HomeMy WebLinkAboutBy-law No. 2024-016THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-016
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AND R & N MAINTENANCE FOR PAVEMENT MARKING SERVICES
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS the Municipality issued RFT 02-24 for Pavement Marking Services on March
6, 2024;
AND WHEREAS the Council or the Corporation of the Municipality of Bayham awarded RFT
02-24 to R & N Maintenance in the amount of $12/litre +HST on April 4, 2024,
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with R & N Maintenance for Pavement Marking Services;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule "A" and forming part of this by-law between The
Corporation of the Municipality of Bayham and R & N Maintenance for Pavement
Marking Services,
_ AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18t" DAY OF
APRIL, 2024.
CLERK
BETWEEN:
THIS AGREEMENT DATED THE 18t" DAY OF APRIL, 2024
The Corporation of the Municipality of Bayham
(Hereinafter called the "Municipality"
of the First Part
and
R&N Maintenance
(Hereinafter called the "Contractor")
of the Second Part
Section 1 - General Provisions
1.1 A general description of work is to provide all the labour, equipment and materials required to
provide pavement marking services pursuant to Municipality of Bayham Tender 02-24.
'1.2 In respect of such work and except as otherwise specifically provided, the Contractor, at his own
expense, shall provide all and every kind of labour, machinery, plant, structures, roadways and
materials necessary for the due execution and completion of all the work set out in this Contract
and shall forthwith according to the instructions of the Municipality commence the works and
diligently execute the respective portions thereof; and deliver the works complete in every
particular to the Municipality within the time specified in the Tender.
1.3 Municipality of Bayham Tender 02-24 shall form part of this Agreement.
1.4 The Contractor shall be responsible for any damage made to Municipal or private property. Any
damage will be repaired at the expense of the Contractor and approved by the Municipality.
The Contractor shall maintain and pay for Comprehensive General Liability Insurance in an
amount of not less than two million ($2,000,000.00) naming the Municipality of Bayham as an
additional insured in respect of all operations performed by or on behalf of the Municipality. The
coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days
prior written notice to the Municipality. A Certificate of Insurance shall be filed with the
Municipality upon the signing of the Agreement and be maintained in place for the duration of
the agreement.
1.6 The Contractor shall agree to fulfil all of his obligations in compliance with the Occupational
Health and Safety Act and further agrees to take responsibility for any health and safety violation
that may occur. The Contractor shall indemnify and save harmless the Municipality from any
and all charges, fines, penalties and costs that may be incurred of paid by the Municipality.
Page 1 of 3
1. f The contractor shall provide a Certificate from Workplace Safety and Insurance Board indicating
that all payments by the Contractor to the WSIB in conjunction with this Agreement have been
made and that the Municipality will not be liable to the Board for future payments in connection
with the Agreement. The Certificate shall be provided upon signing of the Agreement and yearly
thereafter until the expiry or termination of this Agreement.
Section 2 —Administration
2J This Agreement shall take effect on the 1 st day of May, 2024, and shall remain in
effect until December 31, 2026 with two mutual one year renewal options.
2.2 Payment shall be made net thirty (30) calendar days following receipt of invoice.
2.3 Any notice required to be given under this Agreement must be in writing to the
applicable address set out below:
(a) in the case of the Municipality:
Municipality of Bayham
PO Box 160
56169 Heritage Line
Straffordville, ON NOJ 1 YO
Office: (519) 866-5521
Email: sadams(a-�bayham.on.ca
(b) in the case of the Contractor:
R&N Maintenance
Roger Knapp
8066 Wellington Road 124
Guelph, ON N1 H 61-17
519-763-2997
Email: contracts(a-r-n.com
2.4 In construing this Agreement, words in the singular shall include the plural and vice versa and
words importing the masculine shall include the feminine, and the neuter and vice versa, and words
importing persons shall include corporations and vice versa.
Page 2 of 3
IN WITNESS WHEREOF the parties have duly executed this Agreement this 18th day of April, 2024.
Authorized by
Bayham By-law No. 2024-016
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Mayor -
Clerk
WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal.
SIGNED, SEALED AND DELIVERED, this 181h day of April, 2024.
In the presence of
itness:
Page 3 of 3
REQUEST FOR TENDER
PAVEMENT MARKING
RFT 02-24
1�-P- ���
ISSUE DATE: Wednesday March 6, 2024
CLOSING DATE: Wednesday March 27, 2024
CLOSING TIME: 1:00 P.M., local time
LOCATION: Municipality of Bayham
P.O. Box 160
56169 Heritage Line
Straffordville, ON,
NOJ 1Y0
Attention: Steve Adams
Manager of Public Works
LATE SUBMISSIONS WILL NOT BE ACCEPTED
NOTE: It is the vendor's sole responsibility to ensure their submissions are received in
a sealed enveloped clearly marked with RFT 02-24 by the time and date specified within
the document.
