Request for Proposals. To Provide. Sidewalk Snow Removal and Ice Control Services. For The. Municipality of the District of Digby

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1 Request for Proposals To Provide Sidewalk Snow Removal and Ice Control Services For The Municipality of the District of Digby November 1, 2014 to April 30, 2017

2 TABLE OF CONTENTS INSTRUCTIONS TO PROPOSERS 1. DELIVERY OF PROPOSALS 2. DIRECTIONS 3. PROPOSING PROCEDURES REQUEST FOR PROPOSALS SPECIFICATIONS AND GENERAL CONDITIONS 1. SCOPE OF WORK 2. DESCRIPTION OF PROPOSED EQUIPMENT 3. BILLING 4. TERMINATION OF THE CONTRACT 5. INSURANCE 6. CONTRACTOR S LIABILITY 7. RULES AND REGULATIONS 8. WORKER S COMPENSATION 9. PAYMENT TERMS 10. ASSIGNMENT OF THE CONTRACT 11. NO WAIVER 12. INTERPRETATION PROPOSAL FORM TYPICAL AGREEMENT

3 MUNICIPALITY OF THE DISTRICT OF DIGBY REQUEST FOR PROPOSALS SIDEWALK SNOW REMOVAL AND ICE CONTROL SERVICES Sealed Proposals addressed to Jeff Sunderland, Deputy CAO, Municipality of the District of Digby, P.O. Box 429, Digby N.S. B0V1A0 marked "Proposal for Sidewalk Snow Removal and Ice Control Services" will be received until 12:00 noon on Wednesday, October 8, The work generally includes the provision of snow removal and Ice Control Services for Municipal sidewalks in Conway and Mount Pleasant, Digby County. Contractors are invited to submit quotations on the sidewalks in Conway and Mount Pleasant, Digby County. Details of proposal specifications are contained within the Contract Documents hereto attached. The Municipality reserves the right to reject any or all proposals, not necessarily accept the lowest proposal, or accept any proposal that may be deemed by the Municipality to be in its best interests. The right is also reserved to waive formality, informality or technicality in any proposal. Jeff Sunderland, Deputy CAO

4 Specifications and General Conditions SCG - 1. INSTRUCTIONS TO PROPOSERS 1. DELIVERY OF PROPOSALS 1.1 Addenda to the proposal documents will be issued only to those persons or Companies who are bidding on this work. 1.2 Proposal documents may only be obtained from the Municipality of the District of Digby, Main Office in Highway 217, Seabrook, Digby County, Nova Scotia. 2. DIRECTIONS 2.1 All proposals must be submitted on the forms supplied for this purpose. 2.2 No proposal or amendment of a proposal will be considered if received on a date or at a time later than that specified in the proposal advertisement. 2.3 Prices must be filled in on the proposal form. 2.4 Faxed/ ed proposals will not be accepted. 2.5 All requests for further information must be formalized in writing to Jeff Sunderland at least 4 full working days prior to closing to be considered for addendum. 2.6 Proposals must be submitted in a sealed envelope addressed to: Jeff Sunderland, Deputy CAO Municipality of the District of Digby P.O. Box 429 Digby, Nova Scotia B0V 1A0 The envelope shall bear the name and address of the Contractor making the submission, along with the name of the contract. Proposals shall be marked: Proposal: Municipality of the District of Digby Sidewalk Snow Removal and Ice Control Services 3. PROPOSING PROCEDURES 3.1 Bidders must provide lump sum pricing for each year in the pricing table. There will be two additional option years (year four and year five that both the Municipality and the Contractor can optionally agree to pricing. 3.2 The award of the contract will not take place at the time of the proposal opening. This is not a Public Opening.

