TOWN OF MIDLAND CONCRETE SIDEWALK CONSTRUCTION CONTRACT L

Transcription

1 TOWN OF MIDLAND CONCRETE SIDEWALK CONSTRUCTION February, 2016

2 TOWN OF MIDLAND TENDER FOR CONCRETE SIDEWALK CONSTRUCTION CONTRACT NO. L SEALED TENDERS, clearly marked as to contents, will be received at the Town of Midland's Operations Department, 575 Dominion Avenue, Midland, Ontario, until 12:00 noon local time, Wednesday, March 9, 2016 for the construction of sidewalks at various locations throughout the Town. Qualified contractors may obtain Tender documents from the Town of Midland, website at Each Tender must be accompanied by a certified cheque or bid bond in the amount of Five Thousand Dollars ($5,000.00). THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED. Shawn Berriault, C. Tech. Director of Operations

3 CONCRETE SIDEWALK CONSTRUCTION 2016 GENERAL INDEX Instructions to Bidders 9 Pages Form of Tender and Schedule of Unit Prices and List of Subcontractors and List of Experience 19 Pages Form of Agreement 3 Pages Supplemental Specifications and OPS Specifications 9 Pages List of Standard Drawings 2 Pages General Conditions Supplementary 8 Pages

4 INSTRUCTIONS TO BIDDERS CONCRETE SIDEWALK CONSTRUCTION 2016

5 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 5 INSTRUCTIONS TO BIDDERS 1. Description of the Work Page 6 2. Time Limit for Tendering Page 6 3. Form of Tender Page 7 4. Materials Page 7 5. Contract Documents Page 7 6. Tender Deposit Page 7 7. Bonds Page 8 8. Insurance/W.S.I.B. Clearance Certificate Page 8 9. Hold Harmless Page Progress and Completion Page Proof of Ability Page Contract Page Informal Tenders Page Right to Accept or Reject Page Starting Date Page Fair Wages Page Taxes Page Budget Limitations Page Liquidated Damages Page Traffic Control Page 12

6 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 6 INSTRUCTIONS TO BIDDERS 1. DESCRIPTION OF WORK The work to be performed under this contract is to remove and replace existing sidewalks and to carry out the related works to install and restore. The work shall also include installation of retaining walls and installation of new sidewalk. The prices quoted in the contract shall be unit prices. The proposed works are as follows: - Birchwood Drive: South Side William Street to Wilson Parkway spot repairs - Manly Street: West Side - Yonge Street to Elizabeth Street - Manly Street: West Side Elizabeth Street to Hugel Avenue - Ramps and Spot Repairs: Various Locations The Contractor shall remove and dispose of existing concrete/asphalt sidewalks and/or curbs and construct new sidewalk and curbs as set out herein. 2. TIME LIMIT FOR TENDERING Tenders, in sealed envelopes clearly marked as to contents, will be received up to 12:00 noon local time Wednesday, March 9, 2016, by Shawn Berriault, Director of Operations, Town of Midland, 575 Dominion Avenue, Midland, Ontario, L4R 1R2. PLEASE NOTE NO COURIER SERVICE PROVIDES EARLY DELIVERY TO MIDLAND. This time and date shall be deemed to be the Official Closing Time. Each Tender will be marked with the time and date it was received. The Tender Form must be fully legible, signed and witnessed in the spaces provided, with the signature of the Tenderer or a responsible official of the organization bidding and the name of the person signing on behalf of the organization bidding printed under the signature. Bidders requiring a receipt or acknowledgment for the tender delivery are required to bring a copy of the Tender Advertisement page from the Tender document (Page 2 herein). An acknowledgment will be provided on that sheet and returned to the person delivering the tender. No other form of acknowledgment will be provided. Questions arising during the bidding period are to be submitted in writing by e- mail to: Attention: Shawn Berriault, C. Tech., Director of Operations operations@midland.ca Subject Line: Sidewalk Construction Contract L Questions The intent is to address questions received only up to the end of business (4:00 p.m. local time) on Wednesday, March 2, 2016 and issue any required addenda by noon (local time) Friday, March 4, 2016.

7 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 7 INSTRUCTIONS TO BIDDERS 3. FORM OF TENDER All Tenders must be submitted upon the Tender Form contained herein and be signed by the Bidder with his business address, telephone and fax numbers and address noted thereon. Tenders must be sealed and clearly marked as to contents. The following forms must be included with the Tender submission: -Tender Form (plus deposit certified cheque/bid bond) -Tender Form - Schedule of Unit Prices -List of Subcontractors and Experiences -Health and Safety Form HS-14 (must be completed) 4. MATERIALS All materials (except as specifically indicated in the Special Provisions) required on this Contract shall be supplied by the Contractor. Concrete shall be from an approved ready mix supplier, a mix design for MTO Mix 30MPA with Limestone Aggregate shall be supplied. 5. CONTRACT DOCUMENTS Each bidder must satisfy himself, by his own study of the Contract Documents, by calculation and by estimating the conditions existing or likely to exist in connection with the execution of the Work, as to the practicability of completing the Work successfully within the stipulated time. There will be no consideration of any claim after submission of Tenders that there is a misunderstanding with respect to the conditions imposed by the Contract. 6. TENDER DEPOSIT Each Tender shall be accompanied by either: a) a tender deposit in the form of a certified cheque or Bank Draft cheque made payable to the Town of Midland for an amount of Five Thousand Dollars ($5,000.00); or b) a bid bond (using the precedent format included herein and printed on the Bonding Company letterhead) in the amount of Five Thousand Dollars ($5,000.00) and sealed by a corporation duly authorized to transact the business of Suretyship.

