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HomeMy WebLinkAbout2005-177 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005-177 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Barr's Roofing, Newcastle, Ontario, to enter into agreement for the Re-Roofing of the Municipal Administrative Centre. THE COPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between Barr's Roofing, Newcastle, Ontario, Ontario and said Corporation; and 2. THAT the contract attached hereto as Schedule" An form part of this By-law. By-law read a first and second time this 12 day of September ,2005. By-law read a third time and finally passed this 12 day of September ,2005. ~ UvL Joh Mutton -~ _ - - Mayor. Cl~n Municipality of Clarington TENDER CL2005-33 RE-ROOFING OF MUNICIPAL ADMINISTRATIVE CENTRE CONTENTS: SCHEDULE (A) GENERAL CONDITIONS PAGE 2 -11 SCHEDULE (B) SPECIFICATIONS PAGE 12 - 23 SCHEDULE (C) PAINTING PAGE 24 -26 SCHEDULE (D) STANDARD TERMS AND CONDITIONS PAGE 27 -39 SCHEDULE (E) CONTRACTOR SAFETY - POLICY, PROCEDURES, PAGE 40 - 44 HEALTH & SAFETY PRACTICE FORM SCHEDULE (F) TENDER FORM AND BIDDER'S REFERENCES PAGE 45 - 46 SCHEDULE (G) NFORMATION SHEETS PAGE 47 - 49 CLOSING TIME & DATE: 2:00:00 P,M (LOCAL TIME) FRIDAY, JULY 29, 2005 NOTICE TO BIDDERS LATE BIDS WILL NOT BE ACCEPTED, BUT RETURNED UNOPENED TO THE RESPECTIVE BIDDER BIDS NOT SIGNED ARE SUBJECT TO REJECTION BIDS MUST BE TYPED OR IN INK ERASURES OR NOTICEABLE CHANGES MUST BE INITIALLED BY THE BIDDER BIDDERS MUST NOT INCLUDE RESTRICTIVE OR CONDITIONAL STATEMENTS TO ALTER THE FORMAT OR INTENT OF THE TENDER THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED . TENDER OPENING MEETING IS SCHEDULED TO TAKE PLACE AT 2:15:00 P,M, AFTER THE CLOSING TIME AND DATE, IN MEETING ROOM #1 B FIRST FLOOR, 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO, AND INTERESTED BIDDERS ARE INVITED TO ATTEND, . TENDERS MUST BE RETURNED ON THE FORMS PROVIDED AND IN THE ENVELOPE PROVIDED, CLEARLY MARKED AS TO CONTENTS, PRIOR TO THE CLOSING TIME AND DATE, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 2 OF 49 SCHEDULE (A) GENERAL CONDITIONS 1.0 SCOPE 1.1 The work of this Contract includes the removal of the existing shingle roofing, the supply of new shingle roofing complete with ice and water shield underlayment and all required accessories, plus the painting of the cupola and all presently painted surfaces that are above the level of the brickwork. 1.2 Washroom facilities, potable water, electrical power, secure storage and communications equipmenUfacilities are not available on the site for the use of the Contractor. All site services as required for the safe and successful completion of this project shall be provided by the Contractor. 1.3 The Municipal Administrative Centre is to remain open and fully functional for the duration of this project. Signage, hoardings, barricades, etc. shall be provided as/when necessary by the Contractor to assure the safety of the Owner's staff, the users of the building, the Contractor's staff and the general public. 1.4 The Contractor shall complete all work in conformity with all applicable federal, provincial and municipal codes and standards. In addition, the Contractor shall undertake all work in accordance with all applicable safety regulations and procedures, including but not limited to the Workplace Health and Safety Act, the Guidelines of the Construction Safety Association of Ontario, the Owner's health and safety procedures, and the Contractor's health and safety procedures. 2.0 DESCRIPTION OF THE BUILDING 2.1 The Municipal Administrative Centre is a two storey building located at 40 Temperance Street in Bowmanville. The building was erected in the early part of the twentieth century as the Town's municipal administration centre. The plan and elevations are shown on the appended drawings; see Paragraph 11.0 below. 3.0 OWNER 3.1 The owner is the Corporation of the Municipality of Clarington, hereinafter referred to as the Owner. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 3 OF 49 SCHEDULE (A) GENERAL CONDITIONS continued 3.2 Refer to Paragraph No. 12.0 below for the Owner's representatives during the Tender and Construction phases. 3.3 In 1987 the Municipal Administrative Centre was subject to major renovation and modification; the addition of a main library to the west of the building was completed in 2003. In this renovated and enlarged form the complex is known as the Municipal Administrative Centre. 3.4 Work of this Contract relates to the original Municipal Administrative Centre only, the former Bowmanville Town Hall. 4. SALES TAX All applicable taxes shall be shown extra where indicated on the Tender Form. 5. QUALITY AND WORKMANSHIP The workmanship and the quality of work shall be first class in accordance with the best standard practice for this type of work and shall be subject to the inspection of the Owner's Director of Operations or his designate. References are to be provided with this bid submission - see Information Sheet attached as part of Schedule (F). 6. REGULATIONS The work shall be in accordance with all rules, regulations, by-laws and the requirements or interpretations of all authorities having jurisdiction. 7. PERMITS, FEES AND INSPECTIONS Execute work in accordance with all applicable rules, by-laws and regulations. Give necessary notices, obtain necessary permits, pay required fees and furnish any certificates necessary as evidence that the work conforms with the rules and regulations of all authorities having jurisdiction. Carry out changes and alterations required by an authorized inspector of any authority having jurisdiction. Advise Owner and Consultant of any such changes. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 4 OF 49 SCHEDULE (A) GENERAL CONDITIONS continued 8. SCHEDULE OF WORK Indicate Completion Date on the Tender Form of Schedule (F). Upon award, the successful contractor will be required to provide a proposed schedule to the Director of Operations, prior to the commencement of any work which must accommodate the Centre's activity schedule. 9. BIDDER'S INVESTIGATION Each bidder shall be responsible for examining the location and equipment required for this contract. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable prior to the date of submission of bids. NOTE: All bids shall be open for acceptance for a period of forty-five (45) days after the closing date. After this time elapses, the bid may only be accepted with the consent of the successful bidder. The lowest or any tender not necessarily accepted. 10. SURETY 10.1 BID DEPOSIT All tender submissions shall be accompanied by a Bid Deposit in the form of a certified cheque, bank draft, money order or cash, payable to the Corporation of the Municipality of Clarington in the amount specified in the table below: TOTAL AMOUNT OF BID $ 20,000.00 OR LESS 20,000.01 TO 50,000.00 50,000.01 TO 100,000.00 100,000.01 TO 250,000.00 250,000.01 TO 500,000.00 500,000.01 TO 1,000,000.00 1,000,000.01 TO 2,000,000.00 2,000,000.01 AND OVER MINIMUM DEPOSIT REQUIRED $ 1,000.00 2,000.00 5,000.00 10,000.00 25,000.00 50,000.00 100,000.00 200,000.00 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 5 OF 49 SCHEDULE (A) GENERAL CONDITIONS continued NOTE: Bid bonds issued by a surety approved by and in a form containing terms satisfactory to the Municipality's Director of Finance will be accepted for tenders valued over $50,000.00. Bid deposit must be enclosed in the envelope with your tender. All tender bid deposits will be returned to the respective bidders within ten (10) days after the Tenders have been opened except those of the two (2) low bidders, which shall be retained by the Municipality of Clarington until the successful bidder has executed the contract. 