5 Specifications and General Conditions SCG The awarding of the contracts under this call for proposals and the awarding of the contract with the successful proponent is subject to the review and approval of the Municipality on the wording of the contract. Any verbal or written advisement to the successful bidder shall not be binding. The final contractual documents between the Municipality and the successful proponent together with any attachments thereto, shall be the only documents which establish the contractual obligation of each party to the other. 3.4 All Bidders must have the required equipment to complete snow removal, salting and the combination of snow removal and salting at the same time. The Municipality reserves the right to select services that best meet the needs and best financial savings. Failure to have the proper equipment as stated above will disqualify a Contractors bid package and or services if awarded this contract. The Municipality highly recommends Contractors use a machine with a maximum 60 wide blade for the sidewalks to minimize sidewalk edge, sod and soil damage. All sod damaged areas must be repaired by the Contractor in the spring of every year at no extra cost to the Municipality. The Contractor is responsible to review all routes and locations as well as all sidewalk widths. SPECIFICATIONS AND GENERAL CONDITIONS 1. SCOPE OF WORK The Municipality is requesting proposals from those firms/individuals interested in providing the goods and services related to Snow Removal and Ice Control Services of Municipal sidewalks in Conway and Mount Pleasant, Digby County. This Proposal shall provide for all labour, equipment, machinery, fuel, transportation, supplies, salt, supervisory communication requirements, reporting customer service and materials necessary to supply Snow Removal and Ice Control Services of the Municipal sidewalks. No fuel surcharges will apply for this contract. Conway from civic #127 Hwy 303 to sidewalk termination at the Hwy 101 off-ramp. Mount Pleasant from Lighthouse Rd. to sidewalk termination at civic #112 Culloden Rd. Approximately 2.7KM of sidewalk total. Municipal Properties Snow Removal and Ice Control Details November 1, 2014 to April 30, 2017 Conway/Mount Pleasant Sidewalks Snow to be removed and sidewalks salted so that sidewalks are safe for children and all other pedestrians. Sidewalks will be salted as necessary after every snowfall or incidence of freezing rain. Contractor is responsible to keep a check on sidewalks to determine when services for personnel safety are required. This is at no extra cost to the Municipality. The Contractor shall monitor the weather 24 hours a day, 7 days a week. The Contractor will be responsible as part of this contract from time to time to remove accumulations of snow from the curb areas of the sidewalk in Mount Pleasant. This is necessary

6 Specifications and General Conditions SCG - 3. to reduce the occurrence of snow being plowed (plow curls onto the sidewalk as a result of highway snow plowing. The Contractor is responsible to investigate and respond to complaints and inquiries from the Municipality and/or residents (property owners concerning winter snow and ice control operations. The Municipality is not liable for, and therefore, cannot respond to any claims for damages to private property as a result of a Contractor carrying out snow and ice control activities. However, the Municipality will respond to inquiries and complaints from the public regarding snow and ice activities. When necessary the Municipality will provide Contractor contact information to the Private Property owner and advise them to pursue any claims for damages directly with the Contractor. Performance Standard for Sidewalks The Contractor shall meet or exceed the following performance standards (including but not limited to the Performance Standard Matrix for winter snow and ice control on municipal sidewalks under jurisdiction of the Municipality of the District of Digby. 1. Priority One Tasks: Plowing new snow from sidewalks and crosswalks. 2. Priority Two Tasks: Salting of sidewalks, re-clearing of sidewalks from plow curls or areas that are subject to being refilled with snow from street operations. 3. Priority Three Tasks: Removal of excess snow from the curb area of Mount Pleasant sidewalk. Performance Standard Matrix Sidewalks Activity Clearing of ice and snow from sidewalks Freezing Rain Duration for Priority One tasks Sidewalks to be cleared 2 hours from end of snowfall Duration for priority Two tasks Description of end result 3 hours Sidewalk down to full width bare surface Salting to commence within 2 hours of start of frozen rain/ice pellets. Full width bare surface Freeze/thaw 3 hours. Full width bare surface Comments May require repeated scraping and salt/sand applications to achieve May require repeated scraping and salt/sand applications to achieve PLEASE NOTE: It is acknowledged that conditions may occur which may temporarily prevent achieving the prescribed level of service such as multiple snowfalls. In such cased, the Contractor shall attempt to keep the sidewalks open, passable and as safe as possible. In situations of heavy snowfall between midnight and 6:00 am exceptions to the Performance Matrix Standards are acceptable.

