MUNICIPAL PUBLIC ROAD MAINTENANCE GRADING ... - Nova … · Letter from Workers clearance letter, issued by the Workers Compensation Compensation Board Board of Nova Scotia. .2 The

MUNICIPAL PUBLIC ROAD MAINTENANCE GRADING &

DUST SUPPRESSION

TENDER 2019‐01‐002

Closing:

May 30, 2019, 2:00 PM Local Time

Municipal Administration Building 210 Aberdeen Road, Bridgewater, NS

Municipal Public Road General Maintenance Municipality of the District of Lunenburg May 15, 2019 Tender 2019‐01‐002

THESE PROJECT DOCUMENTS HAVE BEEN PREPARED FOR USE WITH AND REQUIRE BEING READ IN CONJUCTION WITH THE STANDARD SPECIFICATION FOR MUNICIPAL SERVICES AS

PUBLISHED BY THE NOVA SCOTIA ROAD BUILDERS ASSOCIATION – NOVA SCOTIA CONSULTING ENGINEER ASSOCIATION JOINT COMMITTEE ON CONTRACT DOCUMENTS. COPIES OF THE STANDARD SPECICIFIATIONS ARE AVAILABLE FROM THE JOINT COMMITTEE ON CONTRACT DOCUMENTS, 18 LAURIER STREET, DARTMOUTH, NOVA SCOTIA, B3A 2G7, PHONE (902) 430‐

2534, (902) 233‐9362 OR EMAIL AT [email protected]

Municipal Public Road General Maintenance Municipality of the District of Lunenburg May 15, 2019 Tender 2019‐01‐002

TableofContents

SECTION

Information to Tenderers 00 21 00

Tender Form 00 41 43

Form of Agreement 00 53 43

Supplementary Specifications 00 73 00

General Requirements 01 10 00

Municipal Road Maintenance Grading & Dust Suppression Section 00 21 00

Tender 2019‐01‐002 May 15, 2019

Municipality of the District of Lunenburg Page 1 of 8

Information to Tenderers

MunicipalRoadMaintenanceGrading&DustSuppression

Location: Various Locations throughout the Municipality of the District of Lunenburg, N.S.

Owner: The Municipality of the District of Lunenburg

210 Aberdeen Road, Bridgewater, NS B4V 4G8

Engineer: James Burgess, P.Eng. Municipal Engineer

Municipality of the District of Lunenburg

1. Tender Submission .1 Submit completed Tender Form for above project in sealed

envelope marked as follows:

Tender 2019‐01‐002

Municipal Road Maintenance Grading & Dust Suppression

Closing up to 2:00 p.m., local time May 30, 2019

The Municipality of the District of Lunenburg

Attention: Jennifer Harrietha, Administrative Assistant,

Engineering and Planning Departments

210 Aberdeen Road, Bridgewater

NS B4V 4G8

2. Post Tender Submission .1 Submit post‐tender submission documents no later than two (2)

working days after tender closing. Failure to provide such

documents may constitute grounds for forfeiture of tender security.

.2 Safety Certification:

.1 Submit copy of tenderer’s current and valid accreditation issued

by Nova Scotia Workers’ Compensation Board or Certificate of

Recognition (COR) issued by Construction Safety Nova Scotia.

.2 Out of province companies with a current and valid Certificate of

Recognition (COR) from a Canadian Federation of Construction

Safety Associations recognized safety association shall obtain and

submit a Certificate of Recognition from Construction Safety Nova

Scotia.

.3 Workers’ Compensation Board Clearance:


Tender 2019‐01‐002 May 15, 2019



.1 Submit a copy of Tenderer’s current valid clearance letter issued

by the Workers’ Compensation Board of Nova Scotia.

.2 Out of province Tenderers must register with the Nova Scotia

Workers’ Compensation Board prior to being awarded a Contract.

.4 Submit a list of all subcontractors to be used in the Performance of

the Work, including the intended portion of the Work to be

completed by each subcontractor.

3. Tender Opening .1 Tenders will be opened on Thursday May 30, 2019 at 2:00 p.m. at

the Municipality of the District of Lunenburg Administrative Office.

Opening will be private.

4. Document Fee .1 No document fee is applicable.

5. Accuracy of Referencing .1 Indexing and cross‐referencing are for convenience only.

6. Conditions of Tendering .1 Take full cognizance of content of all Contract Documents in

preparation of Tender. Refer to Section 00 41 43 – Tender Form,

Subsection 3.9 for a complete list of Contract Documents.

.2 Complete Tender Form provided with Contract Documents in

‘blue’ ink. Tender all items and fill in all blanks. Have corrections

initialed by person signing Tender. Failure to do so shall

invalidate the Tender submission.

.3 All tenderers shall initial each page of the Contract Documents

where indicated in the lower right‐hand corner and submit with

tender submission. Failure to do so shall invalidate the tender

submission.

7. Tenderers to Investigate .1 Tenderers will be deemed to have familiarized themselves with

existing site and working conditions and all other conditions which

may affect performance of the Contract. No plea of ignorance of

such conditions as a result of failure to make all necessary

examinations shall be accepted as a basis for any claims for extra

compensation or an extension of time.


Tender 2019‐01‐002 May 15, 2019



8. Clarification and Addenda .1 Notify Engineer in written form not less than two (2) working days

before tender closing of omissions, errors or ambiguities found in

Contract Documents. If Engineer considers that correction,

explanation or interpretation is necessary, a written addendum will

be issued. All addenda will form part of Contract Documents.

.2 Confirm in the tender form that all addenda have been received.

.3 Tenderers are solely responsible to obtain and acknowledge the

receipt addenda at time of tender closing.

9. Preparation of Tender .1 Legibly complete tender form provided with the Project documents.

Tender all items and fill in all blanks. Have corrections initialed by

person signing Tender.

10. Taxes .1 Include all taxes in unit rates except Harmonized Sales Tax (HST).

11. Tender Security .1 Tender security is not required.

.2 If Tender Security is required, the Tenderer shall include Consent of

Surety with the Tender Security.

