HomeMy WebLinkAboutMay 21, 2026 - Council - AddendumTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING ADDENDUM Thursday, May 21, 2026 at 7:00 p.m. 11.2 A. Report PS-09/26 by Steve Adams, Manager of Public Works|Drainage Superintendent re RFT-26-01 Award – PR-09 Eden Community Park Pavilion 14. E. By-law No. 2026-033 A by-law to authorize the execution of an agreement between the corporation of the Municipality of Bayham and Franklin Construction for Eden Community Park Pavilion works. 14. F. By-law No. 2026-034 A by-law to authorize the execution of an agreement between the corporation of the Municipality of Bayham and Duncor Enterprises
Inc.
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works/Drainage Superintendent
DATE: May 7, 2026
REPORT: PS-09/26 SUBJECT: RFT-26-01 AWARD – PR-09 EDEN COMMUNITY PARK PAVILION
BACKGROUND:
At its November 4, 2025 meeting, Council received Report TR-19/25 re 2026-2035 Capital Budget – Draft, and passed the following motion, in part:
Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report TR-19/25 re 2026-2035 Capital Budget - Draft be received for information; AND THAT Council approve in principle the 2026-2035 Capital Budget presented with the following edits:
• Bring forward PR-09 to 2026 funded by the Parkland Reserve; The 2026-2035 Capital budget includes the following Items under the Public Works portfolio:
• Capital Item No. PR-09 – Eden Community Park Pavilion - $100,000, Install 9 meters by 12-meter Pavilion. DISCUSSION As part of the planning process for improvements to the Eden Community Park, staff contacted both Tony Wall of View-it Design to prepare a 9x12-metre pavilion drawing and Spriet Associates for an overall site plan that identifies the key features of the park including the
pavilion and playground. Staff have designed the park layout in coordination with the two large municipal drains that pass
through the park to the outlet. Consideration has also been given to accessibility requirements, including the installation of an accessible walkway from the parking lot to the pavilion to ensure full public access to the facility.
The pavilion and playground occupy less than 6% of the total green space within the park. This preserves significant space for future park improvements, which may include courts and sports fields.
Staff also investigated options for providing hydro service to the park in the future. The nearest hydro connection point is approximately 100 metres away and would require a road bore installation. As a result, the estimated cost to provide hydro service to the pavilion would be
approximately $20,000.
Should vandalism or damage at the pavilion create a need for additional lighting, staff would install commercially available solar-mounted lights on the pavilion gables as a cost-effective solution.
Staff issued RFT- 26-01 Eden Community Park Pavilion on April 27, 2026. On May 15, 2026 staff closed the RFT with three (3) tenders received. Tender results are as follows: BIDDER BID PRICE Net of HST Rail Tech Enterprises $132,200.00+HST $134,526.72
Carriage Hill Construction $131,106.00+HST $133,413.47
Franklin Construction $97,993.48+HST $99,718.17
The scope of work is as follows: 1. Site Preparations a. Removal of sod and topsoil b. Install and compact Granular A, installation of re-bar and wire mesh c. Installation of 2-inch insulating foam d. Pour 108 sq metre concrete pad to specifications 2. Framing and Building Work a. Install 6x6 pressure treated post and angle gussets b. Install trusses, as per approved truss package according to designed plan
c. Install roof sheeting and ceiling steel as per plan d. Install Eves and downspouts 3. Site Completion a. Complete topsoil and seed
Staff anticipate the total cost of the staff-completed components of the project to be approximately $16,000. Six picnic tables will be added this year utilizing surplus municipally owned tables following project completion. Staff also anticipate bringing forward a picnic table replacement item for Council’s consideration as part of the 2027 budget process.
The estimated project costs include:
• Site plan
• Design work
• Building permits
• Geotechnical report
• Accessible sidewalk installation (Autoform)
Staff have reviewed the tender documents and deemed all submissions compliant with the tender requirements. Staff contacted the lowest bidder regarding a proposed start date, pending
tender award, and the bidder confirmed their availability to begin ground work in early July, with anticipated completion in September.
Staff’s recommendation would be to utilize Franklin Construction to complete the pavilion. The budget over run will be funded out of the Parkland Reserve Fund.
RECOMMENDATION
1. THAT Report PS-09/26 re RFT-26-01 Award – Eden Community Park Pavilion be received for information; 2. AND THAT Council award the works outlined in RFT-26-01 to Franklin Construction in the amount of $97,993.48+HST; 3. AND THAT the Parkland Reserve be utilized to fund the estimated cost on this project, including completion of any additional costing, to an upset limit of $16,000; 4. AND THAT the appropriate by-law for the tender award be brought forward for Council’s
consideration. Respectfully Submitted by: Reviewed by:
Steve Adams Lorne James, CPA, CA
Manager of Public Works/Drainage Superintendent Acting CAO/Treasurer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2026-033
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND FRANKLIN CONSTUCTION FOR EDEN COMMUNITY PARK PAVILION WORKS
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 26-01 for Eden Community Park Pavilion works
in line with 2026 Capital Budget Item PR-09; AND WHEREAS the Council or the Corporation of the Municipality of Bayham awarded RFT 26-01 to Franklin Construction in the amount of $97,993.48 +HST on May 15, 2026;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Franklin Construction for the Eden Community Park Pavilion works;
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 Franklinfor Eden Community Park
Pavilion works; 2. 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 21st DAY OF MAY, 2026.
___________________________ _____________________________ MAYOR CLERK
Schedule A to By-law 2026-033
Page 1 of 3
THIS AGREEMENT DATED THE 21ST DAY OF MAY, 2026 BETWEEN: The Corporation of the Municipality of Bayham
(Hereinafter called the “Municipality” of the First Part and
Franklin Construction
(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
construct the Eden Community Park Pavilion pursuant to Municipality of Bayham Tender 26-01;
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 26-01 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.
1.5 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.
1.7 The contractor shall provide a Certificate from Workplace Safety and Insurance Board indicating
Schedule A to By-law 2026-033
Page 2 of 3
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 2.1 This Agreement shall take effect on the 21st day of May 2026, and shall remain in
effect until December 31, 2026.
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 N0J 1Y0 Office: (519) 866-5521 Email: sadams@bayham.on.ca
(b) in the case of the Contractor: Franklin Construction.
29 Fulton St. Vienna ON
N0J 1Z0 Email: deanfranklinconstruction@gmail.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.
Schedule A to By-law 2026-033
Page 3 of 3
IN WITNESS WHEREOF the parties have duly executed this Agreement this 21st day of May, 2026.
Authorized by ) THE CORPORATION OF THE Bayham By-law No. 2026-033 ) 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 21st day of May, 2026.
In the presence of ) ) ) _______________________ ) ______________________________
Witness: ) Franklin Construction
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2026-034
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND DUNCOR ENTERPRISES INC.
WHEREAS the Municipality of Bayham, through the Municipality of Central Elgin, contracts for the completion of various surface treatment applications; AND WHEREAS the Municipality of Central Elgin issued Tender 2026-102, being a tender for
road surface treatment;
AND WHEREAS Duncor Enterprises Inc. was the successful bidder for Tender 2026-102; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Duncor Enterprises Inc. for surface treatment applications;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Chief Administrative Officer 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 Duncor Enterprises Inc., being an agreement respecting surface treatment applications;
2. 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 21st DAY OF MAY, 2026.
___________________________ _____________________________
MAYOR CLERK
Page 1 of 3
THIS AGREEMENT DATED THE 21st DAY OF MAY, 2026
BETWEEN: The Corporation of the Municipality of Bayham (Hereinafter called the “Municipality” of the First Part and
Duncor Enterprises Inc. (Hereinafter called the "Contractor") of the Second Part WHEREAS the Municipality, through Elgin County, contracts for the completion of various surface treatment applications;
NOW THEREFORE IN CONSIDERATION OF the mutual covenants herein contained, the payments
required hereby, and such other consideration as the parties hereto deem acceptable, the parties
agree as follows:
Section 1 - General Provisions
1.1 A general description of work is to provide all the labour, equipment and materials required for
Surface Treatment in the Municipality of Bayham pursuant to Central Elgin Tender CE 2026-102;
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 Central Elgin Tender 2026-102 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.
1.5 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
Page 2 of 3
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. 1.7 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
2.1 This Agreement shall take effect on the 21st day of May 2026, and shall remain in
effect until December 31, 2026.
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 N0J 1Y0 Office: (519) 866-5521 Email: eroloson@bayham.on.ca
(b) in the case of the Contractor:
Duncor Enterprises Inc. 101 Big Bay Point Road Barrie, ON L4N 8M5 Email: MichelleChisholm@duncor.ca
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 3 of 3
IN WITNESS WHEREOF the parties have duly executed this Agreement this 21st day of May, 2026.
Authorized by ) THE CORPORATION OF THE Bayham By-law No. 2026-034 ) 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 21st day of May, 2026. In the presence of ) )
) _______________________ ) ______________________________ Witness: ) Duncor Enterprises Inc.
2026 SURFACE TREATMENT
Request for Tender
No. 2026-102
ELECTRONIC BID SUBMISSIONS ONLY
Bid Submissions shall be received by the Bidding System no later than:
April 27, 2026
2:00 p.m. (local time)
Issued: April 13, 2026
Request for Tender No. 2026-102
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TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................................... 1
DATA SHEET FOR BIDDERS .......................................................................................................... 4
DEFINITIONS AND INTERPRETATIONS ........................................................................................ 5
DEFINITIONS ........................................................................................................... 5
INTERPRETATIONS ................................................................................................ 7
PART ONE – INFORMATION FOR BIDDERS ................................................................................. 8
1.1 CONTRACT / INTENT ................................................................................... 8
1.2 BID SUBMISSION ......................................................................................... 8
1.3 INQUIRY / QUESTIONS ................................................................................ 9
1.4 SUBSURFACE SOILS - TEST PITS – N/A ................................................. 10
1.5 ADDENDA ................................................................................................... 10
1.6 ACCEPTANCE OF TERMS ......................................................................... 10
1.7 NON-EXCLUSIVE........................................................................................ 10
1.8 EVALUATION .............................................................................................. 11
1.9 BID BOND (DEPOSIT) AND AGREEMENT TO BOND .............................. 11
1.10 PROOF OF ABILITY .................................................................................... 12
1.11 SUBCONTRACTOR(S) ............................................................................... 12
1.12 PROCUREMENT POLICY .......................................................................... 12
PART TWO – GENERAL TERMS & CONDITIONS ........................................................................13
2.1 GENERAL .................................................................................................... 13
2.2 CONTRACTOR'S INSOLVENCY ................................................................ 13
2.3 DEFAULT / NON-PERFORMANCE ............................................................ 13
2.4 PROTECTION OF EXISTING STRUCTURES ............................................ 14
2.5 RESTORATION ........................................................................................... 14
2.6 UNLOADING ................................................................................................ 14
2.7 UTILITIES .................................................................................................... 14
2.8 ELECTRICAL SAFETY AUTHORITY .......................................................... 14
2.9 ENVIRONMENTAL PROTECTION AND DISPOSAL OF DEBRIS ............. 15
2.10 PROTECTION OF WATER QUALITY ......................................................... 15
2.11 MUNICIPAL ROADS.................................................................................... 15
2.12 IRON BAR MONUMENTS ........................................................................... 15
2.13 DUST CONTROL......................................................................................... 16
2.14 NOISE ABATEMENT ................................................................................... 16
2.15 FREEZING WEATHER ................................................................................ 16
2.16 MAINTENANCE OF TRAFFIC, ACCESS AND SIGN REQUIREMENTS ... 16
2.17 COMPLAINTS AND CLAIMS FROM THE PUBLIC .................................... 16
2.18 GARBAGE COLLECTION ........................................................................... 17
2.19 CLEAN - UP REINSTATEMENT ................................................................. 17
Request for Tender No. 2026-102
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2.20 EMERGENCY AND MAINTENANCE MEASURES .................................... 17
2.21 CHARACTER OF WORKERS ..................................................................... 17
2.22 PROJECT SITE WORKING CONDITIONS ................................................. 17
2.23 TEMPORARY BUILDINGS .......................................................................... 18
2.24 UNIT PRICES .............................................................................................. 18
2.25 COST OF DIESEL FUEL AND PRICE ESCALATION ................................ 18
2.26 QUANTITIES ............................................................................................... 19
2.27 TIME IS OF THE ESSENCE ....................................................................... 19
2.28 SHOP DRAWINGS ...................................................................................... 19
2.29 SUB-SURFACE CONDITIONS ................................................................... 19
2.30 INSPECTION OF WORK ............................................................................. 20
2.31 EMERGENCIES .......................................................................................... 20
2.32 CLAIMS, NEGOTIATIONS, MEDIATION AND ARBITRATION .................. 20
PART THREE – STANDARD TERMS & CONDITIONS .................................................................21
3.1 RIGHTS OF THE MUNICIPALITY ............................................................... 21
3.2 GENERAL NOTES TO BIDDERS ............................................................... 22
3.3 ASSIGNMENT ............................................................................................. 23
3.4 REQUIREMENTS AT TIME OF CONTRACT EXECUTION ....................... 23
3.5 INSURANCE ................................................................................................ 24
3.6 INDEMNIFICATION ..................................................................................... 25
3.7 CONTRACTOR'S LIABILITY AND WSIB COVERAGE .............................. 25
3.8 CARE AND HANDLING ............................................................................... 27
3.9 DEFECTS TO BE MADE GOOD ................................................................. 27
3.10 MUNICIPALITY NOT EMPLOYER .............................................................. 27
3.11 PATENTS AND COPYRIGHTS ................................................................... 28
3.12 CONFLICT OF INTEREST .......................................................................... 28
3.13 STANDARDS AND LEGISLATION: FAILURE TO COMPLY ..................... 28
3.14 FAILURE OF EXECUTION OF CONTRACT .............................................. 28
3.15 COMPLIANCE WITH LAWS AND ACTS .................................................... 29
