GRAFFITI REMOVAL SERVICES PENINSULA HALIFAX Tender No

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1 HALIFAX REGIONAL MUNICIPALITY (HRM) GRAFFITI REMOVAL SERVICES PENINSULA HALIFAX Tender No TENDER OF: ADDRESS: CONTACT NAME: ADDRESS: TELEPHONE: FAX #: GST REGISTRATION #: The Halifax Regional Municipality invites tenders for the provisions of Graffiti Removal Services for Transportation & Public Works (TPW) on a monthly and as requested basis by HRM s TPW s -, Road Operations and Construction(ROC) and their delegated representative for up to thirty six (36) month period from the award of the tender in accordance with specifications annexed hereto. Instructions to Bidders: 1. This form must be used for tabulation purposes. Specification sheets form part of tender and must not be removed. These terms and conditions apply to this tender. In instances where the specifications contradict these terms and conditions the specifications shall take precedence. 2. All tenders must be accompanied by manufacturer s literature describing, in detail, the equipment bid upon. 3. ONLY FIRM TENDER PRICES WILL BE CONSIDERED. 4. The HRM intends to only contract with responsible bidders who are in the business of providing the goods and/or services bid upon and can provide proof that they can furnish satisfactory performance based on past work experience with the HRM, other companies, or government agencies, and have the financial, managerial, and resource capabilities for the size of project bid upon. Satisfactory performance includes meeting all of the requirements of the various federal and provincial regulations and agencies for completion of work and making payments to subcontractors in a timely basis. The evaluation process may include reference checks, third party credit checks, site visits, and/or your firm may be asked to allow the HRM to complete personal credit and/or criminal record checks if company information is not available or adequate. Bidders found unacceptable during the evaluation process will not be given further consideration.

2 Instructions to Bidders Failure to comply with #1, 2, 3, and 4 above will result in rejection of your bid. 5. Delivery: Delivery of Services shall be the essence of the tender 6. Contract Administration: Any questions with respect to the specifications must be directed in writing to Don Pellerine via , pellerd@halifax.ca, or fax (902) ; Office Telephone - (902) Questions with respect to the tender process should be directed to Gary Carpentier, Senior Procurement Consultant, via , carpeng@halifax.ca, or fax (902) , Telephone (902) Instructions and Forms: Instructions and forms may be obtained in person from Halifax Regional Municipality Procurement Office, Suit 103Alderney Gate, 40 Alderney Drive, Dartmouth, NS B2Y 2N5. All tenders are to be submitted in sealed, clearly identified plainly marked envelopes. 8. Closing Date: SEALED Tenders must be in the Office of the Procurement Manager, Suit 103 Alderney Gate, 40 Alderney Drive, Dartmouth, NS B2Y 2N5 2:00 p.m. local time, July 31, Public opening of Tenders will be held immediately following the closing of the tendering period, as defined above, in Conference Room, Suit 103Alderney Gate, 40 Alderney Drive, Dartmouth, Nova Scotia. 10. Questions: Any questions concerning this Tender will be directed to HRM staff as identified in Clause 6., Contract Administration. 11. Tender Time Limit: Each contractor submitting a tender shall agree that the tender shall be valid for 60 days from the closing date, the closing date being considered the first day the tender is valid until 12 o'clock noon the 60th day. Page 2

3 Supplementary Terms And Conditions SUPPLEMENTARY TERMS AND CONDITIONS: 1.0 Liquidated Damages The bidder agrees that should they fail to complete the Contract within the specified time, or specified time as amended, they agree that damage will be sustained by the HRM and that it is and will be impracticable and extremely difficult to ascertain and determine the exact actual damage which the HRM will sustain in the event of and by any of such delay and reason we agree to pay the HRM the sum of five hundred dollars ($100.00) for Liquidated Damages, and not as a penalty, for each and every calendar days delay in finishing the work in excess of the agreed upon Date of Completion of the work. They agree that this amount is a reasonable estimate of the actual damage to the HRM which will accrue during the period in excess of the agreed upon Date of Completion of the work. Liquidated Damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or alternative that may be available to the HRM. 2.0 Instruction to Bidders.1 The Halifax Regional Municipality invites tenders for the provisions for Graffiti Removal Services for Transportation & Public Works (TPW) on a monthly and as requested basis by HRM s TPW s, Municipal Operations and their delegated representative for up to a thirty six (36) month period from the award, in accordance with specifications hereinafter specified..2 All bidders must provide with their bids full information sheets outlining all areas where they meet or exceed our specifications..3 Bidders must be prepared to enter into a contract with the Halifax Regional Municipality.4 Without restricting the generality of Indemnification the Contractor (Named Insured) will provide and maintain insurance in accordance with the following minimum criteria: (A) General Conditions All Insurance: i) The policies will be in the joint names of the Contractor (Named Insured), and the Sub-Contractors) having a direct contract with the Contractor as unnamed insured or, if any specifically request, as Named Insured s. The Halifax Regional Municipality (HRM) will be added as an additional insured under this agreement. ii) The policies will be primary to any other coverage with the same terms and conditions held by the named, additional and unnamed insured s. Page 3

4 Supplementary Terms And Conditions iii) All insurance shall be maintained continuously while this contract is in force. iv) If any Contractor or Subcontractor fails to furnish HRM with a certified copy of each policy required to be obtained hereunder or if after furnishing such certified copy of the policy it lapses, is cancelled, or is materially altered, then in every such case HRM, without the obligation to do so, shall obtain and maintain such insurance in the name of such Contractor or Subcontractor. The cost thereof shall be payable by the Contractor or Subcontractor to HRM on demand, and HRM may, at its election, deduct the cost thereof from any monies which are due or may become due to such Contractor or Subcontractor. All such policies furnished under this agreement shall be provided to HRM before commencement of work by the party required to provide same, in a form and with an insurer(s) satisfactory to the Owner. Any review of such insurance by the Owner shall not be an acknowledgement that the terms of this agreement have been fulfilled. v) The Contractor and Subcontractors, as applicable, shall be responsible for any deductible amounts under any policies purchased with respect to this Contract. vi) Each policy required to be placed by the Contractor or Subcontractor shall state that it cannot be cancelled, lapsed or materially altered without at least 30 days written notice to the HRM s Risk Manager or designated person. vii) All insurance policies required by this Contract shall be in a form and with an insurer satisfactory to HRM. The review by HRM of any insurance policy required by this Contract shall in no way relieve the contractor or Subcontractor of its obligations to provide the insurance referred to in this Contract, nor shall it imply that HRM agrees that the Contractor or Subcontractor has fulfilled its obligations under this Contract. B) Commercial General Liability Insurance. This insurance will be subject to limits of not less than Two Million Dollars ($2,000,000) inclusive per occurrence for bodily injury, death and damages to property including loss of use thereof, and including but not limited to coverage for: C) Automobile Liability Insurance. The Contractor and all subcontractors shall provide automobile liability insurance in respect to owned licensed vehicles subject to limits of not less than Two Million Dollars ($2,000,000) inclusive. Page 4

