town of midland tender for traffic line painting documents/l04 48385... · contract no. l04-48385...

TOWN OF MIDLAND

TENDER FOR

TRAFFIC LINE PAINTING

CONTRACT NO. L04-48385

TOWN OF MIDLAND

TENDER FOR TRAFFIC LINE PAINTING

TWO YEAR CONTRACT - 2016 AND 2017

CONTRACT NO. L04-48385 SEALED TENDERS, clearly marked “TRAFFIC LINE PAINTING, 2016 – 2017, CONTRACT L04-48385” will be received until 12:00 noon, local time on Wednesday, August 5, 2015, at the office of:

Shawn Berriault, C. Tech. Director of Operations

Town of Midland 575 Dominion Avenue

Midland, Ontario L4R 1R2 The project includes the supply of all equipment, material and labour to place traffic paint on roads in the Town of Midland, in compliance with the MTO Manual of Uniform Traffic Devices. Contractors experienced in traffic line painting may obtain Tender documents from the Town of Midland website at http://www.midland.ca/quick-links/tenders. A mandatory site inspection meeting will be held at the Maintenance Office at 731 Ontario Street at 10:30 A.M. on Wednesday, July 22, 2015 with the Manager of Maintenance Operations to review the scope of the contract. Contractors who do not attend this site inspection meeting will not be eligible to submit a tender. Each Tender must be accompanied by a certified cheque or bid bond in the amount of Five Thousand ($5,000.00). Tenders will be opened publicly shortly after closing at the Town of Midland Municipal Office in the Council Chambers.

THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED Shawn Berriault, C. Tech. Director of Operations

TRAFFIC LINE PAINTING PAGE 3 CONTRACT L04-48385 General Index Page 1. Information to Tenderers 4 - 11 2. Form of Tender 12 - 23

3. Specifications 24 - 27 4. Agreement 28 - 30 5. Schedules 31 - 32

TRAFFIC LINE PAINTING PAGE 4 CONTRACT L04-48385

INFORMATION TO TENDERERS


CONTRACT L04-48385


INFORMATION TO TENDERERS 1.0 INFORMATION TO TENDERERS 1.1 THE WORK The work includes the supply of all equipment, material and labour to place traffic

paint on roadways and parking lots in the Town of Midland, in compliance with the MTO Manual of Uniform Traffic Devices.

1.2 DELIVERY AND OPENING OF TENDERS Sealed Tenders on the forms provided in this tender document, clearly marked

“TRAFFIC LINE PAINTING, 2016 – 2017, CONTRACT L04-48385”, must be received at the Town of Midland Municipal Offices, 575 Dominion Avenue, Midland, ON, L4R 1R2, no later than:

12:00 noon local time on Wednesday, August 5, 2015.

Late tenders will not be accepted. Fax tenders or tenders submitted using any

other electronic medium will not be accepted. 1.3 MANDATORY SITE INSPECTION MEETING

A mandatory site inspection meeting will be held at the Public Works Office at 731 Ontario Street at 10:30 A.M. on Wednesday, July 22, 2015 with the Manager of Maintenance Operations to review the scope of the contract. Contractors who do not attend this site inspection meeting will not be eligible to submit a tender.

1.4 TENDER TAKERS/TENDER RESULTS LIST

A List of Tender Takers will be posted and updated, as information becomes available, together with the Tender Results, when available, on the Town’s web site at www.midland.ca under Quick Links/Tenders.

1.5 TENDER DEPOSIT Each Tender shall be accompanied by either:

a) a tender deposit in the form of a certified cheque made payable to the Town

of Midland for an amount of Five Thousand Dollars ($5,000.00); or b) a bid bond in the amount of Five Thousand Dollars ($5,000.00) and sealed by

a corporation duly authorized to transact the business of Suretyship, licensed in Ontario with an office in Ontario.


INFORMATION TO TENDERERS - Continued

The Tender deposit cheques or Bid Bonds of the three (3) lowest Tenderers shall be retained by the Town for sixty (60) days after the Official Closing Time or until the Contract has been signed by the successful Tenderer. Tender deposit cheques or bid Bonds of all other Tenderers will be returned within thirty (30) days of the Official Closing Time without interest. The Tender deposit cheques or Bid Bonds of the successful Tenderer will be returned without interest upon execution of the Contract Documents by the Council of the Town of Midland. If the Tender consists of more than one Contract, each Contract may be individually bonded in accordance with the above requirements.

