Request for Tender

THE CORPORATION OF THE TOWNSHIP OF TYENDINAGA INVITE BIDS FOR THE ROOF REPLACEMENT AT 363 MCFARLANE ROAD, SHANNONVILLE & 852

MELROSE ROAD, SHANNONVILLE

Closing Date: July 3rd, 2020 at 12:00PM, local time

Closing Location: The Township of Tyendinaga

Municipal Office, 859 Melrose Road

Shannonville, Ontario K0K 3A0

Attn: Annie Manion, Social Director

Bids can also be emailed to recreation@tyendinagatownship.com

due to COVID Restrictions

Public Opening: July 6th, 2020 at 2:00PM, local time

Opening format will be altered to

meet COVID restrictions at that time

Summary of Instructions:

Please submit One (1) original and one (1) identical copy of your bid plus one (1) electronic copy on USB in Adobe PDF readable format along with the completed attached tender forms, in a sealed envelope quoting the tender number, title, the Respondent’s contact information, marked “Confidential” and Deliver or email before the closing date and time, July 3rd, 2020 at 12:00PM, local time.

Municipal Office859 Melrose Road

Shannonville, Ontario, K0K 3A0

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The Corporation of the Township of Tyendinaga reserves the right, without prejudice, to reject any or all bid submissions.

TABLE OF CONTENTS

SECTION 1 GENERAL.............................................................................................................................41.1 Definitions......................................................................................................................................4

SECTION 2: INSTRUCTION TO RESPONDENTS........................................................................................62.1 Invitation for Bids..........................................................................................................................62.2 Licenses/Certification-Respondent's Responsibility.......................................................................72.3 Approved Alternatives...................................................................................................................72.4 Tender Includes Related Documents.............................................................................................82.5 Deemed Satisfaction as to Submission..........................................................................................82.6 Acceptance of Terms and Conditions............................................................................................82.7 Cost of Bid Submission...................................................................................................................82.8 Demonstration and Presentations.................................................................................................92.9 Notification if Bid is Successful or Not...........................................................................................92.10 Tender Key Details.........................................................................................................................92.11 Information....................................................................................................................................92.12 Clarification and Questions Related to the Tender Documents...................................................102.13 Contact Person / Prohibited Contacts..........................................................................................112.14 Schedule of Work.........................................................................................................................112.15 Term of Contract.........................................................................................................................122.16 Changes to Tender (Extension of Time, Addendum, Cancellation)…………………………………………...122.17 Vendor Management Program....................................................................................................142.18 Post Project Evaluation................................................................................................................14

SECTION 3 - TENDER STATEMENT OF WORK AND REQUIREMENTS......................................................143.1 Purpose of Tender.......................................................................................................................143.2 Scope of Work.............................................................................................................................153.3 Work Requirements.....................................................................................................................15

SECTION 4: MANDATORY REQUIREMENTS..........................................................................................194.1 Tender Submission Requirements...............................................................................................194.2 Irrevocable Offer..........................................................................................................................204.3 Bid Deposit Requirements...........................................................................................................204.4 Insurances (proof of standing Insurances shall be submitted with bid).......................................224.5 Workplace Safety Insurance Board (WSIB) (to be submitted with bid)........................................224.6 Laws, Notices, Permits, Fees, Taxes and Duties...........................................................................234.7 Waiver.........................................................................................................................................24

SECTION 5: BID SUBMISSION, WITHDRAWAL, MODIFICATION............................................................245.1 Respondents Specific Instructions...............................................................................................245.2 Instructions, Date and Time for Receiving Bids............................................................................245.3 Bid Submission Inclusions............................................................................................................255.4 Respondent’s Authorized Signature............................................................................................265.5 References...................................................................................................................................265.6 Tender Document........................................................................................................................265.7 Withdrawal/Amendment of Bids.................................................................................................275.8 One Bid Per Respondent..............................................................................................................275.9 Consortium..................................................................................................................................275.10 Currency and Applicable Taxes....................................................................................................27

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SECTION 6: STANDARD TERMS AND CONDITIONS FOR GOODS AND SERVICES....................................276.1 Precedence of Documents and Interpretation............................................................................286.2 Governing Law.............................................................................................................................286.3 Appropriate Funds.......................................................................................................................286.4 Property of the Township of Tyendinaga.....................................................................................286.5 Annual Review (as applicable).....................................................................................................296.6 Processing of Bids........................................................................................................................296.7 Establishing a Short-List, Interviews and Site Visits (if required).................................................296.8 The Township of Tyendinaga Discretionary Rights......................................................................296.9 Conflict of Interest.......................................................................................................................316.10 No Obligation to Purchase...........................................................................................................326.11 Delays and Costs of Delay............................................................................................................326.12 Award..........................................................................................................................................336.13 Contract.......................................................................................................................................336.14 Assignment of Contract or Proceeds of Contract.........................................................................346.15 Joint Venture Bids (only Applies if No Exceptions Stated in Tender Section # 3).........................346.16 Non Sustainable Price..................................................................................................................356.17 Anti- Collusion Clause..................................................................................................................356.18 Gratuity........................................................................................................................................366.19 Notification of Changes of Respondent’s Structure.....................................................................366.20 Bankruptcy and Insolvency Act....................................................................................................366.21 Acceptance/Rejection of Goods and Services..............................................................................376.22 Force Majeure..............................................................................................................................376.23 Covenants and Indemnification...................................................................................................376.24 Guarantees, Warranties and Deficiencies....................................................................................386.25 Damage Claims............................................................................................................................396.26 Liquidated Damages....................................................................................................................396.27 Confidential Information/Ownership and Disclosure of Vendor Submissions.............................396.28 Notice..........................................................................................................................................406.29 Disqualification - The Township of Tyendinaga Rights.................................................................406.30 Termination, Severability.............................................................................................................416.31 No Additional Payment for Increased Costs.................................................................................426.32 Taking the Work Out of the Successful Respondent’s Hands.......................................................426.33 Accessibility Standards for Customer Service...............................................................................436.34 Construction Act..........................................................................................................................446.35 Vendor Performance...................................................................................................................446.36 Application for Payment..............................................................................................................45

APPENDIX I: TENDER SUBMISSION FORM - PART ONE........................................................................46APPENDIX II: CERTIFICATE OF INDEPENDENT PROPOSAL (page 1 of 2).....................................48APPENDIX III: SUBCONTRACTORS.......................................................................................................51APPENDIX IV: WORK PERFORMANCE REFERENCES.............................................................................52APPENDIX V: HEALTH AND SAFETY DECLARATION..............................................................................53APPENDIX VI: ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005......................................54APPENDIX VII: NOTICE OF "NO RESPONSE" (Optional)........................................................................55APPENDIX VIII: SPECIFICATIONS.........................................................................................................56

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SECTION 1 GENERAL

1.1 Definitions

Applicable Law means, with respect to any person, property, transaction, event or other matter, any rule, statute, regulation, by-law, order, judgment, decree, treaty or other requirement having the force of law relating or applicable to such person, property, transaction, event or other matter, and includes, where appropriate, any interpretation of a rule, statute, regulation, order, decree, treaty or other requirement having the force of law by any person having jurisdiction over it, or charged with its administration or interpretation;

Approval Authority means the authority delegated by the Township of Tyendinaga to a person designated to occupy a position to approve on its behalf one or more procurement functions within the plan-to-pay cycle up to specified dollar limits subject to the applicable legislation, regulations and procedures in effect at such time.

As detailed means as shown on the drawings.

As specified means as specified herein.

Award means the notification to a Respondent(s) of acceptance of a bid, quotation or bid that brings a contract into existence.

Bid means a proposal, quotation or bid submitted in response to a solicitation from a contracting authority. A bid covers the response to any of the three principal methods of soliciting bids, i.e., Request for Proposal, Request for Tender and Request for Quotation.

Bid Protest means a dispute raised against the methods employed or decisions made by a contracting authority in the administration of a proposal, tender, or quotation process.

Building Code means the Ontario Building Code (2012) and as amended.

Business Day means any day except a Saturday, Sunday or statutory holiday.

Competitive Procurement means a set of procedures for developing a procurement contract through a bidding or proposal process. The intent is to solicit fair, impartial, competitive bids.

Contract means an obligation, such as an accepted offer, between competent parties upon a legal consideration, to do or abstain from doing some act. It is essential to the creation of a contract that the parties intend that their agreement shall have legal consequences and be legally enforceable. The essential elements of a contract are an offer and an acceptance of that offer; the capacity of the parties to contract; consideration to support the contract; a mutual identity of consent or consensus ad idem; legality of purpose; and sufficient certainty of terms.

Contract Price means the total price the Township of Tyendinaga has agreed to pay the Successful Respondent for the work stipulated in the contract, and in any event shall not exceed the amount

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specified in the purchase order.

Fair Market Value means the price that would be agreed to in an open and unrestricted market between knowledgeable and willing parties dealing at arm's length who are fully informed and not under any compulsion to transact.

Fiscal Year means twelve-month period covered by the Township of Tyendinaga’s yearly budget, defined by the date in which it ends. Each fiscal year runs from 1st January to 31st December of each year.

Goods and Services/Goods or Services means moveable property (including the costs of installing, operating, maintaining or manufacturing such moveable property) including raw materials, products, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a general construction contract and/or services including construction, consulting services and information technology.

Green Procurement means the purchase of environmentally preferable goods and services and the integration of environmental performance considerations into the procurement process including planning, acquisition, use and disposal. Environmentally preferable goods and services are those that have a lesser or reduced impact on the environment over the life cycle of the good or service, when compared with competing goods or services serving the same purpose. Environmental performance considerations include, among other things: the reduction of greenhouse gas emissions and air contaminants; improved energy and water efficiency; reduced waste and support of reuse and recycling; the use of renewable resources; reduced hazardous waste; and reduced toxic and hazardous substances.

Labour and Material Bond is a bond procured by the Respondent from a surety as a guarantee to the Township that the labour and materials applied to the project will be paid by the Respondent.

Owner means The Corporation of The Township of Tyendinaga or as specified in the scope of requirements and instructions to Respondents.

Performance Bond is a surety bond issued by an insurance company or a bank to guarantee satisfactory completion of a project by the successful Respondent.

Provide means supply and install.

Purchase Order (PO) means a written offer made by a purchaser to a supplier formally stating the terms and conditions of a proposed transaction.

Respondent means any person who submits a bid, proposal, or the required response to a competitive bid process in accordance to the applicable terms and conditions and shall include the Respondent itself and,

(a) if the Respondent is an individual,(i) any current employee of the Respondent;(ii)any partnership of which the Respondent is or was a partner; and(iii) any corporation of which the Respondent is or was a controlling shareholder;(b) if the Respondent is a corporation,

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(i) any current director, officer, employee or controlling shareholder of the respondent(ii) any partnership of which the Respondent is or was a partner; and(iii) any corporation of which the Respondent is or was a controlling shareholder;

(c) if the Respondent is a partnership,(i) any current member or employee of the Respondent; and(ii) any corporation of which the Respondent is or was a controlling shareholder.

Shall or Must identifies mandatory criteria and/or requirements. Whenever the word "shall or must" is used in the contract, it has the meanings attributed to it as in the Interpretation Act of Ontario.

Specification means a concise statement of a set of requirements to be satisfied by a product, material or process that indicates whenever appropriate the procedures to determine whether the requirements are satisfied. As far as practicable, it is desirable that the requirements are expressed numerically in terms of appropriate units, together with their limits. A specification may be a standard, a part of a standard, or independent of a standard.

Successful Respondent means the person, firm or corporation identified on the contract order that will be awarded the contract for this tender and is responsible for the contract.

Supplier/Vendor means any person or organization that, based on an assessment of that person's or organization financial, technical, and commercial capacity, is capable of fulfilling the requirements of procurement.

Total Cost of Ownership/ Total Life-Cycle Costs (TCO) —means an estimate or calculation that considers all direct and indirect costs of an asset, good or service over its useful life, from acquisition to disposal. Total cost of ownership includes items such as the purchase price, implementation fees, upgrades, maintenance contracts, support contracts, license fees and disposal costs.

Township means the Corporation of the Township of Tyendinaga (Tyendinaga Township) as the context of the tender and contract document requires.

Vendor Debriefing means a practice of informing a supplier as to why their bid was not selected upon completion of the contract award process, should the vendor request one.

Value for Money/ Best Value means a foundational objective of the Township of Tyendinaga. A value for money approach aims to deliver products and services with a lower total life-cycle cost while maintaining a high standard.

Warranty means the representation, either expressed or implied that a certain fact regarding the subject matter of a Contract is presently true or will be true. Not to be confused with "guarantee", which means a Contract; or promise by one person to answer for the performance of another person.

SECTION 2: INSTRUCTION TO RESPONDENTS

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2.1 Invitation for Bids

(1) This tender is issued by the Corporation of the Township of Tyendinaga (herein referred to as the Township of Tyendinaga and/or the Township) on behalf of the Tyendinaga Township’s Recreation Department and the project is as described hereunder, in accordance with the terms and conditions of this tender document.

(2) The Recreation Department is inviting bids from qualified and professional Respondents to supply all labour, material, equipment, supervision and transportation necessary to carry out the removal and disposal/recycling of the existing roofing materials at 363 McFarlane Road, Shannonville and 852 Melrose Road, Shannonville and their replacement as specified. The disposal of and/or recycle of waste materials shall be processed in an environmental manner according to all municipal, provincial, and federal legislation.

2.2 Licenses/Certification-Respondent's Responsibility

(1) Respondents upon request from the Township shall provide proof that they are experienced, qualified and licensed as required in Ontario, and are compliant to applicable insurances, licenses and/or the required certification to perform and complete all the work as required and as indicated in this tender.

(2) Respondents upon request by the Township shall provide proof of the required permits and approvals from governing agencies, all labour, taxes, services, work and equipment necessary to perform the `Work' as described in this tender and also must be compliant with the requirements of the:

(a) Workplace Safety Insurance Board (WSIB)(b) Occupational Health and Safety Act(c) Accessibility For Ontarians With Disabilities Act, 2005(d) Residential Tenancies Act, 2006(e) Freedom of Information and Protection of Privacy Act (FIPPA)(f) Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)

(3) The Successful Respondent will be responsible for applications and fees associated with any and all licenses and permits required by any and all governing bodies unless otherwise stipulated in the tender document. A copy of all permits, and any other required documentation shall be forwarded to the Township of Tyendinaga as requested by the Social Director or designate.

2.3 Approved Alternatives

(1) Bid submissions that do not adhere to the specifications, except where an “approved alternative” is substituted, may be disqualified.

(2) Whenever an article, material or equipment is called for by specific manufacturer or vendor, the term “or Approved Alternative” if not suffixed, is implied. The specific article, material or equipment mentioned is to be understood as indicating the type, function, minimum standard of design, efficiency compatibility and quality desired, and not to be construed in such a manner as to exclude comparable products of other manufacturers.

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(3) Product proposed as a substitute or alternative must be presented to the Township for approval during the bidding period. It is the Prospective Respondent’s responsibility to provide adequate information as deemed by the Township to support the Township’s review of the substitute/alternative. The Township reserves the right to determine what qualifies as an approved alternative/substitute. Respondents are requested NOT to make verbal inquiries of Township staff and are reminded that oral information provided to any Respondent will not be binding on the Township. All written requests for an approved alternate/substitute must be submitted no less than five (5) working days before the closing date to allow for assessment and inclusion in an addendum. Submissions made after this point will not be reviewed. Written requests should be sent by fax: 613-396-2080 or by email: recreation@tyendinagatownship.com. Products approved as alternates or substitutions by the Township will be included in an addendum. Only those products listed in an addendum are considered alternates or substitutions for the purpose of submitting tenders.

2.4 Tender Includes Related Documents

(1) The documents forming this tender and the contract are complementary, and what is required by any one shall be as binding as required by all. Appendix I-VI shall be required with your bid submission and each Appendix shall be completed, signed and dated by the Respondent for acceptance to this tender. (refer to Section 6 Standard Procurement Terms & Conditions).

Appendix I: Tender Bid Submission Form Part One & Part Two Appendix II: Certificate of Independent BidAppendix III: SubcontractorsAppendix IV: Work Performance ReferencesAppendix V: Health & Safety DeclarationAppendix VI: Accessibility for Ontarians with Disabilities Act, 2005

(2) Respondents must ensure that they receive all the contents listed above. Any omissions must be drawn to the attention of the Recreation Department at least seven (7) days prior to the tender closing date and time.

