T O W N O F M I D L A N D TENDER FOR MODIFIED FOR SLUDGE BUILDING AT THE WASTEWATER TREATMENT CENTRE
THE CORPORATION OF THE TOWN OF MIDLAND TENDER MODIFIED FOR WASTEWATER TREATMENT CENTRE SLUDGE BUILDING Sealed Tenders, in envelopes clearly marked as to contents, will be received by the Director of Operations until 12:00 noon local time on WEDNESDAY, JULY 29, 2015 for the supply and installation of a Bakor (or similar) modified bitumen roof system on the Sludge Building at the Wastewater Treatment Centre in Midland, as defined in the Tender documents. Tender documents are available on the Town of Midland website. Lowest or any tender not necessarily accepted. Shawn Berriault, C. Tech. Director of Operations Town of Midland 575 Dominion Avenue Midland, ON L4R 1R2 Phone (705)526-4275 ext. 2217 Fax (705)526-9971 e-mail: operations@midland.ca
# TOWN OF MIDLAND SLUDGE BUILDING WASTEWATER TREATMENT CENTRE - MIDLAND GENERAL INDEX Page A Instructions to Bidders... 4 to 21 B Tender Form... 22 to 35 Specifications... 27 Tender Summary... 29 Experience... 30 Proposed Sub-Contractors... 31 Sample Bid Bond... 32 Sample Agreement to Bond... 33 Health & Safety Form HS-14... 34 to 35 C Form of Agreement... 36 to 38 D General Conditions Supplementary... 39 to 42
4 A) INSTRUCTIONS TO BIDDERS
5 TOWN OF MIDLAND SLUDGE BUILDING WASTEWATER TREATMENT CENTRE - MIDLAND INSTRUCTIONS TO BIDDERS Page 1. Description of the Work... 6 2. Time Limit for Tendering... 7 3. Form of Tender... 8 4. Materials... 8 5. Drawings and Contract Documents... 8 6. Tender Deposit and Bonding Requirements... 8 7. Disqualification, Withdrawal and Qualifying Tenders... 9 8. Informal or Unbalanced Tenders... 10 9. Discrepancies in and Interpretation of Tender Documents... 10 10. Acceptance or Rejection of Tenders... 11 11. Sub-Contractors... 12 12. Suppliers and Materials... 13 13. Proof of Ability... 13 14. Formation of Contract/WSIB and Insurance... 13 15. Commencement and Completion... 14 16. Working Hours... 14 17. Liquidated Damages... 16 18. Substantial Performance... 16 19. Release of Holdback... 18 20. Procedure for final Acceptance... 18 21. Release and Final Documentation... 18 22. Sales Tax... 19 23. Health and Safety... 19 24. Local Specifications... 19 25. Dispute Resolution... 20 26. Existing Conditions... 20 27. Amendments to Section B.3 OPS General Conditions... 20 28. Hold Harmless... 21
6 l. DESCRIPTION OF WORKS INSTRUCTIONS TO BIDDERS The work includes the supply and installation of approximately 560 square metres of a 2-ply Bakor (or similar) modified bitumen roof at the Wastewater Treatment Centre in Midland. The building is located at 200 Bay St., Midland. The work is to be completed by October 30, 2015. The work shall include** but may not be limited to: 1. Remove existing sheet metal flashings and dispose of properly. ***2. Remove the three (3) existing roof systems down to the steel deck and dispose of properly (all tipping fees for the account of the Contractor). *** 3. Install new kraft laminated paper vapour barrier over the steel deck into ribbons of adhesive. 4. Install new 3 polyiso insulation over the vapour barrier fully adhered into a mop coat of type II asphalt. 5. Sump the drain locations 3 to 2 eight feet square. 6. Install 0.5 fibreboard insulation over the polyiso fully adhered into a mop coat of type II asphalt. 7. Install Bakor s G100PS (or similar) base sheet over the fibreboard fully adhered into a mop coat of type II asphalt. 8. Install new spun aluminium roof drains (connection to be completed by others), sized to fit existing outlet. 9. Install new pitch pockets around AC/Heating electrical wire protrusions. 10. Install new spun aluminium flanges over all existing pipes/stacks. 11. Heat seal Bakor s NP180PP (or similar) base sheet flashings over the perimeter edges, curb units, new drains, pitch pockets and new flanges. 12. Heat seal Bakor s NP250GT4 (or similar) ceramic finished cap sheet over the base sheet and base flashings. 13. Install new pre-finished 26 gauge perimeter edge metal details, secure and seal as required. 14. Install new pre-finished 4 wide 26 gauge curb metal details.