1.6 TENDER FORM All Tenders must be submitted on the “Tender Form” contained herein, in an

envelope clearly marked “TRAFFIC LINE PAINTING, 2016 – 2017, CONTRACT L04-48385”. Tender Bidders are asked to return the Tender Form only, with all sections completed. The other sections of the tender document are provided as reference material only and should be retained by the Contractor for his records.

Tenderers should note that if they are returning their tender by courier,

courier deliveries usually arrive after the noon hour, which would not be in time for the tender deadline.

1.7 RIGHT TO ACCEPT OR REJECT TENDERS

The lowest or any particular Tender will not necessarily be accepted. The criteria which may be considered by the Town in awarding the Contract will include a combination of price, scheduling, expertise, qualifications, and suitability of the Tenderer, and such other conditions as may be determined by the Town to be in its own best interest.

The Tenderer acknowledges that the Work(s) or portions thereof are subject to

the procurement and issuance of funding, certain permits, authorizations, licenses, easements and other approvals as may be required from third parties or under applicable laws, statutes and regulations (“Approvals”). In the event that any Approvals are not issued by any third parties (“Frustrating Event”) the Town reserves the right, and without liability to the Tenderer, to:

Not award the Contract and/or cancel the request for Tenders; Award the Contract in whole or in part but expressly subject to the right on the

part of the Town to cancel all or part of the Contract at any time after the award thereof in the event that such Approvals cannot be obtained;

Delay the consideration of the award of the Contract until such time as the Approvals may be obtained;



In any event, the Town reserves the right, in its absolute discretion, to reject any or all tenders or to award the contract to other than the Tenderer submitting the lowest Tender, provided that Council, in its sole and absolute discretion, decides that it is in the best interest of The Corporation of the Town of Midland to do so.

By submitting this tender document, the Tenderer acknowledges that it shall

have no claim against, or entitlement to damages from the Town by reason of the Town’s rejection of its Tender or of all Tenders, or by reason of any delay in the acceptance of a Tender, or cancelling all or part of the Contract as a result of a Frustrating Event. Tenders are subject to a formal Contract being prepared and executed.

Without in any way limiting the generality of the preceding, Tenders, commencing

with the lowest tender, will be evaluated against criteria developed by the Town using information provided by the Tenderer in Section B – Tender Form and additional criteria information as requested. The Town’s criteria include, but are not limited to:

Skill and experience demonstrated on similar projects of similar scope; The general reputation, qualifications and experience of the Tenderer; The general reputation, qualifications and experience of the Tenderer’s sub-

contractor; Qualifications and experience of key personnel of the Tenderer; Tender price; Project schedule/substantial performance date; Reference checks with former clients, consultants and subtrades; Five year history of claims, litigation and/or arbitration between Tenderer and

former clients and between itself and subcontractors; Five year history of charges under the Occupational Health & Safety Act

(Ontario); Five year record with the Workplace Safety and Insurance Board (“WSIB”); Anticipated additional costs not included in the Tender Price but inferable

from the evaluation criteria or from the Tender; Matters omitted from Section B – Tender Form by the Tenderer.

Where the Tenderer is associated with one or more persons or corporations which conduct the same or similar business as the Tenderer, the Town may, but is not obliged to, request from such Tenderer the evaluation information with respect to such associated persons or corporations. The failure or refusal of a Tenderer to comply with such a request may result in the rejection of its Tender.

The above criteria are not necessarily listed in the order of their importance to the Town.


INFORMATION TO TENDERERS – Continued 1.8 TENDER REQUIREMENTS Tenders are required to conform to the conditions listed below and failing to do

so may be subject to disqualification.

a) All Tenders must be upon the “Tender Form” contained herein and be in the possession of the Director of Operations, or his duly authorized representative on or before the tender closing date and time. BIDS RECEIVED AFTER CLOSING TIME WILL NOT BE CONSIDERED.

b) The Tender must be legible, written in ink or typewritten and ALL ITEMS

MUST BE BID, where stipulated, with the unit price for every item and other entries clearly shown.

c) Alternative proposals will not be considered unless requested in the tender

documents. d) The bid must not be qualified by any statement added to the Tender Form

or a covering letter, or alterations to the Tender Forms, unless requested by the Town.

e) Adjustments by telephone, facsimile or letter to a Tender already

submitted will not be considered. A bidder desiring to make adjustments to a Tender must supersede it with a later Tender submission.

