THE CORPORATION OF THE TOWN OF MIDLAND TENDER CONTRACT #L04-49844 JUNE, 2016
TOWN OF MIDLAND TENDER FOR CONTRACT NO. L04-49844 SEALED TENDERS, clearly marked as to contents, will be received at the Town of Midland's Operations Department, 575 Dominion Avenue, Midland, Ontario, until 1:00 p.m. local time on Wednesday, July 6, 2016 for the supply of all equipment and labour necessary for the transporting and disposal of Liquid Processed Organics (Biosolids) from the Town of Midland, Wastewater Treatment Centre, 200 Bay Street. Contractors must be approved and licenced by the Ministry of the Environment and Climate Change. Contractors who are qualified and licenced for the transporting and disposal of Biosolids may obtain Tender documents from the Town of Midland website at http://www.midland.ca/pages/tenders.aspx. Each Tender must be accompanied by a certified cheque/bank draft cheque or bid bond in the amount of Two Thousand Dollars ($2,000.00). THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED S. Berriault, C. Tech. Director of Operations
TOWN OF MIDLAND PAGE 3 GENERAL INDEX Page # Instructions to Bidders... 4 to 12 Tender Form and Schedule of Unit Prices... 13 to 29 Tender Schedules of Items & Prices... 17, 18 and 19 Tender Summary... 20 List of Experience... 21 Health & Safety Form HS-14... 22 to 28 Sample Bid Bond and Agreement to Bond... 29 and 30 General Conditions... 31 to 38 Specifications... 39 to 44 Form of Agreement... 45 to 47
TOWN OF MIDLAND PAGE 4 INSTRUCTIONS TO BIDDERS
TOWN OF MIDLAND PAGE 5 INSTRUCTIONS TO BIDDERS Page 1. Description of the Works... 6 2. Delivery and Closing of Tenders... 6 3. Form of Tender... 7 4. Materials... 7 5. Drawings and Contract Documents... 7 6. Tender Deposit... 8 7. Bonds... 8 8. Insurance/W.S.I.B Clearance Certificate.... 8 9. Hold Harmless... 9 10. Proof of Ability... 9 11. Contract... 9 12. Informal Tenders... 9 13. Right to Accept or Reject... 10 14. Starting Date/Duration of the Contract... 11 15. Fair Wages... 12 16. Taxes... 12
TOWN OF MIDLAND PAGE 6 INSTRUCTIONS TO BIDDERS 1. DESCRIPTION OF WORKS This Contract shall consist of the supplying of all equipment and labour necessary for the transporting of Liquid Processed Organic Waste (Biosolids) from the Town of Midland, Wastewater Treatment Centre, 200 Bay Street, as required and directed by the Town of Midland in accordance with these specifications. 2. DELIVERING AND CLOSING OF TENDERS Tenders, in sealed envelopes clearly marked as to contents as follows: BIOSOLIDS TENDER 2016 CLOSING: WEDNESDAY, JULY 6, 2016 @ 1:00 P.M. will be received up to 1:00 p.m. local time Wednesday, July 6, 2016, by Shawn Berriault, Director of Operations, Town of Midland, 575 Dominion Avenue, Midland, Ontario, L4R 1R2. PLEASE NOTE THERE ARE NO COURIER SERVICES THAT PROVIDE EARLY DELIVERY TO MIDLAND. This time and date shall be deemed to be the Official Closing Time. Each Tender will be marked with the time and date it was received. The Tender Form must be fully legible, signed and witnessed in the spaces provided, with the signature of the Tenderer or a responsible official of the organization bidding and the name of the person signing on behalf of the organization bidding printed under the signature. Bidders requiring a receipt or acknowledgment for the tender delivery are required to bring a copy of the Tender Advertisement page from the Tender document (Page 2 herein). An acknowledgment will be provided on that sheet and returned to the person delivering the tender. No other form of acknowledgment will be provided. Questions arising during the bidding period are to be submitted in writing by e- mail to: Attention: Shawn Berriault, C. Tech., Director of Operations Email: operations@midland.ca Subject Line: Biosolids Tender Contract L04-49844 Questions The intent is to address questions received only up to the end of business (4:00 p.m. local time) on Wednesday, June 22, 2016 and issue any required addenda by noon (local time) Friday, June 24, 2016.
TOWN OF MIDLAND PAGE 7 INSTRUCTIONS TO BIDDERS 3. FORM OF TENDER All Tenders must be upon the Tender Form contained herein and be signed by the Bidder with his business address, telephone number, fax number and e-mail address. Each Tender must be sealed and delivered on or before the date and time set for closing in a sealed envelope which is clearly marked on the outside as to its contents. The Tenders will be opened in public at the office of the Town shortly after the Official Closing Time (subject to the availability of a member of Council, failing which, tenders will be opened at the earliest time a member of Council can attend). Facsimile or other electronic transmission of tender bids will not be accepted. Bidders shall submit the following forms, complete in all respects: -Tender Form -Tender Deposit Cheque/Bank Draft or Bid Bond -Agreement to Bond (on Bonding Company Letterhead) -Tender Form - Schedule of Unit Prices -List of Experiences -Health and Safety Form HS-14 (must be completed) Tenders received which do not include the above-noted forms completed may be considered incomplete submissions. 4. MATERIALS All materials (except as specifically indicated herein) required on this Contract shall be supplied by the Contractor. 5. CONTRACT DOCUMENTS Each bidder must satisfy himself, by his own study of the Contract Documents, by calculation and by PERSONAL INSPECTION of the facility respecting the conditions existing or likely to exist in connection with the execution of the Work. There will be no consideration of any claim after submission of Tenders that there is a misunderstanding with respect to the conditions imposed by the Contract. Contractors wishing to inspect the facility should contact the Town s Compliance Officer, Mr. Jeff Beauchamp at 705-526-4275 ext. 4209 or e-mail to jbeauchamp@midland.ca for an appointment.
