day of, BETWEEN Brazeau County (hereafter called "the County") OF THE FIRST PART AND of in the Province of Alberta (hereafter called "the Contractor") OF THE SECOND PART PWI_2016 Smithinsky Pit Page 9 of 20 October, 2016

11 WITNESSETH that for and in consideration of the covenants and agreements on the part of the County, hereafter contains and the prices hereafter mentioned, the Contractor for itself, its executors, administrators and assigns, covenants and agrees with the County to do, furnish and perform the works, matters and things required to be done in the manner hereafter described, in connection with the following works: 2016 Aggregate Production and Stockpiling Smithinsky Pit In strict accordance with the specifications and directives of the said Work hereto attached, and to complete and fully furnish in every way to the County's satisfaction. The Contractor shall complete the pit operations, certified by the County, by the 30 th day of November, It is mutually agreed that the attached tender and bond of the Contractor, together with the specifications and all other aspects of this document shall be considered part of this Agreement. In consideration hereof, and upon a contractor fully completing and executing in every particular the Work herein contracted for within the time herein for set out, and upon the said contractor satisfying the County that all just claims for labour and materials and for damages in connection with the Work have been paid, the County covenants, promises and agrees to pay unto and to the said Contractor for the actual amount of the work done. IN WITNESS WHEREOF, the Contractor has hereunto set his hand and seal as of the day and year herein mentioned. SIGNED, SEALED AND DELIVERED BY THE CONTRACTOR IN THE PRESENCE OF: Witness Contractor's Name Contractor's Signature Contractor's Mailing Address Contractor's Phone Number SIGNED AND SEALED ON BEHALF OF THE BRAZEAU COUNTY Director of Public Works & Infrastructure PWI_2016 Smithinsky Pit Page 10 of 20 October, 2016

12 CONDITIONS 1. Conditions of Agreement 1.1 Prior to acceptance of the quotation the Bidder, if requested, shall within ten (10) days meet with the County Director of Public Works or his designate, to discuss the Bidder's experience and qualifications to perform all phases of the required Work. Inability to perform any portion of the required work may result in rejection of the bid. The Bidder who is accepted shall, within ten (10) days after the above meeting, execute the Agreement. 1.2 Aggregate Production and Stockpiling pit operations shall be completed by November 30 th, The County may, at its sole discretion, take all or part of the Work out of the contractor s control, and may employ such means as he sees fit to have the Work completed if the Contractor has not completed pit operation portion of the work by the latest completion of November 30 th, All quotations received from interested parties conducting business with the Brazeau County will be considered. 1.5 The successful Bidder shall provide skilled and experienced operators, familiar with aggregate production. All work described in this contract must be carried out in a safe and workmanlike manner. 1.6 No Work shall be performed until the quotation has been accepted. 1.7 The quantities shown on the bid forms are approximate only and are prepared for the comparison of bids. Payment will be based on the actual quantities of work performed. 1.8 The County retains the right to add, modify or delete from the contract any portion of the aggregate production for any purpose which the County deems necessary. 1.9 The successful Bidder shall familiarize himself, his staff and any subcontractors with the terms of the Occupational Health and Safety Act and Regulations hereunder to ensure complete understanding respecting the responsibilities given and compliance required. The successful Bidder acknowledges that he is an "employer" as defined in the Occupational Health and Safety Act, and that he will, as a condition of the Agreement, comply with the Occupational Health and Safety Act and the regulations hereunder. The successful bidder will be deemed the Prime Contractor as defined by the Occupational Health and Safety Act. PWI_2016 Smithinsky Pit Page 11 of 20 October, 2016

13 1.10 The successful Bidder shall indemnify and save harmless the County, its employees and agents, from any and all claims, demands, actions and costs whatsoever that may arise, directly or indirectly, out of any act or omission of the successful Bidder, his employees or agents, in the performance by the successful Bidder of this Agreement Failure to provide AGGREGATE PRODUCTION AND STOCKPILING service satisfactory to the County may result in termination of the Agreement. The County or its representative will determine an acceptable quality of work The County may terminate the Agreement at any time without penalty upon giving the successful Bidder seven (7) days written notice of such termination Upon termination of the Agreement the successful Bidder shall not perform any further work in connection with the Agreement except to advise the County of the work completed to termination date In the event of termination of the Agreement, all rights and obligations pursuant to the Agreement, of both the successful Bidder and Brazeau County that have accrued to the date of termination shall remain in full force and effect Brazeau County reserves the right to complete the Work or allow another Bidder to complete work if results are not satisfactory to the County Director of Public Works or in the event that prescribed time constraints are not being met. In the event that costs incurred exceed the Agreement unit bid price, the County may deduct the difference from payments due the original Bidder for other work done under this Agreement The successful Bidder will not be allowed to sublet any of the work without written prior approval of the County The successful Bidder shall comply with all licensing requirements of local authorities. 2. LIABILITY INSURANCE The Contractor shall adequately insure, to the satisfaction of the County, to protect the service to the County and the Contractor shall provide certified copies of all insurance policies in the amount of a minimum of $ 2 million liability insurance. The successful Bidder shall be responsible for loss or damage to property of the County caused by the successful Bidder's negligence or that of his employees or agents. The successful Bidder 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. PWI_2016 Smithinsky Pit Page 12 of 20 October, 2016

