Canada - Call for tenders 2019- Snow removal from municipal roads

Description

Province of Quebec
MRC of Portneuf
MUNICIPALITY OF SAINT-Thuribe


Call for tenders for snow removal on municipal roads

The Municipality of Saint-Thuribe is requesting bids for a snow removal contract for municipal roads that will cover the following seasons:


Option A November 1, 2019 to May 31, 2020
Option B November 1, 2019 to May 31, 2022
Option C November 1, 2019 to May 31, 2024


Documents relating to this call for tenders can be obtained via the Electronic Tendering Service (SEAO) by contacting one of the representatives by telephone at 1-888-669-7326 or by consulting the website www.seao.ca under the reference number "St-Thuribe -2019". The fees for obtaining documents are established by the SEAO

The Municipality is not responsible for the electronic transmission of documents and the bidder is responsible for ensuring that it has all the documents required for its bid before submitting its bid.

A bid security in the amount of 10% of the total amount of the bid and a letter of intent must be submitted with the bid. All bids (including bonds and letters of intent) must be valid for a period of 90 days following the date set for the opening of bids.

Bids must be submitted on the bid form provided for this purpose, they will be received in sealed envelopes and must be marked as follows: "Bid for snow removal from municipal roads". Bids must be submitted to the municipal office, 238 Principale Street, Saint-Thuribe, Quebec G0A 4H0 before 11:00 a.m. on Monday, September 16, 2019 to be publicly opened on the same day, same location, immediately after the deadline.

The Municipality of Saint-Thuribe does not undertake to accept the lowest or any of the bids submitted and incurs no obligation towards the bidders.

Saint-Thuribe on August 22, 2019


Valéry Dufour, Executive Director
Municipality of Saint-Thuribe
info@ st-thuribe.net
Tel: (418) 339-2171 option 1 Fax: (418) 339-3435

administrative clauses
Call for tenders 2019- Snow removal from municipal roads

Municipality of Saint-Thuribe
1.0 Definitions

Municipality :

Municipality of Saint-Thuribe, 238 Principale Street, Saint-Thuribe Portneuf, Quebec, GOA 4HO

Owner :

Municipality of Saint-Thuribe, 238 Principale Street, Saint-Thuribe, Portneuf, Quebec, GOA 4HO

Owner or Prime Contractor:

Term used to designate the Municipality and/or its representatives.

Municipal Representative :

Person appointed by the Municipality to ensure that the work on the territory is carried out in accordance with the terms of the contract.

The Entrepreneur:

Refers to the person or entity to whom the contract for the execution of the work as defined below is awarded and who acts as prime contractor under the Act respecting occupational health and safety of Québec as well as its successors and assigns.

Subcontractor :

Refers to a person or entity selected by the Contractor to perform part of the work.


2.0 Communications

Any communication concerning the contract between the Prime Contractor and the Contractor must be made or confirmed in writing, in the official language. Where a verbal communication by the Prime Contractor constitutes, in the opinion of the Contractor, a change to the Contract that may affect the prices or time limits of the Contract or alter the obligations or responsibilities of the Contractors, the Contractor shall immediately set out in writing the consequences of such a change to the Prime Contractor and request confirmation of the communication in writing. The Prime Contractor shall not consider any request or claim based on verbal communications not so confirmed or not in accordance with the article entitled "Modification of Work".

Written communications between the parties must be addressed either to their principal place of business in Quebec or to their respective representatives at the site. Any response to a communication must be made at the place where the communication originated. These communications may be sent by mail, telegraphed, faxed or delivered by hand.

Any written communication from the Prime Contractor to the Contractor shall be deemed to have been duly transmitted if it is mailed, telegraphed or faxed, deposited at the address indicated in the bid or at any other address since indicated by the Contractor or at the address of its site representative, or if such communication is delivered by hand to the Contractor's site representative.

A telegraphed or faxed communication, transmitted to the above-mentioned places, or delivered by hand is considered to have been received on the same day.
A communication mailed shall be deemed to have been received on the day it is actually received by the addressee or on the third day after it is mailed, whichever is earlier, without any distinction being made between working days and public holidays.

3.0 Role of the Contractor's Authorized Representative

The contractor must designate, in writing to the municipal representative, a representative who can be reached at any time. This representative must keep the municipal official informed of the condition of the roads under his responsibility and be prepared to direct operations in order to obtain the best possible results, i.e. in full compliance with the contract.

4.0 Priority

The contractor must comply with the instructions of the person in charge mandated by the municipality of Saint-Thuribe regarding the priority of the areas to be cleared of snow and/or ice.