f) The Tender Form must be signed in the space(s) provided with the

signature(s) of the bidder, or of a duly authorized official of the organization bidding. If a joint bid is submitted, it must be signed on behalf of each of the bidders, and if the signing authority for both bidders is vested in one individual, he shall sign separately on behalf of each bidder. In the case of an incorporated company, the corporate seal must be affixed to the Tender Form.

g) Erasures, overwriting or strike-outs must be initialed by the person signing

on behalf of the organization bidding. h) The Tender shall include the completed Form of Tender, Schedule of Unit

Prices, List of Subcontractors, Proof of Experience and Health and Safety Form HS-14. Tenders submitted that do not have all forms completed in full may be considered incomplete.

i) Tenders that contain prices which appear to be so unbalanced, as likely to

affect adversely the interests of the Town, may be rejected.


INFORMATION TO TENDERERS - Continued j) Pricing must remain firm for the first year of the contract. The Contractor

may be granted a rate increase in the second year of the contract, based on Statistics Canada Consumer Price Index for the preceding twelve (12) month period, to the nearest $0.05, if required.

k) Wherever in a tender, the amount tendered for an item does not agree

with the extension of the estimated quantity and the tendered unit price, the tendered unit price shall govern and the amount and the total Tender Price shall be corrected accordingly.

l) This Contract may not be assigned, sub-contracted or let out in whole or in

part, without the prior written consent of the Town of Midland. 1.9 TENDERERS TO INVESTIGATE

The Contractor warrants by his tender that he has visited the site and made his own assessment of the roads and parking lots to be painted and assessed any difficulties to be encountered.

1.10 CLARIFICATION

Should a bidder find discrepancies in or omission from the Tender documents, or should there be any doubt as to their meaning, inquiry should be made IN WRITING to the designated official on or before the end of business Friday, July 24, 2015. Should a correction, explanation or interpretation be necessary or desirable, a written addendum will be issued to all bidders and posted on the Town of Midland website before the end of business on Monday, July 27, 2015 or as soon thereafter as possible. Addenda issued during the bidding period are part of these Tender Documents and must be signed and returned with the Tender bid.

1.11 PRICES AND BUDGETS

The Town of Midland has a strictly defined budget for the work within the Contract and reserves the right to change the scope of this Contract to bring the Tender price within the available budget limits. The Town reserves the right to waive formalities and enter into negotiations with the low bidder, or any other bidder that it deems appropriate, in order to bring the project to within any given budget limit. Should it be determined that the changes in the scope of the Contract are of sufficient magnitude, then the Town shall cancel the Tender process. Then, at its discretion, commence a new process in order to complete the project within the budget available.



Changes to the scope of this Contract, either by changes in scheduling, changes in quantities of work and/or deletion of any part of the work shall not entitle the Contractor to any extra compensation. The Town will not be held responsible for any cost incurred by any bidder associated with preparing or submitting a Tender for this project, should the Tender be rejected or the process cancelled.

1.12 PAYMENT - CHANGES

Payment will be made only for confirmed quantities and acceptance of same. The Contractor will be responsible for procuring the required signature from the Manager of Maintenance Operations. Invoices will be paid within 30 days of the invoice date, unless early payment discounts are available, in which case payment will be made by the discount date. The Contractor is expected to pay any Sub-Contractors within 30 days of receipt of payment from the Town.

1.13 FAILURE TO PERFORM

If, in the opinion of the Town, the Contractor refuses or neglects to perform the work required under the contract in an orderly manner and without delay, then the Town of Midland may cancel the contract by twenty-four (24) hours written notice. The Town shall have the full right and power at its discretion, without process of action at law, to take possession of the whole work remaining at the time of notice of cancellation and to re-let the same to any other person, persons, or Company with or without previous advertisement. The Contractor shall be liable for all damages, expenditure and extra expenditure and for all additional cost of the work which may be incurred by reason thereof, together with the penalties from the date fixed for the completion of the work.

1.14 UNBALANCED TENDERS

Each item on the Form of Tender shall have a reasonable price relative to the other items. Under no circumstances will an unbalanced Tender be considered. The Town of Midland shall be the sole judge in such matters. The Town reserves the right to reject any Tender that it determines is unbalanced.

1.15 FORMATION OF CONTRACT/WSIB AND INSURANCE

The Town shall notify the successful Tenderer that his Tender has been accepted and shall forward four (4) complete copies of the Contract Documents to the Tenderer for execution.



