RFT 2024-005 - Roadside Grass Mowing

1 The Corporation of the Township of Perry RFT 2024-005 Roadside Grass Mowing Tender For: Roadside Grass Mowing Location: Township of Perry Quotation Closing: Thursday, April 18, 2024 at 12:00 p.m. Quotation Opening: Thursday, April 18, 2024 at 12:30 p.m. Sealed Quotations clearly marked Tender 2024-005 Road Side Grass Mowing will be received at the Township Office to the Attention of Kim Seguin, Treasurer The Corporation of the Township of Perry Box 70, 1695 Emsdale Road Emsdale, ON P0A 1J0 Lowest or any Tender not necessarily accepted 2 TENDER 2024-005 The undersigned hereby Tenders to perform or supply the work covered by this Tender. 1. DEFINITIONS In this Tender, as well as in all specifications, the following definitions shall apply unless otherwise indicated: (a) “Township” means the Township of Perry; (b) “Tenderer” means the individual, firm, company, or corporation submitting a Tender to the Township; (c) “Work” means any of the under noted or any combination thereof: Supply

or provision of articles or materials; Supply of Labour; Performance of functions or tasks; Provision of services; Equipment operated or not operated; or Construction or repairs as specified; (d) “Treasurer” shall mean the Treasurer of the Township of Perry. 2. SCOPE OF WORK The Township of Perry is requesting submissions from interested parties for a machine and operator to conduct Roadside Grass cutting adjacent to municipal roadways. The specifications for cutting are as set out in Schedule “A”. 3. WORK LOCATION As specified in Schedule “B”. 4. EQUIPMENT All vehicles and equipment shall be maintained in good running order for duration time. The successful contractor must keep the Working Road Supervisor or his designate informed if equipment will be out of commission for any length of time, thereby delaying the time to complete the job at hand. No claim, demand or legal proceedings are to be brought against the Township in respect of damage to vehicles and equipment. 5. MEASUREMENT FOR PAYMENT Charges of equipment and operator shall not commence until the Contractor has received work instructions from the Township Working Road Supervisor or his designate. 6. INQUIRIES All inquiries concerning the RFQ, prior to closing, shall be directed in writing to the official point of contact: Kim Seguin at kim.seguin@townshipofperry.ca. 3 7. BASIS FOR ACCEPTANCE OF TENDER SUBMISSIONS The form as supplied for this Tender must be used and will be received by the Treasurer or their duly authorized representative until 12:00 p.m. local time on Thursday, April 18, 2024. Submissions received after closing time will not be considered. Tenders are to be placed in a sealed envelope clearly marked with the label sheet provided at the end of this document. a. The Tender must be legible and prepared in ink or by typewriter. Any erasures or overwriting of prices must be initialed. b. The bid must not be restricted by a statement added to the Tender Form, a covering letter, or alterations to the Tender Form provided by the Township. c. A Bidder desiring to make adjustments to a bid must withdraw the bid and supersede it with a later bid submission. d. All bids shall be irrevocable after the due date and are to remain open to acceptance for a period of ninety (90) days or until a contract is signed with the successful Bidder(s), whichever occurs first. e. All expenses involved with the preparation and submission of bids to the Township or any work performed in connection therewith shall be borne by the Bidder. f. The Township expects that all costs to complete the work shall be included in the bid. Additional costs identified during completion of the project must be submitted in writing and approved by the Township prior to completion of the work. 8. WORKPLACE SAFETY AND INSURANCE BOARD Successful Bidder shall provide the Township with a current copy of their WSIB Clearance Certificate or Independent Operator Status within five (5) calendar days of receiving the Acceptance Notice. It is the successful Bidder’s responsibility to provide and maintain current clearance certificates to the Township for the duration of the project. 