The maintenance of roads where school transport is provided should be considered a priority.

5.0 Contractor's Personnel

The Contractor must employ qualified personnel. If the Prime Contractor informs the Contractor of the incapacity of its employees or their improper conduct, the Contractor must immediately rectify the situation.

6.0 Purpose and duration of the contract

The purpose of this quotation is set out in the "Notice of Tender" section. A more detailed description of the work and schedule can be found in the "Technical Clauses" section.

7.0 Ignorance of the premises

At no time may ignorance of the premises be invoked to request a modification of the contract. The Contractor and the Subcontractors shall review the premises prior to the opening of the bids.

8.0 Contractor's Liability

The contractor is fully responsible for his work. It must ensure that they comply with laws, regulations, standards and best practices. He is responsible for the safety of his work with regard to the CSST and all related administrative procedures. The Contractor is responsible for the signage associated with his work

The Contractor who submits a bid undertakes to take all measures to ensure that its machinery, equipment, tools, fuels, lubricants and other elements related to its activities do not cause any damage to the environment and to assume full responsibility and repair any damage if necessary.

The contractor is solely responsible for the actions of his staff. He is responsible for any damage caused to persons and to the property of the Municipality or to the property of a third party.

The Municipality shall notify any potential claimant of the name of the contractor and shall forward to them any claims from a third party. The supervision exercised by the Municipality for the proper execution of the work does not affect in any way the responsibility of the contractor.

The Contractor shall indemnify and hold the Municipality harmless and hold it solely liable for any damage caused to persons and things in the performance or in connection with the performance of its contract, resulting from fault, negligence, recklessness or negligence on its part and that of its employees or from any failure to maintain it, or from any other cause whatsoever.
9.0 Bonding

For the performance of the Contract, the Contractor shall provide, at its own expense, a performance bond which may be one of the following two options:


The certified cheque from the contractor whose bid is accepted will become the performance bond.



A performance bond and a contractor's bond for pledges, materials and services, valid for the duration of the contract, and representing fifty percent (50%) of the annual contract price.


If the contract is awarded to the bidder, the successful bidder must provide the bond before the work begins.

10.0 Liability Insurance

The bidder must provide with its bid a certificate or proof that all of its operations will be covered by a joint insurance policy. This policy must include the following terms and conditions:


personal injury and mortality: a minimum of $2,000,000 per person;
property damage: a minimum of $2,000,000 per accident.


This policy will cover all equipment used by the bidder, whether at work or in transit. Any change of equipment and any addition must be subject to the permission of the Employer as well as an amendment to the insurance policy. An insurance certificate from the insurers will also have to be issued.

Any changes to the policy will be submitted to the Municipality at least 15 days prior to filing for approval. The Bidder will pay the premiums and maintain it in effect until the expiry of this contract. The Municipality will not have to pay any amount for the inherent protection it enjoys under this policy.

The police shall provide that the bidder shall stand up for the Municipality and defend it against any claim that may be made against it in connection with this contract. If the bidder fails to maintain such a policy in force, the Municipality may, without further notice or delay, terminate the contract binding it to the bidder.

Any act or omission of an insured person under this policy shall not affect the rights and interests of any other person insured under this same insurance policy. If an employee of the insureds named in this policy suffers damage as a result of an action taken by another insured under this policy, the policy shall protect the insured against whom the claim is made in the same manner as if it were a separate policy.

The Contractor must have contingent employer insurance, covering any employee not covered by the CSST.

11.0 Modification of work

The Owner, without resulting in the invalidation of the contract, may, by modifying, adding or subtracting part of the work, modify the said work, the amount of the contract being adjusted accordingly.

All work must be performed under the same conditions as the contract except that any claim for extension or reduction of time caused by the work must be rectified at the time the change is prescribed.
No change may be made unless made pursuant to a written order from the owner and no claim for an increase or reduction in the amount of the contract shall be valid unless so ordered by the owner and at the same time evaluated or agreed to be evaluated as provided in the following article: "Evaluation of Changes".

12.0 Change Assessment

The value of any changes must be determined as follows:


According to the unit price of each kilometre entered in the bidding form


13.0 Subcontract

The Contractor agrees that the names of the Subcontractors on the list provided prior to the commencement of the Contract shall be the list of Subcontractors to whom it intends to award the performance of the parts of the Work indicated and may not employ any Subcontractor against whom the Owner may raise reasonable objections.