8 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 8 INSTRUCTIONS TO BIDDERS The Tender deposit cheques or Bid Bonds of the three lowest Tenderers shall be retained by the Town for sixty (60) days after the Official Closing Time or until the Contract has been signed by the successful Tenderer. Tender deposit cheques or bid Bonds of all other Tenderers will be returned within thirty (30) days of the Official Closing Time. The Tender deposit cheques or Bid Bonds of the successful Tenderer will be returned upon execution of the Contract Documents. If the Tender consists of more than one Contract, each Contract may be individually bonded in accordance with the above requirements. In the event that any Tender is withdrawn before the Contract is executed by the successful bidder or for a period of Thirty (30) days commencing from the Date of Closing of Tenders, whichever event first occurs, the certified cheque accompanying such Tender shall be forfeited to the Owner. 7. BONDS The Town MAY require the successful bidder to furnish Bonds for performance and materials and labour payment equal to 100% of the Tender sum, with a Guarantee Surety Company authorized by law to carry on business in the Province of Ontario and having an office in Ontario. The cost of the bonds, if required, shall be borne by the Town. 8. INSURANCE/W.S.I.B CLEARANCE CERTIFICATE The successful bidder will be required to provide a certified copy of an insurance policy covering Public Liability and Property Damage in the amount of $5 million as specified in O.P.S. General Conditions, Section GC6, showing the Town of Midland as an additional named insured. The Contractor will be required to supply a certificate from the Workers' Safety and Insurance Board (WSIB) indicating that he is in good standing with the Board prior to the Town authorizing commencement of work and prior to the issuance of a Certificate of Substantial Performance. It should be noted that the Town must be in possession of a current WSIB Certificate from the Contractor at all times during the contract (ie. every 90 days), including the maintenance period.

9 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 9 INSTRUCTIONS TO BIDDERS 9. HOLD HARMLESS To the fullest extent permitted by law, the successful Tenderer agrees to defend (including attorney s fees), pay on behalf of, indemnify and hold harmless The Corporation of the Town of Midland, its elected and appointed officials, employees and volunteers and others working on behalf of The Corporation of the Town of Midland against any and all claims, demands, suits or loss, including all costs connected therewith and for any damages which may be asserted, claimed or recovered against or from The Corporation of the Town of Midland, its elected and appointed officials, employees, volunteers or others working on behalf of The Corporation of the Town of Midland, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract. 10. PROGRESS AND COMPLETION The Tenderer's attention is drawn to the Working Days or Completion Date stipulated in this Contract and also to the Liquidated Damages Clause. The successful bidder shall be required to submit a detailed Schedule of Work. The Contractor shall work continuously and shall restore areas as they are disturbed. The Contractor may undertake works in several phases, however, each location shall be fully completed including lawn and driveway restoration within two weeks from removal of the existing sidewalk or commencement of the works as the case may be. All works must be substantially completed by SEPTEMBER 30, Liquidated damages may be applied after this date, as described in Clause 10 (Progress of Work and Liquidated Damages) of the Supplemental General Conditions. 11. PROOF OF ABILITY Bidders are required to disclose their legal status as to whether they are a Federal, Provincial or Foreign Corporation, a partnership or an individual and to state the names and addresses of the responsible officers or partners as the case may be. They must furnish satisfactory evidence that they have the requisite ability and experience in the class of work contemplated and sufficient capital and plant to enable them to complete the work successfully within the time stated in the Contract.

10 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 10 INSTRUCTIONS TO BIDDERS 12. CONTRACT The party to whom the Contract is awarded will be required to execute the Agreement contained herein in quadruplicate and to furnish a certified copy of a satisfactory insurance policy referred to herein together with confirmation from WSIB that the Company or Individual is in good standing, within seven (7) days not including Sunday or a legal holiday, after mailing of written notice by the Owner to him at his business address stated in his Tender, of the award of the Contract to him. Should the said party fail to execute this Contract within the time stipulated above, the deposit accompanying his Tender shall be forfeited to the Owner. 13. INFORMAL TENDERS Tenders that are incomplete, conditional, illegible or obscure or that contained additions not called for, reservations, erasures, alterations or irregularities of any kind, may be rejected as informal. Bidders are required to fill in all the blanks. 14. RIGHT TO ACCEPT OR REJECT The lowest or any particular Tender will not necessarily be accepted. The criteria which may be considered by the Town in awarding the Contract will include a combination of price, scheduling, expertise, qualifications, and suitability of the tenderer, and such other conditions as may be determined by the Town to be in its own best interest. The tenderer acknowledges that the Work(s) or portions thereof are subject to the procurement and issuance of funding, certain permits, authorizations, licenses, easements and other approvals as may be required from third parties or under applicable laws, statutes and regulations ( Approvals ). In the even that any Approvals are not issued by any third parties ( Frustrating Event ) the Town reserves the right, and without liability to the Tenderer, to: Not award the Contract and/or cancel the request for Tenders; Award the Contract in whole or in part but expressly subject to the right on the part of the Town to cancel all or part of the Contract at any time after the award thereof in the event that such Approvals cannot be obtained; In any event, The Town reserves the right, in its absolute discretion, to reject any or all Tenders or to award the contract to other than the Tenderer submitting the lowest Tender provided that Council, in its sole and absolute discretion, decides that it is in the best interest of The Corporation of the Town of Midland to do so.

