FORM OF TENDER 18/2009 GRAVEL, STONE, WINTER CONTROL MATERIAL, EARTH FILL AND TOP DRESSING

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1 FORM OF TENDER 18/2009 GRAVEL, STONE, WINTER CONTROL MATERIAL, EARTH FILL AND TOP DRESSING Page 1 of 13 I/We, the undersigned, having carefully examined the specifications, do hereby tender and offer to enter into contract with the Corporation of the City of Thunder Bay for the Supply and Delivery of certain GRAVEL, STONE, WINTER CONTROL MATERIAL, EARTH FILL AND TOP DRESSING in accordance with the attached "City Standard Terms and Conditions for Tenders and Contracts" and with the specifications and terms of the Corporation's tender which are set forth herein and in the following attached pages at the prices indicated in the space provided for that purpose, all to the complete satisfaction of the Manager - Materials Management or his appointed agent. The price(s) quoted INCLUDE all duty, taxes (other than PST & GST), customs, clearances, cartage, freight and all other charges now or hereafter imposed or in force and in a TOTAL FIRM PRICE. All taxes must be shown separately on invoicing. NOTE: Re: TAXES All bidders are to quote as follows: Ontario Retail Sales Tax (PST) to be EXTRA on the Material Charge Only (cost of material). Goods and Services Tax (GST) to be EXTRA on the Material and Delivery charge. Items 05, 06 & 06A to be GST & PST EXTRA on total sale price. Item 07 to be GST EXTRA on total sale price. I/We agree that the Corporation reserves the right to accept or reject any part of this tender and that the lowest or any tender will not necessarily be accepted, and that the Successful tenderer shall haul to all depots or job sites in the designated area(s). TERM OF CONTRACT: Prices are to remain FIRM for the duration of the contract period of MAY 1, 2009 to APRIL 30, 2010, inclusive (12 months). Document Fee: There is a non-refundable charge of $35.00 (33.33 plus 5% GST of $1.67) for these documents payable by cheque, cash or debit card. GST Reg. No. R NOTE: This form must be completed, properly signed by an authorized official and received on or before the date and time specified, or your tender will not be considered. FOR SCHEDULE OF PRICES - SEE PAGE 2 COMPANY NAME MAILING ADDRESS CITY POSTAL CODE PHONE NO. SIGNATURE OF AUTHORIZED OFFICIAL DATE FAX NO. PLEASE PRINT NAME CELLULAR NO. This tender will be received in DUPLICATE and on the forms provided, sealed in the envelope provided, by deposit in the locked tender box in the City MATERIALS MANAGEMENT office, P.O. Box 800, 111 S. Syndicate Avenue, Victoriaville Civic Centre, Thunder Bay, Ontario, P7C 5K4, until 12:00 noon, local time, TUESDAY, MARCH 31, 2009 and will be opened publicly in the BOARD ROOM of Materials Management Office, Victoriaville Civic Centre at 1:30 p.m. of the same day. THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED LATE TENDERS WILL NOT BE ACCEPTED

2 Page 2 of 13 ITEM NO. 01 SCHEDULE OF PRICES 3/4 CRUSHED STONE (19 mm) Washed TOTAL PRICE/TONNE (DELIVERED) THUNDER BAY AREA ITEM NO. 02 GRANULAR B TYPE 1 (i.e. PIT RUN) TOTAL PRICE/TONNE (DELIVERED) THUNDER BAY AREA ITEM NO. 03 GRANULAR M CRUSHED GRAVEL (19mm) TOTAL PRICE/TONNE (DELIVERED) THUNDER BAY AREA * ITEM NO. 04 WINTER CONTROL MATERIAL (WASHED & SCREENED) TOTAL PRICE/TONNE (DELIVERED) * Re: Item 04 - See Note on Page 10