7 Specifications and General Conditions SCG - 4. Performance Standards Minimum Requirements General The Performance Standards identifies the minimum requirements the Contractor shall provide and complete: 1. All the Contractors personnel engaged in winter snow and ice control activities shall be informed of their specific duties and shall be properly trained and knowledgeable of the prescribed Performance Standards. The entire Contractors operators shall become familiar with the sidewalks as well as crosswalks and designated walkways. 2. The Contractor shall report all vehicle accidents or property damage to the Municipality. 3. All vehicles are to be operated in a safe manner, respecting legal speed limits and to be respectful and aware at all times of the users of the sidewalks. 4. Contractor shall monitor and correct for freeze/thaw hazards as conditions warrant. Safety Requirements 1. The Contractor shall comply with all the regulations set out in the Occupational Health and Safety Act for the province of Nova Scotia, and ensure that each and every employee is properly trained, equipped and considered competent to perform designated work tasks. 2. The Contractor shall comply with the regulations set out in the most current edition of the Provincial Traffic control Manual for all on-street and shoulder works. All signage, traffic control persons and devices, vehicles etc., required for the performance of the work for this Tender, shall be included in the lump sum prices requested in the Form of Tender. 3. The Contractor shall perform work in a manner that does not provide any unsafe or dangerous situations to park visitors, pedestrians, motoring public, adjacent properties etc. 4. Materials and/or equipment are to be stored and maintained in a safe and orderly manner satisfactory to the Municipality of the District of Digby during the progress of work. Materials and/or equipment shall be removed from the site daily or when ordered to do so to correct an unsafe condition. 5. No provisions in this technical specification shall relieve the Contractor of responsibility for negligence of faulty materials or workmanship within the extent and period provided by law. 6. The Deputy CAO or his Designate may inspect ALL work performed by the Contractor that forms any or all part of the contract.

8 Specifications and General Conditions SCG Any infractions of the Temporary Workplace Traffic Control Manual or the Provincial Occupational Health and Safety Regulations shall be immediately investigated, results reported to the Municipality of the District of Digby, and, if necessary, reported to the Department of Labour. 8. The Municipality shall have full authority to reject defective equipment, materials, safety devices, quality or workmanship and to suspend the carrying out of any work that is being improperly done. The Contractor, however, remains fully responsible for the quality and accuracy whether and Inspector is present on site or not. 9. The Municipality is not authorized to remove, alter, enlarge or relax the provisions of these Technical Specifications. 10. All equipment must be registered with the motor vehicle requirements set out by Provincial regulations. 11. The Deputy CAO or his Designate reserves the right to halt all works during periods of inclement weather. 2. DESCRIPTION OF PROPOSED EQUIPMENT The proposer must list all equipment that will be used for snow removal and Ice Control Services for the property. The year, make and model, ownership status/rental must be listed for every piece of equipment. Equipment will be reviewed by Municipal staff as required to determine effectiveness for work needed. 3. BILLING Invoices to be submitted monthly after month end. Payment shall be monthly within thirty (30 days after receipt of the proper invoices from the Contractor. Incorrect invoices will be returned to the contractor and will not be paid until a correct invoice has been received by the Municipality. The Municipality reserves the right to withhold (20% Twenty percent of the last monthly payment in any year of the contract as a holdback until any pertinent damage repair costs are paid by the contractor. The total monthly payment shall be determined by dividing the lump sum equally over the six months from Nov 30 to April TERMINATION OF THE CONTRACT If the performance of the Contractor is unsatisfactory, in the opinion of the Deputy CAO, then the Deputy CAO may cancel the contract immediately upon giving written notice of same to the Contractor.

9 Specifications and General Conditions SCG INSURANCE The Contractor shall keep himself/herself and his/her servants and agents, without intermission insured against Public Liability and Property Damage in an amount not less than $2,000, inclusive, in some good insurance office, as is acceptable to the Municipality, and shall deposit a copy of the policy and receipts for renewal premium of such insurance with the Municipality. In default thereof, the Municipality may, as required effect, renew and continue such insurance and charge all payments made for or in respect thereof against any payments due to the Contractor by the Municipality or, may cancel this Contract without notice. 6. CONTRACTOR S LIABILITY The Contractor agrees to indemnify and save the Municipality harmless against all losses, costs, expenses and damages which may be incurred by or by reason of any action, causes of action or other proceeding which may be brought against the Municipality of the District of Digby in respect to this work. 7. RULES AND REGULATIONS The Contractor shall comply with all laws in force in the Province of Nova Scotia, and in particular, with any regulations of the OHS Act, Health Act and the Environment Act and with any new regulations or rules which may be introduced from time to time by law or by the Municipality in relation to the works performed under this contract. 8. WORKER S COMPENSATION The Contractor shall be a registrant in good standing with the Worker s Compensation Board. No payment will be released without an up-to-date clearance letter from the WCB. It is the sole responsibility of the Contractor to provide this letter to the Municipality. 9. PAYMENT TERMS The prices quoted in the Proposal shall be the total price, excluding taxes, and shall include the furnishing of all management, supervision, personnel, materials, miscellaneous equipment, services and supplies necessary to provide snow removal and ice control services in accordance with the contract documents. 10. ASSIGNMENT OF THE CONTRACT No assignment of this contract by the Contractor shall be authorized or permitted without the written consent of the Municipality.