12. Contract Security .1 Refer to 00 72 45 ‐ General Conditions, subsection GC11.2 –

CONTRACT SECURITY for form of contract security. Refer to Project

Documents for amount of contract security.

13. Insurance .1 Refer to Section 00 72 45, General Conditions, subsection GC11.1 ‐

INSURANCE, for insurance required.

14. Form of Agreement .1 Form of Agreement is attached for information purposes only at

time of tender submission.

15. Return of Tender

Security .1 Tender Security will be returned to:

.1 All except the three lowest acceptable tenderers within five

(5) working days of tender opening.

.2 Two (2) remaining unsuccessful Tenderers within ten (10)

working days of date of award.


Tender 2019‐01‐002 May 15, 2019



.3 Successful tenderer following receipt by Owner of executed

agreement, specified contract security and insurance

documents.

16. Amendment or .1 Tenders may be amended or withdrawn by post, e‐mail or facsimile.

Withdrawal of Tender

.2 Amendment of individual unit prices is the only acceptable price

amendment. Amendments shall not disclose either original or

revised total price.

.3 Head amendment or withdrawal as follows: "[Amendment]/

[Withdrawal] of Tender for Municipal Road Maintenance Grading &

Dust Suppression, Tender 2019‐01‐002. Sign as required for tender

and submit at address given for receipt of tenders. In order to be

considered, submissions shall be received prior to time of tender

closing.

17. Offer, Acceptance, Rejection .1 The owner reserves the right to accept or reject any tender and to

cancel the tendering process and reject all tenders at any time prior

to the award of Contract without incurring any liability to affected

tenderers.

The Owner reserves the right to accept or reject any or all Tenders

including without limitation the lowest Tender, and to award the

Contract to whomever the Owner in its sole and absolute discretion

deems appropriate notwithstanding any custom of the trade nor

anything contained in the Contract Documents herein. The Owner

shall not, under any circumstances, be responsible for any costs

incurred by the Tenderer in preparing of its Tender.

Without limiting the generality of the foregoing, the Owner reserves

the right, in its sole and absolute discretion, to accept or reject any

Tender which in the view of the Owner is incomplete in a non‐

substantial way, obscure, or irregular, which has erasures or

corrections in the documents, which contains exceptions and

variations, which omits one or more prices, which contains prices

the Owner considers unbalanced, or which is accompanied by a Bid Bond or Consent or Surety issued by a surety not acceptable to

the Owner.


Tender 2019‐01‐002 May 15, 2019



Criteria which may be used by the Owner in evaluating tenders and

awarding the Contract are in the Owner’s sole and absolute

discretion and, without limiting the generality of the foregoing, may

include one or more of: price, total cost to Owner; best value; the

amount of Nova Scotia content; the amount of Canadian content;

reputation and references; past performance on owners projects;

claims history of Tenderer; financial status of Tenderer;

occupational health and safety record of Tenderer; qualifications

and experience of the Tenderer and its personnel and

subcontractors; quality of services and personnel proposed by the

Tenderer; ability of the Tenderer to ensure continuous availability of

qualified and experienced personnel; the Construction Schedule

and Plan; the proposed Labour and Equipment; and the proposed

Supervisory Staff.

Should the Owner not receive any tender satisfactory to the Owner

in its sole and absolute discretion, the Owner reserves the right to

re‐tender the Project, or negotiate a contract for the whole or any

part of the Project with anyone or more persons whatsoever,

including one or more of the Tenderers.

The Owner shall not be liable for any costs, expenses, loss or damage

incurred, sustained or suffered by any Tenderer prior, or subsequent

to, or by reason of the acceptance or the non‐acceptance by the

Owner of any Tender, or by reason of any delay in acceptance of a

Tender, except as provided in the tender documents.

18. Geotechnical .1 Geotechnical investigation has NOT been carried out.

Information

19. Site Investigation .1 With permission of the Owner, Tenderers may visit

and examine the Site of the Works and subsurface conditions to

satisfy themselves of the conditions which may be encountered.


Tender 2019‐01‐002 May 15, 2019



20. Safety .1 Submit with Tender, a copy of Tenderer's current and valid Letter of

Good Standing for a Certificate of Recognition program as issued by

Nova Scotia Construction Safety Association (NSCSA) or another

occupation health and safety organization with a safety audit

procedure recognized and approved by the Workers Compensation

Board (WCB) of Nova Scotia.

.2 Out of province companies shall submit, with their Tender, a current

and valid Certificate of Recognition from their province of origin or

from a recognized Safety Association which utilizes an external audit

element.

.3 Out of province companies may obtain a Certificate of Recognition from a WCB approved audit company upon submission of documentation verifying training and compliance with the NS OH&S Act and Regulations.

.4 In any event, out of province Tenderers shall satisfy a WCB approved

audit company in respect to their safety status prior to being

awarded a contract.

.5 The Contractor and sub‐contractors shall maintain their Certification

of Recognition during the Contract.

.6 The Contractor shall conduct on‐site safety meetings on a weekly

basis at a minimum with all staff working on the project in

attendance.

21. Clearance .1 Submit with Tender, a copy of Tenderer’s current valid

Letter from Workers clearance letter, issued by the Workers Compensation

Compensation Board Board of Nova Scotia.

.2 The Contractor, and his subcontractors, shall maintain continuous

Worker’s Compensation coverage during the Contract. The Owner

reserves the right to demand proof of current premiums paid to the

Worker’s Compensation Board of Nova Scotia from the Contractor

and any of his subcontractors during the Contract.


Tender 2019‐01‐002 May 15, 2019



22. Work by Others .1 The Owner reserves the right to let separate contracts in connection

with the project of which the Work is part or to do certain work, by

his/her own forces.

.2 The Owner shall provide for the co‐ordination of the Work of its own

forces and of other contractors with the Work of this Contract,

where such co‐ordination is not identified as the responsibility of

this Contractor in these Tender Specifications.