TOWN OF MIDLAND PAGE 8 INSTRUCTIONS TO BIDDERS 6. TENDER DEPOSIT Each Tender shall be accompanied by either: a) a tender deposit in the form of a certified cheque or bank draft cheque made payable to the Town of Midland for an amount of Two Thousand Dollars ($2,000.00); or b) a bid bond in the amount of Two Thousand Dollars ($2,000.00) and sealed by a corporation duly authorized to transact the business of Suretyship in the Province of Ontario and having an office in Ontario. The Tender deposit cheques or Bid Bonds of the three lowest Tenderers shall be retained by the Town for up to sixty (60) days after the Official Closing Time or until the Contract has been signed by the successful Tenderer. Tender deposit cheques or bid Bonds of all other Tenderers will be returned within thirty (30) days of the Official Closing Time. The Tender deposit cheques or Bid Bonds of the successful Tenderer will be returned upon execution of the Contract Documents. If the Tender consists of more than one Contract, each Contract may be individually bonded in accordance with the above requirements. In the event that any Tender is withdrawn before the Contract is executed by the successful bidder or for a period of Thirty (30) days commencing from the Date of Closing of Tenders, whichever event first occurs, the certified cheque accompanying such Tender shall be forfeited to the Owner. 7. BONDS The Town will require the successful bidder to furnish a Bond for Performance in the amount of $100,000.00, with a Guarantee Surety Company authorized by law to carry on business in the Province of Ontario and having an office in Ontario. The cost of the bond(s) shall be borne by the Town. 8. INSURANCE/W.S.I.B CLEARANCE CERTIFICATE The successful bidder will be required to provide a certified copy of an insurance policy covering Public Liability and Property Damage in the amount of $5 million, showing the Town of Midland as an additional named insured. The Contractor will be required to supply a certificate from the Workplace Safety and Insurance Board (WSIB) indicating that it is in good standing with the Board prior to the Town authorizing commencement of the work. It should be noted that the Town must be able to obtain a current WSIB Certificate at all times during the term of the contract. Failure of the Contractor to maintain good standing with WSIB could result in suspension of the Contract or suspension of payment pending confirmation from WSIB that the account is in good standing.
TOWN OF MIDLAND PAGE 9 INSTRUCTIONS TO BIDDERS 9. HOLD HARMLESS To the fullest extent permitted by law, the successful Tenderer agrees to defend (including attorney s fees), pay on behalf of, indemnify and hold harmless The Corporation of the Town of Midland, its elected and appointed officials, employees and volunteers and others working on behalf of The Corporation of the Town of Midland against any and all claims, demands, suits or loss, including all costs connected therewith and for any damages which may be asserted, claimed or recovered against or from The Corporation of the Town of Midland, its elected and appointed officials, employees, volunteers or others working on behalf of The Corporation of the Town of Midland, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract. 10. PROOF OF ABILITY Bidders are required to disclose their legal status as to whether they are a Federal, Provincial or Foreign Corporation, a partnership or an individual and to state the names and addresses of the responsible officers or partners as the case may be. They must furnish satisfactory evidence that they have the requisite ability, experience and Ministry of the Environment and Climate Change licencing in the class of work contemplated and sufficient capital and plant to enable them to complete the work stated in the Contract. 11. CONTRACT The party to whom the Contract is awarded will be required to execute the Agreement contained herein in duplicate and to furnish a certified copy of a satisfactory insurance policy referred to herein within seven (7) days not including Sunday or a legal holiday, after e-mailing of written notice by the Owner to him at his business e-mail address as stated in his Tender, of the award of the Contract to him. Should the said party fail to execute this Contract within the time stipulated above, the deposit accompanying his Tender shall be forfeited to the Owner. 12. INFORMAL TENDERS Tenders that are incomplete, conditional, illegible or obscure or that contain additions not called for, reservations, erasures, alterations or irregularities of any kind, may be rejected as informal. Bidders are required to fill in all the blanks.