14 3 WORKER S COMPENSATION INSURANCE The Contractor shall provide and maintain, during the life of this Contract, Worker s Compensation Insurance for all the Contractor s employees. Verification shall be filed with the County prior to commencement and upon completions of the Contract. Final payment will not be made until a final clearance is received. The Contractor s Worker s Compensation Number is (Include copy of WCB Certificate) 4. ACCEPTANCE BY SUCCESSFUL BIDDER The successful bidder understands and agrees that upon acceptance of his quotation by Brazeau County and upon the County's acceptance of the required Certificate of Insurance, valid Workers' Compensation account, and Agreement, in accordance with the Description and Conditions, shall be constituted. The successful bidder agrees to adhere to all provisions, including but not limited to, Description of Work, Acceptance of Work Plans, Insurance requirements, Signing, Traffic Control, Occupational Health and Safety Regulations and Workers' Compensation requirements. 5. MEASUREMENT AND PAYMENT In all sources, the production of aggregates including the processing, hauling, and addition of blend sand, and the addition of extra manufactured fines, and other aggregate gradation adjustments and modifications will not be paid separately. The cost of this work will be considered included in the unit price of the Contract item for which the aggregate is being produced. Measurement shall be by surveyed measurement of the stockpile by the County prior to final payment. The conversion rate from surveyed cubic metres to tonnes shall (1 cubic metre = 1.66 tonnes). Payment will be made at the applicable unit price bid for the quantity produced. Should there be any discrepancy between the Contractors said quantities and Brazeau County s measured quantities, it shall be decided by a third party survey hired by Brazeau County. 6. CONTRACT PAYMENTS Payment will be made in full less ten (10%) percent upon completion of the Agreement. The successful Bidder shall supply an invoice upon completion of the Agreement and after the invoice has been verified as correct, payment will be made less ten (10%) percent. The final ten (10%) percent will be made after receipt of a satisfactory statutory declaration from the successful Bidder. PWI_2016 Smithinsky Pit Page 13 of 20 October, 2016

15 The invoice must include the following: Location Stage of work Dates work performed Type of aggregate produced Number of tonnes produced A signed copy of weigh scale reports Final payment will be contingent on final inspection of the site and approval of work completed by the Director of Public Works & Infrastructure or his designate. 7. START-UP MEETING The Contractor shall arrange a mandatory start-up meeting with the Project Manager or designate. The start-up and completion dates are non-negotiable and non-extendable, failure to comply with this will result in a disqualification and cancelation of award. PWI_2016 Smithinsky Pit Page 14 of 20 October, 2016

16 1.0 SPECIAL PROVISIONS AGGREGATE PRODUCTION AND STOCKPILING DIVISION 1 - SPECIAL PROVISIONS Each and every schedule in this document may be deleted should approval to proceed not be granted by the County s governing authorities It is expected that local granular material will require the screening out of fines to meet the county s gradation specifications. All screening shall be considered incidental to crushing and will not be paid separately De-watering is only required to complete the crushing when specifically mentioned by Brazeau County designate Should the Work require the transporting of aggregate on County roads the contractor will be required to enter into a road use agreement with the County Bid prices are to exclude Goods and Services Tax on all materials and services supplied by the Contractor and incorporated into the Work Should the stockpile be built utilizing trucks, there will be no separate payment for hauling The County will provide access to the sites; however the Contractor must accurately schedule the work within the times the access is provided. 1.1 ENVIRONMENTAL CONTROL Prior to the establishment of a campsite and roads providing access thereto or for other camp uses, the contractor shall obtain the approval of the County and contact the local Public Lands Officer The Contractor shall carefully control all equipment and work operations so that his operations do not extend beyond the designated work limits unless otherwise specifically authorizes by the County The Contractor shall carry out his operations so as to adhere to and meet all guidelines as set out in the Environmental Protection and Enhancement Act (1993). PWI_2016 Smithinsky Pit Page 15 of 20 October, 2016

17 Should any palaeontological or historical resource be discovered during construction activities, the County is to be notified immediately. In such case work shall proceed in accordance with Section 27 of the Historic Resources Act During construction any release of hazardous material, silt or other deleterious substance into a body of water or water course shall be immediately reported to the County and Alberta Environment The Contractor shall take all reasonable measures to contain, cleanup, or recover such spills in accordance with the applicable regulation or legislation and at the Contractor s expense. PWI_2016 Smithinsky Pit Page 16 of 20 October, 2016