11 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 11 INSTRUCTIONS TO BIDDERS By submitting this tender document, the Tenderer acknowledges that it shall have no claim against, or entitlement to damages from the town by reason of the Town s rejection of its Tender or of all tenders, or by reason of any delay in the acceptance of a Tender, or cancelling all or part of the contract as a result of a Frustrating Event. Tenders are subject to a formal Contract being prepared and executed. Without in any way limiting the generality of the preceding, Tenders, commencing with the lowest tender, will be evaluated against criteria developed by the Town using information provided by the Tenderer in the Tender Form and additional criteria information as requested. The Town s criteria include, but are not limited to: Skill and experience demonstrated on similar projects of similar scope; The general reputation, qualifications and experience of the Tenderer; Qualifications and experience of key personnel of the Tenderer; Tender price; Project schedule/substantial performance date; Reference checks with former clients, consultants and subtrades; Five year history of claims, litigation and/or arbitration between Tenderer and former clients and between itself and subcontractors; Five year history of charges under the Occupational Health & Safety Act (Ontario); Five year record with the Workers Safety and Insurance Board ( WSIB ); Anticipated additional costs not included in the Tender Price but inferable from the evaluation criteria or from the Tender; Matters omitted from the Form of Tender by the Tenderer. Where the Tenderer is associated with one or more persons or corporations which conduct the same or similar business as the Tenderer, the Town may, but is not obliged to, request from such Tenderer the evaluation information with respect to such associated persons or corporations. The failure or refusal of a Tenderer to comply with such a request may result in the rejection of its Tender. The above criteria are not necessarily listed in the order of their importance to the Town. 15. STARTING DATE No work shall begin until the Municipality has issued a Start Work Order. A Start Work Date will be negotiated with the successful Tenderer. A Start Work Order will not be issued until the Town of Midland Council has approved their 2016 capital budget and all conditions in this document are met. All work is to be completed on or before September 30, 2016.

12 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 12 INSTRUCTIONS TO BIDDERS 16. FAIR WAGES The Tenderer's attention is drawn to the Fair Wages and Labour and Conditions applicable to this Contract as outlined in the General Conditions Supplementary. 17. TAXES Harmonized Sales Tax The Town acknowledges and agrees that the works tendered herein are subject to Harmonized Sales Tax (HST), currently set at 13%. The tender bid pricing is to be exclusive of HST, however, all invoices and payment certificates will be required to show the HST as a separate line item. 18. BUDGET LIMITATIONS The Tenderer is advised that the completion of the works set out in this Tender Document is contingent on the Council of the Town of Midland authorizing the work. The Town may limit the scope of the proposed sidewalk works to the total value of our budget amount(s). If prices dictate, a portion of the works, or a complete schedule, may be removed, or a section added, as budget funds permit. The Contractor will not be entitled to any compensation should a portion of the works or a complete schedule be removed from the tender contract. 19. LIQUIDATED DAMAGES The liquidated damages on this project shall be $ per working day, for each day beyond the approved schedule and required completion date, until substantial completion has been achieved. 20. TRAFFIC CONTROL The Contractor shall include in his prices bid the cost of all traffic control. All traffic control shall be undertaken in accordance with MTO Book 7.

13 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 13 FORM OF TENDER CONCRETE SIDEWALK CONSTRUCTION 2016 TO BE COMPLETED BY TENDERER TENDER SUBMISSION CHECK LIST: Tender Submitted By: Date: Total Tender Bid $ (from page 19 of the Tender Form) Certified Cheque $ or Bid Bond $ Addendum(s)* to, inclusive * Tenderer to fill in blanks or enter NIL as applicable. Agreement to Bond - Enclosed NOT APPLICABLE FOR THIS CONTRACT FOR OFFICE USE ONLY Date/Time Tender Received: Reviewed By: Member of Council

14 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 14 FORM OF TENDER TO: Mayor and Members of Council The Corporation of the Town of Midland Tendered by (Please Print): (Firm Name) (Street Address) (Town/City) (Postal Code) (Telephone) (Fax) ( ) Gentlemen: The undersigned has carefully examined the Instructions to Bidders, Tender Form and Schedule of Unit Prices, General Conditions, Supplementary Drawings, Specifications and Special Provisions and Addendums (if applicable) for this Contract and acknowledges the same to be part of the Contract. Further, the undersigned has visited the site and studied all conditions therein which affect the work, and is fully informed as to the nature of the Work and the conditions relating to its performance. The undersigned hereby proposes to furnish all plant, labour and materials including in every case, freight, duty, exchange and sales tax in effect, except as otherwise specified and to complete the work in strict accordance with requirements of the Contract at the unit prices named in the Schedule of Unit Prices for the sum of: (in writing) (From Page 19 of Form of Tender) ($ )

15 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 15 FORM OF TENDER SCHEDULE OF UNIT PRICES SECTION A BIRCHWOOD DRIVE: South Side - William Street to Wilson Parkway (Spot Repairs) ITEM # SPEC # A SP A SP A.3 SP A SP A.5 SP DESCRIPTION Remove Existing Sidewalk Supply and Place 1.5 metre wide concrete sidewalk spot repair (Including 150mm Gran-A) Place tactile Walking Surface Indicators as a full ramps (material supplied by the Town) Supply and place topsoil and sod Driveway Restoration and Asphalt Boulevard (by others) EST. QUANTITY UNIT UNIT PRICE TOTAL 120 sq. m. $ $ 120 sq. m $ $ 2 ea $ $ 120 sq. m $ $ 1 l.s. $ 5, $ 5, TOTAL BIRCHWOOD DRIVE $ South Side - William Street to Wilson Parkway (Spot Repairs) (enter on Tender Summary, page 19)