TOWN OF MIDLAND PAGE 10 INSTRUCTIONS TO BIDDERS 13. RIGHT TO ACCEPT OR REJECT The lowest or any particular Tender will not necessarily be accepted. The criteria which may be considered by the Town in awarding the Contract will include a combination of price, scheduling, expertise, qualifications, and suitability of the Tenderer, and such other conditions as may be determined by the Town to be in its own best interest. The Tenderer acknowledges that the Work(s) or portions thereof are subject to the procurement and issuance of funding, certain permits, authorizations, licenses, easements and other approvals as may be required from third parties or under applicable laws, statutes and regulations ( Approvals ). In the event that any Approvals are not issued by any third parties ( Frustrating Event ) the Town reserves the right, and without liability to the Tenderer, to: Not award the Contract and/or cancel the request for Tenders; Award the Contract in whole or in part but expressly subject to the right on the part of the Town to cancel all or part of the Contract at any time after the award thereof in the event that such Approvals cannot be obtained; Delay the consideration of the award of the Contract until such time as the Approvals may be obtained; In any event, the Town reserves the right, in its absolute discretion, to reject any or all tenders or to award the contract to other than the Tenderer submitting the lowest Tender, provided that Council, in its sole and absolute discretion, decides that it is in the best interest of The Corporation of the Town of Midland to do so. By submitting this tender document, the Tenderer acknowledges that it shall have no claim against, or entitlement to damages from the Town by reason of the Town s rejection of its Tender or of all Tenders, or by reason of any delay in the acceptance of a Tender, or cancelling all or part of the Contract as a result of a Frustrating Event. Tenders are subject to a formal Contract being prepared and executed. Without in any way limiting the generality of the preceding, Tenders, commencing with the lowest tender, will be evaluated against criteria developed by the Town using information provided by the Tenderer in the Form of Tender and additional criteria information as requested. The Town s criteria include, but are not limited to:
TOWN OF MIDLAND PAGE 11 INSTRUCTIONS TO BIDDERS Skill and experience demonstrated on similar projects of similar scope; The general reputation, qualifications and experience of the Tenderer; The general reputation, qualifications and experience of the Tenderer s sub-contractor; Qualifications and experience of key personnel of the Tenderer; Tender price; Project schedule/substantial performance date; Reference checks with former clients, consultants and subtrades; Five year history of claims, litigation and/or arbitration between Tenderer and former clients and between itself and subcontractors; Five year history of charges under the Occupational Health & Safety Act (Ontario); Five year record with the Workplace Safety and Insurance Board ( WSIB ); Anticipated additional costs not included in the Tender Price but inferable from the evaluation criteria or from the Tender; Matters omitted from the Tender Form by the Tenderer. Where the Tenderer is associated with one or more persons or corporations which conduct the same or similar business as the Tenderer, the Town may, but is not obliged to, request from such Tenderer the evaluation information with respect to such associated persons or corporations. The failure or refusal of a Tenderer to comply with such a request may result in the rejection of its Tender. The above criteria are not necessarily listed in the order of their importance to the Town. 14. STARTING DATE/DURATION OF THE CONTRACT No work shall begin until the Municipality has issued a Start Work Order. It is expected that the work under this contract is to commence on October 1, 2016 through to September 30, 2018, with a requirement for pricing for a third year for the period October 1, 2018 to September 30, 2019. This third year pricing will be used by the Municipality at their option. The Municipality will provide the Contractor with 120 days notice of their intent to continue the contract with the third year optional pricing. Should the Municipality decide to terminate the contract at the end of the second year (ie. September 30, 2018), the Municipality will provide the Contractor with 120 days notice. Notice shall be given in accordance with the conditions set out in this Tender document. The Contractor shall confirm acceptance of extension/termination at least 90 days prior to contract expiry. A Start Work Order will not be issued until the Town of Midland has received all the relevant insurance, WSIB, completed Health and Safety Form HS-14 and related documents and proof of licencing with the Ministry of the Environment and Climate Change.
TOWN OF MIDLAND PAGE 12 INSTRUCTIONS TO BIDDERS 15. FAIR WAGES The Tenderer's attention is drawn to the Fair Wages and Labour and Conditions applicable to this Contract as outlined in the General Conditions Supplementary. 16. TAXES Harmonized Sales Tax (HST) The Town acknowledges and agrees that the works tendered herein are subject to Harmonized Sales Tax (HST), currently set at 13%. The tender bid pricing is to be exclusive of HST, however, all invoices and/or payment certificates will be required to show the HST as a separate line item.
TOWN OF MIDLAND PAGE 13 TENDER FORM TO BE COMPLETED BY TENDERER TENDER SUBMISSION CHECK LIST: Tender Submitted By: Date: (name of Company) Total Tender Bid $ Bid Bond $ or Certified Cheque $ Addendum(s)* to, inclusive * Tenderer to fill in blanks or enter NIL as applicable. Agreement to Bond - Enclosed FOR OFFICE USE ONLY Date/Time Tender Received: Reviewed By: Member of Council
TOWN OF MIDLAND PAGE 14 TENDER FORM TO: Mayor and Members of Council The Corporation of the Town of Council Tendered by: Gentlemen: The undersigned has carefully examined the Instructions to Bidders, Tender Form and Schedule of Unit Prices, General Conditions and Specifications for this Contract and acknowledges the same to be part of the Contract. Further, the undersigned has visited the site and studied all conditions which affect the work, and is fully informed as to the nature of the work and the conditions relating to its performance. The undersigned hereby proposes to furnish all plant, labour and materials including in every case, freight, duty, exchange and sales tax in effect, except as otherwise specified and to complete the work in strict accordance with requirements of the Contract at the unit prices named in the Schedule of Unit Prices for the sum of: (in writing) ($ ) (per Tender Summary, TOTAL TENDER AMOUNT)
TOWN OF MIDLAND PAGE 15 TENDER FORM The undersigned agrees to the following: 1. To execute the Agreement in triplicate and to furnish to the Owner the required Bonds as specified in the Instructions to Bidders and a certified copy of the Insurance Policy, WSIB Clearance Certificate, completed Health and Safety Form HS14 and related documents and proof of licencing with the Ministry of the Environment and Climate Change as required under the Contract within seven (7) days not including Sunday or a legal holiday from the date of mailing or e- mailing of the notice of acceptance of this Tender by the Owner to the address(es) stated hereunder. 2. To the fullest extent permitted by law, the successful Tenderer agrees to defend (including attorney s fees), pay on behalf of, indemnify and hold harmless The Corporation of the Town of Midland, its elected and appointed officials, employees and volunteers and others working on behalf of The Corporation of the Town of Midland against any and all claims, demands, suits or loss, including all costs connected therewith and for any damages which may be asserted, claimed or recovered against or from The Corporation of the Town of Midland, its elected and appointed officials, employees, volunteers or others working on behalf of The Corporation of the Town of Midland, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract. 3. Should this Tender be accepted by the Owner, the deposit accompanying this Tender will be forfeited to the Owner should the Contract not be executed as stated in (1.) above. 4. This offer is to continue open to acceptance until the Contract is executed by the successful bidder or for a period of Sixty (60) days commencing from the Date of Closing of Tenders, whichever event first occurs and that the Owner may, at any time within that period accept this Tender whether any other Tender has been previously accepted or not. 5. If this Tender is withdrawn by the undersigned before the Contract is executed by the successful bidder or for a period of Sixty (60) days, commencing on the Date of Closing of Tenders, whichever event first occurs, the amount of deposit accompanying this Tender shall be forfeited to the Owner. 6. The Owner may reject any or all Tenders without explanation. 7. If so requested in writing by the Municipality the undersigned will enter into a Contract with the Municipality based upon his tender but jointly in the names of the Tenderer and the Tenderer's parent company, if any. The Tenderer further agrees that any request by the Municipality as indicated above is not and shall not be deemed to be a counter-offer by the Municipality.