9. HEALTH AND SAFETY All work performed under this contract must be carried out in accordance with the terms and conditions of the Occupational Health and Safety Act and the Township of Perry Health & Safety Guidelines. The Township of Perry maintains that all Contractors and Sub- Contractors must adhere to the following health & safety practices; a. Demonstrate the establishment and maintenance of a health and safety program, with objectives and standards and will provide qualified workers and meet all applicable legislation as well as Township of Perry health and safety policy and procedures. b. Are held accountable for their health and safety performance. c. Ensure the workers in their employ are aware of the hazardous substances that may be in use at the workplace and wear the appropriate personal protective equipment required for the area. 4 10. AWARD The Township reserves the right to accept or reject any or all quotation(s)/bid (s), to negotiate with the successful Bidder(s), split the award or to waive irregularities and omissions, if in so doing the best interests of the Township will be served. No liability shall accrue to the Township for its decision in this regard. Any bid or any part of any bid will not necessarily be accepted. The lowest bid does not necessarily constitute an award. The Township is not obligated to award a contract to any Bidder pursuant to this Request for Tender. 11. LAWS AND REGULATIONS The successful Bidder shall comply with the relevant federal, provincial and municipal statutes, regulations and by-laws pertaining to the work and its performance. The successful Bidder shall be responsible for ensuring similar compliance by its suppliers and sub- contractors (if applicable). The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 12. SUB-CONTRACTORS The successful Contractor shall not assign or sub-let the Contract or any part thereof or any benefit of interest therein, or there under, without the prior written consent of the Township of Perry. The awarded Contractor shall be held as fully responsible to the Township for the acts and omissions of its sub- contractors and of persons directly or indirectly employed by it as for the acts and omissions of persons directly employed by it. 13. SCHEDULE OF ITEMS AND PRICES Prices shall be submitted in Canadian funds with the Harmonized Sales Tax (HST), if applicable, shown separately on invoice. Please note any other pricing options available on quotation form. The schedule of items and prices is set out on Schedule “C” attached. 14. NO ALTERATIONS/VARIATIONS No alterations or variations of the terms of the Tender shall be valid or binding upon the Township unless authorized in writing by the Treasurer or his/her designate. 15. CONTRACT GUARANTEE The Tenderer hereby agrees on acceptance: (a) To perform this contract in accordance with the terms hereof; (b) To save the Township, its agents or employees, harmless from liability of any kind for the use of any composition, secret process, invention, article or appliance furnished or used in the performance of the contract of which the Tenderer is not the patentee, assignee or licensee; (c) To furnish adequate protection from damage for all work, to repair damage of any kind, for which he/she or his/her workmen are responsible, to the premises or equipment, to 5 his/her own work or the work of other persons; (d) To pay at his/her own expense for all permits, licenses and fees and to comply with all By-Laws and regulations of the Township and other lawfully constituted authorities and with all relevant statutes or regulations. (f) To deliver a certified copy of the Firm’s Public Liability and Property Damage Insurance Policy for the works, within five (5) calendar days of receiving the Acceptance Notice. Coverage shall be at least two-million ($2,000,000) dollars per accident in the name of the Township. Failure to provide such proof shall result in cancellation of the Contract and forfeiture of the Tender deposit. 16. PAYMENT Where there is a question of non-performance involved, payment in whole or in part against which to charge back any adjustment required will be withheld. No money shall become due or be payable under this contract unless and until a certificate thereof shall have been signed by the said Township Working Road Supervisor or his designate. The possession of which is hereby made a condition precedent to the right of the Tenderer to be paid or to maintain any action for such money or for any part thereof. 17. QUANTITIES Where quantities are set out in the Schedule “B” which forms part of the contract documents, it is pointed out that these quantities are approximate only and are given as a basis for comparing Tenders only. Payment will be based on the final quantities. In the case of an error in extending the unit price, the unit price shall be used to determine the corrected Tender price. The prices Tendered by the Tenderer shall include all costs incurred as a result of carrying out the work under local conditions. 