16 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 16 FORM OF TENDER SCHEDULE OF UNIT PRICES SECTION B MANLY STREET: West side Yonge Street to Elizabeth Street ITEM # SPEC # B SP B SP B.3 SP B SP B.5 SP DESCRIPTION Remove Existing concrete and asphalt sidewalk Supply and Place 1.5 metre wide concrete sidewalk spot repair (Including 150mm Gran-A) Place tactile Walking Surface Indicators as a full ramp (material supplied by the Town) Supply and place Topsoil and sod Driveway Restoration (by others) EST. QUANTITY UNIT UNIT PRICE TOTAL 315 sq. m. $ $ 315 sq. m. $ $ 2 ea $ $ 315 sq. m. $ $ 1 l.s. $ 2,500 $ 2,500 TOTAL MANLY STREET $ West side Yonge Street to Elizabeth Street (enter on Tender Summary, page 19)

17 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 17 FORM OF TENDER SCHEDULE OF UNIT PRICES SECTION C MANLY STREET: West side Elizabeth Street to Hugel Avenue ITEM # SPEC # C SP C SP C.3 SP C SP C.5 SP DESCRIPTION Remove Existing concrete and asphalt sidewalk Supply and Place 1.5 metre wide concrete sidewalk spot repair (Including 150mm Gran-A) Place tactile Walking Surface Indicators as a full ramp (material supplied by the Town) Supply and place Topsoil and sod Driveway Restoration (by others) EST. QUANTITY UNIT UNIT PRICE TOTAL 315 sq. m. $ $ 315 sq. m. $ $ 2 ea $ $ 315 sq. m. $ $ 1 l.s. $ 2,500 $ 2,500 TOTAL MANLY STREET $ West side Elizabeth Street to Hugel Avenue (enter on Tender Summary, page 19)

18 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 18 FORM OF TENDER SCHEDULE OF UNIT PRICES SECTION D SPOT REPAIRS ITEM # SPEC. # DESCRIPTION EST. QUANTITY UNIT UNIT PRICE TOTAL D SP Remove Existing concrete and 60 sq. m. $ $ D SP D.3 SP D SP D.5 SP asphalt sidewalk Supply and Place 1.5 metre wide concrete sidewalk (to include 150mm Gran-A) Place tactile Walking Surface Indicators as a full ramp (material supplied by the Town) Supply and place Topsoil and sod Driveway Restoration (by others) 60 sq. m. $ $ 8 ea $ $ 60 sq. m. $ $ 1 l.s. $ 2,000 $ 2,000 TOTAL SPOT REPAIRS $ (Various locations throughout Midland) (enter on Tender Summary, page 19)

19 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 19 FORM OF TENDER TENDER SUMMARY A BIRCHWOOD DRIVE $ South Side, William Street to Wilson Parkway (Spot Repairs) B MANLY STREET $ West Side, Yonge Street to Elizabeth Street C MANLY STREET $ West Side, Elizabeth Street to Hugel Avenue D SPOT REPAIRS $ Various Locations throughout Midland. TOTAL $ CONTINGENCY ALLOWANCE $ 5, GRAND TOTAL: $ (Enter Amount on Page 14 and Cover Page of Tender Form)

20 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 20 FORM OF TENDER The undersigned agrees to the following: 1. To execute the Agreement in triplicate and to furnish in duplicate to the Owner, the required Bonds as specified in the Instructions to Bidders and a certified copy of the Insurance Policy required under the Contract within seven (7) business days not including Sunday or a legal holiday from the date of mailing of the notice of acceptance of this Tender by the Owner to the address stated hereunder. 2. To the fullest extent permitted by law, the successful Tenderer agrees to defend (including attorney s fees), pay on behalf of, indemnify and hold harmless The Corporation of the Town of Midland, its elected and appointed officials, employees and volunteers and others working on behalf of The Corporation of the Town of Midland against any and all claims, demands, suits or loss, including all costs connected therewith and for any damages which may be asserted, claimed or recovered against or from The Corporation of the Town of Midland, its elected and appointed officials, employees, volunteers or others working on behalf of The Corporation of the Town of Midland, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract. 3. Should this Tender be accepted by the Owner, the deposit accompanying this Tender will be forfeited to the Owner should the Contract not be executed as stated in (1) above. 4. This offer is to continue open to acceptance until the Contract is executed by the successful bidder or for a period of Thirty (30) days commencing from the Date of Closing of Tenders, whichever event first occurs and that the Owner may, at any time within that period accept this Tender whether any other Tender has been previously accepted or not. 5. If this Tender is withdrawn by the undersigned before the Contract is executed by the successful bidder or for a period of Thirty (30) days, commencing on the Date of Closing of Tenders, whichever event first occurs, the amount of deposit accompanying this Tender shall be forfeited to the Owner. 6. The Owner may reject any or all Tenders without explanation. 7. If so requested in writing by the Municipality, the undersigned will enter into a Contract with the Municipality based upon his Tender but jointly in the names of the Tenderer and the Tenderer's parent company, if any. The Tenderer further agrees that any request by the Municipality, as indicated above, is not and shall not be deemed to be a counter-offer by the Municipality. 8. This Tender is subject to a formal contract being prepared and executed.