INSTRUCTIONS TO BIDDERS 7 15. Remove existing metal railing, set aside and re-install upon completion of the new metal flashing details. 16. Remove existing shingles on slope shingle roof area and dispose of. Install new plywood decking as required and Bakor s (or similar) two ply modify system installed over the new wood deck. 17. The roof shall have a full five (5) year Contractors material and labour warranty together with a 10 year Bakor (or similar) Manufacturers warranty. *** The Contractor is to inspect the existing steel deck when exposed and advise the Director of Operations of any concerns regarding the condition of the steel decking before proceeding with the specified roof repairs. Should the Director of Operations, in consultation with the Contractor, determine that the condition of the steel decking requires repairs, the Contractor will be instructed to proceed with those repairs at the price bid in the Tender Form. The Contractor shall clean all work areas during and at the completion of the project. 2. TIME LIMIT FOR TENDERING Tenders will be received up to 12:00 noon local time, Wednesday, July 29, 2015 by Shawn Berriault, C. Tech., Director of Operations, Town of Midland, 575 Dominion Avenue, Midland, Ontario L4R 1R2. This time and date shall be deemed to be the Closing Date of Tenders.
INSTRUCTIONS TO BIDDERS 8 3. FORM OF TENDER All Tenders must be upon the Tender Form supplied herein and be signed by the Bidder with his business name, address, telephone number, fax number and e- mail address noted thereon. Tenders, on the form enclosed herein, must be sealed and submitted in an envelope which has been clearly marked on the outside as to contents, as follows: TENDER DOCUMENT ROOF SYSTEM FOR WWTC CLOSING DATE: WEDNESDAY, JULY 29, 2015 @ 12 NOON Bidders shall submit the following forms as supplied, complete in all respects: -Tender Form -Tender Form - Tender Summary -List of Experience together with a certified tender deposit cheque or bid bond in the amount noted in the Instructions to Bidders under Item 6. Facsimile or e-mail bids will not be accepted. Bidders should not submit the entire document. The tender document is supplied as a reference for the Bidder and should be kept in the Bidders files. 4. MATERIALS All materials (except as may be specifically indicated in the Special Provisions) required on this Contract shall be supplied by the Contractor. 5. DRAWINGS AND CONTRACT DOCUMENTS Each bidder must satisfy himself, by his own study of the Drawing and Contract Documents, by calculation and by personal inspection of the site respecting the conditions existing or likely to exist in connection with the execution of the Work, as to the practicability of completing the Work successfully within the stipulated time. 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. 6. TENDER DEPOSIT AND BONDING REQUIREMENTS Each Tender shall be accompanied by either: a) a tender deposit in the form of a certified cheque made payable to the Town of Midland for an amount of Five Thousand Dollars ($5,000.00); or
INSTRUCTIONS TO BIDDERS 9 b) a bid bond in the amount of Five Thousand Dollars ($5,000.00) and sealed by a corporation duly authorized to transact the business of Suretyship. The Tender deposit cheques or Bid Bonds of three Tenderers shall be retained by the Town for 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. Prior to execution of a Contract with the Town, the Tenderer may, at the unfettered discretion of the Town, be required to furnish to the Town a Performance Bond in the amount of 100% of the Total Contract Price and/or a separate Labour and Materials Payment Bond in the amount of 50% of the Total Contract Price. The full cost of these bonds is to be included in the unit price bid for the roof repairs. 7. DISQUALIFICATION, WITHDRAWAL AND QUALIFYING TENDERS Under no circumstances will Tenders be considered which: a) are received by the Town after the Official Closing Time specified herein; b) are not accompanied by the Tender deposit (certified cheque); c) are not accompanied with an Agreement to Bond, as specified; or are received from a Tenderer (including its officers, directors, shareholders, employees and affiliates) which has a claim or has instigated or prosecuted legal proceedings (in any forum) against the Town during the five year period immediately prior to the date hereof and more particularly described in the Instructions to Bidders under Item 10. A Tenderer who has already submitted a tender may submit a further or revised Tender at any time up to the Official Closing Time. The last Tender received shall supersede all Tenders previously submitted by that Tenderer for this Contract. Facsimile, e-mail or other electronic transmission will not be accepted. A Tenderer may only revise, withdraw or qualify its Tender at any time up to the Official Closing Time by submitting a letter bearing its signature and seal to the point of tender delivery where the time and date of receipt will be recorded and the letter placed with the Tenders. Verbal, facsimile, e-mail or other electronic transmission will not be accepted.
