CONTRACT AND SPECIFICATIONS

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1 CONTRACT AND SPECIFICATIONS MUNICIPAL DISTRICT OF BONNYVILLE NO. 87 for 2015 Asphalt Concrete Pavement- Mix Type M1 (PG 58-28)

2 2015-ACP-Mix Type M1 (PG 58-28) NOTE TO BIDDERS For information regarding this project, you may contact the Director of Transportation and Utilities of the Municipal District of Bonnyville No. 87 at (780) or his designate. Tenders must be received no later than a.m. local time on March 4, 2015 at the Municipal District of Bonnyville No. 87 office in Bonnyville, Alberta. Tenders will be opened at 11 a.m. local time on March 4, 2015 at the Municipal District of Bonnyville No. 87 office in Bonnyville, Alberta. Public may be present. Facsimile changes to the unit price schedule will be accepted. Facsimile (FAX) messages may be sent to (780) , marked ATTENTION: Darcy Zelisko CONTRACT OPENING on a copy of Form C58 found in this tender package. To be acceptable, the form must be received no later than 10:40 a.m. on March 4, 2015 The Owner reserves the right to accept or reject any or all tenders and to waive irregularities and informalities at its discretion. The Owner reserves the right to accept a tender other than the lowest tender without stating reasons. By the act of submitting its bid, the Bidder waives any right to contest in any legal proceeding or action the right of the Owner to award the work to whomever it chooses, in its sole and unfettered discretion, and for whatever reasons the Owner deems appropriate. Without limiting the generality of the foregoing, the Owner may consider any other factor besides price and capability to perform the work that it deems in its sole discretion to be relevant to its decision. The final decision on award of the tender is the sole discretion of the Municipal District of Bonnyville Council.

3 1. INSTRUCTION TO BIDDERS 1.1 CONDITIONS FOR TENDER SUBMISSIONS Bidders may submit tenders at the following location only: Municipal District of Bonnyville No. 87 PO Bag 1010 (61330 RR 455) Bonnyville, AB T9N 2J7 Phone Number: (780) Bidders may submit Tenders only up to a.m. local time on March 4, 2015 Bidders must submit Tenders on the forms issued with this Tender document. When submitting a Tender, all pages entitled Tender Forms and all addenda issued by the Municipal District of Bonnyville No. 87, must be submitted, sealed in the envelope provided, to the Director of Transportation and Utilities of the Municipal District of Bonnyville No. 87 at the above noted address, marked Tender for ACP- Mix Type M1 (PG 58-28) with the Tender number, time and date of tender opening clearly marked on the lower right hand corner of the envelope. A Bidder must indicate its name and address clearly in the upper left hand corner of the envelope so that the tender submission can be identified. The pre-addressed envelope issued with the tender documents should be used whenever possible. 1.2 COMPLETING TENDER FORMS The Unit Price Schedule must be completed by: showing the Unit Price (where applicable), and the total for each item in the Total Bid column; (in case of discrepancy, the unit price figure will take precedence), and showing the tendered lump sum (where applicable) in the Total Bid column, and showing the sum of all tender item totals in the space marked Total Tender. The tender must be signed by: an authorized representative of the Bidder: and the official title of the Bidder must be shown, and the official seal of the Bidder must be affixed, or the signature must be witnessed and the Affidavit of Execution of the Witness must be completed. The bid bond accompanying the Tender, in the amount of 10% of the Tender and made out to the Municipal District of Bonnyville No. 87, must be signed and sealed in the space provided, by both the Bidder or his authorized representative, and the Bonding Company. If a certified cheque or bank draft is used in lieu of a bid bond, it shall be made payable to the Municipal District of Bonnyville No. 87.