2.5 Deemed Satisfaction as to Submission

The submission of a bid shall be deemed conclusive proof that the Respondent of the bid has satisfied itself as to all the requirements set out in the tender, all the conditions which may be encountered, where, materials and/or services they will be required to supply, or any other matter which may enter into the carrying out of the tendered work. No claims will be entertained by the Township of Tyendinaga or Recreation Department based on the assertion by the Respondent of a bid that it was uninformed as to any of the requirements of the tender.

2.6 Acceptance of Terms and Conditions

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Unless explicitly stated otherwise, submission of a bid indicates acceptance by the Respondent of the terms and conditions contained in this tender document.

2.7 Cost of Bid Submission

Respondents shall be solely and fully responsible for all costs associated with the development, preparation, transmittal, and submission of any bid or material submitted in response to this tender. The Township of Tyendinaga assumes no contractual or other obligations as a result of the issuance of this tender, the preparation or submission of a bid by a Respondent, the evaluation of bids, the Respondent's conduct of presentations or the selection of any bids for further negotiations. By submitting a bid the Respondent agrees that there may be no claims whatsoever for reimbursement from Tyendinaga Township for any such costs. All costs incurred by the Respondent during the selection process and during discussions will be solely the responsibility of the Respondent.

2.8 Demonstration and Presentations

(1) The Respondent's proposed product and work must meet the specifications as set out in this tender. No bid alterations will be allowed unless written approval is provided by the Township of Tyendinaga and included in the contract issued to the Successful Respondent.

(2) The Township of Tyendinaga also reserves the right to visit qualified Respondents sites as part of the tender process.

2.9 Notification if Bid is Successful or Not

With reference to bids that are deemed acceptable at the official tender opening, Respondents shall be notified by the Township of Tyendinaga Recreation Department in writing as to their success or failure in the tender process.

2.10 Tender Key Details

Note: The following dates are tentative and are subject to change without penalty to the Township of Tyendinaga. It is the Township of Tyendinaga’s intention that all Respondents would be given written notice of the change:

Tender Number: T # 02-2020

Tender Title: The Replacement of the Roof at 363 McFarlane Road, Shannonville and 852 Melrose Road, Shannonville

Mandatory Site Meeting

Consultant will meet respondents by appointment only on-site June 11th, 2020 to review the scope of work. Due to current COVID restrictions, respondents will be allotted 20-minute time slots for each site. Site visit is dependent on COVID restrictions at that time and may change.

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Deadline forQuestions:

June 30th, 2020 at 2:00PM Local Timeclerk@tyendinagatownship.comor by FAX: 613-396-2080 or in hard copy - to the Municipal Office

Closing Date: July 3rd, 2020 at 2:00PM, Local Time

2.11 Information

(1) Information obtained from any other source may be inaccurate and is not binding on the Township of Tyendinaga or the Recreation department.

(2) A BLACKOUT period begins when the tender closes and ends when the agreement is signed by the Township of Tyendinaga Recreation Department and the selected Respondent.

(a) Any communication between Respondents and the Township during the blackout period will be initiated by Social Director for the purpose of obtaining information or clarification necessary in order to ensure a proper and accurate evaluation of bids.

(b) The Township shall not disclose any information related to any potential outcome of the evaluation of the submissions or any information related to any content of the submissions during the blackout period.

(c) Any communications initiated by the Respondent during the blackout period may be grounds for disqualifying the offending Respondent from consideration for the tender award and/or may result in suspension of bidding privileges.

(3) Any attempt, on the part of any Respondent or any of its employees, agents, Respondents or representatives, to contact any person other than the Recreation Department with respect to this tender, may be grounds for disqualification.

(4) The Township of Tyendinaga and/or the Recreation Department and its advisors do not make any representation, warranty or guarantee as to the accuracy of the information contained in this tender or issued by way of addenda. It is the Respondent's responsibility to avail themselves of all the necessary information to prepare a bid in response to this tender.

(5) Respondents shall familiarize themselves with all aspects of the work, including the tender forms, the general conditions, the specifications and the execution instructions. Respondents shall confirm all dimensions and conditions pertinent to the work including the ability to fulfill all the requirements described in this tender and the bid submission.

(6) Tyendinaga Township will not accept any responsibility for the failure or negligence of a Respondent in doing so and no extras will be permitted for additional work due to existing site conditions.

2.12 Clarification and Questions Related to the Tender Documents

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(1) Prospective Respondents may request clarification of the tender documents by;

(a) submitting all requests for clarification as written questions in electronic format to the Social Director(i) by Fax at 613-396-2080 : or(ii) by email at recreation@tyendinagatownship.com

(b) submitting all requests for clarification no later than the deadline as set out in the timetable (Section 2.10) or by submitting these requests for clarification at the Respondent's meeting (if applicable).

(2) The Township will provide the Prospective Respondents with written responses to questions that are submitted in accordance with this section no later than the date set out in the timetable (Section 2.10). The Township will circulate the responses via the form of an addendum to all Prospective Respondents in accordance with the circulation method set out in this section. The addendum will become a part of the tender document.

(3) The Township will include, in the addendum, all requests for clarification that have been submitted in accordance with this section but will not attribute the requests for clarification to any party. The Township may, in its sole discretion,

(a) answer similar questions from various Respondents only once;(b) edit the language of the questions for the purpose of clarity; and(c) exclude submitted questions if they are not comprehensible.

(4) It is the Respondent's responsibility to seek clarification from the Township of any matter it considers to be unclear and the Respondent shall seek clarification in accordance with this tender section.

(5) The Township shall not be responsible for any misunderstanding of the tender documents, the addendum, or the tender process on the part of the Respondent.

2.13 Contact Person / Prohibited Contacts

Prospective Respondents, Respondents and the Successful Respondents shall not contact or make any attempt to contact,

(1) any Township officer, employee, subcontractor, agent, representative, consultant or volunteer (the ''Township Representatives") or provincial government employee or representative, other than the Township Social Director or designate; and

(2) any other Prospective Respondent or other Respondent, except for the purpose of discussing the possibility of submitting a proposal as a Joint Venture Respondent, with respect to the Prospective Respondents, Respondents, or the Successful Respondent’s submission, the tender documents, or the tender process.

2.14 Schedule of Work

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The Township anticipates awarding the work under this contract in, July 2020 for a start date to be agreed upon by the Successful Respondent and the Social Director, Annie Manion. The Successful Respondent must be prepared to commence work on the agreed start date or stand the chance of forfeiting the contract. This project is of the utmost importance and requires the Successful Respondent to work on this project in a continuous manner until completion.

Anticipated Start Date No later than September 1, 2020Substantial Completion Date October 31, 2020Completion Date November 31,2020.

Liquidated damages past completion date will be $300 per day.

2.15 Term of Contract

(1) Extensions are to be mutually acceptable, and subject to a continued requirement by the Township, budget approval and in accordance with the terms and conditions of this tender document.

(2) The Successful Respondent agrees to provide every reasonable effort to perform the work within the schedule established by the Recreation Department. Once started, the contract shall be completed in a continuous manner and as directed by the Recreation Department. The dates indicated in the tender are planned; however the dates may be altered as required by the Recreation Department.

(3) Respondents must indicate in the bid submission form the date of completion for the work.

(4) The Recreation Department will consider bids indicating alternate work completion schedules as long as the work completion in the bid is acceptable to the Social Director.NOTE: The Township will not pay any premium for work completed on weekends or statutory holidays. All work hours must be pre-approved by the Social Director. The Successful Respondent must obtain from the Recreation Department the location where the Successful Respondent can park vehicles and set up equipment (ladders etc.). In addition, no work will be conducted at the project sites outer perimeter during periods of time when occupants are outside of the building (e.g. Special events).

2.16 Changes to Tender (Extension of Time, Addendum, Cancellation)

(1) This tender process will be governed according to the tender schedule. Although every attempt will be made to meet all dates, the Township of Tyendinaga reserves the right and may, without liability, cost or penalty and in its sole discretion, and at any time prior to the deadline for submission of the bids (the "submission deadline") amend the timeline.

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(2) The Township of Tyendinaga may, without liability, any expenses, costs, loss or damage incurred or suffered by any Respondent as a result of such changes or withdrawal:

(a) amend or supplement the tender documents, and(b) reserves the right to withdraw, at its discretion and at any time, this tender.

(3) If the Township of Tyendinaga extends the submission timelines, all obligations of Respondents will thereafter be subject to the extended timelines. When the closing date for receiving an advertised tender is extended all Respondents shall be notified by the Recreation Department of the extension of time either by phone, fax or email. The Recreation Department shall keep a record of all parties contacted. It is the sole responsibility of the Respondents to notify the Recreation Department of any changes to their contact information.

(4) The Township of Tyendinaga will notify all Respondents in writing at the address indicated in the completed bid submitted to the Township of Tyendinaga.

(5) The Township of Tyendinaga will issue changes to the tender documents by addenda only. No other statement, whether oral or written, made by the Township of Tyendinaga or a Tyendinaga Township representative, will amend the tender documents.

(6) If the Township of Tyendinaga extends the submission timelines, all obligations of Respondents will thereafter be subject to the extended timelines.

(7) Interpretations to queries from Respondents, changes, cancellation of, or additions to tenders under call shall be made in the form of a written addendum issued by the Recreation Department.

(8) A copy of each addendum shall be forwarded by either: mail, fax, e-mail or sent by courier to each Respondent, at the last known place of business. Alternatively, Respondents may be requested to pick up the addendum and sign for its receipt. A copy of the addendum shall also be issued with each tender, subsequently e-mailed or by fax or mailed out, or picked up.

(9) It is the responsibility of the Respondent to provide the required contact information to the Township of Tyendinaga’s Recreation Department and follow up to ensure and confirm they have received all applicable addendum.

(10) The Respondent shall not rely on any information or instructions from a Tyendinaga

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Township Representative except as stated in the tender documents and any addenda issued pursuant to this tender.

(11) Bids already received when the closing date has been extended shall be returned to the Respondent if the extension of time is more than two weeks. If the extension of time is two weeks or less the unopened bid will be available for the Respondent to arrange for pick-up.

(12) The Respondent is solely responsible to ensure that it has received all addenda issued by the Township of Tyendinaga. Respondents may, in writing, seek confirmation of the number of addenda issued under this tender from the Recreation Department.

(13) When an advertised tender is cancelled all Respondents shall be notified by the Recreation Department by either: phone, fax, email or mail.

(14) Once a tender has been cancelled, no bids will be accepted.

(15) All bids received prior to the cancellation shall be made available for pick-up or return arrangements by the Recreation Department, to the Respondent by hand, courier or by registered mail.

2.17 Vendor Management Program

(1) The Township of Tyendinaga is introducing a Vendor Management Program.

(2) The intent of the program is to formalize the procedures and processes for Respondents, service providers and Township staff involved in the delivery of services for the Township, in order to ensure a safe working environment whenever work is conducted on Township property.

(3) The program is an opportunity for Respondents, service providers and the Township to partner together to provide for the safety of all employees, workers and the general public on Township projects and job sites.

(4) As a part of this program, all Respondents and service providers who are awarded work by the Township will be required to complete our Vendor Management Program Checklist prior to starting any work.

(5) The purpose of the checklist is to provide a formal, documented process to ensure the safe and successful completion of all projects and services supplied to the Township.

(6) Also attached is the Township’s Health & Safety Orientation Package for Vendors; all

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prospective Respondents and service providers should review this guide prior to contracting with the Township.

2.18 Post Project Evaluation

The Township of Tyendinaga as part of its Vendor Management Program is implementing a process for the evaluation of Respondents and service providers upon completion of a contract. A copy of the Post Project Evaluation Form will be provided.Any Respondent or service provider scoring less than 55% overall on the evaluation, and less than 75% on Part D of the evaluation, Health and Safety Component, will be disqualified from bidding on future work for a period of 1 year for the first occurrence, 2 years for the 2nd occurrence and 3 years for the 3rd occurrence.

SECTION 3 - TENDER STATEMENT OF WORK AND REQUIREMENTS

3.1 Purpose of Tender

(1) It is the intent of this tender to invite and receive bids from qualified contractors for the works involved with replacing the roofs at 363 McFarlane Road, Shannonville, and 852 Melrose Road, Shannonville as per specifications listed in Appendix VII. The Respondent’s bid price is to include the removal of the existing roofing material which shall be recycled/disposed of, to comply with all local codes having jurisdiction over the disposal of these materials legally as required by local laws.

(2) The Social Director as required, may provide potential Respondents and/or the Successful Respondent with a key to access units(s) at the applicable addresses. Potential Respondents and/or Successful Respondent will be held accountable and responsible for the security of the key(s) and shall return the key(s) to the Social Director on request. Respondents and/or Successful Respondent agree not to duplicate the key(s) or make the key(s) available to any person without the pre-approval of the Social Director, Annie Manion.

(3) The Township will award the tender subject to budget availability. It is the intent of the Township to award the project to one Respondent.

(4) Any individual or entity who has been retained by the Township on a consulting basis in developing the scope of work and/or specifications for this tender, shall not be permitted to submit a bid for this tender.

3.2 Scope of Work

(1) Please refer to Appendix VII

3.3 Work Requirements

The Successful Respondent is to make good any damage to surfaces caused by the execution of this contract, including but not limited to touch-up repairs to buildings, yard area, grasses etc. Care in the handling of products and material as to prevent damage to new and existing work.

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Materials must be stored in a dry environment free from weather and any foreign matter during all phases of work.

3.3.1 Miscellaneous

(1) Preliminary Work(a) Give at least (72) seventy-two hours’ notice to the Recreation Department before

starting work or visiting the site.(b) Provide temporary protection to all areas during operations.(c) Provide proper egress from unit at all times during operations.

(2) Reference Standards; Perform work in strict accordance with:(a) The Construction Safety Act of Ontario(b) The Occupational Health and Safety Act, R.S.O. 1990, c.0.1. and all Municipal by-

laws(c) Successful Respondent to be responsible to obtain all required permits/fees to

carry out this work(d) Make good all damage to building/property as a result of carrying out this

replacement as required.

(3) Existing Conditions(a) Visit the site and determine existing conditions, limitations and requirements for

protection of adjacent work site and verify dimensions of what protection to the property is required.

(b) Protect and be responsible for all new finished and unfinished work which is exposed and susceptible to vandalism or theft.

(c) Protect new work from damages from any cause. All finished surfaces must be protected so that no marks or scratches mar the finished surfaces prior to acceptance of the work.

(4) Supply/and Install Schedule:(a) Work will be carried out between the hours of 8:00 am to 5:00 pm Monday to

Friday unless otherwise directed by the Social Director, all work hours must receive pre-approval from the Social Director.

(b) Commence work after Purchase Order (Contract) has been awarded and complete the work as soon as possible and in accordance to instruction issued by Social Director.

(c) The Social Director will provide the Successful Respondent with the required work instructions and worksite schedules.

(d) Furnish all labour, materials, equipment, transportation, storage of tools and any other incidentals required.

(e) Use the electrical service and water service at the site only as directed by the Social Director.

(f) Location for setup and material storage must be approved by the Social Director (or her designate). The Successful Respondent will confine their equipment, storage of materials and operation of their workers to limits indicated by laws, ordinances, permits or prior arrangements with the Social Director as required or

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needed, erect and maintain safety fences around all equipment and material.

(5) Demolition: Do not proceed with other work not indicated on the Recreation Department work order until approval is given by the Social Director or designate as instructed.

(6) The Social Director (or her designate) will review the Contract Order, Contract Documents with the Successful Respondent and will review the extent of the work with the Successful Respondent and determine responsibilities, schedules and sequence of activities.

(7) The Social Director (or her designate) will convene meetings during the term of the contract, or as necessary.

(8) Do not install roofing during weather that might adversely affect the performance of the product from adhering to the building.

(9) Do not install new product over surfaces that are wet, dirty, or otherwise unsuitable to the system being installed.

(10) Secure the work in a safe and watertight fashion before the onset of inclement weather and at the end of each day’s work.

NOTE: In the event a tenant has not followed instructions from the Recreation Department, the Successful Respondent will be responsible to immediately notify the Recreation Department

3.3.2 Property

(1) The Respondent shall be responsible for any damage to the property of the Township of Tyendinaga Recreation Complex or the Tyendinaga Township Public Library which is directly attributable to the performance of the Respondent’s personnel or the equipment used by the Respondent and/or subcontractor(s) in the service performance. Facilities or surroundings damaged by the Respondent and/or subcontractor(s) shall be repaired and paid for in full by the Respondent at no cost to the Township. This includes, but is not limited to, buildings, trees, shrubs, grass areas, fences, and curbs, etc.

(2) At the end of each day’s work, the Successful Respondent shall remove all debris and hazardous material/equipment from site as required.

(3) Leave all areas of work, broom clean. The Respondent shall do a magnetized swipe of the premises for any metal debris (i.e. Roofing nails).