INSTRUCTIONS TO BIDDERS 10 8. INFORMAL OR UNBALANCED TENDERS Tenders which are incomplete, conditional, illegible or obscure, or that contain additions, reservations, erasures, mathematical errors, qualifications, alterations or irregularities of any kind may, but will not necessarily, result in the Town s rejection of the Tender. Tenders that contain prices which, in the sole and unfettered opinion of the Town, appear to be unbalanced and likely to adversely affect the interests of the Town may be rejected. Tenders that are based upon an unreasonable period of time for the completion of the Work as determined by the Town of Midland may be rejected. Wherever in a Tender the contract total for an item does not agree with the extension of the contract quantity and the unit price: (i) the Total Contract Price will govern and will not be adjusted; (ii) the unit price will be corrected accordingly; and (iii) the Tenderer shall be required to absorb the difference in his contract price. The Town of Midland reserves the right to waive formalities at their discretion. Tenderers who have submitted Tenders that have been rejected by the Town because of informalities will normally be notified of the reasons for the rejection after the Official Closing Time. 9. DISCREPANCIES IN AND INTERPRETATION OF TENDER DOCUMENTS Each Tenderer must satisfy itself by its own study of the drawings, specifications, other tender documents, calculations, testing and a site inspection as to the conditions existing or likely to exist in connection with the execution of the Work and as to the practicability of completing the Work within the stipulated time. Should a Tenderer find discrepancies in, or omission from, the drawings, specifications, or other tender documents, or should they be in doubt as to their meaning, it should, prior to submitting any Tender, notify the Director of Operations who may send a written instruction to all Tenderers. No oral interpretation shall be made to a Tenderer as to the meaning of any of the tender documents, or be effective to modify any of the provisions of the tender documents. Addenda shall be issued by the Director of Operations to items in the Tender as he determines necessary or appropriate. Addenda shall be in writing unless time prohibits mail delivery prior to Tender closing. Facsimile, e-mail or other electronic transmissions may be used by the Director of Operations to issue addenda.
INSTRUCTIONS TO BIDDERS 11 10. ACCEPTANCE OR REJECTION OF TENDERS 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 Section B Tender Form and additional criteria information as requested. The Town s criteria include, but are not limited to:
INSTRUCTIONS TO BIDDERS 12 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 subcontractor; 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 Section B 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. 11. SUB-CONTRACTORS The Tenderers shall list, on the page provided in Section B Tender Form, the name and address of each Sub-Contactor used in preparing this Tender, stating that portion of the Work allotted to each. Only one Sub-Contractor shall be named for each part of the Work to be sublet. After a formal Contract has been executed, the Tenderer shall not be permitted to substitute other Sub-Contractors in place of those named in his Tender without the approval of the Director of Operations which may be arbitrarily withheld. It is the Tenderer s responsibility to ensure that specifications of the Work and all terms of the tender are provided to and accepted by its Sub-Contractor. The Tenderer shall indemnify and hold the Town harmless in respect of the acts and/or omissions and/or claims of its Sub-Contractors.
INSTRUCTIONS TO BIDDERS 13 12. SUPPLIERS AND MATERIALS The Tenderers shall list, on the page provided in the Tender Form, the name and address of each proposed Supplier used in preparing this Tender, stating the address and phone number of each and the manufacturer, as applicable. After a formal Contract has been executed, the Tenderer shall not be permitted to substitute other Suppliers in place of those named in his Tender without the approval of the Director of Operations which may be arbitrarily withheld. It is the Tenderer s responsibility to ensure that the correct specifications of the materials required for the performance the Work are provided to its Suppliers. The Tenderer shall indemnify and hold the Town harmless in respect of the acts and/or omissions and/or claims of its suppliers and in respect of any loss or damage arising from the materials. 13. PROOF OF ABILITY/PROPOSED PERSONNEL The Tenderer shall, on the form provided in the Form of Tender, provide proof of their experience and responsibility in successfully completing projects of a similar nature. This proof of ability shall apply in general to the Tenderer s experience in similar work. The names of the Tenderer s senior supervisory staff and the experience of each are to be provided in the Tender bid. 14. FORMATION OF CONTRACT/WSIB AND INSURANCE The Town shall notify the successful Tenderer that his Tender has been accepted and shall forward three (3) complete copies of the Contract Documents to the Tenderer for execution. The Tenderer agrees that once he has been notified that his Tender has been accepted by the Town, it will fully execute the Articles of Agreement bound in the Contract Documents within five (5) days after receiving those same Documents in triplicate, otherwise his tender deposit shall be forfeited to the Town. The successful Tenderer shall execute and return with the three copies of the Contract Documents to the Director or Operations within five (5) days after receiving those same Documents, the following:
INSTRUCTIONS TO BIDDERS 14 a) Performance and Payment Bonds as set out herein, if required; b) Current Clearance Certificate from the Workplace Safety and Insurance Board (WSIB) NOTE: The Town of Midland must be in possession of a current Clearance Certificate from the WSIB at all times throughout the duration of the Contract (including the maintenance period). It is the responsibility of the successful Tenderer to ensure the Town is always able to obtain a current Clearance Certificate (i.e. every 90 days). c) Liability and all Risk Insurance Certificate in the minimum amount of $5 million, noting the Town of Midland as an additional named insured as outlined herein and in the following Section B Tender Form; d) A Work Schedule outlining the proposed timing of the works. The executed Contract Documents will be completed by the Town; one executed copy will be returned to the Tenderer. 15. COMMENCEMENT AND COMPLETION Once the Contract Documents are fully executed, the Director of Operations will issue the Order to Commence Work to the Tenderer. The date of issuance of this Order will become the Date of Commencement of the Work. The Contractor must obtain Substantial Performance of the Work on or before October 30, 2015 otherwise Liquidated Damages will be applied; refer to Item 17 of these Instructions to Bidders. If the Tenderer is delayed in the completion of the Work for causes beyond the reasonable control of the Tenderer, as determined by the Director of Operations, the time of completion shall be extended in writing at any time on such terms and for such period as shall be determined by the Director of Operations in accordance with the General Conditions. The Tenderer agrees to hold the Town harmless in respect of any delay claims or increased costs arising from or as a result of any delay in the commencement or performance of the Work. 16. WORKING HOURS The Work shall be performed between 7:00 a.m. and 7:00 p.m. Monday to Friday/Saturday. ( Working Hours )
INSTRUCTIONS TO BIDDERS 15 No Work will be permitted outside of the Working Hours except in the case of an emergency and/or with the express permission of the Director of Operations and to such extent as he deems necessary. However, the Director of Operations reserves the right to order any Work under this Contract to be undertaken at night and the Tenderer shall comply with such order and shall have no claim in respect thereof. The Tenderer shall carry out all night work with adequate illumination and with due respect for the noise restrictions requested by local residents consistent with the faithful performance of the Work. Night shall be defined as the time after sunset and before sunrise. No Sunday work will be permitted except in the case of emergency and/or with permission of the Director of Operations and to such extent as he deems necessary. Except in cases of emergency and/or with the consent of the Director of Operations, the Tenderer shall not work on any Statutory Holiday. Should the Tenderer desire to work on a Statutory Holiday he shall request in writing the permission of the Director of Operations. This request shall be at least four (4) working days in advance of such holiday stating those places where such work will be conducted. In case the Tenderer fails to give such notice in advance, no work within the terms of the Contract shall be done on such holidays. The above provisions shall not apply to any maintenance operations which the Tenderer is required to perform under this Contract. Following a written order by the Director of Operations, the Tenderer shall provide any maintenance required by the Director of Operations at any time including Nights, Sundays and Statutory Holidays. Prior to moving off the job each day, the Tenderer shall erect all signs, barricades and lights, as required, so that they will remain in place during the period of absence. The Tenderer shall provide the Director of Operations with the name and telephone number of his project superintendent or other reliable supervisor who can be contacted during the Tenderer s absence from the job.
INSTRUCTIONS TO BIDDERS 16 17. LIQUIDATED DAMAGES It is agreed by the parties to the Contract that in case all the Work called for under the Contract is not finished or completed as set forth in the Tender Form, damage will be sustained by the Town and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Town will sustain by reason of such delay and the parties hereto agree that the Tenderer will pay to the Town the sum of Three Hundred Dollars ($300.00) plus all costs for Engineering fees and expenses with respect to inspection, contract administration and related works for the liquidated damages for each and every calendar days delay in finishing the work in excess of the number of working days prescribed or the completion date specified and it is agreed that this amount is an estimate of the actual damage. The Town may deduct any amount due under this section from any monies that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this section are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Town. 18. SUBSTANTIAL PERFORMANCE, GUARANTEED MAINTENANCE PERIOD, FINAL ACCEPTANCE AND RELEASE OF HOLDBACK 18.1 General Substantial Performance is defined as the date that all services, as required by the Director of Operations, have been tested, cleaned, inspected and approved by the Director of Operations. For the purpose of this Contract, Substantial Performance shall not be granted prior to: 1. the work or a substantial part thereof is ready for use or is being used for the purpose intended; and 2. when the work remaining to be done under the Contract is capable of completion or correction at a cost of not more than: a. 3 percent of the first $500,000 of the Contract price; b. 2 percent of the next $500,000 of the Contract price; and c. 1 percent of the balance of the Contract price.