TOWN OF MIDLAND PAGE 16 TENDER FORM 8. This Tender is subject to a formal contract being prepared and executed. 9. The undersigned declares that no person, firm or corporation other than the Tenderer has any interest in this Tender or in the proposed contract for which this Tender is made. 10. The undersigned declares that this Tender is made without any connection, comparison of figures or arrangements with, or knowledge of, any other corporation, firm or person making a tender for the same work and is in all respects fair and without collusion or fraud. 11. The undersigned declares that no member of the Municipal Council and no officer or employee of the Municipality is or will become interested directly or indirectly as a contracting party, partner surety or otherwise in or in the performance of the Contract or in the supplies, work or business to which it relates, or in any portion of the profits thereof, or in any of the monies to be derived therefrom. This Tender is submitted by (Please Print): Company Name Mailing Address City/Town Province Postal Code Telephone Fax E-Mail Address Date Signature Signature Name of Signatory (Please Print) Company Seal Name of Signatory (Please Print)
TOWN OF MIDLAND PAGE 17 TENDER FORM SCHEDULE OF ITEMS AND PRICES YEAR 1 October 1, 2016 to September 31, 2017 (A) Biosolids Haulage Estimated Annual Volume Unit Price Total 15,000 cubic metres $ $ (B) Cost of Performance Bond Year 1 $ Year 1 Total (A) + (B) = Total $
TOWN OF MIDLAND PAGE 18 TENDER FORM SCHEDULE OF ITEMS AND PRICES YEAR 2 October 1, 2017 to September 31, 2018 (A) Biosolids Haulage Estimated Annual Volume Unit Price Total 15,000 cubic metres $ $ (B) Cost of Performance Bond Year 2 $ Year 2 Total (A) + (B) = Total $
TOWN OF MIDLAND PAGE 19 TENDER FORM SCHEDULE OF ITEMS AND PRICES OPTIONAL YEAR 3 October 1, 2018 to September 31, 2019 (A) Biosolids Haulage Estimated Annual Volume Unit Price Total 15,000 cubic metres $ $ (B) Cost of Performance Bond Year 3 $ Optional Year 3 Total (A) + (B) = Total $
TOWN OF MIDLAND PAGE 20 TENDER FORM TENDER SUMMARY (From Schedule of Unit Prices) 1. Year 1 Total $ 2. Year 2 Total $ TOTAL TENDER AMOUNT (YEAR 1 + YEAR 2) (Enter on First Page of Tender Form) $ 3. Optional Year 3 Total $ (Do not include in Total Tender Amount Above)
TOWN OF MIDLAND PAGE 21 TENDER FORM Tenderer s Experience in Similar Completed Work Location Owner Description of Contract $ Value THIS FORM SHALL BE SUBMITTED WITH THE TENDER BID
TOWN OF MIDLAND PAGE 22 THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE TENDER BID. Health and Safety Form HS-14
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TOWN OF MIDLAND PAGE 29 FORM OF TENDER Sample Only Bid Bond is to be prepared on Bonding Company Letterhead SAMPLE No. $10,000.00 BID BOND KNOW ALL MEN BY THESE PRESENTS, that as Principal, hereinafter called Principal, and as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Obligee, in the full and just sum of xx/100 Dollars ($ ), lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED this day of, 20. WHEREAS the Principal has submitted a written tender to the Obligee, dated the day of, 20, for NOW THEREFORE, the condition of this obligation is such that if the Principal shall have the said tender accepted within sixty days from the closing date of the tender call and shall enter into a contract with the Obligee and furnish a Performance Bond and a Labour and Material Payment Bond each in the amount of 100% of the contract and satisfactory to the Obligee or other acceptable security, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the Surety shall not be (a) liable for a greater sum than the specified penalty of this bond nor (b) liable for a greater sum than the difference between the amount of the Principal s tender and the amount of the tender that is accepted by the Obligee nor (c) subject to any suite or action unless such suit or action is instituted and a process therefore served upon the Surety at its Head Office in Canada, within twelve months from the date of this bond. IN TESTIMONY WHEREOF, the principal has hereto set its hand and affixed its seal, and the Surety has caused these presents to be sealed with its corporate seal duly attested by the signature of its authorized signing authority, the day and year first above written. Name of Contracting Company (Co. Seal) Signature Name of Bonding Company (Co. Seal) Signature