10.2 PERFORMANCE SURETY The successful Contractor shall submit a performance surety in the form of a certified cheque, bank draft, money order or an irrevocable letter of credit in a form and manner acceptable to the Director of Finance in the amount of 10% of the total cost of the Contract. In order to utilize the irrevocable letter of credit as Surety the Letter of Undertaking enclosed in Schedule (G) must be completed and signed by the Bidder and a signing officer of the Bidder's Bank. Failure to provide the Letter of Undertaking with the bid may result in the rejection of the tender This Surety will be held by the Municipality for up to 45 days after all work covered by the Contract has been completed and accepted. The surety will then be returned to the Contractor provided that: a) Satisfactory evidence is provided that all liabilities incurred by the Contractor in carrying out the work have been satisfied. b) All liens have expired or have been satisfied, discharged and/or otherwise provided for. c) A Clearance Certificate from the Workplace Safety Insurance Board (WSIB) is provided. d) The Contractor has provided a Statutory Declaration that all suppliers and subcontractors have been paid in full and that there are no outstanding hold backs. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 6 OF 49 SCHEDULE (A) GENERAL CONDITIONS continued e) Each Subcontractor of Note as defined in Clause 15.3 shall have supplied an original letter to the Owner stating that all payments have been received from the Contractor and that there are no further monies owing. This letter shall be prepared by an officer of the subcontractor corporation who has knowledge of the project and who is authorized to bind the corporation. It shall be sent by mail directly from the subcontractor to the Owner, with a confirming copy also being mailed to the Contractor. f) Disposals have been made in accordance with MOE regulations; refer to Clause 5.5 of Schedule (8). The Owner may, but is not obligated to, return the surety earlier than the 45 days but in no case shall the surety be returned without all of (a) to (f) above being completed to the Owner's satisfaction. 11.0 ATTACHED DRAWINGS AND SPECIFICATIONS 11.1 The following drawings and specifications are attached. All such materials were produced with respect to the 1987 project that included renovation, modification and addition. The Owner provides this material strictly as background information for the guidance of the Contractor. The Owner does not warrant the accuracy and/or the completeness of these documents. 11.2 Drawings: No. A104 "Roof Plan" No. A200 "South Elevation; East Elevation" No. A201 'West Elevation; North Elevation" All drawings were produced by A. J. Diamond and Partners as their Project N. 86A02 and are dated January 23,1987. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 7 OF 49 SCHEDULE (A) GENERAL CONDITIONS continued 12.0 PROJECT OVERSIGHT 12.1 During the Tender phase inquiries regarding the documents shall be directed to: Jerry Barber, C.P.P.O. Buyer 905623 3379 (Ext. 250) 12.2 During the Construction phase project oversight shall rest with the Owner's Director of Operations: Mr. Frederick J. Horvath, BA, R.D.M.R., R.R.F.A. Director of Operations Telephone 905 263 2291 (Ex!. 223) FAX 905 263 4433 The Director of Operations exercises overall control for the project on behalf of the Municipality. He will in turn delegate responsibility as/when necessary to staff of the Municipality and/or to a consultant, in either case referred to herein as his nominee, whensoever and howsoever he deems suitable to realize the best interests of the Municipality. 12.3 During the Tender phase site visits may be arranged through: Mr. Rob Groen Lead Hand - Building Services Telephone 905 623 3379 (Ex!. 414) Cell 905 260 4224 Mr. Groen will also be the Owner's day to day representative during the Construction phase. 12.4 The Owner has also appointed a consultant to assist in the preparation of the Tender documents and in the inspection and management of the project. Mr. James Knight, M.Sc.F., P.Eng. James Knight & Associates PO Box 273 St. George, Ontario NOE 1 NO Telephone 519 448 3548 FAX 519 448 4657 Cell 905 691 6489 SCHEDULE (A) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 8 OF 49 GENERAL CONDITIONS continued 13.0 PROJECT SCHEDULE 13.1 It is anticipated that the project will be awarded to the successful Contractor by August 5, 2005. Subject to the successful Contractor's submittal of the documentation that is required herein, and subject to suitable weather conditions prevailing, the Contractor will then be free to undertake and to prosecute the work subject to the contractual conditions described herein. 13.2 Time is of the essence and the Completion Date provided by the bidder on the Tender Form will be taken into consideration in the award. 14.0 WARRANTY 14.1 The Contractor shall warrant all work of this Contract for a period of three (3) years following the acceptance of the completed work. For this purpose the Completion Date shall be the date upon which the Owner accepts the work and acknowledges same in writing. Prior to said acceptance all work of the contract shall be inspected by the Owner and any and all outstanding deficiencies shall be completed and/or corrected by the Contractor per these specifications. 14.2 For the duration of the warranty period the Owner will retain ten per cent (10%) of the Contract Price shown on the Tender Form as a Warranty Deposit to be held against possible future warranty work. This deposit will be released to the Contractor without interest after the expiration of the warranty period and upon the Owner's acceptance of the work. 14.3 The Warranty Deposit of Clause 14.2 shall be the mandated 10% accumulated hold backs from all payments that are made during the contract. In undertaking this Contract the Contractor acknowledges and accepts that: a) A 10% holdback will be retained from each approved invoice in accordance with prevailing construction laws and practice. b) The 10% holdbacks will accumulate to the project's end, after which they will continue to be held for the 45-day statutory lien period. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 9 OF 49 SCHEDULE (A) GENERAL CONDITIONS continued c) Upon the end of the statutory lien period, and upon receipt of the Contractor's submittals per Clause 10.2, the accumulated holdback will be converted on the Owner's records to be the Warranty Deposit against this project. The Contractor will be provided with suitable documentation of the creation of this Warranty Deposit account. 14.4 The Contractor's warranty shall be global with respect to the project, including all materials and all labour whether supplied directly by the Contractor, by any subcontractor or by any supplier. 14.5 Within the warranty period the Contractor shall undertake any repairs that may become necessary to correct deficiencies that may develop in the work of this contract. Said repairs shall be undertaken by the Contractor promptly upon receipt of notice from the Owner that a deficiency has been discovered. All such repairs shall be undertaken in the manner of the work of this contract. 