3.16 PERMITS AND FEES .................................................................................. 29
3.17 FREEDOM OF INFORMATION ................................................................... 29
3.18 ACCESSIBILITY REGULATIONS FOR CONTRACTED SERVICES ......... 30
3.19 ORIGIN OF GOODS AND SERVICES ........................................................ 30
3.20 SAMPLES .................................................................................................... 30
3.21 FAIR WAGES .............................................................................................. 31
3.22 EMPLOYMENT ............................................................................................ 31
3.23 ERRORS, OMISSIONS IN THE MUNICIPAL DOCUMENTS ..................... 31
PART FOUR – SPECIAL TERMS & CONDITIONS ........................................................................32
4.1 GENERAL WORK ....................................................................................... 32
4.2 WORK LOCATIONS .................................................................................... 32
4.3 MAP / DRAWINGS ...................................................................................... 35
4.4 ONTARIO PROVINCIAL STANDARD SPECIFICATIONS (OPSS) MUNI .. 35
4.5 SITE EXAMINATION ................................................................................... 36
Request for Tender No. 2026-102
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4.6 START OF CONSTRUCTION ..................................................................... 36
4.7 WORK COMPLETION SCHEDULE ............................................................ 36
4.8 CONSTRUCTION SCHEDULE ................................................................... 36
4.9 ERRORS AND OMISSIONS OF THE CONTRACTOR .............................. 37
4.10 LIQUIDATED DAMAGES ............................................................................ 37
4.11 FORCE MAJEURE ...................................................................................... 37
4.12 MAINTENANCE/WARRANTY PERIOD ...................................................... 38
4.13 CHANGES TO EQUIPMENT OR SERVICES ............................................. 38
4.14 TERMS OF PAYMENT ................................................................................ 38
4.15 CAPITAL BUDGET APPROVAL ................................................................. 39
4.16 AGREEMENT .............................................................................................. 39
4.17 CONTINGENCY AND PROVISIONAL ITEMS ............................................ 39
4.18 EXTRA WORK ............................................................................................. 39
4.19 PIGGYBACK CONTRACTS – ASSOCIATED MUNICIPALITIES ............... 40
PART FIVE – CONTRACT SPECIFICATIONS ...............................................................................41
5.1 GENERAL .................................................................................................... 41
5.2 MATERIAL SPECIFICATIONS - MICROSURFACING ............................... 41
5.3 MIX DESIGN AND CONTROL .................................................................... 42
5.4 COMPOSITION OF MICROSURFACING ................................................... 42
5.5 PLANT AND EQUIPMENT .......................................................................... 43
5.6 SPREADING EQUIPMENT ......................................................................... 43
5.7 CONSTRUCTION ........................................................................................ 44
5.8 PREPARATION OF THE SURFACE........................................................... 44
5.9 SURFACE TREATMENT ............................................................................. 44
5.10 FINE GRADING PRIOR TO DOUBLE SURFACE TREATMENT ............... 46
APPENDICES ..................................................................................................................................47
APPENDIX A - SAMPLE FORM OF AGREEMENT ............................................... 48
BID FORMS ………………………………………………………………………Attached
Request for Tender No. 2026-102
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DATA SHEET FOR BIDDERS
Tender No. 2026-102
Project Name and Description
Surface Treatment on Various Roads in the Municipality of
Central Elgin. The RFT also includes work for the following
Associated Municipalities:
- Township of Malahide
- Municipality of Bayham
- Township of Southwold
- Municipality of Dutton Dunwich
Bid Submission Type Electronic Bid Submission only
Closing Date and Time April 27, 2026 @ 2:00:59 pm (local time)
Test Pits / Pre-Tender Meeting N/A
Deadline for Questions April 21, 2026 @ 4:00 pm
Bid Bond / Deposit 10% of contract price, excluding HST
Bonding – Performance 100% of contract price, excluding HST
Bonding – Labour & Material 50% of contract price, excluding HST
Open for Acceptance Ninety (90) Calendar days
Tentative Commencement Date June 1, 2026
Completion Date September 30, 2026
Working Days N/A
Maintenance Term Twenty-four (24) months from the date of substantial
completion
Liquidated Damages $1,000 per calendar day
Project Bonus N/A
Contract Administrator Municipality of Central Elgin (Part 1 work only)
Contracts
Separate Contracts are required between the Contractor and
the Municipality of Central Elgin and each of any associated
Municipality’s awarded
Request for Tender No. 2026-102
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DEFINITIONS AND INTERPRETATIONS
DEFINITIONS
Wherever a term set out below appears in the text of this Request for Tender (RFT) capitalized and in italics,
the term shall have the meaning set out for it in this Section. Wherever a term below appears in the text of
this RFT in lower case, it shall be deemed to have the meaning ordinarily attributed to it in the English
language.
(a) Alternative means a choice of things, each being fully compliant.
(b) Associated Municipalities or associated municipalities collectively refers to the municipalities
participating in this Request for Tender and includes the Municipality of Central Elgin, Township of
Malahide, Municipality of Bayham, Municipality of Dutton Dunwich, and the Township of Southwold.
(c) Bidder(s) means all persons, partnerships or corporations who respond to this RFT, and includes their
heirs, successors, and permitted assigns.
(d) Bidding System means the Municipality of Central Elgin’s bid portal website operated by
bids&tenders™ and posted as
https://centralelgin.bidsandtenders.ca/Module/Tenders/en
(e) Contract means the agreement to be entered into between the Contractor and the Municipality with
respect to the supply of the Equipment and Services. It shall be based upon this RFT, with any agreed
upon amendments, and shall also include any plans and specifications and will be held to cover the
supply of any and all work, labour, implements and materials that could be reasonably required to
properly and satisfactorily supply the Equipment or Services.
(f) Contract Administrator means The Municipality of Central Elgin Public Works & Community Services
Department, who will provide contract administration and inspection services for the Municipality’s
portion of this project.
(g) Contractor means the Bidder(s) whose Tender(s) is/are accepted and who has/have agreed to supply
the Equipment and Services as described in the Contract. In either case, the term extends to its legal
representatives, successors and permitted assigns, agents, employees, sub-Contractors and
suppliers.
(h) Equipment means all goods, materials, articles, equipment, software, intellectual property (or any part
of them) and vehicles as described in the Specifications and acquired through the inclusion of such
equipment in a schedule to the Contract from time to time throughout the term of the Contract.
(i) Improper means a Tender that is not in conformity in some manner with the requirements of this RFT
but will be reviewed by the Municipality to determine whether it may be considered in the evaluation
process, in the sole and unfettered discretion of the Municipality.
Request for Tender No. 2026-102
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(j) Municipality means the Municipality of Central Elgin and includes its successors and assigns and,
where applicable and context requires, shall be deemed to include any one or more Associated
Municipality by whom work contemplated by this RFT upon any local road within the territorial limits of
such Associated Municipality has been awarded to the successful bidder hereunder.
(k) RFT means this Request for Tender document, including all schedules, parts and attachments, as
issued by the Municipality, including any addenda or amendments made to it after initial issue.
(l) Services means the services as required and described in Part Four and Five of this RFT.
(m) Successful Bidder means the Bidder(s) whose Tender(s) is/are accepted and who has/have agreed
to supply the Equipment and Services as described in the Contract. In either case, the term extends
to its legal representatives, successors and permitted assigns, agents, employees, sub-Contractors
and suppliers.
(n) Tender(s) means the Bidder’s electronic submission in response to this RFT, including the
specifications, directions, specifications, schedules and requirements, together with all documents of
any description and agreements made or to be made pertaining to the method of supplying the
Equipment or Services or to the quantities as shown of acceptable materials to be furnished under the
Contract.
(o) Total Acquisition Cost means the sum of all costs, including purchase price, all taxes, warranty, life
cycle cost, operating and disposal costs.
(p) Working Day means is defined as any day:
i. except Saturdays, Sundays and Statutory Holidays.
ii. Except a day on which the Contractor is prevented by inclement weather, or conditions resulting
immediately therefrom, adverse to controlling operation or operations, as determined by the
Municipality of Central Elgin from proceeding with at least 60% of the normal labour and equipment
force engaged on such operation or operations for at least five (5) hours towards completion of
such operation or operations. A controlling operation or operations is to be construed to include
any feature of work considered at the time by the Municipality and the Contractor which if delayed
will delay the time of completion of the Contract.
(q) Calendar Day means a consecutive 24-hour period running from midnight to midnight, that includes
every day of the year, regardless of weekends or holidays.
Request for Tender No. 2026-102
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INTERPRETATIONS
The following rules of interpretation apply:
(a) The term ‘best value’ means the most cost efficient and effective manner of supplying the Equipment
or Services in the sole and unfettered opinion of the Municipality.
(b) Each reference to Provincial legislation in this RFT, unless otherwise specified, is a reference to the
Revised Statutes of Ontario, 1990 edition, and, in every case, includes all applicable amendments to
the legislation, including successor legislation.
(c) The words “shall”, “will”, and “must” used in this RFT denote imperative and mean “a requirement
having a significant degree of importance to the objective of this RFT”.
(d) The words “should” or “may” used in this RFT denotes permissive.
(e) The word “and” is an inclusive conjunction, the use of which indicates that all items or phrases in the
subsection, article, or list in which it appears are permitted or required, as the case may be. The word
“or” is an alternate conjunction, the use of which indicates that alternate or optional items or phrases
in the subsection, article or list in which it appears are permitted or required, as the case may be;
however, notwithstanding the foregoing, where the context permits, the word “or” may also be an
inclusive conjunction having the same meaning as the word “and”.
(f) Even if otherwise indicated within, any section of this RFT and as context so requires, any reference
to “Municipality” herein shall be deemed to include reference to any one or more Associated
Municipality or Associated Municipalities or words to that effect.
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PART ONE – INFORMATION FOR BIDDERS
1.1 CONTRACT / INTENT
The Municipality invites qualified experienced Contractor(s) to respond to this Request for Tender for
the supply of all labour, equipment and materials to supply and place Surface Treatment on various
roads throughout the Municipality including roads under the separate ownership and jurisdiction of
the Municipality and, individually, each Associated Municipality, in accordance with the terms,
conditions, specifications, appendices and attachments of this RFT.
It is the intent of the Municipality to secure one Contractor.
The intent of this RFT is to secure the equipment or services outlined herein in accordance with the
terms, conditions, specifications, appendices and attachments of this RFT. The Municipality may or
may not enter into a Contract as a result of the issuance of this RFT. The Municipality may accept
any Tender in whole or in part, whether the price or prices be the lowest or not, and may reject any
and all Tenders.
This RFT includes proposed work for the Municipality in addition to work for any one or more, or
none, of the Associated Municipalities. Locations and quantities of work are listed in Section 4.2
(Work Locations) of this RFT.
1.2 BID SUBMISSION
ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy
submissions are not permitted.
All Bidders shall have a Bidding System Vendor account and be registered as a Plan Taker for this
Bid opportunity, which will enable the Bidder to download the Request for Tender document,
download Addendums, receive email notifications pertaining to this bid opportunity and to submit
their bid electronically through the Bidding System.
Bidders are cautioned that the timing of their Bid Submission is based on when the Bid is RECEIVED
by the Bidding System, not when a Bid is submitted, as Bid transmission can be delayed due to file
transfer size, transmission speed, etc.
For the above reasons, it is recommended that sufficient time to complete your Bid Submission and
attachment(s) (if applicable) and to resolve any issues that may arise. The closing time and date
shall be determined by the Bidding System’s web clock.
Bidders should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the
closing time and date, if they encounter any problems. The Bidding System will send a confirmation
email to the Bidder advising that their bid was submitted successfully. If you do not receive a
confirmation email, contact bids&tenders™ support at support@bidsandtenders.ca.
Late Bids are not permitted by the Municipality’s Bidding System.
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To ensure receipt of the latest information and updates via email regarding this bid, or if a Bidder has
obtained this Bid Document from a third party, the onus is on the Bidder to create a Bidding System
Vendor account and register as a Plan Taker for the bid opportunity.
Bidders may edit or withdraw their Bid Submission prior to the closing time and date. However, the
Bidder is solely responsible to ensure the re-submitted bid is received by the Bidding System no later
than the stated closing time and date.
The onus unequivocally remains with the Bidder to ensure that the bid is submitted electronically
prior to the deadline and in accordance with the submission instructions.
Submission of a Tender will constitute acceptance of all provisions contained in this RFT on the part
of all Bidders.
When submitting a Tender, Bidders must ensure that all areas of this RFT that require information
are completed and submitted in accordance with the instructions. Failure to do so may result in the
incomplete Tender being rejected.
Tenders which are incomplete, conditional, illegible, or obscure or which contain reservations,
erasures, alterations, or irregularities will be declared Improper and may be rejected.
None of the conditions contained on the Bidder’s standard or general conditions of sale shall be of
any effect unless explicitly agreed to by the Municipality.
If after reading the RFT, your organization does not wish to submit a Tender, please complete a
“Notice of No Bid” in the bidding system.
1.3 INQUIRY / QUESTIONS
All inquiries regarding this RFT shall be directed through the Bidding System online by clicking on
the “Submit a Question” button for this bid opportunity.
All questions shall be submitted in writing prior to the question deadline noted on page 4.
Any inquiries will be responded to in writing. Any clarification shall not alter the Tender. Verbal
arrangements or discussions are not binding and cannot be relied upon.
If during the period prior to submission of Tenders, the Municipality determines, in its sole and
unfettered discretion, that part of the Tender requires formal amendment or clarification, written
addenda to this Tender will be produced and distributed to all known Bidders.
Bidders attempting to contact Municipal staff or elected officials other than the contact indicated in
this RFT, for whatever reason during the Tender or evaluation process, are advised that such action
may result in their disqualification from the process. If consultation is deemed to be necessary by
the Municipality, a pre-tender meeting of all Bidders and Municipal staff will be arranged at a location
of the Municipality’s choosing. The Municipality reserves the right to change the deadline for
submission, if necessary, to accommodate such a meeting.