TOWN OF MIDLAND PAGE 30 FORM OF TENDER Sample Only Agreement to Bond is to be prepared on Bonding Company Letterhead SAMPLE AGREEMENT TO BOND We, the undersigned, hereby agree to become bound as Surety for in a Performance Bond in an amount equal to 50% of the Total Contract Price and a Payment Bond in an amount equal to 50% of the Contract amount, and conforming to the instruments of Contract attached hereto, for the full and due performance of the works shown as described herein if the Tender for is accepted by the Owner. It is a condition of this Agreement that if the above mentioned Tender is accepted, application for a Performance and Payment Bond must be completed with the undersigned within fifteen (15) days of acceptance of the tender related thereto, otherwise this Agreement shall be null and void. DATED this day of, 20. Name of Contracting Company Name of Bonding Company For Contracting Co. (Seal) Signature of Authorized Person Signing for Bonding Company (Seal) Position Position
TOWN OF MIDLAND PAGE 31 GENERAL CONDITIONS
TOWN OF MIDLAND PAGE 32 GENERAL CONDITIONS Page 1:1 Definitions... 33 1:2 Contractor s Liability... 34 1:3 Bonding... 34 1:4 Insurance... 34 1:5 Workplace Safety and Insurance Board Clearance Certificate... 35 1:6 Town Health and Safety Policy and Procedures Manual... 35 1:7 Assignment and Sub-Letting... 37 1:8 Liens... 37 1:9 Character and Conduct of Employees.... 37 1:10 Termination of Contract... 37 1:11 Notice to Contractor/Town... 38 1:12 Permits... 38 1:13 Compliance with Laws... 38 1:14 Payment... 38
TOWN OF MIDLAND PAGE 33 GENERAL CONDITIONS 1:1 DEFINITIONS 1:1.1 Town/Owner Means The Corporation of the Town of Midland. 1:1.2 Contract Means this Agreement, including the Instructions to Bidders, General Conditions, Specifications, Form of Agreement and any other documents referred to in this Agreement or attached thereto. 1:1.3 Contractor Or a pronoun in place thereof means the person or persons, corporation or partnership who have undertaken to perform and carry out this contract. 1:1.4 Engineer Means the Director of Operations of the Town of Midland or any other person authorized by the said Director of Operations to act on his behalf. 1.1.5 Environmental Manager Means the Manager of Water and Wastewater Operations for the Town of Midland. 1.1.6 Wastewater Treatment Centre (WTC or WWTC) Means the Midland Wastewater Treatment Centre at 200 Bay Street.
TOWN OF MIDLAND PAGE 34 GENERAL CONDITIONS 1:2 CONTRACTOR'S LIABILITY 1:2.1 The Contractor, his agents, and all workers and persons employed by the Contractor, or under the control of the Contractor, including Sub- Contractors, shall use due care to ensure that no person or property suffers injury or loss (including death) and no rights (including interventions, industrial property and patent rights) are infringed, as a result or by reason of the prosecution of the works or operations of the Contractor under this agreement or the existence, location or condition of any vehicles, machinery, facilities or materials used therein or due to the failure, neglect or omission of the Contractor of any of the persons set out above to do or perform any or all of the acts or things agreed to be done or performed under this agreement. The Contractor shall be solely responsible for all damages by whomsoever claimable in respect of any such loss, injury or infringement of rights. The Contractor shall assume the defence of, indemnify and save the Town, its agents, officers, and employees harmless from any and all claims, demands, loss, damages, actions, suits or other proceedings (and any costs, expenses thereby incurred by the Town) by whomsoever made, brought or prosecuted in any manner based upon, occasioned by, or attributed to any such loss, injury, or infringement. 1:3 BONDING 1:3.1 The Contractor shall obtain and maintain for the duration of the contract a Performance Bond in the amount of $100,000.00 to ensure performance under the contract. The cost of such bonding will be paid by the Town. 1:4 INSURANCE 1:4.1 The Contractor shall procure and maintain for the duration of the Contract and until such time as the Director of Operations certifies that it is no longer necessary, a General Liability Insurance of not less than $5,000,000.00, noting the Town as an additional named insured, to indemnify and hold harmless The Corporation of the Town of Midland against any liability for the property damage or personal injury including death which may arise from the Contractor's operations under this Contract. 1:4.2 In addition to the General Liability Insurance specified in Section 1:4.1 noted above, the Contractor must carry a minimum of $3,000,000.00 in third party liability on his vehicle insurance. 1:4.3 Before the commencement of any operations hereunder, the Contractor shall produce to the Director of Operations a certified copy of the policy or a certificate thereof. The insurance coverage noted above shall be maintained in force throughout the term of this agreement.