The Contractor shall only hire subcontractors with the license(s) and authorization(s) required under the applicable Act or regulations.

If the owner requires a name change to this list, and the work must be awarded to a more expensive bidder, the contract price must be increased by the difference between the two bids.

Upon request for this purpose and in all cases where feasible, the owner must provide any subcontractor with supporting documents in the amounts certified for him.

The Contractor shall be fully liable to the Municipality for the acts and omissions of its subcontractors and the persons employed by them directly or indirectly, as well as for the acts or omissions of the persons employed by it without intermediary. Considering this responsibility, the contractor is not obliged to employ as a subcontractor or supplier any person or company against whom it may raise reasonable objections.

No statement of the contract documents creates a contractual relationship between any of the subcontractors and the municipality.

The Contractor may not award any subcontract other than those mentioned in the list provided prior to the commencement of the contract or assign the contract in whole or in part, without the written consent of the municipality.

14.0 Delays

If the Contractor experiences delays in completing the work due to any act or negligence of the municipality, or due to any changes ordered in the work, then the time of completion must be extended by a reasonable time depending on the situation

In addition, and without limiting the meaning of the foregoing, the completion time shall be extended for any reason whatsoever of which the Contractor is in control, but which the owner may decide as justifying a delay for such reasonable time.

15.0 Arbitration

In the event of any dispute between the Municipality and the Contractor, with respect to their respective rights and obligations under this contract, either party hereto shall be entitled to give notice of and request arbitration of such dispute to the other; and the parties may, with respect to the particular subject matter of the dispute, agree to submit the dispute to arbitration in accordance with the applicable law of the place of performance of the contract

Arbitration proceedings may not take place before the completion or alleged completion of the work unless:


regarding a debate on a payment certificate
in the event that either party can demonstrate that the subject matter of the dispute is of such a nature that it requires immediate consideration while the evidence is available.


16.0 Owner's Right to Perform Work

If the Contractor fails to diligently continue the work or comply with any provision of this contract, the owner may, after giving written notice to the Contractor, and without prejudice to any other right or remedy he may have, perform what should have been done and deduct the costs thereof from the payment then or subsequently due to the Contractor.

17.0 Right of Owner to Termination of Contract

If the Contractor becomes bankrupt or makes a general assignment of its assets to its creditors, or if a receiver is appointed because of its insolvency, or if (except in the cases listed in section "Delays") it refuses or fails to provide a sufficient number of capable workers or suitable materials in sufficient quantity, after receiving seven (7) days' written notice from the owner requesting such additional labour or material or if he fails to promptly pay subcontractors or materials or labour, or if he continues to disregard the laws, ordinances or instructions and directions of the owner, or if he otherwise materially violates the provisions of the contract, the municipality may, by written notice to the Contractor, terminate the Contractor's mandate.

The Municipality may then take possession of the premises and complete the work in any manner it deems appropriate, but without undue delay or expense.

The Contractor, in this case, is not entitled to any further payment until the anniversary date of the contract. If the unpaid balance of the annual contract price exceeds the cost of completing the work, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay such excess to the Municipality. The same procedure will be used for all remaining years of the contract unless another agreement is reached by the parties.


18.0 Terms of Payment

Payments will be made in six (6) equal installments on or to;


2nd week of November 1/6
2nd week of December 1/6
2nd week of January 1/6
2nd week of February 1/6
2nd week of March 1/6
2nd week of April 1/6


19.0 Payments

The municipality must certify the account and make payments, or inform the Contractor promptly, in writing, of the reason why the account is being modified or not approved. It may provide for sufficient holdbacks to protect the municipality from the registration of any privilege of which it has become aware.

No payment made to the Contractor nor any employment or partial or total occupation of the Work by the Municipality shall be construed as an acceptance of any part of the Work that is not in accordance with this Contract.

The issuance of the final payment shall constitute a waiver of all claims by the Municipality and the acceptance of such final payment by the Contractor shall constitute a waiver by the Contractor of all claims except those that are not settled, if any.

If, on maturity, and upon presentation of a request for payment, the municipality fails to pay the amount due, the Contractor is entitled to receive, in addition to the amount mentioned in the certificate, interest on the certificate at the average loan rate in effect at that time in banking institutions.
20.0 Taxes

Except as otherwise provided in this document, the Contractor shall pay any government sales or excise tax in effect on the date of this agreement, including the Goods and Services Tax ("GST") and the Quebec Sales Tax ("QST"), provided that any increase or decrease in such taxes shall increase or decrease the amount of this contract accordingly.