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No officer, agent or employee of the Municipality is authorized to verbally alter any portion of this
RFT. During the period prior to submission of Tenders, any clarification will be issued in the form of
written addenda.
1.4 SUBSURFACE SOILS - TEST PITS – N/A
Not applicable to this contract.
1.5 ADDENDA
The Municipality, may at its discretion, amend or supplement the tender documents by addendum at
any time prior to the closing date. Changes to the tender documents shall be made by Addendum
only. Such changes made by addendum shall be supplementary to and form an integral part of the
tender documents and should be allowed for in arriving at the total price.
Bidders shall acknowledge receipt of any addenda through the Bidding System by checking a box
for each addenda and any applicable attachment.
It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders should
check online at https://centralelgin.bidsandtenders.ca/Module/Tenders/en prior to submitting their Bid
and up until Bid closing time and date in the event additional addenda are issued.
If a Bidder submits their bid prior to the Bid closing time and date and an addenda have been issued,
the Bidding System shall WITHDRAW the Bid submission and the bid status will change to an
INCOMPLETE STATUS and Withdraw the Bid. The Bidder can view this status change in the “MY
BIDS” section of the Bidding System.
The Bidder is solely responsible to:
• make any required adjustments to their Bid; and
• acknowledge the addenda; and
• Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated bid
closing time and date.
1.6 ACCEPTANCE OF TERMS
Each Bidder, by submitting a Tender, represents that the Bidder has read, completely understands,
and accepts the terms, conditions, and specifications of the RFT in full.
1.7 NON-EXCLUSIVE
Bidders should note that any Contract(s) awarded as a result of this RFT will be non-exclusive.
The Municipality may, at its sole and unfettered discretion, purchase the same or similar
Equipment or Services from other sources, including but not limited to other Bidders, during the
term of the Contract(s).
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1.8 EVALUATION
Evaluation will be based on, but not limited to, the following:
a) compliance with tender requirements
b) lowest total bid price
c) experience of Firm/Staff Availability/Client References/Track Record (proof of ability)
1.9 BID BOND (DEPOSIT) AND AGREEMENT TO BOND
Bidders shall upload and submit a DIGITAL Bid Bond and a DIGITAL Agreement to Bond with their
Tender.
Bid Bond
Each Tender must be accompanied by a 10% Bid Bond.
Agreement to Bond
Each Tender must be accompanied by an Agreement to Bond completed and executed by the
Bidder’s Surety. The Agreement to Bond shall provide for a Performance Bond for 100% of the
contract price (excluding HST) and a Labour and Material Payment Bond for 50% of the contract
price (excluding HST).
Electronically Verifiable/Enforceable (e-bond) Format
All Bonds shall be from a Surety Company authorized by law to carry on business in the Province of
Ontario, in favour of the Corporation of the Municipality of Central Elgin. Bonds must be irrevocable
and open for bid acceptance for at least ninety (90) days from the date of bid closing.
Each submission must be accompanied by a digital Bid Bond and a digital Agreement to Bond. The
Municipality will only accept submissions that include both the Bid Bond and Agreement to Bond in
an electronically verifiable/enforceable (e-Bond) format.
For more information regarding e-Bonds bidders are encouraged to contact their surety company or
visit the Surety Association of Canada at the following link:
https://www.surety-canada.com/en/ebonding/index.html
All instruction details for accessing authentication should be included with the uploaded Bond. Note:
A scanned pdf copy of a Bid Bond or an Agreement to Bond are not acceptable.
Any costs associated with e-Bonds are the responsibility and cost of the bidder. No interest will be
paid on any bid deposit.
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1.10 PROOF OF ABILITY
The Bidder shall be qualified and competent to perform the work called for in the Tender. If the Bidder
has not completed similar work for the Municipality or not filed "Proof of Ability" within two years
preceding this Tender, on similar work, they should complete the Proof of Ability section as part of
their electronic bid submission in the Bidding System.
The "Proof of Ability" shall include a list of similar work projects the Bidder has successfully
completed.
The Municipality reserves the right to investigate and evaluate the experience, capability, registration
and financial position of any Bidder prior to an award of a Contract. The Municipality reserves the
right to reject any Bidder or Tender in its sole discretion, based on the information obtained.
1.11 SUBCONTRACTOR(S)
The Bidder shall provide as part of their electronic bid submission in the Bidding System, the name
and address of each proposed subcontractor used in making up the Tender and shall state the
portion of the work allotted to each. Only one subcontractor shall be named for each part of the work
to be sublet.
If no subcontractors are being used, please click the box confirming that your “own forces” will be
used for this project.
The Contractor shall not be allowed to substitute other subcontractors in place of those named in the
Tender without written approval from the Municipality.
1.12 PROCUREMENT POLICY
Bids will be solicited, received, accepted and processed in accordance with the Municipality’s
Procurement By-law as amended from time to time. In submitting a bid, the Bidder agrees and
acknowledges that it has read and will be bound by the terms and conditions of the Municipality’s
Procurement By-law which is posted on the Municipality’s website,
www.centralelgin.org/en/index.aspx.
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PART TWO – GENERAL TERMS & CONDITIONS
2.1 GENERAL
This Tender, including these Terms and Conditions, forms the entire contract between the parties,
and no variations thereof, irrespective of the wording of the Bidder’s acceptance will be effective
unless specifically agreed to in writing.
2.2 CONTRACTOR'S INSOLVENCY
If the Contractor commits any act of bankruptcy, or if a receiver is appointed on account of its
insolvency or in respect of any of its property, or if the Contractor makes a general assignment for
the benefit of its creditors; then, in any such case, the Municipality may, without notice, terminate the
Contract.
If the Contractor fails to comply with any request, instruction or order of the Municipality; or fails to pay
its account; or fails to comply with or persistently disregard statutes, regulations, by-laws or directives
or relevant authorities related to the equipment, material and/or services; or fails to prosecute the
equipment, material and/or services with skill and diligence; or purports to assign or sublet the contract
or a portion of it without the Municipality’s written consent; or refuses to correct defective equipment,
material and/or services; or is otherwise in default in carrying out its part of any of the terms, conditions
and obligations of the contract; then, in any such case, the Municipality may, upon expiration of ten
days from the date of written notice to the Contractor, terminate the contract.
Any termination of the Contract by the Municipality, as mentioned above, shall be without
prejudice to any other rights or remedies the Municipality may have.
2.3 DEFAULT / NON-PERFORMANCE
The Municipality or, if applicable, any Associated Municipality will reserve the right to determine “non-
performance” or “poor quality” of service and further reserves the right to cancel any or all of this
contract at any time should the Contractor’s performance not meet the terms and conditions of the
Tender upon 30 days written notification to the Contractor.
“Non-performance” shall mean the failure to meet the complete terms and conditions of this Contract
including, but not limited to, the response time. In the event of such cancellation, the Municipality
or, if applicable, any Associated Municipality retains the right to claim damages as a result of such
default.
Upon any default of the Contractor, the Municipality or, if applicable, any Associated Municipality at
its election may reduce or cancel any purchase order in the event that any delivery or deliveries
affected are not made at the time specified in this Tender without penalty or prejudice.
If the Municipality or, if applicable, any Associated Municipality terminates the Contract, it is entitled
to:
i. withhold any further payment to the Contractor until the completion of the material or services
and the expiry of all obligations under the contract; and
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ii. recover from the Contractor any loss, damage and expense incurred by the Municipality or, if
applicable, any Associated Municipality by reason of the supplier’s default (which may be
deducted from any monies due or becoming due to the Contractor).
2.4 PROTECTION OF EXISTING STRUCTURES
The Contractor shall be informed of, and protect all existing services, structures and vehicles, to the
satisfaction of the Municipality. Any damage shall be repaired and/or replaced by the Contractor, at
its own expense, to the satisfaction of the Municipality.
2.5 RESTORATION
The Contractor shall repair all damages caused to adjacent property, public or private, such as
sidewalks, roadways, grassed areas, trees and shrubs and any structures at his own expense before
acceptance of the work by the Municipality.
2.6 UNLOADING
Unloading shall be executed by the Contractor using approved lifting techniques.
2.7 UTILITIES
The attention of the Contractor is drawn to the presence of utility pole lines, overhead wires and
underground utilities within the right-of-way. The Contractor shall cooperate with all authorities to
ensure that services and utilities are protected from damage during the performance of the work.
The Contractor will be responsible for determining the location of all utilities and will held liable for
any damage to overhead and underground utilities caused by his operations. Arrangements will be
made by the Contractor with the utility companies to relocate their plant where necessary.
The cost of any necessary relocation work shall be borne by the Municipality being directly billed from
the utility company. No allowance or claims of any nature will be allowed on account of delays or
inconveniences due to utility relocation.
2.8 ELECTRICAL SAFETY AUTHORITY
In accordance with the Electrical Safety Authority (ESA) regulations on the Continuous Safety
Services (CSS) Program, all Contractors providing services at any Municipal location involving any
degree of electrical connections(s) must:
i. Enter all electrical work into a log book (for “routine” work at facilities on the CSS program); and/or
ii. Apply for and receive a Certificate of Inspection, prior to energizing any electrical work (for
“substantial” work at facilities on the CSS program, or any work performed at any Municipal
location NOT on the CSS program).
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2.9 ENVIRONMENTAL PROTECTION AND DISPOSAL OF DEBRIS
The Contractor shall protect the environment by controlling his operations in a manner acceptable to
the governing Conservation Authority, Municipality of Central Elgin, Ministry of Labour and Ministry
of the Environment. The Contractor shall remove and manage all waste materials in accordance
with local and provincial requirements.
The Contractor agrees to assume full responsibility to procure and obtain all permits and
documentation necessary to effect the proper disposal of materials and/or waste removal from the
Municipality’s premises including but not limited the regulations set forth in O.Reg 409/19, On-site
and excess soil management under the Environmental Protection Act.
2.10 PROTECTION OF WATER QUALITY
At all times, the Contractor shall maintain existing ditch and stream flows and shall control all
construction work so as not to allow sediment or other deleterious materials to enter the stream.
No waste or surplus organic material including topsoil is to be stored or disposed of within 30 m of
any watercourses. Run-off from excavation piles will not be permitted to drain directly into
watercourses but shall be diffused onto vegetative areas a minimum of 30 m from the watercourse.
Where this measure is not sufficient or feasible to control sediment entering the watercourses,
sedimentation traps or geotextile coverage will be required.
If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto
vegetated areas a minimum of 30 m from the watercourses and not pumped directly into the
watercourses.
No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in
the vicinity of any creeks shall be limited to the minimum required for construction.
The Contractor shall not carry out equipment maintenance or refueling or store fuel containers within
100 m of any watercourse. The Contractor shall not stockpile construction debris or empty
fuel/pesticide containers within the Contract limits.
2.11 MUNICIPAL ROADS
During construction, if damage occurs to any roads due to construction, it will be the Contractor’s
responsibility to restore damaged roads to their original condition at the Contractor’s own expense.
This includes haul routes.
2.12 IRON BAR MONUMENTS
Standard iron bar survey monuments exist in the field. The Bidder shall allow in his tender, a sum
sufficient to cover the resetting, by an Ontario Land Surveyor, of all survey bars displaced or damaged
during construction.
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2.13 DUST CONTROL
As a part of the work required under Section GC7.06 of the OPS General Conditions, the Contractor
shall take such steps as may be required to prevent dust nuisance from his/her operations either
within the right-of-way or elsewhere or by public traffic where it is the Contractor’s responsibility to
maintain a roadway through the work.
Where the work requires the sawing or grinding of asphalt or the sawing or grinding of concrete,
blades and grinders of the wet type shall be used together with sufficient water to prevent the
incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to
residents of the area where the work is being carried out.
The cost of all such preventative measures shall be borne by the Contractor except, however, where
water or calcium chloride is used to reduce the dust caused by traffic on a roadway, which is the
Contractor’s responsibility to maintain for public traffic. The cost of such quantities of water and
calcium chloride as are authorized by the Municipality to restrict dust to acceptable levels as per the
unit rates in the Bid Forms.
2.14 NOISE ABATEMENT
The Contractor shall at all times, attempt to keep the noise level caused by his operation to a
minimum. The Contractor will not be permitted to carry out any work at night or Sundays, Holidays
without the consent of the Municipality. The Contractor shall comply with the local municipalities
current noise by-law.
2.15 FREEZING WEATHER
It is not expected that winter conditions will be encountered for this project, however if required during
freezing weather, all work shall be adequately protected with straw, tarpaulins or wet steam, or any
combination of these methods, as considered necessary. The cost of all such special precautions
during freezing weather shall be the Contractor’s expense. No payment will be made for frost-ripping
regardless of the depth.
2.16 MAINTENANCE OF TRAFFIC, ACCESS AND SIGN REQUIREMENTS
The Contractor shall provide, erect and maintain construction signs in accordance with the provisions
of the Contract. Traffic Control methods and equipment will be strictly enforced.
Additional traffic control requirements are listed in section five of this RFT.
2.17 COMPLAINTS AND CLAIMS FROM THE PUBLIC
The Contractor shall assign an employee to investigate all complaints from the public resulting from
his work during the course of the project and to immediately rectify any situation from which the public
has just cause for complaint. If the Project Engineer is not on site, the designated employee shall
keep a diary listing of all complaints, the time and date that they were received, and the action taken
by the Contractor to rectify the situation. Copies of complaints shall be made available at the
Municipality’s request.
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2.18 GARBAGE COLLECTION
The Contractor will be responsible for ensuring that garbage collection, including recyclables, is
maintained during construction operations and when necessary, the Contractor shall make
arrangements directly with the collection agency, to permit and co-ordinate pick-up.
2.19 CLEAN - UP REINSTATEMENT
The Contractor is advised that the work site must be maintained in as clean a condition as possible
during the period of the Contract.