14.6 Within the final month of the warranty period the Owner will undertake an inspection of the work. The Contractor may attend at that inspection but is not obligated to do so. The Owner will advise the Contractor of the findings and any deficiencies that may have developed during the warranty period. Any deficiencies will then be corrected by the Contractor in the manner of these specifications and within the terms of this contract. The completed repairs shall be subject to re-inspection and acceptance by the Owner. 14.7 Upon the expiration of the warranty period, and subject to the Owner's acceptance per Clause 14.6 preceding, the Warranty Deposit shall be released to the Contractor without interest. In the event that the Contractor does not complete all repairs prior to the end of the warranty period, the warranty period shall be deemed to be extended howsoever long as may be required to complete said work. 14.8 Failure of the Contractor to satisfactorily correct all warranty work within thirty (30) days following receipt of the notice of deficiencies will place the Contractor in default of this Contract. This shall apply to warranty work that may be required regarding Clause 14.5 and/or Clause 14.6. In the event of such default the Owner may, at the Owner's sole discretion: a) engage another contractor to complete the repairs, with that second Contractor to be paid from the Warranty Deposit; THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 10 OF 49 SCHEDULE (A) GENERAL CONDITIONS continued b) undertake the work using the Owner's own forces, with reimbursement to come from the Warranty Deposit; c) or take such other actions as it deems necessary. 14.9 Following any such work that depletes the funds of the Warranty Deposit the Owner shall provide the Contractor with a complete and detailed accounting of all monies expended. NOTE The work of this Contract includes much that is temperature and/or weather dependent. Hence in the event that warranty work may be required, it is understood by the parties to this contract that: a) All such work will only be undertaken under suitable weather conditions as prescribed herein. b) And, the thirty day limit of this clause shall not commence until suitable weather conditions prevail. 15.0 SUBCONTRACTS AND "SUBCONTRACTORS OF NOTE" 15.1 The Contractor shall only be permitted to subcontract any portion of the work in accordance with the restrictions and requirements of this Section 15. 15.2 The Contractor shall prepare a list of any and all proposed subcontractors to be submitted with the Tender Form as part of the tender package. Said list shall: a) Provide the complete identity and contact information of the proposed subcontractor company, i.e. name, address, mailing address if different, telephone number, FAX number, key personnel, etc., including the names and emergency telephone numbers of the responsible individuals. b) Indicate number of years of service for the company in this field of endeavour. c) Indicate the key personnel for this project, including a resume for the proposed project manager. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 11 OF 49 SCHEDULE (A) GENERAL CONDITIONS continued d) Provide at least two references for work of a similar nature and magnitude undertaken within the past three years. Use the Information Sheet in Schedule (G). e) Provide on a percentage basis the value of the work that is proposed for each subcontractor, i.e. a subcontractor who is to do $1,000 work within a $10,000 contract shall be declared as being 10% of the work. 15.3 Any subcontractor who may be proposed to undertake 20% or more of the Contract shall be known herein as a "Subcontractor of Note". All Subcontractors of Note are required under Clause 10.2 of this Schedule (A) to provide written declarations with respect to payment prior to the release of the Performance Surety. In undertaking this contract the Contractor and all Subcontractors of Note acknowledge and accept this provision. 15.4 All proposed subcontractors are subject to individual review and acceptance by the Owner prior to the award of the contract. In the event that a proposed subcontractor is not acceptable to the Owner, the Contractor shall substitute another subcontractor that is acceptable to the Owner. Substitutions so made shall not alter the Contract Price that is the Total Bid Price on the Tender Form. 15.5 Following award of the contract the approved subcontractors may only be substituted subject to prior notice to the Owner, and the prior review and acceptance by the Owner. Substitutions so made shall not alter the Contract Price that is the Total Bid Price on the Tender Form. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 12 OF 49 SCHEDULE (B) - SPECIFICATIONS 1.0 SCOPE OF WORK 1.1 Provide all labour, materials, tools, equipment and services to complete the work as specified. Provide all appurtenances, whether referred to herein or not, as required to assure the satisfactory completion of the work. a) Scrape and paint the cupola structure and all other presently painted surfaces above the level of the brickwork. b) Remove existing roof system down to existing substrate. This item (b), plus all of items (c) to (0) below, include the cupola roof and the main roof. c) Sweep the existing substrate clean of all debris. All such debris is to be removed from the roof, from adjacent roofs, from eavestroughs and down pipes and is to be disposed of off site. d) Inspect the existing substrate to be assured that it is sound and free of damage. All damaged and/or deteriorated existing wood boards are to be replaced on the Unit Price basis prescribed herein in Clause 6.3 and subject to the prior authorization of the Owner. e) Install ice and water shield as an underlayment over the entire roof. f) Install new shingles over the entire roof. g) Install new flashings, chimney saddles, drip edge, etc. as required to complete the work. h) Install new flashings at all roof penetrations and seal with caulking. i) Clean up and remove all debris related to the new roof installation in the manner of (c) above. j) Schedule the work of (b) to (i) preceding such that at the completion of each day's work there are no exposed roof boards. (Weatherproofing with temporary tarpaulins is not permitted.) k) Provide site services as required for the completion of this project. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 13 OF 49 SCHEDULE (8) - SPECIFICATIONS continued I) Provide scaffolding and/or man-lifts and lifting equipment as required for the completion of this work. m) Provide hoarding and barricades as required for the successful completion of the work, including the protection of the existing building and the users thereof. n) Safeguard all existing fixtures and facilities not affected by the work of this Contract. 0) Clean up and dispose of all debris. 2.0 WORKMANSHIP AND QUALITY CONTROL 2.1 Only first class workmanship will be accepted with regard to safety, efficiency, durability, protection of the existing structure, and neatness of detail. 3.0 STANDARD OF MATERIALS 3.1 All workmanship and materials shall conform to the requirements of these Specifications and to the Ontario Building Code. 3.2 Materials and workmanship are specifically described and named in this Specification to establish the minimum standard of materials and workmanship that will be acceptable under the work of this Contract. 3.3 All materials required for the performance of the work shall be new, free from defects and of the best of their respective kinds. Maintain uniform patterns throughout the work by utilizing materials of identical lot numbers. 