The Lowest or Any Bid Will Not Necessarily Be Accepted
Municipality of Bayham
P.O. Box 160
56169 Heritage Line
Straffordville, ON
NOJ 1Y0
Company Name &
Address:
Please return this cover sheet with your submission
GENERAL INDEX
SECTION A TERMS AND CONDITIONS
SECTION B INFORMATION FOR BIDDERS
SECTION C FORM OF TENDER
SECTION D GENERAL AND ITEM SPECIAL
PROVISIONS
SECTION A — TERMS AND CONDITONS
Section 1— General Conditions
1.1 Form of Tender
All Tenders must be upon the forms provided, submitted in sealed packages, clearly
marked with the tender number and project description. The package shall include
one (1) original. Please see "Completion of Tender" for a listing of documents to
include for this submission.
1.2 Definitions
Corporation: Refers to "The Corporation of the Municipality of Bayham"
Owner: Refers to "The Corporation of the Municipality of Bayham"
Respondent: Refers to "any eligible entity providing a Tender"
Successful
Respondent(s): Refers, in the event of an award, "to the selected
Respondent(s)"
RFT Refers to "Request for Tender"
1.3 Tender Closing
Tender submissions must be received by the Municipality of Bayham, 56169
Heritage Line, Straffordville, ON NOJ 1 YO. Attention: Steve Adams, Manager of
Public Works no later than:
1:00 P.M. local time, Wednesday March 27, 2024
Please note that delivery of bids by mail or all couriers on the tender closing
day, in the morning, is not guaranteed.
It is recommended to hand deliver bids intended to be received on the closing
day.
The Corporation is not responsible for Submissions which are not properly marked
and/or delivered to any other location, than that specified.
1.4 Tender Opening
Respondents are advised there will be a public opening for this RFT. Submissions
received, by the date and time of closing, will be opened administratively by
respective members of the Corporation at closing time.
1.5 Electronic Submissions
Electronically transmitted submissions (e-mail, fax, etc.) will not be accepted for this
Tender.
1.6 Inquiries / Clarification
Inquiries must be received no later than three (3) business days prior to the closing
date of the RFT; otherwise, a response may not be provided.
1.7 Late Submissions
Tenders received after the official closing time will not be considered during the
selection process and will be returned unopened to the respective Respondent(s).
1.0 Completion of the Tender
All entries shall be clear and legible, and made in a non -erasable medium, and signed
in ink. All items shall be submitted according to any instruction in the Request for
Tender Documents.
Alterations may be made, providing they are legible and initialled by the
Respondent's signing officer. Tenders which are incomplete, conditional, illegible or
obscure, or that contain additions not called for, reservations, erasures, alterations
incorrectly submitted, or irregularities of any kind may be rejected.
1.9 Tender Withdrawal
Any Tender may be withdrawn prior to the scheduled time for Tender Closing, or
authorized postponement thereof.
1.10 Respondent Expense
Any expenses incurred by the Respondent in the preparation of the Tender
submission are entirely the responsibility of the Respondent and will not be charged
to the Corporation.
1.11 Examination of Request for Tender Documents
Each Respondent must satisfy himself/herself by a personal study of the RFT
documents respecting the conditions existing or likely to exist in connection with the
proposed work. There will be no consideration of any claim, after Submission of
Tenders, that there is a misunderstanding with respect to the conditions imposed by
this RFT.
Prices must include all incidental costs and the Respondent must be satisfied as to
the full requirements of the RFT. No claims for extra work will be entertained and
any additional works must be authorized in writing prior to commencement. Should
the Respondent require more information or clarification on any point, it must be
obtained prior to the submission of the RFT.
1.12 Acceptance or Rejection of Tenders
1.12.1 The Corporation reserves the right to reject any or all Tenders, and to waive
formalities as the interests of the Corporation may require without stating
reasons therefore.
The Corporation also reserves the right to enter into negotiations with the
lowest compliant bidder if the price bid is over the budgeted amount for the
project. Should the Corporation be unable to reach an agreement with the
lowest compliant bidder, the Corporation reserves the right to enter into
negotiations with the next lowest compliant bidder, or to cancel the call —
whichever is deemed to be in the best interest of the Corporation.
12.2 Notwithstanding and without restricting the generality of the statement
immediately above, the Corporation shall not be required to award or accept a
Tender, or recall the Tenders at a later date:
a) When only one Tender has been received as a result of the Tender call.
b) Where the lowest responsive and responsible Respondent substantially
exceeds the estimated cost of the goods or service.
