HomeMy WebLinkAbout23 203 2023 Mount Forest Avenue (Omega Contractors Inc.) Tender Acceptance By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2023 - 203
Being a By-law to Award a Tender Contract for the Mount Forest Avenue
Reconstruction Project, in The Municipality of Kincardine
(Omega Contractors Inc.)
Whereas Section 44 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality has jurisdiction over a highway or bridge shall keep it
in a state of repair that is reasonable in the circumstances; and
Whereas pursuant to the said Municipal Act, Section 8 (1) and 9 provide that the
powers of a municipality under this or any other Act shall be interpreted broadly so
as to confer broad authority on the municipality to enable the municipality to govern
its affairs as it considers appropriate and to enhance the municipality’s ability to
respond to municipal issues and has the capacity, rights, powers and privileges of
a natural person for the purpose of exercising its authority under this or any other
Act; and
Whereas it has been determined that there is a need to reconstruct Mount Forest
Avenue. within the Municipality of Kincardine, pursuant to Tender No. 2023-19322
and Environmental Services Report 2023-47; now therefore be it
Resolved that the Council of The Corporation of the Municipality of Kincardine
Enacts as follows:
1. That the Tender for the Mount Forest Avenue. Reconstruction Project be
awarded to Omega Contractors Inc., in the amount of $1,116,482.11
(including the non-refundable portion of HST).
2. That the Mayor and Clerk be authorized and directed to execute, on behalf
of The Corporation of the Municipality of Kincardine, any contracts and other
documents required to authorize such work to commence.
3. This By-law shall come into full force and effect upon its final passage.
4. This By-law may be cited as the “Mount Forest Avenue (Omega Contractors
Inc.) Tender Acceptance By-law”.
Read a First and Second Time this 13th day of December, 2023.
Read a Third Time and Finally Passed this 13th day of December, 2023.
Mayor Clerk
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IPART 3:CONTRACT
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PART 3: CONTRACT
AGREEMENT FOR CONSTRUCTION SERVICES
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Effective Date December 13, 2023
Municipality Corporation of the Municipality of Kincardine, an Ontario municipality having
offices at 1475 Concession 5, Kincardine,Ontario N2Z 2X6
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Contractor Omega Contractors Inc.
RFx Title/Number ES 2023-19322
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CONTRACT ADMINISTRATOR AND CONTRACTOR REPRESENTATIVE
Contract Administrator Contractor Representative
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Contract B. M. Ross and Associates
Administrator Limited
(Firm Name)
Contact Name Joe Metzger Contact Name Chris Dixon
ITitle Project Manager Title President
Phone 519-524-2641 ext 215 Phone 519-652-6188
IEmail jmetzger@bmross.net Email chrisda,omegacontractors.ca
Address for 62 North Street Address for 4104 Breck Avenue
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Notices Goderich,ON N7A 2T4 Notices London, ON N6L 1B5
1. Contract Documents. The terms of the contract between the Municipality and Contractor for the
' supply of the goods and services set out in the SOW (the "Work") are comprised of the following
(collectively,the"Contract"):
I a) This document entitled Agreement for Construction Services (the "Agreement");
b) Addenda, if any
c) Scope of Work(the "SOW")
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c.1. Annex 1 To The Scope Of Work—Special Provisions
c.2. Annex 2 To The Scope Of Work—Standard Detail Drawings (OPSD's, Etc.)
c.3. Annex 3 To The Scope Of Work—Contract Drawings
I c.4. Annex 4 To The Scope Of Work—Borehole Logs And Geotechnical Related
d) Standard Specifications
e) Standard Drawings
I f) Contractor's Offer Form
g) Supplemental General Conditions
h) General Conditions (as defined below)
Ii) Working Drawings and Shop Drawings
Where a document that is listed above is not physically attached to the Contract, it is deemed
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incorporated by reference unless otherwise expressly excluded from the Contract. In the event of a
conflict or inconsistency between any of the above documents,the conflict or inconsistency shall be
esolved in favour of the document first appearing on the above list. If the Bid is the result of a
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PART 3:CONTRACT
' competitive solicitation process, any assumptions, conditions, restrictions, or qualifications in the
Bid are of no force or effect.
' 2. General. The Ontario Provincial Standard Specifications Municipal-Oriented General Conditions of
Contract, November 2019 (OPSS.MUNI 100) available at the following url
https://www.library.mto.gov.on.ca/SydneyPLUS/TechPubs/Portal/tp/opsViews.aspx?fang=en-US
(the "General Conditions") are hereby incorporated into, and apply, mutatis mutandis, to this
Contract.
3. Definitions. All terms not defined in this document are as defined in the General Conditions, as
amended or supplemented by the Supplemental General Conditions.
4. Contract Administrator.The Contract Administrator for this Contract is the party named on the cover
page of the Agreement.
5. Coordination Meetings. The Contractor shall attend at construction meetings with the Owner,
Contract Administrator, and other parties as required. The Contractor shall attend such meetings
with the Municipality and/or utility company authorities as may be required by the Contract
Administrator to co-ordinate services affected by the Contract.
6. Delays and Liquidated Damages. If all the Work called for under the Contract is not finished or
completed within the date of completion specified aforementioned or as extended in accordance
with the process set out in the Contract,a loss or damage will be sustained by the Municipality. Since
it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or
damage which the Municipality will suffer in the event of and by reason of such delay, the Contractor
will pay to the Municipality,the sum of one thousand dollars ($1,000.00) as liquidated damages for
each and every calendar day delay in finishing the Work beyond the date of completion prescribed.
Contractor accepts that this amount is a reasonable estimate of the actual loss or damage to the
Municipality which will accrue during the period in excess of the prescribed date of completion.The
Corporation may deduct any amount due under this paragraph from any monies that may be due or
payable to the Contractor on any account whatsoever. The liquidated damages payable under this
paragraph are in addition to and without prejudice to any other remedy, action or other alternative
that may be available to the Municipality.
' 7. Warranty Holdback. The Owner will retain, for the duration of the period of the warranty on the
Work as set out in the Contract Documents, a holdback equal to 3% of the Total Bid Price specified
in the Bid Form (the"Warranty Holdback").
' 8. Notices. Unless otherwise expressly agreed to in writing, any notice, consent or other document
required to be sent pursuant to this Contract shall be in writing and shall be delivered by hand or sent
by prepaid courier or by email to the following contacts and addresses:
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PART 3:CONTRACT
1 If to Contract Administrator
See coverIf to Contractor
page of Agreement See cover page of Agreement
' If to the Municipality, at the address on the
cover page,directed to:
Adam Weishar
Director of Infrastructure and Development
aweishar@kincardine.ca
Any written notice is deemed to have been received: (a) if delivered by hand, at the time of its
delivery, so long as a written receipt is obtained from the recipient; (b) if sent by prepaid courier,at
' the time of its delivery so long as the courier obtains confirmation of delivery; (c) if transmitted by
email transmission, on the date recipient provides written confirmation of receipt. Any party may
change its contact information by giving notice of the change to the other party in accordance with
' the provisions of this paragraph.
' 9. Time is of the Essence.Time shall be deemed the essence of this Contract.
10. Entire Agreement. The Contract Documents reflect the entire agreement between the parties with
respect to the subject matter of this Contract. There is no promise, inducement, representation,
' warranty, collateral agreement, or condition other than as expressed in writing in the Contract
Documents.All representations and inducements made by the Owner or its representatives which are
relied upon by the Contractor are contained in the Contract Documents and the Owner disclaims
' reliance or any other representations or inducements.
11. Contractor Undertakings. Without limiting the provisions of the Contract, the Contractor hereby
1 confirms it has read, understood and shall comply with all the provisions of this Contract and, for
greater certainty,the Contractor undertakes:
' (a) To supply (except as otherwise provided herein) all the materials and to perform all the Work
described in this Contract at the prices and in the time periods specified in the Contract Documents.
' (b) To guarantee that the said Work shall be maintained in such condition as will meet with the
approval of the Contract Administrator and the appropriate officials of the Municipality for the
Warranty Period.
(c) To accept any decision of the Contract Administrator as final and binding on the Contractor and
the Owner as to the nature and cause of any imperfections and as to the remedy for each and as to
which party shall bear the cost of such remedy. Failure to comply with the directions of the Contract
Administrator within 48 hours after written notice may result in the Contract Administrator having
' the Work performed by others and the cost thereof being deducted from the amount due to the
Contractor.
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PART 3:CONTRACT
' 12. Contractor Declaration. The Contractor declares that in tendering for the works and in entering into
this Contract, they have either investigated the character of the work and all local conditions that
might affect the tender or the acceptance of the Work,or that not having so investigated, 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 or the Contract signed.
The Contractor also declares that they did not and do not rely upon information furnished by any
methods whatsoever by the Owner 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 Owner.