5 Supplementary Terms And Conditions.5 Bidders to submit names of references to any similar contract held recently..6 All bidders must submit bids on our bid sheet attached..7 The Halifax Regional Municipality reserves the right to accept or reject any or all tenders or to accept the tender deemed to be in the best interest of HRM..8 The contractors or subcontractor working with the contractor should be prepared to meet security clearance standard set by HRM..9 This agreement may be terminated by the Halifax Regional Municipality at its sole and absolute discretion upon thirty days written notice to the Contractor..10 This agreement shall not be assigned by the Contractor without the written approval of the Halifax Regional Municipality which shall have absolute discretion in the matter. Page 5

6 STANDARD TERMS AND CONDITIONS FOR GOODS AND SERVICES 1. The goods and services described in this tender and any subsequent contract are subject to the following terms and conditions and the Vendor agrees to be bound by and comply with all such terms and conditions. 2. These Standard Terms and Conditions are meant to supplement but not supersede the terms and conditions of any competitive bid document, contract or agreement. In the event of a conflict or inconsistency, the terms and conditions of the competitive bid document contract or agreement, will govern. 3. These instructions, the specification, terms and conditions of the bid document and the terms and conditions in this document are intended to bind the contractor and Halifax Regional Municipality. All such Terms and Conditions are deemed material and cannot be varied, altered or changed by implication, waiver or any means, other than an express written agreement signed by both parties. With submission of a bid, the contract shall be solely enforced and executed as per the terms and conditions, clauses, and specification in the bid document. ANY COUNTER-OFFERS OR CHANGES OF TERMS PROPOSED BY THE VENDOR ARE HEREBY REJECTED, UNLESS SPECIFICALLY AGREED TO IN WRITING BY THE HALIFAX REGIONAL MUNICIPALITY. 4. Instructions to Bidders 4.1 To be accepted, submissions are to be submitted on the posted solicitation document provided. 4.2 All bids are to be returned on or before the time designated on the tender to: Halifax Regional municipality, c/o Operations Manager of Procurement PO Box 1749 Suite 103 Alderney Gate, 40 Alderney Drive, Dartmouth, NS B2Y 2N All bids (and / or queries) must reference the collective number (ie: ) 4.4 It is the responsibility of the bidder to ensure that the submissions are delivered on time and that the name and number of the bid is clearly displayed on a label on the outside of the document. 4.5 The official time for closings shall be Atlantic Time as recorded by the HRM Procurement Staff receiving the document at HRM Purchasing Department. It is the vendor s responsibility to ensure that their submission meets HRM Official Time deadlines. Couriers noted time on deliveries is not official. 4.6 All costs are to be quoted including shipping to the location specified on the Procurement Document. All costs shall be FOB Destination Freight PPD and offloaded. FREIGHT 4.7 The Municipality will assume no responsibility for any oral instructions or

7 Standard Terms & Conditions for Goods & Services suggestions. Any correspondence related to this Tender is to directed to or issued by the Operations Manager of Procurement or their designate. Statements made by other persons, HRM employees or not, will have no consequence. 4.8 No term or condition shall be implied, based upon any industry or trade practice or custom, any practice or policy of the Owner or otherwise, which is inconsistent or conflicts with the provisions contained in these conditions. 4.9 The Halifax Regional Municipality specifically reserves the right to accept or reject any or all bids or to accept any bid or portion thereof. The Halifax Regional Municipality reserves the right to cancel this tender in its entirety and shall not be responsible, in any manner, for expenses incurred by the contractor for preparing a submission. The Halifax Regional Municipality may award all or a portion of the work to one or more contractors Without limiting the generality of any other provision hereof, the Halifax Regional Municipality reserves the right to reject any bid: a. that contains any irregularity or informality b. that is not accompanied by the security documents required c. that is not properly signed by or on behalf of the bidder d. that contains an alteration in the quoted price that is not initialed by or on behalf of the tendered e. that is incomplete or ambiguous, or f. that does not strictly comply with the requirements contained in these instructions 4.11 The Municipality, in evaluating a bid will be guided by the following: Where the bids submitted in response to an invitation to bid are higher than the estimated contract value, bids shall not necessarily be invalidated for this reason If the lowest competent bid is within 15% of the estimated contract value, the contracting authority may choose to: (a) (b) Award the contract for the bid amount. Negotiate changes in the scope of work with the lowest competent bidder (Within the framework of the original tender call, including all subcontractors listed) to achieve an acceptable contract price. If negotiations fail, the Page 7

8 Standard Terms & Conditions for Goods & Services contracting authority can make changes to the scope of work and re-tender the work If the lowest competent bidder is greater than 15% over the estimated contract value, the contracting authority may choose to: (a) (b) Award the contract for the bid amount. Make major changes to the scope of work (10% of the estimated contract value or greater) and re-tender the work.(c) Make minor changes to the scope of work (less than 10% of the estimated contract value) and negotiate changes with the lowest competent bidder to achieve an acceptable contract price. If negotiation fails, the contracting authority can make changes to the scope of work and re-tender Application of and is subject to budget availability 4.12 Notwithstanding the foregoing, the Halifax Regional Municipality shall be entitled, in its sole discretion, to waive any irregularity, informality, or nonconformance with these instructions in any bid received by the Halifax Regional Municipality impose Any tender or bid represents an irrevocable offer and shall be valid for a period of 90 days following the closing date for submissions Unless otherwise requested by the Halifax Regional Municipality and noted on the tender, prices are to be listed in Canadian Dollars Bidders will be deemed to have familiarized themselves with the existing conditions which may affect the performance of required goods and / or service. No plea of ignorance of such conditions as a result of failure to make all necessary examinations will be accepted as a basis for any claims for extra compensation or an extension of time. Bidders are to ensure that they understand the expected use for the requested product or service and submit their bid accordingly Unless qualified by the provision "NO SUBSTITUTE", the use of the name of a manufacturer, brand, make or catalogue designation in specifying an item does not restrict tenderers to that manufacturer, brand, make or catalogue designation identification. This is used simply to indicate the character, quality and / or Page 8

9 Standard Terms & Conditions for Goods & Services performance of the commodity desired, but the commodity on which bids are submitted must be of such character, quality and / or performance that it will serve the purpose for which it is to be used as well as that specified. If the supplier is offering an equivalent or substitute product to those specified, the supplier must clearly identify this substitution and supply the manufacturer s name, product number and provide any technical information required so that the Halifax Regional Municipality can judge the acceptability of the substitute. Consideration will be given to bids submitted on alternate commodities to the extent that such action is deemed to serve the best interests of the Municipality. The Municipality shall be the sole judge of the acceptability of any substitute or proposed alternative or equivalent. If the tenderer does not indicate that the commodity he proposes to furnish is other than specified, it will be construed to mean that the tenderer proposes to furnish the exact commodity as described in the tender The Municipality intends to only contract with responsible bidders who are in the business of providing the goods and / or services bid upon and can provide proof that they can furnish satisfactory performance based on past work experience with the HRM, other companies, or government agencies, and have the financial, managerial, and resource capabilities for the size of project bid upon. Satisfactory performance includes meeting all of the requirements of the various federal and provincial regulations and agencies for completion of work and making payments to subcontractors in a timely basis. The evaluation process may include reference checks, third party credit checks, site visits, and / or your firm may be asked to allow The Municipality to complete personal credit and or criminal checks if company information is not available to adequate. Bidders found unacceptable during the evaluation process will not be given further consideration The Halifax Regional Municipality is subject to the Freedom of Information and Protection of Privacy provisions contained within the Municipal Government Act at Part XX. This can be found online at: Any document submitted to the Municipality in response to this tender is subject to this legislation and Respondents should be aware that any member of the public is entitled to request a copy of the document. In response to such a request, the Halifax Regional Municipality may be required to disclose some or all of the information in accordance with the criteria set out in the legislation, including sections 462, 480 and 481(1). The Halifax Regional Municipality is also subject to the Personal Information International Disclosure Protection Act. This can be found online at: The Act creates obligations for the Halifax Regional Municipality and its service providers when personal information is collected, used or disclosed. Requirements include limiting storage, access and disclosure of personal information to Canada, except as necessary or Page 9