TOWN OF MIDLAND PAGE 35 GENERAL CONDITIONS 1:5 WORKPLACE SAFETY & INSURANCE BOARD CLEARANCE CERTIFICATE 1:5.1 The Contractor shall provide the Director of Operations with a copy of the Workplace Safety and Insurance Board Clearance Certificate indicating the Contractor's good standing with the Board: 1) With this tender bid. 2) Immediately prior to the Owner authorizing the Contractor to commence the work. 3) Every 90 days (as applicable) during the term of the Contract. 4) At any other time when requested by the Director of Operations. 1:5.2 The Contractor shall, at all times, pay or cause to be paid, any assessment or compensation required to be paid pursuant to the Workplace Safety and Insurance Act. Failure to maintain a Workplace Safety and Insurance Board Clearance Certificate in good standing with the Board could constitute a breach of the terms of the contract. The Town may withhold payment or suspend the contract until the Contractor can provide a valid Clearance Certificate. 1.6 TOWN HEALTH AND SAFETY POLICY AND PROCEDURES MANUAL The Contractor shall ensure that all employees and Sub-Contractors employed under this contract are familiar with the above-titled document. Copies of this document will be made available as required. In addition: 1:6.1 The Contractor shall at all times during the performance of the work comply with all applicable federal, provincial, or municipal occupational health and safety legislative requirements, applicable regulations, and all applicable industry standard and guidelines pertaining to the work. 1:6.2 Where the Contractor employs supervisors and employees, and if the Contractor subcontracts to any Sub-Contractor, the Contractor shall ensure that appropriate policies and procedures relating to health and safety aspects of the work, appropriate training, and appropriate monitoring and enforcement of safety aspects of the work are carried out respecting supervisors, employees and any Sub-Contractors.
TOWN OF MIDLAND PAGE 36 GENERAL CONDITIONS 1:6.3 The Contractor of a tendered document shall submit a work site safety program for control and supervision of all health and safety requirements at the work site to the Town of Midland for review prior to the commencement of work. After review of the safety program by the Town of Midland, it is understood that the Town of Midland shall not be involved in reviewing any aspect of safety compliance at the work site, and that the contractor shall be solely and exclusively responsible for controlling the work site and taking all necessary steps to ensure conformity by all supervisors, employees and any subcontractors with applicable requirements to ensure the safety of the work. 1:6.4 The Contractor shall be solely responsible for the means, methods, techniques, sequences, procedures or coordinating the work performed under the work being hired to perform. The Contractor shall be solely responsible for ensuring that all supervisors, employees and any Sub- Contractors are informed of all known or foreseeable health and safety hazards at the work location. 1:6.5 The Contractor shall be solely and exclusively responsible for selection of Sub-Contractors at the work site. 1:6.6 The Town of Midland shall have access to the work site for the purpose of inspecting the work site to determine compliance with the terms of the tendered document or work being performed, at any time. It is understood that such access by the Town of Midland representatives is not for the purpose of reviewing any health and safety aspect of the work or work site. 1:6.7. The Contractor agrees to indemnify and save harmless the Town of Midland, its officers, directors, employee, and agents from any liability, action, claim, prosecution, suit, loss, damages, payment cost, fine, fine surcharge, recovery of expense, including assessable legal fees, arising out of the performance of its obligations under this contract, including any negligent act or omission on its behalf or anyone for whom it is in law responsible. 1:6.8. Tender bidders are required to complete the Town of Midland s Constructor Contract (Health and Safety Form HS-14) as part of the Tender Bid Documentation. A completed form should be included with your tender bid. Tender bids received that do not have this form completed may be considered an incomplete bid. A copy of the Contractor Contract (Health and Safety Form HS-14) is attached to the Tender Form Document.
TOWN OF MIDLAND PAGE 37 GENERAL CONDITIONS 1:7 ASSIGNMENT AND SUB-LETTING 1:8 LIENS 1:7.1 The Contractor shall not assign or sub-let the contract or any part thereof or any benefit or interest therein, or thereunder, without the written consent of the Town. The Contractor shall be held as fully responsible to the Town for the acts and omissions of its sub-contractors and of persons directly or indirectly employed by it as for the acts and omissions of persons directly employed by it. 1:8.1 The parties hereto and their surety or themselves, their executors, administrators, successors and assigns and any and all other parties in any way concerned, shall fully indemnify the Town and all its officers, servants, and employees for any and all liability or expenses by way of legal costs or otherwise in respect of any claim which may be made for a lien or charge at law or in equity or to any claim or liability under the Construction Lien Act or to any attachment or debt, garnishee process or otherwise. The Town shall not in any case be liable to any greater extent than the amount owing by it to the Contractor, the Contractor's executors, administrators successors, and/or assigns. 1:9 CHARACTER AND CONDUCT OF EMPLOYEES 1:9.1 The Contractor shall employ only orderly and competent persons to do the work and should the Director of Operations inform them in writing that any person or persons on the work are, in the opinion of the Director of Operations, incompetent or disorderly, such person or persons shall be discharged from the work and shall not again be employed on the work without the prior consent in writing of the Director of Operations. 1:10 TERMINATION OF CONTRACT 1:10.1 The contract shall commence on October 1, 2016 and shall run for a period of approximately two (2) years terminating on or about September 30, 2018. 1:10.2 The contract may, at the option of the Municipality, be extended for a third year under the optional third year pricing for the period October 1, 2018 to September 30, 2019. The Municipality will provide the Contractor with 120 days notice of their intent to continue the contract with the third year optional pricing. Should the Municipality decide to terminate the contract at the end of the second year (ie. September 30, 2018), the Municipality will provide the Contractor with 120 days notice. Notice shall be given in accordance with the conditions set out in this Tender. The Contractor shall confirm acceptance of extension/termination at least 90 days prior to contract expiry.