13. Miscellaneous. The Contractor is contracted as an independent contractor and not as agent, joint
venturer or employee of the Municipality. The Contractor shall at all times comply with applicable
' laws at Contractor's sole expense.Any delay by a party in the exercise of any right or remedy provided
herein shall in no event be deemed to be a waiver of such right or remedy. To be valid, any waiver
must be made in writing expressly referencing the Contract. If any provision of the Contract is held to
' be invalid or unenforceable by a judicial or regulatory authority, the meaning of such provision shall
be construed, to the extent feasible, so as to render the provision enforceable. If no feasible
interpretation would save the provision, it shall be severed, and the remainder shall not be affected
and shall be enforced as nearly as possible according to its original terms and intent.The Municipality
may assign its rights and obligations under the Contract without requiring any notice to or consent
from Contractor.Contractor may not assign or transfer any right or obligations hereunder without the
' prior written consent of the Municipality, which consent shall not be unreasonably withheld. The
indemnity shall be in addition to and not in lieu of any insurance required to be provided by the
Contractor in accordance with this Contract.The warranty,indemnity and other provisions reasonably
intended to survive termination or expiration of the Contract shall survive. Les parties ont accepte
que ce document soit redige en anglais. The parties have agreed that this document be prepared in
the English language.
14. Electronic Signatures and Documents. This Agreement may be executed by electronic signature, or
signed by hand and scanned, and delivered in any number of counterparts which, together, shall
constitute one and the same instrument. Once signed,a copy or electronic version of the document
will have the same force and effect as the original document.
' **SEE NEXT PAGE FOR SIGNATURE BLOCK**
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PART 3:CONTRACT
IN WITNESS WHEREOF,this Contract has been executed by the undersigned authorized representatives.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Name: (<' 1it
I�Name: 9)/ILie... 2, � tiov1L _4(a,rt��
Title: Mal
r Title: /Yy 6
Signature: Signature: teTt-c-k—
Date: Yet14
t2S (��� t , Date: ail ai.�/ 4G� �
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CONTRACTOR:
Name: C Lcl' 't K��
Title: \Z L S DCr.S
Signature:
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Date: —3 /7 6?�
ATTACHMENTS: [to be completed when preparing the final contract]
OMEGA CONTRACTORS INC
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' MUNICIPALITY OF KINCARDINE
NOTICE TO ALL CONTRACTORS
' CORPORATE STATEMENT
OCCUPATIONAL HEALTH AND SAFETY
The Corporation of the Municipality of Kincardine is committed to ensuringthat a high standard
p Y g
of health and safety is provided and maintained for all employees' visitors, guests, contractors,
agents and others on our premises.
Accordingly, a corporate health and safety policy and procedure manual has been adopted and
implemented and shall be adhered to.
' ALL CONTRACTORS SHALL:
1. Demonstrate establishment and maintenance of health and safety program with objectives
and standards consistent with applicable legislation and with the Municipality of
Kincardine's health and safety policies and requirements.
2. Submit a copy of past accident records and Worker's Compensation Board Number.
3. Include health and safety provisions in their management systems to reach and maintain
consistently a high level of health and safety.
4. Ensure that workers in their employ are aware of hazardous substances that may be in use
at their place of work and wear appropriate personal protective equipment as may be
required.
' 5. Upon request at any time from award to completion of contract, submit proof of
fulfilment of above responsibilities.
6. Must comply with Workplace Safety Insurance Board (WSIB)premiums.
7. The Contractor shall sign-off on the corporate occupational health & safety form stating
his agreement to comply.
Your co-operation and assistance in this matter is appreciated and vital to the Health and Safety
of all.
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MUNICIPALITY OF KINCARDINE
OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM
I have read the "Municipality of Kincardine, Notice to All Contractors, Corporate Statement of
Occupational Health and Safety" and agree to comply with it.
Contractor's Name Date
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Y:\Project_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\KINCARDINE Heal
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PART 3:CONTRACT
I Supplemental General Conditions
GC SECTION SUPPLEMENTAL GENERAL CONDITION
GC 1.04 GC 1.04.01, Definitions is amended by including the following definitions:
DEFINITIONS Acceptable Disinfectant Concentration means:
a)a disinfectant concentration of at least 0.2 mg/L free chlorine residual in a chlorinated system
or 1.0 mg/L combined chlorine residual in a chloraminated system; or, if these disinfectant
concentrations cannot be achieved,
b)a disinfectant concentration that is representative of the residual in the area,determined by
testing upstream and downstream from the testing location or by using documented
benchmarks for the area, as long as free chlorine concentrations are at least 0.05 mg/L in a
chlorinated system and combined chlorine concentrations are at least 0.25 mg/L in a
chloraminated system.
Air Gap means a space at the location of the maintenance/repair between the exterior surface
of the watermain and the interior surfaces of the excavation, including the water in the
excavation, sufficient to prevent water, soil or any other Contaminant in the excavation from
contacting the watermain, fittings, or Appurtenances throughout the maintenance/repair
process.
Appurtenance means an appurtenance, within the meaning of O. Reg. 170/03, which is in
contact with the Drinking Water.
Backflow Prevention means the prevention of a reversal of normal flow that could introduce
Contamination to the Drinking Water System.
Certified Operator means certified operator within the meaning of O. Reg. 170/03.
Completion means contract completion as set out in section 2(3)of the Construction Act which
is reproduced as follows for convenient reference purposes:
For the purposes of this Act, a contract shall be deemed to be completed and services
or materials shall be deemed to be last supplied to the improvement when the price of
completion, correction of a known defect or last supply is not more than the lesser of,
r (a) 1 per cent of the contract price; and
(b) $5,000.
' Connection means all watermain and appurtenances installed between an existing watermain
and a new or future watermain/appurtenance.
Construction Trade Newspaper, as per Ontario Regulation 304/18, as made under the
Construction Act, means a newspaper,
(a) that is published either in paper format with circulation generally throughout Ontario
or in electronic format in Ontario,
(b) that is published at least daily on all days other than Saturdays and holidays,
(c) in which calls for tender on construction contracts are customarily published, and
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(d) that is primarily devoted to the publication of matters of concern to the construction
industry.
Contaminant means foreign matter that is not intended to enter a watermain.
Contamination means the introduction of a contaminant into a watermain. 1
Detours as defined in the Ontario Traffic Manual Book 7, Section 2.3.6 Detours. A detour is
when traffic is diverted from its normal path because it cannot be adequately accommodated
within an existing roadway. Guidance of traffic through detours requires signage that is
continuous and complete to guide drivers back to the normal route.Types of Detours are:
(a) Roadway Diversion -Traffic in both directions is required to make a short diversion, within
the highway right of way,to bypass the work area;
(b) Lane Realignment-Traffic in one direction is diverted from its normal path onto an alternate
alignment around a temporary work area; and I
(c) Route Detours-Traffic is required to completely depart from the normal route and directed
to use alternate roads. A route detour is typically provided when the road capacity is reduced
to the point to which some of the traffic must be redirected dues to excessive delays, or the
road is entirely closed at which point an alternate route must be provided. The alternate route
will be signed by using a combination of appropriate TC-10 directional signs.
Directly Supervised means directly supervised within the meaning of Section 5.1.1 of the
Certification Guide for Operators and Water Quality Analysts of Drinking Water Systems, as
amended, but it does not expressly refer to the definition of supervisor under the Occupational
Health and Safety Act.
Drinking Water means drinking water within the meaning of the Safe Drinking Water Act.
Drinking Water Health Hazard means drinking water health hazard within the meaning of the
Safe Drinking Water Act.
Drinking Water System means drinking water system within the meaning of the Safe Drinking
Water Act.
Equivalent means that the material to be supplied shall have the same or better performance
properties and shall have the same certifications as the material specified. It is the Contractor's
responsibility to provide all documentation that supports the Contractor's claim that material
is to be considered an equivalent. The burden of proof lies with the Contractor. It is also the
Contractor's responsibility to make it known, prior to the pre-construction meeting, that an
equivalent is being proposed for the Work. Where the phrase "or equivalent" is absent from
the Special Provision, no equivalent materials are to be used.
Event of Delay means that the Contractor is delayed in the completion of the Work solely and
exclusively due to any of the following:
a) due to a reason listed in Section GC 3.07 of the General Conditions, as amended in
the Supplemental General Conditions;
b) by reason of any breach of contract or prevention by the Owner contrary to the
provisions of the Contract Documents;
c) by reason of an unreasonable delay by the Owner issuing instructions or information
or in delivering materials in an manner that is contrary to the provisions of the
Contract Documents;
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111 d) by any other act or omission of the Owner contrary to the provisions of the Contract
Documents;
e) by a Force Majeure event.
Flushing means flowing water through a section of watermain/appurtenances nd out of the
system until the water appears visibly free from discoloration and particulates with an
1 acceptable disinfectant concentration.This definition does not include rechargin a watermain.
Force Majeure means an event or a cause beyond the reasonable control of a party that was
not reasonably foreseeable at time of tender submission including, but not limited to,an act of
God, or of a public enemy, acts of a government, war, blockades, and civil commotions,
abnormal weather, fire, disease, epidemic, pandemic, quarantine restrictions, embargoes or
delays of Subcontractors due to such unforeseeable causes.
Higher Velocity Flushing means flushing of a watermain with sufficient velocity to discharge
settled materials.
Isolate means operating valves to ensure that there is no flow of water to or from a specific
section of watermain.