3 Page 3 of 13 ITEM NO. 05 TREATING, STOCKPILING OR RESTOCKPILING (Item 4) TOTAL PRICE/TONNE TREATING & STOCKPILING NEW OR EXISTING STOCKPILES OF WINTER CONTROL SAND (PST & GST EXTRA) ITEM NO. 06 PREMIXED WINTER CONTROL MATERIAL (WASHED & SCREENED) PRICE/TONNE (DELIVERED) (PST & GST EXTRA) ITEM NO. 06-A PREMIXED WINTER CONTROL MATERIAL (WASHED & SCREENED, STOCKPILED WITH LOADER (min tonne order) PRICE/TONNE (DELIVERED & STOCKPILED) (PST & GST EXTRA) ITEM NO. 07 STOCKPILING with Loader & 70 conveyer (Items 2 & 3) PRICE/TONNE STOCKPILING OF GRANULAR B & M ITEM NO. 08 EARTH FILL

4 Page 4 of 13 ITEM NO. 09 UNSCREENED TOP DRESSING A) BLACK LOAM B) SANDY RED/BROWN LOAM B) MIXED BLACK/RED-BROWN LOAM ITEM NO. 10 SCREENED TOP DRESSING A) BLACK LOAM B) SANDY RED/BROWN LOAM

5 Page 5 of 13 B) MIXED BLACK/RED-BROWN LOAM ITEM NO. 11 BASEBALL DIAMOND/SOIL MIX ITEM NO. 12 TRACK SOIL MIX ITEM NO. 13 MASONRY SAND (City Stores Use Only - TONNES PRICE/TONNE * * Price per Tonne requested for City Stores

6 Page 6 of 13 ITEM NO. 14 TOP DRESSING SCREENED BLACK LOAM (City Stores Use Only - TONNES PRICE/TONNE * * Price per Tonne requested for City Stores The award of Items 4, 5 and 7 will be based upon the Overall Lowest Cost using estimated quantities of material shown on Page 8. The award of these items will be to one supplier. Belly Dumps may not be used when hauling into City Yards for stockpiling

7 Page 7 of 13 IN GENERAL The Corporation of the City of Thunder Bay requires Gravel, Stone, Winter Control Material, Earth Fill and Top Dressing for various Civic Divisions, Roads Division, Parks & Recreation Division, Materials Management Division and Thunder Bay Telephone. Varying quantities will be received at depots or job sites throughout the City limits. Estimated quantities shown below are for guidance only. Deliveries shall commence within two hours after issuance of an order by the City. Adequate stocks must be kept readily available and delivery must be prompt. INTERPRETATION OF ESTIMATES (where applicable) The quantities shown on the tender form are estimated only and shall be used as a basis for calculation upon which the award of the contract will be made. These quantities are not guaranteed to be accurate and are furnished without any liability to the City, whether decreased or increased. Quantities shown are estimated annual requirements only and should not be interpreted as either a minimum or maximum commitment. INSPECTION Material of bidders may be inspected by the Corporation or its designate at any time. LOADS AND PAYMENTS All loads delivered on a cubic yardage basis shall be struck off as level as possible with the top of the box to facilitate proper measurements. If the corners of the box are not full, an equitable reduction will be made in the measurement. The decision of The City representative shall be final and shall be used as the basis for payment. However, any loads shall be subject to check over at the City's nearest scale as directed by the Roads Division or any other City Department taking delivery. All tonnage deliveries made to City Depots shall be weighed on City Scales when possible. There shall be NO CHARGE TO THE SUPPLIER for this service as it will be for "Record Purposes Only". Should the City Scales be inoperable, or should the City so choose, the Supplier shall use their scale at no cost to the City. PERFORMANCE The Tenderer shall understand that this contract may be terminated in the event that he fails to satisfy the Corporation's representative in the performance of deliveries or in the quality of materials. SAMPLES Appropriate Samples of any of the material asked for must be supplied and delivered upon request without charge to the Corporation. SAMPLING AND SIEVE ANALYSIS Successful bidder will be responsible for and will pay for daily sampling and sieve analysis tests by an independent testing agency for any material hauled into City Stores in excess of 1,000 tonnes per day. Test results must be faxed to Supervisor - Stores within 24 hours of sampling. Maximum number of tests to be done during Stores haul-in. Granular M - 6 tests Granular B - Type 1-6 tests Winter Control Sand - 8 tests Confirm/Acknowledge: Contact Information - Supervisor Stores: Richard Caron phone: fax: rcaron@thunderbay.ca ATTACHED are the following: Standard Terms and Conditions for Tenders and Contracts