10 Standard Terms & Conditions for Goods & Services otherwise required by law In compliance with section 5(1) of the Personal Information International Disclosure Protection Act (PIIDPA), The Municipality is required to ensure that any person information in its custody or control, which includes personal information that may be held by any of its service providers, is stored and accessed only within Canada, unless the storage of or access to the information outside of Canada is to meet the necessary requirements of its operations. The respondent, if successful, will become the service provider and will be subject to this legislation. As such, the respondent must clearly identify whether they are able to meet the PIIDPA requirements of storage of and access to personal information only within Canada. The proposed solution must not permit the collection, use and/or disclosure of any personal information (as defined by section 461(f) of the Municipal Government Act) without the consent of the individual. In the event that the Canadian vendor is acquired by a non-canadian company, the Canadian vendor would no longer comply with the requirements of PIIDPA. Prior to the completion of any such acquisition, the Canadian vendor shall notify The Municipality of the proposed acquisition. The Canadian vendor agrees, at no cost to The Municipality and upon reasonable notification from The Municipality, to provide to The Municipality all HRM data in electronic format, and to completely purge all HRM data, including backups, from the Canadian vendor s possession prior to the completion of the acquisition. A certificate from an independent third party verifying that all data, including backups, has been purged shall be provided to The Municipality prior to the acquisition of the Canadian vendor by a non-canadian company. Acceptable third parties include professional accountants, certified auditors and IT professionals Any addenda issued for this Tender must be initialed by the bidder and affixed to your bid in order to be eligible for consideration. It is the vendors responsibility to monitor the HRM website and download addenda posted. Addenda must accompany the original document upon submission by the closing date For sealed bids, amendments may be faxed only to (902) You may state price increase or decrease by percentage or dollar value, but you may not state price. Amendment must be received by the Contract administrator prior to public opening By submitting a bid, the bidder represents and warrants that such a bid is genuine and not false and collusive or made in the interest or in behalf of any person therein named, and that the bidder has not, directly or indirectly, induced or solicited any other bidder to put in a false bid, or any other person, firm or Page 10

11 Standard Terms & Conditions for Goods & Services corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure the bidder an advantage over any other bidder. If at any time it shall be found that the person, firm, or corporation to whom a contract has been awarded has in presenting any bids, colluded with any other party or parties, then the contractor so awarded shall be liable to The Municipality for all loss or damage which the municipality may suffer thereby; and the municipality may advertise for a new contract and for said labour, materials, equipment, supplies, or service It is the responsibility of the bidder to ensure that bids include all taxes, permits, and other charges required to supply the goods and services. The successful bidder is to comply with all codes, regulations, and bylaws and all government and applicable standards pertaining to the work and jobsite including and not limited to the Nova Scotia Occupational Health and Safety Act and Regulations. The Halifax Regional Municipality is required to pay a Harmonized Sales Tax (HST) at a rate of 13% (15% as of July 1, 2010). This tax is to be shown as a separate amount The Municipality reserves the right to cancel this solicitation at their discretion with no penalty The bidder shall direct all questions regarding this solicitation or the project to the individuals identified in this solicitation document. Any attempt on the part of the Proponent or any of its employees, agent, contractors or representatives to contact any of the following persons with respect to this solicitation or the Project without express written permission may lead to disqualification: (a) Any member of the evaluation team (except those mentioned in this document) or any expert advisor to them; (b) Any member of Council; and (c) Any member of HRM staff 4.26 Halifax Regional Municipality does not maintain a vendors list. All HRM no charge / no attachment solicitations will be available for download from our website at Bidders are responsible to check this website for addenda which may be posted for any solicitation. Solicitation documents must be obtained from procurement services, either from the website or from the procurement office. Documents obtained by any other means may not be eligible All purchases made by The Municipality are subject to the Halifax Regional Municipality Procurement Policy - Administrative order 35. This document is available on the HRM website. By submitting a response to this solicitation the Page 11

12 Standard Terms & Conditions for Goods & Services supplier acknowledges that the award of this contract is subject to the terms and conditions of that policy and the supplier agrees to comply with all of the Terms and Conditions The Municipality reserves the right to accept bid(s), in whole or in part, deemed to be in the best interest of The Municipality. Lowest, or any bid, not necessarily accepted A purchase order will be issued by the Procurement Office for all services performed under this contract prior to the actual services being started. 5. General Conditions 5.1 Payment The Contractor shall display the complete Purchaser Order number and SAP material numbers (where indicated on Purchase Order). prominently on all packages, invoices, correspondence, customs documentation, bills of lading and packing slips and ensure that packing slips accompany all shipments Contractors outside Canada shall provide Canada Customs Invoices with completed, acceptable shipment documentation to the Customs broker Unless otherwise stated, The Municipality shall pay to the Contractor all amounts in Canadian funds net thirty (30) days from invoice receipt or satisfactory delivery of goods or services, whichever is later, unless otherwise noted on the Purchase Order. Term discounts will be calculated from the same date The price indicated on the Purchase Order is the total cost and includes all fees and charges of any kind, including patent, permit, inspection, royalty and license fees, charges for crating, boxing, cartage and re-stocking and government tax levies, unless otherwise stated on the Purchase Order All applicable taxes are specified on the Purchase Order. If Harmonized Sales Tax applies, the Contractor agrees to invoice in accordance with the Excise Tax Act and include a valid business registration number on the invoice All packing slips and invoices must reference the HRM material number Page 12