(4) The Successful Respondent is not to use any Recreation Department units/facilities for cleanup of any work-related services.

(5) Clean all new material and areas of work to the satisfaction of the Recreation Department.

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(6) The Successful Respondent shall leave said premises in the original condition upon completion of the work.

(7) All accidents or damage to property must be reported immediately by the Respondent to the Social Director

3.3.3 Safety Standards

(1) The Successful Respondent and any employees, subcontractors, etc. that will be performing work on this project MUST adhere to all Ministry of Health and Safety working at heights regulations at all times. All equipment used must meet the standards as required by Reg. 213/91 under the OHSA and the Construction Projects Regulation.

(2) The Successful Respondent and any employees, subcontractors, etc. that will be performing work on this project that requires them to be on a ladder MUST ensure that the ladder is tied off so that they are safe from any fall hazards and that ladders perform to the standards of Reg. 213/91 under the OHSA and the Constructions Projects Regulation.

(3) The Respondent shall comply with all health and safety requirements established by the Occupational Health and Safety Act and Regulations, the Township and any applicable industry standards and all Municipal by-laws. The Respondent agrees to assume full responsibility for the enforcement of same.

(4) The Respondent acknowledges and agrees that any breach or breaches of health and safety requirements, whether by the Respondent or any of its subcontractors may invalidate the contract. The Respondent agrees to indemnify and save the Township harmless for civil damages arising from any breach or breaches of the Occupational Health and Safety Act.

(5) The Respondent shall follow Workplace Hazardous Materials Information Systems (WHMIS) requirements and ensure employees are given required training and support.

(6) Reporting: Recreation Department, a list of those products controlled under WHMIS, which they expect to use on the jobsite. Related Material Safety Data Sheets (MSDS) shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labeled. The Recreation Department shall be notified of changes to the list in writing and provide new MSDS as required.

(7) In accordance with WHMIS Regulations, the Successful Respondent is required to maintain one set of Material Safety Data Sheets (MSDS) for the workers on the jobsite.

(8) It is the responsibility of the Respondent to work in a safe and orderly manner so as not to constitute any safety hazards. The Respondent is responsible for ensuring that all reasonable precautions for the protection and safety of workers are maintained.

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3.3.4 Subcontractors

(1) The Respondent must submit a list of all of the subcontractors who they shall use to perform work under the contract. All subcontractors must be approved by the Township.

(2) All subcontractors selected and named shall have experience in the subcontract work described. Respondents shall ensure that all subcontractors selected shall be able to show proof upon request by the Township of previous work of a similar nature performed by them.

(3) The Respondent agrees to require all subcontractors to perform their work in accordance with and subject to the terms and conditions of the contract documents and that he will incorporate all the terms and conditions of the contract documents into all subcontractor agreements.

(4) Nothing contained in the contract documents shall create any contractual relationship between any subcontractor and the Township.

(5) The Respondent shall ensure that any and all subcontractors also have valid Commercial General Liability Insurance coverage with the same limits and wording as outlined in section 4.4 & 4.5 and coverage under WSIB; unless self-employed in which the subcontractor will be required to follow the requirements of section 4.5 (2).

3.3.5 Respondent Qualifications

(1) All tendering contractors shall be recognized roofing contractors. Contractors must have been in their current ownership/corporate structure for a minimum of three (3) years and may be required to provide a resume of experience demonstrating a minimum of three (3) years of experience in the specified style of roofing (Roof Replacement- sloped roofing including shingles, metal, standing seam, through fastened) . In addition, the Contractor may be required to provide a list of at least five (5) projects of a similar nature completed in the past two years (minimum size of each project-5,000 sq. Ft.); such projects must be available for the Township or its representatives to inspect. Contractors shall be members of the provincial roofing association (OIRCA) and/or have completed roofing projects for the Township in a manner satisfactory to the Township. Bids will only be accepted from contractors who can meet these requirements. Should any dispute arise regarding qualification of a contractor, it is understood that the decision of the Township shall be final and binding.

(2) Respondents shall be able to provide documented experience in services similar to the work required in this tender. Work shall be done by skilled persons working under the direction of a capable foreman with clean equipment, tools, material and supplies that are in good condition.

(3) Respondents shall adequately demonstrate that they have the ability to provide the necessary expertise and resources to satisfactorily complete the work described in this

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tender.

(4) The Township reserves the right to investigate and evaluate the experience, capability, safety, quality, registration, and financial position of any respondent prior to an award of a contract. The Township reserves the right to reject any Respondent or tender in its sole discretion, based on the information contained.

SECTION 4: MANDATORY REQUIREMENTS

4.1 Tender Submission Requirements

(1) In this tender document the specific material requirement elements are identified by the use of "shall'", "must" and "will".

(2) Each Respondent shall sign and return Tender Appendix I, II, III, IV, V, and VI, of this Tender document with their bid submission or failure to submit such data may be deemed sufficient cause for disqualification of a bid submission from further consideration and or for award of a Contract.

(3) Bid submission shall not be submitted by fax.

(4) Bid submission shall be submitted in English

NOTE: The Township of Tyendinaga reserves the right to provide an extension of time to obtain the required documentation when deemed appropriate.

4.2 Irrevocable Offer

(1) The submitted bid shall remain valid for a period of sixty (60) days from the date and time of close for the tender.

(2) Subject to the Respondent's right to withdraw before the submission deadline, the Respondent's bid shall be irrevocable and shall remain in effect and open for acceptance for the number of days as set out in the submission deadline (the "bid validity period").

(3) The Respondent may not withdraw and shall not request to change their bid once accepted by the Tyendinaga Township after the official closing date and time.

4.3 Bid Deposit Requirements

(1) In order to protect Tyendinaga Township, performance security to guarantee the completion of the contract is required for the supply and installation of equipment and materials and all services and or construction involving Tyendinaga Township property. Performance security is deemed necessary and shall be in the following form or a

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combination of the following as noted in tender section 4.3 inclusive.

(2) Each Respondent shall provide a bid deposit payable in Canadian currency for the amount in accordance with the following schedule:

Total amount of Bid (excluding taxes) Minimum Bid Deposit $25,000 or less NilOver $25,000 to $50,000 5%Over $50,000 10%

(3) Bid deposits may be issued by certified cheque, bank draft, money order, cash, bid bond or an Irrevocable Letter of Credit from a licensed Financial Institution in Ontario or any combination (which may be converted into cash) and made payable to the Corporation of the Township of Tyendinaga and must be returned in the same envelope as the bid.

(a) If the bid deposit is provided in the form of an irrevocable letter of credit, it shall be secured from a Surety Company, licensed to operate and authorized by law to carry on business in the Province of Ontario.

(b) The irrevocable letter of credit cannot be cancelled, and guarantees the Township of Tyendinaga that the work will be performed on time and as stated in their bid.

(c) The Financial Institution and Surety Company must be acceptable to the Township of Tyendinaga.

(d) Without limiting the foregoing, the irrevocable letter of credit shall indemnify and save harmless the Township of Tyendinaga, its successors and assigns, and each of its existing and former officers, trustees, employees and agents, and their respective heirs, executors and administrators, for and against all costs, damages and liabilities of any kind or nature whatsoever, including legal and consultants' fees, incurred by the Township of Tyendinaga in connection or arising out of the failure, default or inability of the Successful Respondent to comply with, or the breach of, any applicable statutory or legal requirement, including without limiting the foregoing, the Occupational Health and Safety Act (Ontario) and Regulations thereto, and any amending or successor legislation, including without limitation Bill 208, imposed or arising in connection with any work or services performed by either the Successful Respondent, subcontractors, or any other Respondents on or in connection with the project, or in connection with the Successful Respondent's duties, obligations or liabilities as the "constructor" of the project, with the meaning of such legislation, or arising in connection with any breach or any default by the Successful Respondent of any of its covenants, agreements, and obligations under this contract.

(4) Following a contract award, the bid deposits of the Unsuccessful Respondents will be returned to the applicable Respondent. Respondents can request that the Recreation Department return the bid deposit via courier to them. It is the responsibility of the Respondent to provide a courier account number for the Treasurer to use for the return of deposits.

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4.3.1 Bonding Requirements

(1) The Successful Respondent shall, no later than five (5) business days after receipt of “Notice of Award”, provide to the Township a Performance Bond in the amount of 50% of the Contract Price and a Labour and Materials Payment Bond in the amount of 50% of the Contract Price. These bonds must cover the faithful performance of the Contract, and/or the payment of all obligations under the Contract and shall be issued by a surety company licensed to do business in the province of Ontario. These bonds shall be maintained in good standing until the fulfillment of the contract.

(a) The bid deposit will be returned to the Successful Respondent within seventy-two (72) hours by the Township of Tyendinaga after the Recreation Department receives a Performance Bond and a Labour & Materials Payment Bond in the amount of 50% of the Contract Price.

(b) Where deficiencies involve seasonal work which must be postponed, sufficient funds will be retained from the contract amount to cover the cost of completing such deficiencies and the performance security returned to the Successful Respondent. Where contract funds are not available, the performance security may be reduced to the amount required to cover the correction of the deficiencies and the balance of the security returned to the Successful Respondent.

(c) It is the responsibility of the Successful Respondent to arrange the pickup of the bid deposit within reasonable time of notice.

(2) When it is deemed necessary, the Township of Tyendinaga has the right to require a liquidated damage clause for late performance.

(3) If the Successful Respondent fails to meet these requirements within the time stipulated by the tender contract, the Township of Tyendinaga retains the right to terminate the contract and use the bid deposit towards any damages.

4.4 Insurances (proof of standing Insurances shall be submitted with bid)

Respondents shall furnish, with the bid submission evidence of compliance with the requirements for each of the Insurances listed and indicated as follows:

(1) The Respondent must include a copy of a valid and current certificate of insurance with the bid for each insurance requirement stated in this tender section. The Successful Respondent(s) must continue to submit proof (e.g. original or a photocopy) of the insurance certificates to the Tyendinaga Township Recreation Department as requested.

(2) Before any work begins or a contract is signed, the Corporation of the Township of Tyendinaga 859 Melrose Road, Shannonville, ON K0K 3A0 must be named as an additional insured with respect to the tender contract, and the policy must contain a cross liability clause, and a thirty (30) day prior notice clause of any cancellation, non-renewal or material change in coverage, terms or conditions.

(3) A copy of a valid certificate must be provided for each year of a multi-year contract at least thirty (30) days before the anniversary date.

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4.4.1 Commercial General Liability Insurance

The policy shall name the Township of Tyendinaga as additional insured with limits of not less than Five Million ($5,000,000) Dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of not more than $2,500.00. The form of this insurance shall be maintained continuously from commencement of the work until the date of the final certificate of completion of the work and with respect to completed operations coverage for a period of not less than twenty four (24) months from the date of Final Certificate of Completion or work. The Township of Tyendinaga reserves the right to ask for higher limits of liability if the exposure so warrants. It is recommended that the three policies be written with the same company.

If the Successful Respondent fails to meet the requirements of this item within the time stipulated by the award of contract, the Township of Tyendinaga retains the right to terminate the contract and use the performance security towards damages.

4.4.2 Owned and Non-Owned Automobile Liability Policy

Automobile Vehicle Liability Insurance: In respect of licensed vehicles owned operated or hired shall have limits of not less than Two Million ($2,000,000) Dollars.

4.5 Workplace Safety Insurance Board (WSIB) (to be submitted with bid)

Respondents shall furnish, with their Bid evidence of compliance with requirements of the Worker's Compensation Act of the Province of Ontario in the form of a current WSIB Clearance Certificate and each Respondent and or subcontractor named in the bid submission agrees to the terms and condition as noted in tender section 4.5.

(1) The Respondent must be in good standing with the Workplace Safety and Insurance Board and shall furnish the Township of Tyendinaga with satisfactory evidence, in the form of a valid WSIB clearance certificate, with the bid and as required an updated certificate prior to commencement of the project and upon presentation of a final invoice and at any other time during the contract at the Township of Tyendinaga’s request.

(2) If the Respondent is a Sole Proprietor, an Independent Operators Ruling is required. The Respondent shall download the correct form from the WSIB website that corresponds to the classification of work for which this tender applies.

(3) The Successful Respondent with whom the Township of Tyendinaga wishes to contract warrants and represents that it shall comply with the relevant Worker's Compensation Board requirements during the performance of the tender requirements.

(4) The Successful Respondent agrees that safety in the workplace is accomplished by:(a) removal of, or safeguarding against, environmental health and physical hazards,(b) establishment of safe working practices,(c) provision of safety devices,(d) provision, use and maintenance of personal protective devices,

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(e) provision and participation in appropriate training compliance with the Occupational Health and Safety Act and Regulations.

4.6 Laws, Notices, Permits, Fees, Taxes and Duties

(1) The laws of the place of buildings and site shall govern the work. The Successful Respondent agrees and shall observe all such laws and shall obtain and/or pay all permits and building permits, licenses, notices, fees, taxes, duties, inspections and any other charges in connection with the work as may be required, as the bid accepted by the Township of Tyendinaga will be held to cover all such costs. Likewise, it is the responsibility of the Successful Respondent to comply with all Workers Compensation Insurance Board requirements, including payments due there under.

(2) If the Successful Respondent fails to notify the Township of Tyendinaga in writing and obtain its direction as required and performs any work knowing it to be contrary to any laws, by-laws, ordinances, rules, regulations, codes and orders of any corporation having jurisdiction, they shall be responsible for and shall correct any violations thereof and shall bear all costs, expense and damages attributable to their failure to comply with the provisions of such laws, by-laws, ordinances, rules, regulations, codes and orders.

(3) Regulation/Acts(a) The Successful Respondent shall comply with Ontario Regulation 644/88 -

Workplace Hazardous Materials Information System (WHMIS) and as amended wherever and whenever controlled products are used within the scope and duration of this contract.

(b) The Successful Respondent shall comply with the following Acts if nature of the contract falls into the listed category (but not limited to):(i) The Explosive Act(ii) The Food & Drug Act(iii) The Pest Control Product Act(iv) The Atomic Energy Control Act 1.9(v) The Residential Tenancies Act

(c) In accordance with the Residential Tenancies Act, access to premises of residents may only be gained by permission of the resident, or as necessary, upon the Township giving notice to the resident specifying the time of entry not less than twenty-four (24) hours prior to the time of entry.

(d) The Successful Respondents must schedule their site inspections and work accordingly and shall advise the Social Director not less than seventy-two (72) hours in advance of requested access to the premises.

4.7 Waiver

(1) At the time of the tender opening, if the bid submission is not inclusive of each of the required appendix forms the Social Director may choose to accept the bid submission. However, by submitting a bid submission, the Respondent agrees to provide each signed and dated appendix form required by this tender process upon request by the Social Director. Failure to comply will result in the bid submission being rejected.

(2) The Successful Respondent further agrees to provide each signed and dated appendix

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form and any insurance documents required by this tender within seventy-two (72) hours notification of recommendation. If the appendix forms or insurance documents (including WSIB) are not provided as stated in this section, the Recreation Department may waive the recommendation offer notice.

SECTION 5: BID SUBMISSION, WITHDRAWAL, MODIFICATION

5.1 Respondents Specific Instructions

(1) In issuing this tender, the Township of Tyendinaga is relying on the experience and expertise of the Respondent.

(2) It is the Respondent's responsibility to ensure that it has all the necessary information concerning the intent and requirements of this tender.

(3) Any change to this tender will be issued in writing as a formal addendum to all Respondents and may be posted to the Bids & Tenders electronic tender board system.

5.2 Instructions, Date and Time for Receiving Bids

(1) Bids shall be submitted before the closing date and time according to the tender instructions. If the bid submission is sent by courier or mailed, the bid submissions must be received by the Township of Tyendinaga only at the stated office/address and before closing time in order to be acceptable. Submitted bids will be on or solely and strictly the responsibility of the Respondent. Any bids received after the closing will not be accepted and returned to the Respondent unopened.

(2) The Township of Tyendinaga does not accept any liability or responsibility for inhibited or interrupted courier, mail, or other service, regardless of the postmark, weigh bill or other details.

(3) Respondents shall submit their bid by sending them pre-paid by courier/mail or by hand- delivery to the Township of Tyendinaga at the address set out in tender, page 1 “Summary of Instructions”.

(4) The Township of Tyendinaga may, for the purpose of convenience, request an electronic copy of their bid after the submission deadline. If there is any difference whatsoever between the electronic copy and the hard copy of the bid, as submitted, the hard copy shall govern.

(5) All unit prices must be clearly indicated, all extension and lump sum prices written in figures and taxes shown separately.