0 When all Tenders received fail to comply with the Specifications or Tender
Terms and Conditions.
d) Where a change in the scope of work or specifications is required.
1.12.3 The Corporation shall not be responsible for any liabilities, costs, expenses, loss
or damage incurred, sustained or suffered by any Respondent by reason of the
acceptance or the non -acceptance by the Corporation of any Tender or by reason
of any delay in the acceptance of a Tender, except as provided in the Tender
document.
12.4 Each Tender shall be open for acceptance by the Corporation for a period of
thirty (30) calendar days following the date of closing.
1.12.5 Where the Tender documents do not state a definite delivery/work schedule
and a submitted Tender is based on an unreasonable delivery/work schedule,
the Tender may be rejected.
1.13 Inquiries, Discrepancies and Interpretations
Should a Respondent find omissions from or discrepancies in any of the RFT
documents, or should the Respondent be in doubt as to the meaning of any part of
such documents, the Respondent shall notify the designated contact person and
office without delay. If the designated contact person considers that a correction,
explanation or interpretation is necessary or desirable, an addendum will be issued to
all who have received RFT documents.
No oral explanation or interpretation will modify any of the requirements or provisions
of the Tender documents.
1.14 Errors and/or Omissions
The Corporation shall not be held liable for any errors and/or omissions in any part
of this RFT. While the Corporation has used considerable efforts to ensure an
accurate representation of information in this RFT, the information contained in the
RFT is supplied solely as a guideline for Respondents. The information is not
guaranteed or warranted to be accurate by the Corporation, nor is it necessarily
comprehensive or exhaustive. Nothing in the RFT is intended to relieve the
Respondents from forming their own opinions and conclusions with respect to the
matters addressed in the RFT.
1.15 Addenda
If required by the Corporation, addenda will be distributed to all Proponents
registered as a document taker for this Tender. Addenda will be distributed via
email using the latest contact information as provided by the Proponent. It is the
Proponent's responsibility to notify the Corporation of any changes to their email or
mailing address. It is the Proponent's ultimate responsibility to ensure all addenda
have been received.
1.16 Tender Award Procedures
Unless stated otherwise, the following procedures will apply:
1.16.1 The Corporation will notify the Successful Respondent(s) of the award within
thirty (30) calendar days of the Tender Closing.
1.16.2 Notice of Acceptance of Tender will be by telephone and by written notice.
16.3 Immediately after acceptance of the Tender by the Corporation, The
Successful Respondent(s) shall provide the Corporation with the Certificate of
Liability Insurance and any other required documents within fourteen (14)
calendar days of the date of Notification of Acceptance & Award.
1.16.4 Following receipt of the required documents, the Successful Respondent(s)
will receive written authority, in the form of a Professional Services Agreement
and/or official Purchase Order, to proceed with the Work.
1.17 Ability and Experience of Respondent(s)
It is not the purpose of the Corporation of the Municipality of Bayham to award this
contract to any Respondent(s) who does not furnish satisfactory evidence of
possessing the ability and experience in this class of work and sufficient capital to
ensure acceptable performance and completion of the Tender. The Corporation of
the Municipality of Bayham reserves the right to be our own reference and may
disqualify a Respondent on this basis.
1.18 Responsibility for Damages
The successful Respondent(s) shall indemnify and hold harmless the Corporation, its
officers and employees from and against any and all liabilities, claims, demands,
loss, cost, damages, actions, suits or other proceedings by whomsoever made,
directly or indirectly arising out of the project attributable to bodily injury, sickness,
disease or death or to damage to or destruction of tangible property caused by any
acts or omissions of the Respondent(s), its officers, agents, servants, employees,
customers, invitees or licensees, or occurring in or on the premises or any part
thereof and, as a result of activities under this Tender.
1.19 Regulation Compliance and Legislation
The successful Respondent(s) shall ensure all services and products provided in
respect to this Tender are in accordance with, and under authorization of all
applicable authorities, Municipal, Provincial and/or Federal legislation and Standards.
1.20 Sub -Consultants
No sub consultants or collateral agreements shall be permitted with respect to the
work of this assignment, except with the Corporation's express written consent and,
in advance of commencement of sub consultant activities.
Failure to obtain this consent may result in cancellation of the contract with
the Successful Respondent(s).
1.21 Indemnity
The Contractor shall indemnify and save harmless the Owner and its officers from
all claims, demands, losses, costs, damages, actions, suits or proceedings by
whomsoever made, occasioned by or attributable to the activities or omissions of
the Contractor or those for whom the Contractor is responsible in performing the
Contract.