18. CANCELLATION OR DELETION The Township reserves the right to reject any or all Tenders and the lowest or the highest, as the case may be, will not necessarily be accepted. The Township reserves the right to cancel or delete any portion of the work outlined and the Tenderer agrees to such cancellation or deletion without claim whatsoever because of such cancellation or deletion. The Township in its uncontrolled and unfettered discretion may declare a specific work not within the intent of this contract because of scope or quantity and reserves the right to call and let a separate Tender for a similar work covered hereby and the Tenderer acknowledges such right and waives any claim for the Township exercise thereof in good faith. In the event of strikes, accidents or unexpected events causing stoppage of work, the Township reserves the right to suspend the contract. 6 19. WITHDRAWAL OF OFFER The Tenderer who has submitted an offer may request that his/her offer be withdrawn. The withdrawal shall be allowed if the request is made before the closing time for the receipt of offers. Withdrawal requests must be directed to the Treasurer by letter, e-mail or in person. Telephone requests will not be considered. When withdrawals are made in person, the Treasurer shall obtain a signed withdrawal form confirming the details of the withdrawal. Offers confirmed as withdrawn prior to being placed in the Tender box shall be returned unopened to the Tenderer. Withdrawal notices received after the offer has been deposited shall, together with the confirmation or withdrawal, be placed in the Tender Box. These Tenders will be dealt with at the opening of offers by announcing that the offer has been withdrawn. The Tender amounts in a withdrawn offer shall not be read. The withdrawal of an offer does not disqualify a Tenderer from submitting another offer. 20. HOLD HARMLESS The Tenderer upon acceptance hereby agrees: To indemnify and keep indemnified and save harmless the Township and each of its officers, servants and agents from and against all actions, suits, claims, executions, and demands which may be brought against or made upon the Township, its officers, servants and agents, from all loss, costs, charges, damages, liens and expenses which may be paid, sustained or incurred by the Township, its officers, servants and agents by reason of, or on account of, or in consequence of its acceptance of this Tender or of the performance thereof. To pay the Township and to such officer, servant or agent thereof, on demand, any loss, costs, damages or expenses which may be paid, sustained or incurred by the Township or any of its officers, servants or agents in consequence of any such action, suit, claim, lien execution or demand, and any monies paid and payable by the Township or any of its officers, servants or agents, in settlement or in discharge or such payment all account thereof, and that in default of such payment all such loss, costs, damages and expenses, and any monies paid or payable by the Township, its officers, servants or agents, and any monies payable by the Tenderer under any of the terms and conditions of this Tender may be deducted from any monies of the Tenderer than remaining in the possession of the Municipal account of this or any other contract, or may be recovered from the Tenderer, the surety or sureties named in the bond hereto attached in any court of competent jurisdiction as monies paid at their request or under any letter of credit. The Tenderer hereby authorizes and empowers the Township or its solicitor for the time being, to defend, settle or compromise any of such actions, suits, claims, liens, executions or demands as the Township or its said solicitor may deem expedient and also hereby agrees to ratify and confirm all acts of the Township or its solicitor in that behalf, and to pay to the said settling, or compromising any such actions, suits, claims, liens, executions or demands as the Township may deem it expedient to defend, settle or compromise, and that in default of such payment, the same may be deducted from any monies payable by the Township to the Tenderer on any account whatever. 