21 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 21 FORM OF TENDER 9. The undersigned declares that no person, firm or corporation other than the Tenderer has any interest in this Tender or in the proposed contract for which this Tender is made. 10. The undersigned declares that this Tender is made without any connection, comparison of figures or arrangements with, or knowledge of, any other corporation, firm or person making a Tender for the same work and is in all respects fair and without collusion or fraud. 11. The undersigned declares that no member of the Municipal Council and no officer or employee of the Municipality is or will become interested directly or indirectly as a contracting party, partner surety or otherwise in or in the performance of the Contract or in the supplies, work or business to which it relates, or in any portion of the profits thereof, or in any of the monies to be derived therefrom. 12. That the Work will be completed in accordance with the Tenderer s submitted schedule and pursuant to Clause 18 Budget Limitations of the Instructions to Bidders. This Tender is submitted by (Please Print): Company Name Mailing Address City/Town Postal Code Date Telephone Fax Signature(s) of Tender: Signature Signature Name/Position (please type or print) Seal Name/Position (please type or print)

22 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 22 FORM OF TENDER List of Proposed Sub-Contractors The General Information to Tenderers requires the Tenderer to list on this statement sheet the name of each proposed sub-contractor. Listed hereunder are the names of all sub-contractors, (asphalt supplier, concrete ready mix supplier, restoration contractor, etc.) as applicable, who the Tenderer proposes to use. Sub-Trade Proposed Sub-Contractor Address/Phone # Concrete Placement $ Granulars Placement $ Sidewalk Removal $ Excavation $ Landscaping $ Other (Specify) $ Approximate Value of Sublet Work

23 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 23 FORM OF TENDER List of Proposed Suppliers The General Information to Tenderers requires the Tenderer to list on this statement the name of each proposed material supplier. Listed hereunder are the names of all materials, (pipe, pre-cast concrete, hydrants, valves, maintenance holes, etc.) as applicable, which the Tenderer proposes to use. Material Concrete Granulars Topsoil & Sod Proposed Supplier Address/Phone # Manufacturer (where applicable) Other (Specify) List of Proposed Personnel Position Project Manager Foreman Name Years with Company

24 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 24 FORM OF TENDER Tenderer s Experience in Similar Completed Work Location Owner s Engineer Description of Contract Completion Date $ Value

25 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 25 FORM OF TENDER Sample Only Bid Bond is to be prepared on Bonding Company Letterhead SAMPLE BID BOND $5, No. KNOW ALL MEN BY THESE PRESENTS, that as Principal, hereinafter called Principal, and as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Obligee, in the full and just sum of xx/100 Dollars ($ ), lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED this day of, 20. WHEREAS the Principal has submitted a written tender to the Obligee, dated the day of, 20, for NOW THEREFORE, the condition of this obligation is such that if the Principal shall have the said tender accepted within sixty days from the closing date of the tender call and shall enter into a contract with the Obligee and furnish a Performance Bond and a Labour and Material Payment Bond each in the amount of 100% of the contract and satisfactory to the Obligee or other acceptable security, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the Surety shall not be (a) liable for a greater sum than the specified penalty of this bond nor (b) liable for a greater sum than the difference between the amount of the Principal s tender and the amount of the tender that is accepted by the Obligee nor (c) subject to any suite or action unless such suit or action is instituted and a process therefore served upon the Surety at its Head Office in Canada, within twelve months from the date of this bond. IN TESTIMONY WHEREOF, the principal has hereto set its hand and affixed its seal, and the Surety has caused these presents to be sealed with its corporate seal duly attested by the signature of its authorized signing authority, the day and year first above written. Name of Contracting Company (Co. Seal) Signature Name of Bonding Company (Co. Seal) Signature

26 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 26 FORM OF TENDER Sample Only - Not Required For This Contract SPECIMEN AGREEMENT TO BOND We, the undersigned, hereby agree to become bound as Surety for in a Performance Bond in an amount equal to 50% of the Total Contract Price and a Payment Bond in an amount equal to 50% of the Contract amount, and conforming to the instruments of Contract attached hereto, for the full and due performance of the works shown as described herein if the Tender for is accepted by the Owner. It is a condition of this Agreement that if the above mentioned Tender is accepted, application for a Performance and Payment Bond must be completed with the undersigned within fifteen (15) days of acceptance of the tender related thereto, otherwise this Agreement shall be null and void. DATED this day of, 20. Name of Contracting Company Name of Bonding Company For Contracting Co. Signature of Authorized Person (Seal) Signing for Bonding Company (Seal) Position Position

27 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 27 THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE TENDER BID. Health and Safety Form

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33 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 33 FORM OF AGREEMENT CONCRETE SIDEWALK CONSTRUCTION 2016

34 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 34 FORM OF AGREEMENT THIS AGREEMENT made in triplicate the day of, 2016 BY AND BETWEEN: WITNESSETH hereinafter called the Contractor and The Corporation of the Town of Midland hereinafter called the "Town" That, the Contractor for and in consideration of the payment specified in his Tender for this Work, hereby agrees to furnish all necessary plant, labour and materials, except as otherwise specified, and to complete the said Work in strict accordance with the Contract Documents, all which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied therein. The Contractor further agrees that he will deliver the whole of the Work completed in accordance with the Agreement. IN CONSIDERATION WHEREOF, the Town agrees to pay to the Contractor for all Work done, an amount of: Dollars (exclusive of H.S.T.), as indicated in the Form of Tender or as may be adjusted in accordance with the Contract Documents. The Contractor acknowledges that the above amount contains a contingency allowance of $5, This contingency allowance is not to be construed as money owing to the Contractor but has been added to the tender bid amount to provide for payment of works required to complete the project to the satisfaction of the Town that may not become apparent until the work in the field has commenced. The Contractor acknowledges that the above amount contains a number of allowances for work to be undertaken by others. These allowances are not to be construed as money owing to the Contractor but have been added to the Form of Tender Schedules to provide a budget amount for the project.