1.22 Protection of Work and Property
The successful respondent shall provide continuous and adequate protection of all
work from damage and shall protect the Owner's property from injury or damage
arising from or in connection with this work. The successful Respondent(s) shall
make good any such damage or injury.
1.23 Character and Employment of Workers
The successful Respondent(s) shall employ only orderly, competent, and skilful
employees to ensure that the services are carried out in a respectable manner.
In the event that any person employed by the Successful Respondent(s) in
connection with the service arising out of this Tender gives, in the opinion of the
Corporation, just cause for complaint, the successful Respondent(s) upon notification
by the Corporation in writing, shall not permit such person to continue in any future
service arising out of this Tender.
1.24 Freedom of Information
All correspondence, documentation and information provided shall become the
property of the Municipality. Any personal information required on the documentation
presented is received under the authority of the Municipal Freedom of Information
and Protection of Privacy Act, 1989, RSO, 1990. This information will be an integral
component of the quote submission.
All written Tenders received by the Municipality become a public record.
Once a Tender is accepted by the Municipality of Bayham, and a contract is signed,
all information contained in them is available to the public, including personal
information.
Questions about collection of personal information and the Municipal Freedom of
Information and Protection of Privacy Act, 1989, R.S.O. 1990, Chapter M.56, as
amended, should be directed to:
Clerk, Municipality of Bayham
56169 Heritage Line, Straffordville, Ontario
NOJ 1Y0
Telephone (519) 866-5521
Section 2 — Specific Conditions
2.1 Notification of Award
The Corporation will notify only the respondent(s) presenting the awarded Tender(s)
in writing.
2.2 Budget Approval
The Municipality of Bayham reserves the right to remove and/or delay portions of
the contract depending upon approvals and/or budgetary restraints, or for any other
reason that may arise.
2.3 Patent, Copyright, or other Proprietary Rights
In accordance with Municipal Freedom of Information and Protection of Privacy Act,
Respondents are reminded to clearly identify in their Tender material, any specific
scientific, technical, commercial, proprietary, intellectual or similar confidential
information, the disclosure of which could cause them injury or damage.
Respondents are encouraged to place all such details and information within a
separate section of their submission. Complete Tender details are not to be identified
as "Confidential'.
2.4 Harmonized Sales Tax (HST)
All prices within this document shall be quoted exclusive of HST.
2.5 Terms of Payment
The normal terms of payment for the Corporation will be net thirty (30) calendar days.
Invoices shall be forwarded to:
Municipality of Bayham
56169 Heritage Line
PO Box 160
Straffordville, ON
NOJ 1Y0
2.6 Unbalanced or Incorrect Tenders
Where the amount of an item does not agree with the extension of the estimate
quantity and the tendered unit price, the unit price shall govern and both the item
amount and the total tender price shall be corrected accordingly. If both the unit
price and the total price for an item are left blank, then both shall be considered a
zero. If the unit price is left blank, but a total price is shown for the item, then the
unit price shall be determined by dividing the total price by the estimated quantity.
2.7 Performance
Any undue delays in the execution of the work and/or costs incurred by the
Corporation due to inefficiencies in performance on behalf of the successful
Respondent(s) shall be deemed to be the responsibility of that Respondent(s) and
as such, any and all costs, as deemed appropriate and reasonable compensation
for the Corporation, will be assessed to the successful Respondent(s).
2.8 Taking the Work Out of the Contractor's Hands
Where the Contractor becomes bankrupt or insolvent, delays commencing or
diligently executing the Work, abandons the Work or has otherwise failed to perform
any of the provisions of the Contract, the Owner may, without previous notice and
without process or suit at law, take the work out of the hands of the Contractor and
have it completed by whatever means are considered necessary. In addition to any
other remedy available in law or equity, the Owner may use all monies due on the
Contract to correct or complete the work.
2.9 Assignment of Contract
The successful Respondent(s) shall not assign transfer, convey, sublet or otherwise
dispose of this contract or his/her right, title or interest therein, or his power to
execute such contract, to any other person, company or corporation, without the
previous consent, in writing, of the Corporation's officials, which consent shall not
be unreasonably withheld.
2.10 Contact(s)
All enquiries relative to this RFT shall be directed to:
Main Contact:
Steve Adams
Manager of Public Works
sadams __bayham.on.ca
Questions of clarification will be answered individually, but response(s) to any
question that modifies the scope of the RFT will be circulated in writing as a RFT
Addendum to all Respondents who have received the RFT document from the
Corporation.