21.0 Request for Final Payment

The request for final payment must be accompanied by the following documents:


Certificate of payment of all labour, materials, subcontractors, construction commission, CSST and source deductions.
A release statement stating that all subcontractors, material suppliers or others who have submitted a contract termination to the municipality, in accordance with the requirements of the Civil Code, have been fully paid.
The Contractor's certification that all damage caused during the work period (if any) will be fully repaired at the Contractor's expense.


Final payment will be made within 30 days of receipt of all required documents and formalities.

In the event that the contractor has provided a certified cheque as a guarantee of performance, the municipality will provide the contractor with its certified cheque.





Right of complaint:
Any person or group of persons interested in participating in the tendering process covered by this call for tenders (or their representative) may file a complaint with the Municipality regarding this process when it is of the opinion that the request for proposal contains conditions that:
Do not ensure fair and equitable treatment of competitors; or
Do not allow competitors to participate, although they are qualified to meet the expressed needs; or
Are not otherwise in compliance with the Municipality's normative framework.
To be admissible, the complaint must: be submitted by an interested person or group of interested persons to participate in the tendering process covered by this call for tenders (or their representative);
-be submitted electronically on the form determined by the Public Procurement Authority (PPA).
To be sent electronically to the following person and address :info@st-thuribe.net Reference: Valéry Dufour
Have been received by the complaint receipt deadline indicated on the Electronic Bidding System (OBCS); address the content of bid solicitation documents available no later than 2 days before the complaint receipt deadline indicated on the OBCS; address conditions that:
do not ensure fair and equitable treatment of competitors;
do not allow competitors to bid, although they are qualified to meet the expressed needs; or
are not otherwise in compliance with the Municipality's normative framework.

The complainant must also promptly forward a copy of this complaint to the GPA for information at the following address: formulaire.plainte@amp.gouv.qc.ca .
The Complaint Handling Procedure adopted by the Municipality is available on its website.
Any complaints received will be analyzed and treated fairly, in accordance with the procedure adopted by Council (complaint handling procedure) and the relevant provisions of the Municipal Code ("CM") in this regard.

The bidder may file a complaint with the GPA if, following a complaint made in accordance with this clause, the latter has not received the Municipality's decision three (3) days before the deadline for receipt of bids. He may also file a complaint with the GPA in the event of disagreement with the decision formulated by the Municipality, within the time limits indicated to him in the decision.
technical clauses
Call for Tenders 2019 - Snow Removal from Municipal Roads
Municipality of Saint-Thuribe
1.0 General Technical Requirements

The Municipality of Saint-Thuribe is requesting bids for a snow removal contract for municipal roads that will cover the following seasons:


Option A November 1, 2019 to May 31, 2020
Option B November 1, 2019 to May 31, 2022
Option C November 1, 2019 to May 31, 2024


2.0 Bidder's Responsibility

The bidder will have to make arrangements with the owners at the ends of the rows and on school bus trips to determine where it can encroach on private property for the return of machinery and for the deposit of snow.

Any ambiguity or inconsistency with respect to these elements must be reported in writing to the municipality so that the municipality can clarify their meaning to all bidders by addendum or otherwise.

3.0 Fuel Price Adjustment

Despite the price stipulated above, an adjustment, upward or downward, taking into account the variation in the price of diesel fuel will be made by the municipality in May of each year. The fuel price adjustment applies to the snow removal contract as described in this quotation and for the entire duration of the contract, according to the following terms and conditions:

The adjustment is calculated on the basis of the average of the fluctuations in the price of diesel fuel from November 1 to April 1

The reference price is the price at the time of contract award.

The change in the price of fuel will be calculated as follows:

Régie de l'énergie du Québec price per litre before taxes based on the average for the Capitale-Nationale region (region 3) on the first of each month, between November 1 and April 1.

The method for calculating the fuel price adjustment will be as follows:

The price of the 1st month minus that of the reference price / by the reference price X 100 = % fluctuation.

For each year of the contract, on May 1, the municipality will average the percentage changes for the 6 months covered (between November 1 and April 1)

Once this average has been calculated, the contract price for the year in question will be adjusted up or down by considering 10% of the average thus obtained.

For example, if the average for the 6 months shows an average upward fluctuation of 40%, the contract price for the year will be increased by 4%.

The adjustment for the fuel price will be calculated and claimed by the contractor once (1) a year, in May of each calendar year.