7 SCHEDULE “A” TO TENDER 2024-005 General Conditions and Specifications for Roadside Mowing are set out below: “First Cut” All designated roadsides are to be cut approximately 5 to 6-foot swath wide (on both sides of the traveled portion of the roadway). The first cutting must commence within 14 days of written notice by the Working Road Supervisor. The successful Contractor shall give personal attention to see that completion of the work done, and that there be no damage to roadside signage. The Corporation will accept applications for progress payments. Progress payments shall be subject to approval of the Working Road Supervisor shall be considered final and will not be subject to appeal. If the successful contractor fails to commence work or neglects to proceed at a rate of progress satisfactory to the Corporation’s Working Road Supervisor, the Contract may become null and void and the Township shall have the right to then employ such means as required to complete the Contract. In such a case the Contractor shall forfeit any claim, entitlement or right to payment for work not done or performed. The Contractor shall not employ for purposes of fulfilling its obligations under the contract to be signed, any person or sub-contactor not skilled in the work to be assigned to them. Neither the Corporation nor the Contractor shall assign to a third party the work to be performed under this contact without the written consent of the other. Motorized equipment used by the successful Contractor under this Contract, shall incorporate a flashing beacon amber light so as to warn traffic of slow-moving equipment. The designated area shall be all Township of Perry year-round and seasonally maintained roads. 8 SCHEDULE “B” TO TENDER 2024-005 List of Roads and length for Road Side Mowing So Ho Mish Road 6km Brograns Drive 0.28km McSwell Harbour Road 0.15km McMullen Drive 0.36km Clear Lake Road 0.26km Star Lake Road 5.54km Jayridge Road 0.11km Mason's Road 4.11km Gibson Road 0.22km Old Government Road 2.14km Bay Lake Road 7.25km AmyLee Drive 0.27km North Bay lake Road 2.52km Expressway Road 2.06km North Bay Lake Road Seasonal Portion 0.55km Deer Lake Road 6.48km Maple Drive 0.61km Deer Lake Road Seasonal Portion 1.6km King side Road 0.46km Bevans Road 4.88km Foote Lake Road 1.63km Cherry Hill Road 2.02km Sherwood Drive 1.32km Cherry Hill Road Seasonal Portion 1.13km Savage Settlement Road 6.65km Purdy's Road 0.52km Savage Settlement Road Seasonal Portio0.6km Birchdale Road 1.48km Sherwood Crescent 0.71km Hall's Road 2.17km Pinedale Drive 0.71km Supersign Road 4.26km Lakeview Drive 1.9km Rochester Lake Road 3.26km Locke's Road 2.43km Pinegrove Road 1.78km Florence Street 0.66km Kearney road 2.5km Gabriel Lane 0.5km Old Muskoka Road 1.37km Centurion Crescent 0.74km Scotia Road 0.89km Boundary Road 6.51km Trainers Road 0.28km Long Lake Road 3.81km Station Road 2.18km Long Lake Road Seasonal Portion 3.4km Wooden Bridge Road 0.70km Whitney Road 6.44km Fern Glen Road 8.24km Old Novar Road 2.56km Emsdale Road 1.85km Brush's Road 0.96km Old Mulligan Road 0.42km Shannon Road 0.7km Old Monteith Road 0.98km Appleyards Road 2km Bill Groome Road 0.29km Old Track Road 0.88km Homeland Drive 2.75km Stewarts Road 0.27km Churchill Gardens Road 1.44km Rattray Road 1km Beach Road 0.5km Rattray Road Seasonal Portion 0.4km 9 Map of Township Road Network 10 SCHEDULE “C” TO TENDER 2024-005 Both sides of road to be cut for a total of approximately 278 lane kilometers. Contractor must bid on all 4 years to be considered for this tender. Prices do not include HST 2024: $___________ 2025: $___________ 2026: $___________ 2027: $___________ I/We _____________________________________________________________ The undersigned have examined the locality of the proposed work and being fully informed as to the nature of the work and the conditions relating to its performance thereto, hereby offer to furnish all materials, labour, tools, and things necessary for the completion of the work described above. QUALITY OF EQUIPMENT Equipment to be used shall be in satisfactory condition as to meet the required schedule in this contract. The Working Road Supervisor has the right to accept or reject the equipment to be used based on his opinion of condition. SUSPENSION OF WORK The Contractor shall, upon written notice from the Working Road Supervisor, discontinue or delay any or all of the work when, in the opinion of the Working Road Supervisor, it is unwise to proceed for any reason whatsoever, and the work shall recommence upon the instruction of the Working Road Supervisor. 11 Company Name: ___________________________________________________ Address: _________________________________________________________ ________________________________________________________ Phone Number: ____________________________________________ Email Address: ____________________________________________ DATED AT ______________________THIS ______DAY OF______________,20____. PROPONENT SIGN HERE _____________________________________ Signature _____________________________________ Print Name & Title _____________________________________ Witness _____________________________________ Print Witness Name