35 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 35 FORM OF AGREEMENT THIS AGREEMENT SHALL inure to the benefit of and be binding upon the heirs, executors, administrators, and assigns of the Contractor and on the heirs and successors of the Owner. The Contractor agrees, to the fullest extent permitted by law, to defend (including attorney s fees), pay on behalf of, indemnify and hold harmless The Corporation of the Town of Midland, its elected and appointed officials, employees and volunteers and others working on behalf of The Corporation of the Town of Midland against any and all claims, demands, suits or loss, including all costs connected therewith and for any damages which may be asserted, claimed or recovered against or from The Corporation of the Town of Midland, its elected and appointed officials, employees, volunteers or others working on behalf of The Corporation of the Town of Midland, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract. IN WITNESS WHEREOF, the Contractor and the Town have hereunto signed their names and set their seals on the day first above written. Signed and Sealed by the Contractor, INSERT NAME OF CONTRACTOR HERE in the Presence of: Contractor Signature Witness Name/Position (please type or print) Contractor Signature Witness Name/Position (please type or print) I/We have authority to bind the Corporation Signed and Sealed by, THE CORPORATION OF THE TOWN OF MIDLAND Mayor Clerk Witness

36 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 36 O.P.S. SPECIFICATIONS AND SUPPLEMENTARY SPECIFICATIONS CONCRETE SIDEWALK CONSTRUCTION 2016

37 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 37 O.P.S. SPECIFICATIONS AND SUPPLEMENTARY SPECIFICATIONS INDEX O.P.S. Standard Specifications Page Supplementary Specifications - General Page Remove Existing Sidewalk Page Supply and Place 1.5m Wide Sidewalk Page Supply and Place Ramp Mats Page Topsoil and Sod Page Driveway Restoration (by others) Page General Requirements Page Permits and Fees Page Engineer s Field Office Page Layout Work Page Winter Work Page Materials Supplied by Contractor Page Testing of Material Page Temporary Water and Power Page Existing Utilities and Sewers Page Provision for Traffic Page Town Health & Safety Policy and Procedures Manual Page Excavation Page Dust Control Page Disposal of Materials Page Measurement and Payment Page 47

38 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 38 SPECIFICATIONS STANDARD SPECIFICATIONS The standard specifications applicable to this Contract are the Ontario Provincial Standard Specifications (OPSS) as listed below. These specifications have not been included in this document but copies are available upon request from the Municipal Office. O.P.S.S. 351 CONCRETE SIDEWALKS O.P.S.S. 353 CURB AND GUTTER O.P.S.S. 571 SOD Please note that material and other specifications referenced in the above standard construction specifications have not been specifically listed, however, are deemed to be part of this Contract.

39 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 39 SUPPLEMENTARY SPECIFICATIONS 1.0 SUPPLEMENTARY SPECIFICATIONS - GENERAL The following Specifications apply specifically to the individual items of work listed in the Form of Tender. The purpose of these Supplemental Specifications is to list out the work which shall be performed, or to infer beyond reasonable doubt that the work which is required under an item in the Form of Tender for the Contract Price. The price bid for all work included in the Form of Tender, unless otherwise directed in the following Specifications, shall be compensation in full for the complete supply of all labour and equipment and certain materials necessary to construct the work as specified in, shown in, or is reasonably inferred from, these Contract Specifications and on the Contract Drawing. Asphalt restoration under this contract shall be performed by others. The Contractor shall take care not to damage additional areas outside the area of work. If areas are damaged due to carelessness, the Contractor shall be held responsible for the restoration of these damaged areas. The Contractor's attention is drawn to the presence of underground utilities and utility pole lines on this Contract. It is the Contractor's responsibility to obtain locates of the utilities from the companies involved. The Contractor shall coordinate his work with the Utility firm concerned should there be any bracing, removal or relocation of the pole lines or underground utility required. There will be no payment to the Contractor for any delays due to the relocation of utilities. * All Concrete Sidewalks shall conform to OPSD , and as applicable * All concrete shall be MTO Mix 30MPA with Limestone Aggregate meeting OPS specifications * The concrete shall meet OPSS 1350 with limestone aggregate * In Addition to the OPS Specification, the Town requires that the coarse aggregate be 100% crushed limestone 1.1 Remove Existing Sidewalk (Per Tender Item A.1, B.1, C.1 and D.1) For the unit price bid, the Contractor shall remove and dispose of the existing concrete, asphalt or asphalt over concrete and/or curb from locations described in the Tender Schedules noted above. The Contractor shall make his own arrangements to dispose of the broken concrete, asphalt and other materials. The Contractor shall saw cut (as required) at each end of the sidewalk which is to be removed.

40 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 40 SUPPLEMENTARY SPECIFICATIONS 1.2 Supply and Place 1.5 metre wide Concrete Sidewalk (Per Tender Item A.2, B.2, C.2 and D.2) For the lump sum price, the Contractor shall grade and excavate the area for placement of the new 1.5 metre wide concrete sidewalk. The sidewalk grade shall be 150mm above edge of pavement where possible. For the unit price bid for this item, the contractor shall form, supply all labour, material and equipment and place 1.5 m wide concrete sidewalk at the described locations throughout the Town. The concrete shall be 30mPa MTO mix with Limestone Aggregate, with 7% air entrainment and a maximum slump of 75mm. The Contractor should note that the concrete shall meet OPSS 1350 with limestone aggregate. This item includes all expansion joints, isolation joints, saw cut (contraction) joints, finishing and other sundry works. The unit price shall also include extending any walkways which are adjacent to the sidewalk. The depth of the concrete is to be a minimum of 150mm for the sidewalk and 200mm at commercial entrances. Curb cutting, where/if required, shall be performed by the Town. This work shall conform to OPS Specifications No. 351, 352 and 353. Payment for this item shall be for the actual square metres of sidewalk placed. The Contractors attention is drawn to curing. There has been a surface spauling problem in past years and strict adherence is required to proper curing to prevent spauling. A complete covering of curing compound shall be placed immediately after the concrete has set. Concrete surfaces which spaul after the first winter shall be removed and replaced, at the expense of the Contractor. The unit price bid per square metre under the supply and place 1.5 metre wide concrete sidewalk for this item shall include all labour, material and equipment to supply, place and compact 150mm Granular A meeting OPS Specification The Contractor may choose to cover his costs of excavation under this item as the Granular A shall be used to reinstate excavated sidewalk, curb and roadway areas, as directed.