(6) Adjustments by mail, fax or e-mail to a bid already submitted will not be considered unless requested by the Township of Tyendinaga Recreation Department for clarification purposes.

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(7) Bids must not be restricted by adding any statements, or by a covering letter, or by alteration to the printed words of the tender as supplied unless otherwise provided herein.

5.3 Bid Submission Inclusions

(1) The Respondent's bid submission must include and be made on the forms supplied by Township of Tyendinaga for that purpose and must be clearly legible with all blanks filled in, using ink or type. Bids containing changes, erasures, overwriting, whiteouts, cross-outs, or strikeovers which are not initialed by the Respondent may not be accepted. If the Respondent is a corporation the name of the authorized contact person shall also be included.

(2) Prices in the Respondent's bid submission must include all costs necessary to complete the work in accordance with the tender document including customs and duties.

(3) The Respondent represents, warrants and confirms that no oral or written alterations or variations in the Respondent's bid submission and/or contract have been made by the Respondent and none shall be valid or binding upon Township of Tyendinaga unless authorized by Township of Tyendinaga in writing.

(4) Respondent's bid submission, which are qualified or subject to any conditions, limitations or restrictions may be rejected by the Township of Tyendinaga.

(5) The Respondent acknowledges that it is solely responsible for obtaining and reviewing all the tender documents and all addenda issued by the Township of Tyendinaga pertaining to the tender document.

(6) Each Respondent shall submit a bid that is comprehensive and should be submitted in the format in English and as prescribed herein.

(7) The Township of Tyendinaga may not consider bids if the Respondent has not indicated compliance to the tender terms, conditions, and work requirements.

(8) Bids must comply and include all mandatory requirements.

5.4 Respondent’s Authorized Signature

(1) The Respondent's bid submission must be signed by a person or persons authorized to sign and be binding on behalf of the Respondent and the same person or persons shall initial any erasures, overwriting or strikeouts within the Respondent's bid submission.

(2) The bid appendix forms must be signed, dated, and may be affixed with a corporate seal or witnessed by a responsible officer(s) of the Respondent and the company must be clearly identified.

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5.5 References

(1) A list of clients, particularly municipalities, government agencies and private sector, for whom you have provided similar work which is consistent with the scope of this tender.

(2) For each client listed please identify the contact person's name, title, telephone number, email address and your relationship with the contact, as well as any measurable results that were achieved.

(3) Respondents shall be required to submit three (3) references or four (4) if one is the Township of Tyendinaga to confirm their qualifications as described in this tender. Should any question, dispute or difference of opinion arise as to the qualification of any Respondent, it is to be understood that the decision of the Township of Tyendinaga shall be final and binding. Refer to tender appendix IV.

5.6 Tender Document

(1) In the event of any inconsistency or conflict in the tender document, the Respondent shall notify the Township of Tyendinaga prior to the closing time.

(2) The Respondent shall not take advantage of any apparent error or omission in the tender document. Any work not specified which is necessary for the proper performance and completion of any part of the work contemplated, which may be implied as included in the work, shall be done by the Respondent as if it had been specified and shall not be construed as a variation in the work to be done, and shall not be subject to any claim by the Respondent for additional compensation.

5.7 Withdrawal/Amendment of Bids

(1) A Respondent may withdraw its bid only by giving written notice before the submission deadline (closing date and time) to the Social Director who shall return, unopened, or make available for pick-up, a bid that has been withdrawn in accordance with this tender.

(2) Respondents may amend their bids after submission but only if the bid is amended and resubmitted before the tender submission deadline (closing date and time).

(3) Respondents may not withdraw their bid after the official closing date and time.

5.8 One Bid Per Respondent

A Respondent shall submit only one bid either individually or as a participant in a joint venture.No person or entity shall be a subcontractor of a Respondent while submitting a bid individually or as a participant in a joint venture in the same tender process. If a Respondent submits or participates in more than one bid the Township of Tyendinaga may, in its sole discretion, disqualify all of the bids submitted by the Respondent or in which the Respondent is a

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participant.

5.9 Consortium

(1) Where a Successful Respondent is a consortium and proposes a joint bid using third parties to fulfill any part or parts of the services, a full explanation of the arrangements must accompany the response.

(2) In such cases, it must clearly state who is responsible for the performance of the services. Invoices will only be accepted from this primary Respondent. The Township of Tyendinaga will, in all cases of dispute, deal only with this primary Respondent.

5.10 Currency and Applicable Taxes

(1) All prices quoted shall be quoted only in Canadian dollars.

(2) Price adjustments due to currency fluctuations, or any other reason, will not be accepted.

(3) Respondents must make provisions in their bid to cover the full cost of all applicable taxes (and as amended), permits, and fees. It is the Respondent's responsibility to obtain up-to-date directives.

SECTION 6: STANDARD TERMS AND CONDITIONS FOR GOODS AND SERVICES

In addition to tender sections 1-5, these standard terms and conditions govern this tender and Respondents agree to be bound by the terms and conditions set forth, except as may be amended by the Township of Tyendinaga in writing, or as identified in the tender or as specified in the contract, the Respondent certifies by submission of a bid.

6.1 Precedence of Documents and Interpretation

(1) Whenever the terms or initials "Township of Tyendinaga”, “Township” are used in the contract, they shall mean the Corporation of the Township of Tyendinaga for the purposes stated in the contract.

(2) Whenever words which have well known technical or trade meanings are used in the contract, they are used in accordance with such recognized meanings.

(3) Where the context requires, words in the singular in this tender submission form and all appendices shall include the plural.

6.2 Governing Law

This tender document, any addendum, the Successful Respondent's bid submission and the

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contract shall be governed and construed in accordance with the laws of the Province of Ontario.

6.2.1 Compliance with Laws

The Successful Respondent shall comply with all applicable laws and by-laws including without limitation, the Workplace Safety Insurance Act, the Occupational Health and Safety Act, and the Human Rights Code, as amended from time to time. Any breach or breaches of any applicable laws or by-laws, whether by the Successful Respondent or any of its subcontractors, may result in the immediate termination of the contract and the forfeiture of all sums owing to the Successful Respondent by the Township of Tyendinaga.

6.2.2 Legislative Enactments

The Successful Respondent shall comply with the requirements of all legislative enactments, regulations and orders that may apply to the requirements described herein.

6.3 Appropriate Funds

In the event that the Township of Tyendinaga is unable to appropriate the funds it requires to fulfill its obligations under any forthcoming contract, or any schedules attached thereto, the Township of Tyendinaga may terminate the agreement.

6.4 Property of the Township of Tyendinaga

All information, documents and material supplied to the Successful Respondent, its employees and those of any subcontractors are the property of the Township of Tyendinaga and shall be kept confidential by both the Successful Respondent and any subcontractors. Neither party shall disclose or divulge it to any other party without the prior written consent of the Township of Tyendinaga.

6.5 Annual Review (as applicable)

The Township of Tyendinaga reserves the right to conduct an annual review of any contract entered into pursuant to this tender. Such a review shall be conducted at the sole discretion of the Township of Tyendinaga at a time of its choosing.

6.6 Processing of Bids

(1) Upon receipt by the Township of Tyendinaga Recreation Department of a properly sealed and identified envelope delivered by or on behalf of a Respondent, Township of Tyendinaga staff will mark the envelope as to the time and date of receipt and the envelope will be retained unopened until the official opening of bids.

(2) The sealed envelopes containing bids will be opened in public unless other instructions

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are provided.

(3) The Township of Tyendinaga, Social Director may clarify any aspect of a bid with the Respondent at any time after the bid has been opened. Any such clarification will not alter the bid and will not be constituted as a negotiation or renegotiation of the bid. The Corporation of the Township of Tyendinaga is not required to clarify any part of a bid. Any clarification of a bid by a Respondent shall not be effective until confirmation has been delivered in writing.

(4) The Township of Tyendinaga retains the right to select any bid for purposes that are in the best interests of and for the best value for the Corporation and/or to select parts of various bids or to reject all bids for budgetary or other reasons that are considered in the best interests of and for the best value for the Township of Tyendinaga.

6.7 Establishing a Short-List, Interviews and Site Visits (if required)

(1) As required, interviews of short-listed Respondents (to be determined by the Township of Tyendinaga) will be carried out by the evaluation team or a sub-group of the evaluation team.

(2) The Township of Tyendinaga may, in its discretion, carry out site visits. Site visits will be carried out by the evaluation team or a sub-group of the evaluation team. As a matter of convenience, the Township of Tyendinaga may elect to conduct an interview and site visit on the same day.

6.8 The Township of Tyendinaga Discretionary Rights

(1) The Township of Tyendinaga reserves the right, in its sole and absolute discretion to:(a) Amend, supplement, or cancel the tender. The Township without liability

cost or penalty may in its sole discretion:(i) Alter any dates in the tender, as they relate to the tender process, at

any time prior to or after the closing date and time;(ii) Cancel this tender at any time, whether prior to or after the closing date and

time, and the Township may, but need not, in its sole discretion, issue a new tender;

(iii) Amend or supplement this tender at any time prior to the closing date and time.

(b) Deem a Respondent's bid submission to be unbalanced and may reject any and all Respondent's bid submission, which it so deems, and for this purpose, "unbalanced" shall include, without limitation, a Respondent's bid submission which does not reflect a realistic breakdown of the costs of each or any portion of the work;

(c) Adjust the totals in a Respondent's bid submission where there are errors in extensions, additions, or computations. In such cases, the unit prices shown shall govern;

(d) Reject any or all Respondent's bid submission, accept a Respondent's bid submission which is not the lowest price, reject a Respondent's bid submission

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even if it is the only one received by the Township of Tyendinaga; and cancel this tender at any time either before or after the receipt of any Respondent's bid submission, following which the Township of Tyendinaga may proceed as it determines in its sole discretion, including without limitation, negotiating with any one or more of the Respondents or any other person or entity for the performance of the work under such terms and conditions as the Township of Tyendinaga may decide in its sole discretion, or issuing a new tender submission on the same or modified terms, all without liability to itself;

(e) Award the contract in its entirety or in part, to one or more Respondents, if in doing so the best interests of the Township of Tyendinaga will be served;

(f) Inspect and have a demonstration of the goods and/or services offered prior to award of a contract and request evidence of experience, ability or financial standing;

(g) Waive formalities, technical defects, irregularities and omissions in a Respondent's bid submission and may accept a Respondent's bid submission, which does not comply with the formal requirements of the tender document, if in doing so the best interests of the Township of Tyendinaga will be served;

(h) Remove from the Township of Tyendinaga list of vendors, the name of any vendor for failure to accept a contract or for unsatisfactory performance or non-performance of a contract;

(i) Fully evaluate the Respondent's bid submission, which evaluation may include, without limitation, a review of references, past performance history, completion history (including extended completion dates), litigation history (including construction liens filed by subcontractors for non-payment) and claims history of the Respondent, and to reject a Respondent's bid submission if same is not satisfactory to the Township of Tyendinaga.

(j) Seek further information and/or clarification, including without limitation a detailed price breakdown, from any Respondent after the closing time, for the purposes of assisting the Township of Tyendinaga in interpreting and evaluating any Respondent's bid submission and in interpreting any inconsistencies which may appear in any Respondent's bid submission, and the Township of Tyendinaga shall have the right to consider and rely on such further information and clarifications in evaluating the Respondent’s submission and awarding the contract.

(2) Bid Acceptance and Significance of the Proposed Price Process

The Township of Tyendinaga will not necessarily accept the lowest priced bid or any bid. While price is an important element in the selection process, Respondents should recognize that there are other criteria in this tender that the Township of Tyendinaga will consider in evaluating bids and in making its decision as to the award of a contract.

The Township shall not be liable for any costs, expenses, loss or damage incurred, sustained or suffered by any respondent prior, or subsequent to, or by reason of the acceptance or the non-acceptance by the Township of any tender, or by reason of delay in acceptance of a tender, except as provided in the tender documents.

(3) Disclosure Issues, the Respondent, by submitting its bid, agrees that,

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(a) the Township may disclose,(i) the name and address of the Successful Respondent; and(ii) the unit prices of the Successful Respondent; to other Respondents and the

public;(iii) the name and address of every Respondent; and(iv) the volumes awarded to the Successful Respondent, to other Respondents

(as applicable).(b) The Respondent agrees that the Township of Tyendinaga may disclose all

information submitted in the Respondent's bid to other Township of Tyendinaga associates and representatives in the Province of Ontario.

(4) The Township of Tyendinaga may provide the bids to any person involved in the review and recommendation of the bids on behalf of the Township of Tyendinaga and the Township of Tyendinaga may,

(a) make copies of the bid; and(b) retain the original bid.

(5) The Township of Tyendinaga may disclose to the Government of Ontario any Respondent's information or information in respect of any contracts with service providers requested by the Government of Ontario.

(6) The Township may disclose any information with respect to the Respondent and their bid as required by the applicable law as defined in the general conditions of the contract.

6.9 Conflict of Interest

(1) By submission of a bid, the Respondent agrees to the following:(a) No person either natural or body corporate, other than the Respondent, has or

will have any interest or share in the bid or in the proposed contract, except as disclosed;

(b) The Respondent's bid submission is not made in collusion with any other Respondent making a bid submission for the same goods and services and is, in all respects, fair and without fraud;

(c) The Respondent has no knowledge of the contents of other bids and has made no comparison of figures or agreement or arrangement, express or implied, with any other party in connection with the making of the bid;

(d) The Respondent has no affiliation with any other firm providing professional services to the Township of Tyendinaga directly in relation to the tender;

(e) No member, officer or employee of the Township of Tyendinaga or Council has or will have an interest, directly or indirectly, in the performance of the contract, or in the supplies, work or business in connection with the said contract, or in any portion of the profits thereof, or in any monies to be derived there from, and

(f) Neither the Respondent, nor any employee of the Respondent shall have any direct or indirect interest in an entity which is making a bid or is providing service to another Respondent. Respondents chosen to participate in this tender process shall disclose prior to entering into an agreement any potential conflict of interest.

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If such conflict does exist, the Township of Tyendinaga may, at its discretion, withhold the award of a contract from the Respondent until the matter is resolved.

(2) The Respondent chosen to provide service to the tender shall continue to be bound by the foregoing prohibitions after the execution of a contract agreement.

(3) In the event of any inconsistency or conflict in the tender document, the Respondent shall notify the Township of Tyendinaga prior to the closing time.

(4) The Respondent shall not take advantage of any apparent error or omission in the tender document. Any work not specified which is necessary for the proper performance and completion of any part of the work contemplated, which may be implied as included in the work, shall be done by the Respondent as if it had been specified and shall not be construed as a variation in the work to be done, and shall not be subject to any claim by the Respondent for additional compensation.

6.10 No Obligation to Purchase

Nothing in this tender, receipt by the Township of Tyendinaga of a response to this tender, or subsequent negotiations by the Township of Tyendinaga of terms of a contract, shall in any way impose a legal obligation on the Township of Tyendinaga to sign a contract with any Respondent.

6.11 Delays and Costs of Delay

(1) The Township of Tyendinaga shall not be liable, in any way, to the Respondents for any delays, or costs associated with delays, in the tender process.

(2) The Township of Tyendinaga is not liable to pay such costs and expenses or to reimburse or compensate a Respondent under any circumstances, regardless of the conduct or outcome of the tender process.

(3) The Respondent shall not hold the Township of Tyendinaga liable for any error or omission in any part of the tender documents.

(4) The Township of Tyendinaga does not guarantee or warrant that the tender documents are accurate, comprehensive, or exhaustive.

6.12 Award

(1) The Township of Tyendinaga does not obligate itself to accept the lowest bid and reserves the right to reject any or all tenders.

(2) Bids will be evaluated on stipulated price, ability to commence work and complete work in accordance to the Township of Tyendinaga time schedule and evidence that the Respondent understands the complexity of the work described in the tender and proves to the Township of Tyendinaga their ability to provide the necessary skills and resources to fulfill the contract.

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(3) After the recommended Respondent provides all mandatory documentation requested in the tender and the contract authority receives the required recommendation approvals, the contract is deemed to be awarded on the date that the Township of Tyendinaga advises the recommended Respondent of such award.

(4) The Township of Tyendinaga will issue an agreement or purchase order which shall be acceptance of the bid and award of the contract to the Successful Respondent.

6.13 Contract

(1) The Contract shall consist of the documentation relative to the work, including the completed Successful Respondent's bid. Contract execution shall be deemed accomplished either by signing of an official agreement form or by the issuance and acceptance of a purchase order by the Township of Tyendinaga in the name of the Successful Respondent.

(2) The Successful Respondent shall, upon request by the Township, provide a cost breakdown within 72 hours of receiving the purchase order. If the Successful Respondent fails to provide this cost breakdown, the Township may at its option, consider that the Successful Respondent has abandoned the bid made and that acceptance, if any, by the Township shall be null and void.