13 Standard Terms & Conditions for Goods & Services Invoice can not accompany the shipments, must be sent by the vendor directly to or by electronic format Halifax Regional Municipality, PO Box 1749, Halifax, NS B3A 3J5, Attn: Accounts Payable The Municipality administers its payables via an electronic payment process. Payments for this solicitation and following contract will be administered via the electronic payment process. Upon award, Contractor(s) must send payables information to 5.2 Assignment The Contractor will not assign or subcontract the Purchase Order or any part thereof, without the prior written approval of the Municipality which approval may be withheld by The Municipality in its sole discretion or may be given subject to such terms and conditions as the Municipality may enforce. 5.3 Indemnification The Contractor shall indemnify and hold harmless the Halifax Regional Municipality, their agents, representatives and employees from and against all claims, demands, losses, costs, damages, actions, suits or proceedings arising out of, or resulting from the performance of this work, provided that any such claim is caused in whole or in part by the negligent act or omission of the Contractor, any Subcontractor, supplier, licensee, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them is liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 5.4 Inspection The Halifax Regional Municipality reserves the right to inspect any material, service or goods which are ordered as a result of this tender and shall be the sole judge as to the acceptability of the goods and or service to meet the needs of the Halifax Regional Municipality and fulfills the requirements as specified. Upon request vendor to provide sample of the products within 3-5 working days for internal quality and suitability approval by the end users, prior to award. These will be shipped Fob destination freight prepaid -offloaded. 5.5 Patent right and royalties Page 13

14 Standard Terms & Conditions for Goods & Services The successful bidder shall pay all royalties and patent license fees required for the performance of the work. The successful bidder shall hold the Halifax Regional Municipality harmless from and against claims, demands, losses, costs, damages, action suits or proceedings arising out of the successful bidder s performance of the contract which are attributable to an infringement or an alleged infringement of a patent of invention by the successful bidder or anyone for whose acts the successful bidder may be liable. 5.6 Right to offset The contractor agrees that the Halifax Regional Municipality may apply payments for work completed, services supplied and / or goods supplied, to any amount owing to the Halifax Regional Municipality by the contractor or supplier including any related administration fees. 5.7 Delivery Time is of the essence and the Contractor shall deliver the goods and services contemplated by the Purchase Order in strict accordance with the delivery date, quantity and the requirements as specified on this Purchase Order and Standing Offers and any attached specifications. Where a delivery date is stated, delivery by such date is regarded as of the essence of the contract. Failure on the part of the Contractor to complete by the stated delivery date for reasons other than those beyond his control, will entitle The Municipality to any one or combination of the following remedies: (a) Cancel the order without incurring or being liable for any costs, fees, charges or surcharges of any kind whatsoever. (b) Reassign the contract and charge the original Contractor with all incremental costs involved. 5.8 Value of Goods/Work The Municipality makes no guarantee of the value or volume of goods or work to be assigned to the Contractor. The Purchase Order is not an exclusive contract for the provision of the goods and/or services listed. The Municipality may contract with others for the same or similar goods and/or services to those described or may obtain the same or similar internally. 5.9 Force Majeure In the event of strikes, accidents or unexpected events causing stoppage of work, The Municipality reserves the right to suspend the application of the Purchase Order. Page 14

15 Standard Terms & Conditions for Goods & Services 6 Goods 5.10 Integration This Contract is to be construed and governed by the laws of the Province of Nova Scotia The Municipality reserves the right to remove Contractors due to quality of work and / or service. Contractors will be notified of any problems in writing from HRM Procurement and given the opportunity to respond. The Municipality can then determine if Contractor should be removed from the qualified Contractors list for that service. The Municipality shall be sole judge in this matter Halifax Regional Municipality wishes to be a leader with respect to integration of sustainable and environmental procurement practices. The Municipality has the following requirements: 1. Maximization of electronic administration to minimize paper usage; 2. Supplier adoption of anti-idling program for vehicles operating in The Municipality; 3. The Municipality does not wish to encourage the purchase of products manufactured where children are used as slave labor or other exploitive circumstances which impede child development. With submission of a bid, bidders are to confirm that the goods offered are not made in factories where these conditions exist. 4. The Municipality reserves the right to audit any environmental claims, certification, or statements made within the Contractors submission 5.13 Contractors may be evaluated annually on their performance. Areas of Contractor performance evaluation include: Contractor Personnel, Project Management, Safety, Environment, Equipment, Materials, Warranty, and Administration. These evaluations may be used for qualifications on future HRM tenders. 6.1 The Contractor warrants that the shipping and handling of designated products and/or hazardous materials will be made in accordance with the applicable Federal, Provincial and Municipal laws and regulations in force at the time of shipment. Workplace Hazardous Materials Information System, Material Safety Data Sheets, must be provided with the product supplied, as defined under the federal Hazardous Products legislation and provincial WHMIS legislation. Dangerous goods shall be shipped only in compliance with Canadian Transportation of Dangerous Goods (TDG) Regulations, Hazardous Materials Regulations, and all other environmental laws, rules, regulations and procedures, where applicable. All controlled products supplied to the Halifax Regional Page 15

16 Standard Terms & Conditions for Goods & Services Municipality must have approved WHMIS supplier labels. Material Data Safety Sheets must also be supplied. Failure to comply with this requirement will result in rejection of any shipment, and may result in cancellation of the order and the return of goods to the supplier at the supplier s expense. MSDS sheet must accompany each shipment 6.2 Contractors are responsible for adherence to all Canada Customs rules and regulations. Any and all errors and / or omissions which become apparent which result in penalties to the Halifax Regional Municipality will result in the deduction of the value of those penalties from the Contractors invoice(s), so as the Halifax Regional Municipality may recover such losses. 6.3 Delivered goods and services are in accordance with the quantity and the requirements as specified in the Purchase Order and any attached specifications and are subject to inspection and approval, following delivery for a period of not less than sixty (60) days, notwithstanding prior payment. In the event any discrepancy of the order or if the goods are rejected by The Municipality, in its sole discretion, The Municipality is entitled to return such goods at the Contractor s expense and the Contractor shall credit The Municipality accordingly within fifteen (15) days of return of the goods. 6.4 Notwithstanding delivery of goods, title to the goods remains with the Contractor until The Municipality has inspected and approved the goods or sixty (60) days has passed after delivery without The Municipality rejecting the goods. 6.5 The Contractor represents warrants and covenants that the delivered goods do not infringe any patent, copyright, trademark or other intellectual or industrial property right. 6.6 The Contractor represents, warrants and covenants that the goods are new, unused, free of defects or deficiencies in design, materials or workmanship, conforming to all manufacturer and City specifications and are fit for their ordinary purposes, unless The Municipality has made a particular purpose known to the Contractor, in which event the goods are fit for that particular purpose as well. 6.7 The Contractor warrants that all electrical and electronic components and equipment supplied under this Order shall be approved in accordance in the Nova Scotia Electrical Safety Code and must certified so the intended use of the equipment in Canada by certified organization accredited to the Standards Council of Canada Act. Page 16