TOWN OF MIDLAND PAGE 38 GENERAL CONDITIONS 1:11 NOTICE TO CONTRACTOR/TOWN 1:11.1 Any notice under this Agreement shall be sufficiently given by personal delivery or by letter, postage prepaid and mailed in a Canadian Post Office, addressed, in the case of notice to the Town, as follows: Shawn Berriault, C. Tech Director of Operations Town of Midland 575 Dominion Avenue Midland, Ontario L4R 1R2 or by facsimile at 705-526-9971, or by email to: operations@midland.ca. 1:11.2 In the case of notice to the Contractor, as follows: (FOR OFFICE USE ONLY: name and mailing address of successful tender bidder will be added here on award of this contract) or by facsimile at xxx-xxx-xxxx, or by email to:. 1:11.3 Any verbal or telephone notice shall be confirmed in writing. 1:12 PERMITS 1:12.1 Unless otherwise specifically stated, the Contractor shall obtain and pay for, at no expense to the Town, all licences and/or permits required by law or statue or regulations made thereunder. 1:13 COMPLIANCE WITH LAWS 1:13.1 The Contractor shall comply with all Federal, Provincial and Town laws, statues, regulations and by-laws. 1:14 PAYMENT 1:14.1 Payment will be made on the unit price per cubic metre as set out in the Schedule of Items and Prices and determined by calculation on either truck capacity or meter reading on the loading facilities. The successful bidder will be required to submit an invoice on a monthly basis for review by the Manager of Water and Wastewater Operations, approval by the Director of Operations and payment by the Town.
TOWN OF MIDLAND PAGE 39 SPECIFICATIONS
TOWN OF MIDLAND PAGE 40 SPECIFICATIONS Page 2.1 General... 41 2.2 Regulations... 41 2.3 Changes In Regulations... 41 2.4 Nutrient Management Act... 42 2.5 Level Of Service... 42 2.6 Operations... 42 2.7 Personnel... 43 2.8 Equipment... 44
TOWN OF MIDLAND PAGE 41 SPECIFICATIONS 2:1 GENERAL 2:1.1 This Contract shall consist of the supplying of all equipment and labour necessary for the transporting of Liquid Processed Organic Waste (Biosolids) from the Town of Midland, Wastewater Treatment Centre, 200 Bay Street, as required and directed by the Town of Midland in accordance with these specifications. 2:2 REGULATIONS 2:2.1 All Federal, Provincial and local laws and regulations now or hereafter enacted shall become a part of the contract and be complied with in the performance of all the portions of the work. 2:2.2 The Contractor is assumed to be familiar with all such laws and regulations which, in any manner, affect those engaged or employed in the work, facilities or equipment used in the proposed work or which in any way affect the conduct of the work and no plea of misunderstanding will be considered on the account of ignorance thereof. 2:2.3 The Contractor will require a Certificate of Approval for the operation of an organic waste management transportation system from the Ministry of the Environment and Climate Change and shall be required to operate and maintain vehicles in accordance with current and projected standards of the Ministry of Transportation. 2:2.5 Documented evidence must be filed with the Town of Midland indicating that the necessary permits and licenses are valid and current. 2:2.6 These documents will become part of the Contract entered into between the Town and the successful Contractor. 2.3 CHANGES IN REGULATIONS 2:3.1 This Contract is based upon the Provincial Regulations in place at the time of execution of the Contract. Any increased cost resulting from any Provincial Regulation or requirements imposed subsequent to execution of the Contract will be subject to negotiation between the Contractor and the Town. Such changes that substantially change the nature of the Contract shall be deemed sufficient for the Town to demand a renegotiation of the terms of the Contract, or to terminate the Contract pursuant to General Conditions Clause 1:9.
TOWN OF MIDLAND PAGE 42 SPECIFICATIONS 2.4 NUTRIENT MANAGEMENT ACT 2:4.1 The spreading of sludge at sites which have not been approved by the Ministry of the Environment and Climate Change, or which are not used in accordance with standards required by the Contractors Licence/Certificate of Approval may constitute reason to immediately terminate this contract. 2:5 LEVEL OF SERVICE 2:5.1 Liquid Processed Organic Waste (Biosolids) shall be loaded by the Contractor, utilizing his own equipment on an "as required, when required basis" as directed by the Manager of Water and Wastewater Operations for the Midland Wastewater Treatment Centre. 2:5.2 Any deviation from the level of service as stated in the preceding paragraphs must be approved in writing by the Town of Midland three weeks prior to initiation. All correspondence is to be referred to the Director of Operations. 2:6 OPERATIONS 2:6.1 The Contractor shall load his trucks during regular working hours of the Midland Wastewater Treatment Centre. Regular working hours are as follows: Summer Hours May 1 to Thanksgiving Day in October 7:00 a.m. to 3:30 p.m. Winter Hours Tuesday after Thanksgiving Day in October to April 30 8:00 a.m. to 4:30 p.m. Deviation from this schedule must be arranged and authorized by the Manager of Water and Wastewater Operations. 2:6.2 The Contractor shall record the date, time, location, and truck number of each load, initialled by the driver, on the appropriate form supplied by the Town of Midland. 2:6.3 The Contractor shall verify full truck load volumes of liquid processed organic waste (biosolids) to the satisfaction of the Town. This may include submission of tanker trailer manufacturers data, measurement and calculation of volume, determination of volume by net weight at commercial truck scale, or mag meter reading at WTC discharge line or a combination of the preceeding. 2:6.4 In the event of loads less than the full truck load volume described in 2:6.3, the volume shall be as indicated on the WTC discharge line mag meter.