10 Specifications and General Conditions SCG NO WAIVER No waiver by the Municipality of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach. The failure of either party to insist in any one or more instances upon strict performance of any of the terms, covenants, agreements or conditions in this Agreement, shall not be considered to be a waiver or relinquishment of such term, covenant, agreement or condition, but the same shall continue in full force and effect. 12. INTERPRETATION The contract documents shall be interpreted as a whole and the intent of the whole rather than the interpretation of any particular part shall govern. The contract documents are complimentary and what is called for in one shall be as binding as if called for by all. The intention of the Contract Documents is to include all labour, materials, equipment superintendence and transportation required for proper performance of the work. Descriptions of materials or work in words which so applied have well known or technical trade meanings shall be held to refer to such recognized meanings.

11 Proposal Form PF -1. MUNICIPALITY OF THE DISTRICT OF DIGBY PROPOSAL FORM SIDEWALK SNOW REMOVAL AND ICE CONTROL SERVICES PROPOSAL SUBMITTED BY: Jeff Sunderland, Deputy CAO Municipality of the District of Digby P.O. Box 429 Digby, Nova Scotia B0V 1A0 Dear Mr. Sunderland: After having examined the Instructions to Proposers and Specification for Snow Removal and Ice Control Services for the Municipality of the District of Digby, Nova Scotia; WE HEREBY OFFER to furnish all labour, equipment, machine, and materials necessary to provide SIDEWALK SNOW REMOVAL AND ICE CONTROL SERVICES for the Municipality of the District of Digby in accordance with the above mentioned documents at the schedule of prices given on the next page. The Proposer understands that the type of equipment proposed, the manner of execution of the contract, the demonstrated competence of the employees and the company in delivering snow removal and Ice Control Services and other factors may be considered by the Municipality in the awarding of the Proposal Contract. The Proposer further understands and agrees that the Municipality of the District Digby is not bound to accept the lowest or any proposal, or may accept any proposal or portion thereof which it deems to be in the best interests of the Municipality.

12 Proposal Form PF -2. The Proposer hereby acknowledges receipt of the following addenda: ADDENDUM NO. DATED NO. OF PAGES IF WE ARE NOTIFIED OF THE ACCEPTANCE OF THIS PROPOSAL WITHIN THE TIME SPECIFIED, WE WILL EXECUTE A FORMAL CONTRACT FOR THE STIPULATED PRICE MENTIONED BELOW. Signature: Name (Print: Title: Address: Telephone No.: Facsimile No.: Affix Corporate Seal (If Applicable

13 Proposal Form PF -3. TERMS OF CONTRACT AND AMOUNT This contract shall be in forced for 3 snow removal seasons. Lump Sum Bid as detailed below, without HST. Year One - November 1, 2014 to April 30, 2015 $ Year Two - May 1, 2015 to April 30, 2016 $ Year Three - May 1, 2016 to April 30, 2017 $ There will be two additional option years (year four and year five that both the Municipality and the Contractor can optionally agree to pricing if mutually agreeable. * ALL Prices above shall include mobilization and demobilization costs for equipment and manpower for each sidewalk being serviced. * It is highly recommended that the Sidewalk Plow width not to be less than 48 wide, preference not wider than 60.

14 Proposal Form PF -4. EXPERIENCE AND EQUIPMENT Proposers must complete the following sections regarding previous experience in a comparable field, and the type and numbers of equipment to be used. A My (our experience in the cleanup field or comparable field, is as follows: Contract Description Location Dates From To B My (our equipment that will be used on this contract is as follows (indicate whether the vehicles/equipment are presently owned, leased or are proposed purchases. Indicate plow width for sidewalks. Plow widths six inches less than sidewalk widths are preferred to minimize sod damage: Equipment Type/Year Capacity Date of Maintenance Ownership Status