The Tenderer agrees that once he has been notified that his Tender has been accepted by the Town, it will fully execute the Articles of Agreement bound in the Contract Documents within five (5) days after receiving those same Documents in quadruplicate, otherwise his tender deposit shall be forfeited to the Town.

The successful Tenderer shall execute and return with the four (4) copies of the Contract Documents to the Director or Operations within five (5) days after receiving those same Documents, the following:

Liability and all Risk Insurance Certificate in the minimum amount of $5 million, noting the Town of Midland as an additional named insured as outlined herein and in the following Section 2.0 – Tender Form; a) A Work Schedule outlining the proposed timing of the works; and b) Current Clearance Certificate from the Workplace Safety and Insurance

Board (WSIB). NOTE: The Town of Midland must be in possession of a current Clearance Certificate from the WSIB at all times throughout the duration of the Contract (including the maintenance period). It is the responsibility of the successful Tenderer to ensure the Town is always able to obtain a current Clearance Certificate (i.e. every 90 days).

The executed Contract Documents will be completed by the Town; one executed copy will be returned to the Tenderer.

1.16 HOLD HARMLESS

To the fullest extent permitted by law, the successful Tenderer agrees to defend (including attorney’s fees), pay on behalf of, indemnify and hold harmless The Corporation of the Town of Midland, its elected and appointed officials, employees and volunteers and others working on behalf of The Corporation of the Town of Midland against any and all claims, demands, suits or loss, including all costs connected therewith and for any damages which may be asserted, claimed or recovered against or from The Corporation of the Town of Midland, its elected and appointed officials, employees, volunteers or others working on behalf of The Corporation of the Town of Midland, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract.


FORM OF TENDER


CONTRACT L04-48385

TO BE COMPLETED BY TENDERER TENDER SUBMISSION CHECK LIST: Tender Submitted By: __________________________________________________________ Date: ____________________________________ Total Tender Bid $ _________________________ Certified Cheque $ ______________ Addendum(s)* ___________________ to ____________________, inclusive * Tenderer to fill in blanks or enter “NIL” as applicable.

FOR OFFICE USE ONLY Date/Time Tender Received: __________________________________________ Reviewed By: __________________________________________ Member of Council


FORM OF TENDER

2.0 TENDER FORM TO: Mayor and Members of Council

The Corporation of the Town of Midland Tendered by: (Firm Name) (Address) (City/Town) (Postal Code) (Telephone) (Fax) (E-Mail) Gentlemen: The undersigned has carefully examined the appended documents for this Contract and acknowledges the same to be part of the Contract. Further, the undersigned has visited the site and studied all conditions thereon which affect the work, and is fully informed as to the nature of the Work and the conditions relating to its performance. The undersigned hereby proposes to furnish all plant, labour and materials including in every case, freight, duty, exchange and sales tax in effect, except as otherwise specified and to complete the work in strict accordance with requirements of the Contract at the unit prices named in the Schedule of Prices for the sum of: (in writing) /100 ($ . ) DOLLARS


FORM OF TENDER The undersigned agrees to the following: 1. To execute the Agreement in duplicate and to furnish a certified copy of the

Insurance Policy required under the Contract, noting the Town of Midland as an additional named insured, and a Clearance Certificate from the Workplace Safety and Insurance Board noting the company is in good standing with the board within seven (7) days (not including Sunday or a legal holiday) from the date of mailing of the notice of acceptance of this Tender by the Town to the address stated hereunder.

2. To the fullest extent permitted by law, the successful Tenderer agrees to defend

(including attorney’s fees), pay on behalf of, indemnify and hold harmless The Corporation of the Town of Midland, its elected and appointed officials, employees and volunteers and others working on behalf of The Corporation of the Town of Midland against any and all claims, demands, suits or loss, including all costs connected therewith and for any damages which may be asserted, claimed or recovered against or from The Corporation of the Town of Midland, its elected and appointed officials, employees, volunteers or others working on behalf of The Corporation of the Town of Midland, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract.

3. This offer is to continue open to acceptance until the Contract is executed by the

successful bidder or for a period of Thirty (30) days commencing from the Date of Closing of Tenders, whichever event first occurs and that the Owner may, at any time within that period accept this Tender whether any other Tender has been previously accepted or not.