(3) The scope of the work shall be as outlined in tender section 3. It is intended that the work so described is complete in that typographical errors or omissions will not impart a partial or incomplete aspect to the work. Any such situation should be brought to the immediate attention of the Township of Tyendinaga prior to close of the tender.

(4) The Successful Respondent shall provide a Notice of Project within 72 hours of receipt of a purchase order, for projects greater than $50,000 as stipulated by the Ministry of Labour. No payment on invoices submitted for the project shall be paid without the Notice of Project being attached to the invoice and the respondent’s cost breakdown.

6.14 Assignment of Contract or Proceeds of Contract

(1) The Successful Respondent shall keep the Contract under its control and shall not assign, transfer, convey or sublet any portion or proceeds of the Contract without first obtaining the written consent of the authorized representative of the Township of Tyendinaga.

(2) Only upon receipt of the required internal approvals and receipt of the required tender documentation from the recommended Respondent, will the Township of Tyendinaga Recreation Department issue a contract which shall be acceptance of the Successful Respondent's bid.

6.15 Joint Venture Bids (only Applies if No Exceptions Stated in Tender Section # 3)

(1) A Bid may be submitted by,

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(a) a single entity as the Respondent; or(b) a collection of entities or individuals as the Respondent (the "Joint Venture

Respondent").

(2) Each Joint Venture Respondent shall state, in its bid, the joint venture arrangements that form the basis on which the Joint Venture Respondent plans to carry out its obligations under the contract. Joint Venture Respondents shall not change their joint venture arrangements without the prior written approval of the Township of Tyendinaga.

(3) Each Joint Venture Respondent shall submit, as part of the documentation section of its bid, a written commitment, in the form of a letter duly executed by a responsible officer of each joint venture participant that,(a) confirms each joint venture participant's commitment to the joint venture and

acceptance of the joint venture arrangements described in the bid in accordance with this tender;

(b) confirms each joint venture participant's willingness to provide a joint and several guarantee to the Township of Tyendinaga to underwrite the performance of the joint venture in respect of the contract; and

(c) identifies which joint venture participant,(i) will assume the leading role on behalf of the other joint venture

participants; and,(ii) will have the authority to bind or commit all joint venture participants (the

"Participant in Charge").

(4) If the Successful Respondent is a Joint Venture Respondent and the contract is awarded to that Successful Respondent, the Township of Tyendinaga may require the Successful Respondent to incorporate a separate legal entity to enter into the contract with the Township of Tyendinaga. If any Joint Venture Respondent incorporates a separate legal entity, the Successful Respondent shall ensure that the separate legal entity has the full legal capacity to carry out its obligations under the contract and that it meets all requirements of law applicable to such an entity.

(5) If the contract is executed between the Township of Tyendinaga and a joint venture company, the parent companies of the entities forming the joint venture company shall jointly and severally guarantee the obligations of the joint venture company under the contract. The Township of Tyendinaga may, in its sole discretion, also require parent companies of the joint venture participants or joint venture Company to be parties to the contract.

6.16 Non-Sustainable Price

Notwithstanding anything else to the contrary in this tender, if the Township of Tyendinaga, in its sole discretion, acting reasonably, is of the opinion that a Respondent has submitted a price that is too low to be sustainable and to ensure the delivery of services in accordance with the tender, the Township of Tyendinaga may decline to award any contract to that Respondent.

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6.17 Anti- Collusion Clause

(1) Facilitating and reporting to the Social Director,

(a) The Social Director reserves the right, at its discretion, to report suspected collusive or anti-competitive conduct by any Respondent to the appropriate regulatory authority and to provide that authority with any relevant Respondents information.

(b) Warranty: The Respondent warrants that their bid has not been prepared with any consultation, communication, contract, arrangement or understanding with any competitor, other than:(i) where certain joint venture arrangements exist between the Respondent

and a competitor;(ii) where the Respondent and a competitor have an agreement that has

been authorized by the Social Director,; and(iii) where the Respondent has communicated with a competitor for the

purpose of subcontracting a portion of their bid, and where the communication with that competitor is limited to the information required to facilitate that particular subcontract, and

(iv) In such a situation the Respondent agrees to fully disclose the full nature and extent of any agreements with competitors to the tendering body. In the event that no such disclosure is made, the Respondent warrants that their bid has not been prepared with any consultation, communication, contract, arrangement or understanding with any competitor regarding: prices; methods, factors or formulas used to calculate prices; the intention or decision to submit, or not submit, a bid; the submission of a bid that is non-conforming; the quality, quantity, specifications or delivery particulars of the products or services to which this call for bids relates; and the terms of the bid.

(v) The Respondent acknowledges that if the Township of Tyendinaga accepts the Respondent's bid and completes any contract the Township will do so in reliance of this warranty.

(2) Disclosure of prior anti-competitive conduct(a) Respondent must complete and include appendix II with their bid. The Township

reserves the right, at its discretion, to exclude any Respondent from the procurement process if the Respondent, or any organization or person, including directors or senior managers associated with their bid submission have ever:(i) contravened the anti-competitive provisions of the relevant competition

laws or equivalent laws.(ii) if full disclosure of any or all contraventions of the anti-competitive

provisions of the relevant competition laws equivalent laws overseas has not been made.

6.18 Gratuity

(1) Should the Respondent give or offer any gratuity to or attempt to bribe any staff member of the Township of Tyendinaga, or to commit collusion or fraud, the Township of Tyendinaga shall be at liberty to reject the Respondent's bid submission or, if a

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contract has been awarded, terminate the contract forthwith, without liability to itself, and to rely upon the sureties as provided for.

(2) Neither the Respondent or any employee of the Respondent shall offer or receive any entertainment, gifts, gratuities, donations, discounts, fees, payment, commission, reward, special service, incentive, or other remuneration or compensation of any kind ("inducement"), regardless of value, to or from any employee of the Township of Tyendinaga, any consultant or Respondent employed by the Township of Tyendinaga, any real estate representative acting on behalf of the Township of Tyendinaga, or any vendor of goods or services to the project. The Respondent agrees to immediately inform the Township of Tyendinaga upon being offered any such inducement.

6.19 Notification of Changes of Respondent’s Structure

(1) During the tender process, Respondents shall notify the Social Director, in writing, of any proposed changes to its joint venture arrangements or ownership structure from the joint venture arrangements or ownership structure set out in the bid or, if applicable, in the Respondent's Prequalification Application and or Tender Appendix Forms.

(2) The Township of Tyendinaga may,(a) Approve the changes in the joint venture arrangements or ownership structure

of a Respondent; or(b) Reject the Respondents' or Successful Respondent's bid as a result of these

changes.

(3) The Township of Tyendinaga approval shall not be unreasonably withheld.

6.20 Bankruptcy and Insolvency Act

Subject to the provisions of the Bankruptcy and Insolvency Act or any successor legislation or any other applicable legislation, where, during the term of the contract, the Successful Respondent makes an assignment for the benefit of its creditors, or becomes bankrupt or insolvent, or undergoes reorganization, or makes a proposal to its creditors, or otherwise becomes financially unable to perform this contract, the Township of Tyendinaga may, at its option, declare the contract immediately terminated. Where the Township of Tyendinaga declares the contract immediately terminated, the Township of Tyendinaga shall be entitled to enter into a contract with another party without the consent of the Successful Respondent. The said declaration of immediate termination of the contract by the Township of Tyendinaga and the Township of Tyendinaga entering into a contract with another Respondent shall in no way prejudice any rights or remedies that the Township of Tyendinaga may have at law against the Successful Respondent.

6.21 Acceptance/Rejection of Goods and Services

The Township of Tyendinaga shall be entitled, in its sole and absolute discretion, to accept or reject goods or services which are substandard, defective, of inferior quality, or are otherwise

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not in accordance with the contract, as the best interests of the Township of Tyendinaga.

6.22 Force Majeure

In the event that performance of the contract in the reasonable opinion of either party is made impossible by an occurrence beyond the control of the party affected, then either party shall notify the other in writing. The Township of Tyendinaga shall either terminate the contract forthwith and without any further payments being made, or authorize the Successful Respondent to continue the performance of the contract with such adjustments as may be required by the occurrence in question and agreed upon by both parties. In the event that the parties cannot agree upon the aforementioned adjustments, it is agreed by the parties that the contract shall be terminated. Delays in or failure of performance by either party under the contract shall not constitute default hereunder or give rise to any claim for damages if caused by occurrences beyond the control of the party affected, including but not limited to, decrees of Governments, acts of God, fires, floods, riots, war, rebellion, sabotage, and atomic or nuclear incidents. Lack of finances, strikes, lockouts or other concerted acts by workers shall not be deemed to be a cause beyond a party's control.

6.23 Covenants and Indemnification

The Successful Respondent agrees:(1) To perform the contract in accordance with the documents under which the award is

made;

(2) To indemnify and hold harmless the Township of Tyendinaga, its officers, directors, agents, employees, Councilors, Chair and Board Members from and against all claims, costs, expenses, demands, losses, damages, actions, suits or proceedings, including all legal fees and disbursements, that arise out of, or are attributable to the acts or omissions of the vendor, its subcontractors, suppliers, agents, employees, officers, directors, and all other persons and other entities for whose acts the vendor may be liable or for whom it is responsible in law and their respective officers, directors, agents and employees.

(3) To indemnify and to save the Township of Tyendinaga, its officers, directors, agents, employees, Councilors, Chair and Board members harmless from liability of any kind for the use of any composition, secret process, invention, copyright, patent, intellectual property, article or appliance, furnished or used in the performance of the contract of which the vendor is not the owner, patentee, assignee, or licensee;

(4) To guarantee against defective goods and/or services and to replace any damaged or defective goods and/or services to the satisfaction of the Township of Tyendinaga;

(5) To furnish adequate protection from damage for all work and to repair damage of any kind, for which it and its employees are responsible; and

(6) To pay for all permits, licenses, approvals, and inspections, and to give all notices and

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comply with all by-laws and regulations of the Township of Tyendinaga. For greater certainty, and without limiting the intent of any other terms of the contract, the obligations of the Successful Respondent in tender section 4.6 shall survive the expiry or other termination of the contract.

6.24 Guarantees, Warranties and Deficiencies

(1) All work shall be done in a good workmanship like manner. All materials, goods and services must meet the specifications. The Successful Respondent warrants and guarantees that all materials, goods; services and workmanship will be free from defects and fit for the purpose intended by the Township of Tyendinaga. All goods delivered by the Respondent must be new, in good working order and of the latest model possessing, all the accessories standard to the manufacturer's stock model. The goods and/or services must be covered by written guarantees and warranties acceptable to the Township of Tyendinaga. The warranties set out herein and any other warranties provided to the Township of Tyendinaga by the Successful Respondent as part of the contract are and shall be in addition to all other warranties to which the Township of Tyendinaga may be entitled in law and in equity.(a) Warrant this work covering both labour and material for a period of one year

(except where noted otherwise) from the date of completion to the satisfaction of the Recreation Department. Extend the warranty on replaced parts and workmanship for a period of one year from the date of acceptance of the replacement parts and/or workmanship.

(b) This warranty is not to limit extended warranties on any items of equipment or material called for elsewhere in the specifications.

(c) Correct at their own expense any defects in the work due to faulty workmanship appearing within a period of two years from the date of completion of the total work.

(2) Installations or details noted as deficient during final inspection must be repaired and corrected by the Successful Respondent within five working days. Full payment will not be made until all deficiencies are corrected.

6.25 Damage Claims

The Successful Respondent shall be liable for the costs of all damages caused by it, its subcontractors, suppliers, agents, employees, workers, persons employed by it, officers, directors and all other persons and other entities for whose acts the Successful Respondent may be liable or for whom it is responsible in law, arising from the execution of the work, by reasons including, without limitation, the existence, location, condition of work, or any materials, plant or machinery used thereon or therein, or which may happen by reason of its failure or the failure for those for whom it is responsible, to do or perform any or all of the several acts or things required to be done by them under the contract, and shall indemnify and save the Township of Tyendinaga, its officers, directors, agents, employees, Councilors, Chair and Board members harmless from any claims arising thereby, including but not limited to costs of rectification incurred by the Township of Tyendinaga and any legal costs in connection

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therewith on a solicitor and client basis.

6.26 Liquidated Damages

If the Successful Respondent fails; neglects or refuses at any time to supply all goods or services to the Township of Tyendinaga as specified within the contract, or fails, neglects or refuses to replace goods or services rejected by the Township of Tyendinaga. The Township of Tyendinaga shall be and is hereby empowered forthwith to procure such material elsewhere and to charge all costs for goods or services thereby incurred by it to the Successful Respondent as liquidated damages and to deduct the same from the monies due, or to become due to the Successful Respondent on any other contract, or to collect such costs from the vendor by any other method permitted by law.

6.26.1 Right to Retain Monies

The Township of Tyendinaga shall have the right to retain, out of monies payable to the Successful Respondent under the contract the total amount outstanding from time to time of all claims arising out of the default of the vendor in any of its obligations to the Township of Tyendinaga, whether pursuant to this or any other contract between the Successful Respondent and the Township of Tyendinaga which has not been settled by the Successful Respondent or its insurers. For the purposes of this paragraph, a claim by the Successful Respondent has been settled if payment has been made to and accepted by the claimant and a complete release obtained from it, or the claim has been fully investigated and a complete denial of liability has been made to and accepted by the claimant.

6.27 Confidential Information/Ownership and Disclosure of Vendor Submissions

(1) The Successful Respondent shall not divulge or disclose any information, documents or data communicated to or acquired by the Respondent in the course of performing the work without the prior written consent of the Township of Tyendinaga, which consent may be unreasonably withheld. No such information, documents or data shall be used by the Successful Respondent for any purpose other than for the purpose of performing the work, without the prior written consent of the Township of Tyendinaga, which consent may not be unreasonably withheld.

(2) The Successful Respondent's bid submission, along with all correspondence, documentation and information provided to the Township of Tyendinaga by any Respondent in connection with or arising out of the Successful Respondent's bid submission, once received by the Township of Tyendinaga:(a) Shall become the property of the Township of Tyendinaga and may be

appended to any agreement and/or purchase order with the Successful Respondent;

(b) Shall become subject to the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA") and may be disclosed pursuant to that legislation. Respondents must identify in their bid submission any scientific, technical, proprietary, commercial, or other confidential information, the disclosure of

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which could cause them injury.(c) In purchases where a public opening of bid submissions will be taking place, the

name of each Respondent and the lump sum price contained in their bid submission shall be read out by the Recreation Department at the public opening.

(d) Information regarding the Successful Respondent's bid submission, including names of Respondents, lump sum price and the annual or overall value of the contract, may be reported in public reports as applicable, and discussed at meetings that are open to the public.

6.28 Notice

(1) Any notice, direction, request or document required or permitted to be given by either party to the other shall be deemed to have been sufficiently and effectually given if delivered, emailed or mailed by prepaid registered post, or equivalent, or sent by fax, or email to the address and number shown in the Successful Respondent's bid submission or to such other address or number of which either party hereto may from time to time notify the other in the manner set out in this paragraph.

(2) If any such notice, direction, request, document or payment is so given, it shall be conclusively deemed to have been given and received on the date of delivery if delivered, on the next business day if transmitted by fax, and on the fifth calendar day following the mailing thereof, if sent by mail as aforesaid

6.29 Disqualification - The Township of Tyendinaga Rights

(1) The Township of Tyendinaga may, without liability, cost or penalty, in its sole discretion, disqualify a bid or cancel its decision to make an award under this tender, at any time prior to the execution of the contract by the Township of Tyendinaga, if,(a) the bid is determined to be non-compliant;(b) the Respondent fails to cooperate in any attempt by the Township of Tyendinaga

to verify any information provided by the Respondent in its bid;(c) the Respondent contravenes work described in Section 3;(d) the Respondent fails to comply with the laws of the Province of Ontario or of

Canada, as applicable to the requirements of the tender;(e) the Respondent misrepresents any information and if the bid contains false or

misleading information;(f) there is evidence that the Respondent, its employees, agents, consultants or

representatives colluded with one or more other Respondents or any of its or their respective employees, agents, consultants or representatives in the preparation or submission of bids;

(g) the Respondent has breached any agreement with the Township of Tyendinaga;(h) the Respondent has been convicted of an offence in connection with, or any

services rendered to the Township of Tyendinaga or any Ministry, Agency, Board or Commission of the Government of Ontario;

(i) the Respondent has breached an agreement for services similar to the ones requested under this tender; or

(j) the Respondent has been convicted of a criminal offence within the last three

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years.