2.20 EMERGENCY AND MAINTENANCE MEASURES
Whenever the construction site is unattended by the general superintendent, the name, address and
telephone number of a responsible official of the contracting firm, shall be given to the Municipality.
This official shall be available at all times and have the necessary authority to mobilize workmen and
machinery and to take any action as directed by the Municipality in case emergency or maintenance
measures are required regardless of whether the emergency or requirement for maintenance was
caused by the Contractor’s negligence, an act of God, or any cause whatsoever.
2.21 CHARACTER OF WORKERS
All operators must be fully trained, qualified and experienced. If any operator is not performing
satisfactorily or operating the equipment safely to the satisfaction of the Municipality, the Municipality
reserves the right to have the equipment and the operator removed from the job site immediately
upon request. At all times, the employees of the Contractor shall act in a civil, responsible, courteous
and productive manner.
The Municipality reserves the right to request that any Contractor’s employees be taken off the job,
and not re-employed until satisfactory arrangements have been made to ensure that there is no
repetition of any offending behavior.
The Contractor shall not leave any equipment on Municipal property unattended at any time, unless
the Municipality gives prior approval and such equipment is properly protected to the satisfaction of
the Municipality.
2.22 PROJECT SITE WORKING CONDITIONS
It is the Bidder’s responsibility to investigate the project site and the nature of the work and inform
itself, before bidding, of all the physical, working conditions and administrative practices applicable.
Details of a site visit or test pits, if applicable, are provided in the Information for Bidders, Part One of
this RFT. Bidders not attending mandatory site meetings will be disqualified from the bidding
process.
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2.23 TEMPORARY BUILDINGS
Temporary construction buildings may be erected by the Contractor at the site of the work, but the
location of all temporary buildings used for construction purposes must be submitted to the Engineer
for approval prior to the commencement of the work. In the event that there is inadequate space for
the Contractor's office space, storage yard, etc. the Contractor shall obtain same at his own cost and
payment will be on the basis that such costs are included in a lump sum amount (if required) in the
bid forms.
Adequate fire extinguishers must be provided at the site of any temporary building to be used in case
of fire and all temporary buildings shall comply in all respects with the requirements of any local,
national or provincial legislation pertaining thereto.
The Contractor shall pay for all permits and fees in connection with the erection, movement or placing
of any temporary building. Should any of the Contractor's structures be placed on private property,
two (2) copies of a Form of Release signed by each property owner affected shall be provided by the
Contractor.
2.24 UNIT PRICES
Unit price shall include labour, material, overhead and profit and other relative charges, but shall be
exclusive of HST. Any work done on the basis of unit prices shall be carried out generally in
accordance with the specifications for similar work and shall be the Municipality’s approval.
Bid prices shall be freight on board (F.O.B.) delivered. All prices quoted shall be in Canadian funds
and shall be firm for the term of the contract.
Price changes caused by Government Tax Legislation will be accepted, but these changes must be
submitted in writing and accepted by the Municipality prior to being invoiced. No other price changes
will be accepted.
2.25 COST OF DIESEL FUEL AND PRICE ESCALATION
Municipalities participating in this joint tender understand this type of work requires the use of diesel
fuel and other petroleum-based products to complete this work and that the costs can be beyond the
control of the contractor. With the tender submission, please provide a list of the petroleum-based
products, such as diesel, asphaltic cement and bituminous materials integral to this tender with the
current pricing at time of this tender submission. Should substantial price increases occur between
the time of tender submission and the application of the surface treatment or micro surfacing, the
Municipalities commit to negotiating in good faith and in a reasonable manner and a fair adjustment
to the unit prices submitted.
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2.26 QUANTITIES
Unless otherwise specified in this RFT, quantities shown are approximate and furnished without
liability on behalf of the Municipality. Quantities are supplied for the guidance of the bidders only and
are not to be considered as minimum or maximum quantities.
Unless otherwise stated, payment will be by the unit complete at the Tender price on the actual
quantities deemed acceptable by the Municipality. The Municipality reserves the right to adjust the
quantities based on pricing and approved budgets.
2.27 TIME IS OF THE ESSENCE
The Municipality shall have the right to cancel at any time any contract or any part of any contract
resulting from this Tender in respect to the goods, materials, articles, equipment, work or services,
covered thereby, not delivered or performed by the specified time in the written document, without
incurring any liability whatsoever in respect hereto. “Time is of the essence”.
2.28 SHOP DRAWINGS
The Contractor shall furnish to the Municipality or any Associated Municipality, at proper times, all
shop and setting drawings or diagrams which the Municipality or any Associated Municipality may
deem necessary in order to make clear the work intended or to show its relation to adjacent work of
other trades. The Contractor shall make any changes in such drawings or diagrams which the
Municipality may require consistent with the contract, and shall submit sufficient copies of the revised
prints to the Municipality or any Associated Municipality for approval, all but one of which shall be
returned to the Contractor if approved by the Municipality or any Associated Municipality. When
submitting shop and setting drawings, the Contractor shall notify the Municipality or any Associated
Municipality in writing of changes made therein from the drawings or specifications. The
Municipality’s or any Associated Municipality’s approval of such drawings or of the revised drawings
shall not relieve the Contractor from responsibility for errors made by the Contractor therein or for
changes made from the drawings or specifications not covered by the Contractor's written notification.
All models and templates submitted shall conform to the spirit and intent of the contract documents.
2.29 SUB-SURFACE CONDITIONS
In the event that during the execution of the work sub-surface conditions at the location of the work
are found to differ materially from those indicated in the contract documents or otherwise represented
in writing by the Municipality or any Associated Municipality to the Contractor then the Contractor
shall promptly notify the Municipality or any Associated Municipality in writing of such conditions. The
Municipality or any Associated Municipality shall promptly investigate such conditions and if he finds
that they differ materially and will result in an increase or decrease in the cost of or time required for
performance of this contract an equitable adjustment shall be made between the parties and the
contract modified in writing accordingly. If the parties fail to agree, the dispute shall be determined
by arbitration as detailed in this section.
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2.30 INSPECTION OF WORK
The Municipality and any Associated Municipality shall at all times have access to the work wherever
it is in preparation or progress and the Contractor shall provide proper facilities for such access and
for inspection. If the specifications, the Municipality’s instructions, the laws, or the ordinances of any
public authority require any work to be specially tested or approved, the Contractor shall give the
Municipality or any Associated Municipality timely notice of its readiness for inspection, and if the
inspection is by an authority other than the Municipality, of the date and time fixed for such inspection.
Inspections by the Municipality or any Associated Municipality shall be promptly made. If any such
work should be covered up without approval or consent of the Municipality or any Associated
Municipality, it must, if required by the Municipality or any Associated Municipality, be uncovered for
examination and made good at the Contractor's expense. Re-examination of quoted work may be
ordered by the Engineer. If such work be found in accordance with the contract, the Municipality or
any Associated Municipality shall pay the cost of re-examination and replacement. If such work be
found not in accordance with the contract, through the fault of the Contractor, the Contractor shall
pay such cost.
2.31 EMERGENCIES
The Municipality or any Associated Municipality has authority to stop the progress of the work
whenever in his opinion such stoppage may be necessary to ensure its proper execution. In an
emergency affecting or threatening the safety of life, or of the structure, or of adjoining property, he
has authority to make such changes and to order, assess and award the cost of such work extra to
the contract or otherwise as may in his opinion be necessary.
2.32 CLAIMS, NEGOTIATIONS, MEDIATION AND ARBITRATION
With regard to all matters concerning claims, negotiations, mediation, and arbitration, the Ontario
Provincial Standards (OPS.MUNI 100) Sections GC 3.13 to GC 3.14 shall apply.
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PART THREE – STANDARD TERMS & CONDITIONS
3.1 RIGHTS OF THE MUNICIPALITY
The Municipality is not liable for any costs incurred by the Bidder in the preparation of their response
to the Tender. Furthermore, the Municipality shall not be responsible for any liabilities, costs,
expenses, loss or damage incurred, sustained or suffered by any Bidder, prior or subsequent to, or
by reason of the acceptance, or non-acceptance by the Municipality of any bid or by reason of any
delay in the award of the contract.
The Municipality reserves the right to request specific requirements not adequately covered in their
initial submission and clarify information contained in the Request for Tender.
The Municipality reserves the right to modify any and all requirements stated in the Request for
Tender at any time prior to the possible awarding of a contract.
The Municipality reserves the right to cancel this Request for Tender at any time, without penalty or
cost to the Municipality. This Request for Tender should not be considered a commitment by the
Municipality to enter into any contract.
The Municipality reserves the right to cancel this Request for Tender and not accept any tender at all
if the costs exceed the Council approved budget amount.
The Municipality reserves the right to enter into negotiations with the selected Bidder. If these
negotiations are not successfully concluded, the Municipality reserves the right to begin negotiations
with the next selected Bidder.
In the event of any disagreement between the Municipality and the Bidder regarding the interpretation
of the provisions of the Request for Tender, the Director of Corporate Services/Treasurer or an
individual acting in that capacity, shall make the final determination as to interpretation.
The Municipality reserves the right to evaluate the bids based on past performance, timely project
completion, appropriate manpower, equipment and facilities.
The Municipality reserves the right to award by items, groups of items, parts of items or parts of
groups of items, or all items of the Tender, and to award Contracts to one or more Bidders; to accept
or reject any Tender in whole or in part; to waive irregularities and omissions in the Municipality’s sole
and unfettered discretion, if in so doing, the best interests of the Municipality will be served. No
liability shall accrue to the Municipality for its decision in this regard.
Should the Municipality receive only one (1) Tender on commodities/services that have a known
multiple source potential, the right is reserved to recall or cancel the competition or to negotiate the
prices/terms offered by the Bidder.
All Tenders shall be irrevocable for ninety (90) days following the deadline for submission to allow
sufficient time for evaluation of the Tenders and for the investigation of the Bidders.
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The Municipality and likewise the successful Bidder shall have the right during anytime of this contract
to cancel this contract within 30 days’ notice in writing without penalty or recourse.
Upon acceptance of a Tender, or any part of it, by the Municipality, the successful Bidder shall, if
requested by the Municipality or, if applicable, any Associated Municipality, execute and enter into
an additional formal contract that is satisfactory to the Municipality or such Associated Municipality to
properly secure the Contract resulting from the acceptance of a Tender, or any part of it and to
embody indemnity and related provisions as required to protect the Municipality or such Associated
Municipality.
No Tender shall be accepted from any person or Bidder who, has a claim or has instituted a legal
proceeding against the Municipality or against whom the Municipality has a claim or has instituted a
legal proceeding, without the prior approval of Municipal Council. This applies whether the legal
proceeding is related or unrelated to the subject matter of this RFT.
The Municipality may request to inspect the successful bidder’s equipment to determine the ability to
adequately service the requirements of this contract. Such inspection may result in disqualification of
a Bidder if in the judgment of the Municipality the bidder’s product or equipment does not adequately
fulfill this contract.
Failure to comply with all terms, specifications, requirements, conditions and general provision of this
Tender, to the satisfaction of the Municipality, shall be just cause for cancellation of the contract
award. The Municipality shall then have the right to award the contract to any other Bidders or to
reissue the Tender. The Municipality shall assess against the Bidder any damages whatsoever as
a result of failure to perform. In addition, the Municipality may, at its discretion, stop the performance
of this contract until such time as the successful Bidder complies with all the provisions of this
contract.
3.2 GENERAL NOTES TO BIDDERS
The Bidder is not to act on verbal instruction from the Municipality or, if applicable, any Associated
Municipality on work they consider to be extra to their contract scope. Extra work can only be
authorized by the Municipality or, if applicable, any Associated Municipality and in a written format
only. The written form must also include that this work is an extra to the contract scope and the
method by which extra costs will be tabulated.
The Contractor shall provide a competent representative to be constantly on site during all working
hours and ongoing throughout the execution of the Works. The Contractor's representative shall, at
all times, be in full control and be responsible for all activities and all phases of Work including those
portions of the Works performed by sub-contractors. The competent representative is required to
supervise work and workers and ensure compliance of regulatory and tender requirements.
Bidders must meet the Municipality's requirements for experience. The Municipality will disqualify
any Bidder who cannot provide the following, when requested by the Municipality.
i. proof that they have previously held and satisfactorily completed a contract of the size and type
being proposed; or
ii. proof of employment in the type of service being proposed and written references as to their
satisfactory performance; or
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iii. adequately demonstrate that they have the ability to provide the necessary expertise and
resources to satisfactorily complete the Contract.
The Municipality reserves the right to investigate and evaluate the experience, capability, registration
and financial position of any bidder prior to an award of a contract. The Municipality reserves the
right to reject any bidder or Tender based on the information obtained.
3.3 ASSIGNMENT
The Contractor shall not assign the Contract (or any portion of it) without the prior written consent of
the Municipality.
It is understood and agreed that the Bidder will be an independent Contractor and that all services
will be performed by the employees or agents of the Contractor. Sub-contracting agreements made
by the Contractor will not release the Contractor from any obligation to the Municipality with respect
to the performance of the Contract. Joint or consortium Tenders must have one prime Contractor
who will be responsible for overall project success, provide one point of contact and a single billing
point. The Municipality shall not be responsible for payment to the Contractor’s partners, sub-
contractors or suppliers in the event the prime Contractor defaults on its responsibilities. The prime
Contractor must communicate such to its partners, sub-Contractors and suppliers. The prime
Contractor must also provide the Municipality with a written statement outlining function components
that the sub-Contractor(s) will be offering. The Municipality must grant prior written approval, in its
sole and unfettered discretion, for any assignment and all sub-Contractors.