INSTRUCTIONS TO BIDDERS 17 For the purpose of this Contract where the work or a substantial part thereof is ready for use or is being used for the purpose intended and where the work cannot be completed expeditiously for reasons beyond the control of the Tenderer, the value of the work to be completed shall be deducted from the Contract price in determining the works remaining to be done under the Contract and at the discretion of the Director of Operations, Substantial Performance may be granted. 18.2 Procedure for Substantial Performance Following the completion of the Work included in this Contract and when the works have satisfactorily passed all tests required under the Contract, the Director of Operations will undertake a preliminary inspection. The Tenderer shall, at his cost, provide any assistance and equipment required for this inspection. Upon completion of any repairs or incomplete work identified in the inspection, the Tenderer shall reapply in writing for Substantial Performance. Provided that no serious deficiencies exist in the completed work, the Director of Operations will then declare a date for Substantial Performance. 18.3 Guaranteed Maintenance The Tenderer shall guarantee to the Town under normal operating conditions the work included in the Contract for a period of five (5) years from the date of Substantial Performance, together with a ten (10) year Bakor Manufacturers warranty. The Tenderer shall correct any deficiencies which, as determined by the Director of Operations, occur due to defective material or faulty workmanship during this maintenance period. Should the Tenderer fail to comply with the directions of the Director of Operations, the latter may, after giving the Tenderer twenty-four (24) hours written notice, perform the necessary work, and the cost thereof may be deducted from the Tenderer or his Surety jointly or severally in any court of competent jurisdiction as a debt due to the Town. If the Director of Operations notifies the Tenderer in writing of imperfections prior to the termination of the Guaranteed Maintenance period, then the Tenderer shall make good the imperfections as specified above, notwithstanding that the work may commence after or extend beyond the end of the Guaranteed Maintenance period. The Tenderer shall maintain the required bonding in full force and effect until the date of Final Acceptance.
INSTRUCTIONS TO BIDDERS 18 19. RELEASE OF HOLDBACK The ten percent (10%) holdback shall be paid to the Tenderer per the terms of the Construction Lien Act and as follows: 1. Seven and one half percent (7.5%) (less the value of any deficient work) after the expiration of forty-five (45) days from the date of advertisement of the Certificate of Substantial Performance. 2. Two and one half percent (2.5%) at the termination of the Guaranteed Maintenance Period subsequent to satisfactory rectification of deficiencies as determined by the Director or Operations. Upon Substantial Performance and written request from the Tenderer, the Director of Operations will provide a Certificate of Substantial Performance. Prior to the release or reduction of holdback, the Tenderer shall: a) Submit a statutory declaration in a form satisfactory to the Director of Operations that all liabilities incurred by the Tenderer and his Sub-Contractors in carrying out the Contract have been paid and that there are no liens, garnishments, attachments or claims relating to the work. b) Submit a satisfactory clearance certificate from the Workplace Safety and Insurance Board. c) Submit a written statement as to the status of deficient and outstanding works including a schedule with respect to completion of these works. 20. PROCEDURE FOR FINAL ACCEPTANCE Upon expiration of the Guaranteed Maintenance Period, prior to Final Acceptance, the Director of Operations, together with the Tenderer, shall inspect the services. The Tenderer shall, at his cost, provide any assistance and equipment required for this inspection. Once all deficiencies are corrected, Final Acceptance shall be granted. 21. RELEASE AND FINAL DOCUMENTATION Prior to being released from his responsibility, obligation or liability under the Contract, the Tenderer shall submit the following documents: 1. Tenderer s final claim. 2. A release by the Tenderer in a form satisfactory to the Director of Operations releasing the Town from all further claims relating to the Contract.