Inquiries must be received no later than three (3) business days prior to the closing
date of the RIFT; otherwise, a response may not be provided.
2.11 Tender Evaluation
All submissions must be in compliance with the requirements of the RFT process in
order to be considered.
2.12 Insurance Requirements
a) Commercial General Liability
The successful Respondent(s) shall, at his/her expense, obtain and keep in force
during the term of this Agreement, Commercial General Liability Insurance
satisfactory to the Municipality, including the following and underwritten by an
insurer licensed to conduct business in the Province of Ontario:
i) A limit of liability of not less than $2,000,000/occurrence.
ii) The Municipality shall be named as an additional insured;
iii) The policy shall contain a provision for cross liability in respect of the named
insured;
iv) Non -owned automobile coverage with a limit of at least $2,000,000 including
contractual non -owned coverage;
v) Products and completed operation coverage (Broad Form) with an aggregate
limit not less than $2,000,000.
vi) That 30 days prior notice of an alteration, cancellation or material change in
policy terms which reduces coverage shall be given in writing to the Municipality;
b) Proof of Insurance
The successful Respondent(s) shall provide, together with its Executed agreement,
a certificate(s) of insurance of certified copy(s) of the above -referred to policies,
satisfactory to the Municipality, together with proof of renewal at least ten (10) days
prior to expiry. Provided that if a certificate is provided, all requirements as above
set forth must be shown on the said certificate and notwithstanding the provision of
any certificate, the Municipality may require that the Respondent(s) provide a
certified copy of the policy.
2.13 Workplace Safety & Insurance Board
The Tenderer shall provide the Municipality a valid WSIB Clearance Certificate.
The successful Bidder, will be expected to comply with the health and safety
policies as approved by Council as well as all applicable legislation set out in the
current Occupational Health and Safety Act. Proof of training specific to ladder
safety and working at heights certification must be provided with the form of
tender if applicable.
All applicable current health and safety legislation and environmental legislation and
regulations are considered the minimum requirements that the Contractor must
meet. The Contractor must ensure that all of their employees and sub -contractors
have safety training and certifications equal to, or exceeding, the requirements set
forth in the current Occupational Health and Safety Act and current regulations.
Health and Safety issues will always be given immediate attention by the
Municipality and its representatives, and the Contractors and its sub -contractors.
All employees, contractors/sub-contractors, suppliers and visitors/residents must
immediately report unsafe conditions, incidents, and accidents to the Project/Site
Supervisor/ Inspector.
The Municipality takes pride in the commitment of our employees and contractors,
and will take the necessary steps to ensure Health & Safety on all projects.
2.14 Laws, Notices, Permits & Fees
The successful Respondent(s) shall obtain the necessary permits, licenses and pay
the required fees, as they pertain to this assignment, which are in force at the date
of the Tender Closing. The building permit is the responsibility of the owner.
The successful Respondent(s) shall give the required notices and comply with the
laws, ordinances, rules, regulations, codes and orders of the authorities having
jurisdiction which are, or become, in force during the period for which services are
performed in accordance with the schedule of work.
2.15 Extra Work
No work shall be regarded as extra work, unless it is ordered in writing by the
Corporation and with the agreed price for the same specified in said order, provided
said price is not otherwise determined by the Tender. A statement of the cost of extra
work shall be made within thirty (30) calendar days after the completion of the said
extra work.
2.16 Cancellation
a) The Corporation reserves the right to immediately terminate the Contract for
sufficient cause, including but not limited to such items as non-performance, late
deliveries, inferior quality, pricing problems, etc.
b) If the successful Respondent(s) should neglect to execute the work properly, or
fail to perform any provision of this Award, the Corporation, after three (3)
business days written notice to the successful Respondent(s), may, without
prejudice to any other remedy in existence, make good such deficiencies and may
deduct the cost thereof from any payment then and thereafter due to the
successful Respondent(s). Continued failure of the successful Respondent(s) to
execute the work properly shall result in a termination of Contract. The
Corporation shall provide written notice of termination.
c) The Corporation may elect to terminate the Contract if the original terms and
conditions are significantly changed, giving thirty (30) calendar day's written notice
to the successful Respondent(s).
d) Either party may terminate the Contract by giving the other party sixty (60)
calendar day's written notice, giving reasons acceptable to the other. A period of
less than sixty (60) calendar days to terminate the contract may be negotiable if
mutually agreeable among the parties involved in the Contract.
e1 Failure to maintain the required documentation during the term of this contract
may result in suspension of the work activities and/or cancellation of the contract.
2.17 Consultants
Any consultant involved in developing the specifications intended to be used with
the Tender process cannot be involved in the creation of the response to those
specifications.