41 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 41 SUPPLEMENTARY SPECIFICATIONS 1.3 Place Tactile Walking Surface Indicators as a Full Ramp (Tender Items A.3, B.3, C.3 and D.3) As of January 1, 2016, the AODA Compliance for Tactile Warning Plates became effective. For the unit price bid for this item, the Contractor shall supply all labour and equipment necessary to install tactile walking surface indicators at corners and ramps as per Tuftile Installation Instructions (copy attached to drawings specifications). The price bid will include all costs to install a full ramp per the recommended specifications (not to be misconstrued as installation of an individual plate ). Tactile Walking Surface Indicator Warning Plates will be supplied by the Town of Midland. For your assistance, we have included in this document a Conformance Checklist for Curb Ramp and Depressed Curb installations. The following installation guidelines are also applicable to the installation of this item: Exterior paths of travel, curb ramps (1) Where a curb ramp is provided on an exterior path of travel, the curb ramp must align with the direction of travel and meet the following requirements: 1. The curb ramp must have a minimum clear width of 1,200 mm, exclusive of any flared sides. 2. The running slope of the curb ramp must, i. be a maximum of 1:8, where elevation is less than 75 mm, and ii. be a maximum of 1:10, where elevation is 75 mm or greater and 200 mm or less. 3. The maximum cross slope of the curb ramp must be no more than 1: The maximum slope on the flared side of the curb ramp must be no more than 1: Where the curb ramp is provided at a pedestrian crossing, it must have tactile walking surface indicators that, i. have raised tactile profiles, ii. have a high tonal contrast with the adjacent surface, iii. are located at the bottom of the curb ramp, iv. are set back between 150 mm and 200 mm from the curb edge, v. extend the full width of the curb ramp, and vi. are a minimum of 610 mm in depth. (2) In this section, curb ramp means a ramp that is cut through a curb or that is built up to a curb. Exterior paths of travel, depressed curbs (1) Where a depressed curb is provided on an exterior path of travel, the depressed curb must meet the following requirements: 1. The depressed curb must have a maximum running slope of 1: The depressed curb must be aligned with the direction of travel.

42 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 42 SUPPLEMENTARY SPECIFICATIONS 3. Where the depressed curb is provided at a pedestrian crossing, it must have tactile walking surface indicators that, i. have raised tactile profiles, ii. have high tonal contrast with the adjacent surface, iii. are located at the bottom portion of the depressed curb that is flush with the roadway, iv. are set back between 150 mm and 200 mm from the curb edge, and v. are a minimum of 610 mm in depth. (2) In this section, depressed curb means a seamless gradual slope at transitions between sidewalks and walkways and highways, and is usually found at intersections. 1.4 Topsoil and Sod (Tender Items A.4, B.4, C.4 and D.4) For the unit price bid for this item, the Contractor shall supply all labour, material and equipment necessary to supply and place a 150mm depth of topsoil and Number 1 Nursery sod to restore areas adjacent to new sections of sidewalk which are installed and in areas of sidewalk removal, together with watering as required to establish the sod growth. The Contractor shall ensure that satisfactory growth is achieved and all edges abutting existing lawns and concrete sidewalks shall be cut in and finished flush to existing surfaces. This work shall also conform to OPS Specification Nos. 570 and Driveway Restoration (by others) (Tender Item A.5, B.5, C.5 and D.5) Driveway, boulevard and any roadway asphalt restoration will be undertaken by others. The Contractor is to include the allowance specified in the Schedule of Unit Prices in the total amount of their bid. The Contractor understands that this amount is provided for budgeting purposes only and will not be deemed an amount owing to the Contractor under the Tender Agreement.

43 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 43 SUPPLEMENTARY SPECIFICATIONS 2.0 GENERAL REQUIREMENTS 2.1 Locates, Permits and Fees The Contractor shall obtain all necessary locates, permits and approvals required for this contract and pay all respective fees. 2.2 Engineer's Field Office A field office shall not be required for this Contract. 2.3 Layout Work The Town shall provide the bench mark elevations and horizontal alignment for the Contractor. The Contractor shall be responsible for the detailed layout of the work. The Director of Operations shall be notified of any layout work carried out and shall check same if he so desires. Checking of layout or failure to do so on the part of the Director of Operations in no way relieves the Contractor of full responsibility for construction to the proper location, alignment and grade. 2.4 Winter Work Not Applicable 2.5 Materials Supplied by the Contractor The Contractor shall base his Tender on the materials specified as to quality and price. The Contractor may, however, after acceptance of his Tender, request permission to substitute alternative material where "other approved" is allowed in the specification. Should the Director of Operations not approve such alternative material, the Contractor shall have no claim whatsoever against the Owner. 2.6 Testing of Material Testing shall be done by the Town. Any re-testing or coring required, due to inferior materials or workmanship, shall be at the Contractor's expense. The Contractor shall submit samples of Granular materials and the mix designs for concrete and asphalt within two weeks after award of the Contract for approval by the Director of Operations. No material shall be placed until approved.