3.4 REQUIREMENTS AT TIME OF CONTRACT EXECUTION
Subject to an award of the Contract by the Municipality and/or any Associated Municipality, the
successful Bidder is required to submit the following documentation in a form satisfactory to the
Municipality and/or such Associated Municipality:
i. Workplace Safety and Insurance Board Clearance Certificate.
ii. Insurance Certificates, as described in this document, showing proof of the requested policies
and amounts as noted in section 3.5.
iii. Verification of receipt of a copy of the Municipality of Central Elgin Health and Safety Policy
iv. A copy of the Contractor's Health and Safety Policy
v. Performance Bond(s) equal to the full value of the applicable portion of the Works contemplated
by this RFT, naming the Municipality or, if applicable, the Associated Municipality as beneficiary
thereunder;
vi. Labour and Materials Bond(s) equal to the 50% of value of labour and materials for the applicable
portion of Works contemplated by this RFT, naming the Municipality or, if applicable, the
Associated Municipality as beneficiary thereunder.
vii. Documentation confirming all employees are bonded or bondable. (not applicable)
viii. Security Clearance - available for all employees if requested. (not applicable)
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When the Agreement is executed by the Municipality or, if applicable, an Associated Municipality and
by the Contractor, an executed copy thereof together with the other Contract Documents is delivered
to the Contractor. Neither the Municipality nor any Associated Municipality shall be responsible for
any liabilities, costs or expenses, loss or damage incurred, sustained or suffered by any Bidder prior
or subsequent to or by reason of the acceptance or the non-acceptance by the Municipality or by
reasons of delay in the acceptance of a Tender save as provided in the Contract. Tenders are subject
to a Formal Contract being prepared and executed. The Municipality reserves the right to reject any
or all Tenders and to waive formalities as the interest of the Municipality, including the Associated
Municipalities, may require without stating reasons and therefore the lowest or any Tender will not
necessarily be accepted.
3.5 INSURANCE
The Contractor shall at its own expense obtain and maintain until the termination of the contract and
provide the Municipality and any Associated Municipality with evidence of the following insurance:
i. General Liability Insurance
The Contractor will provide at its own expense General Liability Insurance on an occurrence
basis for an amount not less than Five Million ($5,000,000) dollars and shall include the
Corporation of the Municipality of Central Elgin and each contracted Associated
Municipality as an additional insured with respect to the Contractor's operations, acts and
omissions relating to its obligations under this Agreement, such policy to include the following:
1) owners' protective products and completed operations;
2) non-owned automobile liability;
3) personal injury;
4) broad from property damage;
5) contractual liability;
6) contingent employers’ liability;
7) cross liability;
8) severability of interest clauses.
ii. Automobile/Equipment Insurance
The Contractor shall provide at their own expense (including the cost of deductibles) and
maintain and keep in force during the term of this agreement, such policy to include against
claims for personal injury, death, property damage or loss, arising from an accident or occurrence
relating to this agreement, in an amount of not less than Five Million ($5,000,000) dollars in
respect of each claim or occurrence. The insurance policy as required herein shall be in force
during the term of the Contract.
The coverage shall be effective prior to the Contractor performing any services under this Contract.
The policies shown above will not be cancelled or permitted to lapse unless the insurer notifies the
Municipality and each contracted Associated Municipality in writing at least thirty (30) days prior to
the effective date of cancellation or expiry.
The Municipality and each contracted Associated Municipality reserves the right to request such
higher limits of insurance or other types of policies appropriate to the work, as the Municipality and
such Associated Municipality may reasonably require.
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The Contractor shall not commence work until such time as the required evidence of insurance has
been filed with and approved by the Municipality and each contracted Associated Municipality. The
Contractor shall further provide that evidence of the continuance of said insurance is filed at each
policy renewal date for the duration of the contract.
3.6 INDEMNIFICATION
The Contractor agrees that it shall continuously save, keep harmless and fully indemnify the
Municipality and each Associated Municipality, including any elected officials, employees and agents
and any heirs, executors, successors and assigns, as the case may be, from and against all actions,
claims, suits, demands, proceedings, losses, liabilities, damages, injuries (including death), costs and
expenses (including legal costs), which may be brought against or made upon the Municipality and/or
any Associated Municipality and resulting from or arising out of the Contractor’s performance of or
rendering of any Services pursuant to the Contract.
The Contractor shall also indemnify the Municipality and any Associated Municipality from all claims
arising out of unpaid accounts relating to the Contract. The Municipality and any contracted
Associated Municipality shall have the right at any time to require satisfactory evidence that the
Equipment (or any part of it) in respect of which any payment has been made or is to be made as
contemplated by this RFT or any contract hereunder is free of and clear of construction or other liens,
attachments, claims, and demands, charges or other encumbrances.
3.7 CONTRACTOR'S LIABILITY AND WSIB COVERAGE
Any work performed by the Contractor upon the lands of the Municipality or any Associated
Municipality or otherwise in connection with the proposed work, shall be solely at the Contractor's
own risk and the Municipality and the Associated Municipalities shall not be liable to the Contractor
or the Contractor's employees, agents or invitees for any damage, injury or loss sustained by them,
including death, or to their property as a result of working or operating hereupon.
The Contractor shall be responsible for any damage, injury (including death) or loss sustained by the
Contractor or any other person, or to its or any other person's property as a result of working or
operating upon the lands of the Municipality or the Associated Municipalities and providing the goods
and services of this project and shall obtain public liability insurance, property damage insurance and
automobile insurance all to the satisfaction of the Municipality and the Associated Municipalities in
every respect including without limitation, amount of coverage and deductible amounts. Such
insurance shall be in accordance with section 3.5. The Contractor shall provide a certificate of
insurance evidencing the foregoing requirements to the satisfaction of the Municipality and its
agencies prior to issuance of the Purchase Order and Commencement of work.
The Contractor must obtain and forward to the Municipality and any Associated Municipality a letter
of clearance from the Workplace Safety and Insurance Board stating that the Contractor is in good
standing with the Board as of the current date and every 60 days thereafter ensuring ongoing good
standing with the Workplace Safety and Insurance Board. This is also required for all
subcontractors.
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If the Contractor is unable to submit this clearance because a claim of independent operator status
is being made, with no insurable workers, the Contractor must submit to Financial Services a written
confirmation from the Workplace Safety and Insurance Board of its status as an independent operator
for the contract. Work will not be authorized to begin until this document is received in
Financial Services.
The Contractor shall at all times pay, or cause to be paid, any assessment or compensation required
to be paid pursuant to the Workplace Safety and Insurance Act and upon failure to do so, the
Municipality and/or a contracted Associated Municipality may pay such assessment or compensation
to the Workplace Safety and Insurance Board, and the Contractor shall forthwith reimburse the
Municipality or such Associated Municipality. The Municipality or the said Associated Municipality
may at its option deduct such expenses from any monies owed to the Contractor.
3.7.1 Safety
i. The Contractor, his/her workers, sub-Contractors, and their workmen, must have a good
knowledge of, and abide by, the provisions of all legislative enactment's, by-laws and
regulations in regards to safety in the Province of Ontario.
ii. All work shall comply with all applicable safety regulations, codes and general safe working
practices of the trade.
iii. The Contractor shall provide and maintain adequate barricades, warning signs, out of order
signs, and all reasonable protection when required.
iv. All electrical equipment which must be used by the Contractor shall be safe to use, properly
grounded, CSA approved, and be of no hindrance to the building electrical system or
equipment.
3.7.2 Workplace Hazardous Material Information System (WHMIS)
i. Prior to commencement of work the Contractor shall provide, to the Municipality or any
Associated Municipality, a list of those products controlled under WHMIS and the required
Safety Data Sheets, which they expect to use on this Contract. All containers used in the
application of products controlled under WHMIS shall be labeled.
ii. The Contractor shall notify the Purchasing Coordinator of changes to the list in writing and
provide the relevant Safety Data Sheets.
3.7.3 Spills Reporting
i. Spills or discharges of pollutants or contaminants under the control of the Contractor, and
spills or discharges of pollutants or contaminants that are a result of the Contractor’s
operations that cause or are likely to cause adverse effects shall forthwith be reported to the
Municipality or any Associated Municipality. Such spills or discharges and their adverse
effects shall be as defined in the Environmental Protection Act, Chapter E.19, R.S.O., 1990.
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ii. All spills or discharges of liquid, other than the accumulated rain water from luminaries,
internally illuminated signs, lamps and liquid type transformers under the control of the
Contractor, and all spills or discharges from this equipment that are a result of the
Contractor’s operations shall, unless otherwise indicated in the Contract, be assumed to
contain PCB’s and shall forthwith be reported to the Municipality.
iii. This reporting will not relieve the Contractor of his/her legislated responsibilities regarding
such spills or discharges.
3.8 CARE AND HANDLING
The Contractor will assume full responsibility for the safe handling and delivery of materials, in
accordance with the Transportation of Dangerous Goods Act, the Occupational Health and Safety
Act including amendments (WHMIS), and any other municipal, provincial or federal legislation
applicable during the term of this Contract.
Prior to commencement of the work the Contractor shall provide a list of products controlled under
WHMIS which he expects to supply on this Contract. The Contractor will provide Material Safety
Data Sheets (M.S.D.S.) to the Municipality or any contracted Associated Municipality prior to Contract
commencement.
The Contractor(s) shall be aware of and conform to all governing regulations, including those
established by the Municipality or any contracted Associated Municipality, related to employee health
and safety. The Contractor shall keep employees and sub-Contractors informed of such regulations.
The Contractor will be responsible for obtaining a Workplace Safety and Health Policy and to adhere
to the policy, including the dress code for on-the-job safety.
3.9 DEFECTS TO BE MADE GOOD
If, in the final inspection of the work, any broken or crushed pipes or specials or any defects are found
in connections or in any equipment and appurtenances, the Contractor shall cause the same to be
repaired or removed and replaced by proper materials and workmanship, without extra compensation
for labour and materials required.
3.10 MUNICIPALITY NOT EMPLOYER
The Bidder agrees that the Municipality and all Associated Municipalities are not to be understood
as the employer to any contractor nor to such contractor’s personnel or staff for any work, services,
or supply of any products or materials that may be awarded as a result of this bid document. Also,
in accordance with the Occupational Health and Safety Act, the successful Contractor herewith
agrees to be the “constructor” as defined under this act.
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3.11 PATENTS AND COPYRIGHTS
The Contractor shall, at its sole expense, defend all claims, actions or proceedings against the
Municipality and any Associated Municipality based on any allegations that the Equipment (or any
part of it) constitutes an infringement of any patent, copyright or other proprietary right, and shall pay
to the Municipality and/or any Associated Municipality all costs, damages, charges and expenses,
including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality in this
regard.
The Contractor shall pay all royalties and patent license fees required for the Equipment.
If the Equipment (or any part of it) is in any action or proceeding held to constitute an infringement of
any patent, copyright or other proprietary right, the Contractor shall either secure for the Municipality
or any Associated Municipality the right to continue using the Equipment or shall, at the Contractor’s
sole expense, replace the infringing Equipment with non-infringing Equipment or modify it so that the
Equipment no longer infringes.
3.12 CONFLICT OF INTEREST
Each Tender shall include a statement indicating whether or not the firm or any individuals working
on the contract has a possible conflict of interest (e.g. employed by the Municipality or any Associated
Municipality) and, if so, the nature of that conflict. The Municipality and any Associated Municipality
reserves the right to cancel the award if any interest disclosed from any source could either give the
appearance of a conflict or cause speculation as to the objectivity of the program to be developed by
the bidder. The determination of the Municipality or any Associated Municipality regarding any
questions of conflict of interest shall be final.
3.13 STANDARDS AND LEGISLATION: FAILURE TO COMPLY
The Contractor shall comply with relevant federal, provincial and municipal statutes, regulations and
by-laws pertaining the Contract and its performance. The Contractor shall be responsible for
ensuring similar compliance by its suppliers and Sub-Contractors. The Contract shall be governed
and interpreted in accordance with the laws of the Province of Ontario. The contractor may be
required to provide written documentation that all material proposed meet Municipal, Provincial and
Federal Government standards, legislation and laws. Failure by the contractor to comply with these
laws, legislation, regulations and provisions shall be just cause for the Municipality or any Associated
Municipality at its discretion to stop performance of this contract, until such times as the contractor
complies with these laws, etc. Also, the Municipality and/or any Associated Municipality may at its
discretion award the contract to any other compliant bidder or may re-issue the Tender. The
Municipality and/or any Associated Municipality may assess against the contractor any damages
whatsoever as a result of failure to comply.
3.14 FAILURE OF EXECUTION OF CONTRACT
Failure to execute the contract and to file satisfactory insurance policies and Workplace Safety and
Insurance Board documentation as required herein within the specified time period shall be just cause
for the cancellation of the contract award.
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3.15 COMPLIANCE WITH LAWS AND ACTS
The Contractor shall comply with all Federal, Provincial and Municipal Laws, statutes, regulations
and by-laws, relevant to this Tender including but not limited to:
i. The Construction Lien Act, R.S.O. 1990, c.C.30, as amended
ii. The Environmental Protection Act., R.S.O. 1990, c. E.19, as amended
iii. The Occupational Health and Safety Act., R.S.O. 1990, c.O.1, as amended
iv. Workplace Safety and Insurance Act, effective January 1, 1998, as amended
v. The Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1999, c.M.56,
as amended
vi. Municipal Conflict of Interest Act, R.S.O. 1990, as amended
vii. Fairness is a Two-Way Street Act (Construction Labour Mobility), 1999, R.S.O. 1999, c.4
viii. Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005,c.11, as amended
The Contractor shall be responsible for ensuring similar compliance by its suppliers and sub-
Contractors.
3.16 PERMITS AND FEES
The Contractor shall pay for all permits, licenses and fees, and give all notices and comply with all
by- laws and regulations of the Municipality and any Associated Municipality, and any other governing
body.