17 Standard Terms & Conditions for Goods & Services 6.8 In the event of any breach of warranty at law or pursuant to the Purchase Order by the Contractor, at any time during the one (1) year warranty period or manufacturer s warranty period, whichever is longer, the Contractor shall, at The Municipality s option, repair or replace the goods with an equivalent or better product at no additional cost to The Municipality within fifteen (15) days of The Municipality s notification to do so. 6.9 Upon delivering the product, the supplier shall obtain a signature / proof of delivery, of which a copy shall accompany the invoice. 7 Standing Offers 7.1 Quantities and gross value shown are estimated only and The Municipality does not guarantee to buy any specific quantities or dollar value but reserves the right to exceed the quantities. The Municipality reserves the right to offer agreements to multiple Contractors at its sole discretion. 7.2 Halifax Regional Municipality reserves the right to cancel an agreement within thirty (30) days written notice at their discretion with no penalty. 7.3 Halifax Regional Municipality reserves the right to extend this offer to other governmental boards, agencies or commissions to whom The Municipality may provide procurement assistance. 7.4 This solicitation is intended to establish units prices on an as needed basis. There is no commitment, implied or stated, of any volume on the subsequent Standing Offer. 7.5 Halifax Regional Municipality does not for the delivery or pick up of cores, receptacle, ( drums, cubes pallets) or warranty items, all freight must be paid by the supplier. HRM does not pay pallet charges unless otherwise stated. 7.6 Any additional charges incurred by the HRM due to the vendors inability to provide goods or services at he quality and time quoted on the standing offers will be charged to the vendor by HRM. 7.7 Standing offers, the may not be bases sole on price, product meeting specification of the end users requirements,warranty and availability. Decision may be based on an item by item basis or per total depending what is in the best interest of the municipality. Stores does have limited space, HRM makes no Page 17

18 Standard Terms & Conditions for Goods & Services guarantee quantities to be purchased on stores agreement. HRM may add to or consolidate standing offers as the needs arise. 7.8 If there is compatibility issues to equipment being provide to work in conduction with the goods stock as part of the standing offer. Vendor will be responsible to provide the equipment for the length of the contract at no additional charge. At the end of the contract, vendor take back the equipment and HRM can return any remaining inventory at the end of the contract that is specific to that equipment with no restocking charges unless otherwise stated. 7.8 Compatibility issues to present equipment, if there is a compatibility issue to do business with HRM, vendor will provide any hoses, nozzles etc. at no additional charges. 7.9 Any and all request for change to a standing offer must be made in writing to the Procurement contact. If a vendor wants to request to offer a substitute product other than the one originally quoted on the standing offer they must request written permission to and technical information required HRM will be the sole judge if the substitute shall be acceptable HRM reserves the right to return any goods that are deemed to be unsuitable or unsafe HRM has 24 hour operations and provides services to EMO; All standing offers must have emergency contact numbers for evenings and weekends Please quote as specified, You must quote unit price as specified ( no minimum order quantities ) vendor can advise of EOQ and volume discounts. All parts orders shipped must have parts labeled with SAP material numbers Standing offers for storerooms are for material stocked by the HRM for use as and when required. The are not specifically for immediate consumption, therefore the HRM explicitly request acknowledgment that all suppliers or manufacturer warranties and core return date restriction or validity periods be based on a the date of installation in HRM equipment or consumption by HRM end users. Page 18

19 Standard Terms & Conditions for Goods & Services 8 Services 8.1 The Contractor represents that it has the expertise, experience, facilities, skilled personnel, management and knowledge necessary or required to deliver the services in a competent and professional manner. The Contractor understands that The Municipality is relying upon this representation in issuing the Purchase Order 8.2 The Contractor shall: (a) Perform all work in a good and workmanlike manner to the full satisfaction of The Municipality; (b) Comply with all applicable by-laws, polices, procedures, guidelines and rules of The Municipality; and (c) Supervise their workers, consultants, agents and subcontractors to ensure they conform to the requirements of the service, specifications and the terms and conditions of the Purchase Order. 8.3 Prior to commencing the work, the contractor shall provide a current clearance letter from the Workers Compensation Board and must maintain this coverage during the whole term of the contract. The Municipality will only enter into contracts with firms that provide WCB coverage. It will be the responsibility of the principal contractor to ensure coverage is in place for their employees of any of their sub-contractors. Individuals not covered by WCB are not permitted on HRM property. 8.4 At any time prior to or during the term of the contract, when requested by the Owner, the contractor shall provide current and valid letter of good standing issued by an audit firm endorsed by Workers Compensation Board to audit for the type of work covered by this tender. The letter must indicate that the tenderers current standing fall into one of the following categories: *Certificate of Recognition *Audit Pending *In the Process Where the proponent has not yet obtained a Certificate of Recognition, the proponent must submit a letter from the WCB endorsed firm indicating that the proponent is in the process (maximum of 6 months) of obtaining the Certificate of Recognition. In the process has been defined as the completion of the four mandatory courses (Safety Basics, Safety Orientation, Safety Audit and Leadership) and completion of required Occupational Health and Safety Act (ie WHMIS, TDG, etc) and for a period of no greater than six (6) months). 8.5 The Contractor shall provide the project manager with timely updates. Work Page 19

20 Standard Terms & Conditions for Goods & Services undertaken on a Time and Materials basis required the Contractor to submit (as a minimum) weekly updates on all issued time and materials work. These updates shall include: hours and cost to date, remaining costs expected and projected completion. These updates shall be submitted to the Contract Manager / Supervisor. 8.6 Service performed by a Consultant is as an independent contractor and neither an agency, partnership nor employer-employee relationship is intended or created by this Purchase Order or Agreement. 8.7 Contractor shall provide, upon request of The Municipality from time to time, staff knowledgeable about the delivery of the services for consultation with a representative or representatives of The Municipality. The Municipality shall provide, upon request of the Contractor, a representative or representatives of The Municipality to consult with the Contractor with respect to the services being delivered by the Contractor pursuant to the Purchase Order. 8.8 The Contractor authorizes The Municipality, its employees, representatives and agents to enter at all reasonable times, any premises used by the Contractor in connection with the provision of services pursuant to the Purchase Order, in order to: (a) Observe and evaluate the services provided under the Purchase Order; and (b) Inspect all records, documents and invoices relating to the services provided pursuant to the Purchase Order. 8.9 The Municipality may terminate the Purchase Order upon thirty (30) days notice in writing, and without any further liability, in the event The Municipality, in its sole discretion, determines that the Service Provider has neglected, failed or refused to proceed promptly with the Services contemplated to be provided by the Service Provider pursuant to the Purchase Order or contravened any of the Service Provider's obligations hereunder The Municipality will be the owner of the intellectual property rights, including patent, copyright, trademark, industrial design, and trade secrets in any product developed through this contract. Licensing and marketing rights to the developed product will not be granted in this contract The contractor shall provide supporting documentation that support personnel are certified. This includes bonded or security clearance of personnel working within The Municipality facilities to perform the required services of maintenance and support. The Municipality reserves the right to perform a security clearance check Page 20