3.4 Manufacture and quality of materials and equipment are subject to the review of, and the acceptance by, the Owner. Any material and/or equipment not conforming to these contract documents and/or to approved Change Orders shall be removed from the site without delay and replaced with the specified and approved materials and/or equipment. 3.5 Materials and/or equipment shall bear approval and/or certification labels as required by authorized Code and/or inspection agencies, i.e. CSA, CLlB, NLGA, ASTM, etc. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 14 OF 49 SCHEDULE (B) - SPECIFICATIONS continued 3.6 Install all materials and equipment in accordance with these Specifications and with the manufacturers' instructions. 3.7 Include all accessories for materials and equipment not specifically noted in the Contract documents, but which are necessary to make a complete, operational, functional and durable installation. 4.0 SPECIFIED MATERIALS AND ALTERNATES 4.1 Materials and products specified herein by name, manufacturer and/or catalogue reference shall form the basis of the Tender Price on the Tender Form of Schedule (F), and shall be provided under the Contract. 4.2 Refer to Paragraph No. 9.0 below for specified materials and products. 5.0 DISPOSAL OF USED MATERIALS AND WASTE 5.1 All existing shingles, underlay and associated materials shall be removed from the site and disposed of at an approved land fill site. 5.2 All waste from the new shingles and the associated materials shall be removed from the site and disposed of at an approved land fill site. 5.3 It is the Owner's understanding that none of the materials to be disposed of under this Contract are hazardous waste within the context of prevailing MOE regulations. Notwithstanding this, in the event that hazardous materials are encountered it shall be the Contractor's responsibility to: · Notify the Owner of the type, nature and the source of the hazardous material. · Dispose of same in accordance with MOE regulations for such materials. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 15 OF 49 SCHEDULE (B) - SPECIFICATIONS continued 5.4 The building is bordered on the north and east sides by public roadways, on the west side by the attached Library, and on the south side by a paved courtyard. All such areas must be kept free of waste, including nails, throughout the performance of this Contract. Bin-size commercial waste containers may not be placed on site as the sidewalks, roadways, pedestrian mall, etc. must all be kept clear. Hence all waste materials shall be controlled, gathered and removed from the site dailv. The Contractor shall exercise special care to prevent the dispersal of waste by wind and the loss of nails onto the roadways and pedestrian areas. The Owner will co-operate with the Contractor to locate and designate a suitable space where a suitable disposal vehicle may be parked on site at no cost during working hours. 5.5 All disposals shall be in accordance with MOE regulations. Proof of proper disposal and/or of the disposal fees having been paid may be requested by the Owner. Where such proof is requested it shall be construed as a Contract obligation to be discharged by the Contractor prior to the Owner's release of Performance Surety. 6.0 REPLACEMENT OF DAMAGED OR DETERIORATED ROOF BOARDS 6.1 Damaged and/or deteriorated roof boards are to be removed and replaced with new roofing boards to match the existing thickness and width. Maintain the same spacing between roof boards as currently exists. Any roof boards to be replaced shall be long enough to span over not less than three supporting rafters. 6.2 The Director of Operations and/or his nominee shall approve any roof board replacement prior to any work being commenced. 6.3 The Contractor shall be reimbursed for such roof board replacement at the rate of $2.50 + GST per board foot of actuallumber* used. In this regard note that one board foot's nominal measures are 12 in. X 12 in. X 1 in., or any volumetric equivalent thereof, and that member length shall be the actual length used in the field, Le. no allowance for waste. Such payment shall be made as an extra to the stipulated Total Bid Price appearing on the Tender Form and subject to an accounting to be provided by the Contractor as part of his final invoice. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 16 OF 49 SCHEDULE (8) - SPECIFICATIONS continued * NOTE: This clause is written with the presumption that the existing roof boards are solid lumber throughout. In the event that the existing roof cladding is found to be plywood or OSB, then replacement shall be with plywood or OSB of the same grade and thickness and payment for same shall be made at the rate of $2.50 + GST per square foot of material actually used. 7.0 SHINGLE INSTAllATION 7.1 Shingle installation shall be in accordance with the manufacturer's instructions, the requirements of the Ontario Building Code and these Specifications. 7.2 Shingle installation shall be over an ice and water shield underlayment. The Contractor shall conduct his removals and installations to guard against water infiltration into the attic space due to sudden cloudbursts. 7.3 Further to Sentence 7.2, the work shall be sequenced and conducted such that all sealing of the roof over each night and over each weekend shall be with (new or existing) shingles or with ice and water shield. Refer to Sentence 9.1(c). 8.0 PAINTING 8.1 This Contract includes the scraping and the painting of: . the cupola structure that is located at roof level immediately above the main east doors, plus . all other presently painted surfaces that are above the level of the brickwork on all sides of the building. NOTE: The painting of the areas noted will necessitate the removal and reinstallation of the birdwire as and where installed to allow for effective painting. 8.2 The painting of the cupola, the faux balcony on the east side and the ornaments at the ridge is to be completed before the installation of shingles. 8.3 Paint spatters are not to be allowed to fall onto the new roof, the existing brick, other painted surfaces, the windows, or grade. Any spatters that may occur are to be immediately removed with an appropriate solvent. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 17 OF 49 SCHEDULE (B) - SPECIFICATIONS continued 8.4 The cupola was painted in 1987 as part of the major renovations and in accordance with the attached specifications as referenced in Paragraph 11 of Schedule (A). 8.5 The Owner advises that since 1987 portions of the cupola and other painted areas have been subject to touch up painting as/where required on a number of occasions. The materials/methods of those touch-up paintings are not known. 9.0 PRODUCTS AND INSTAllATION 9.1 The following are the Specified Products for this Contract. Shingles shall be GAF Materials Corporation "Slateline" carrying a 40-year manufacturer's limited warranty and rated by the manufacturer for 110 mph (180~ kph) wind coverage. Colour shall be "Antique Slate". On completion of the project the Contractor shall provide an exercised copy of the manufacturer's warranty that is specific to this project and that lists, inter alia, project name, Owner, installer, shingle type, date, etc. Shingle nails are to be galvanized roofing nails conforming to CSA B 111- 1974, "Wire Nails, Spikes and Staples". Nails used for the standard shingle shall be as recommended by the manufacturer, but in no case shall less that six 1 in. long nails be used per shingle. For the matching and complementary "Timbertex" ridge caps, not less than two 1 '/. in. nails shall be used per shingle. Ice and water shield as underlayment over the entire roof shall be "Bakor Eaveguard". Said material shall be applied on a daily basis, or as frequently as any of the existing shingles are stripped, such that at the completion of each working day there is no exposed wood roof boards. Hence, at the end of work on every day the roof will be clad with remaining existing shingles that are yet to be replaced, with new Bakor Eaveguard, or with new shingles placed over the new Bakor Eaveguard. In other words, overnight sealing with tarpaulins shall not be permitted. Handle, apply and joint the material in accordance with the manufacturer's recommendation. lumber shall be #1/#2 SPF (spruce) or #1/#2 North Species (pine) to CSA 086 and NlGA specifications. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 18 OF 49 SCHEDULE (B) - SPECIFICATIONS continued All existing flashings, plumbers' flashings, chimney saddles, drip edges, etc. shall be replaced with new, sound, undamaged components whose warranted effective service lives are at least equivalent to that of the new shingles. Such components shall match the existing as to materials, sizes, gauges, profiles, etc. but in no case shall they be inferior to the requirements of Clause 9.26.2 of the Ontario Building Code. All flashings and plumbers' flashings at all roof penetrations shall be sealed with a caulking that is warranted by the manufacturer for not less than the life of the specified shingles and that is clear or of the same colour as the specified shingles. Paint shall match the existing colour and gloss and shall conform to the specification attached hereto as Schedule (C). For purposes of this project the cupola and other areas shall be considered to be "previously painted surfaces". Materials are to be per the attached specification and the Contractor shall take colour samples for matching by the paint supplier. 9.2 Substitutions for the Specified Products of Paragraph 9.1 shall only be permitted subject to the Contractor's written request for substitution that shall, inter alia, make a compelling case for the substitution and shall include the following: . Technical reasons to request the substitution. . Manufacturer's catalogue information and/or equivalent data to support the claimed equivalency or superiority to the specified product(s) and the technical reasons of (a) preceding. . Price adjustment, if any. 9.3 Note that requests for substitution per Paragraph 9.2 must be made five (5) days prior to tender closing. All bidders will be advised of any approved substitutions in the form of an addendum. 10.0 SITE AVAilABILITY 10.1 Work shall only be undertaken in such weather as is conducive to safe working conditions and to the successful completion of the work. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 19 OF 49 SCHEDULE (B) - SPECIFICATIONS continued 10.2 The permitted hours and days of work during the Contract period shall be 7:00 a.m. to 7:00 p.m. Tuesday to Saturday, inclusive. Note that: . No work shall be undertaken on Sundays or Statutory holidays. . No work shall be undertaken on Mondays due to the Owner's administrative activities that occur within the complex on these days. 10.3 The Contractor shall also note that one as-yet undesignated day during the Contract period will be the day when interim Municipal taxes are due and payable. Historically such days are accompanied by a large increase in pedestrian traffic in an around the building. Hence on that one day, of which the Owner will advise the Contractor at the time of award, the Contractor may only work on site provided that all of the safety, access and waste control provisions that are specified elsewhere herein are followed, and there is to be no short-term closures of any doorway for any reason; and there is to be no blockage, short-term or otherwise, of the roadways, walkways, sidewalks and/or pedestrian areas outside the building, whether by loading equipment, disposal equipment and/or operations. In view of this the Contractor may prefer to shut down operations for this one day. The Contractor shall make due provision for this 1-day shut- down in determining the length of the Contract and in specifying the required Completion Date on the Tender Form. 10.4 The Contractor shall schedule and sequence the work to suit these Specifications and his own needs so as to most efficiently expedite and complete the work. Notwithstanding this, all existing entrances to the Town Hall must remain open and usable during the course of this work. In this regard: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 20 OF 49 SCHEDULE (8) - SPECIFICATIONS continued 10.5 The Contractor must provide safe and adequate external access to all areas of the work, i.e. access through the building's interior is not available. The Contractor shall also provide safe and adequate working platforms. Two general methods are acceptable to the Owner. · One suitable method of access is scaffolding. Said scaffolding and other temporary structures must be designed and specified by a professional engineer who is registered in Ontario. Drawings of said scaffolding and associated structure, bearing the engineer's seal and signature, shall be provided to the Owner by the Contractor prior to the start of any work on site. · The second suitable method of access is powered man-lifts. Such lifts shall be selected by the Contractor to be suitable for the project and to operate within the manufacturer's recommendations as to reach, clearance, lifting capacity, etc. Prior to use the Contractor shall provide the Owner with manufacturer's catalogue data to confirm the proposed equipment's suitability. Such equipment shall also be selected to suit the grades and running surfaces on which they must operate and be of such a size and geometry that they do not unreasonably disrupt traffic flow and patterns, whether pedestrian on the sidewalks and mall or vehicles on the streets. In this context the measure of "unreasonable disruption" shall generally be that the equipment must be no more disruptive than would the scaffolding of (a). In addition, man-lifts and the like used on the project must be suitably muffled such that the noise levels within the building are not increased by the operations of this equipment outside. 10.6 The Contractor shall hoard and safeguard the scaffolding, temporary structures and/or equipment of Clause 10.5 to prevent unauthorized access, both during working hours and outside working hours. Where prevention of unauthorized access cannot reasonably be assured by hoarding alone then the Contractor shall be required to post a suitable type and number of uniformed security guards. In the event that such guards are to be posted, the guards and the security company shall be bonded to the satisfaction of the Owner and the Owner shall be advised of all staff to be on site, of their rota, and of suitable 24-hour/7- day emergency contact numbers. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 21 OF 49 SCHEDULE (B) - SPECIFICATIONS continued 10.7 The Contractor shall provide hoardings, barricades, etc. to control pedestrians around the building and to prevent debris and other waste from falling on them. 10.8 Notwithstanding the general intent of Clauses 10.4 to 10.7, the Owner will co-operate with the Contractor to permit short-term closures of individual entrances so as to facilitate the erection and/or relocation of scaffolding, the placement of equipment or materials, the gathering of accumulated waste, etc. In all cases such entrance closures shall be conducted with the prior knowledge and approval of the Owner, with the Contractor providing staff and/or equipment as required to marshal pedestrian traffic, and with all such closures being conducted so as not to impair emergency egress. 