4. The Town reserves the right, in its absolute discretion, to reject any or all

Tenders or to award the contract to other than the Tenderer submitting the lowest Tender provided that Council, in its sole and absolute discretion, decides that it is in the best interest of The Corporation of the Town of Midland to do so.

5. The work will be commenced on May 1 of each year of the contract, or on a date

as close to May 1, as agreed between the Town and the Contractor.


FORM OF TENDER 6. The work will be completed on or before June 1 of each year of the contract, or

on a date as close to as June 1, as agreed between the Town and the Contractor.

I/We hereby agree to complete this Contract in accordance with the terms contained herein. DATED at _______________________ this _______ day of _______________, 2015 __________________________________ ________________________________ SIGNATURE OF AUTHORIZED PERSON WITNESS/SEAL _________________________________ NAME/POSITION (Please Print)


FORM OF TENDER SCHEDULE OF PRICES

2016 Quantity Unit Price Amount Centre Line Yellow 2700 litres $ $ Centre Line White 700 litres $ $ Small Machine White 700 litres $ $ Small Machine Yellow 100 litres $ $ Thermo-Plastic Marking (Optional) a) Solid Line 500m $ $

Sub-total 2016 $

2017 Quantity Unit Price Amount

Centre Line Yellow 2700 litres $ $ Centre Line White 700 litres $ $ Small Machine White 700 litres $ $ Small Machine Yellow 100 litres $ $ Thermo-Plastic Marking (Optional) a) Solid Line 500m $ $

Sub-total 2017 $


FORM OF TENDER

TENDER SUMMARY

Sub-Total of - 2016 $ - 2017 $ TOTAL (2016 + 2017) $ REPEAT TOTAL CONTRACT PRICE IN WRITING BELOW:

/100 ($ . ) DOLLARS Enter Total Tender Price on Page 1 of Tender Form Contract pricing is subject to HST at 13%. HST will be paid to the Contractor

as a separate line item in all payment certificates but is not to be included in the price bid above nor does it form part of the contract pricing


FORM OF TENDER

TENDERER’S EXPERIENCE IN SIMILAR COMPLETED WORK The following is a list of projects similar in type and scope to this Work which have been successfully completed by us.

TENDERER’S EXPERIENCE in SIMILAR COMPLETED WORK

LOCATION OWNER’S REFERENCE/ TELEPHONE – E-MAIL

DESCRIPTION of CONTRACT

YEAR COMPLETED

DOLLAR VALUE

LIST of PROPOSED PERSONNEL

POSITION NAME YEARS with COMPANY

This form shall be submitted with the tender.


TENDER FORM

LIST OF PROPOSED SUB-CONTRACTORS AND SUPPLIERS The Tenderer shall list hereunder the names of all Subcontractors as applicable, who he proposes to use showing the value of the work to be sublet to each. The value of the work sublet shall not exceed 30% of the total work. The list of Subcontractors shall be subject to the approval of the Director of Public Works, who reserves the right to reject any Subcontractor, which in his opinion, are incompetent or unqualified.

LIST of PROPOSED SUB-CONTRACTORS

SUB-TRADE PROPOSED

SUB-CONTRACTOR ADDRESS/PHONE

APPROXIMATE VALUE of

SUB-LET WORK

$

$

$

$

It is understood by the Tenderer that the above list of Subcontractors is complete and that no additions to this list will be permitted after Closing Date of Tenders, without the written approval of the Town. This form shall be submitted with the tender.


TENDER FORM

LIST OF PROPOSED SUB-CONTRACTORS AND SUPPLIERS (cont’d)

LIST of PROPOSED SUPPLIERS

MATERIAL PROPOSED SUPPLIER ADDRESS/PHONE MANUFACTURER

(Where Applicable)

This form shall be submitted with the tender.


This form shall be completed and submitted with the tender.


2.1 Sample Bid Bond

SAMPLE TO BE PRINTED ON BONDING COMPANY OFFICIAL STATIONARY

BID BOND

$ No. KNOW ALL MEN BY THESE PRESENTS, that as Principal, hereinafter called Principal, and as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Obligee, in the full and just sum of