Microbiological Samples means water samples taken and tested for Escherichia coli and Total
Coliforms by a licensed and accredited laboratory.
Ministry means the Ministry of the Environment, Conservation and Parks.
Operator-in-Charge means an operator-in-charge within the meaning of O. Reg. 128/04.
Provisional means that the use of this item is conditional on the circumstances determined by
the Contract Administrator at the time of construction and that authorization to proceed must
be granted to the Contractor prior to proceeding with the work.
Service Pipe means a service pipe within the meaning of O. Reg. 170/03.
Shop Drawings means any Drawings or Plans prepared by the Contractor for components that
will form a permanent part of the Work which may include mechanical and electrical
equipment or components permanently embedded in the work.
Statutory Holdback means the holdbacks required under the Construction Act in the form of
funds. A letter of credit, a demand-worded repayment bond or any other form are not
acceptable forms of holdback.
Substantial Performance has the meaning as set out in the Construction Act, R.S.O. 1990, c.
C.30 which is reproduced for convenient reference purposes:
For the purposes of this Act, a contract is substantially performed,
(a)when the improvement to be made under that contract or a substantial part thereof
is ready for use or is being used for the purposes intended; and
(b) when the improvement to be made under that contract is capable of completion
or,where there is a known defect, correction, at a cost of not more than,
(i) 3 per cent of the first$1,000,000 of the contract price,
(ii) 2 per cent of the next$1,000,000 of the contract price, and
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(iii) 1 per cent of the balance of the contract price. R.S.O. 1990,
c. C.30, s. 2 (1); 2017,c. 24, s.4 (1, 2).
(2) For the purposes of this Act,where the improvement or a substantial part thereof
is ready for use or is being used for the purposes intended and the owner and the
contractor agree not to complete the improvement expeditiously, the price of the
services or materials remaining to be supplied and required to complete the
improvement shall be deducted from the contract price in determining substantial I
performance.
Warranty Period or Maintenance Period means the applicable time period according to clause
GC 7.16.02,Warranty.
Water Advisory means a boil or drinking water advisory for the area being serviced by the
affected watermains declared by the local medical officer of health.
Water Quality Analyst means a water quality analyst within the meaning of O. Reg. 128/04.
Working Drawings or Working Plans means any Drawings or Plans prepared by the Contractor
for the execution of the Work and may, without limiting the generality thereof, include
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formwork,falsework, and shoring plans; Roadway protection plans;or erection diagrams.
GC 2.01 GC 2.01.01 a) is amended as follows:
RELIANCE ON a) The location and depth of all utilities shown on the Contract Drawings are based on
CONTRACT information obtained from the applicable operating authority. Neither the Owner nor the
DOCUMENTS Contract Administrator warrants the accuracy of the information.The Owner and the
Contract Administrator disclaim any liability or responsibility for any discrepancy between
the information on the Contract Drawings and the actual locations of the utilities.
GC 2.01.02 a) is amended as follows: I
a) If a geotechnical investigation was performed for this Contract,the report will be made
available at the office of the Contract Administrator for inspection but the office of the
Contract Administrator assumes no responsibility for any errors or omissions which may
be inherent in the report. Neither the Owner nor the Contract Administrator warrants
interpretations of data or opinions expressed in any report. Notwithstanding any
provision to the contrary in the Contract, any geotechnical report that may be made
available to the Contractor is not a Contract Document and any such report is expressly
excluded from and does not form part of the Contract.The Owner and the Contract
Administrator disclaim any liability or responsibility for any information in the report.
GC 3.02 GC 3.02.01, GC 3.02.02, GC 3.02.03, GC 3.02.04, GC 3.02.05, and GC 3.02.07 shall also apply to
WORKING Shop Drawings.
DRAWINGS GC 3.02.06 is amended as follows:
.06 Work related to the Working Drawings shall not proceed until the Contract Administrator's
comments are issued to the Contractor. Work related to the Shop Drawings shall not proceed
until the Shop Drawings have been signed and dated by the Contract Administrator and marked
with, "Reviewed" or"Reviewed as Modified", "Revise and Re-Submit" or"Not Reviewed". Any
Work performed in connection with Shop Drawings that have not been signed and marked
"Reviewed" or"Reviewed as Modified" is at the Contractor's sole and exclusive risk.
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GC 3.05 GC 3.05.02 is amended as follows:
LAYOUT .02 The Contract Administrator shall provide pre and post construction inventories of all known
INFORMATION Monuments, etc.that are located within the Working Area.
GC 3.06 GC 3.06.01 is amended to read:
EXTENSION OF .01 An application for an extension of Contract Time shall be made in writing by the
CONTRACT TIME Contractor to the Contract Administrator, with a copy to the Owner,within 5 business days of
the Contractor becoming aware of the need for such extension and at least 15 Days prior to the
expiration of the Contract Time. All bonds or other surety furnished to the Owner by the
Contractor is amended where necessary at the expense of the Contractor to provide coverage
beyond the date of any extension of time granted,and the Contractor shall furnish the Owner
with evidence of such amendment of the bonds or other surety. The application for an
extension of Contract Time shall enumerate the reasons and state the length of extension
required.
GC 3.06.02 Circumstances suitable for consideration of an extension of Contract Time include
the following:
a) Delays, subsection GC 3.07
b) Changes in the Work,clause GC 3.10.01
c) Extra Work, clause GC 3.10.02
d) Additional Work,clause GC 3.10.03
e) Event of Delay
GC 3.06.03 The Contract Administrator shall,in reviewing an application for an extension to the
Contract Time,consider whether the delays,Change in the Work, Extra Work,Additional Work
or Event of Delay involve a Controlling Operation.
GC 3.06.05 The terms and conditions of the Contract shall continue for such extension of
Contract Time. Additional terms and conditions specific to the extension of time may also be
applied. Notwithstanding the extension, time shall continue to be deemed of the essence of
the contract.
GC 3.07 GC 3.07.01 is deleted and replaced with the following:
DELAYS .01 If the Contractor is delayed in the performance of the Work by,
a) errors in the Contract Documents;
b) an act or omission of the Owner or Contract Administrator contrary to the provisions
of the Contract Documents;
c) a stop work order issued by a court or public authority, provided that such order was
not issued as the result of an act or omission of the Contractor or anyone employed
or engaged by the Contractor directly or indirectly;
d) The Contract Administrator giving notice under section GC 7.09,Suspension of Work;
or
e) Archaeological finds, in accordance with subsection GC 3.15,Archaeological Finds,
Then, provided the Contractor or any Contractor Subcontractor was not in default of any
obligations under the Contract or otherwise the cause of the event leading to the delay and
provided the Contractor issues prompt written notic_ to the Contract Administrator of its
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intention to seek reimbursement of its reasonable costs associated with the delay (not to
exceed 30 days),the Contractor shall be reimbursed by the Owner for reasonable costs incurred
by the Contractor as the result of such delay. An Extension of Contract Time may be granted in
accordance with subsection GC 3.06, Extension of Contract Time.
GC 3.07.03 is deleted and replaced with the following:
.03 In no case shall an extension of Contract Time, if granted, be less than the time lost as the
result of the event causing the delay, unless otherwise mutually agreed by the parties. Save
and except for those delays listed in Section 3.07.01, in no other circumstance shall the Owner
be responsible for costs incurred by the Contractor as a result of delays resulting in an Extension
of the Contract Time.
GC 4.02 GC 4.02.01 is amended as follows:
APPROVALS AND .01 The Contractor shall be responsible for obtaining and paying for all plumbing and building
PERMITS permits.
GC 6.01 GC 6.01.04 is deleted and replaced with:
PROTECTION OF .04 The Contractor shall not be responsible for loss and damage that occurs to the extent
WORK,PERSONS AND resulting from errors in the Contract documents or acts or omissions of the Owner, the
PROPERTY Contractor Administrator, their agents and employees, or for individuals that are not directly
or indirectly under the control of the Contractor while such individuals are present in the
Working Area with the Owner's permission.
GC 6.02 GC 6.02.01 is amended as follows:
INDEMNIFICATION .01 The Contractor shall indemnify and hold harmless the Owner and the Contract
Administrator, their elected officials, agents, officers, and employees from and against all
claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings by third
parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the
performance of or the failure to perform the Work, provided such claims are,
a) attributable to bodily injury,sickness, disease,or death or to damage or to destruction 1
of tangible property;
b) caused by negligible acts or omissions of the Contractor or anyone for whose acts the
Contractor may be liable; and
c) made in writing within a period of 6 years from the date of certification of Final
Acceptance.
GC 6.03.01 GC 6.03.01.01 is amended as follows: I
CONTRACTOR'S .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor
INSURANCE shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02,
GC 6.03.03,GC 6.03.05 (as amended),and GC 6.03.06. Insurance coverage in clause GC 6.03.04
shall not apply.
GC 6.03.02 GC 6.03.02.01 is amended as follows: I
COMMERCIAL .01 Commercial General liability insurance and completed operations coverage shall both be in
GENERAL LIABILITY the name of the Contractor, with the Owner and the Contract Administrator named as
INSURANCE additional insureds, both with the limits of not less than five million dollars inclusive per
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PART 3:CONTRACT
occurrence for bodily injury, death,and damage to property including loss of use thereof. The
insurance shall be provided in a form acceptable to the Owner.