(2) If, in the sole discretion of the Township of Tyendinaga, if a bid does not comply with the requirements set out in the tender documents, the Township of Tyendinaga shall, without liability, cost or penalty, eliminate the bid and the bid shall not be given any further consideration. For purposes of this tender "comply" and "compliance" mean that the bid conforms to the requirements of the tender documents without material deviation or reservation. A "material deviation or reservation" is one,(a) that affects in any substantial way the scope, quality or performance of the

services under the agreement arising from the tender process; or(b) that results in a material component of a requirement set out in the tender

documents not being complied with.

(3) The Respondent's submission of a poor-quality bid shall be considered a failure to comply.

(4) The Township of Tyendinaga shall consider the Respondent's complete omission of any section of the bid a failure to comply.

(5) For the purpose of clarity, each Respondent acknowledges and agrees that the Township of Tyendinaga evaluation of compliance with the tender documents is not an evaluation of absolute compliance and that the Township of Tyendinaga may waive failures to comply that, in the Township of Tyendinaga sole discretion, do not constitute a material deviation or reservation in accordance with tender section 3.

6.30 Termination, Severability

(1) Termination

(a) The contract may be terminated without notice by the Township of Tyendinaga should the Successful Respondent fail to comply with one or more of the contract terms. In addition to cancelling the contract, the Township of Tyendinaga shall be entitled to pursue any remedies to which it is entitled in law or equity for damages suffered as a result of the vendor's breach.

(b) Where there is a question of non-performance, payment in whole or in part may be withheld at the discretion of the Township of Tyendinaga.

(2) Severability

In the event that any provision of the contract is held invalid, illegal or unenforceable, the remaining provisions of the contract will not be affected and shall continue in full force and effect.

6.30.1 Remedies

(1) The rights and remedies of the Township of Tyendinaga as set forth in any provision of the contract shall not be exclusive and are in addition to any other rights or remedies provided by law or in equity.

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(2) The exercise of any remedy provided by the contract does not relieve the Successful Respondent or its sureties from any liability under the contract.

(3) The Township of Tyendinaga may take such steps as it considers necessary to remedy any breach of the contract and any damages or expenditures thereby incurred by the Township of Tyendinaga plus a reasonable allowance for overhead may be collected in any manner provided for in the contract or otherwise available in law.

(4) The failure of either the Township of Tyendinaga or the Successful Respondent to insist upon strict performance of any provisions of the contract shall not be construed as a waiver or relinquishment of the right to insist upon strict performance of such provisions on any future occasion.

6.31 No Additional Payment for Increased Costs

The amount payable to the Successful Respondent under the contract will not be increased or decreased by reason of any increase or decrease in the cost of the work brought about by any increase or decrease in the cost of plant equipment, labour, materials or wage rates.

6.32 Taking the Work Out of the Successful Respondent’s Hands

(1) The Township of Tyendinaga may, without any notification, take all or part of the work out of the Successful Respondent's hands and may employ such means as it may see fit to complete the work, including the use of performance security when applicable, in any of the following cases, namely, where the Successful Respondent:

(a) has made default or has delayed in commencing or in diligently executing the work or any portion thereof to the satisfaction of the person designated on the contract order, and the Township of Tyendinaga has given notice thereof to the Successful Respondent, and has by such notice required the Successful Respondent to put an end to such default or delay, and such default or delay continues for seven (7) days after such notice was communicated.

(b) has made default in the completion of the work, or any portion thereof, within the time limit for such completion by the contract.(i) has become insolvent,(ii) has committed an act of bankruptcy,(iii) has abandoned the work,(iv) made an assignment of the contract without the required consent of The

Township of Tyendinaga; or(v) has otherwise failed to observe or perform any of the provisions of the

contract.

(2) Where the work or any portion thereof has been taken out of the Successful Respondent's hands, the Successful Respondent will not be entitled to any further payment, including payments then due and payable but not paid, and the obligation of the Township of Tyendinaga to make payments shall be at an end, and the Successful Respondent shall be liable upon demand therefore to pay the Township of Tyendinaga

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an amount equal to all loss and damage suffered by reason of the non-completion of the work by the Successful Respondent.

(3) Where the work or any portion thereof has been taken out of the Successful Respondent hands and that portion is subsequently completed by the Surety, or by the County, the Township of Tyendinaga will determine the amount, if any, of the holdback and progress claims of the Successful Respondent unpaid at the time of taking the work out of their hands that in the Township of Tyendinaga opinion is not required for the purposes of the contract and the Township of Tyendinaga may, if it is of the opinion that no financial prejudice will result, pay that amount to the Successful Respondent.

(4) The taking of the work, or any portion thereof, out of the Successful Respondent's hands does not operate so as to relieve or discharge the Successful Respondent from any obligations under the contract or imposed upon him by law, except the obligation to complete the physical execution of that portion of work so taken out of their hands.

6.33 Accessibility Standards for Customer Service

Effective June 3, 2011, the Government of Ontario enacted the finalized Integrated Accessibility Standards Regulation (IASR) under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). This regulation harmonizes three accessibility standards that support implementation of the AODA in the areas of information and communications, employment and transportation. The regulation also includes general requirements for all areas including the development of accessibility policies and plans, training for employees and volunteers, and accessibility in the context of purchasing goods and services.A notable revision made to the finalized regulation from the previous proposed version is a requirement for employee and volunteer training on the Ontario Human Rights Code as well as the IASR requirements.Requirements under the IASR will be phased in across the province between 2011 and 2021. The regulation applies to public, private and not-for-profit businesses and organizations that:• Provide goods, services or facilities either directly to the public or to other businesses and organizations, and• Have at least one employee in Ontario.This enactment marks the final step in the development of the harmonized accessibility standards. The harmonization process included two public review periods, during which the public was invited to provide the Ministry of Community and Social Services (MCSS) with feedback on the proposed regulation.For more information about the Integrated Accessibility Standards Regulation and the AODA, please visit the MCSS website at www.mcss.gov.on.ca

Contract employees, third party employees, agents and others who deal with members of the public on behalf of the Township must meet the requirements of Ontario Regulation 429/07 with regard to training. If a training policy is not yet in place, please go to the link on previous page, and search for complete training module and provide a copy of the certificate to the Township Recreation Department.

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6.34 Construction Act

(1) For the purpose of the Construction Lien Act, 1990, the Payment Certifier shall be the Township of Tyendinaga, or any person the Township may designate from time to time as required by the Construction Lien Act, 1990, who shall:(a) Determine and certify substantial performance; and(b) Determine completion

(2) The Township of Tyendinaga will make payments to the Successful Respondent as follows:(a) 90% of the invoiced amount submitted by the Successful Respondent to the Township

of Tyendinaga prior to substantial performance and not more frequently than monthly for completed portions of the work and services performed to the satisfaction of the payment certifier.

(b) 10% of the amounts invoiced prior to substantial performance and held back pursuant to the Construction Lien Act, 1990, within a reasonable time after the expiration of the applicable lien period following the date of publication of the certificate of substantial performance if there are no claims outstanding pursuant to the Construction Lien Act, 1990, and the work and services performed are to the satisfaction of the payment certifier.

(c) Any further amount due under this contract upon completion of the contract to the satisfaction of the payment certifier, subject to any holdback for deficiencies and as required by the Construction Lien Act, 1990.

(d) The Successful Respondent shall, where applicable, obtain an inspection certificate for any installation which is part of the work from the Federal, Provincial or Municipal Corporation responsible for the issuance thereof and the Successful Respondent shall obtain and deliver such certification to the Township before receiving final payment. Final payment and the release of holdback will be made in accordance with the latest requirements of the Construction Lien Act, 60 days after the work is certified.

6.35 Vendor Performance

The Township may, in its sole discretion, reject a Proposal if a Respondent:

(1) Has at any time, threatened, commenced, or engaged in legal claims or litigation against the Township.

(2) Is involved in a claim or litigation initiated by the Township.

(3) Previously provided Goods or Services to the Township in an unsatisfactory manner.

(4) Has failed to satisfy an outstanding debt to the Township.

(5) Has a history of illegitimate, frivolous, unreasonable, or invalid claims.

(6) Provides incomplete, unrepresentative, or unreasonable or invalid claims.

(7) Has engaged in conduct that leads the Township to determine that it would not be in the

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Township’s best interests to accept the Proposal.

6.36 Application for Payment

(1) Prior to payment, the Successful Respondent must submit to the Recreation Department, a statutory declaration declaring that all liabilities incurred by the Successful Respondent and the Successful Respondent’s sub-trades in carrying out the contract have been discharged.

(2) Depending on the size and the extent of the work, the Recreation Department Social Director or designate may certify partial payment for the completion of various work phases. In general, such partial payment will be considered where the work requires more than one month to complete or where conditions beyond the Successful Respondent’s control may prevent total completion of the work within a one-month period. Additionally, consideration of partial payment will be given where material delivery to the work site has been accomplished ahead of schedule in order to avoid a contract delay due to predicted material supply shortages. Any such partial payment shall not exceed the value of the work completed to date and/or the materials delivered to date.

(3) Application for Payment & Invoicing(a) All invoices are to be sent to the Recreation Department; Attn: Social Director, Annie

Manion at 859 Melrose Road, Shannonville, ON K0K 3A0(b) Payment process will be determined by the Recreation Department.(c) Cost of the Harmonized Sales Tax (HST) must be shown separately on all invoices.(d) HST exemptions must be detailed and credits listed on the invoice.(e) HST registration number MUST be shown on all invoices.(f) Invoices must include:

(i) The purchase order number.(ii) The Successful Respondent’s company name, address, contact person, phone

number.(iii) Date invoice issued and invoice reference number.

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APPENDIX I: TENDER SUBMISSION FORM - PART ONE

Tyendinaga Township Recreation Department

TENDER No.

02-2020

Closing Date

July 3rd, 2020

Time2:00 PM

Local Time

Submitted to: Township of Tyendinaga Recreation 859 Melrose Road, ShannonvilleK0K 3A0

Work Description:

Removal and Replacement of Roof at 363 McFarlane Road and 852 Melrose Road

Work Location: Roof Replacement 363 McFarlane Road, 852 Melrose Road, Shannonville

1. I offer to perform the work strictly as required by the tender documents with appendices and addenda numbered:

within days/weeks of the date of receipt of the award.

Respondents Available Project Date__________ _____________ __________ to _______ __________ __________ Day Month Year Day Month Year

2. Bid Deposit $ _____________________________________________________________(excluding tax).

3. Irrevocable Offer: The proposal shall be valid for sixty (60) days from date of tender closing.

4. I have examined the tender documents, addendum(s) and have visited the site prior to preparing this tender.

5. I have set out any information on subcontractors required by the tender documents, any unit prices, any separate prices and any alternatives in the appendices attached to and forming part of this tender.

6. I certify that:a) I am not party or privy to any deceit to mislead the Township of Tyendinaga into

accepting this tender as a truly competitive tender whether to the prejudice, injury or benefit of the Township of Tyendinaga.

b) The prices contained in this tender are quoted in good faith without any collusive arrangement with any other person or entity;

c) No other person or entity has any interest in this tender or the contract which may arise there from;

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d) I have no financial interest in any other entity which;i) is or has rendered goods or services to the Township of Tyendinaga ii) is submitting a tender for this Work;except for the following:________________________________________________________________

Print Company Full Name: (Apply Corporate Seal if Respondent is a Corporation)

Address/ City/ Province/Postal Code:

Name and Title of Signing Authority: E-mail Address:

Signature: Date:

Telephone #: Fax #:

DOCUMENT MUST BE SIGNED TO BE VALID & SUBMITTED WITH PROPOSAL

APPENDIX I: TENDER SUBMISSION FORM — PART TWO

TENDER NUMBER: T # 02-2020PROJECT NAME: Removal and Replacement of Roofs at 363 McFarlane Road & 852 Melrose Road

This appendix forms part of the tender process and shall be included with the proposal submission and must be signed and dated below. Failure to submit appendix "I" tender submission form may result in disqualification of the proposal at the sole discretion of the Township of Tyendinaga.

NOTE:Total cost to be entered on tender submission form (Part One). The Township of Tyendinaga reserves the right to add or delete any work, based on the unit prices given, subject to availability of funds. The Township of Tyendinaga will not be responsible for any costs or losses in the preparation of this tender. It is the Respondent’s responsibility to visit each unit to ensure that all conditions and measurements that exist will be taken into consideration and shall be included into the total price.

DESCRIPTION COST per SQ. FT. (HST excluded)

Unit Cost to remove and replace 4’x8’ Plywood Decking (if required)

DOCUMENT MUST BE SIGNED TO BE VALID & SUBMITTED WITH PROPOSAL

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RESPONDENT’S NAME:

Authorized Signature: Date:

APPENDIX II: CERTIFICATE OF INDEPENDENT PROPOSAL

TENDER NUMBER: T # 02-2020PROJECT NAME: Removal and Replacement of Roofs at 363 McFarlane Road & 852 Melrose Road

I, the undersigned, in submitting the accompanying proposal to the Corporation of the Township of Tyendinaga in reference to the above project and in response to the call or request for tender submissions made by:

(NAME OF PROPOSAL AUTHORITY)My/Our proposal submission will remain open for acceptance for a period of sixty (60) business days after opening of the proposal(s) and the Corporation of the Township of Tyendinaga may at any time within this period accept our proposal submission. I do hereby make the following statements that I certify to be true and complete in every respect:I certify, on behalf of:

(CORPORATE NAME OF RESPONDENT)

The undersigned has read and understands the scope of work and specifications, agrees to comply with all of the terms and conditions, has disclosed all relevant facts, and agrees to supply the product or service for the prices and according to the timelines specified. These terms, conditions and prices have been arrived at independently, and are in all respects fair and without collusion. This sheet must be signed by someone with the authority to bind the Respondent.

This is to certify that neither the above named Respondent nor any of its officers, partners, agents, representatives, Township of Tyendinaga employees or parties in interest, has in anyway colluded, conspired, connived or agreed, directly or indirectly, with any other proposer, firm or person to submit a collusive or sham proposal in connection with the tender for which the attached proposal has been submitted or to refrain from proposing in connection with such tender, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any Respondent, firm or person to fix the price or prices in the attached proposal of any other proposer, or to fix any overhead, profit or cost element of the proposal price of any other proposer, or to secure through any collusion, conspiracy, connivance of unlawful agreement any advantage against the Township of Tyendinaga or any person interested in the proposed contract; and the price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, Township of Tyendinaga employees, or parties in interest.This is to certify:

1. I understand that the accompanying proposal will be disqualified if this certificate is found not to be true and complete in every respect.

2. I am authorized by the Respondent to sign this certificate, and to submit the accompanying proposal, on behalf of the Respondent;

3. Each person whose signature appears on the accompanying proposal has been authorized by the Respondent to determine the terms of, and to sign, the proposal, on behalf of the Respondent;

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4. To the best of my/our knowledge and belief:(a) the information provided in our proposal submission is correct.(b) our proposal submission is made without any connection, comparison of

figures or arrangement with or knowledge of any other corporation, firm or person submitting a proposal for the same work and is in all respects fair and without collusion or fraud.

(c) no member of the council and no officer or employee of the Corporation of the Township of Tyendinaga, will be, or has, become interested, directly or indirectly, as a contracting party, partner, stockholder, surety or otherwise in, or in the performance of the contract, or in the supplies, work, or business to which it relates, or in any portion of the profits thereof, or in any of the money to be derived there from.

(d) there is not nor was there any actual or perceived unfair advantage or conflict of interest in our proposal submission or our performing of or observing the contractual obligations of the Respondent as set out in the tender.

5. Except as expressly and specifically permitted in the instructions to Respondents, no Respondent shall have any claim for any compensation of any kind whatsoever, as a result of participating in this tender, and by submitting a proposal each Respondent shall be deemed to have agreed that it has no such claim.

6. For the purpose of this certificate and the accompanying proposal, I understand that the word “competitor” shall include any individual or organization, other than the Respondent, whether or not affiliated with the Respondent, who:

(a) Has been requested to submit a proposal in response to this call for proposals;(b) Could potentially submit a proposal in response to this call for proposals, based on their

qualifications, abilities or experience.7. I/we shall provide all services as set forth in the tender, and that it will not delegate or

subcontract any responsibilities without the prior written permission of the Corporation of the Township of Tyendinaga.

8. All communications, including requests for information, must be between only the authorized representative of the Township and each proposal official who has been authorized and designated for that particular purpose. Apart from the communications between and among the designated representatives, there must be no communication between any other Township staff and any other representatives of the Respondent, and no giving of information with respect to the tender processes and the final contract.