18 DIVISION 2 - GENERAL SPECIFICATIONS 2.1 GENERAL The Work shall include, but not be limited to, site preparation, aggregate production and stockpiling, and site restoration All reference to Specifications in this Tender document will be understood to mean Alberta Transportation s Standard Specifications for Highway Construction Edition 13, unless otherwise noted. 2.2 DEFINITIONS AND INTERPRETATION In these Specifications, unless the context requires a contrary meaning: BIDDER "Bidder" shall mean any individual, partnership, or corporation submitting a tender for the Work contemplated, acting directly or through a duly authorized representative CONTRACT "Contract" shall mean the written agreement covering the performance of the Work and the furnishing of labour, equipment and material in the construction of the Work, and shall include without limiting the generality of the foregoing, the Tender, Contract form, Contract bonds, Plans, Specifications, Special provisions, Notices, Supplemental specifications, Specification amendments and all Supplemental agreements required to complete the Work; CONTRACTOR "Contractor" shall mean the person agreeing to perform the Work set out in the Contract COUNTY The "County" is Brazeau County and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "County" means the Brazeau County agent or representative as designated ALBERTA TRANSPORTATION Alberta Transportation is the Alberta Government responsible for the Provincial transportation infrastructure. PWI_2016 Smithinsky Pit Page 17 of 20 October, 2016

19 2.2.6 PROJECT MANAGER The "Project Manager" shall mean the party managing the project on behalf of the Brazeau County PERSON "Person" shall include a corporation or a partnership and the heirs, executors, administrators or other legal representatives of a person PLANS "Plans" shall include all drawings, or reproductions of drawings, provided by the County and pertaining to the Work SPECIFICATIONS "Specifications" shall include all specifications and the directions, schedules, special provisions and requirements contained herein, together with all written agreements made or to be made, pertaining to the method and manner of performing the Work, or to the quantities or quality of material to be furnished under the Contract; SURETY "Surety" shall mean the person bound with the Contractor to provide security, respectively, for one or more of: (a) (b) (c) the due performance of the Contract. the payment in full for all items of labour and materials used or reasonable required for use in the performance of the Contract. the repair of any damage to or failure in the Work to which the Contract relates and for which the Contractor is responsible under the Contract WORK "Work" shall mean all or any part of the work to be performed under the Contract, whether complete or incomplete, as originally set forth or as revised by the County, and any or all of the equipment, material and labour supplied by or for the Contractor IMPLIED PROVISIONS In the Contract: (a) words importing male persons include female persons and corporations. PWI_2016 Smithinsky Pit Page 18 of 20 October, 2016

20 (b) (c) (d) (e) words in the singular include the plural and words in the plural include the singular. the applicable law shall be the law of the Province of Alberta. time shall be of the essence, and headings and subheadings are not substantive and are inserted for convenience of reference only SIGNING The Contractor shall, at his own expense, provide, erect, and maintain all necessary signals and signs and take all necessary precautions to provide for the safety of the public. Roadways closed to the traffic shall be protected by effective barricades All signs and traffic control devices, barricades, etc. Shall conform to the latest edition of the Manual of Uniform Traffic Control Devices for Canada except where specified or otherwise directed by the County Portable signs may be used when they are required to be moved often. Portable signs shall be mounted on weighted stands and come equipped with warning flags All construction signs shall have fully reflectorized backgrounds Poorly maintained, defaced, damaged or dirty construction signs are ineffective and shall be replaced, repaired or cleaned without delay Before any construction work is started all necessary construction signs must be in place The cost of supply, installation and maintenance of project signs will not be measured separately for payment and shall be considered incidental to the execution of the work If signing is at any time deemed inadequate by the County, all construction activities being carried out by the Contractor may be suspended until such time that the required signing is established by the Contractor Any costs incurred by the County in discharging the responsibilities required under this section shall be recovered from the Contractor. 2.4 AGGREGATE PRODUCTION AND STOCKPILING Unless otherwise stated in the Special Provisions, all work and production shall conform to Alberta Transportation s Standard Specifications for Highway Construction Edition 13, PWI_2016 Smithinsky Pit Page 19 of 20 October, 2016

21 2.5 WORKMANSHIP The site is to be kept free from excessive rutting or obstructing waste piles Stock piles are to be generally cone shaped and accessible. 2.6 CLEAN-UP AND SITE RESTORATION Remove excess material, waste, debris, and ramps to a suitable location as directed by the County Ensure that existing and new paths and trails on site remain accessible Brazeau County shall perform site reclamation. 2.7 OCCUPATIONAL HEALTH AND SAFETY ACT & CODE The County assigns prime contractor responsibilities, as specified in the Occupational Health and Safety Act, to all parties with which it enters into contracts and agreements. On this project, this includes the Contractor, the Consultant, other Contractors, and various Utility Companies The Contractor shall familiarize himself, his staff and his subcontractors with the terms of the Occupational Health and Safety Act and Regulations thereunder to ensure complete understanding respecting the responsibilities given and compliance required. The Contractor acknowledges that he is and assumes all of the responsibilities and duties of the Prime Contractor as defined by the Occupational Health and Safety Act, and that he shall, as a condition of the Contract, comply with the Occupational Health and Safety Act and the Regulations and Code thereunder. PWI_2016 Smithinsky Pit Page 20 of 20 October, 2016

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