3.17 FREEDOM OF INFORMATION
All information obtained relative to this Request for Tender is the property of the Municipality and the
Associated Municipalities and shall be treated as confidential and not used for any purpose other
than for replying to this Request for Tender. All information is subject to the provisions of the
Municipal Freedom of Information and Protection of Privacy Act and records retention policy of the
Municipality and the Associated Municipalities.
Submissions of Bids as a result of this Tender are in accordance with the Municipal Freedom of
Information and Protection of Privacy Act (MFIPPA).
Release of information contained in the Tender may be requested by anyone under the MFIPPA
unless they contain either a trade secret or information that if disclosed would result in harm to the
Bidder. This would include scientific, technical, financial or labour relations information.
All requests for information must be made in writing and submitted to the Chief Administrative Officer
of the Municipality and the Associated Municipalities.
In addition, certain contractual information must be disclosed to Council for the Municipality and
Associated Municipalities and accordingly may become part of the public record.
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Bidders may mark any part of their submission as confidential except the Total Contract Price and
their name. A watermark or rubber stamp imprint is suitable for this purpose. The Municipality will
use its best efforts not to disclose any information so marked, except for the Associated
Municipalities, but shall not be liable to a Bidder where information is disclosed by virtue of an order
of the Privacy Commissioner or otherwise as required by law.
3.18 ACCESSIBILITY REGULATIONS FOR CONTRACTED SERVICES
The Municipality is committed to the accessibility principles of preventing and removing barriers in
accessing goods and services for people with disabilities and is bound by the Standards under the
Accessibility for Ontarians with Disabilities Act, 2005 as may be amended from time to time.
Regulations enacted under the Act apply to every designated public sector organization and other
third parties that provide goods and services to the members of the public.
The Contractor and all sub-contractors hired by the Contractor in the completion of its work will meet
or exceed compliance with all applicable regulations under the Accessibility for Ontarians with
Disabilities Act, 2005 as may be amended from time to time.
It is the Contractors responsibility to ensure they are fully aware of and meet all the requirements
under the Act. A Declaration of Accessibility Compliance will be required by the successful bidder.
3.19 ORIGIN OF GOODS AND SERVICES
Whenever possible, the equipment or services specified or called for in or under this Tender shall be
of Canadian origin and manufacture.
If patented or proprietary goods, material, articles, or equipment are mentioned in this RFT, Tenders
submitted on approved equivalents will be considered, but the mark or brand of them must be
specified in the Tender.
The Municipality and any Associated Municipality will be the sole and final judge as to whether an
alternate product is equivalent or not and this decision will be final and non-reviewable by any court
or tribunal.
3.20 SAMPLES
Samples, when required, must be submitted strictly in accordance with the instructions. If samples
are requested after opening of Tenders, they shall be delivered within three (3) working days following
request, unless additional time is granted. Samples must be submitted free of charge and will be
returned at the Bidder’s expense, if so requested, provided they have not been destroyed by tests,
or provided they are not required for comparison purposes.
The acceptance of samples by the Municipality and any Associated Municipality shall be at its sole
discretion and any such acceptance shall in no way be construed to imply relief of the Contractor
from its obligations under the Contract.
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3.21 FAIR WAGES
All persons employed by the Contractor and his Sub-Contractors or in connection with the work
shall be paid fair wages and shall have hours in conformity with Section GC7.11 of the current
edition of the Ontario Ministry of Labour’s Roads and Structures Fair Wages Schedule and any
amendments thereto.
3.22 EMPLOYMENT
The Contractor or any sub-Contractor of the Contract, will, irrespective of the construction to be
carried out under this Contract:
a) Employ only residents of Canada;
b) In employing persons, refrain from discrimination against any person by reason of race, colour,
religious views or political affiliations; and.
c) Give preference to local labour if it is necessary to augment regular forces.
3.23 ERRORS, OMISSIONS IN THE MUNICIPAL DOCUMENTS
The Municipality and/or any Associated Municipality shall not be held liable for any errors or
omissions in any part of this RFT. While the Municipality and Associated Municipalities has used
considerable effort to ensure an accurate representation of information in this RFT, the information
contained in the RFT is supplied solely as a guideline for Bidders. The information is not guaranteed
or warranted to be accurate by the Municipality and/or any Associated Municipality, nor is it
necessarily comprehensive or exhaustive.
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PART FOUR – SPECIAL TERMS & CONDITIONS
4.1 GENERAL WORK
The Contractor shall perform all items of work covered and stipulated in the Specifications, Tender,
Contact Drawings, together with any authorized alterations, special provisions, extra work and
supplemental agreements. The Contractor shall furnish all materials, implements, machinery,
equipment, fuel, tools, supplies, transportation and labour necessary to the prosecution and
completion of the work.
4.2 WORK LOCATIONS
Part 1 – Municipality of Central Elgin Roads
Work will occur on various Central Elgin Roads, identified below:
Single Surface Treatment - Class 5 aggregate (1/4” Quarry Granite) with Polymer emulsion
Road Name From To Length
(km)
Average
Width (m) Treatment Type Estimated
Area (m2)
Mapleton Line Belmont Road East Boundary 0.179 8 SINGLE 1,432
Truman Line Dalewood Road Highbury Avenue 2.449 8 SINGLE 19,992
Pulley Sparta Line Forsyth Line 1.601 8 SINGLE 12,808
Forsyth Pulley Road Springwater Road 0.51 8 SINGLE 4,080
Dalewood Road Truman Line Webber Bourne 0.595 9 SINGLE 5,355
Brouwers Line Quaker Road Powers Road 0.722 9 SINGLE 6,498
Brouwers Line Powers Road Bridge 1.24 9 SINGLE 11,160
Southdale Line
Yarmouth Centre
Road Quaker Road 3.568 8 SINGLE 28,544
Southdale Line 1.2km East of Quaker road Bridge 1.2 8 SINGLE 9,600
TOTAL SINGLE SURFACE TREATMENT 99,469
Double Surface Treatment - Class 2 aggregate (base) and Class 6 aggregate (top) with Polymer
emulsion
Road Name From To Length
(km)
Average
Width (m) Treatment Type Estimated
Area (m2)
Roberts Line
Yarmouth Centre
Road (N) Quaker Road 3.656 9 DOUBLE 32,904
Roberts Line Yarmouth Centre Road (N) Yarmouth Centre Road (S) 0.137 9 DOUBLE 1,233
Roberts Line
Yarmouth Centre
Road (S) Centennial Road 1.953 9 DOUBLE 17,577
TOTAL DOUBLE SURFACE TREATMENT 51,714
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Fine Grading –
Road Name From To Length
(km)
Average
Width (m) Treatment Type Estimated
Area (m2)
Roberts Line
Yarmouth Centre
Road (N) Quaker Road 3.656 9 Fine Grading 32,904
Roberts Line
Yarmouth Centre
Road (N)
Yarmouth Centre Road
(S) 0.137 9 Fine Grading 1,233
Roberts Line
Yarmouth Centre
Road (S) Centennial Road 1.953 9 Fine Grading 17,577
TOTAL FINE GRADING 51,714
Part 2 – Township of Malahide Roads
Work will occur on various Township of Malahide roads as identified below:
Single Surface Treatment - Class 5 aggregate (1/4” Quarry Granite) with Polymer emulsion
Road Name From To Length
(km)
Average
Width (m) Treatment Type Estimated
Area (m2)
COLLEGE LINE ROGERS ROAD IMPERIAL ROAD 2.05 9.0 SINGLE 18,450
DORCHESTER
ROAD LYONS LINE AVON DRIVE 5.68 9.0 SINGLE 51,120
HALF MOON ROAD IMPERIAL ROAD
(WEST)
IMPERIAL ROAD
(EAST) 0.73 7.0 SINGLE 5,110
JAMESTOWN LINE RUSH CREEK
LINE IMPERIAL ROAD 4.71 8.5 SINGLE 40,035
PRESSEY LINE CATHERINE
STREET WALKER ROAD 1.66 9.0 SINGLE 14,940
ROGERS ROAD SOUTH LIMIT JOHN WISE LINE 1.03 7.5 SINGLE 7,725
SPARTA LINE WEST LIMIT MELON ROAD 2.77 7.5 SINGLE 20,775
VIENNA LINE SPRINGFIELD ROAD RICHMOND ROAD 6.17 9.0 SINGLE 55,530
YORKE LINE BELMONT
ROAD IMPERIAL ROAD 7.40 8.5 SINGLE 62,900
TOTAL SINGLE SURFACE TREATMENT 276,585
Double Surface Treatment - Class 2 aggregate (base) and Class 6 aggregate (top) with Polymer
emulsion
Road Name From To Length
(km)
Average
Width (m) Treatment Type Estimated
Area (m2)
COLLEGE LINE
HACIENDA
ROAD SPRINGFIELD ROAD 2.02 9.0 DOUBLE 18,180
TOTAL DOUBLE SURFACE TREATMENT 18,180
Provisional Item #1 – Micro-surfacing Type III
Location Treatment Type Estimated
Area (m2)
SOUTH DORCHESTER COMMUNITY HALL MICRO - TYPE III - SINGLE
APPLICATION
3,500
SOUTH DORCHESTER COMMUNITY HALL TACK COAT 3,500
TOTAL PROVISIONAL ITEM #1 - MICRO-SURFACE TYPE III: 3,500
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Provisional Item #2 – Single Surface Treatment - Class 5 aggregate (1/4” Quarry Granite) with
Polymer emulsion
Road Name From To Length
(km)
Average
Width (m) Treatment Type Estimated
Area (m2)
RUSH CREEK LINE 0.5km WEST OF
IMPERIAL ROAD JAMESTOWN LINE 1.90 8.0 SINGLE 15,200
PRESSEY LINE SPRINGFIELD
ROAD CATHERINE STREET 0.45 7.0 SINGLE 3,150
TOTAL PROVISIONAL ITEM #2 - SINGLE SURFACE TREATMENT 18,350
Provisional Item #3 – Fibre Reinforced Surface Treatment with Polymer emulsion
Road Name From To Length
(km)
Average
Width (m) Treatment Type Estimated
Area (m2)
RUSH CREEK LINE 0.5km WEST OF IMPERIAL ROAD JAMESTOWN LINE 1.90 8.0 SINGLE 15,200
PRESSEY LINE SPRINGFIELD
ROAD CATHERINE STREET 0.45 7.0 SINGLE 3,150
TOTAL PROVISIONAL ITEM #2 - SINGLE SURFACE TREATMENT 18,350
Part 3 – Municipality of Bayham Roads
Work will occur on various Municipality of Bayham roads as identified below:
Single Surface Treatment - Class 5 aggregate (1/4” Quarry Granite) with Polymer emulsion
Road Name From To Length
(km)
Average
Width (m) Treatment Type Estimated
Area (m2)
Murray Road SINGLE 14,000
Chute Line SINGLE 3,900
TOTAL PROVISIONAL ITEM #2 - SINGLE SURFACE TREATMENT 17,900
Part 4 – Township of Southwold
Work will occur on various Township of Southwold roads as identified below:
Single Surface Treatment - Class 5 aggregate (1/4” Quarry Granite) with Polymer emulsion
Road Name From To Length
(km)
Average
Width (m) Treatment Type Estimated
Area (m2)
SOUTHDEL ROAD MILL ROAD 600m EAST OF MILL
ROAD 0.6 7.0 SINGLE 4,200
MILL ROAD SOUTHDEL
ROAD TALBOT LINE 5.85 7.0 SINGLE 40,950
SECOND LINE MAGDALA
ROAD MILL ROAD 2.45 7.0 SINGLE 17,150
SCOTCH LINE COON ROAD LAKE LINE 2.38 7.0 SINGLE 16,660
TOTAL PROVISIONAL ITEM #2 - SINGLE SURFACE TREATMENT 78,960
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Double Surface Treatment - Class 2 aggregate (base) and Class 6 aggregate (top) with Polymer
emulsion
Road Name From To Length
(km)
Average
Width (m) Treatment Type Estimated
Area (m2)
PARSON ROAD SOUTHMINSTER
BOURNE LONGHURST LINE 3.3 7.5 DOUBLE 24,750
PAYNES MILL
ROAD
LONGHURST
LINE TALBOT LINE 2.0 6.5 DOUBLE 13,000
TOTAL DOUBLE SURFACE TREATMENT 37,750
Micro-surfacing Type III
Road Name From To Length
(km)
Average
Width (m) Treatment Type Estimated
Area (m2)
GRAND CANYON
ROAD LAKE LINE SOUTH DEAD END 0.75 5.5
MICRO - TYPE III -
SINGLE
APPLICATION
4,125
GRAND CANYON
ROAD LAKE LINE SOUTH DEAD END 0.75 5.5 TACK COAT 4,125
TOTAL MICRO-SURFACE TREATMENT 4,125
Part 5 – Municipality of Dutton Dunwich
Work will occur on various Municipality of Dutton Dunwich roads as identified below:
Micro-surfacing Type III
Road Name From To Length
(km)
Average
Width (m) Treatment Type Estimated
Area (m2)
THOMSON LINE CURRIE ROAD WEST OF COYNE - -
MICRO - TYPE III -
SINGLE
APPLICATION
28,600
THOMSON LINE CURRIE ROAD WEST OF COYNE - - TACK COAT 28,600
TOTAL MICRO-SURFACE TREATMENT 28,600
4.3 MAP / DRAWINGS
No maps or drawings have been issued for this RFT.
4.4 ONTARIO PROVINCIAL STANDARD SPECIFICATIONS (OPSS) MUNI
The Ontario Provincial Standard Specifications (OPSS) MUNI shall apply and be part of this Contract
and shall govern except as may be extended or amended by the General or Special Conditions or
Specifications.
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4.5 SITE EXAMINATION
The Bidder shall examine the contract documents, make a personal examination of the site and
make all measurements in order to acquaint and satisfy themselves with the conditions under
which they will be obliged to work prior to submitting a bid.
Staff from the Municipality and Associated Municipalities shall assume no responsibility whatsoever
in providing site measurements or details on site conditions. The Bidder is not to claim at any time
after the submission of bid that there was any misunderstanding of the terms and conditions of the
Contract relating to the site conditions.