4 1.3 ADDENDA Addenda, when issued, form part of the Tender document. The Bidder shall acknowledge receipt of each addendum in the space provided on the Tender forms. The individual items included in the addendum shall be added, deleted or changed in accordance with the instructions contained in the addendum letter. A copy of each addendum will be inserted at the end of the Tender document. When an addendum is issued by the Owner, the covering letter containing instruction regarding the addendum shall be attached to the inside front cover of the Contract and Specifications book. The individual items included in the addendum shall be inserted in accordance with the covering letter. Addenda, when issued, form part of these contract documents. 1.4 CHANGES OR WITHDRAWALS OF TENDER SUBMISSIONS Bidders are advised that requests for withdrawal of Tender submissions must comply with the conditions of Alberta Infrastructure and Transportation s Standard Specifications for Highway Construction (Edition 12, 2005), Specification 1.2 General Specifications. The modified Tender may then be resubmitted in the same sealed envelope, no later than the time and date set for the receipt of the tender. Alternatively, if this change is to the unit price schedule only, the Bidder may send a facsimile (FAX) message to (780) , marked ATTENTION: Darcy Zelisko CONTRACT OPENING on a copy of Form C58 found in this tender package. To be acceptable, the form must be received by 10:40 a.m. local time on March 4, 2015 The Owner and the Consultant accept no responsibility for faxed changes. It is the Bidders responsibility to confirm receipt of any faxed changes. 1.5 PROJECT INQUIRIES For information regarding this project, you may contact: Mr. Darcy Zelisko Municipal District of Bonnyville No. 87 PO Bag 1010 Bonnyville, AB T9N 2J7 Phone Number: (780) PRE-TENDER MEETING There will be no pre-tender meeting for this contract.

5 1.7 SIGNED CONTRACT PACKAGE The Contract Forms, Statutory Declarations and any other applicable forms and schedules will be completed by the successful bidder and included in the signed contract. 1.8 SAFETY PRE-QUALIFICATION Contracts and subcontractors hired by the Municipal District of Bonnyville No. 87 shall attend a pre-job safety meeting with the Municipal District of Bonnyville Safety Officer. At this meeting contractors and subcontractors will be given the Municipal District s Safety Manual and are required to follow its policies. Contractors and subcontractors hired by the Municipal District of Bonnyville No. 87 will comply with the Municipal District of Bonnyville No. 87 Safety Program and/or Occupational Health and Safety Regulations. Contractors and subcontractors hired by the Municipal District of Bonnyville No. 87 will comply with WCB requirements for all contractors and subcontractors, 1.9 CONTRACT INFORMATION DOCUMENTS Reference Plans and Drawings Referenced plans and drawings which are not bound in this Tender document or found in Alberta Infrastructure and Transportation s Standard Specifications for Highway Construction (Edition 12, 2005) 1.10 RIGHT OF REFUSAL The Owner reserves the right to accept or reject any or all tenders and to waive irregularities and informalities at its discretion. The Owner reserves the right to accept a tender other than the lowest tender without stating reasons. By the act of submitting its bid, the Bidder waives any right to contest in any legal proceeding or action the right of the Owner to award the work to whomever it chooses, in its sole and unfettered discretion, and for whatever reasons the Owner deems appropriate. Without limiting the generality of the foregoing, the Owner may consider any other factor besides price and capability to perform the work that it deems in its sole discretion to be relevant to its decision. Final approval of the tender will be a Municipal District of Bonnyville Council Decision.

6 2. TENDER FORMS 2.1 BIDDERS SCHEDULE FOR WORK The commencement of the project will be informed to bidder at least one week in advance After the commencement date is informed, the bidder will be advised 24 hours prior to produce the quantity required The bidder agrees to produce the quantity within 24 hours from the time MD representative informs the firm Location of the plant has to be disclosed from where the material will be produced The product will be picked up and project continues on schedule, weather permitting. MD of Bonnyville reserves the right to cancel any prior confirmed order if weather changes and is unsuitable for construction. Contractor s Signature Date

7 2015 Crushing, Mixing and Stockpiling 2.2 TENDER FOR CONSTRUCTION To the Director of Transportation and Utilities, of the Municipal District of Bonnyville No. 87 of the Province of Alberta: (Name of Contractor) the undersigned hereby tenders and agrees to execute and construct all work of every description required in the construction and final completion of the following work: Produce 25,000 tonnes Asphalt Concrete Pavement Mix Type M1 (PG 58-28) in strict accordance with the plans and specifications, for the unit prices in the unit price schedule enclosed. The undersigned acknowledges receipt of the following addenda,,,, which shall form part of the Tender document.