4.0 Mileage

The mileage must be verified by each bidder before submitting its bid.
The list of rows and roads to be maintained and the corresponding approximate mileage is described below for a total length of 20.35 kilometres:


Chalifour Road 0.83 km



Rue de l'Église 0.17 km



White River East Rank 4.31 km



Rang Saint-David 3.18 km

The row stopping at the tower


Rang St-Léon ( the road stopping in
the mountain exceeded the civic number 681),
main street and St-Joseph range 11.99 km


Nadeau Road 0.75 km
Rue François Garneau .14 km



Approximate total kilometres 20, 35 km



5.0 Maintenance Period

Maintenance of winter roads under the municipality's jurisdiction shall be carried out in a satisfactory and continuous manner each year during the reporting period, from the first to the last snowfall.


The use of the motor grader with comb or equivalent;
Roads must be cleared of snow before 6 a.m.


6.0 Dangerous places and guardrails

The contractor must pay great attention to the maintenance of hazardous areas and narrow passages; curves, railings, bridges, intersections, mandatory stop signs, etc. and in such a way as to prevent accidents and not to damage these structures. The contractor shall mark the guardrails on the approaches to the bridges.

7.0 Mailboxes

The contractor is responsible for any damage caused to the mailboxes of individuals located in the right-of-way of the road.

8.0 Traffic signs

The contractor is responsible for clearing and removing snow from traffic signs. Signs must be clear so that the written message can be read immediately after the storm.

9.0 Tags

The purchase, transport, installation, maintenance and removal of all beacons to facilitate snow removal operations and to protect municipal equipment are entirely at the contractor's expense.
10.0 Mechanical Icebreaking

If a layer of ice forms on the surface of the pavement, for any reason, the contractor must immediately pass a grader with serrated blades.

If, as a result of negligence, delay, lack of equipment or slowness in undertaking and completing this operation on time, it is the responsibility of the contractor to continue this work until the ice is removed. The municipal official, if he or she considers that the work is not satisfactory, may have it performed and claim reimbursement from the contractor, as provided for in the
section "Administrative clauses".

Whenever a mechanical scraper is used, the contractor must not cause damage to the surface of the pavement. The pressure applied to the serrated blade, while sufficient to remove snow or ice, must be controlled so as not to leave marks on the surface of the coating.

11.0 Chemical Icebreaking

Maintenance will necessarily include sandblasting of slopes (ribs), curves and stops. The length to be sanded before a stop, as well as those before and after the curves, must be at least twenty-five (25) metres long. The flow rate of abrasive to be deposited over these distances shall be a minimum width of one (1) meter. The contractor must also apply abrasives or chemical fluxes during ice pellets or ice storms to prevent the formation of ice layers.


Sandblasting of municipal roads including the "U" road in front of the Church and the parking of the municipal hall;


12.0 Thawing

Following rain or thaw, the contractor must clear shoulders and snow edges to release water that could accumulate on the surface of the pavement and prevent ice formation. If, due to the lack of these maintenance operations, the contractor has caused obstructions to the free flow of water, particularly in the area of culverts, ditches, catch basins, grids, etc., he must take the necessary measures to remove them.

13.0 List of Machinery

A complete list of the machinery and equipment available for the performance of the contract, including a grader with serrated blades, commonly referred to as a "grader", must be provided, and accompany the bidding slip.

In the event that the bidder does not own any machinery or equipment, it must attach a contract or promise to rent such equipment in good and due form, ensuring the availability of such equipment on short notice.

14.0 Malfunction

In no event shall the municipality be required to compensate the contractor for any inconvenience or damage suffered as a result of the equipment's malfunction or for any loss of time or delay resulting from its repair or maintenance.




15.0 Special Contractor Declaration

The successful contractor must notify the municipality in writing before each year of his contract that he has inspected the territory and that no obstacles exist that could cause damage to his machinery. If it does not mean anything in writing to the municipality, it will mean that everything is to its satisfaction.

16.0 Price Structure

It is understood that the price agreed in the contract covers all work and expenses. It is a fixed price, therefore at a loss or gain. Thus, for all the work specified in this quotation, the contractor will be entitled to receive only the amount agreed to in the contract.

The municipality of Saint-Thuribe reserves the right to modify the route of its network to be maintained. The cost will then be prorated to the total cost of the contract in relation to the new mileage requested.

When opening bids, the municipality will first choose between Option A, Option B or Option C or will reserve the right to reject all bids. Once the option is selected (Option A, B or C), the municipality will award the contract in accordance with the Act.

Opportunity closing date

16 September 2019

Value of contract

to be confirmed