9. Any attempt on the part of any proposal official, or any of its employees, agents, vendors, or representatives to contact any persons other than the designated representatives with respect to the tender or any violation of the above requirements will be grounds for disqualification.

10. The Township may, at its discretion, in addition to any other rights or remedies available at law, reject any potential or actual submission or proposal submitted by that Respondent.

11. Respondents must accept and agree to observe the contents of this “Certificate of Independent Proposal” by the established process, inform their staff thereof, and ensure their compliance.

12. I warrant that the company is licensed to do business in the Township of Tyendinaga, Ontario.13. The undersigned has received the following Addenda #’s: 1, 2, 3, 4 , and are included in this

proposal submission. OR

The undersigned agrees to comply with the following exceptions:

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PAGE REF#

SECTION # SECTION TITLE RESPONDENT's EXCEPTION RESPONSE

NOTE: if additional space is required, attach a separate sheet.

This certificate must be signed by a person who has the authority to bind the Respondent. The undersigned accepts the terms of this tender:

Legal Company Name of Respondent:

Type of Legal Entity:

Street Address/P.O. Box #: Town/ City, Province, Postal Code:

Name (please print): Title:

Telephone number: Fax number:

E-mail address:

Signature of Authorized Signing Officer: Date:

DOCUMENT MUST BE SIGNED TO BE VALID & SUBMITTED WITH BID

APPENDIX III: SUBCONTRACTORS

TENDER NUMBER: T # 02-2020PROJECT NAME: Removal and Replacement of Roofs at 363 McFarlane Road & 852 Melrose Road

LIST OF SUBCONTRACTORS:

YES ____ The following are the subcontractors I intend to use for the division or section of the work

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listed therewith: OR

NO _____ I DO NOT INTEND TO USE ANY SUBCONTRACTORS FOR THIS TENDER

Name, Address & Telephone Number of Subcontractor Division or Section of Work Location

1.

2.

3.

4.

RESPONDENT’S COMPANY NAME:

Representative:

Authorized Signature:

Date:

DOCUMENT MUST BE SIGNED TO BE VALID & SUBMITTED WITH BID

APPENDIX IV: WORK PERFORMANCE REFERENCES

TENDER NUMBER: T # 02-2020Each Respondent is requested to provide 3 references from clients who have obtained similar services and or work from the Respondent in the last 5 years. Four (4) references will be required if one of the references is the Township of Tyendinaga.

Reference # 1:Company Name:

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Company Address:

Contact Name:

Contact Telephone #: Contact Email:

Type of Work Performed: Date Work Performed:

Reference # 2:Company Name:

Company Address:

Contact Name:

Contact Telephone #: Contact Email:

Type of Work Performed: Date Work Performed:

Reference # 3Company Name:

Company Address:

Contact Name:

Contact Telephone #: Contact Email:

Type of Work Performed: Date Work Performed:

Reference # 4Company Name:

Company Address:

Contact Name:

Contact Telephone #: Contact Email:

Type of Work Performed: Date Work Performed:

NOTE: With the provision of the references the Respondent consents to allow An authorized person of The Corporation of the Township of Tyendinaga to Contact References

RESPONDENT’S COMPANY NAME:

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Representative:

Authorized Signature: Date:DOCUMENT MUST BE SIGNED TO BE VALID & SUBMITTED WITH BID

APPENDIX V: HEALTH AND SAFETY DECLARATION

TENDER NUMBER: T # 02-2020PROJECT NAME: Removal and Replacement of Roofs 363 McFarlane Road & 852 Melrose Road

CONFIRMATION OF FAVOURABLE HEALTH AND SAFETY PRACTICE FORM

The Corporation of the Township of Tyendinaga (the Township of Tyendinaga) is committed to:(1) The prevention of workplace injury, illness, violence and harassment to all workers at Township

of Tyendinaga work locations.(2) The belief that 'Respondent' safety is compatible with the safety policy of the Township

of Tyendinaga and is good business.(3) Assuming a leadership role by citing Respondents for any violations of the contract.

To ensure the Township of Tyendinaga workplace is a healthy and safe working environment, the above named Company, Respondents, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act (and as amended) and any other legislation pertaining to employee health and safety, violence and harassment in the workplace and other matters.For long term contracts, or contracts involving pre-selected Respondents, the Township of Tyendinaga reserves the right to cancel (or place on probation) the contract of any Respondent who is sited with violations and/or charged and/or convicted of offences under the Occupational Health and Safety Act and/or applicable regulations while carrying out any part of a project with the Township of Tyendinaga.

Statement of Responsibility:If the named Company (below) is retained to perform work for The Corporation of The Township of Tyendinaga

I/we accept the following health and safety responsibilities:I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Township of Tyendinaga safety policies, standards and procedures, department and site-specific policies, standards and procedures and all applicable legislation and regulations.

I/we will work safely with skill and care to prevent accidental injury, violence and harassment to ourselves, fellow employees and all other persons on the site of the work.For contracts or sub-contracts that involve commercial motor vehicles as defined by the Highway Traffic Act,

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I/we acknowledge possession of a current Carrier CVOR abstract with one of the following safety ratings: Excellent; Satisfactory; Conditional; or Satisfactory- Unaudited.

I/we will advise the Township of Tyendinaga if the CVOR safety rating of our firm is changed to "Unsatisfactory" at any time during the course of the contract and, upon request, will provide the Municipality with a copy of the most recent Carrier CVOR abstract indicating the sanctions imposed by the Ministry of Transportation.

RESPONDENT’S COMPANY NAME:

Representative:

Authorized Signature:

Date:

DOCUMENT MUST BE SIGNED TO BE VALID & SUBMITTED WITH BID

APPENDIX VI: ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005

TENDER NUMBER: T # 02-2020PROJECT NAME: Removal and Replacement of Roofs at 363 McFarlane Road & 852 Melrose Road

The Respondent certifies that it has read and understands this Appendix. Respondents shall make themselves aware of the AODA provisions. The Successful Respondent shall comply with the AODA during the term of the contract and while providing services or delivering goods, products, or materials to the Township of Tyendinaga.

The Accessibility Standards for Customer Service, Ontario Regulation 429/07 was created under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA).The Standard sets out obligations for certain persons, businesses, and other organizations to provide goods or services in a way that is accessible to people with disabilities in Ontario.The Standard applies to:

Designated public sector organizations (compliance deadline 1st January 2021); and Every other person or organization that provides goods or services to the public or

to other organizations (third parties) and that has one or more employees in Ontario (compliance deadline 1St January 2021).

Principles - Dignity, Independence, Integration, EqualityThe Corporation of The Township of Tyendinaga is obligated by legislation to provide accessible customer service and is committed to creating an excellent customer experience to all our stakeholders.

The Respondent agrees that if deemed the Successful Respondent:Prior to the commencement of any work under agreement with our municipality that the Successful Respondent shall declare that it has read, understands and complies with the Accessible Customer

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Service, Ontario Regulation 429/07.The Township of Tyendinaga thanks you in advance for joining us in providing excellent Accessible Customer Service throughout our community.For further details please refer to the Ministry of Community and Social Services website or AccessON.ca for details.

RESPONDENT’S COMPANY NAME:

Representative:

Authorized Signature:

Date:

DOCUMENT MUST BE SIGNED TO BE VALID & SUBMITTED WITH BID

APPENDIX VII: NOTICE OF "NO RESPONSE" (OPTIONAL)

TENDER NUMBER: T # 02-2020PROJECT NAME: Removal and Replacement of Roofs at 363 McFarlane Road & 852 Melrose Road

PLEASE READ THIS:

It is important to the Township to receive a reply from all invited Respondents. There is no obligation to submit a proposal, however, should you choose not to, completion of this form will assist the Township in determining the type of goods or services you are interested in the future.

INSTRUCTIONS:If you are unable, or do not wish to respond to this tender, please complete the following portions of this form. State your reason for not responding by checking the applicable space(s) or by explaining briefly in the space provided. If you require additional space, use the reverse side of this form.

PLEASE FORWARD THIS COMPLETED FORM IN A SEALED ENVELOPE IDENTIFYING IT AS CONTAINING "NOTICE OF NO RESPONSE" OR SEND BY FAX TO THE RECREATION DEPARTMENT, TOWNSHIP OF TYENDINAGA, preferably prior to the Official Closing Date.

1. Unable to quote competitively ______2. Cannot handle due to present workload ______3. Cannot handle, job requires additional trades ______4. We do not manufacture/supply this commodity ______5. We do not manufacture/supply to this specification ______6. Project/Quantity/Job too large ______7. Project/Quantity/Job too small ______8. Cannot meet delivery/completion requirements ______9. Licensing restrictions ______

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10. Agreements with distributors/dealers do not permit us to sell direct ______

11. Insufficient time to prepare tender ______12. Other reasons/additional comments:

________________________________________________________________

Do you wish to be invited for similar goods/services in the future? YES ____ NO ____ Print Full Name: (Apply Corporate Seal if Respondent is a Corporation)

Address/ City/ Province/Postal Code:

E-mail Address: Postal Code:

Telephone #: Fax #:

Signature: Date:

APPENDIX VIII: SPECIFICATIONS

The following items outline the scope of work and technical requirements to complete the roof replacements. The intent of the information is to be used by the Contractors to better understand the general scope of work and for pricing purposes. It is expected that the contractor review this document in conjunction with a thorough site review to confirm conditions and dimensions before submitting their costs to perform work.

Contractor shall submit data sheets and or shop drawings for all roofing materials, fasteners, and flashings accessories to owner for review and approval prior to purchase. New roof colour TBD. To be within standard colour range and options to be submitted to the Township for review and selection of colour.

Contractor shall consult with roofing manufacturer to satisfy all materials and components meet design criteria and loads for the applicable region and location.

The roof system consists of asphalt shingles on a wood deck. The Township of Tyendinaga is seeking to remove the existing roof and replace with a self-adhering high-temp metal roofing 45 mil underlay with through fastened metal above.

Remove existing shingle roof system down to sheathing. If there is any deteriorated wood sheathing, supports or blocking which needs replaced, this must be brought to the owner’s attention for approval before proceeding any further.

Install a minimum thickness of 42 mills self-adhering high temperature metal roof underlayment. Ensure surface is free of dirt, debris, or dust. Prime all substrates to be waterproofed with self-adhering primer. Apply the membrane in lengths up to 18 feet. Overlap all seams a minimum 3” on the side laps and 6” on the head laps. Roll the seams and overlaps of the membrane with a hand roller to ensure complete adhesion with no voids, wrinkles, or fishmouths. The membrane should not be folded over the roof edge unless covered by gutter, mechanically fastened every 6” or protected with other flashing materials. Roof underlay may be exposed for 90 days max. Must have a vapor permeance of <0.02. A tensile strength of at least 30 lbs./in.

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Install generic through fastened metal ribbed roof system 26 ga. minimum, complete with all metal flashings and trims (i.e. eave and gable end flashings with drip edges, ridge cap flashing, etc.). Colour of flashings to match roofing colour.New metal is to have no end overlap seams- continuous from ridge to eave- where possible based on the manufacturer’s capabilities with panel lengths. Ridge is to be manufactured by the roof manufacturer and be installed as per Manufacturer’s spec.

Include all new flanges, boots, flashings and sealants as required.

SECTION 01 43 33.75 ROOFING INSPECTOR FIELD SERVICES

PART 1 – GENERAL

1.1 Related Documents

(a) Drawings and general provisions of the Contract, including the Conditions of the Contract and Division 07 Specification Sections apply to this Section.

1.2 Summary

(a) Section includes roof inspector’s field services for roofing assemblies.(b) Related Work Specified Elsewhere:

Roofing Material: Section 07 40 00.

1.3 References

(a) References, General: The most recent adopted version of the following references apply to the Work of this Section.

(b) International building Code (current edition) or local authority building code.(c) American Society of Civil Engineers (ASCE): ASCE 7, Minimum Design Loads for Buildings and

Other Structures.(d) National Roofing Contractors Association (NRCA): Roofing and Waterproofing Manual.(e) Canadian General Standards Board (CGSB)(f) Canadian Roofing Contractors Association (CRCA)(g) Underwriters Laboratories of Canada (ULC)

1.4 Submittals For Review

(a) Product Data: Provide manufacturer’s technical product data for each type of roofing product specified. Include data substantiating that materials comply with specified requirements.

(b) Specimen Warranty: Provide an unexecuted copy of the warranty specified for this Project, identifying the terms and conditions required of the Manufacturer and the Owner.

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(c) Roofing System Manufacturer’s Evaluation: Provide a comprehensive written assessment comparing available roofing solutions with validation of why the roofing system selection for the specific project is suitable and appropriate.

(d) Online Reporting Capabilities: Provide a sample of the roofing system inspector’s online roof inspection report as well as information about how long inspection reports are available to owner.

(e) Substitutions: Products proposed as equal to the products specified for this project shall meet all of the requirements in the appropriate Division 7 specifications and shall be submitted for consideration at least 7 days prior to the date that bids must be submitted.

1. Proposals shall be accompanied by a copy of the manufacturer’s standard specification Section.

2. Manufacturer’s checklist will be accompanied with any substitution to verify equal performance characteristics to those specified in Division 7 specification.

3. The Owner’s decision regarding substitutions will be considered final.

1.5 Contract Closeout Submittals

(a) Project Warranty: Provide specified warranty for the Project, executed by the authorized agent of the Manufacturer.

(b) Roofing Maintenance Instructions: Provide a roof care and maintenance manual of manufacturer’s recommendations for maintenance of installed roofing systems.

(c) Insurance Certification: Assist Owner in preparation and submittal of roof installation acceptance certification as may be necessary in connection with fire and extended coverage insurance on roofing and associated work.

(d) Inspection Logs: Copy of inspection reports as performed by the manufacturer if applicable shall be submitted at project closeout and include photographic documentation of installation progress, weather conditions, and personnel on the project at the time of every inspection.

1.6 Quality Assurance

(a) Manufacturer Qualifications: Company specializing in manufacturing the products specified in this Section with not less than [12] years documented experience [and have ISO 9001 certification].

(b) Installer’s Field Supervision: Maintain a full-time Supervisor/Foreman on job site during all phases of roofing work while roofing work is in progress. Maintain proper supervision of workmen.

(c) Maintain a copy of the roof plans, details, and specifications in the possession of the Supervisor/Foreman and on the roof at all times.

(d) Source Limitations: Obtain all primary components of roof system from a single manufacturer. Secondary products that are required shall be recommended and approved in writing by the roofing system Manufacturer.

1. The manufacturer providing the roofing system warranty must verify that they manufacture a minimum of 75% of the products utilized in the roofing system of this project. Products that are private labeled shall not be considered as manufactured by the roofing system supplier.

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2. Upon request of the Owner, submit Manufacturer’s written approval of secondary components in list form, signed by an authorized agent of the Manufacturer.

(e) Source Quality Control: Manufacturer shall have in place a documented, standardized quality control program such as ISO-9001.

1.7 Pre-Installation Conference

(a) Pre-Installation Roofing Conference: Convene a pre-roofing conference approximately two (2) weeks before scheduled commencement of roofing system installation and associated work.

(b) Require attendance of installer of each component of associated work: installers of deck or substrate construction to receive roofing work: installers of rooftop units and other work in and around roofing that must precede or follow roofing work (including mechanical work if any): and/or engineer: owner: roofing system manufacturer’s full time employee: and other representatives directly concerned with performance of the Work, including (where applicable) owner’s insurers, testing agencies and governing authorities. Objectives of conference include:1. Review foreseeable methods and procedures related to roofing work, including set

up and mobilization areas for stored material and work area.2. Tour representative areas of roofing substrates (decks), inspect and discuss condition

of substrate, roof drains, curbs, penetrations and other preparatory work performed by others.

3. Review structural loading limitations of deck and inspect deck for loss of flatness and for required attachment.

4. Review roofing system requirements (drawings, specifications and other contract documents).

5. Review required submittals both completed and yet to be completed.6. Review and finalize construction schedule related to roofing work and verify

availability of materials, installer’s personnel, equipment and facilities needed to make progress and avoid delays.

7. Review required inspection, testing, certifying and material usage accounting procedures.

8. Review weather and forecasted weather conditions and procedures for coping with unfavorable conditions, including possibility of temporary roofing (if not a mandatory requirement).

9. Record discussion of conference including decisions and agreements (or disagreements) reached and furnish a copy of record to each party attending. If substantial disagreements exist at conclusion of conference, determine how disagreements will be resolved and set date for reconvening conference.

(c) The Owner’s Representative will designate one of the conference participants to record the proceedings and promptly distribute them to the participants for record.