21 Standard Terms & Conditions for Goods & Services on all contractor and sub-contractor personnel working on The Municipality Property Every contractor shall take every precaution that is reasonable in the circumstances to ensure that every employee, self-employed person and employer performing work in respect of the project complies with the latest revision of the Nova Scotia Health & Safety Act and Regulations, The Municipality Health & Safety Regulations and all other safety measures as required by authorities having jurisdiction The contractor shall take all necessary precautions to ensure the safety of the public and shall provide and maintain any required signage, barrier guards, etc. The contractor shall ensure the public does not come in contact with the project. The contractor shall not prevent or hinder the flow of traffic around the site. The bidder is responsible for these costs The contractor(s) shall at all times keep work sites free from accumulations of waste materials or rubbish caused by employees or work and at the completion of each work day shall remove all rubbish from and about the job site 8.15 Safety Plans: The vendor/contractor shall submit a copy of Contractors safety plan for each project If requested at any time The VENDOR/CONTRACTOR shall supply a current list of safety training obtained by their personnel. This list shall include course expiry 8.17 The Contractor shall undertake:: a) to comply with all health and safety and environmental legislation in the performance of this contract and to practice the principles of proactive due diligence. b) to maintain a safe and healthy work environment during the performance of this contract. c) to ensure compliance with the provisions of HRM Contractor Safety Policy The contractor acknowledges and agrees a) That compliance with all health and safety and environmental legislation and any HRM policy or procedure applied to or applicable to this contract is a condition of the contract. b) To permit The Municipality to audit or inspect my/our health and safety and Page 21

22 Standard Terms & Conditions for Goods & Services environmental records during the term of the contract and upon its conclusion and to co-operate fully with any such audit or inspection. c) That contractor safety deficiencies will be addressed by The Municipality in the following progressive steps: (i) The problem will be identified to the Contractor, (site supervisor). (ii) The Contractor s head office will be contacted about the problem, orally and followed up in writing. (iii) The Contract may, at the discretion of The Municipality, be suspended or terminated and/or payment withheld by The Municipality. (iv) If required to do so by legislation, The Municipality will immediately report the problem to the appropriate regulatory authority d) That, depending upon the nature and/or seriousness of the deficiency The Municipality reserves the right to bypass any or all of the steps described in subsection 8.19(c) 8.20 The Contractor herby acknowledges a) receipt of a copy of HRM Contractor Safety Policy and that they understand and undertake to adhere to the terms of this Policy and to co-operate with The Municipality in its efforts to ensure compliance hereunder The Contractor shall ensure that their workers or subcontractors have security clearance, obtained from HRM Police Services, to work in HRM Police Stations, Halifax City Hall, for all HRM buildings and properties The Contractor shall ensure that their workers or sub contractors have security clearance obtained from Child Abuse Registry, Children Services, Province of Nova Scotia Any and all sub contractors associated with this contract shall be bound by HRM terms and conditions 8.20 Per the Builder s Lien Act, The Municipality reserves the right to hold back 10% of contract value for minimum 60 days from date of substantial completion Any equipment or materials removed from any HRM properties must be salvaged, recycled, or disposed of at a construction and demolition facility holding a valid license issued by the administrator of the HRM Bylaw L200. Disposal payment is the responsibility of the Contractor The Contractor shall give all notices and obtain at their expense all licenses, approvals, permits and inspections required to perform the work. The contractor / Page 22

23 Standard Terms & Conditions for Goods & Services consultant will comply with all laws applicable to the work or performance of the contract. The contractor and other firms performing work for The Municipality are advised that it is their responsibility to ensure that the personnel assigned to this work are fully knowledgeable and comply with the Occupational Health and Safety Act, Regulations of the Province of Nova Scotia, the Halifax Regional Municipality Safety Policy and Procedures Manual and other Federal, Provincial and Municipal safety regulation 8.23 The work shall be performed in accordance with all applicable national, provincial or municipal codes and regulations. The contractor shall accept liability for any work required to complete the job or rectify deficiencies in accordance with such codes and indemnify The Municipality in the event of injury, damage, claim or action, arising from the contractor s, failure to comply with all codes and regulations All permits and inspection reports must be forwarded to HRM Contract Supervisor these permits and inspection records must be received and approved by HRM Contract Supervisor before payment is authorized The Contract shall advise the Nova Scotia Department of Environment and Labor, the Owner and the Engineer, that the Contractor is the successful bidder for the project, and therefore will be the Contractor as defined by the Nova Scotia Occupational Health and Safety Act. Through such notice the contractor shall declare that a) They will have control of the physical work and labor force and shall effectively direct and supervise the work. We will be solely responsible for construction means, methods, techniques, sequences and procedures and for coordinating the various parts of the work under the contract. b) They shall be solely responsible for construction and worker safety at the place of the work and to ensure compliance with all rules, regulations, acts and practices required by applicable Construction Safety Legislation including the NS Occupational Health and Safety Act, and the Occupational Safety General Regulations and the Human Resources Development Canada, Labor Code. c) they indemnify and hold harmless The Municipality from any action under the Occupational Health and Safety Act 8.26 The Proponent shall provide proof of Professional Errors and Omissions Insurance for all design professionals (such as architects, landscape architects or engineers) who provide the Proponent with signed stamped drawing or Page 23

24 Standard Terms & Conditions for Goods & Services calculations. Such insurance shall have limits not less than $2,000,000 each claim with respect to negligent acts, errors and omissions, and any deductible may not exceed $50,000 each claim. The Proponent shall obtain such insurance when the Proponent subcontracts for any work from such a design professional, and prior to the submittal of Construction Documents. Any design professional required to obtain professional liability insurance must maintain proof of insurance for the term of this Agreement. If requested at any time by HRM, the proponent will be required to provide General Liability Insurance in a form acceptable to HRM, with HRM as a named party. The amount of coverage will be $2,000,000. If requested at any time by HRM, the Proponent shall provide automobile liability insurance in respect to owned licensed vehicles subject to limits of not less than Two Million Dollars ($2,000,000) inclusive For all projects with a Community Engagement component, the Proponent must comply with the intent and recommendations of HRM s Approved Community Engagement Strategy. The approved strategy can be accessed on the Halifax Regional Municipality Website at: Page 24

25 Requirements/Pricing Tender No Tender Form July 16, 2015 General: The Halifax Regional Municipality invites tenders for the provisions for Graffiti Removal Services for Transportation & Public Works (TPW) on a monthly and as requested basis by HRM s TPW s, Road Operations and Construction and their delegated representative for up to a thirty - six (36) month period from the award, in accordance with specifications hereinafter specified. REQUIREMENTS/SPECIFICATIONS: Term of agreement 1. The contractor shall provide Graffiti Removal Services for TPW as required by the Road Operations and Construction and their delegated representative in the Halifax Regional Municipality. This agreement will form a contract for up to three (3) years, of which year two and year three shall be optional at HRM s sole discretion, renewable on a yearly basis, based on performance, operational need, budget availability, and/or changes in service requirements, which will be reviewed annually by TPW or their delegate. A standing offer shall be created as a result of this tender with the successful bidder. 2. This agreement shall be awarded for a period of up to three (3) years, of which year two and year three shall be optional at HRM s sole discretion, subject to an annual review. Such an annual review shall be deemed to include input and recommendations from the Road Operations and Construction or their designate and will include performance evaluations of such areas as: - Customer service complaints - Response times and complaints - Ability to contact the contractor - Adherence to the Terms and Conditions of the tender - All other performance issues as identified by the HRM II Requirements and Specifications: Intent: HRM is committed to providing a clean, safe, vibrant and welcoming community. Graffiti is a major concern to HRM; one which infringes on the public perceptions of cleanliness, safety and welcome, therefore HRM s approach to graffiti is one of zero tolerance. Research has shown that quick removal of graffiti is very important to the overall removal of graffiti. This is due primarily to the fact that graffiti vandals tend to become easily discouraged and will not continue in a particular area when their work continues to rapidly and repeatedly remove. It is therefore a condition of this contract that the vendor will not only identify and Page 25