The Bidder shall make all the investigations necessary to thoroughly be informed with regard to
access to the site as this will be required for construction operations.
4.6 START OF CONSTRUCTION
Bidders are advised that they will be required to commence construction within one week of the
written order to start construction from the Municipality or an Associated Municipality.
A description of material suppliers, subcontractors and site safety plans must be submitted by the
Contractor for review and approval prior to commencing construction.
Before starting construction, the Contractor shall give the Municipality or contracted Associated
Municipality with at least 48 hours’ notice.
4.7 WORK COMPLETION SCHEDULE
The total Contract so awarded shall be completed within the specified finish date. Penalties will be
charged against the contractor if the work remains incomplete after this specified date and is further
defined under section 4.10 “Liquidated Damages”.
Tentative Start Date: June 1, 2026
Completion Date: September 30, 2026
The work is to be performed during daylight hours from Monday to Friday, between 7:00 am and 7:00
pm. Once the contractor has commenced operations, the work shall be continuous and uninterrupted
to completion of the project.
4.8 CONSTRUCTION SCHEDULE
The Contractor shall before commencement of work submit his proposed construction schedule to
the Municipality and all contracted Associated Municipalities for approval. This schedule will be
based on a ten (10) hour work day and a five (5) day work week. Working Saturdays will be
considered on an “as needed” basis and requests to do so must be conveyed to the Municipality no
later than 12:00 p.m. on the preceding Friday. There will be no work performed on Sundays in the
Municipality unless it is of an emergency nature as determined by the Municipality or Associated
Municipality.
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4.9 ERRORS AND OMISSIONS OF THE CONTRACTOR
Errors, mistakes, or omissions made by the Contractor, its agents, employees, sub-contractors or
workmen shall be rectified by the Contractor at its sole expense.
4.10 LIQUIDATED DAMAGES
It is agreed by the parties to the Contract that in the event that the Contractor has not achieved
substantial performance by 11:59p.m. on September 30, 2026, where substantial performance has
the same meaning as section 2(1) of the Construction Act, damages will be sustained by the
Municipality and/or any contracted Associated Municipality.
Since it is and will be impractical and extremely difficult to ascertain and determine the actual loss or
damage which the Municipality and/or any contracted Associated Municipality will suffer in the event
of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Municipality
and/or any contracted Associated Municipality, the sum of $1,000.00 per calendar day commencing
on October 1, 2026 and continuing each and every calendar day thereafter as Liquidated Damages
until substantial performance is achieved. It is agreed that this amount is a reasonable and accurate
pre-estimate of the actual loss or damage to the Municipality and/or any contracted Associated
Municipality which will accrue during the period in excess of September 30, 2026. Any extension to
the contract time due to extra works impacting the project’s critical path will be considered as an
extension to the liquidated damages date as applicable, but in no event will the liquidated damages
date be extended due to days lost to weather.
4.11 FORCE MAJEURE
If the contractor is delayed in the performance of the work by:
a) Labour disputes, strikes, lockouts;
b) Fire, unusual delay by common carriers or unavoidable casualties;
c) Abnormally adverse weather conditions; or
d) Any cause beyond the contractor’s control other than one resulting from a default or breach of
contract by the contractor (ie COVID-19 pandemic);
then the contract time shall be extended for such reasonable time as the Municipality or Associated
Municipality may recommend in consultation with the contractor. The extension of time shall not be
less than the time lost as the result of the event causing the delay, unless the contractor agrees to a
shorter extension. The contractor shall not be entitled to payment for costs incurred by such delays,
unless such delays result from actions by the Municipality, Associated Municipality or anyone
employed or engaged by them directly or indirectly.
The contractor’s right to claim an extension of time is subject to the communication of a written notice
to the Municipality or any Associated Municipality not later than 10 working days after the
commencement of the delay caused by the force majeure event.
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4.12 MAINTENANCE/WARRANTY PERIOD
The Contractor guarantees that the said work shall, for a period of twenty-four (24) months from the
date of substantial completion, remain in such condition as will meet with the approval of the
Municipality and/or Associated Municipality. The Municipality or contracted Associated Municipality
will arrange for a final inspection of the Works prior to the end of the warranty period. The Contractor
will be required to make good in a permanent manner, satisfactory to the Municipality or contracted
Associated Municipality, any imperfections due to materials or workmanship used in the Works. The
decision of the Municipality or contracted Associated Municipality is to be final as to the nature and
cause of such imperfection and the necessity for removing the same. Should the Contractor fail to
comply with the direction by the Municipality or Associated Municipality, the latter may, after giving
the Contractor 14 calendar days written notice, perform the necessary work and the cost may be
deducted by the Municipality or contracted Associated Municipality from monies owing the
Contractor, or to recover the cost from the Contractor.
4.13 CHANGES TO EQUIPMENT OR SERVICES
The Municipality or contracted Associated Municipality may, without invalidating the Contract, direct
the Contractor to make changes to the Equipment or Services. When a change causes an increase
or decrease in the Equipment or Services, the Contract price shall be increased or decreased by the
applicable unit price, or in the absence of applicable unit prices, by an amount to be agreed upon in
writing between the Municipality or contracted Associated Municipality and Contractor. All changes
must be in writing.
4.14 TERMS OF PAYMENT
Payments for materials supplied and work completed shall be on a monthly basis at the rate of
90% providing a 10% holdback in accordance with the Construction Act, 1990 as amended. After
completion and acceptance of the work, the holdback will be paid to the Contractor upon receipt
of a Statutory Declaration that all accounts and labour have been paid in full, receipt of a WSIB
Clearance Certificate and receipt of all “As Built” drawings and documents as required.
All payments will be made within twenty-eight (28) days from receipt of a proper approved invoice
unless the Municipality or contracted Associated Municipality delivers a notice of non-payment to the
Contractor.
Payment will only be issued if there is a valid WSIB Clearance Certificate and Statutory
Declaration attached to each invoice submitted.
Payments made by the Municipality or contracted Associated Municipality, including final payment,
shall not relieve the Contractor from its obligations or liabilities under the Contract.
Vendors must note that payments will be made in accordance with the authorized prices and upset
limit (estimate) outlined in the RFT. No other payments will be made without prior express, written
justification to and authorization by the Municipality or contracted Associated Municipality.
Acceptance by the Contractor of the final payment shall constitute a waiver of claims by the
Contractor against the Municipality, except those previously made in writing in accordance with the
Contract and still unsettled.
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The Municipality or contracted Associated Municipality shall have the right to withhold from any sum
otherwise payable to the Contractor any amount sufficient to remedy any defect or deficiency in the
Equipment, pending correction of the deficiencies or any amount sufficient to satisfy any claim the
Municipality or such Associated Municipality has against the Contractor resulting from a previous
Contract, a legal proceeding or unpaid accounts, including property or business taxes. The
Municipality and/or contracted Associated Municipality will deliver notices of non-payment within
fourteen (14) days from receipt of a proper invoice.
4.15 CAPITAL BUDGET APPROVAL
Award of this tender is subject to Central Elgin Council approval of the 2026 capital budget for Part 1
works. Additionally, award of any Associated Municipality work shall be subject to the Associated
Municipalities Council approval of their 2026 capital budget(s).
4.16 AGREEMENT
A written agreement, prepared by the Municipality and/or contracted Associated Municipality, shall
be executed by the Municipality and/or contracted Associated Municipality and the successful
Contractor.
The Municipality’s sample form of agreement for Part 1 work is included as Appendix A.
Agreements with any one or more Associated Municipalities for Works forming Parts 2, 3, and 4 may
vary.
4.17 CONTINGENCY AND PROVISIONAL ITEMS
Bidders are advised that this tender may have a contingency value in the pricing table. The
contingency value will be calculated as part of the total tender price as applicable.
It is understood and agreed that such Contingency Allowance is merely for the convenience of
accounting by the Municipality and the Contractor is not entitled to payment thereof except for extra
or additional work carried out by them in accordance with the Contract and only to the extent of such
extra or additional work.
This tender may also contain provisional items. If provisional pricing is requested, this pricing shall
be carried forward in the total tendered price unless directed otherwise.
The Municipality reserves the right to delete from the Base Bid Price (Total Contract Price) one or
more of the items identified as provisional items in the Schedule of Prices (bid forms) for credit at the
price shown. All prices are inclusive of all duties and taxes, except HST.
4.18 EXTRA WORK
If the Municipality or any contracted Associated Municipality orders in writing the performance of any
work not covered by the Specifications that cannot be classified as coming under any of the contract
units and for which no unit price, lump sum, or other basis can be agreed upon, then such extra work
shall be performed on a Cost-Plus Percentage basis.
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Any extra work ordered by the Municipality or any contracted Associated Municipality to be done on
a cost-plus basis shall be so done by the Contractor, who shall be paid therefor only the actual cost
thereof, as determined by the estimation of the Municipality or any contracted Associated Municipality
plus 15 per cent for use of plant, tools, etc., and to cover Contractor's profits, and the Contractor must
furnish the Municipality or any contracted Associated Municipality with satisfactory vouchers for all
labour and material expended on the work. Where rental charge is made for trucks, equipment, etc.
no percentage will be allowed on such rental. When such extra work is required, and is performed
by a Sub-contractor, the percentage paid by the Municipality or any contracted Associated
Municipality for overhead, profit, etc., shall be no greater than the sum that would have been paid
had the Contractor himself performed the work.
The Contractor will only be monetarily compensated for performing "extra work" for the actual labour,
machinery, and materials requested to perform the work. All attempts shall be made by the
Contractor to ensure the labour and machinery not required to perform the extra work is constructing
other works outside of the extra work.
All extra work must be approved by the Municipality or any contracted Associated Municipality prior
to commencing construction in the field.
The Contractor must inform the Municipality's or any contracted Associated Municipality’s site
representative (inspector) as soon as extra work is anticipated, to ensure the Municipality's approval
is received in a timely fashion. The Contractor must also notify the Inspector when the extra work is
being constructed to allow verification of time and materials required to perform the work.
4.19 PIGGYBACK CONTRACTS – ASSOCIATED MUNICIPALITIES
It must be clearly understood that, by submitting a Tender in accordance with this document, the
respective bidder is agreeing that specified Associated Municipalities (specifically Municipality of
Central Elgin Municipal Partners) will review the bidders tender document and further thereto, may
determine that it is in their best interest to contract with the successful bidder, utilizing the same terms
and conditions, for completion of works specified herein upon its local roads.
Should any Associated Municipality agree to award the work contemplated by this RFT upon any
roads within its municipality to the successful bidder herein, it will be the consequential responsibility
of that successful bidder to negotiate and execute a separate Contract with each such Associated
Municipality, provided at all times that the terms and conditions of such Contract shall be in keeping
with the terms and conditions of this RFT, unless otherwise agreed upon between the successful
bidder and that specific Associated Municipality.
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PART FIVE – CONTRACT SPECIFICATIONS
5.1 GENERAL
These contract specifications shall apply and be part of any Contract based upon this RFT process,
and shall take precedence over all General Conditions pertaining to the Contract. The Contractor shall
provide all labour, equipment, materials and supervision necessary to complete the work as described
in the Contract.
5.2 MATERIAL SPECIFICATIONS - MICROSURFACING
The Ontario Provincial Standard Specifications (OPSS.MUNI 336, November 2018) for Microsurfacing
shall apply and be part of this Contract and shall govern except as may be extended or amended by
the General or Special Provisions.
The Contractor will design the mixes, supply the mix designs and supply preproduction sample of each
mix to the Municipality. Work will not commence until the mix designs are approved by the Municipality.
At various times throughout the contract, samples will be taken at the discretion of the Municipality to
verify the material is in compliance with O.P.S.S. 1003, 1003 HL1. Any material not qualifying to these
specifications shall be removed, replaced and disposed of (off site) at the Contractor’s own expense.
5.2.1 Aggregate
The aggregate is to be TYPE 3 Microsurfacing, 100% crushed bedrock, physical requirements OPSS
1003 Superpave 12.5 FC1 (Table 3, OPSS.MUNI 336). The gradation requirements shall follow Table
4 in OPSS.MUNI 336. The Contractor shall provide documentation from a certified laboratory
confirming the aggregate meets these requirements.
The application rate is to be 8 to 10 kg per square metre. Documentation may be requested to
verify/confirm daily application rates.
Mineral Filler shall conform to the requirements of ISSA Section 4.3 Mineral Filler. Portland cement,
hydrated lime, limestone dust, fly ash or other approved filler meeting the requirements of AMTM D242
shall be used if required by the mix design. They shall be considered as part of the dry aggregate.
5.2.2 Polymer Modified Emulsified Asphalt
The emulsified asphalt shall be according to OPSS 1103 for a quick set modified cationic type CSS-
1H emulsion and conform to the test requirements in Table 2. A copy of the test results from a certified
laboratory shall be submitted to the Municipality along with the mix design.
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5.3 MIX DESIGN AND CONTROL
The Contractor shall forward to the Engineer, in writing, his proposed job mix formula designed by a
certified laboratory with the following stated:
(a) Source and location of materials
(b) The proportions of all materials; these shall be expressed as follows, where each is applicable
(c) Residual Asphalt, as a percentage by weight of the total mixture
(d) Sand, as a percentage by weight of the total aggregate
(e) Screenings, as a percentage by weight of the total aggregate
(f) Mineral Filler, including mineral filler where used
(g) The single definite percentage for each sieve fraction
The Contractor shall also forward samples of the materials proposed to be used at the request of the
Engineer and at no additional cost.
5.4 COMPOSITION OF MICROSURFACING
The amount of asphalt emulsion to be blended with the aggregate shall be adjusted to secure a
residual asphalt content of 7.5 to 13.5 percent by weight of dry aggregate in the finished seal coat.