8 Page 8 of 13 ESTIMATED QUANTITIES MATERIAL UNITS THUNDER BAY AREA ¾ Crushed Stone (19 mm) Tonnes 2,000 Granular B - Type 1 Tonnes 12,000 Granular M - Crushed Gravel (19 mm) Tonnes 18,000 Winter Control Material Tonnes 17,000 Winter Control Material (to be remixed) Tonnes 3,000 Earth Fill Cu. yd. 3,000 Top Dressing Cu. yd. 3,000 Baseball Diamond/Soil Mix Cu. yd. 1,500 Track Soil Mix Cu. yd. 1,500 ALL MATERIALS SHALL BE TESTED BY THE CITY OF THUNDER BAY, EXCEPT WHERE STATED BELOW. (SEE SAMPLING AND SIEVE ANALYSIS). NOTE: RE: DELIVERY OF POOR QUALITY MATERIAL IT WILL BE THE RESPONSIBILITY OF THE SUPPLIER TO REMOVE AND REPLACE ANY MATERIAL THAT DOES NOT MEET SPECIFICATIONS. The City of Thunder Bay shall be the sole judge as to the acceptability of any material offered. The Corporation of the City of Thunder Bay reserves the right to award this contract in whole or in part.

9 Page 9 of 13 DETAILED SPECIFICATIONS OF MATERIALS: ITEM 01) 3/4" CRUSHED STONE (19 mm) All stone shall be WASHED in addition to conforming to Ministry of Transportation (M.T.O.) Specifications #1002-3, or latest revision thereof. MINISTRY SIEVE DESIGNATION mm 100% passing mm 90% - 100% passing mm 65% - 90% passing 9.50 mm 20% - 55% passing 4.75 mm 0% - 10% passing ITEM 02) GRANULAR "B" TYPE I (PIT RUN) Shall be free of all wood, roots, top soil and other organic materials of igneous origin; shall contain no shale; shall be well graded from coarse to fine. Loads containing rocks or boulders larger than three inches (3") will be rejected. Loads containing an excessive amount of sand will be rejected. Must conform to M.T.O. Specifications # (metric), or latest revision thereof. The following M.T.O. Class "B" Specification will apply: MINISTRY SIEVE DESIGNATION mm 100% passing mm 50% - 100% passing 4.75 mm 20% - 100% passing 1.18 mm 10% - 100% passing um 2% - 65% passing um 0% - 8% passing ITEM 03) GRANULAR "M" Shall be delivered from a gravel pit or quarry which has been approved by the Ministry of Transportation for this crushed product. It shall consist of broken stone or crushed gravel; shall be clean, hard, rough durable material free from loam, clay or vegetable matter. Must conform to M.T.O. Specifications # (metric), or latest revision thereof. It shall conform to the following grading ranges by weight: MINISTRY SIEVE DESIGNATION mm 100% passing mm 75% - 95% passing 9.50 mm 55% - 80% passing 4.75 mm 35% - 55% passing 1.18 mm 15% - 40% passing um 5% - 22% passing um 2% - 8% passing