GC 6.03.05 GC 6.03.05.01 is deleted and replaced with:
PROPERTY AND .01 The Contract Administrator, on behalf of the Owner, will be requesting proof of valid
BOILER INSURANCE Builders Risk insurance,on an All Risk form acceptable to the Owner, in the amount of not less
than the sum of the Contract price and the full value, as may be stated in the Contract
Documents,of Material that is specified to be provided by the Owner for incorporation into the
Work,with a deductible not exceeding 1% of the amount insured at the site of the Work. The
duration of the Builders Risk policy shall be from the date of commencement of the Work until
10 days after the date of Substantial Performance of the Work as set out in the Certificate of
Substantial Performance. Builders Risk insurance shall be in the name of the Contractor with
the Owner and the Contract Administrator named as additional insured.
GC 6.03.07 GC 6.03.07.01 is amended as follows:
INSURANCE .01 Each insurance policy as noted in the Contract Documents,excluding completed operations
' REQUIREMENTS AND coverage,shall be in effect from the date of Contract signing until 10 days after the date of Final
DURATION Acceptance of the Work, as set out in the final Acceptance Certificate. Completed operations
coverage shall be maintained for six years from the date of Final Acceptance.
GC 7.02 MONUMENTS GC 7.02.07 is amended as follows:
AND LAYOUT
.07 The Contract Administrator shall provide qualified personnel to lay out the following once:
• Offset stakes for road centreline alignment
• Offset stakes for storm sewer structures and sanitary sewer structures
• Final curb grade and alignment
• Alignment for bridge foundations
Subsequent layout,for the same item,will be at the Contractor's expense.
Two weeks advance notice is required by the Contract Administrator to schedule the
construction layout.
The Contractor shall provide qualified personnel to lay out all other lines and grades
necessary for construction. The Contractor shall notify the Contract Administrator of any
layout work carried out,so that the same may be checked by the Contract Administrator.
GC 7.10 GC 7.10.02 is amended as follows:
CONTRACTOR'S
RIGHT TO STOP THE .02 If the Work is stopped or otherwise delayed for a period of 60 Days or more under an
WORK OR TERMINATE order of a court or other public authority which falls within Section GC 3.07.01(c) the
THE CONTRACT Contractor may,without prejudice to any other right or remedy the Contractor may have, by
giving the Owner written notice,terminate the Contract.
GC 7.16 WARRANTY GC 7.16 is deleted and replaced with the following:
.01 Unless otherwise specified in the Contract Documents for certain Materials or components
of the Work,the Contractor shall be responsible for the proper performance of the Work
only to the extent that the design and standards permit such performance.
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PART 3: CONTRACT
.02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional
cost to the Owner, defects or deficiencies in the Work that appear,
a) 12 months from the date of Completion of the Work as set out in the Completion
Certificate, or
b) such longer periods as may be specified in the Contract Documents for certain
Materials,some of the Work, or all of the Work.
The Contract Administrator shall promptly give the Contractor written notice of observed 1
defects or deficiencies.
.03 The Contractor shall correct or pay for damage resulting from corrections made under
the requirements of clause GC 7.16.02.
.04 3% of the value of the Work, or a different value as may be specified in the Contract
Documents, will be retained to cover the Work required under GC 7.16.02, as a guarantee of
the proper performance of the warranty work included in the Contract. This amount will be
released without interest upon expiry of the Warranty Period subject to the proper correction
of all deficiencies to the Owner's reasonable satisfaction.
The warranty holdback will be held in addition to the 10% holdback required by the
Construction Act, R.S.O.1990,c.C.30. The holdback will be retained by the Owner,commencing
during the latter part of the period of construction and generally not before the Contract is
approximately 80%complete.
No alternate forms of security will be considered. I
GC 7.18 GC 7.18.01 is amended as follows:
DRAINAGE I
.01 During construction and until the Work is completed,the Contractor shall make
reasonable efforts to keep all portions of the Work properly and efficiently drained,to at least
the same degree as that of the existing drainage conditions.
The Contractor will be held responsible for all damage which may be caused or result from
water backing up or flowing over,through,from or along any part of the works,or which any
of the operations may cause to flow elsewhere.
GC 8.02.03 GC 8.02.03.01,the first sentence of paragraph GC 8.02.03.01 is amended as follows:
ADVANCE PAYMENTS .01 The Owner may make advance payments for Material intended for incorporation in the
FOR MATERIALS Work upon the written request of the Contractor and according to the following terms and
conditions: I
GC 8.02.04.04 GC 8.02.04.04.04, is amended as follows:
SUBSTANTIAL .04 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall
PERFORMACE OF forthwith, as required by Section 32(1) Paragraph 5 of the Construction Act, as amended,
WORK publish a copy of the certificate in a construction trade newspaper.
GC 8.02.04.05 GC 8.02.04.05.03, is amended as follows:
SUBSTANTIAL
PERFORMANCE
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PART 3:CONTRACT
PAYMENT AND .03 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a
SUBSTANTIAL payment certificate releasing to the Contractor the Statutory Holdback due in respect of Work
PERFORMANCE performed up to the date of Substantial Performance. Payment of such Statutory Holdback
STATUTORY shall be due 61 Days after the date of publication of the Certificate of Substantial Performance
HOLDBACK RELEASE but subject to the provisions of the Construction Act and the submission by the Contractor of
PAYMENT the following documents:
CERTIFICATES a) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance
Board;
b) proof of publication of the Certificate of Substantial Performance;
c) Three copies of an original signed and sealed release, on the form provided, or in a
form satisfactory to the Contract Administrator, by the Contractor releasing the
Owner from all further claims related to the Contract qualified by stated exceptions
such as outstanding work or matter arising out of subsection GC 3.13 Claims,
Negotiations, Mediation; and
d) Three copies of an original signed and notarized statutory declaration on the form
provided,or in a form satisfactory to the Contract Administrator, by the Contractor
indicating that all liabilities incurred by the Contractor and the Subcontractors in
carrying out the Contract have been discharged except for the statutory holdbacks
properly retained and guaranteed maintenance holdback properly retained.
GC 8.02.04.07 GC 8.02.04.07.02, is amended as follows:
COMPLETION .02 The Completion Statutory Holdback Release Payment Certificate shall be a payment
PAYMENT AND certificate releasing to the Contractor the further Statutory Holdback. Subject to any
COMPLETION outstanding liens and permissible set-offs and upon submission of the following:
STATUTORY a) Three copies of an original signed and sealed release,on the document provided, or
HOLDBACK RELEASE in a form satisfactory to the Contract Administrator, by the Contractor releasing the
PAYMENT Owner from all further claims related to the Contract qualified by stated exceptions
CERTIFICATES such as outstanding work or matters arising out of subsection GC 3.13 Claims,
Negotiations, Mediation;
b) Three copies of an original signed and notarized statutory declaration, on the form
provided, or in a form satisfactory to the Contract Administrator, by the Contractor
indicating that all liabilities incurred by the Contractor and the Subcontractors in
carrying out the Contract have been discharged except for the statutory holdbacks
properly retained and Guaranteed Maintenance Holdback properly retained; and
c) A satisfactory Certificate of Clearance from the Workplace Safety and Insurance
Board,
the Owner shall pay the remaining statutory holdback on the Work done, within 28 Days after
1
GC 8.02.05.07 the expiration of the 60-Day lien period.
GC 8.02.05.07.01 is amended as follows:
PAYMENT FOR HAND .01 Notwithstanding any other provision of this Section, no payment shall be made to the
TOOLS Contractor for or in respect of Hand Tools or equipment that are tools of the trade including
pick-up trucks and service vans.
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SCHEDULE 1: BIDDER'S WORKBOOK
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BIDDER'S
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WORKBOOK
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SCHEDULE 1: BIDDER'S WORKBOOK
BIDDER'S WORKBOOK
1. Introduction
The Bidder's Workbook sets out instructions relating to site visits, bid and contract security and includes
the Bid submission forms. Bidders must use the Offer Form and any other forms in this Bidder's Workbook
when preparing their Bid.
2. Site Visit Instructions TO BE DETERMINED
Site Visit Contact
In Person meeting
Virtual Site Visit ❑
I 1. Bidders must confirm their intent to participate in the Site Visit with the Municipality by emailing
the Site Visit Contact named in the above table.
2. Parties arc strongly advised to arrive 15 minutes early to complete registration process.
3. Safety shoes required.
3. Bid Security(must include with Bid)
Each Bid must be accompanied by bid security payable to The Corporation of the Municipality of
Kincardine in the amount of 10%of the Bidder's Total Bid Price.
Bid security must be in the form of a digital bid bond in an electronically verifiable and enforceable (e-
Bond) format submitted with the Bid forms. A scanned copy of a non-digital bond is not acceptable.The
I digital bid bond must be included with the Bid and must be accompanied by all instruction details
necessary for accessing the verification process. For information regarding digital bid bonds, bidders are
encouraged to contact their surety company and refer to the e-bonding information on Surety Association
of Canada's website.