23. Changes in Scope of .1 All changes in scope of the Work must be authorized in

Work writing by the Owner to the Contractor prior to the change in the

Work proceeding.

.2 Approved changes to the scope of the Work shall not remove the

responsibility of the Contractor to complete the Work, save for

adjustments in the completion schedule for the revised Work.

.3 Adjustments in the Contract price and the Contract completion

schedule resulting from changes in the scope of the Work shall be

mutually agreed to by the Owner and the Contractor.

24. Schedule of Work .1 The term of this contract is from June 1, 2019 to March 31, 2022.

25. Laws and Permits .1 The Laws of the Province of Nova Scotia shall govern the place of the

Work.

26. Limits of Liability .1 The Municipality shall not be liable for any costs, expenses, loss or

damage incurred, sustained or suffered by any bidder prior, or

subsequent to, or by reason of the acceptance or the non‐

acceptance by the Municipality of any Tender, or by reason of any

delay in acceptance of a Tender, except as provided in the tender

documents

27. Rejected Work .1 Defective work, equipment and service, whether the result of poor

workmanship, use of defective products or damage through

carelessness or other act of omission of the Contractor, and whether

incorporated in the scope of the Work or not, which has been

rejected by the Owner as failing to conform to these Tender

Specifications, shall be removed promptly and replaced or re‐


Tender 2019‐01‐002 May 15, 2019



executed promptly in accordance with the Contract at the

Contractor’s expense.

.2 Other contractor’s work destroyed or damaged by such removals or

replacements shall be made good promptly at the Contractor’s

expense.

.3 If in the opinion of the Owner, it is not expedient to correct defective

work or equipment or service, or same not performed in accordance

with these Tender Specifications, the Owner may deduct from the

contract price the difference in value between the Work performed,

and that called for in the Contract.

28. Units of Measure .1 Tenderers are to note that all dimensions on the drawings and in the

Specifications are in metric units unless otherwise stated or noted.

.2 The Unit of Measurement for the actual quantities used to

determine payment and contract price shall be in accordance with

Supplementary Specifications Section 01 22 00 – Measurement and

Payment.

29. Submittals .1 Tenderers shall include the following documents in their Tender:

1. Completed and initialed Tender Form;

2. Initialed copy of Supplementary Specifications;

3. Completed Addenda, if any;

4. Proof of Insurance as per Section 13;

5. Certificate of Recognition as per Section 20;

6. Clearance Letter as per Section 21; and,

END

Municipal Road Maintenance Grading and Dust Control Section 00 41 43 Tender 2019‐01‐002 May 15, 2019 Municipality of the District of Lunenburg Page 1 of 13

Tender Form

_______ Initial

1. SALUTATION: .1 To: The Municipality of the District of Lunenburg 210 Aberdeen Road, Bridgewater, NS B4V 4G8

.2 For: Tender 2019‐01‐002 Municipal Road Maintenance Grading and Dust Control

Various Locations Within the Municipality of the District of Lunenburg

.3 From:

2. TENDERER DECLARES: .1 That this tender was made without collusion or fraud. .2 That the proposed work was carefully examined. .3 That the Tenderer was familiar with local conditions. .4 That Contract Documents and Addenda No. ___ to ___ inclusive were carefully examined. .5 That all the above were taken into consideration in preparation of this Tender. 3. TENDERER AGREES: .1 To enter into a contract to supply all labour, material and equipment and to do all work necessary

to construct the Work as described and specified herein for the unit prices stated in subsection 4 hereunder, Schedule of Quantities and Unit Prices.

.2 That the estimated Contract Price shall be the sum of the products of the tendered unit prices per

service multiplied by the estimated services in Subsection 4 hereunder excluding Harmonized Sales Tax (HST).

.3 That this Tender is valid for acceptance for 60 calendar days from Tender Closing. .4 That measurement and payment for items listed in subsection 4 hereunder shall be in accordance


Tender Form

_______ Initial

with corresponding items in Section 01 22 00 Measurement and Payment. .5 To submit evidence of ability and experience with tender within five (5) working days of request

including: experience in similar work, work currently under contract, senior supervisory staff available for the project, equipment available for use on the Work, and financial resources.

.6 To execute in triplicate the Form of Agreement and forward same together with the specified

contract security to the Owner within ten (10) working days of written notice of award. .7 That failure to provide post‐tender submission documents or failure to enter into a formal contract

and provide specified insurance documents and contract security within time required will constitute grounds for forfeiture of tender security.

.8 That if tender security is forfeited, Owner will retain difference in money between amount of

tender and amount for which Owner legally contracts with another party to perform the Work and will refund balance, if any, to tenderer.

.9 That the Contract Documents include:

.1 Standard Specification for Municipal Services 2018 Edition.

.2 Section 00 21 00 Information to Tenderers

.3 Section 00 41 43 Tender Form

.4 Section 00 53 43 Form of Agreement

.5 Section 00 73 00 Supplementary Specifications

.6 Addenda as issued and as confirmed in subsection 2.4 of this section (if applicable)

.7 All documents and certificates required to be submitted with the Tender.

.10 That the Owner reserves the right to: reject all tenders or any tender; not necessarily accept the lowest tender; waive any irregularities, formalities, informalities or technicalities; and to accept or reject any offer whatsoever as considered by the owner to be in its best interest and/or any other reservations identified in the Information to Tenderers.

.11 The Owner reserves the right to evaluate all aspects of a Tender. The Owner reserves the right to

assess the Contractor’s and his Subcontractor’s capabilities to complete the work; to deliver a high‐quality built project; to complete the project on time and within the budget; and to assess these and other relevant factors along with price in selecting the contractor and defining the overall cost of the project.

The information provided in section Supplementary Tender Information will be used in making

such evaluations. As such, the Contractor must provide complete and accurate Supplementary information. The Owner reserves the right to pursue leads arising from investigation of the supplementary information or request additional supplementary information from the contractor.