2.18 Conflict of Interest
This Tender is made by the Respondent without any connection, knowledge,
comparison of figures or arrangement with any other person or persons making a
Tender for the same work, and is in all respects fair and without collusion or fraud.
2.19 Length of Contract
Term of Contract to be May 1, 2024 - December 31, 2026 with two mutual one (1)
year renewal options.
2.20 Contract Award
Without limiting all other rights that may be exercised by the Corporation pursuant to
this Document, vendors are advised that the Corporation reserves the right to fully
evaluate Vendor Submissions, which evaluation may include, without limitation, a
review of references, past performance history, completion history (including extended
completion dates), litigation history (including construction liens filed by subcontractors
for non -payment) and claims history of the vendors, and to reject a Vendor
Submission if same is not satisfactory to the Corporation.
SECTION B - INFORMATION FOR TENDERERS
PREPARATION OF SPECIFICATIONS AND SUPERVISION OF WORK
aj The specifications for the Work have been prepared by the Municipality of
Bayham Public works Department, who will monitor work to be done under this
Contract. Periodic inspection will be provided on the Contract by Municipality of
Bayham staff, who will also administer the contract works.
b) Questions with respect to this RFT are to be directed in writing to Steve Adams,
Manager of Public Works: sadams(&bayham.on.ca
c) Should a Tenderer find discrepancies, omissions, or ambiguities, or not agree
that the materials and methods specified or designed, will provide an installation
which meets the requirements of the intended Work, he/she shall notify the
Municipality prior to the Tender opening date. The Municipality may choose to
issue a written addendum. Addenda issued during the tendering period will be
allowed for by the Tenderer in submitting his Tender.
LOCATION OF WORK
a) Various locations — Municipality of Bayham
3 SCOPE OF WORK
a) Work under this contract shall include the supply and application of
pavement paint including reflective material, traffic protection and all labour
and material to carry out the pavement marking including directional
pavement arrows, parking stalls, pedestrian and school crosswalks, hazard
and delineation markings and stop blocks. This contract shall exclude centre
line marking, both solid and broken.
b} Bidders shall, after examining the scope and specifications, familiarize
themselves with all the existing conditions and limitations and make due
allowance in their tenders for any such conditions and limitations as they
affect the proper carrying out of their work.
c) The bidder shall not claim at any time after tender submission that there was
any misunderstanding of the terms and conditions of the contract relating to
the site conditions.
d) All work shall be performed in such a manner that widths are properly
maintained. Lines applied free hand shall be straight and uniform. All Stop
Bar Markings shall be applied and terminated in a uniform manner. Broken or
dashed lines shall be applied in a manner consistent with existing lines
where applicable and shall not be applied so as to alternate with previously
applied lines. In the event that previous markings were applied in an incorrect
or inappropriate location or fashion, correction shall be made using proper
premarking techniques after consultation with the Manager of Public Works
or Road Operations Supervisor.
e) The Contractor shall, at all times, carry on the work in such a manner, as not
to interfere with traffic any more than is necessary for the faithful execution of
the Contract, and shall not obstruct any thoroughfare except by permission of
the Director of Operations.
f) All personnel shall be required to wear safety vests with retro-reflective
material attached at all times.
g) The unit used to perform this portion of the contract shall meet or exceed the
following specifications:
i. Be capable of producing top quality marking with true edges free from
waviness or variations from 76 mm to 150 mm wide.
ii. Be capable of simultaneous application of "drop -on" reflective glass
beads (hand gun excluded).
h) The Contractor shall be responsible for the immediate cleaning up of the
road allowance of all dirt, debris, excess paint and beads, empty bead bags
and any other rubbish generated from their operation. In the event that the
Contractor is required to clean or repair equipment which may involve the
expulsion of paint not used for line painting the Contractor shall collect this
paint in a plastic containing device and dispose of the paint in a proper
manner. At no time is this paint to be disposed of in a catch basin, sewer or
buried at the side of the roadway.
1) Pavement markings shall be in accordance to the Ontario Manual of Uniform
Traffic Control Devices.
j) The Contractor shall be responsible for the any stencil used to paint the
pavement markings in accordance with the Ontario Manual of Uniform Traffic
Control Devices.
k) The Contractor shall ensure that each pavement marking is uniformly
covered with reflective glass beads so that it shows the same colour and
shape at night as it does during the day. Any pavement markings improperly
reflectorized shall be repainted at the Contractors expense.