If the Bid is the lowest priced compliant Bid, then Bidder's withdrawal of the Bid after the Submission
Deadline for any reason automatically entitles the Municipality to invoke the protections of the Bid
security notwithstanding the fact that the Bidder was not yet notified of its award of contract.
4. Contract Security: Labour/Material and Performance Bonds
Labour/Material and Performance Bonds are required for this project.
The Labour/Material and the Performance Bond must each be for 100% of the Total Bid Price and meet
the requirements of the Construction Act and OPS MUNI GC 6.04.
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SCHEDULE 1: BIDDER'S WORKBOOK
Bonds/contract security will be held until expiration of the Warranty Period in the Contract.The security
may be returned before this time has elapsed provided there is satisfactory evidence that all liabilities
incurred by the Contractor in carrying out the Work have been satisfied and that all liens have expired or
have been satisfied,discharged or provided for and that a clearance certificate from the Workplace Safety
Insurance Board (W.S.I.B.) is provided.
5. Agreement to Bond (include with Bid)
Each Bid must include a signed agreement to bond from the surety that will provide the contract security '
should the Bidder be selected as the successful Bidder. The consent or agreement to bond must confirm
that the surety or financial institution has approved to issue the required security to the Bidder should
the Bidder be selected as the successful Bidder and that the institution will provide the necessary bond or
security within not more than 10 days of being notified of the contract award.
6. Insurance Requirements
For the insurance required to be maintained, see the contract terms, OPSS MUNI 100, Section GC 6.0 -
INSURANCE, PROTECTION AND DAMAGE and the Supplemental General Conditions, for details. The cost
of insurance is included in the Total Bid Price.
7. Pre-contract Documentation
Bidders are advised that, if successful,they will be required to submit the following documents within 10 111
days of notification of award of contract:
• Schedule of Items and Prices—Detailed Breakdown (Provided with Bid Submission) 1
• Contract security
• Certificates of insurance evidencing the required insurance coverage
• WSIB certificate or exemption letter
• Details of their Health and Safety Program
8. Bid Submission Forms
The following Bid Submission Forms, which are included in the Bidder's Workbook, must be used in the
preparation of Bidder's Bid package:
FORM REQUIRED?
Offer Form YES
Reference Form YES
Schedule of Items and Prices YES
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IBID SUBMISSION FORMS
OFFER FORM
RFT NUMBER ES 2023-19322
Project Title: Mount Forest Avenue Reconstruction
Address/Location: Mount Forest Avenue,Kincardine ON
1
SUBMITTED ON BEHALF OF(Bidder to complete):
The full legal name of the Bidder: Omega Contractors Inc.
The jurisdiction under which the Bidder's Ontario
company was incorporated or otherwise
established:
Bidder Address: 4104 Breck Avenue, London, ON N6L 1B5
Bidder Contact Person (name,title): Chris Dixon, President
1 Telephone: 519-652-6188
Email: chrisd@omegacontractors.ca
1. Bidder's Offer
The Bidder offers to enter into the contract included in this RFT, to do all of the Work and to furnish all
necessary labour, machinery,tools, apparatus, and other means of construction, and to provide,furnish,
deliver and place all materials described, in strict accordance with the Scope of Work, including all plans,
specifications and supplemental specifications at the following Total Bid Price:
TOTAL BID PRICE,EXCLUSIVE OF HST: $1,097,171,88
1 [To be completed by Bidder]
The above Bid price is in Canadian funds and is all inclusive except as otherwise explicitly noted in the RFT.
For certainty, the firm Bid price includes, without limitation, all work, materials, equipment, labour and
applicable taxes in force at this date except the Harmonized Sales Tax. The HST will be chargeable and
shown on invoices.
2. Confirmation of Addenda
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THE BIDDER HAS REVIEWED THE
FOLLOWING NUMBER OF ADDENDA: 3
[To be completed by Bidder]
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BID SUBMISSION FORMS
Where BidsandTenders is used as the Tender Notice Platform and confirmation of addenda is requested on
the platform,the online confirmation of addenda shall apply.
3. Completed Attachments
The following attachments are included with the Bid: Bidder to check/confirm
1. References—completed Reference Form for 3 references I
2. Bid Security—Refer to Section 3 of the Bidder's Workbook X
3.Agreement to Bond for Performance& Labour and Materials Bond
4.Schedule of Items and Prices
4. Confirmation of Contract Completion Date I
By submitting this Offer Form,the Bidder confirms that completion of the contract,as defined by Ontario's
Construction Act,can be attained by the date set out below.
CONTRACT COMPLETION DATE: Refer to Section 3.1 in Scope of Work
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5. Contractor's Allocation of Work
The Municipality expects the Bidder will directly perform the majority of the Work rather than its 111
subcontractors. The Municipality may require a description of the allocation of Work to be performed by
the Contractor and its subcontractors during the pre-contract verification phase. Should it be determined
that the Bidder intends to subcontract the majority of the Work,the Municipality may reject the Bid.
6. List of Subcontractors
The following subcontractors are proposed—if not listed,the list must be delivered before contract execution: I
TRADE COMPANY NAME
(To be completed by Bidder) (To be completed by Bidder)
Concrete Autoform
Paving Lavis
Survey Englobe 1
7. Minimum Bidder Standards of Conduct
111
(a) No Public Statements, No Lobbying or No Improper Inducement or Influence.The Bidder must not
publish, issue or make any statements or news release, electronic or otherwise,concerning its Bid,
or any other Bid, the Bid process, or the award of the Contract, without the express prior written
consent of the Municipality. The Bidder must not engage in any form of political or other lobbying
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BID SUBMISSION FORMS
whatsoever with respect to this Bid process,or otherwise attempt to influence the outcome of the
process directly or indirectly by any manner whatsoever other than by submitting a Bid.
(b) No Collusion or Bid Rigging.The Bidder certifies that:
i. the prices in their Bid have been arrived at independently from those of any other bidders;
ii. the prices in their Bid have not been knowingly disclosed by the Bidder, and will not knowingly be
disclosed by the Bidder prior to award, directly or indirectly to any other bidder or competitor; and
iii. no attempt has been made,nor will be made,to induce any other person to submit,or not to submit
a Bid,for the purpose of restricting competition.
(c) Disqualification. A failure to respect the above requirements maylead to disqualification of the
p q q
Bidder from the process.
8. Certification: No Conflict of Interest or Unfair Advantage
The Municipality will reject a Bid if the Municipality determines there is an apparent, potential or actual
conflict of interest or unfair advantage that, in the Municipality's opinion, compromises the integrity of
the competitive process or is incompatible with the Bidder's impartial and unbiased performance of the
1 Work, whether or not captured by the questions in this form. The Municipality's determination on this
issue will be final. If there is any doubt, the Bidder is expected to ask the Municipality for an opinion on
whether a circumstance constitutes a disqualifying unfair advantage or conflict. A failure to do so is at
the Bidder's sole and exclusive risk.
The Bidder is required to certify that it does not have a conflict of interest or unfair advantage by
Ianswering yes or no to the following statements:
The Bidder has access to confidential information of the Municipality that is
Dyes X no
relevant to this RFT process and is not available to other Bidders.
The Bidder(including any employee or proposed team member) (a)was involved
in the development of any of the RFT document or (b) received advice from Dyes X no
someone involved in the development of any aspect of the RFT document.
The Bidder(including any employee or proposed team member) has previous or
current business or personal relationships with any of the Municipality's elected
officials, employees or representatives that could create an appearance of bias Dyes X no
or advantage in the Bid process or is incompatible with the impartial and
unbiased performance of the Work.
The Bidder (including any employee or proposed team member) has
commitments, relationships or financial interests that could be,or might appear Dyes no
to be, incompatible with the impartial and unbiased performance of the Work.
If the answer to any of the above questions is"yes", please set out the details below:
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BID SUBMISSION FORMS
<Insert details of potential conflict or unfair advantage in this form. Any potential conflict/ unfair I
advantage should be disclosed as soon as possible to avoid an unnecessary expenditure of time
preparing a Bid.>
9. Acknowledgement:Confidential Information and MFIPPA
The Municipality will use reasonable efforts to protect pricing, commercial terms and other sensitive and 1
confidential information provided by the Bidders and identified as being confidential information, but the
Municipality accepts no liability if such information is disclosed.
The Bidder acknowledges that its name and total contract value may be publicly disclosed and that the
Bid and any related information may be:
(a) disclosed to the Municipality's staff, advisors and consultants for the purposes of conducting the RFT
process;
(b) disclosed to the Municipality's elected officials for the purposes of oversight and decision-making;and
(c) subject to public disclosure in accordance with the Municipal Freedom of Information and Protection
of Privacy Act, RSO, 1990 or any other applicable information or privacy legislation.
10. Municipality's Reserved Rights
(a) Bidder Errors in Calculations. Wherever there are unit prices or subtotal prices used to calculate a
total or extended Bid price and the total or extended Bid price does not accord with the correct
calculation of the extended price or total price,the unit price and sub-total prices shall govern. The
calculation of the total or extended price shall be corrected by the Municipality and the corrected
extended or total prices will be used for evaluation and contracting purposes.