Tender Form

_______ Initial

4. SCHEDULE OF QUANTITIES AND UNIT PRICES Year 1: June 1, 2019 to March 31, 2020 Municipal Roads: Grading and Dust Suppression

Road Name Community Length (km)

Estimated number

of services

Price to Grade Road Once

(1 Service)

Price to Apply Dust Suppression once

(1 Service)

Jippie Avenue West

Pine Grove 0.2 2.0

Jippie Avenue East

Pine Grove 0.2 2.0

Billie Lane Pine Grove 0.7 2.0

Nick Drive Pine Grove 0.2 2.0

Adam Ridge Lane

Pine Grove 0.2 2.0

Sara Lane Pine Grove 0.2 2.0

Jessie Lane Pine Grove 0.6 2.0

Sunset Crest Pine Grove 0.2 2.0

Whitley Drive

Pine Grove 0.3 2.0

Jenny Drive Pine Grove 0.3 2.0

Damara Drive

Pine Grove 0.2 2.0

Harold Whynot Road

Pine Grove 0.5 2.0

Craig Chandler Drive

Pine Grove 0.5 2.0

Whisper Wood Drive

Hebbville 0.3 2.0

Homestead Estates Drive

Italy Cross 1.2 2.0

Toma Drive Italy Cross 0.6 2.0

Summer Road

Italy Cross 0.1 2.0

Schooner Drive

Auburndale 0.3 2.0

Clipper Drive Auburndale 0.3 2.0


Tender Form

_______ Initial


Estimated number

of services


(1 Service)


(1 Service)

Meldrum Avenue

Conquerall Bank 0.8 2.0

Concordia Drive


Buena Vista Drive


Aspen Court Conquerall Bank 0.3 2.0

Orchard Point Rd

Conquerall Mills 0.5 2.0

Soleil Crescent


Daybreak Crescent


Ocean Stone Drive

Garden Lots 0.7 2.0

Driftwood Court

Garden Lots 0.5 2.0

Municipal public park access roads and parking lots: Grading and Dust Suppression

Park Community Length (km)

Width (m)

Estimated number of services

Price to Grade Once (1 Service)


(1 Service)

Mush a Mush Sweetland 1.2 4.6 1

Miller Peace Point

Dayspring 0.5 4.6 1

Sawpit Wharf Garden Lots 0.1 4.6 1

Sand Dollar Rosebay 0.2 3 1

Hirtles Beach Kingsburg 0.1 35.1 1


Tender Form

_______ Initial

Year 2: April 1, 2020 to March 31, 2021 Municipal Roads: Grading and Dust Suppression


Estimated number

of services

Price to Grade Road Once (1 Service)


(1 Service)

Jippie Avenue West

Pine Grove 0.2 2.0

Jippie Avenue East

Pine Grove 0.2 2.0



Adam Ridge Lane

Pine Grove 0.2 2.0




Whitley Drive

Pine Grove 0.3 2.0


Damara Drive

Pine Grove 0.2 2.0

Harold Whynot Road

Pine Grove 0.5 2.0


Pine Grove 0.5 2.0

Whisper Wood Drive

Hebbville 0.3 2.0


Italy Cross 1.2 2.0


Summer Road

Italy Cross 0.1 2.0

Schooner Drive

Auburndale 0.3 2.0


Meldrum Avenue



Tender Form

_______ Initial


Estimated number

of services


(1 Service)

Price to Apply Dust Suppression Once

(1 Service)

Concordia Drive


Buena Vista Drive



Orchard Point Rd


Soleil Crescent


Daybreak Crescent


Ocean Stone Drive

Garden Lots 0.7 2.0

Driftwood Court

Garden Lots 0.5 2.0



Width (m)




(1 Service)


Miller Peace Point

Dayspring 0.5 4.6 1





Tender Form

_______ Initial

Year 3: April 1, 2021 to March 31, 2022 Municipal Roads: Grading and Dust Suppression


Estimated number

of services


(1 Service)


(1 Service)

Jippie Avenue West

Pine Grove 0.2 2.0

Jippie Avenue East

Pine Grove 0.2 2.0



Adam Ridge Lane

Pine Grove 0.2 2.0




Whitley Drive

Pine Grove 0.3 2.0


Damara Drive

Pine Grove 0.2 2.0

Harold Whynot Road

Pine Grove 0.5 2.0


Pine Grove 0.5 2.0

Whisper Wood Drive

Hebbville 0.3 2.0


Italy Cross 1.2 2.0


Summer Road

Italy Cross 0.1 2.0

Schooner Drive

Auburndale 0.3 2.0


Meldrum Avenue


Concordia Drive



Tender Form

_______ Initial


Estimated number

of services


(1 Service)


(1 Service)

Buena Vista Drive



Orchard Point Rd


Soleil Crescent


Daybreak Crescent


Ocean Stone Drive

Garden Lots 0.7 2.0

Driftwood Court

Garden Lots 0.5 2.0



Width (m)




(1 Service)


Miller Peace Point

Dayspring 0.5 4.6 1





Tender Form

_______ Initial

Term Estimated Contract Price

Harmonized Sales Tax (15%)

Total

Year 1: June 1,2019 to March 31,2020

Year 2: April 1,2020 to March 31,2021

Year 3: April 1,2021 to March 31,2022

Estimated Contract Price for full Term (Including HST) $ TENDERER'S HST REGISTRATION NO. 5. COMPLETION TIME

.1 Tenderer agrees to supply services upon award of the contract, as directed by the owner, for the period of June 1, 2019 to March 31, 2022


Tender Form

_______ Initial

6. SIGNATURES* DATED THIS DAY OF , 20 . Name of Firm Tendering Witness Signature of Signing Officer Name and Title (Printed) Witness Signature of Signing Officer Name and Title (Printed) *NOTE: Tenders submitted by or on behalf of any Corporation must be signed in the name of such

Corporation by a duly authorized officer(s) or agent(s). 7. TENDERER REFERENCES

.1 Tenderer is to note below details of recent similar projects completed or in progress.