44 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 44 SUPPLEMENTARY SPECIFICATIONS 2.7 Temporary Water and Power The Contractor shall make his own arrangements for the supply of temporary water and power. 2.8 Existing Utilities and Sewers The Contractor's attention is drawn to the presence of numerous underground and overhead utilities on the Contract. The Contractor shall be responsible for obtaining information in regard to the exact location of buried utilities and sewers including existing service connections. This shall include excavation of inspection holes if necessary. The Contractor must exercise necessary care in construction operations to safeguard utilities and sewers from damage. The Contractor will be liable for all damage to same occurring within or outside the Contract limits caused by his operations. Existing hydro poles, telephone poles and light standards requiring relocation will be relocated by others prior to the start of construction or during construction. The Contractor shall work around such poles until they are relocated. The Contractor is hereby warned that the existing gas mains and telephone cable will remain in their existing locations. Excavation in the vicinity of gas mains and telephone cable may require lighter machines and in some case handwork. If a permanent relocation or replacement of an existing utility or existing sewer becomes necessary during the Work, at the discretion of the Director of Operations, the Contractor shall co-operate with the Owner's forces or the Utility Company to allow them the opportunity to make the necessary alterations to their plant. The Contractor shall be required to provide for maintenance of traffic around work performed by others by means of signs, lights, barricades and flagmen as required. In the event that all necessary permanent relocation of utilities have not been completed prior to the time when the Contractor commences the Work, the Contractor will be required to co-operate with the Utility Companies and work around the utilities so that the existing services are protected until such time as such relocations are completed. No claims for extra payment or for additional Working Days will be allowed for this requirement. It shall be the Contractors responsibility to contact all Utility Companies regarding their scheduling of work.

45 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 45 SUPPLEMENTARY SPECIFICATIONS 2.9 Provision for Traffic The Contractor will be responsible for providing signs, flagmen, etc. as required and will be responsible for maintaining the signs within the limit of the Contract. All signs, flashing lights, etc. as are required by the Town to properly warn the public approaching the Contract site must be his expense. The Contractor shall also erect suitable barricades, signs, snow fence, etc., along travelled traffic (pedestrian or vehicular) lanes, if construction is proceeding adjacent to the travelled lanes. All work shall be done in accordance with the M.T.O. Traffic Control Manual Book 7. No extra compensation shall be paid to the Contractor under this Contract for performing the work in accordance with the requirements described Town Health and Safety Policy and Procedures Manual The Contractor shall ensure that all employees and Sub-Contractors employed under this contract are familiar with the above-titled document. Copies of this document will be made available as required. In addition: 1. The Contractor shall, at all times during the performance of the work, comply with all applicable federal, provincial, or municipal occupational health and safety legislative requirements, applicable regulations, and all applicable industry standard and guidelines pertaining to the work. 2. Where the Contractor employs supervisors and employees, and if the Contractor subcontracts to any Sub-Contractor, the Contractor shall ensure that appropriate policies and procedures relating to health and safety aspects of the work, appropriate training, and appropriate monitoring and enforcement of safety aspects of the work are carried out respecting supervisors, employees and any Sub-Contractors. 3. The Contractor of a tendered document shall submit a work site safety program for control and supervision of all health and safety requirements at the work site to the Town of Midland for review prior to the commencement of work. After review of the safety program by the Town of Midland, it is understood that the Town of Midland shall not be involved in reviewing any aspect of safety compliance at the work site, and that the Contractor shall be solely and exclusively responsible for controlling the work site and taking all necessary steps to ensure conformity by all supervisors, employees and any subcontractors with applicable requirements to ensure the safety of the work.

46 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 46 SUPPLEMENTARY SPECIFICATIONS 4. The Contractor shall be solely responsible for the means, methods, techniques, sequences, procedures or coordinating the work performed under the work being hired to perform. The Contractor shall be solely responsible for ensuring that all supervisors, employees and any subcontractors are informed of all known or foreseeable health and safety hazards at the work location. 5. The Contractor shall be solely and exclusively responsible for selection of subcontractors at the work site. 6. The Town of Midland shall have access to the work site for the purpose of inspecting the work site to determine compliance with the terms of the tendered document or work being performed, at any time. It is understood that such access by the Town of Midland representatives is not for the purpose of reviewing any health and safety aspect of the work or work site. 7. The Contractor agrees to indemnify and save harmless the Town of Midland, its officers, directors, employees and agents from any liability, action, claim, prosecution, suit, loss, damages, payment cost, fine, fine surcharge, recovery of expense, including assessable legal fees, arising out of the performance of its obligations under this contract, including any negligent act or omission on its behalf or anyone for whom it is in law responsible Excavation All excavation shall be included in the unit price bid for each item. If the Contractor over excavates or damages adjacent property for the purpose of increasing quantities, the Town shall reduce payment accordingly Dust Control The Contractor will be responsible for dust control at all times during construction. The Contractor shall make provision for maintenance of the roadway during weekends and other non-working days Disposal of Materials The Contractor shall dispose of all unsuitable or surplus material at his own cost.

47 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 47 SUPPLEMENTARY SPECIFICATIONS 2.14 Measurement and Payment No measurement of quantities will be made for the General Work. No direct payment will be made for any of the General Work. The Contractor shall allow in his prices bid in the Schedule of Unit Prices for the cost of all General Work described herein or specified elsewhere in the Contract. Payment for general or incidental work is deemed to be included within the items listed in the Schedule of Unit Prices.

48 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 48 STANDARD DRAWINGS CONCRETE SIDEWALK CONSTRUCTION 2016

49 CONCRETE SIDEWALK CONSTRUCTION 2016 PAGE 49 STANDARD DRAWINGS O.P.S.D CONCRETE SIDEWALK (attached hereto) O.P.S.D CONCRETE SIDEWALK ADJACENT TO CURB AND GUTTER (attached hereto) O.P.S.D CONCRETE SIDEWALK RAMPS AT INTERSECTIONS (attached hereto)

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