Only the least amount of water necessary to obtain a fluid and homogeneous mixture without
segregation shall be added. At all times segregated mixes will be rejected. The Contractor shall, at
his own expense, make trial batches to determine the ultimate blend of mineral aggregate and residual
asphalt. The emulsion shall be created by a Certified Lab and Engineer shall give final approval to the
design used.
Samples of the actual mixture in use will be taken as many times as necessary at the discretion of the
Engineer, and the mixture must be maintained uniform within the above tolerances. If an additional
source of supply for materials is approved, the job mix formula will be readjusted to the satisfaction of
the Engineer. Samples of the emulsion and aggregate used in the mix will be supplied to the Engineer
at least 3 weeks prior to commencing the project.
It shall be the responsibility of the Contractor to abide by the specifications and to meet the job mix
formula at all times. Failure of the Contractor to consistently meet the job mix formula or any other
part of the specifications shall be deemed sufficient cause for the Engineer to prohibit the use of any
material produced. Production shall not be resumed until the Contractor has demonstrated the ability
to supply an approved mix.
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5.5 PLANT AND EQUIPMENT
5.5.1 General
All equipment, tools and machines used in the performance of this work shall be maintained in
satisfactory working condition subject to the approval of the Engineer.
5.5.2 Auxiliary Equipment
All compressors, if required, shall be a 2 cubic metres per minute capacity or more to ensure an
adequate supply of air to effectively clean the joints. The Contractor shall also supply squeegees,
shovels, brooms and other hand and/or power tools as required to perform the work specified.
5.5.3 Microsurfacing Mixing/Placing Machine
The machine shall be specifically designed and manufactured to lay Microsurfacing.
The Modified Slurry Seal mixing equipment shall be a continuous flow mixing unit equipped for
delivering accurately metered proportions of water, aggregate, fines and asphalt emulsion to a
revolving spiralled multiblade mixer tank and to discharge the thoroughly mixed product on a
continuous basis. The multiblades of the mixing unit shall be capable of thoroughly blending all
ingredients together without foaming. The aggregate shall be pre-wetted immediately prior to mixing
with the emulsion.
The mixing machine shall be equipped with a water pressure system and fog type spray bar adequate
for uniform fogging of the surface immediately preceding the spreading equipment with a maximum
application of 0.2 litres per square metre.
Speed of the machine shall be adjustable between not less than 20 metres per minute and not more
than 55 metres per minute during application. Capacity of hoppers on the machine shall be sufficient
for continual mixing and application of not less than 4.5 tonnes of the Modified Slurry Seal.
5.6 SPREADING EQUIPMENT
Attached to the mixer machine shall be a mechanical type squeegee distributor equipped with a flexible
band in continual touch with the road surface to eliminate a loss of slurry from the distributor. It shall
be maintained so as to prevent loss of slurry on varying grades and crown by adjustments to assure a
uniform speed. There shall be a steering device and a flexible strike-off.
The strike-off shall be cleaned thoroughly daily to prevent drag marks on the finished surface. Also,
any burlap used to create a uniform surface shall be continuously cleaned to prevent drag marks on
the surface. The presence of drag markings in the finished surface may necessitate the
contractor to refinish the surface solely at his cost. The decision to enforce the visual
acceptance of drag marks and direct the contractor to remedy the surface is the Municipality’s
to make and is indisputable.
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5.7 CONSTRUCTION
Processing Aggregates
The aggregates shall be processed to meet all requirements of the specifications. Aggregate shall be
crushed, screened and separated with approved equipment.
All aggregates shall be handled so as to prevent segregation and to obtain uniformity of materials
during all operations.
Stockpiles shall be built in layers not to exceed 2 metres in depth. Each layer shall be completed over
the entire area of the stockpile before beginning the next layer. Coning of the stockpiles or spilling
material over the edges of the stockpile will not be permitted. Aggregates delivered to the stockpile in
trucks shall be uniformly spot dumped and the stockpile built as specified above.
Aggregates shall not be removed from stockpiles within 300mm of the ground. Aggregates which
have become contaminated with other material will be removed from the stockpile and not used.
All aggregates must be pre-screened prior to loading onto trucks prior to placement to ensure
uniformity and removal of contaminants.
5.8 PREPARATION OF THE SURFACE
All cleaning required to ensure proper application of the slurry mixture will be the Contractor’s
responsibility and these costs shall be included in his unit price. This may involve mechanical
sweeping and or power washing debris from the roadway as required. Any delamination of the
Microsurfacing, for any reason, shall be the Contractor’s responsibility and expense to remedy during
the 2-year warranty period.
Any depressions and large cracks shall be cleaned by directing a jet of compressed air into the cracks
and depressions and shall be repaired by hand with a squeegee before applying Microsurfacing.
There will be no additional payment for this hand work.
The Contractor may be directed by the Engineer to “scratch coat” sections of road prior to the
placement of the final surface. The Contractor will be compensated at the unit cost for the areas
receiving a “scratch coat”.
5.9 SURFACE TREATMENT
5.9.1 Supply and Application of Emulsions
OPSS MUNI 303, 304 and 1006 (Current Versions) shall apply and govern except as amended and/or
extended herein.
Application rates shall generally be as follows, but may be adjusted depending on the aggregates used
on the basis of results of the trial areas:
HF-150SP or HP200P ~> On Hard Top - 1.3 to 1.7 kg/m²
~> On Loose Top - 1.70 kg/m²
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5.9.2 Surface Treatment
OPSS MUNI 303, 304 and 1006 (Current Versions) shall apply and govern except as amended and/or
extended herein.
The surface treatment shall be scheduled and be coordinated with road reconstruction activities
completed by others. The Contractor shall begin work upon 3 weeks’ notice.
The contractor prior to commencing work shall submit current aggregate testing on all types of
aggregate to be used during the execution of this contract. The Municipality may require samples of
materials to be used for testing purposes prior to application. Approval by the Engineer of aggregate
sources does not relieve the Contractor of his obligation to ensure that all granular materials meet the
contract requirements for physical properties, aggregate/emulsion compatibility, etc.
No overloading will be tolerated and the Contractor will not be paid for that portion of the load in excess
of the legal licensed amount of the vehicle. The Contractor shall be restricted to the use of Provincial
Highways and County Roads to arrive at the work sites.
5.9.3 Aggregates
OPSS MUNI 303, 304 and 1006 (Current Versions) shall apply and govern except as amended and/or
extended herein.
For Double Surface Treatments, a Class 2 aggregate shall be used on the bottom lift and a Class 6
(HL3) stone shall be used on the surface lift. For Single Surface Treatments, a Class 5 (1/4” Quarry
Granite) stone shall be used as specified and directed.
Application rates shall generally be as follows, but may be adjusted on the basis of results of the trial
areas:
- Class 2 Aggregate on HF-150SP or HP200P @ 16.0 kg/m² on loose surface
- Class 6 Aggregate (HL3) on HF-150SP or HP200P @ 17.0 kg/m² on hard surface
- Class 5 (1/4” Quarry Granite) on HF-150SP or HP200P @ 13.0 kg/m² on hard surface
Payment at the contract price on the Form of Tender for this item shall be full compensation for all
labour and equipment for the supply, handling, spreading, rolling, protection of the work, traffic control
and brooming for application of the various cover aggregates required to complete the surface
treatment.
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5.10 FINE GRADING PRIOR TO DOUBLE SURFACE TREATMENT
Where specified, the Contractor shall prepare designated road sections for the application of a double
surface treatment (DST), including grading, shaping, base preparation, and compaction to create a
stable and uniform surface suitable for surface treatment. All work must comply with applicable
municipal standards, contract documents, and the direction of the Contract Administrator, with the
Contractor responsible for supplying all required labour, equipment, and materials. The roadway shall
be graded to achieve the specified profile, crossfall, and drainage, resulting in a smooth surface free
of ruts, potholes, depressions, or other irregularities.
Upon completion, the Contractor shall proof-roll the surface to identify and repair any soft or unstable
areas, which must be re-compacted until satisfactory. Prior to DST application, the prepared surface
must be clean, dry, and inspected and approved by the Contract Administrator, and the Contractor
must provide adequate notice to facilitate required inspections.
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APPENDICES
APPENDIX A – SAMPLE FORM OF AGREEMENT (4 Pages)
BID FORMS (Attached)
Notes: 1. The attached sample form of agreement shall apply to Part 1 Work only.
2. Agreements with any one or more Associated Municipalities for Works forming
Parts 2, 3, and 4 may vary.
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APPENDIX A - SAMPLE FORM OF AGREEMENT
CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN
Surface Treatment – Tender No. 2026-102
THIS AGREEMENT made this ________ day of ________________, 2026.
BETWEEN:
CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN
(hereinafter called “Municipality”)
OF THE FIRST PART
- AND -
____________________________________
(hereinafter called “Contractor”)
OF THE SECOND PART
WITNESSETH:
The Municipality and the Contractor in consideration of the fulfillment of their respective promises and
obligations hereinafter set forth covenant and agree with each other as follows:
ARTICLE 1
a) A general description of work is to provide all the labour, equipment and materials required for the
<Insert Project Name> Tender;
b) 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 Engineer 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.
ARTICLE 2
The Municipality covenants with the Contractor that the Contractor, having in all respects complied with
the provisions of this Contract, will be paid for and in respect of all the work, at the tendered unit prices
after measurement approved by the Engineer, the total which is presently estimated at $XXX,XXX.XX
excluding HST, together with such additional sum up to a maximum of $XX,000.00, excluding HST, for
extra or additional work at the unit rates or the amounts, as the case may be, stipulated in the written
orders of the Engineer authorizing extra or additional work; such payment, however, shall be subject to
Article 3 hereof and subject to such additions and deductions as may be properly made under the terms
hereof and further subject to the provisions that the Municipality may make payments on account monthly
or otherwise as may be provided in the Special Terms and Conditions.
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ARTICLE 3
In the event that the Tender provides for and contains a Contingency Allowance, it is understood and
agreed that such Contingency Allowance is merely for the convenience of accounting by the Municipality
and the Contractor is not entitled to payment thereof except for extra or additional work carried out by them
in accordance with the Contract and only to the extent of such extra or additional work.
ARTICLE 4
Where any notice, direction or other communication is required to be or may be given or made by one of
the parties hereto to the other or to the Engineer or to his agent, it shall be deemed sufficiently given or
made if mailed or delivered in writing to such party or the Engineer at the following addresses:
MUNCIPALITY: CORPORATION OF THE MUNICPALITY OF CENTRAL ELGIN
450 Sunset Drive
St. Thomas, ON N5R 5V1
CONTRACTOR: _______________________________
_______________________________
_______________________________
ARTICLE 5
In case of any inconsistency or conflict between the provisions of this Agreement and the Specifications
or General Conditions or Tender or Drawings or any other document or writing, the provisions of such
documents shall take precedence and govern in the following order, namely:
a) Agreement
b) Addenda
c) Contract Specifications
d) Contract Drawings
e) Special Terms and Conditions
f) Standard Terms and Conditions
g) Bid Submission Forms
h) General Terms and Conditions
ARTICLE 6
A copy of each of the Contract Specifications, Bid Submission Forms and Addendum No. ___ are hereto
annexed and together with the Drawings, General Terms and Conditions, Standard Terms and Conditions
and Special Terms and Conditions relating to the work contemplated herein, even though not attached,
all as listed in the Tender document, form part of and are deemed to be incorporated into this Agreement.
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ARTICLE 7
The Contractor agrees to begin the works no sooner than __________, 2026 and substantially complete
the work no later than September 30, 2026. The Contractor also agrees to pay the Municipality the sum
of ONE THOUSAND DOLLARS ($1,000) per calendar day as liquidated damages for each calendar day
that the work remains incomplete after the specified date above, in accordance with the Tender
documents, and more specifically Part Four (Special Terms and Conditions) Section 4.10 (Liquidated
Damages).
ARTICLE 8
The Contractor declares that he has either investigated for himself the character of the work and all local
conditions that might affect his Tender or his acceptance of the work, or that not having so investigated,
he is willing to assume and does hereby assume all risk of conditions arising or developing in the course
of the work which might or could make the work, or any items thereof, more expensive in character or
more onerous to fulfill, than was contemplated or known when the tender was made of the Contract
signed. The Contractor also declares that he did not and does not rely upon information furnished by
any methods whatsoever, by the Municipality or its officers or employees, being aware that any
information from such sources was and is approximate and speculative only and was not in any manner
warranted or guaranteed by the Municipality.
ARTICLE 9
The Contractor shall indemnify and save harmless the Municipality from all loss, damages, costs, charges,
expenses or claims arising out of the Contract and the Contractor shall take due and proper precautions
for the prevention of accidents to persons and property during or in consequence of the work and should
the Municipality incur, pay or be put to any such loss, damages, costs, charges or expenses or claims, the
Contractor shall forthwith, upon demand, repay the same to the Municipality.
ARTICLE 10
This Agreement may be executed in several counterparts, each of which, when so executed, shall
constitute but one and the same document. This Agreement may also be signed in paper form, by
facsimile signature or by electronic signature in accordance with section 11 of the Electronic Commerce
Act, 2000 (Ontario). It may also be signed, whether or not in counterpart, scanned to Adobe® Portable
Document Format (PDF) and delivered by way of electronic mail.
(Remainder of page left blank intentionally)
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ARTICLE 11
The Contract shall apply to and be binding on the parties hereto, their heirs, executors, successors,
administrators, and assigns jointly and severally.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day of the year
first above written or cause their corporate seals to be affixed, attested by the signature of their proper
officers, as the case may be.
<Insert Contractor Name>
___________________ Per: ____________________________
DATE Name:___________________________
Position:________________________
I have the authority to bind the corporation
Corporation of the Municipality of Central Elgin
___________________ Per:__________________________
DATE Name: Andrew Sloan
Position: Mayor
Per:___________________________
Name: Delany Leitch
Position: Clerk
We have the authority to bind the corporation