4 MATERIALS
a) The paint to be supplied and applied under this contract shall be the
following paints:
i. M.T.O. Approved Traffic Paints
ii. IBIS Products Ltd. (or demonstrated equivalent with approval of the
Road Operations Supervisor)
iii. White. Serial Number: 40-4600 (Organic Solvent)
iv. White Lines: 44-4247 (Waterborne)
v.Yellow. Serial Number: 40-4761 (Organic Solvent)
vi.Yellow Lines: 44-4339 (Waterborne)
5 METHOD OF APPLICATION AND CONTROL
a) All areas to be painted shall be cleaned of all sand, mud, stones and debris
as directed by the Road Operations Supervisor.
b) No painting will be allowed until the road surfaces are completely dry and
approval is received from the manager of Public Works or Road Operations
Supervisor.
c) The Contractor is hereby advised that it will be his sole responsibility to
safeguard the work from vehicular traffic until dry, by whatever means he
deems necessary, and further, if wet -painted areas are marred or driven
upon by traffic, it will be the Contractor's responsibility to repair the same to
the satisfaction of the Manager of Public Works or Road Operations
Supervisor.
cl} Paint to be supplied under the Contract shall be the paints specified. The
paint shall be applied at a 16-18 ml. wet paint thickness. The following line
widths and spacing shall be used:
i. Stop Lines - 60 cm width.
ii. Crosswalk Lines - 15 cm width.
iii. School crosswalk lines - 30 cm width.
iv. Hazard and delineation lines - 12 cm width on side lines 30 cm on
diagonals 24 c.c.
e} Reflective Material: Material to be Ministry of Transportation and
Communications approved glass drop beads evenly applied at the rate of 0.5
kg to 0.6 kg. per litres of paint on all lines.
f) Paint thinners may only be applied to the paint with the consent of the Road
Operations Supervisor.
t) The Contractor at his own expense shall remove any tracking of fresh paint.
h) The following colours shall be used for painting:
i. Parking Stalls — White or Yellow (as determined by the Road
Operations Supervisor)
ii. Stop Bar Markings at Intersections - White
iii. Street Crossing Markings - White
i) The Manager of Public Works, at his sole discretion shall direct the
Contractor in works to be completed each year. No quantity of work, if
any, is guaranteed each year.
SECTION C — FORM OF TENDER
FOR THE PROVISION OF PAVEMENT MARKINGS
ASSUPPLIEDBY: McJM C11arrtc_InC- 0/4 40J
FILM NAME
ADDRESS " ` I POSTAL CODE
HEREIN AFTER CALLED THE BIDDER
TO: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
56169 Heritage Line
Straffordville , ON NOJ 1YO
HEREIN AFTER CALLED THE CORPORATION
THE RESPONDENT DECLARES
1. No person(s), firm or corporation, other than the Respondent, has any personal interest in this Tender or in the award
for which this Tender is made.
2. No member of Council, officer or employee of the Corporation is or will become interested directly or indirectly as a
contracting party, partner, shareholder, and surety or in any portion of the profits thereof, or in any of the monies to be
derived, there from.
3. 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 and is in all respects without collusion or fraud.
4. By signing this submission, I confirm I have read and understood the content and requirements of this Tender
document.
LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED
ACKNOWLEDGEMENT TO RECEIPT OF ADDENDA
This will acknowledge receipt of the following addenda and, that the pricing quoted includes the
provision set out in such addenda.
ADDENDUM #
DATE RECEIVED
Check here If NO Addenda received
DAT D � -0Nj THIS
DAYOF �Wi
\
2640-RU'A'
1AT
SIGNATURE OF WITNESS
IGNAITJRt
OF RESPSWENT
By my signature, I hereby confirm I am a principal, or have been duly authorized by the principal/board, to sign on behalf of
the above named
PLEASE RETURN THIS FORM WITH YOUR SUBMISSION
RESPONDENT INFORMATION FORM
Bidders must complete this form and name one person to be the contact for the RFT
response and for any clarifications or amendments that might be necessary.
1.
Full Legal Name of Respondent:
aaa�QJ 7 Qf&ci D l n C ,
/
)
l v Y�'�G�l Yti1�lOu`1C.g
2.
_
3.
Any Other Relevant Name Under Which
the Respondent Carries on Business:
Street Address:
City, Province/State:
f +
l�
4.
i
5.
Postal/Zip Code
Office Toll Free Number ( if any);
Office Phone Number:
6.
7.
J l
8.
Office Fax Number:
9.
Company Website (if any);
--
10. WSIB Clearance Number (if applicable):
11. HST Account Number:
12. RFT Contact Person's Name and Title:
13. RFT Contact Person's Office Phone
Number:
14.
RFT Contact Person's Cell Phone
Number:
p
S�C� g� ` — q SDU
15.