(b) Municipality's Rights and Privileges. Notwithstanding any other provisions of this RFT, the Bidder ,
accepts that the Municipality may exercise the rights below, in its discretion and without any
liability to any Bidder.
i. Amend the scope,schedule, or details of the RFT,or modify, cancel, amend, supplement, clarify or
suspend the whole or any part of this RFT at any time for any reason without any liability to Bidder.
ii. If only 1 Bid is received,the Municipality deems it is not in the public interest to award the Contract I
as there is no ability to ensure the Bid prices are competitive. In such cases, the Municipality
reserves the right to cancel the RFT process and to negotiate prices with the Bidder that submitted
the single Bid.
iii. Where the successful Bid is over budget, the Municipality may cancel the RFT process and, at the
Municipality's option, if deemed to be in the public interest, it may negotiate reductions in pricing
with the successful Bidder. Where the parties are unable to achieve acceptable price reductions,
either party may terminate negotiations without any liability to the other.
iv. Verify or clarify with any Bidder, or with a third party,any information contained in or submitted as
part of the Bid and reject a Bid that the Municipality discovers contains misleading or inaccurate
information.
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BID SUBMISSION FORMS
v. Disqualify any Bidder that engages in prohibited or illegal conduct,including any form of political or
other lobbying whatsoever with respect to this RFT,or otherwise attempt to influence the outcome
of the RFT process directly or indirectly by any manner whatsoever other than by submitting a Bid.
I vi. Reject a subcontractor proposed by a selected Bidder.
vii. Re-advertise for new Bids or enter into negotiations for the Work or for goods and services of a
similar nature following cancellation of this RFT for any reason.
viii. Require Bidders with a tied bids to submit a best and final offer ("BAFO") and select the lowest
priced bid following the BAFO process or, if Bids are still tied,to select the winning bidder based on
Ia coin toss.
11. Limitation of Municipality's Liability
Each Bidder, by submitting a Bid, irrevocably waives any claim, action or proceeding against the
Municipality, including without limitation claims for damages, expenses or costs including costs of
preparation of a Bid,cost of participation in the processes described in the RFT, loss of anticipated profits,
loss of opportunity, legal fees or for any other matter. For greater clarity and without limitation, each
Bidder specifically agrees that it will have absolutely no claim against the Municipality nor any
representative of the Municipality for any reason whatsoever and the Municipality shall have no liability
to the Bidder whether in contract,tort, equity or other principle of law, including without limitation if the
Municipality does not select a lowest priced Bidder; suspends, cancels or in any way modifies the
requirements,the RFT; or accepts any compliant or non-compliant Bid.
If, notwithstanding the above, a Bidder is determined by a court or administrative body of competent
jurisdiction to be entitled to compensation arising from this RFT or for the actions of the Municipality or
any representative, including without limitation any exercise the Municipality's sole discretion, Bidders
expressly acknowledge and agree by submitting a Bid that the total maximum compensation for, without
limitation,any and all direct and indirect damages,economic losses,profits,opportunities,expenses,costs
or other losses,whether or not foreseeable,either individually or cumulatively, is limited to one thousand
dollars($1,000.00).
12. Governing Law
This RFT shall be interpreted and construed in accordance with laws of Ontario and applicable laws of
Canada. If any provision of this RFT is in conflict with any statute or legal principle or is determined by a
court of competent jurisdiction to be illegal or unenforceable, then such provision will be automatically
amended only as needed to remove the conflict, illegality or unenforceability. All of the other provisions
of the RFT will remain as they are and in full force and effect.
13. Bid Irrevocability
The Bidder agrees that its Bid is an irrevocable offer which is firm in effect and open for acceptance for 60
calendar days (the "Irrevocability Period") from the Submission Deadline. If the Municipality deems it
necessary to extend the Irrevocability Period,the Bidder agrees to extend the Irrevocability Period, unless
the Bidder revokes i', Bid in writing within 5 calendar days of notice of such extension by the Municipality.
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BID SUBMISSION FORMS
14. If Council Approval Required
Where a contract award requires approval of Council pursuant to the Municipality's Procurement Policy,
the contract is not considered awarded, and is not binding on the Municipality, unless and until Council
approval is obtained. I
ON BEHALF OF BIDDER,THE FOLLOWING DULY AUTHORIZED SIGNATORY CONFIRMS THIS OFFER AND
ACKNOWLEDGES ITS ACCEPTANCE THE TERMS OF THE RFT PROCESS: I
Signature: Signed and Sealed I
Name: Chris Dixon
Title: President
Date: November 24, 2023 1
This form may be executed by hand-written or electronic signature.
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' BID SUBMISSION FORMS
' REFERENCE FORM
Three references must be provided.The selected Bidder's references will be contacted and asked to verify
the information on the form and to answer the following two questions:
(a) Overall,did the Bidder generally meet the organization's expectations and requirements?
(b) Would you work with this Bidder again in this capacity?
To"pass"the reference check,the Bidder's references must list projects that are reasonably similar to the
RFT project in nature and scope, and the reference contact person must confirm the accuracy of the
information provided by the Bidder in the Reference Form and provide a positive response to questions
above.
If a reference cannot be reached within a reasonable time or is unable or unwilling to provide a reference
' for any reason,the Bidder will be given one opportunity to provide an alternate reference. If the alternate
reference can not be reached within a reasonable period of time or is also unwilling or unable to provide
a reference,the selected Bidder will fail the reference check.
iReference Organization name: Town of Hanover
Reference Contact person: Ron Cooper
Address: 341 10th St., Hanover, ON
Email:' rcooper@hanover.ca Phone number: 519-364-2780 ext. 1229
Engagement title:
Description of Project (project size, Reconstruction, $2,311 ,000.00
completion date, role of Bidder): Completion 2023, Bidder was General
iSimilarity of reference project to project New piping, extension
described in RFT.
Location: 11th Street, Hanover
' Reference Organization name: B. M. Ross and Associates Limited
Reference Contact person: Ryan Riehl
Address: Goderich, ON
Email: rriehl@bmross.net
Phone number: 519-524-2641
Engagement title: Engineer
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BID SUBMISSION FORMS ,
Victoria. Wheeler Street Reconstruction
Description of Project (project size, Reconstruction, new pipes$902,807.00 I
completion date, role of Bidder): Completion 2023, Bidder was General
Similarity of reference project to project Reconstruction, new pipes I
described in RFT.
Location: Victoria and Wheeler St, Lucknow
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Reference Organization name: Municipality of Strathroy-Caradoc
Reference Contact person: Jake Straus
Address: 52 Frank Street, Strathroy, ON
Email: jstraus@strathroy-caradoc.ca
Phone number: 519-524-1105 ext. 247
Engagement title: Director of Engineering and Public Works
Description of Project (project size, Queen Street Reconstruction $4,429,295.00
completion date, role of Bidder): Completion 2023, Bidder was General
Similarity of reference project to project Reconstruction, new piping, dealing with public
described in RFT. I
Location: Queen Street, Strathroy
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ITHE AFORESAID SUM IS MADE UP AS FOLLOWS:
ISCHEDULE OF ITEMS AND PRICES
TO BE COMPLETED AND INCLUDED WITH SUBMISSION
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Item Spec. # Description Qty. / Unit Price Amount
IPART 1 - ROAD RECONSTRUCTION FROM QUEEN STREET TO STA. 1+098
ROADWORK
I1 201, SP Clearing (trees all sizes) 8 Ea. 550.00 4,400.00
I2 201, SP Grubbing(stumps all sizes) 15 Ea. 133.00 1,995.00
3 206, SP Earth excavation
Ia) Salt impacted soil (all other concentrations 1000 m3 26.19 26,190.00
below Table 1 ESQS)
Ib) Soils above Table 1 ESQS and Table 2.1 50 t 71.47 3,573.50
(Provisional)
Ic) Place and compact fill 50 m3 31.50 1,575.00
I 4 501, 506, Dust suppressants and compaction
SP
a) Water 85 m3 20.00 1,700.00
Ib) Calcium chloride solid 1.4 t 2,285.90 3,200.26
I 5 314, 351, Granular A 900 t 23.90 21,510.00
SP
I6 314, SP Granular B Type II 1700 t 19.01 32,317.00
7 310, 311, Hot Mix Asphalt
ISP
a) Hot Mix HL-3 (Queen Street) 40 t 316.33 12,653.20
Ib) Hot Mix HL-8 160 t 218.00 34,880.00
c) Hot Mix HL-8 (Queen Street) 40 t 266.53 10,661.20
Id) Hot Mix Miscellaneous (50mm) 140 m2 70.63 9.888.20
e) Hot Mix Miscellaneous (100mm) 30 m2 170.76 5,122.80
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Item Spec. # Description Qty. / Un
it Price Amount
8 301, SP Restoring roadway surfaces (Queen Street) 243 m2 53.18 12,922.74 I
9 510, SP Removal of bituminous pavement
(outside excavation)
a) Driveways and boulevards 203 m2 5.66 1,148.98
b) Queen Street Intersection 243 m2 5.37 1,304.91 I
c) Mount Forest Ave Exist Road 90 m2 5.43 488.70
10 N/A
11 408, SP
Adjust existingmaintenance holes and 2 Ea. 702.53 1,405.06 I
catch basins
12 407, SP Supply maintenance hole covers and/or I
catch basin frame and grates
a) Maintenance Hole Grates (401.010A) 1 Ea. 781.76 781.76
b) Catch Basin Grates (400.110) 1 Ea. 809.96 809.96 I
13 510, SP Removal of existing maintenance holes
and catch basins
a) Catch basins 1 Ea. 826.80 826.80
14 510, SP Removal of concrete curb and gutter 78 m 8.52 664.56 I
15 353, SP Concrete curb and gutter systems 270 m 83.41 22,520.70 I
(all types)
16 510, SP Removal of concrete sidewalk and 75 m2 9.43 707.25 I
drives
17 351, SP Place concrete sidewalk and drives I
a) Sidewalks (125 mm) 200 m2 88.84 17,768.00
b) Sidewalks (150mm) 20 m2 92.84 1,856.80 111
18 351, SP Supply and install detectable warning
surfaces for pedestrian crossing I
a) 0.6 x 0.6 4 Ea. 230.00 920.00
19 802, SP Topsoil (imported) 800 m2 12.85 10,280.00 I
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T-3
IItem Spec. Description# Descri tion Qty. / Unit Price Amount
I20 N/A
I 21 803, SP Sodding
a) Nursery, unstaked 740 m2 13.00 9,620.00
b) Nursery, staked 60 m2 15.00 900.00
I
22 N/A
I23 355, 510, Remove and relay precast concrete
SP unit pavers
Ia) Remove 5 m2 36.14 180.70
24 SP Modular concrete block retaining wall 62 m 746.92 46,309.04
I
25 SP Supply and installgalvanized hand railings 62 m 522.00 32 4 pp y g ,36 .00
I26 SP Relocate Canada Post mailbox 1 L.S. 1,164.65
I 27 314, 351, Supply and install concrete slab for 1 L.S. 500.00
SP Canada Post community mailbox
I28 710, SP Pavement Markings
a) Permanent pavement markings
Ii) White solid(10cm) 20 m 3.00 60.00
ii) Stop bars (60cm) 10 m 20.00 200.00
I29 SP Construct temporary access to Family 1 L.S. 12,559.90
Health Team Way
I30 SP Excavate for and relocate existing utility
conduit or vaults to 0.6m below the new
I boulevard grades(Provisional)
a) Conduit 130 m 46.14 5,998.20
Ib) Vaults 4 Ea. 374.90 1,499.60
31 SP Remove and reinstall existing signs 1 L.S. 1,333.08
Iat temporary and permanent locations
Sub-Total Roadwork-- 3.56,761.55
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T-4
Item Spec. # Description Qty.