10 Page 10 of 13 ITEM 04) WINTER CONTROL MATERIAL FOR ROADS SCREENED (WASHED) SAND The material shall consist of a bank or pit run mixture and shall be tough, durable, moderately sharp and free from coatings of clay, silt or other objectionable matter and shall not contain clay balls or other aggregations of fine material. Must conform to M.T.O. Specification OPSS 531 (metric), or latest revision thereof, plus the City of Thunder Bay Sieve Sizes to be used. The mixture shall be screened so that it will conform to the following grading range by weight: CITY SIEVE DESIGNATION 9.50 mm 100% passing 4.75 mm 90% - 100% passing 2.36 mm 45% - 85% passing 1.18 mm 25% - 60% passing um 5% - 30% passing um 0% - 10% passing um 0% - 3% passing um 0% - 2% passing Sample must be available for testing by September 1, 2009 to confirm that the product is acceptable. Supply and Deliver, Treat and Stockpile SAND for winter sanding. The City to supply at no charge the required bulk salt and calcium in 20 kg bags which is to be mixed by supplier using a mixing ratio for winter control sand of 2% salt and.33% calcium chloride by weight. The method of mixing is to use a separate metered feed bin for the sand and a separate metered feed bin for the salt with calcium to either be added to the salt or metered from a separate feed bin. The method of stockpiling is to be by conveyer with a minimum conveyor length of 70 feet, with the completed stock pile to be coned on the top to shed snow and water. The winter control sand is anticipated to be stockpiled during the period of September 21 October 30, ITEM 05) TREATING, STOCKPILING OR RESTOCKPILING (ITEM 04) The award of Items 4 and Item 5 will be based upon the Overall Lowest Cost using estimated quantities of material shown on Page 8. The City is to supply all necessary salt. A 1% by weight salt mixing ratio will be used. Supply front-end loader with operator; conveyor minimum length 70 ft.; feed bins. Do not include price of material. Done once only in each of three yards during the period of September 21 October 30, It is the intent of the Corporation to treat all new sand and existing stockpiles and re-stockpile them at the three City Yards (Front & Egan, Mountdale Avenue and Landfill Site). The City of Thunder Bay shall have the right to cancel delivery and stockpiling arrangements should adverse weather conditions occur without penalty to the Corporation. CITY STORES YARDS LOCATIONS

11 Page 11 of 13 CITY STORES NORTH 155 Front Street (Front & Egan Streets) ph: Fax: CITY STORES SOUTH 410 Mountdale Avenue ph: or Fax: LANDFILL SITE (Mapleward Road) ph: ITEM 06) PREMIXED WINTER CONTROL MATERIAL Treated with 2% salt by weight supplied by bidder, material to be screened, washed and delivered on an as required basis. City Stores will use this item on an emergency basis only. Lakehead Consortium users to order as required. ITEM 06-A) PREMIXED WINTER CONTROL MATERIAL Treated with 2% salt by weight, supplied by bidder, material to be screened, washed, delivered and stockpiled, on an as required basis with a loader tonne minimum order will apply to Item 06-A. City Stores and the Lakehead Purchasing Consortium users to order as required. ITEM 07) STOCKPILING WITH 70 CONVEYOR AND LOADER ONLY (Items 2 & 3) Contractor shall be responsible to neatly stockpile Items 2 and 3 at the City Yards as required. A Front End Loader with a 5 cubic yard Bucket, or equivalent, complete with Operator, shall be supplied by the Contractor who will stockpile Items 2 and 3 a minimum of 15 feet high. Do not include price of materials. (Stockpiling shown here will be awarded in conjunction with the award of items 4 & 5)... ITEM 08) EARTH FILL Preferably sandy loam, shall be free from wood, roots, boulders and such extraneous matter. ITEM 09) TOP DRESSING - NOT SCREENED NOTE: The quality of Top Dressing (screened and not screened) that the Corporation requires varies upon the application of the various using departments. The Corporation reserves the right to purchase Top Dressing which in its opinion most closely conforms to its requirements and as deemed most advantageous to the City. ITEM 10) TOP DRESSING - SCREENED NOTE: The quality of Top Dressing (screened and not screened) that the Corporation requires varies upon the application of the various using departments. The Corporation reserves the right to purchase Top Dressing which in its opinion most closely conforms to its requirements and as deemed most advantageous to the City. ITEM 11) - BASEBALL DIAMOND/SOIL MIX Based on 60% - Red/Brown Top Soil (screened - 1/4") Based on 40% - Coarse Clean Sand e.g. Washed Concrete Soil - e.g. Beach Sand - no dirt - not blow sand - not silt (final product must be fully screened)