Dollars ($___________________), lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED this ___________ day of _________________, 20_____. WHEREAS the Principal has submitted a written tender to the Obligee, dated the __________ day of ___________________, 20_____, for NOW THEREFORE, the condition of this obligation is such that if the Principal shall have the said tender accepted within sixty days from the closing date of the tender call and shall enter into a contract with the Obligee and furnish a Performance Bond and a Labour and Material Payment Bond each in the amount of 100% of the contract and satisfactory to the Obligee or other acceptable security, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the Surety shall not be (a) liable for a greater sum than the specified penalty of this bond nor (b) liable for a greater sum than the difference between the amount of the Principal’s tender and the amount of the tender that is accepted by the Obligee nor (c) subject to any suite or action unless such suit or action is instituted and a process therefore served upon the Surety at its Head Office in Canada, within twelve months from the date of this bond. IN TESTIMONY WHEREOF, the principal has hereto set its hand and affixed its seal, and the Surety has caused these presents to be sealed with its corporate seal duly attested by the signature of its authorized signing authority, the day and year first above written. ___________________________________ ___________________________________ Name of Contracting Company (Co. Seal) Name of Bonding Company (Co. Seal) ___________________________________ ___________________________________ Signature Signature


SPECIFICATIONS


CONTRACT L04-48385


SPECIFICATIONS 3.0 SPECIFICATIONS 3.1 DESCRIPTION OF REQUIRED WORKS

This contract is for the supply of all equipment, material and labour to place traffic paint on roadways as described in this document and in accordance with referenced specifications and standard practice. All pavement marking shall comply with Ontario Traffic Manual Book 11 ‘Pavement, Hazard and Delineation Markings’ as published by the Ministry of Transportation dated March, 2000 and in accordance with OPSS 710 (formerly OPSS 532).

All work shall be completed to the satisfaction of the Town of Midland. All materials are subject to the approval of the Town of Midland.

3.2 MATERIAL

All materials are to be supplied by the Contractor, except as noted, and subject to the approval of the Town. The Town shall supply traffic cones and similar traffic control items, if required. All paint used shall be an approved yellow and white WATER-BORNE TRAFFIC PAINT, non-coning high temperature traffic paint or approved equivalent. Traffic paint supplied must be approved for purchase by the Ontario Ministry of Transportation. Water-Borne traffic paint shall comply with OPSS 1716. The paint shall be Sherwin Williams or Ennis Paint or approved equal. Reflectorizing glass beads complying with the requirements of OPSS 1750 are to be applied to all painting on the roadways.

3.3 TEMPLATES AND MISCELLANEOUS PAINTING AND PARKING LOTS

Please note that directional arrows, school crosswalks, permit parking and handicap symbols are part of a separate tender document and are not included in this specification. Please note that catch basin arrows will be painted by others.

Miscellaneous painting shall conform to the following dimensions:

Stop Bar Line widths: 16"

The number and location of stop bars is listed in Appendix ‘A.’


SPECIFICATIONS 3.4 LONGITUDINAL & TRANSVERSE MARKINGS

Markings as defined for the purpose of this Contract are listed in Book 11 of the Ontario Traffic Manual.

3.5 TRAFFIC CONTROL AND SAFETY DEVICES

The Town of Midland will supply a truck and a man to assist in painting operations. The man and equipment shall be supplied as deemed warranted by the Town of Midland. The provision of the truck and man in no way removes the responsibility or liability for the Contractor to work in a safe manner at all times. All work shall be done in accordance with the Town of Midland Health and Safety manual and in compliance with Book 7 of the Ontario Traffic Manual. The Contractor shall, at all times, ensure that all freshly painted lines are suitably marked and shall protect the freshly laid material from being tracked or smeared by traffic.

3.6 CONTRACT SCHEDULE

Prior to commencing any painting operations, the successful Contractor shall report to the Town and not work shall begin without authorization. It shall be the Contractor’s discretion to choose, as he may deem best, to carry out the pavement marking during day or night hours.

3.7 INTERPRETATION OF ESTIMATED QUANTITIES

The estimated quantities as outlined on the ‘Schedule of Unit Prices’ attached to the Form of Tender are approximate only. The Town reserves the right to increase or decrease these quantities at its own discretion. Any changes in the total estimated and the actual quantities shall be paid for at the bid unit prices. The Contractor is required to document all pavement markings applied which are not listed in the Schedules of Unit Prices.

3.8 EQUIPMENT

The Contractor shall have a late model truck mounted centre line unit in good repair and approved by the Town. This unit shall have dual steering with interchangeable white and yellow. The unit shall be a hot paint unit. The Contractor shall also utilize a back-up unit, with arrow boards and proper safety lighting. The Contractor’s small units shall be capable of handling pressurized beads and be a Kelly Crestwell type or approved equivalent.