/ Unit Price Amount
STORM SEWERS I
32 401, 409, Supply, excavate for and place storm
410, 492, pipe sewers including bedding, and
517, SP native backfill and restoration
a) 300 mm HDPE or equivalent 68 m 284.85 19,369.80 III
b) 375mm HDPE or equivalent 62 m 283.87 17,599.94
c) 525mm HDPE or equivalent 57 m 482.86 27,523.02 I
including restoration
d) Connect to existing sewers 1 Ea. 3,121.94 3,121.94
e) Mandrel Deflection Testing 187 m 13.64 2,550.68
f) Break into and connect to existing CSP 1 Ea. 2,249.40 2,249.40 I
culvert(Provisional)
g) Break into and connect to existing 1 Ea. 2,249.40 2,249.40 I
concrete culvert(Provisional)
h) 300mm cap 1 Ea. 364.27 364.27 I
33 402, 407, Supply, excavate for, place and
517, SP backfill catch basins and/or twin inlet I
catch basins, including frames and grates
a) 600 mm x 600 mm (OPSD 705.010) 4 Ea. 3,639.08 14,556.32 I
34 402, 407, Supply, excavate for,place and
517, SP backfill precast maintenance holes
and maintenance hole catch basins
including frames and grates
a) 1200 mm maintenance hole (701.010) 4 Ea. 7,115.19 28,460.76 I
35 405, SP Supply and place 150 mm filter wrapped
perforated subdrain including excavation
a) Installed in road bed 265 m 26.50 7,022.50
b) Installed in trench bottom (OPSD 809.010) 50 m 26.50 1,325.00 I
at MH locations including end cap
36 401, 410, Installation of 150mm storm services 9 m 634.43 5,709.87 I
492, 517,
SP I
1
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T-5
IItem Spec. # DescriptionQty./ Unit Price Amount
I37 401, 410, Storm sewer service cleanout 2 Ea. 599.82 1,199.64
SP
I38 510, SP Remove existing storm sewer(Provisional) 30 m 61.98 1,859.40
II
Sub-Total Storm Sewers -- 135,161.94
SANITARY SEWERS
I39 401, 409, Supply, excavate for and place sanitary
410, 517, sewer pipe including bedding and
ISP native backfill
a) 200 mm PVC SDR-35 18 m 517.47 9,314.46
Ib) 450 mm PVC SDR-35 110 m 634.90 69,839.00
c) Connect to existing sewers 2 Ea. 6,744.47 13,488.94
Id) Mandrel Deflection Testing 128 m 13.86 1,774.08
e) 200mm cap 1 Ea. 82.35 82.35
I40 402, 407, Supply, excavate for,place and
517, SP backfill precast maintenance holes
Iincluding benching, frame and cover
a) 1200 mm maintenance hole (701.010) 2 Ea. 21,431.05 42,862.10
I c/w external drop structure
b) 1200 mm maintenance hole (701.010) 1 Ea. 25,069.27 25,069.27
c/w external drop structure & safety landing
I
41 401, 409, Supply, excavate for and place
I 410, 492, PVC SDR-28 sanitary service pipe
517, SP including bedding, native backfill
and restoration beyond the general
I grading operations
a) 150 mm dia. 12 m 1,104.52 13,254.24
Ib) Controlled settlement joints 2 Ea. 197.19 394.38
42 410, SP Sanitary sewer service cleanout 2 Ea. 599.82 1,199.64
1 43 510, SP Remove existing sanitary sewer (Provisional) l0 in 170.42 1,704.20
ISub-Total Sanitary Sewers -- ?78,982.66
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T-6
Item Spec. # Description Qty.
/ Unit Price Amount 1
WATERMAINS I
44 401, 492, Supply, excavate for, place watermain
441, 442, including bedding, native backfill and
517, SP restoration beyond the general grading
operations
I
a) 150 mm PVC DR18 15 m 350.25 5,253.75
45 492, 441, Supply, excavate for, place and I
517, SP backfill ductile iron fittings, including
cathodic protection, mechanical thrust
restraints, thrust blocking or anchoring
a) 150 mm dia. gate valves 2 Ea. 1,751.79 3,503.58
b) 150 x 150 x 150 mm tees 1 Ea. 653.54 653.54 I
c) 150 mm Cap, tapped to 50 mm 1 Ea. 251.35 251.35 2
d) 50 mm blowoff assembly, complete 1 Ea. 1,081.30 1,081.30 II
e) Connect to existing watermain 2 Ea. 5,265.78 10,531.56 111
0 Hydrant extensions (Provisional)
i) 150mm extension 1 Ea. 1,055.60 1,055.60 I
ii) 300mm extension 1 Ea. 1,159.63 1,159.63
46 441, SP Swabbing, hydrostatic pressure testing, 1 L.S. 5,941.41 I
disinfection, and flushing of watermains
Sub-Total Watermains -- 29,431.72
Total Part 1 -Road Reconstruction -- 700,337.87 I
PART 2 - ROAD EXTENSION Sta. 1+098 TO STA. 1+130
ROADWORK Sta. 1+098 to Sta. 1+120 I
1 201, SP Clearing (trees all sizes)
a) Area from Sta. 1+123 - Sta. 1+230 85 m2 23.00 1,955.00
2 201, SP Grubbing(stumps all sizes) I
a) Indiy idual (as marked on the drawir,srs) 3 Ea. 550.00 1,650.00
b) Area from Sta. 1+123 - Sta. 1+230 8D m` 9.00 765.00
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T-7
1 Item Spec. Description# Qty. / Unit Price Amount
1 3 206, SP Earth excavation
a) Salt impacted soil(all other concentrations 100 m3 26.26 2,626.00
I
below Table 1 ESQS)
b) Soils above Table 1 ESQS and Table 2.1 10 m3 71.47 714.70
I
(Provisional)
c) Place and compact fill 50 m3 31.50 1,575.00
I
d) Strip topsoil 500 m2 8.20 4,100.00
4 501, 506, Dust suppressants and compaction
ISP
a) Water 13 m3 20.00 260.00
Ib) Calcium chloride solid 0.2 t 2,285.90 457.18
5 314, 351, Granular A 150 t 23.90 3,585.00
ISP
1 6 314, SP Granular B Type II 260 t 19.01 4,942.60
7 310, 311, Hot Mix Asphalt
ISP
a) Hot Mix HL-8 35 t 269.27 9,424.45
1 8-14 N/A
15 353, SP Concrete curb and gutter systems 50 m 83.41 4,170.50
I
(all types)
16 N/A
I
17 351, SP Place concrete sidewalk and drives
I
a) Sidewalks (125 mm) 40 m2 88.84 3,553.60
18-19 N/A
1 20 802, SP Topsoil (from stockpile) 200 m2 11.25 2,250.00
111
21 N/A
22 804, SP Seed and cover including bonded 200 m2 7.50 1,500.00
I
fibre matrix
I
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T-8
# Description Qty. / Unit Price Amount '
Item Spec.