INSTRUCTIONS TO BIDDERS 19 As soon as the Director of Operations is satisfied that the Tenderer has fulfilled all requirements of the Contract, a release duly executed by the Town shall be issued. This will release the Tenderer and his surety or sureties from any term or provision of, or any responsibility, obligation or liability under this Contract. 22. SALES TAX The Tenderer shall include or exclude sales tax in accordance with current sales tax legislation taking into account any changes that have been made known by the Government. The Tenderer shall make allowance to include the Harmonized Sales Tax (HST) indicated in the Summary of Unit Prices. If sales taxes are increased or decreased, or other amendments are made in the legislation during the course of the Contract that alter tax amounts carried in the Contract price, an adjustment will be made accordingly. The Tenderer shall keep records and invoices of accounts subject to Federal and Provincial Sales Tax and for the purpose of establishing taxes paid and for substantiation in the event of changes to the tax legislation during the course of the Contract. The Tenderer shall contact the Sales Tax authorities and determine what the applicable taxes are and the procedure for tax exemption and/or refunding and include related administrative costs in the tender. 23. HEALTH AND SAFETY The Tenderer shall ensure that all work by sub-contractors and workers engaged on the site, is performed in a manner consistent with the standards and objectives of the Town's Health and Safety Policy. The Contractor understands that work may be immediately suspended by the Town, its agents or servants, in the event of non-compliance with the Town's Health and Safety policies. 24. LOCAL SPECIFICATIONS The work proposed under this Contract, and the materials to be used shall comply in every respect to the specifications and standards of the Municipality. Supervision of construction of the proposed works may be provided by the local authorities, and the Tenderer shall comply with each municipal authority s regulations.
INSTRUCTIONS TO BIDDERS 20 Materials to be incorporated into the proposed works shall conform in every respect with the Town s requirements regarding acceptance of materials. Each Tenderer shall satisfy himself by personal examination as to the local conditions, requirements and specifications. He is not to claim at any time after submission of his tender that there was any misunderstanding as to the requirements of the local municipality with respect to the proposed works. 25. DISPUTE RESOLUTION Disputes between the Town and the Contractor not otherwise resolved may be settled through Engineering Arbitration, as per Section GC 3.15 of the OPS General Conditions, or through other means agreed upon by both parties. 26. EXISTING CONDITIONS The Contractor shall restore all disturbed areas to a condition equal to or better than existing conditions using materials equal to or better than existing materials. 27. AMENDMENTS TO SECTION B.3 - OPS GENERAL CONDITIONS All requirements of Section B.3, OPS General Conditions of Contract, shall apply to this Contract with the following amendments: a) The 10% holdback shall be paid to the Contractor per the terms of the Construction Lien Act and as follows: i) 7.5% (less the value of any deficient work) after the expiration of 45 days from the date of advertisement of the Certificate of Substantial Performance; ii) 2.5% at the termination of the Guaranteed Maintenance Period. b) The Contractor is required to provide All Risk Insurance as specified. All insurance shall include the Town of Midland as an additional named insured. c) Payment for equipment for extra work undertaken on a time and material basis (Subsection GC 8.02.04) shall be at 80% of OPSS 127 rates regardless of the total cost of the extra work item and regardless of whether the equipment is owned/leased by the Contractor. d) Further to Subsection GC 8.02.03.11, the Town reserves the right to retain up to two times the estimated value of deficient work at any time from monies owing to the Contractor until such deficient work is satisfactorily rectified.
INSTRUCTIONS TO BIDDERS 21 e) Further to Subsection GC 8.02.04.02, where the Contractor arranges for additional work to be performed by a sub-contractor based upon a preapproved lump sum price, the Town will pay the sub-contractor s lump sum price plus a mark-up calculated on the following basis: 1) ten percent (10%) of the first $5,000; plus 2) five percent (5%) of the amount in excess of $5,000. f) Subsection GC 1.04 shall be revised in that a Major Item will constitute only those items with a value equal to or greater than 20% of the total tender value. g) Subsections GC 2.01 and GC 2.02.01 shall not apply to the Contract. h) Further to Subsection GC 7.01, the Contractor shall provide a minimum of twenty-four (24) hours notice to the Director of Operations prior to any construction activity including, but not limited to, placement of the new roof system. 28. 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.