___________________________________________________________________________ Project Date Amount ___________________________________________________________________________

Contact Name Current phone # Current email


Tender Form

_______ Initial


Contact Name Current phone # Current email


Contact Name Current phone # Current email 8. EQUIPMENT DETAILS The following equipment will be supplied for the work: (Tenderer to note all equipment

intended to be used for the contract below. If additional space is required Tenderer is to append additional space as required, Tenderer is to append additional sheets to the Tender Form.)

Grader

Make, Model and Year ___________________________________

Serial #________________________________________________

Engine Horsepower______________________________________

Operating Weight (lbs)____________________________________

Spray Truck 1 Truck

Make, Model and Year _______________________________________

Serial #____________________________________________________

Registry of Motor Vehicle, Registered Weight (kgs)_________________

Tank Capacity(l) _____________________________________________

Spray Truck 2 Truck

Make, Model and Year _______________________________________

Serial #____________________________________________________

Registry of Motor Vehicle, Registered Weight (kgs)_________________

Tank Capacity(l) _____________________________________________


Tender Form

_______ Initial

9. OPERATOR DETAILS The following operators will be used to operate the equipment supplied for the Work:

(Tenderer to note all operators intended to be used for the Contract below. If additional space is required, Tenderer is to append additional sheets to the Tender Form. Operator and driver are terms used interchangeably.) Operator 1 Operator 2 Operator 3 Name

_____________

______________

_____________

NS Driver’s License #

_____________ ______________ _____________

Driver’s Class

_____________ ______________ _____________

Equipment Operated

_____________ ______________ _____________

Number of Years Operating Equipment

_____________

______________

_____________

Operator 4 Operator 5 Operator 6 Name

_____________

______________

_____________

NS Driver’s License #

_____________ ______________ _____________

Driver’s Class

_____________ ______________ _____________

Equipment Operated

_____________ ______________ _____________

Number of Years Operating Equipment

_____________

______________

_____________


Tender Form

_______ Initial

10. OTHER SUBMITTALS

Please check off: Completed and Initialed Tender Form _____ Initialed Supplementary Specifications _____ Completed Addenda _____ Proof of Insurance _____ Certificate of Recognition _____ Clearance Letter _____

_____________________________________END____________________________________

Municipal Road Maintenance Grading and Dust Control SECTION 00 53 43 Tender 2019‐01‐002 May 15, 2019 Municipality of the District of Lunenburg Page 1 of 6

FORM OF AGREEMENT THIS AGREEMENT dated for reference the day of , 20__. BY AND BETWEEN:

THE MUNICIPALITY OF THE DISTRICT OF LUNENBURG hereinafter called the "Owner" and hereinafter called the "Contractor" The Owner and the Contractor agree as follows: ARTICLE A1 ‐ THE WORK The Contractor shall: .1 Perform the Work required by the Contract Documents for Municipal Road Maintenance Grading and Dust Control Tender 2019‐01‐002

located at various locations within the Municipality of the District of Lunenburg.

for which the Agreement has been signed by the parties, and for which

James Burgess, P. Eng. Municipal Engineer for the Municipality of the District of

Lunenburg

is acting as and is hereinafter called the “Engineer”

and

.2 do and fulfill everything indicated by this Agreement, .3 for the term beginning June 1, 2019 and ending March 31, 2021.


FORM OF AGREEMENT ARTICLE A2 – AGREEMENTS AND AMENDMENTS The Contract supersedes all prior negotiations, representations or agreements, either written

or oral, relating in any manner to the work, including the bidding documents that are not expressly listed in Article A3 of the Agreement.

ARTICLE A3 ‐ CONTRACT DOCUMENTS The following is an exact list of the Contract Documents referred to in subsection 1.1 of this

Agreement and as defined in subsection 6 of Section 00 71 00 DEFINITIONS. This list is subject to subsequent amendments in accordance with the provisions of the Contract Documents.

.1 Standard Specification for Municipal Services 2019 Edition. .2 Section 00 21 00 Information to Tenderers .3 Section 00 41 43 Tender Form .4 Section 00 53 43 Form of Agreement .5 Section 00 73 00 Supplementary Specifications .6 Addenda as issued and as confirmed in subsection 2.4 of the Tender Form

Section (if applicable) .7 Drawings

Drawing 19205‐2706‐03 Typical Detail for with Precast Headwalls

.8 All documents (Addendum) and certificates required to be submitted with the Tender.

ARTICLE A4 ‐ CONTRACT PRICE

.1 The Contract Price is the sum of the products of the estimated services multiplied by the appropriate Unit Prices in the Tender Form excluding the amount of Harmonized Sales Tax.

.2 The Estimated Contract Price is $ .

.3 All amounts shall be in Canadian funds.

.4 The amounts shall be subject to adjustment as provided in the Contract Documents.

ARTICLE A5 ‐ PAYMENT .1 The Owner shall pay the Contractor in Canadian funds for the performance of the

Contract. .2 The Owner shall make monthly payments on account to the Contractor for the Work

performed, as certified by the Engineer, subject to a 10% holdback.


FORM OF AGREEMENT

.3 The amount of the payment shall be calculated as follows:

.1 The quantity for each pay item on which actual work has been performed shall be measured.

.2 For each Unit Price item this quantity shall be multiplied by the applicable Unit Price as provided in the Tender Form.

.3 For each lump sum item, multiply the percent complete by the value of the lump sum item.

.4 The total value of work completed for the payment period shall be calculated by adding the total of the products for all pay items from 3.2 and 3.3 of this Article.

.5 The amount of the payment shall be determined by deducting the 10% holdback from the total price of the completed work as stated in Section 00 41 43 Tender Form 4. Schedule of Quantities and Unit Prices.

.6 To the amount calculated above, the Harmonized Tax will be added. .4 Payment to the Contractor on account on or before thirty (30) calendar days shall be

made after receipt of the following: 1. Application for payment for Work approved by the Engineer; 2. A valid Clearance Letter from the Workers’ Compensation Board of Nova Scotia for the

Proponent and all sub‐contractors used to perform the work; and, 3. A valid Letter of Good Standing for a Certificate of Recognition Program from NSCA

or equivalent for the Proponent and all sub‐contractors used to perform the work. 4. All relevant safety documentation, including Tool Box Minutes, hazard assessments,

safe work procedures and associated clearance documentation in accordance with applicable Occupational Health and Safety Laws and Regulations for the province of Nova Scotia.