SPECIFICATIONS 3.9 THERMO PAINTING

The Contractor shall submit a unit price per linear metre of thermo plastic line marking for solid and broken ‘skip’ lines, as specified. The material and application shall be in accordance with 3M Company or approved equal. The location and extent of any thermo plastic marking will be determined by the Town.

3.10 WORKPLACE SAFETY AND INSURANCE BOARD CERTIFICATE The Contractor shall provide the Town with a copy of the Workers' Safety and

Insurance Board (WSIB) Clearance Certificate indicating the Contractor's good standing with the Board. A current Certificate is to be available for the Town to obtain at all times during the term of this Contract. The Town reserves the right to withhold payment for the services performed under this Contract until it is in receipt of a valid WSIB Clearance Certificate.

3.11 INSURANCE

The Contractor shall have a minimum of Five Million Dollars ($5,000,000) of liability insurance coverage and shall supply the Town with proof of coverage, noting the Town of Midland as an additional named insured.

3.12 TERM

This contract shall be for a two year term. If the Town is not content with the quality of the workmanship or material, the Town reserves the right to terminate the contract at any time.

3.13 TIMING

(A) The painting shall be done after the Town’s maintenance operations have completed the spring sand cleaning. The painting shall be completed between May 1st and June 1st each year of the contract. Preference will be given to Contractors who are capable of completing the line painting works in the shortest time limit.

(B) Parking lots shall be painted during even years.

3.14 ADDITIONS OR DELETIONS

The Town reserves the right to add or delete work from the list of identified works.


FORM OF AGREEMENT


CONTRACT L04-48385


FORM OF AGREEMENT

4.0 AGREEMENT

THIS AGREEMENT made in quadruplicate the day of , 2015, by and between

hereinafter called the "Contractor"

and

The Corporation of the Town of Midland

hereinafter called the "Town"

WITNESSETH That, the Contractor for and in consideration of the payment specified in his Tender for this Work, hereby agrees to furnish all necessary plant, labour and materials, except as otherwise specified, and to complete the said Work in strict accordance with the Contract Documents, all which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied therein. The Contractor further agrees that he will deliver the whole of the Work completed in accordance with the Agreement. IN CONSIDERATION WHEREOF, the Town agrees to pay to the Contractor, __________________________, for all Work done, an amount of:

/100 ($ . ) DOLLARS as indicated in the Form of Tender or as may be adjusted in accordance with the Contract Documents. THIS AGREEMENT SHALL inure to the benefit of and be binding upon the heirs, executors, administrators, and assigns of the Contractor and on the heirs and successors of the Owner.


FORM OF AGREEMENT To the fullest extent permitted by law, the Contractor agrees to defend (including attorney’s fees), pay on behalf of, indemnify and hold harmless The Corporation of the Town of Midland, its elected and appointed officials, employees and volunteers and others working on behalf of The Corporation of the Town of Midland against any and all claims, demands, suits or loss, including all costs connected therewith and for any damages which may be asserted, claimed or recovered against or from The Corporation of the Town of Midland, its elected and appointed officials, employees, volunteers or others working on behalf of The Corporation of the Town of Midland, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract. The Tenderer shall receive payment for work done, and materials supplied according to the unit prices contained in the Tender Form, in accordance with the provisions of this Contract. The unit prices will be applied by the Director of Operations to the actual quantities of work and materials supplied by the Tenderer whether these quantities be more or less than those estimated on the said Tender Form or shown on the Contract Drawings. All payments shall include HST at the rate of 13%. IN WITNESS WHEREOF, the Contractor and the Town have hereunto signed their names and set their seals on the date first above written. Signed and Sealed by the Contractor

Name of successful Tenderer here

Signature Witness __________________________ Seal Name (Please Type or Print Name of Signatory Above)

I/We have authority to bind the Corporation.

Signed and Sealed by the Town of Midland

Mayor ______________________________ Witness Clerk Seal


SCHEDULES


CONTRACT L04-48385


5.0 SCHEDULES

SCHEDULE ‘A’

A) Stop Bars (per Intersection)

To Include : William Street (5)

: King Street (4) : Bayshore Drive (4) : Bay Street (1) : Fourth Street (4) : Sixth Street (1) : Eighth Street (1) : Edmond Street (1) : Hugel Avenue (2) : Harbourview Dr. (1) : Ellen Street (2) : Colborne Street (2) : Robert Street (1)