22 B) TENDER FORM TO BE COMPLETED BY TENDERER TENDER SUBMISSION CHECK LIST: Tender Submitted By: (Name of Company Submitting Tender) Date: Total Tender Bid $ (inclusive of Bonding costs, Contingency Allowance and HST) Certified Cheque $ or Bid Bond $ Addendum(s)* to, inclusive * Tenderer to fill in blanks or enter NIL as applicable. FOR OFFICE USE ONLY Date/Time Tender Received: Reviewed By: Member of Council
23 TENDER FORM TO: Mayor and Members of Council The Corporation of the Town of Midland Tendered by: Gentlemen: The undersigned has carefully examined the Instructions to Bidders, Tender Form and Schedule of Unit Prices, General Conditions, Supplementary Drawings, Specifications and Special Provisions 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) /100 ($. ) DOLLARS (from Tender Form on page 29, TOTAL TENDER AMOUNT)
TENDER FORM 24 The undersigned agrees to the following: 1. That this Tender is made by the Tenderer without any connection, knowledge, comparison of figures, or arrangement with any other person or persons making a tender for the same work and is in all respects fair and without collusion or fraud. 2. That 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 Official Closing Time, 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. 3. 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. 4. That the Contractor will carry out any additional or extra work (including the supplying of any additional materials or equipment pertaining thereto) or will delete any work as may be required by the Director of Operations in accordance with the Contract. That the carrying out of any work referred to above or the issuance by the Director of Operations of a Contract Change Order relating to such work or the acceptance by the Tenderer of such Contract Change Order shall not, except as expressly stated in such Contract Change Order, waive or impair any of the terms of the Contract or of any Contract Change Order previously issued by the Director of Operations or any of the rights of the Town or of the Director of Operations under the Contract. 5. That the Contractor will obtain Substantial Performance of the Work on or before October 30, 2015. 6. To the fullest extent permitted by law, the Contactor 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.
TENDER FORM 25 7. That failure by the Contractor to obtain Substantial Performance within said time or the extended time allowed by the Director of Operations will give the Town the right to collect liquidated damages as set out in Section 17 of the Instructions to Bidders from the Contractor for each calendar day thereafter until the work is completed as specified. Said liquidated damages are not a penalty, but are the agreed damages the Town would suffer if the work were incomplete at the end of the time proposed in this Statement, with allowed extensions of time, if any. 8. That if the Tenderer withdraws this tender before the Town shall have considered the tenders and awarded the Contract in respect thereof, at any time not later than sixty (60) days after the Official Closing time, the amount of the deposit accompanying this tender shall be forfeited to the Town or the bid bond shall be enforced. 9. That the awarding of the Contract by the Town based on this tender, shall constitute acceptance of this tender. 10. This Tender Form comprises: 1. Tender Form 2. Schedule of Unit Prices 3. Tenderer s Experience in Similar Completed Work 4. List of Proposed Sub-Contractors and Suppliers 5. Specimen Agreement to Bond 6. Contract Pre-Job Checklist Health and Safety Form HS-14 11. That, if this tender is accepted, to furnish a Liability and all Risk Insurance Certificate in the minimum amount of $5 million, noting the Town of Midland as an additional named insured. The Insurance Certificate is to be in place at all times throughout the duration of the Contract, including the maintenance period. 12. That, if this tender is accepted, to furnish a current Clearance Certificate from the Workers Safety and Insurance Board (WSIB), and to maintain a current Clearance Certificate on file with the Town at all times throughout the duration of the Contract, including the maintenance period (i.e. every 90 days). 13. That, if this tender is accepted, to furnish a Schedule for Completion of the Works. This Schedule is to be submitted with the signed Contract Documents.
TENDER FORM 26 14. The Contractor will carry out any additional or extra work (including the supplying of any additional materials or equipment pertaining thereto) or will delete any work as may be required by the Director of Operations in accordance with the Contract. 15. The Contractor acknowledges that the Tender includes a Contingency Allowance of $10,000 and understands that no part of this Allowance shall be expended without written direction from the Director of Operations and that any part not so expended shall be retained by the Town. 16. That, this Tender is submitted by Firm Name Address City/Town Postal Code Telephone Number Fax Number e-mail address Signature of Tenderer (Print Name of Signatory of Tenderer on line above) Date The Tenderer solemnly declares that the several matters stated in the foregoing tender are, in all respects, true.