.5 Upon Substantial Performance of the Work as certified by the Engineer, the Owner shall pay to the Contractor the holdback monies then due in accordance with the provisions of Section 00 72 45 ‐ General Conditions, subsection GC5.8 – PAYMENTS OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK.

.6 Upon the issuance of the final certificate for payment, Work as certified by the

Engineer, the Owner shall pay to the Contractor the balance of monies then due in accordance with the provision of Section 00 72 45 ‐ General Conditions, subsection GC5.10 – FINAL PAYMENT.

.7 In the event of loss or damage occurring where payment becomes due under the

property and boiler insurance policies, payment shall be made to the Contractor in accordance with the provisions of Section 00 72 45 ‐ General Conditions, subsection GC11.1 ‐ INSURANCE.


FORM OF AGREEMENT ARTICLE A6 ‐ RECEIPT OF AND ADDRESSES FOR NOTICES .1 Notices in writing will be addressed to the recipient at the address set out below. .2 The delivery of a notice in writing will be by hand, by courier, by prepaid first‐class mail,

by facsimile or e‐mail during the transmission of which no indication of failure of receipt is communicated to the sender.

.3 A notice in writing delivered by one party in accordance with this Contract will be

deemed to have been received by the other party on the date of delivery if delivered by hand or courier, or if sent by mail it shall be deemed to have been received five (5) working days after the date on which it was mailed.

.4 A notice in writing sent by facsimile or e‐mail shall be deemed to have been received

on the date of its transmission provided that if such day is not a Working Day or if it is received after the end of normal business hours at the place of receipt on the date of its transmission, then it shall be deemed to have been received at the opening of business at the place of receipt on the first Working Day next following the transmission thereof.

.5 An address for a party may be changed by notice in writing setting out the new address

delivered to the other party in accordance with this Article. .1 The Owner at 210 Aberdeen Road, Bridgewater, NS, B4V 4G8 .2 The Contractor at .3 The Engineer at 210 Aberdeen Road, Bridgewater, NS, B4V 4G8


FORM OF AGREEMENT ARTICLE A8 ‐ SUCCESSION The aforesaid Contract Documents are to be read into and form part of the Agreement and the

whole shall constitute the Contract between the parties and subject to law and the provisions of the Contract Documents shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns.

ARTICLE A9 ‐ RIGHTS AND REMEDIES No action or failure to act by the Owner, Engineer, or Contractor shall constitute a waiver of

any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

ARTICLE A10 ‐ TIME Time shall be construed as being of the essence of the Contract.


FORM OF AGREEMENT In witness whereof, the parties hereto have executed this Agreement and by the hands of their duly authorized representatives. SIGNED AND DELIVERED In the presence of: OWNER Name of Owner

WITNESS Signature

Name and Title of Person Signing

Signature Signature

Name and Title of Person Signing Name and Title of Person Signing

CONTRACTOR Name of Contractor

WITNESS Signature

Name and Title of Person Signing

Signature Signature

Name and Title of Person Signing Name and Title of Person Signing N.B. Where legal jurisdiction, local practice or Owner or Contractor requirements calls for (a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s) authorized to sign the Agreement for and on behalf of the corporation or partnership; or (b) the affixing of a corporate seal, this Agreement should be properly sealed.

END

Municipal Road Maintenance Grading and Dust Suppression SECTION 00 73 00 Municipality of the District of Lunenburg May 15, 2019 Tender 2019‐01‐002 Page 1 of 10

SupplementarySpecifications

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1. GENERAL SPECIFICATIONS

1.1. GENERAL PROVISIONS

1.1.1 Definitions Contract The Contract is the undertaking by the parties to perform their respective duties,

responsibilities, and obligations as prescribed into the Contract Documents and purchase order issued by the Owner to the Contractor.

Contract Documents The Contract Documents consist of those documents listed in Section 3.9 of the Tender

Form and amendments agreed upon between the parties. Contractor The Contractor is the person or entity awarded the Tender in whole or in part. Owner The Owner is the Municipality of the District of Lunenburg. Product Product or Products means material, machinery, equipment, and fixtures forming the

Work. Specifications The Specifications are that portion of the Contract Documents, wherever located and

whenever issued, consisting of the written requirements and standards for the items listed in Section 4 of the Tender Form.

Work

The Work means the product or products and related services required by the Contract Documents.

1.1.2 Administration of the Contract .1 The authorization for administration of the Contract shall be through the office

of the Owner’s Chief Administrative Officer or designate. .2 For this Contract, the designate authority shall be the Municipal Engineer for

the Owner.



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1.2. EXECUTION OF THE WORK

1.2.1 Assignments .1 Neither party to the Contract shall assign the Contract or a portion thereof

without the written consent of the other, which consent shall not be unreasonably withheld.

.2 The Contract is binding on the heirs and assigns of the Contractor. No assignment of the Contract to other parties, including sub‐Contractors, shall occur without the express written approval of the Owner.

1.3. PAYMENT

1.3.1 Prices .1 All tendered prices shall include all sales taxes, customs duties and excise

duties except for the Harmonized Sales Tax (HST), which shall be calculated as a separate item on the total of prices for all tendered items for the Work.

.2 The Contract is binding on the heirs and assigns of the Contractor. No assignment of the Contract to other parties, including sub‐Contractors, shall occur without the express written approval of the Owner.

1.3.2 Invoices .1 Prices for the items of Work on the submitted invoice shall be per the

tendered prices and subsequent prices for changes in the scope of the Work.

1.3.3 Acceptance of Work .1 Payment shall be made to the Contractor by the Owner within 30 days of

submission of invoice by the Contractor to the Owner for items of Work completed to the satisfaction of the Owner.