23-31 N/A
Sub-Total Roadwork-- 43,529.03 1
STORM SEWERS
32 405, SP Supply and place 150 mm filter wrapped I
perforated subdrain including excavation
a) Installed in road bed 50 m 26.50 1,325.00 I
b) Installed in trench bottom (OPSD 809.010) 6 m 26.50 159.00
at MH locations including end cap I
33-38 N/A
Sub-Total Storm Sewers -- 1,484.00 I
SANITARY SEWERS Sta. 1+098 to Sta. 1+130 111
39 401, 409, Supply, excavate for and place sanitary
410, 517, sewer pipe including bedding and I
SP native backfill
a) 450 mm PVC SDR-35 33 m 634.90 20,951.70 ii
b) Mandrel Deflection Testing 33 m 14.00 462.00 111
c) 450mm Cap 1 Ea. 852.53 852.53 I
40 402, 407, Supply, excavate for,place and
517, SP backfill precast maintenance holes
including benching, frame and cover
a) 1200 mm maintenance hole (701.010) 1 Ea. 27,280.30 27,280.30 I
c/w external drop structure& safety landing
41 401, 409, Supply, excavate for and place PVC SDR-28 I
410, 492, sanitary service pipe including bedding,
517, SP native backfill and restoration
beyond the general grading operations
a) 125 mm dia. 6 m 1,088.13 6,528.78
b) Controlled settlement joints 1 Ea. 249.24 249.24 I
12 410, SP Sanitary sc,,Lr service cleanout 1 Ea. 599.39 599.39
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T-9
IItem Spec. Description# Descri tion Qty./ Unit Price Amount
I43 N/A
ISub-Total Sanitary Sewers -- 56,923.94
WATERMAINS Sta. 1+098 to Sta. 1+130
I44 401, 492, Supply, excavate for,place watermain
441, 442, including bedding, native backfill and
I517, SP restoration beyond the general grading
operations
Ia) 150 mm PVC DR18 23 m 305.06 7,016.38
45 492, 441, Supply, excavate for, place and
I 517, SP backfill ductile iron fittings, including
cathodic protection, mechanical thrust
restraints, thrust blocking or anchoring
Ia) 150 mm dia. gate valves 1 Ea. 1,751.79 1,751.79
b) 150 mm 45°bends 2 Ea. 441.92 883.84
Ic) 150 mm Cap, tapped to 50 mm 1 Ea. 324.29 324.29
Id) 50 mm blowoff assembly, complete 1 Ea. 1,081.30 1,081.30
e) Connect to existing watermain 1 Ea. 6,955.99 6,955.99
If) Remove& salvage existing blowoff assembly 1 Ea. 1,239.60 1,239.60
I 46 441, SP Swabbing, hydrostatic pressure 1 L.S. 5,941.41
testing, disinfection, and flushing
of watermains
ISub-Total Watermains -- 25,194.60
IIITotal Part 2 -Road Extension -- 127,131.57
IPROVISIONAL ITEMS -Inclusive to Parts 1 & 2
I 47 206, 401, Additional trench excavation in 100 m3 17.72 1,772.00
SP proposed trench bottom where
unsuitable soils are encountered
Iincluding removal from site
I
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T-10
Qty.Spec. # Description cri / Unit Price Amount '
s p
48 314, 401, Supply and place approved imported 50 t 21.39 1,069.50 I
SP granular material in sewer trenches
where native material is unsuitable,
including removal of a similar amount
of unsuitable material
49 314, SP Supply and place imported granular 50 t 21.90 1,095.00 I
bedding where conditions warrant
and as directedI
50 314, SP Unshrinkable backfill 2 m3 646.00 1,292.00 1
51 410, 491, Reconnect existing drains and 30 m 63.40 1,902.00
SP services (up to 250 mm dia.) I
52 SP Support hydro pole 1 L.S. 6,000.00
53 SP Supply, excavate for and place 1 Ea. 2,088.59 2,088.59
concrete encasement
1
54 805, SP Erosion control
a) Erosion control blanket 50 m2 32.36 1,618.00
b) Heavy duty silt barrier fence 20 m2 33.18 663.60
(OPSD 219.130)
55 SP Remove existing chain link fence 20 m 61.98 1,239.60
Total Provisional Items (Parts 1 &2) -- 18,740.29 1
MISCELLANEOUS ITEMS - Inclusive to Parts 1 & 2 I
56 706, SP Temporary Conditions
a) Traffic control 1 L.S. 19,275.76 I
b) Pedestrian safety 1 L.S. 3,802.96
c) Automated flagger assistance device 1 L.S. 6,000.00 I
d) Portable variable message signs l L.S. 4,800.00
57 SP Construction survey
a) Pre-co 'ruction survey 1 L.S. 4,165.15
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T-11
Item Spec. Description# Descri tion Qty./ Unit Price Amount
Ib) Post construction report 1 Ea. 2,050.00 2,050.00
58 SP Bonding and insurance 1 L.S. 14,246.76
59 SP Contingencies 1 L.S. 100,000.00
I
60 SP Lump sum to cover all other 1 L.S. 21,187.92
requirements of the contract not
specifically covered by or related
to the preceding items
I61 SP Supply and install dead-end sign and road 1 L.S. 3,000.00
barricade
Total Miscellaneous Items (Parts 1 & 2) -- 178,528.55
PART 3 - SURFACE COURSE PAVING -RECONSTRUCTION (2025)
ROADWORK(Queen Street to Sta. 1+098)
I1-6 N/A
I 7 310, 311, Hot Mix Asphalt
SP
a) Hot Mix HL-3 130 t 260.43 33,855.90
b) Tack coat 1300 m2 2.00 2,600.00
8-9 N/A
10 SP Water valve lifters 3 Ea. 266.62 799.86
I11-27 N/A
1 28 710, SP Pavement Markings
a) Permanent pavement markings
Ii) White solid(10cm) 20 m 3.00 60.00
ii) Stop bars (60cm) 10 m 20.00 200.00
I29-55 N/A
ITotal Part 3 - Surface Course Paving - Reconstruction (2025) -- 37,515.76
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T-12
Item Spec. # Description Qty. / Un
it Price Amount '
PART 4 - SURFACE COURSE PAVING - EXTENSION (2025) III
ROADWORK(Sta. 1+098 to Sta. 1+120)
1-6 N/A
7 310, 311, Hot Mix Asphalt
SP
a) Hot Mix HL-3 35 t 256.00 8,960.00
b) Tack coat 200 m2 2.00 400.00 I
8-9 N/A '
10 SP Water valve lifters 1 Ea. 266.62 266.62
11-55 N/A
Total Part 4 - Surface Course Paving - Extension (2025) -- 9,626.62 I
MISCELLANEOUS ITEMS - Inclusive to Parts 3 & 4 (2025)
56 706, SP Temporary Conditions
a) Traffic Control 1 L.S. 3,218.81 I
b) Pedestrian Safety 1 L.S. 3,218.81
57 N/A I
58 SP Bonding and insurance 1 L.S. 5,028.25 I
59 N/A I
60 SP Lump sum to cover all other 1 L.S. 6,387.95
requirements of the contract not
specifically covered by or related 111
to the preceding items
61 N/A I
Total Miscellaneous Items (Parts 3 & 4) (2025) -- 17,853.82
I
T-13
Item Spec. # DescriptionQty./ Unit Price Amount
IPART 5 - COMMUNICATIONS SERVICING (Provisional)
I 62 106, 492, Excavate for and backfill Bruce Telecom
603, SP ductbank(conduit supplied by Bruce Telecom)
I a) Bruce Telecom ductbank installation 85 m 51.04 4,338.40
b) Bruce Telecom ductbank installation 10 m 185.94 1,859.40
(road crossing)
Ic) Excavate for and place Bruce Telecom 2 Ea. 619.80 1,239.60
supplied vaults
ITotal Part 5 -Communications Servicing (Provisional) -- 7,437.40
ISUMMARY
ITotal Part 1 - Road Reconstruction -- 700,337.87
Total Part 2 - Road Extension -- 127,131.57
ITotal Provisional Items (Parts 1 & 2) -- 18,740.29
Total Miscellaneous Items (Parts 1 & 2) -- 178,528.55
ITotal Part 3 - Surface Course Paving -Reconstruction (2025) -- 37,515.76
ITotal Part 4 - Surface Course Paving -Extension (2025) -- 9,626.62
Total Miscellaneous Items (Parts 3 & 4) (2025) -- 17,853.82
ITotal Part 5 - Communications Servicing (Provisional) -- 7,437.40
SUB-TOTAL 1,097,171.88
I13% HST 142,632.34
TOTAL TENDER 1,239,804.22
I
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