27 TENDER FORM The work shall include** but may not be limited to: 1. Remove existing sheet metal flashings and dispose of properly. ***2. Remove the three (3) existing roof systems down to the steel deck and dispose of properly (all tipping fees for the account of the Contractor). *** 3. Install new kraft laminated paper vapour barrier over the steel deck into ribbons of adhesive. 4. Install new 3 polyiso insulation over the vapour barrier fully adhered into a mop coat of type II asphalt. 5. Sump the drain locations 3 to 2 eight feet square. 6. Install 0.5 fibreboard insulation over the polyiso fully adhered into a mop coat of type II asphalt. 7. Install Bakor s G100PS (or similar) base sheet over the fibreboard fully adhered into a mop coat of type II asphalt. 8. Install new spun aluminium roof drains (connection to be completed by others), sized to fit existing outlet. 9. Install new pitch pockets around AC/Heating electrical wire protrusions. 10. Install new spun aluminium flanges over all existing pipes/stacks. 11. Heat seal Bakor s NP180PP (or similar) base sheet flashings over the perimeter edges, curb units, new drains, pitch pockets and new flanges. 12. Heat seal Bakor s NP250GT4 (or similar) ceramic finished cap sheet over the base sheet and base flashings. 13. Install new pre-finished 26 gauge perimeter edge metal details, secure and seal as required. 14. Install new pre-finished 4 wide 26 gauge curb metal details. 15. Remove existing metal railing, set aside and re-install upon completion of the new metal flashing details. 16. Remove existing shingles on slope shingle roof area and dispose of. Install new plywood decking as required and Bakor s (or similar) two ply modify system installed over the new wood deck.
INSTRUCTIONS TO BIDDERS 28 17. The roof shall have a full five (5) year Contractors material and labour warranty together with a 10 year Bakor (or similar) Manufacturers warranty. *** The Contractor is to inspect the existing steel decks when exposed and advise the Director of Operations of any concerns regarding the condition of the steel decking before proceeding with the specified roof repairs. Should the Director of Operations, in consultation with the Contractor, determine that the condition of the steel decking requires repairs, the Contractor will be instructed to proceed with those repairs at the price bid in the Tender Form. The Contractor shall clean all work areas during and at the completion of the project.
TENDER FORM 29 Item No. Description Price Tendered 1. Lump Sum Price 2-Ply Bakor (or similar) Modified Bitumen Roof system inclusive of all labour and materials as per specifications set out herein $ 2. Lump Sum Price Repair steel decking as may be required 50 square metres $ Subtotal $ H.S.T. (13%) $ Contingency Allowance $ 10,000.00 Cost of Bond(s) $ TOTAL TENDER AMOUNT (Subtotal + HST + Contingency + Bonds) (enter on Tender Form - Page 23) $
TENDER FORM 30 TENDERER S EXPERIENCE IN SIMILAR COMPLETED WORK The following is a list of projects similar in type and scope to this Work, which have been successfully completed by us. Location Owner s Engineer Description of Contract Completion Date $ Value This form shall be submitted with the tender.
TENDER FORM 31 LIST OF PROPOSED SUB-CONTRACTORS AND SUPPLIERS The Tenderer shall list hereunder the names of all Subcontractors, Suppliers, as applicable, who he proposes to use. Sub-Trade Proposed Sub-Contractor Address/Phone # Approximate Value of Sublet Work $ $ $ $ $ $ $ $ It is understood by the Tenderer that the above list of Subcontractors is complete and that no additions to this list will be permitted after Closing Date of Tenders, without the written approval of the Town. This form shall be submitted with the tender.
FORM OF TENDER Sample Bid Bond Original to be printed on Bonding Company Letterhead 32 SAMPLE BID BOND $ No. 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
Sample Agreement to Bond If required, original to be submitted on Bonding Company Letterhead 33 SAMPLE AGREEMENT TO BOND We, the undersigned, hereby agree to become bound as Surety for in a Performance Bond in an amount equal to 100% of the Total Contract Price and a Payment Bond in an amount equal to 100% 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. Signature of Authorized Person (Seal) Signing for Bonding Company (Seal) Position Position
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36 C) FORM OF AGREEMENT
37 FORM OF AGREEMENT THIS AGREEMENT made in triplicate the day of, 2015 hereinafter called the "Contractor" and The Corporation of the Town of Midland hereinafter called the "Town" WITNESSETH That, the Contractor for and in consideration of the payment specified in his Tender for this Work, hereby agrees to furnish all necessary plant, labour and materials, except as otherwise specified, and to complete the said Work in strict accordance with the Contract Documents, all which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied therein. The Contractor further agrees that he will deliver the whole of the Work completed in accordance with the Agreement. IN CONSIDERATION WHEREOF, the Town agrees to pay to the Contractor for all Work done, an amount of: 00/100 ($ ) DOLLARS as indicated in the Form of Tender or as may be adjusted in accordance with the Contract Documents. The Contractor will carry out any additional or extra work (including the supplying of any additional materials or equipment pertaining thereto) or will delete any work as may be required by the Director of Operations in accordance with the Contract. The Contractor acknowledges that the Tender includes a Contingency Allowance of $10,000 and they understand that no part of this Allowance shall be expended without written direction from the Director of Operations and that any part not so expended shall be retained by the Town.