.2 No partial use of the Work or occupancy of the Work shall constitute acceptance of the Work or products.

.3 Final acceptance of the Work shall be achieved where all items of the Work per the Contract including approved changes to the scope of the Work are completed to the satisfaction of the Owner notwithstanding the requirements of Section – Information to Tenderers Subsection 27 Rejected Work.

.2 The total payable to the Contractor shall be the total price of the items of Work, as approved, plus HST.



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2. SUPPLEMENTARY SPECIFICATIONS

2.1. GENERAL REQUIREMENTS

2.1.1 Scope of Work .1 The Work includes grading of gravel surfaces, and the supply and application of

dust suppressant to the graded surfaces on various roads and properties owned by the Municipality of the District of Lunenburg.

.2 All changes in the scope of the Work must be authorized in writing by the Owner

to the Contractor, prior to the change in the Work proceeding.

.3 Approved changes to the scope of the Work shall not remove the responsibility of the Contractor to complete the Work, save for adjustments in the completion schedule for the revised Work.

.4 Adjustments in the Contract price and the Contract completion schedule

resulting from changes in the scope of the Work shall be mutually agreed to by the Owner and the Contractor.

2.1.2 Term of Contract .1 The term of the Contract shall be from June 1, 2019 to March 31, 2022. .2 The Owner reserves the right to cancel the Contract with 30 days’ notice if a

breach of the terms and conditions of this Contract takes place. .3 The Municipality reserves the right to pursue the Contractor for any and all

costs, fees and/or damages whether direct or indirect, in the event this contract is cancelled by the Municipality, whether for breach and/or non‐performance of contract or otherwise.

2.1.3 Existing Site Conditions The Contractor shall carefully examine existing site conditions prior to the start of the Work and notify the Owner of significant changes in such conditions from those identified in the contract.



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2.1.5 Place of Work .1 The place of Work includes the following Municipal Public Roads:


Jippie Avenue West Pine Grove 0.2

Jippie Avenue East Pine Grove 0.2

Billie Lane Pine Grove 0.7

Nick Drive Pine Grove 0.2

Adam Ridge Lane Pine Grove 0.2

Sara Lane Pine Grove 0.2

Jessie Lane Pine Grove 0.6

Sunset Crest Pine Grove 0.2

Whitley Drive Pine Grove 0.3

Jenny Drive Pine Grove 0.3

Damara Drive Pine Grove 0.2

Harold Whynot Road Pine Grove 0.5

Craig Chandler Drive Pine Grove 0.5

Whisper Wood Drive Hebbville 0.3

Homestead Estates Drive Italy Cross 1.2

Toma Drive Italy Cross 0.6

Summer Road Italy Cross 0.1

Schooner Drive Auburndale 0.3

Clipper Drive Auburndale 0.3

Meldrum Avenue Conquerall Bank 0.8

Concordia Drive Conquerall Bank 0.1

Buena Vista Drive Conquerall Bank 0.2

Aspen Court Conquerall Bank 0.3

Orchard Point Rd Conquerall Mills 0.5

Soleil Crescent Conquerall Mills 0.1

Daybreak Crescent Conquerall Mills 0.1

Ocean Stone Drive Garden Lots 0.7

Driftwood Court Garden Lots 0.5



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.2 The place of Work includes the following Municipal public park access roads and parking lots:

Park Community Length (km) Width (m)

Mush a Mush Sweetland 1.2 4.6

Miller Peace Point Dayspring 0.5 4.6

Sawpit Wharf Garden Lots 0.1 4.6

Sand Dollar Rosebay 0.2 3

Hirtles Beach Kingsburg 0.1 35.1

2.1.6 Scheduling and Coordination .1 Services to be provided weekdays during normal working hours or as approved

by Municipal Engineer or designate. .2 The Contractor shall provide sufficient notice to the Owner for inspection of the Work, in whole or in part, in order to permit inspection by the Owner and

confirm compliance with the Tender specifications. .3 Where applicable to the Work, the Contractor shall be responsible for provision

of traffic control on public highways in accordance with the Occupational Health and Safety Act of Nova Scotia and applicable regulations including Occupational Safety General Regulations and Workplace Safety and Health Regulations, in particular, Part 24 ‐ Temporary Workplaces on Highways.

2.1.7 Permits and Approvals .1 Unless otherwise indicated in these Tender Specifications, the obtaining of all

required permits, licenses, NS Power Clearances and certificates and payment of related fees shall be the responsibility of the Contractor with the exception of obtaining access to the Place of Work.

.2 Review and comply with all conditions contained in permit or approval.

.3 Make staff and subcontractors aware of all terms and conditions of any permit or approval issued.

2.1.8 Qualifications of Contractor .1 The Contractor shall employ only experienced and licensed equipment

operators for the Work. All equipment shall be supplied with qualified operators. The operators shall have driving records acceptable to the Owner. The Owner reserves the right to assess the suitability and qualifications of all



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operators and may prohibit the use of any operator who is not deemed acceptable to the Owner. It is the responsibility of the Contractor to ensure that each operator sent out with equipment is fully knowledgeable and trained on the equipment.

.2 The Contractor shall provide, within 10 days of award, a driver’s abstract for each equipment operator the Contractor proposes to use for the Work. Each driver’s abstract shall include information on any violations for the recent past three (3) years. Each driver's abstract shall be reviewed to ensure the driver is acceptable to the Owner. No equipment operator with an unacceptable abstract, as determined by the Owner at its sole discretion, shall be permitted to operate equipment for the Work of this Contract. Updated Province of Nova Scotia driver’s abstracts for all equipment operators employed under the Contract shall be submitted annually to the Owner for their review and approval, at the Owner’s sole discretion.

.3 The Contractor shall submit with the Tender a description of the training on operating equipment of the type to be used for the Work of the Contract that each proposed operator has received and successfully completed. An acceptable standard of training shall be equivalent to training programs such as those offered by provincially‐accredited trucking schools, such as Commercial Safety College. Where the proposed operator has not received formal driver training from a provincially‐accredited school, the Owner may require testing, by a provincially‐accredited school, of the proposed operator to determine operator suitability for the Work of the Contract. Such testing, if required, shall be at the cost of the Contractor. Evaluation of suitable training equivalency shall be at the sole discretion of the Owner.