26 Requirements/Pricing Tender No Tender Form July 16, 2015 remove graffiti, but that they assist HRM in the monitoring areas so that police can become involved in active enforcement of problem areas. 1. The vendor/contractor must supply Graffiti Removal Services as follows: A) Delivery of Graffiti Removal Services is FOB - Halifax Peninsula for all HRM owned assets identified in Appendix A, for the area A1 which is identified in Appendix C, labeled Graffiti Performance Based Contract A1. B) Vendor/contractor will identify, remove and document all existing graffiti in Area A1 (Map/Appendix C ) - for HRM owned assets has identified in Appendix A. C) The vendor/contractor will provide an Excel spreadsheet detailing the type of asset that the graffiti was located on; the approximate size of the graffiti, type of graffiti (Appendix D ) surface type and closest civic address. Each site that is treated shall be accompanied by a before and after photograph. The spreadsheet will be ed and/or delivered (with photos) by end of business day Monday detailing work performed the week prior. D) In addition to self-identified work the vendor/contractor must be available to respond to graffiti removal calls from the public. These requests from the public will be sent directly to the contractor by HRM and the vendor shall comply with the service standard: Vulgar and/or offensive graffiti must be removed with 24 hours and 3 business days for all other requests. An response within the standard must be sent back to HRM with the accompanying before and after photographic evidence. E) The vendor/contractor will routinely monitor/patrol hot spots and provide information to HRM on areas that may require enforcement. F) The vendor/contractor will use environmentally friendly and safe products. This is absolute requirements on assets such as playground equipment and benches where the public may come in direct contract with the products. G) The vendor/contractor will submit within their tender package a product spec sheet and/or sample of product with listed ingredients. H) The vendor/contractor will responsible for the removal of graffiti from non-porous surfaces (metal/plastic), porous surfaces (wood/concrete) as well as paint restoration if it deemed to be the correct approach. (Does not include glass etching) I) the vendor/contractor must supply all product and equipment required for graffiti removal. Page 26

27 Requirements/Pricing Tender No Tender Form July 16, 2015 J) The vendor/contractor must demonstrate the product effectiveness at designated sites, prior to award of this tender. Before award is made to the successful bidder, the bidder will have to demonstrate to HRM sole satisfaction, their product effectiveness by way of demonstration. HRM will choose the time, place and the number of sites and surface types as part of evaluation of this tender and prior to award. K) The vendor/contractor must provide an address that is routinely monitored for service requests. L) The vendor/contractor must provide a contact name and number to HRM for situations requiring immediate response. M) The vendor/contractor must supply any and all personnel, labour, tools, materials and equipment necessary to perform the work. The successful vendor is responsible for all costs related to transportation of personnel, all travel and millage, materials, labour, tools and equipment from the various sites of the work and must be included in the Lump Sum amount of their bid submission. N) References - Vendor/contractor must provide a list three (3) acceptable customer-client references (Appendix E ) who have contracted for services offered by the contractor/vendor and which are considered identical or similar to the requirements of this tender. Failure to provide references may be cause for rejection of the tender. Each reference should include the following: Name of company/firm; Contact person; Telephone number; Location and dollar amount per year of the client s contract..1 HRM shall be the sole judge in determining if references, past work and experience in the field of Graffiti Removal services (s) are suitable to carry out the work for this tender. Contractor/vendors must be qualified in this field of work. Contractors client references for: similar work/projects, dollar amount of work/projects and their performance on these similar work/projects must demonstrate their firms capability, and that their firm is qualified to carry out the work and requirements of this tender. O) The vendor will be responsible for the monitoring, identification, documentation and removal of graffiti within the subject area. This "self-identified" work will be approached through routine sweeps of the subject area and should be performed with such regularity as to reduce and control the incidence of graffiti. Graffiti that is identified through such sweeps should be removed within 3 business days. INSURANCE Page 27

28 Requirements/Pricing Tender No Tender Form July 16, 2015 An Agreement to Insure must be enclosed with your tender covering the first twelve (12) month period. An insurance certificate from an insurance company, broker or agent stating that the following insurances will be in effect for the twelve (12) month period commencing on the date of award of tender must be provided. The successful bidder shall provide the Municipality with a renewal certificate sixty (60) days prior to the expiry date to the initial policies covering the balance of the contract term. SPECIFIC INSURANCE REQUIRED A) Motor Vehicle Public Liability and Property Damage Insurance- Minimum $2,000, per incident. B) General Liability insurance to protect the Municipality and its employees from all claims and charges which might occur as a result of award of this tender. BID SECURITY For bids over $100,000 provide Tender Security in the amount of 10 % of the total Tender Price (for three (3) years) in the form of a bid bond, certified cheque or money order payable to the Owner- HRM. PERFORMANCE SURETY The successful bidder must provide HRM with performance surety within 5 days of the award. The performance surety must be provided in the amount of 10 % of the Total Price (for three (3) years), in the form of a certified cheque or money order payable to the Owner- HRM. The performance security must remain in effect while the contract is in effect. WORKMEN S COMPENSATION Contractor must be in good standing with Workmen s Compensation A) Prior to commencing the work, the contractor shall provide a current clearance letter from the Workers Compensation Board and must maintain this coverage during the whole term of the contract. The Municipality will only enter into contracts with firms that provide WCB coverage. It will be the responsibility of the principal contractor to ensure coverage is in place for their employees of any of their sub-contractors. Individuals not covered by WCB are not permitted on HRM property. B) At any time prior to or during the term of the contract, when requested by the Owner, the contractor shall provide current and valid letter of good standing issued by an audit firm endorsed by Workers Compensation Board to audit for the type of work covered by this tender. The letter must indicate that the tenderers Page 28

29 Requirements/Pricing Tender No Tender Form July 16, 2015 current standing fall into one of the following categories: *Certificate of Recognition *Audit Pending *In the Process Where the proponent has not yet obtained a Certificate of Recognition, the proponent must submit a letter from the WCB endorsed firm indicating that the proponent is in the process (maximum of 6 months) of obtaining the Certificate of Recognition. In the process has been defined as the completion of the four mandatory courses (Safety Basics, Safety Orientation, Safety Audit and Leadership) and completion of required Occupational Health and Safety Act (ie WHMIS, TDG, etc) and for a period of no greater than six (6) months). TAX STATUS To be considered, the contractor must be in good standing with Federal, Provincial and HRM Tax Authorities in relationship to all taxes due with no arrears outstanding. LIQUIDATED DAMAGES Liquidated damages of One Hundred ($100.00) Dollars per day will be imposed for each and every day for failure to respond to service request within the standards as identified in the specifications section D. CUSTOMER SERVICE HRM is committed to providing a high level of quality customer service and expects all agencies acting on its behalf to provide the same. It is the contractors/vendor s responsibility to ensure that a high level of quality customer service is provided in the delivery of graffiti removal services as outlined in this agreement. TERMINATION (a) Termination for Convenience: The Halifax Regional Municipality may terminate a contract, in whole or in part, whenever the Halifax Regional Municipality determines that such a termination is in the best interest of the Halifax Regional Municipality, without showing cause, upon giving written notice to the contractor(s). The Halifax Regional Municipality shall pay all reasonable costs incurred by the contractor(s) up to the date of termination. However, in no event shall the contractor(s) be paid an amount which exceeds the bid price for the work performed. The contractor(s) shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the Page 29