12 Page 12 of 13 ITEM 12) - TRACK SOIL MIX Based on 40% - Red/Brown Top Soil (screened - 1/4") Based on 60% - Coarse Clean Sand - no dirt - not blow sand - not silt (final product must be fully screened) ITEM 13) - MASONARY SAND (to be priced per TONNE for CITY STORES use only) ITEM 14) - TOP DRESSING - SCREENED (Price per TONNE for CITY STORES use only) The quality of Top Dressing (screened) that the Corporation requires varies upon the application of the various using departments. The Corporation reserves the right to purchase Top Dressing which in its opinion most closely conforms to its requirements and as deemed most advantageous to the City. The Corporation may accept all, part of, or none of the above.

13 Page 13 of 13 AWARDS GENERAL CONDITIONS / REQUIREMENTS The Corporation of the City of Thunder Bay reserves the right to award this contract in whole or in part without recourse or penalty, that which is deemed most advantageous to the City. CANCELLATION OF CONTRACTS The City reserves the right to terminate the contract without notice if due to non-performance and unsatisfactory service. The City reserves the right to call in alternate supplier if the tenderer is unable to provide the service when it is requested. INDEMNITY The Contractor shall indemnify and save harmless the Corporation of the City of Thunder Bay from and against all liens, damages, losses, claims, demand payments, suits, actions, recoveries and judgements of every nature and description brought against him and/or the City by reason of any act or omission of the said contractor, his agents, or employees in the execution of, or as a result of the work or in the guarding of it. All permits and fees applicable shall be acquired and paid for by the Contractor. SAFETY REGULATIONS All Drivers/Operators of Vehicles and Equipment MUST have in their possession at all times the following Safety Items: Safety Footwear, CSA Class 1 with sole protection ( Green Patch ) Safety Hard Hat Face Shield and Work Gloves (where applicable) Hearing Protection (where applicable) Safety Vests (where applicable) shall be worn, safety vests shall be reflective fluorescent and coloured blaze orange or red. Failure to comply with Safety Regulations may result in the immediate cancellation of this contract. WHMIS All work performed must comply with WHMIS Legislation & Regulations. LAKEHEAD PURCHASING CONSORTIUM (LPC) Some Outside City Boards and Lakehead Purchasing Consortium Agencies, upon mutual consent, may wish to piggyback on part of this tender. Purchase orders will be issued by each individual board or agency for goods as required. THE CITY WEBSITE ADDRESS FOR TENDER INFORMATION IS:

From: THE CITY OF THUNDER BAY MATERIALS MANAGEMENT DIVISION VICTORIAVILLE CIVIC CENTRE 111 SYNDICATE AVE S (main floor) PO BOX 800 THUNDER BAY ON P7C 5K4 CLOSING DATE TENDER # When Downloading

16 From: THE CITY OF THUNDER BAY MATERIALS MANAGEMENT DIVISION VICTORIAVILLE CIVIC CENTRE 111 SYNDICATE AVE S (main floor) PO BOX 800 THUNDER BAY ON P7C 5K4 CLOSING DATE TENDER # When Downloading Tender Documents, cut or fold this page in half and Affix this ADDRESS LABEL to your tender submission envelope. Please indicate the Tender #. Also include your firm s name in the top left corner.

REQUEST FOR QUOTATION

CORPORATION OF THE CITY OF THUNDER BAY Page 1 of 4 MATERIALS MANAGEMENT DIVISION VICTORIAVILLE CIVIC CENTRE 111 SYNDICATE AVENUE, SOUTH P.O. BOX 800 THUNDER BAY, ONTARIO P7C 5K4 REQUEST FOR QUOTATION Phone