(d) The intent of the conference is to resolve issues affecting the installation and performance of roofing work. Do not proceed with roofing work until such issues are resolved to the satisfaction of the owner and inspector of record. This shall not be construed as interference with the progress of Work on the part of the owner or inspector of Record.

1.8 Inspections

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When the Project is in progress, a representative selected by the Owner must provide the following:

1. Report progress and quality of the work as observed. Progress reports must be published to an online system as referenced in Section 1.4.

2. Provide daily roofing installation inspections: Inspections must include; photographic documentation of work in-progress and written statements of compliance with details/shop drawings.

3. Report to the owner in writing any failure or refusal of the contractor to correct unacceptable practices called to the contractor’s attention.

4. Confirm after project completion that the manufacturer has observed no application procedures in conflict with the specifications other than those that may have been previously reported and corrected.

1.9 Warranty

(a) Upon completion of installation, and acceptance by the owner and/or inspector, the manufacturer will supply to the owner the specified warranty.

(b) Installer will submit a two (2)- year workmanship warranty to the metal manufacturer with a copy directly to the owner.

(c) The roofing system manufacturer must have been in continuous business operation for a period of time at least as long as the length of the roof system warranty provided for this project.

2.0 Execution, General

(a) Comply with requirements of related Division 07 Section.

2.1 General Installation Requirements

(a) Cooperate with inspector, inspection and test agencies engaged or required to perform services in connection with installing the roof system.

(b) Insurance/Code Compliance: Where required by code, install and test the roofing system to comply with governing regulation and specified insurance requirements.

2.2 Field Quality Control

(a) Representative shall perform field inspection as specified. Inspections must include photographic documentation of installation progress, weather conditions, and personnel on the project at the time of inspection.

(b) Correct defects or irregularities discovered during field inspection. Issues deemed defective must be re-inspected and determined suitable by the roofing manufacturer.

(c) Require attendance of representative at site during installation of the roofing system. A copy of the specification shall also be on site at all times.

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(d) Frequent progress meetings shall be conducted during the performance of roof system installation and must be attended by the owner, inspector, and other representatives directly concerned with performance of the work.

2.3 Final Inspection

(a) At the completion of the roofing installation and associated work, meet with contractor, or inspector, installer, installer of associated work, owner, roofing system manufacturer’s representative, and other representatives directly concerned with performance of roofing system.

(b) Walk the building, inspect perimeter building edges as well as flashing of roof penetrations, walls, curbs, and other equipment. List all items requiring correction or completion and furnish copy of list to each party in attendance.

(c) Notify the contractor and owner upon completion of corrections.(d) Following the final inspection, provide written notice of acceptance of the

installation from the roofing system manufacturer.(e) Immediately correct roof leakage during construction. If the contractor does

not respond within twenty-four (24) hours, the owner may exercise right to correct the Work under the terms of the Conditions of the Contract.

Section 07 40 00 – Metal Roof Panels

This specification is applicable for exposed fastener metal roof panel system.

Part 1 - General

Related Documents

Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

Summary

Work described in this section includes exposed fastener, lap-seam pre-formed metal roof panel system complete with fasteners, sealants, perimeter, and penetration flashing and closures.

Related work specified elsewhere:

Wood sheathing.

Rough carpentry.

Flashing and sheet metal.

Air barrier and vapor retarder.

Thermal insulation.

Sealants.

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Design And Performance Criteria

General Performance: Metal roof panel assemblies shall comply with performance requirements without failure due to defective manufacture, fabrication, installation, or other defects in construction.

Thermal Expansion and Contraction:

Completed metal roof panel and flashing system shall be capable of withstanding expansion and contraction of components caused by changes in temperature without buckling or reducing performance ability.

The design temperature differential shall be not less than 104 degrees Celsius.

Quality Criteria/Installer Qualifications

Engage an experienced metal roof panel contractor (erector) to install roof panel system who meets the minimum experience outlined above, specializing in the installation of metal roof systems.

Contractor must be certified by manufacturer specified as a supplier of the metal roof system and obtain written certification from manufacturer that installer is approved for installation of the specified system.

Fabricator/Installer shall submit work experience and evidence of adequate financial responsibility. Owner reserves the right to inspect fabrication facilities in determining qualifications.

Delivery, Storage, And Handling

Inspect materials upon delivery.

Handle materials to prevent damage.

Store materials off ground providing for drainage; under cover providing for air circulation; and protected from any debris.

Project Conditions

Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit Metal Roof Panel work to be performed according to manufacturer's written instructions and warranty requirements.

Field Measurements: Verify actual dimensions of construction contiguous with Metal Roof Panels by field measurements before fabrication.

Coordination

Coordinate sizes and locations of roof penetrations with actual equipment provided.

Coordinate metal roof panels with rain drainage work, flashing, trim, and construction of other adjoining work to provide a leak proof, secure, and noncorrosive installation.

Warranties

Endorse and forward to owner the following warranties:

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Manufacturer's standard 20-year finish warranty covering checking, crazing, peeling, chalking, fading, and adhesion of the pre-painted sheet metal materials.

Installer's 2-year warranty covering roof panel system installation and water tightness.

Warranties shall commence on date of substantial completion.

Part 2 – Products

Panel Sealants:

Exposed Sealant: ASTM C 920; elastomeric tripolymer, polyurethane, or other advanced polymer sealant; of type, grade, class, and use classifications required to seal joints in Metal Roof Panels and remain weathertight; and as recommended in writing by Metal Roof Panel manufacturer.

Concealed Sealant: ASTM C 1311: Butyl-Based, Solvent-Release, One-Part Sealant.

Substrate Board

The top surface of the substrate board shall be pre-primed to provide for adhesion of the self-adhering underlayment material.

Underlayment Materials

Self-adhering high-temp metal roof underlayment composed of a durable, non-slip, cross-laminated polymer film laminated to a high-temperature rubberized asphalt adhesive. 45 Mil minimum.

Miscellaneous Materials

Concealed trim and flashing fasteners: Corrosion resistant steel screws, #10 minimum diameter x length appropriate for substrate, hex washer head or pancake head. Use self-drilling, self-tapping for metal substrate or A-point for plywood substrate.

Exposed trim and flashing: Pre-painted pan head or pancake head corrosion resistant coated or plated screws with neoprene sealing washer, or prepainted 1/8-inch- (3-mm-) diameter stainless steel rivets.

Exposed fasteners for anchorage of panels to roof framing: Corrosion resistant coated or plated carbon steel hex washer head screws with neoprene sealing washer, prepainted to match panels. Use #12 x 7/8” self-drilling, self-tapping for metal substrate or #14 x 1-1/2” A-point for wood substrate.

Exposed fasteners for stitching panel side laps: Corrosion resistant coated or plated carbon steel hex washer head screws with neoprene sealing washer, prepainted to match panels. Use 1/4” x 1-1/4” self-tapping screws with #1 size drilling point.

Metal Roof Panels

General: Provide factory-formed Metal Roof Panels designed to be field assembled by overlapping and sealing seams and attaching to roof structure with exposed screw fasteners.

Accessories

Roof Panel Accessories: Provide components approved by roof panel manufacturer and as required for a complete Metal Roof Panel assembly including trim, copings, fasciae, corner units,

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head closures, cleats, flashings, sealants, gaskets, fillers, closure strips, and similar items. Match material and finish of metal roof panels unless otherwise indicated.

Closure Strips: Closed-cell, expanded, cellular, rubber or crosslinked, polyolefin-foam or closed-cell laminated polyethylene; minimum 1-inch- (25-mm-) thick, flexible closure strips meeting ASTM D1056 and/or D3575; premolded to match metal roof panel profile. Provide closure strips at head (outside), sill (inside), and where necessary to ensure weathertight construction.

Flashing and Trim: Formed from same material and gauge as roof panels, prepainted with coil coating. Provide flashing and trim as required to seal against weather and to provide finished appearance. Locations include, but are not limited to, head, sill, corners, jambs, framed openings, fascia, and fillers. Finish flashing and trim with same finish system as adjacent Metal Roof Panels.

Gutters: Formed from same material as roof panels. Match profile of gable trim, complete with end pieces, outlet tubes, and other special pieces as required. Fabricate in minimum 10-foot- long sections, of size and metal thickness according to SMACNA's "Architectural Sheet Metal Manual." Furnish gutter supports spaced per SMACNA’s recommendation based on gauge and stretch-out, fabricated from same metal as gutters. Provide wire ball strainers of compatible metal at outlets. Finish gutters to match metal roof panels, roof fascia and rake trim.

Gutter Hangers: External gutter supports shall be 2-inch- (50-mm-) wide x ¼-inch- (6-mm-) thick formed aluminum and shall be spaced at no greater than 36” (0.9m) on center. External supports shall be post-painted with a matching full-strength 70 percent PVDF finish and warranted by the panel manufacturer for same term as specified for material finishes.

Gutter Straps: Internal gutter straps shall be 1-inch- (25-mm-) wide x 1/8-inch- (3-mm-) thick formed aluminum and shall be spaced at no greater than 36” (0.9m) on center. Internal straps shall be post-painted with a matching full-strength 70 percent PVDF finish and warranted by the panel manufacturer for same term as specified for material finishes.

Downspouts: Formed from same material as roof panels. Fabricate in 10-foot- (3-m-) long sections, complete with formed elbows and offsets, of size and metal thickness according to SMACNA's "Architectural Sheet Metal Manual". Finish downspouts to match gutters.

Downspout Brackets: Where detailed, surface mounted downspout protection guards shall be fabricated from ¼-inch- (6-mm-) thick formed aluminum, and shall be post-painted with a matching full-strength 70 percent PVDF finish and warranted by the panel manufacturer for same term as specified for material finishes.

Fabrication

Fabricate and finish metal roof panels and accessories at the factory to greatest extent possible, by manufacturer's standard procedures and processes and as necessary to fulfill indicated performance requirements. Comply with indicated profiles and with dimensional and structural requirements.

Provide panel profile, including major ribs and intermediate stiffening ribs, if any, for full length of panel.

Form flashing components from full single width sheet in minimum 10’-0” (3 m) sections. Provide mitered trim corners, joined using closed end pop rivets and butyl-based, solvent released one-part sealant.

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Sheet Metal Accessories: Fabricate flashing and trim to comply with recommendations in SMACNA's "Architectural Sheet Metal Manual" that apply to the design, dimensions, metal, and other characteristics of item indicated.

Form exposed sheet metal accessories that are without excessive oil canning, buckling, and tool marks and that are true to line and levels indicated, with exposed edges folded back to form hems.

Sealed Joints: Form nonexpanding but movable joints in metal to accommodate butyl-based sealant to comply with SMACNA standards.

Conceal fasteners and expansion provisions where possible. Exposed fasteners are not allowed on faces of accessories exposed to view.

Fabricate cleats and attachment devices of size and metal thickness recommended by SMACNA's "Architectural Sheet Metal Manual" or by Metal Roof Panel manufacturer for application, but not less than thickness of metal being secured.

Finishes

Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes.

Protect mechanical and painted finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping.

Appearance of Finished Work: Noticeable variations in same piece are not acceptable. Variations in appearance of adjoining components are acceptable if they are within the range of approved Samples and are assembled or installed to minimize contrast.

Part 3 - Preparation & Execution

Examination

Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for installation tolerances, Metal Roof Panel supports, and other conditions affecting performance of the Work.Retain one or both of first two paragraphs below.

Examine primary and secondary roof framing to verify that girts, studs, angles, channels, and other structural panel support members and anchorages have been installed within alignment tolerances required by Metal Roof Panel manufacturer.

Examine solid roof sheathing to verify that sheathing joints are supported by framing or blocking and that installation is within flatness tolerances required by Metal Roof Panel manufacturer.

Examine roughing-in for components and systems penetrating metal roof panels to verify actual locations of penetrations relative to seam locations of Metal Roof Panels before Metal Roof Panel installation.

Proceed with installation only after unsatisfactory conditions have been corrected.

Preparation

Clean substrates of substances harmful to insulation, including removing projections capable of interfering with insulation attachment.

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Miscellaneous Framing: Install sub-framing, furring, and other miscellaneous roof panel support members and anchorage according to Metal Roof Panel manufacturer's written instructions.

Establish straight, side and crosswise benchmarks

Use proper size and length fastener for strength requirements.

All perimeters shall be checked for square and straightness. Inside and outside corners may not be plumb; set a true line for the corner flashing with string line.

Measure the roof lengthwise to confirm panel lengths and verify clearances for thermal movement.

Underlayment Installation

Sheet Underlayment: Apply primer if required by manufacturer. Comply with temperature restrictions of underlayment manufacturer for installation. Apply over entire roof surface, wrinkle free, in shingle fashion to shed water, and with end laps of not less than 6 inches (150 mm) staggered 24 inches (610 mm) between courses. Overlap side edges not less than 3-1/2 inches (90 mm). Roll laps with roller. Cover underlayment within 90 days. Underlay may also be mechanically attached if required.

A. Field

1. Starting at the low point of the deck, peel back about 12 in. of the release liner, align the roll, and carefully press into place. Unroll the material along the deck removing release liner as it is installed. Apply the membrane in lengths up to 18 feet.

2. The adhesive on pressure-activated, so press the material firmly into place using linoleum roller or equivalent to ensure a strong seal. Pay attention to the seams and overlaps, firmly rolling them with a hand roller so they are well-sealed.

3. Overlap head laps a minimum of 6 in. Overlap side laps a minimum of 3.5 in.

NOTE: The membrane should NOT be folded over roof edge unless covered by a gutter, mechanically fastened every 6” or protected with other flashing materials.

B. Details

Ridges, valleys, penetrations, dormers and other areas that require flashing need special attention. Underlay is not designed to withstand structural movement or to bridge openings greater than 1/8 in. When flashing, the overlapping layers will seal to one another. Take special care that the overlap is a minimum of 6 in. and that seams are shingled so the water will flow over rather than against them.

C. Vertical Surfaces

Where underlay terminates on a vertical surface, it should be nailed securely and sealed with an exterior-grade polyurethane or latex sealant. Do not install overactive solvents or sealants, flexible vinyl gasketing, EPDM rubber, or caulking containing silicone as this may cause the asphalt adhesive to liquify.

Metal Roof Panel Installation

All details will be shown in accordance with approved shop drawings and manufacturer's product data, within specified erection tolerances.

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Directly over the completed substrate, install roof panels using specified exposed fasteners and sealants. Fastener spacing for anchorage to roof structure and stitching of lap seams shall be in accordance with manufacturer’s shop drawings and as required for structural strength and serviceability.

Installation of Roof Panels: Roof panels can be installed by starting from one end and working towards the opposite end. If panel end laps are approved by owner and shown on contract documents, installation shall be from bottom-to-top to allow for proper shingling effect of end laps.

Isolate dissimilar metals and masonry or concrete from metals with bituminous coating. Use gasket fasteners where required to prevent corrosive action between fastener, substrate, and panels.

Limit exposed trim and flashing fasteners to extent indicated on contract drawings.

Seal laps and joints in accordance with roof panel system manufacturer's product data.

Coordinate flashing and sheet metal work to provide weathertight conditions at roof terminations. Fabricate and install in accordance with standards of SMACNA Manual.

Provide for temperature expansion/contraction movement of panels at roof penetrations and roof mounted equipment in accordance with system manufacturer's product data and design calculations.

Installed system shall be true to line and plane and free of dents, and physical defects. In light gauge panels with wide flat surfaces, some oil canning may be present. Oil canning does not affect the finish or structural integrity of the panel and is therefore not cause for rejection.

At joints in linear sheet metal items, set sheet metal items in two ¼-inch- (6-mm-) beads of butyl sealant. Extend sealant over all metal surfaces. Mate components for positive seal. Allow no sealant to migrate onto exposed surfaces.

Remove damaged work and replace with new, undamaged components.

Touch up exposed fasteners using paint furnished by the panel manufacturer and matching exposed panel surface finish.

Clean exposed surfaces of roof panels and accessories after completion of installation. Leave in clean condition at date of substantial completion. Touch up minor abrasions and scratches in finish.

Erection Tolerances

Installation Tolerances: Shim and align Metal Roof Panel units within installed tolerance of 1/4 inch in 20 feet (6 mm in 6 m) at location lines as indicated and within 1/8-inch (3-mm) offset of adjoining faces and of alignment of matching profiles.

Cleaning

Remove temporary protective coverings and strippable films, if any, as metal roof panels are installed unless otherwise indicated in manufacturer's written installation instructions. On completion of metal roof panel installation, clean finished surfaces as recommended by Metal Roof Panel manufacturer. Maintain in a clean condition during construction.

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Replace metal roof panels that have been damaged or have deteriorated beyond successful repair by finish touchup or similar minor repair procedures.

END OF SECTION

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