15 Proposal Form PF -5. MUNICIPALITY OF THE DISTRICT OF DIGBY Contract Agreement Provision of Sidewalk Snow Removal and Ice Control Services Municipality of the District of Digby November 1, 2014 April 30, 2017 THIS is the Form of Agreement, and together with applicable portions of the Municipality of the District of Digby Request for Proposals for the Provision of Snow Removal and Ice Control Services and the Contractor s Proposal, together with any amendments or schedules thereto, therein referred to, and with such documents forms the Contract in this matter. THIS INDENTURE made the day of, 2014 between the Municipality of the District of Digby, hereinafter called the Municipality of the First Part, and, hereinafter called the Contractor of the Second Part. WHEREAS, under the terms of this Contract the Municipality is empowered to provide snow removal and ice control services for municipally owned sidewalks and, WHEREAS, the said Municipality has awarded to the said Contractor, the Contract for the Provision of Snow Removal and Ice Control Services, according to the Municipality of the District of Digby Request for Proposal for the Provision of Snow Removal and Ice Control Services and the Contractor s proposal therefore, hereafter referred to as the Documents. These Documents are hereto annexed and marked RFP and Contractor s Proposal, which said Proposal and negotiated amendments, was accepted by the Municipality on the day of, 2014.

16 Proposal Form PF -6. NOW THESE PRESENT WITNESS THAT for and in consideration of the sum of one dollar ($1.00 and other good and valuable consideration receipt of which is hereby acknowledged, the said Contractor and the said Municipality doth hereby covenant and agree with the said Municipality in the manner following namely: 1. To execute and perform the whole of the work herein mentioned with due expedition and in a thoroughly workmanlike manner, in strict accordance with the provisions of the contract, and the Documents therein referred to (which are identified by the signature of the said contractor, and are made part of this Contract as if embodied herein, and thereafter to maintain the same as therein provided, and that in the execution and performance of the said work the said Contractor will carry out, perform, observe, fulfill and abide by all the covenants, agreements, stipulations, provisos, and conditions mentioned and contained in the said Documents to be carried out, performed, observed and fulfilled by the said Contractor to the same extent and as fully as if each of them was set out and specifically repeated herein. 2. To indemnify and keep indemnified and save harmless the said Municipality and each of its officers, servants and agents from and against all actions, suits, claims, executions, and demands which may be brought against or made upon the said Municipality, its officer, servants, and agents and from all loss, costs, damages, liens, and expenses which may be paid, sustained, or incurred by the said Municipality, its officers, servants, or agents by reason of or on account of the non-execution or imperfect execution thereof or of the supply or non-supply of labour, equipment or machinery therefore. It is hereby agreed and understood that any indebtedness arising under the provisions of this paragraph, including the full legal cost to the Municipality of defending (when deemed necessary by the Municipality any and all actions or claims relating to errors, omissions or negligence on the part of the officers, agents, or servants of the Contractor in the performance of this Contract may be deducted from any monies of the said Contractor then remaining in the possession of the said Municipality on account of this or any other Contract. It is further hereby agreed and understood that the Municipality must be notified if the Contractor s insurance is cancelled, or in any other way becomes void. The Contractor will provide proof to the Municipality that the Municipality is listed to be notified in the event that the Contractor s insurance is cancelled.

17 Proposal Form PF The said Municipality covenants with the said Contractor that if the said work, shall be duly and properly executed as aforesaid, and if the said Contractor shall carry out, perform, observe, fulfill, keep and abide by all the covenants, agreements, stipulations, provisos, terms and conditions of this Contract, the said Municipality will pay the said Contractor therefore, the Contract price mentioned in the said proposal, such payment to be made in the manner mentioned in the said Documents. The Municipality shall not be liable or compelled to pay for any extras or additional work not included in this contract. AND it is understood and agreed between the parties thereto as follows: AGREEMENT AND GENERAL CONDITIONS: This Agreement and the covenants and conditions herein, and in the said Documents hereto annexed shall be binding upon the heirs, executors, administrators, successors, and assigns, of the said Contractor and the said Municipality respectively. IN WITNESS WHEREOF the said Municipality has hereunto affixed its Corporate Seal and the hand of Linda Fraser, CAO of the said Municipality and the said Contractor has (where applicable affixed its Corporate Seal and the hand or hands of being the proper officer or officers in that behalf. N.B.-Contractors will please read the foregoing before execution. SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF Witness Linda Fraser, CAO Witness CONTRACTOR

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