2.1.9 Workers Compensation The Contractor shall provide updated and valid WCB Clearance Letters to the Owner through the duration of the Contract.

2.1.10 Certificates of Recognition The Contractor shall provide updated and valid Safety Certificate of Recognition to the Owner through the duration of the Contract

2.1.11 Insurance The Contactor shall provide, within 10 days of award, general liability insurance in the joint names of the Contractor and the Owner and automobile liability insurance as specified in Section – Information to Tenderers Subsection 13. Insurance.



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2.1.12 Standards and Reference Documents .1 Standards and reference documents in effect at the time of Tender Closing

referred to in these Tender Documents are an integral part of the Contract.

2.2. TECHNICAL SPECIFICATIONS

2.2.1 Substitutions and Alternatives .1 Requests for substitutions or alternatives shall be made by the Contractor to the

Owner in writing 10 (ten) working days prior to the execution of the Work. .2 No substitutions of specified products, materials, equipment and/or labour by

the Contractor shall be permitted unless prior approval is obtained from the Owner in writing prior to the execution of the Work or respective portion thereof.

2.2.2 Reference Documents .1 The Work including specified products, materials and methods shall be

completed according to; Nova Scotia Transportation and Infrastructure Renewal Standard Specification for Highway Construction and Maintenance; and the 2018 Edition of the Standard Specifications for Municipal Services as issued by the Joint Committee on Contract Documents which may be obtained from the Joint Committee on Contract Documents, 18 Laurier Street, Dartmouth, NS B3A 2G7; phone (902)430‐2534, (902) 233‐9362 or email at [email protected] .

2.2.3 Grading .1 The Contractor shall perform Work as directed by the Municipal Engineer. .2 Unit prices are to include grading of the entire gravel section of each road or

parking area.

2.2.4 Dust Suppression Application

.1 Magnesium chloride shall be supplied as magnesium liquid and comply with the following specifications:

The solution shall contain MgCl2 in solution not less than 28% by mass and not more than 32% by mass as per ASTM E449.

The acidity of the solution shall be between a pH 4 and 6.

The specific gravity shall be between 1.29 to 1.33.

.2 The Contractor shall perform Work as directed by the Municipal Engineer.

.3 Material shall not be applied during periods of rain, nor if rain is expected within



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12 hours of application, nor where the surface to be sprayed is in a saturated condition.

.4 Unless otherwise specified by the Municipal Engineer, the material shall be applied in a single application at the following rates: at 28 % Liquid Magnesium Chloride 1.1 to 1.2 l/m2 or 32 % Liquid Magnesium Chloride 1.0 to 1.1 l/m2.

.5 Unit prices are to include the application of Magnesium Chloride solution to the entire gravel section of each road or parking area.

2.2.5 Measurement and Payment .1 Item 1: Grading

Unit of Measurement: Per service; grading each gravel surface as requested

.2 Item 2: Dust Suppression Unit of Measurement: Per service; spraying dust suppressant to each gravel surface as requested.

.3 Estimated quantities are estimates only. No minimum quantities are implied or guaranteed.

2.3. START OF WORK

.1 A hazard assessment shall be conducted jointly by the Contractor and the Municipal Engineer prior to the start of Work.

.2 The Contractor shall not start Work until a Purchase Order has been issued for the specified Work by the Owner.

2.4. INSURANCE



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2.2.6 Without restricting the generality of GC 12.1 – INDEMNIFICATION, the Contractor shall provide, maintain, and pay for the insurance coverages specified in GC 11.1 – INSURANCE. Unless otherwise stipulated, the duration of each insurance policy shall be from the date of commencement of the Work until the date of the final certificate for payment. Prior to commencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the insurance, the Contractor shall promptly provide the Owner the confirmation of coverage and, if required, a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements.

.1 General Liability Insurance:

General liability insurance shall be in the joint names of the Contractor, the Owner, and the Consultant, with limits of not less than, $5,000,000 per occurrence and with a property damage deductible not exceeding $2 500. The insurance coverage shall not be less than the insurance required by IBC Form 2100, or its equivalent replacement, provided that IBC Form 2100 shall contain the latest edition of the relevant CCDC endorsement form. To achieve the desired limit, umbrella, or excess liability insurance may be used. All liability coverage shall be maintained for completed operations hazards from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, on an ongoing for a period of 6 years following Substantial Performance of the Work. Where the Contractor maintains a single blanket policy, the addition of the Owner and the Consultant is limited to liability arising out of the Work and all operations necessary or incidental thereto. The policy shall be endorsed to provide the Owner with not less than 30 days notice in writing in advance of any cancellation, and of change or amendment restricting coverage.

.2 Automobile Liability Insurance

Automobile liability insurance is respect of licensed vehicles shall have limits of not less than $2 000 000 inclusive per occurrence for bodily injury, death, and damage to property, covering all licensed vehicles owned or leased by the Contractor, and endorsed to provide the Owner with not less than 15 days’ notice in writing in advance of any cancellation, change or amendment restricting coverage. Where the policy has been issued pursuant to a government‐operated automobile insurance system, the Contractor shall provide the Owner with conformation of automobile insurance coverage for all automobiles registered in the name of the Contractor.



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.3 Property and Boiler and Machinery Insurance: .1 “All risks” property insurance shall be in the joint names of the Contractor, the Owner, the Consultant, and all Subcontractors, insuring not less than the sum of the amount of the Contract Price and the full value, as stated in the Supplementary Conditions, of Products that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding $2 500. The insurance coverage shall not be less than the insurance required by IBC Form 4042 or its equivalent replacement provided that IBC Form 4042 shall contain the latest edition of the relevant CCDC endorsement form. The coverage shall be maintained continuously until 5 working days after the date of the final certificate of payment.