30 Requirements/Pricing Tender No Tender Form July 16, 2015 date of termination. (b) Termination for Default: When the contractor(s) has not performed or has unsatisfactorily performed any aspects of the contract, the Halifax Regional Municipality may terminate the contract for default. Upon termination for default, payment will be withheld at the discretion of the Halifax Regional Municipality. Failure on the part of the contractor(s) to fulfil the contractual obligations shall be considered just cause for termination of the contract. The contractor(s) will be paid for work satisfactorily performed prior to termination, less any excess costs incurred by the Halifax Regional Municipality in re-procuring and completing the work. Please note the following: Appendix A - HRM Owned Assets forms part of the specification for this tender. Appendix B - Contractor Health & Safety Questionnaire must be completed by bidder(s) and must be included with tender submission. Appendix C - Graffiti Performance Based A1 (Area Map A1 of HRM Owned Assets to be serviced) - forms part of the specification for this tender. Appendix D - Graffiti Types forms part of the specifications for this tender. Appendix E - Customer-Client References - must be completed by bidder(s) and must be included with tender submission. Appendixes F - Statistics- information, statistics are estimates. Appendix G - Notice to Nova Scotia Department of Labour And Workplace Development - must be completed by bidder(s) and must be included with tender submission. BID SECURITY - Must be included with tender submission. The successful bidder must provide HRM with performance surety within 5 days of the award. PERFORMANCE SURETY - The successful bidder must provide HRM with performance surety within 5 days of the award. Page 30

31 Requirements/Pricing Tender No Tender Form July 16, 2015 The Halifax Regional Municipality reserves the right to cancel the contract prior to commencement of the first, second and third year, without damages or compensation of any kind to the contractor. The Halifax Regional Municipality will pay the unit monthly fee for the services described above for each year of the agreement. Schedule of Pricing: The undersigned bidder has carefully examined the form of tender and the Halifax Regional Municipality s specifications to provide Graffiti Removal Services for Road Operations and Construction, as per the terms, conditions and specifications of Tender No as described within, and will accept, in full payment the prices describe within. The Halifax Regional Municipality will pay to the successful bidder, the monthly fee for services, for the term of agreement, and the vendor obligations and adherence to the terms, conditions and specifications of Tender No as described within for each month of the agreement, for up to 36 months from date of award. The following must be completed by bidder(s): Monthly Fee for Services Price for 12 months (monthly fee multiple by (x) 12) $ $ Total Tender Price for 36 months (monthly fee multiple by (x) 36): Total Tender Price $ TENDER OF: Name of Company Signature: Company representative Date Page 31

32 Requirements/Pricing Tender No Tender Form July 16, 2015 Page 32

33 APPENDICES APPENDIX A HRM Owned Assets Vendor will identify, remove and document all existing graffiti for the following HRM assets in Area A1. Municipal Buildings Libraries Bridges Arenas Community Centres Sport Fields Playgrounds Basketball Courts Tennis Courts Community Pools/Splash Parks Walking Trails, including trail assets from Ashburn Driveway to end near Joe Howe Superstore Parks Light Poles and bases Traffic Control Boxes The Wave located at the waterfront Heritage Buildings Street Signage Street furniture (benches, garbage cans) Pavement and Sidewalks Parking Meters Construction Trailers (HRM only) Monuments and Statues Utility Poles Jersey Barriers Hwy 102 overpass pillars and wing walls, both sides of Joe Howe Drive END OF APPENDIX A Page 33

34 APPENDICES APPENDIX B CONTRACTOR HEALTH & SAFETY QUESTIONNAIRE THIS FORM MUST BE COMPLETED OR YOUR TENDER WILL BE REJECTED CONTRACTOR HEALTH & SAFETY QUESTIONNAIRE Contractors wishing to submit proposals to the Halifax Regional Municipality must complete this questionnaire and submit it to HRM Finance Department with their bid information GENERAL INFORMATION: Company_Name: Company_Address: Telephone Number: INSURANCE/WORKERS COMPENSATION COVERAGE: Is your company covered by general liability insurance, automotive insurance, umbrella policies, etc., that would cover the cost of damages to, and incidents involving third parties? Is your company in good standing with the Workers Compensation Board for the Province of Nova Scotia? Yes No Yes No If no, please explain SAFETY PERFORMANCE: Does your company have any non compliance or outstanding issues with the Nova Scotia Department of Environment and Labour, such as stop work orders, pending charges/prosecutions, or recent (within the last year) convictions or fines? Yes No If yes, please attach a note explaining the details, including current status or resolution. SAFETY PROGRAM: Does your company have a written health and safety policy signed by Yes No Page 34

35 APPENDICES management? Does your company have written safety policies, procedures, and safe work practices applicable to the scope of work to be performed, including clearly defined safety responsibilities for managers, supervisors and workers? Yes No How do you communicate your safety policies and procedures? How often do managers/executive officers visit the work site? Please explain how you conduct on site inspections, including how often they are conducted, what they cover and who conducts them? Does your company have a risk assessment procedure? Does your company have a procedure in place for investigating incidents, accidents and near misses? Yes No Yes No The Contractor shall attach a list and contact information of all supervisors you will be using on site, as well as any safety coordinator or persons responsible for job site safety. Do you provide on the job training to all employees? Yes No Please indicate how you inform your workers, other workers or persons at or near the workplace of any workplace hazards to which they may be exposed. Do you have a disciplinary policy in place for anyone committing health and safety violations? Please describe: Yes No Page 35

36 APPENDICES Do you have a Joint Occupational Health and Safety Committee or Yes No Representative? Do you have a preventative maintenance program for tools and Yes No machinery? Do you have a health and safety policy in place for incorporating sub Yes No contractors into the workplace? Please provide any other information relating to other programs or activities that you believe demonstrate your company conducts their projects safely and in accordance with all health and safety requirements. NOTE: PLEASE BE ADVISED THAT DURING THE TENDERING PROCESS OR AT ANYTIME DURING THE CONTRACTED WORK, HRM MAY REQUEST COPIES OF POLICIES, PROCEDURES, RECORDS OR DOCUMENTATION OF PROOF FOR ANY QUESTIONS ANSWERED ON THIS QUESTIONNAIRE. DO YOU AGREE TO PROVIDE THIS INFORMATION Yes No IF REQUESTED? Signature Date Position / Title END OF APPENDIX B Page 36

37 APPENDICES APPENDIX C Graffiti Performance Based A1 (Area Map A1 of HRM Assets to be serviced) END OF APPENDIX C Page 37