RFT Contact Person's Fax Number:
P.__
RFT Contact Person's E-mail:
RESPONDENT'S NAME &
TITLE
f
SIGNATURE
fwv& e .
DATE
PLEASE RETURN THIS FORM WITH YOUR SUBMISSION
SCHEDULE OF UNIT PRICES
Municipality of Bayham— Various locations
Cost/litre - Yellow
Cost/litre - White
prices exclude HST
PLEASE RETURN THIS FORM WITH YOUR SUBMISSION
PLEASE RETURN THIS FORM WITH YOUR SUBMISSION
CONFIRMATION OF FAVOURABLE HEALTH AND SAFETY PRACTICE FORM
The Contractor(s):,29Ag9%1 Oa txdo 1RC .ya A0J&•M Ma.((y -�.twjil
The Municipality of Bayham is committed to:
i. The prevention of workplace injury and illness to all workers at Municipal locations.
ii. The belief that contractor safety is compatible with the safety policy of the
Municipality and is good business.
Assuming a leadership role by citing contractors for any violations of the contract.
�. To ensure the Municipal workplace is a healthy and safe working environment, contractors,
constructors and subcontractors must have knowledge of and operate in compliance with the
Occupational Health and Safety Act and any other legislation pertaining to employee health
and safety.
V For long term contracts, or contracts involving pre -selected contractors, the Township
reserves the right to cancel (or place on probation) the contract of any contractor who is
charged and/or convicted of offences under the Occupational Health and Safety Act while
carrying out any part of a project with the Municipality.
Contractor's Statement of Responsibility:
As a contractor retained to perform work for the Municipality of Bayham, I/we accept the following
health and safety responsibilities:
I/we will comply with all procedures and requirements of the Occupational Health and
Safety Act, Municipal safety policies and procedures, department and site specific policies
and procedures and all applicable legislation or regulations.
i; I/we will work safely with skill and care so as to prevent accidental injury to ourselves,
fellow employees and all other persons on the site of work.
iii For contracts or sub -contracts that involve commercial motor vehicles as defined by the
Highway Traffic Act, I/we acknowledge possession of a current Carrier CVOR abstract with
one of the following safety ratings: Excellent; Satisfactory; Conditional, or Satisfactory -
Unaudited.
IV I/we will advise the Municipality if the CVOR safety rating of our firm is changed to
"Unsatisfactory" at anytime during the course of the contract and, upon request, will provide
the Municipality with a copy of the most recent Carrier CVOR abstract indicating the
sanctions imposed by the Ministry of Transportation.
LAC M uk,( U.
Contractor ,
Signature of Contractor
Nam of Person Signing for Contractor
Date
Da
-
SECTION
GENERAL AND ITEM SPECIAL PROVISIONS
- INDEX —
SP1 Genena|----------.--------------------------. pg23
SP2Safety .............................. ---_--............. --........... ,--..-~......—_—.. pg23
8P3Incidental Items .................... ........................................... ---- .............. —_—..pg23
SECTION D - GENERAL AND ITEM SPECIAL PROVISIONS
SP1 GENERAL
a) All work is for the supply of all labour, equipment and materials required to complete the
works as set out herein.
SP2 SAFETY
a) The Contractor will be responsible to take all necessary steps to protect personnel
(workers, visitors, general public, etc.) and property, from any harm during the course of
the Contract. All work procedures and equipment shall be in accordance with the
Contractor's and legislated standards.
b) Only competent personnel will be permitted on -site. The inspector will determine who is
competent, and will cause to remove from the site any persons not observing or complying
with safety requirements. The Contractor shall supply competent personnel to implement
their safety program and ensure that the Contractor's standards, and those of the
Occupational Health and Safety Act, are being complied with.
c) The Municipality of Bayham will monitor daily to ensure that safety requirements are met.
Continued disregard for safety standards can cause the Contract to be cancelled and the
Contractor removed from the work site.
(l) The Contractor shall report to the jurisdictional authorities, any accident or incident
involving Contractor, Municipality or public personnel and/or property, arising from the
Contractor's execution of the work.
e) The Contractor shall include all provisions of this Contract and any agreement with
subcontractors, and hold all subcontractors equally responsible for safe work performance.
f} If the Contractor is responsible for delay in the progress of the work due to an infraction of
legislated or Contractor Health and Safety requirements, the Contractor will, without
additional cost to the Municipality, work such overtime not to delay in the final completion
of the work or any operations thereof.
SP3 INCIDENTAL ITEMS
a) The following is a partial list of items, the cost of which is to be included in the unit prices of
the tender items. No additional payment will be made for the following:
Cost of inflated insurance
Cost of permits and fees