TOWN OF MIDLAND PAGE 43 SPECIFICATIONS 2:6.6 The Town reserves the right to stop the Contractor's vehicles anywhere between the Wastewater Treatment Centre and disposal sites for the purpose of inspecting for full loads on leaving and empty trucks on returning. Failure of the Contractor or his employees to accurately record volumes for each load could constitute reason to cancel the contract. 2:6.7 In the event of improper disposal or accidental spillage, the Contractor must contact the Wastewater Treatment Centre personnel and the Ministry of the Environment and Climate Change immediately and shall accept all responsibility and immediately clean-up the area affected to the satisfaction of the Director of Operations and any agency having jurisdiction. The Contractor must also acknowledge the Town's right to carry out or directly clean-up operations for spillage and the Contractor will accept all costs incurred by the Town and/or any other parties involved. 2:6.8 The Contractor is responsible for any damages or nuisance caused on public or private roads and driveways and must carry out all necessary repairs and controls as determined by the Director of Operations. 2:6.9 Where in the opinion of the Director of Operations or the Ministry of the Environment and Climate Change it is determined that a health hazard or odour nuisance has been created by the disposal operations, the Contractor shall, when instructed, cease operating in the area and/or modify his operations to eliminate the particular problem. 2:6.10 The Contractor shall be responsible for the acquisition of and the preparation of all written materials required by the Ontario Ministry of the Environment and Climate Change for the application of Provisional Certificates of Approval for each Organic Soil Conditioning Site the Contractor intends to utilize in the execution of this contract. 2:6.11 The Contractor shall be solely responsible for the operation and maintenance of the Organic Soil Conditioning Sites and adhering to the "Guidelines" and such restrictions as may be applied to the Provisional Certificates of Approval and any amendments that may come in to effect over the duration of the contract. 2:7 PERSONNEL 2:7.1 The Contractor is responsible for warning his employees of all possible health risks associated with sewage sludge handling and implement appropriate safe handling procedures.
TOWN OF MIDLAND PAGE 44 SPECIFICATIONS 2:8 EQUIPMENT 2:8.1 The Contractor shall provide haulage vehicles which are mechanically sound and in a good state of repair at all times in accordance with existing regulations. The equipment must be capable of being certified by established government regulations and the Corporation reserves the right to request a vehicle or equipment to be certified at any time. A vehicle or unit of equipment failing to satisfy certification requirements shall be removed from active use resulting in no reduction of services. 2:8.2 The Contractor shall ensure that the tank on the haulage vehicle is watertight, that a ladder is attached to this tank close to the inspection and loading hatch. 2:8.3 The Director of Operations will require the Contractor to display such markings and signage on vehicles as the Town may deem requisite. 2:8.5 The Town of Midland will not be responsible for any damage or loss to the Contractor's vehicle or any other equipment owned by the Contractor while on Wastewater Treatment Centre property. 2:8.6 The Contractor will be responsible for the maintenance, repairs and all other operating costs of the equipment supplied, including fuel, licensing, insurance, washing and storage. 2:8.7 All vehicles supplied by the Contractor must be kept clean at all times, to the satisfaction of the Director of Operations. All vehicles shall be washed at least once per week. The vehicles shall be painted on a regular basis as required. Frequency of painting shall be such that a desirable appearance is maintained to the satisfaction of the Director of Operations.
TOWN OF MIDLAND PAGE 45 FORM OF AGREEMENT
TOWN OF MIDLAND PAGE 46 FORM OF AGREEMENT THIS AGREEMENT made in triplicate the day of, 2016 BY AND BETWEEN: WITNESSETH hereinafter called the "Contractor" and The Corporation of the Town of Midland hereinafter called the "Town" That, the Contractor for and in consideration of the payment specified in this contract, hereby agrees to furnish all necessary plant, labour and materials, except as otherwise specified, for the haulage of Liquid Organic Waste (Biosolids) generated at the Midland Wastewater Treatment Centre, 200 Bay Street, in accordance with these documents and all Provincial regulations related to the management of Liquid Organic Waste (Biosolids). That, the term of the contract shall be from October 1, 2016 to September 30, 2018, with an option to continue the contract for a third year utilizing the Optional third year pricing for the period October 1, 2018 to September 30, 2019. The Town will provide the Contractor with 120 days notice of their intent to continue the contract with the third year optional pricing. Should the Town decide to terminate the contract at the end of the second year (ie. September 30, 2018), the Town will provide the Contractor with 120 days notice. Notice shall be given in accordance with the conditions set out in this Tender document. The Contractor shall confirm acceptance of extension/termination at least 90 days prior to contract expiry. IN CONSIDERATION WHEREOF, the Town agrees to pay to the Contractor for all Work done, an amount of: ($ ) xx/100 DOLLARS plus applicable taxes, as indicated in the Form of Tender or as may be adjusted in accordance with the Contract Documents.
TOWN OF MIDLAND PAGE 47 FORM OF AGREEMENT THIS AGREEMENT SHALL inure to the benefit of and be binding upon the heirs, executors, administrators, and assigns of the Contractor and on the heirs and successors of the Town. The Contractor agrees that, to the fullest extent permitted by law, the Contractor will defend (including attorney s fees), pay on behalf of, indemnify and hold harmless The Corporation of the Town of Midland, its elected and appointed officials, employees and volunteers and others working on behalf of The Corporation of the Town of Midland against any and all claims, demands, suits or loss, including all costs connected therewith and for any damages which may be asserted, claimed or recovered against or from The Corporation of the Town of Midland, its elected and appointed officials, employees, volunteers or others working on behalf of The Corporation of the Town of Midland, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract. IN WITNESS WHEREOF, the Contractor and the Town have hereunto signed their names and set their seals on the day first above written. SIGNED and SEALED by the Contractor In the Presence of Witness Contractor SIGNED and SEALED by the Town In the Presence of Witness Mayor Witness Clerk