10.9 Notwithstanding Clause 10.8 preceding, the building's barrier free access must not be interrupted. 11.0 SITE SERVICES 11.1 It shall be the Contractor's responsibility to provide all site services. Refer also to Sentence 1.2 of Schedule (A). 11.2 The Contractor shall provide and maintain the necessary First Aid Equipment on site as called for by the Workplace Safety and Insurance Act and the Occupational Health and Safety Act. 12.0 PERMITS AND DOCUMENTATION 12.1 All work under this Contract shall be undertaken and completed in strict conformity with all applicable federal, provincial and municipal codes and standards. 12.2 Prior to the start of construction the Contractor shall provide a copy of his workplace safety policy and procedures which in no respect or detail are to be inferior to those of The Owner. To assist the Contractor, the Owner has provided his own in-house workplace safety policy; it is attached herein as Schedule E. This supply of the Owner's policy is for information purposes only and shall not be deemed as instructing how work is to be performed. 12.3 The Contractor shall be responsible to apply for and to pay for all permits required for the work. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 22 OF 49 SCHEDULE (B) - SPECIFICATIONS continued 12.4 The Contractor is responsible to make all necessary notifications with regard to the work, including specific Notice of Project to the Ministry of Labour. 12.5 The Contractor is required to provide the Owner with proof of insurance as specified elsewhere herein. 12.6 The Contractor is required to provide WSIB Certificates of Clearance as specified elsewhere herein. 12.7 The Contractor is responsible to acquire engineering design for the scaffolding, access structures and/or access equipment and to provide descriptions of same to the Owner. Refer also to Sentences 10.4 to 10.9 inclusive. 13.0 SITE CLEARING 13.1 The site shall be left clear of debris, including nails, at the end of each day. See also Paragraph No. 5.4 above. Roofing debris, and particularly nails, shall be prevented from falling onto the surrounding walkways, roadways and courtyard during the course of the work. 14.0 SITE CONDITIONS 14.1 The Contractor must verify site conditions, measurements, and quantities of materials required to complete the work. No claim for extra shall be entertained for the Contractor's failure to learn matters that were discoverable at the time of tendering. 14.2 Prior to the start of work the Contractor shall survey the building inside and outside to audit and record all existing damage and deterioration. (The Owner will conduct a site tour within the specified working hours; see Paragraph 10.2) Said survey shall be provided to the Director of Operations and/or his nominee for review and acceptance. Following that acceptance any damages that may be discovered on site shall be construed as having been caused by the Contractor during the course of the work of this Contract and shall be repaired/replaced at the Contractor's expense. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 23 OF 49 SCHEDULE (B) - SPECIFICATIONS continued 15.0 HISTORICAL RESTORATION 15.1 The work is intended as a reasonable representation of historical restoration. The Contractor shall therefore ensure the use of appropriate materials, methods and dimensional continuity. The Contractor should be experienced with the supply and installation of necessary materials and equipment required to execute work that is consistent with historical restoration. 16.0 INSPECTION/COMPLETION 16.1 The Director of Operations and/or his nominee shall undertake, and/or shall cause to be undertaken, periodic site inspections of the work during the course of the Contract. Said inspections shall be to assure adherence to the Contract's requirements. 16.2 Upon completion of the work, the Contractor shall notify the Director of Operations and/or his nominee of the project status and shall request a final inspection of the new roof system, the workmanship, the site conditions and the clean-up. Any defects and/or deficiencies so found shall be corrected immediately by the Contractor with payments being made appropriate to the completion of said remedial work and as permitted by applicable law. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 24 OF 49 SCHEDULE (C) PAINTING Scope As part of the work of this contract all exposed structural steel, wood and/or other presently painted surfaces above the level of the brickwork are to be scraped and painted. This includes, but is not limited to the cupola inside and out, the faux balcony and arch above the east doors, the ornaments at the roof ridge, the eaves, the soffits, the fascias, the mouldings etc. all as exist on all four faces of the building above the top of the brickwork. General Specifications 1. General: Remove corrosion, peeling paint, damaged paint, etc. as necessary from all surfaces of the cupola and all other painted surfaces, including but not limited to columns, beams, braces, brackets, purlins, bolts, washers and nuts, forthwith referred to as 'structural components'. a) Clean all structural components to accept new paint. b) Remove all birdwire prior to painting and reinstall as soon as practical after painting is complete c) Prime areas cleaned down to bare substrate. d) Paint all surfaces of all the interior structural components. 2. Surface Preparation: Existing painted structural components: a) Surfaces shall be dry, clean, free of dirt, oil, grease, rust, mildew, loose and peeling paint. b) Rusted surfaces shall be cleaned by means of power tools such as a grinder or wire brush. c) Existing painted surfaces shall be sanded clean of foreign matter and/or high gloss finishes. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 25 OF 49 SCHEDULE (C) continued 3. Application: a) Primers and paints shall be applied in accordance to the manufacturer's specifications for the particular product. b) Primers and paints may be applied by brush, roller, airless, conventional HVLP, or air-assisted spray units according to the manufacturer's recommendations. c) Finish paint shall be applied in 2 coats ensuring complete and uniform coverage of painted surfaces. d) Any areas exhibiting incomplete or unsatisfactory coverage shall have the entire plane repainted. Patching will not be acceptable. e) Allow paint to properly dry prior to proceeding with succeeding coats. f) Paint shall be uniform in sheen, colour, texture, free from brush or roller marks, sags, runs or other defects. 4. Materials: a) Neutralize zinc coated surfaces before painting with Lithoform or Galvaprep. Apply in strict conformance with manufacturers printed directions. b) Touch up shop primed metal after first removing loose primer, rust, oil, grease, and other contaminants. c) Prime with zinc rich primer d) Finish coat alkyd enamel gloss 5. General Conditions a) Paints shall only be applied when surface and air temperatures are above 10 degrees C. b) Relative humidity shall not exceed 85%. c) Maintain temperature and humidity and provide continuous ventilation during and for 24 hours before and after application. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 26 OF 49 SCHEDULE (C) continued General Conditions d) Obtain, read carefully and obey manufacturer's MSDS information for products to be used on this project. Provide copies of the applicable MSDS to the owner's representative prior to starting work. e) Surfaces below and adjacent must be covered by drop cloths and or plastic to ensure that the facility is protected from paint drips over spray and or falling paint chips, and rust from the surface preparation process. f) Store materials in a safe manner in locations on site prescribed by the owner. 6. Safety: Safety belts and lines, bosun's chairs and all other safety precautions must be used to ensure the safety of workers on this site. All work must be in compliance with the Occupational Health and Safety Act. Refer also to Paragraphs 10.4 to 10.9 re access. 7. Site Visitation: Refer to Schedule "A", General Conditions, Sections 9 and 12. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 27 OF 49 SCHEDULE (D) STANDARD TERMS AND CONDITIONS 1. DEFINITIONS Municipality - The Corporation of the Municipality of Clarington, its successors and assigns. Bidder - The person, firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and surety. Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid - An offer by a Bidder in response to the document issued by the Municipality. Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, furnished or performed by the company, which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #94-129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 28 OF 49 SCHEDULE (D) STANDARD TERMS AND CONDITIONS continued If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 29 OF 49 SCHEDULE (D) STANDARD TERMS AND CONDITIONS continued Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefor. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally thereof. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. 7. PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 30 OF 49 SCHEDULE (D) STANDARD TERMS AND CONDITIONS continued Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 31 OF 49 SCHEDULE (D) STANDARD TERMS AND CONDITIONS continued The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 32 OF 49 SCHEDULE (D) 13. FINANCING INFORMATION REQUIRED OF THE COMPANY STANDARD TERMS AND CONDITIONS continued The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Municipality's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 33 OF 49 SCHEDULE (D) STANDARD TERMS AND CONDITIONS continued 17. DEFAULT BY COMPANY a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contract. c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 34 OF 49 SCHEDULE (D) 18. CONTRACT CANCELLATION STANDARD TERMS AND CONDITIONS continued The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. QUANTITIES Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 35 OF 49 SCHEDULE (D) STANDARD TERMS AND CONDITIONS continued SURETY continued work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB - Workplace Safety Insurance Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 22. WORKPLACE SAFETY AND INSURANCE BOARD All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status as an "Independent Operator". Upon request by the Municipality, an original Letter of Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Company to the board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. For Independent contractors / Owners / Operators who do not have WSIB coverage, the following shall be provided upon request by the Calling Agency: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 36 OF 49 SCHEDULE (D) STANDARD TERMS AND CONDITIONS (continued) WORKPLACE SAFETY AND INSURANCE BOARD (continued) Single Independent Contractors / Owners / Operators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operator status and identification number. To obtain this, contractors must complete the form "Determining worker/Independent Operator status", issued by the Workplace Safety & Insurance Board. (For more information, please contact your local Workplace Safety & Insurance Board Office and refer to this clause.) Single Independent Contractors / Owners / Operators must also provide a certificate from the Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage. The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage. 23. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Properly Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the municipality prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 37 OF 49 SCHEDULE (D) STANDARD TERMS AND CONDITIONS (continued) LIABILITY continued The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. 26. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Company's obligations under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 38 OF 49 SCHEDULE (D) STANDARD TERMS AND CONDITIONS (continued) 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 39 OF 49 SCHEDULE (D) STANDARD TERMS AND CONDITIONS (continued) 31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA) All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act. Offerers are reminded to identify in their proposal material any specific scientific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 40 OF 49 SCHEDULE (E) CONTRACTOR SAFETY POLICY AND PROCEDURE POLICY: Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constnuctor's responsibility to ensure that: . the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the proiect; . every employer and every worker performing work on the proiect complies with the Occupational Health and Safety Act and the Regulations (under the Act); and . Where so prescribed, a constnuctor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. DEFINITIONS: Contractor - any individual or firm engaged by the Municipality to do work on behalf of the Municipality Project - means a construction project, whether public or private, including: · the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof; . the moving of a building or structure; and . any work or undertaking, or any lands or appurtenances used in connection with construction. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTOIII PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 41 OF 49 SCHEDULE (E) CONTRACTOR SAFETY DEFINITIONS continued: Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. Constructor - means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project himself or by more than one employer. Project Manager - means the municipal management representative who has responsibility for a contract. PROCEDURE: The following items are required before any Contractors are hired by the Municipality: a) Before beginning a project, the project manager or designate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or designate must include, as part of the request for tender/quotations, a copy of the above mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. c) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, the contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors' safety performance records. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 42 OF 49 SCHEDULE (E) CONTRACTOR SAFETY continued POLICY AND PROCEDURE continued... e) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. f) The project manager or designate, if necessary, will provide the successful contractor with a workplace orientation which will include, but not be limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. g) Before the start of the assignment the following documentation will be provided to the successful contractor, by the project manager or delegate: i) copies of the Municipal Corporate Health and Safety Program ii) departmental health and safety policies iii) workplace procedures regarding health and safety practices h) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. i) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 43 OF 49 SCHEDULE (E) CONTRACTOR SAFETY continued POLICY AND PROCEDURE continued... j) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. k) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. I) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orders. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 44 OF 49 SCHEDULE (E) CONTRACTOR SAFETY continued POLICY AND PROCEDURE continued... HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workplace Safety Insurance Board (WSIB) information noted below, where applicable. The New Experimental Experience Rating (NEER) - The WSIB experience rating system for non-construction rate groups The Council Amended Draft #7 (CAD-7) Rating - The WSIB experience rating system for construction rate groups Injury frequency performance for the last two years - This may be available from the contractor's trade association. Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). Confirmation of Independent Operator Status - The WSIB independent operator number assigned: (Bidders are to include the letter confirming this status and number from WSIB with their bid submission). THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 45 OF 49 SCHEDULE (F) TENDER FORM Sealed Tenders for goods and/or services listed below, submitted on the forms and in the envelope provided, will be received by the office of the Clerk, Corporation of the Municipality of Clarin9ton, 40 Temperance St., Bowmanville, Ontario, L 1 C 3A6, until the closing time and date indicated hereon. CLOSING TIME AND DATE (Local Time): 2:00 P.M. (local time), Friday, July 29, 2005 REF.lPURCHASING MANAGER: Lou Ann Birkett. . . . . . . ... ...... Date: July 12, 2005 Phone (905) 623-3379 Tenders are invited for the following goods/services and/or projects specified herein and associated documents, plans and specifications. Complete in full, all blanks where provided and return one copy and/or set in the envelope provided. Bid deposits and/or agreement to bond, if required, must accompany tender submission under same cover and envelope. All tenders must comply in accordance with regulations, terms and conditions set forth in all tender documents. Successful tenders must accept terms and conditions of subsequent official purchase order issued by the Corporation of the Municipality of Clarington unless otherwise stipulated. The lowest or any tender not necessarily accepted. Tenders must comply and conform to all regulations, terms conditions and instructions specified in By-law #94-129 of the Corporation of the Municipality of Clarington. QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICES Prices quoted shall be payable in Canadian Funds, F .O.B. destination. Unless otherwise indicated, the Ontario Retail Sales tax and the Goods and Services Tax, if applicable, shall be quoted as a separate item. l!We hereby agree to supply all necessary labour, materials and equipment to complete this project. To supply all necessary labour, materials and equipment for limited exterior painting and the complete replacement of the shingle roof at the Municipal Administrative Centre in accordance with specifications noted herein. SUB-TOTAL $ G.S.T. Extra $ APPLICABLE P.S.T. Included TOTAL BID PRICE $ $ Guaranteed Delivery or Completion Cash Discount Date Upon Receipt of Official Order ....................... .... And Terms ...."........ ................... ... ...................... Origin of Goods Goods to be Shipped City & Country................... ....1........................... ..... From City & Country .........................../.. ...... ........ The undersigned, tenderer agrees to supply and deliver all goods and/or services for prices (s) tendered to the Corporation of the Municipality of Clarington in accordance with all terms, specifications and conditions specified herein. FIRM NAME: (Tendered). AUTHORiZED SIGNATURE: ADDRESS: PRINT NAME AND TITLE: TELEPHONE NUMBER DATE FAX NUMBER: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 46 OF 49 SCHEDULE (F) BIDDER'S REFERENCES INFORMATION SHEET Year Description of Contract Name of Organization Contact Person Telephone Number Value of Contract Year Description of Contract Name of Organization Contact Person Telephone Number Value of Contract Please provide detail as to bidder's financial responsibility, (banker, etc.), references, auditor's name and address, etc., THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 47 OF 49 SCHEDULE (G) NOTICE OF "NO BID" IMPORTANT - PLEASE READ THIS QUOTEITENDER# CLOSING DATE It is important to the Municipality to receive a reply from all invited bidders. There is no obligation to submit a quotation/tender, however, should you choose not to bid, completion of this form will assist the Municipality in determining the type of goods or services you are interested in bidding on in the future. INSTRUCTIONS If you are unable or do not wish to bid on this quotation/tender please complete the following portion of this form. State your reason for not bidding by checking yes or no in the applicable line or by explaining briefly in the space provided. It is not necessary to return any other quotation/tender documents. Just return this completed form in the enclosed quotation/tender envelope prior to the official closing time and date. 1. We do not manufacture/supply this commodity 2. We do not manufacture/supply to this specification 3. Unable to quote competitively 4. Cannot handle due to present plant loading 5. Quantity/job too large 6. Quantity/job too small 7. Cannot meet delivery/completion requirements 8. Agreements with distributors/dealers do not permit us to sell directly 9. Licensing restrictions Other reasons or additional comments: Yes/No Do YOU wish to bid on these aoods/services in the future? Yes/No For Municipality Use Only Do Not Write In This Space Company Name: Address: Telephone: Position: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 48 OF 49 SCHEDULE (G) LETTER OF UNDERTAKING (Performance Surety) (Date) The Municipality of Clarington PURCHASING 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 RE: Performance Surety - TENDER NO. Pursuant to the request of and for the account of our customer, (Name of Contractor) (Address) WE HEREBY UNDERTAKE and agree to provide in your favour an Irrevocable Standby Letter of Credit in an amount equal to ( %) percent of the Contract price for the due and proper performance of the Work shown and described in the Tender/RFP Document, if our Customer's Bid is accepted by the Municipality. Such Standby Letter of Credit shall continue during the period of sixty days from the date of the Certificate of Total Performance of the Work which ever is longer. Contractor Name of Bank or Financial Institution) Print Name (Authorized Signing Officer) Print Name (Authorized Signing Officer) Signature (Authorized Signing Officer) Signature (Authorized Signing Officer) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE RE-ROOFING OF THE MUNICIPAL ADMINISTRATIVE CENTRE PAGE 49 OF 49 FAX COVER PAGE QUESTIONS FOR CLARIFICATION To: Jerry Barber, Buyer The Municipality Of Clarington Purchasing Office 40 Temperance Street Bowmanville, Ontario L 1C 3A6 DATE: TIME: FAX NUMBER: (905) 623-3330 From: Company Name: Contact Name: Telephone: Fax: Reference to Section on Page Number of this Proposal. Question: Total Number of Pages including cover