8 2.3 UNIT PRICE SCHEDULE Bid item Description Estimated Quantities Unit Prices 1 Produce Asphalt Concrete Pavement Mix Type M1 (PG 58-28) 25,000 t $ per tonne The material has to be produced within 24 hours after a MD representative informs the firm. MD of Bonnyville # 87 reserves the right to award the tender to the firm with close proximity of the plant even if the firm fails to provide the lowest quote. MD reserves the right to amend the tendered quantities as based on the approved budgets. Date: Contractor s Signature:

9 2015 Crushing, Mixing and Stockpiling 2.4 LOCATION OF CONTRACTOR S PLANT: ¼ Section Section Township Range W. of Meridian Address: Town /City: Province Other Description: Supplier s Name (where applicable): Address: Date: Contractor s Signature:

10 2.5 TENDER AGREEMENT The Owner reserves the right to accept or reject any or all tenders and to waive irregularities and informalities at its discretion. The Owner reserves the right to accept a tender other than the lowest tender without stating reasons. By the act of submitting its bid, the Bidder waives any right to contest in any legal proceeding or action the right of the Owner to award the work to whomever it chooses, in its sole and unfettered discretion, and for whatever reasons the Owner deems appropriate. Without limiting the generality of the foregoing, the Owner may consider any other factor besides price and capability to perform the work that it deems in its sole discretion to be relevant to its decision Tender Security The Undersigned encloses herewith as a deposit, a bid bond or a certified cheque payable to the Municipal District of Bonnyville No. 87 of the Province of Alberta for ten percent (10%) of the Tender Bid Amount. The successful bidder will be required to provide a Performance Bond for 50% of the Contract Value within 15 days of award of the tender. Failing to do so may result in tender being awarded to the next lower bidder and the bid bond deposit will be forfeited Tender Withdrawal The undersigned hereby agrees that he will not withdraw this tender after the time fixed for receiving tenders, a) until some other person has entered into a contract with the Municipal District of Bonnyville No. 87 for the performance of the work and/or the supplying of the materials specified in the notice inviting tenders, or b) until thirty-five (35) days after the time fixed for receiving this tender, whichever first occurs. 2.6 AGREEMENT Should this tender be accepted, the undersigned agrees to enter into written agreement with the Municipal District of Bonnyville No. 87 for the faithful performance of the works covered by this tender, in accordance with the said plans and specifications. Product should be available between May 15, 2015 to Oct. 31, 2015 or as mutually agreed to by the Municipal District of Bonnyville No 87 and the Contractor. A penalty of $ 1000/day will be imposed if the product is not ready within the timeline specified.

11 2.7 TENDER SIGNING AND SEALING An authorized signing officer shall affix his signature to this Tender. The Tender shall be either sealed with the Company Seal, or the Affidavit of Execution of the Witness shall be completed. Failure to comply may result in the tender being rejected. AFFIDAVIT OF EXECUTION CANADA PROVINCE OF ALBERTA TO WIT: I, of the Town of in the Province of make oath and say: (Seal) That I was personally present and did see named in the annexed instrument, and who is known to me to be the person named herein, duly sign and execute the same for the purposes named therein; that the same was executed at the of in the said Province, and that I am the Subscribing witness thereto; That I personally know the said and he is in my Belief of the full age of eighteen years. SWORN before me at the Town of in the Province of Alberta, this day of Witness Sign here Contractor s Name (Company Name) Authorized Address Postal Code Contractor s Telephone Number Witness

12 A Commissioner for Oaths in and for the Province of Alberta Date Municipal District of Bonnyville No CONTRACT FORMS Municipal District of Bonnyville No. 87 Contract (Page 1) THIS Agreement made and concluded in triplicate as of this day of, 2015, between the Municipal District of Bonnyville No. 87 (hereinafter called the Municipality ) of the first part and of the in the Province of (hereinafter called the Contractor ) of the second part. WITNESSETH, that for and in consideration of the covenants and agreements on the part of the Municipality, hereinafter contained and the prices hereinafter mentioned, the Contractor for himself, his executors, administrators and assigns, covenants and agrees with the Municipality to do, furnish and perform the works, materials, matters, and things required to be done, furnished and performed, in the manner hereinafter described, in connection with the following work or works, namely: Produce 25,000 tonnes Asphalt Concrete Pavement Mix Type M1 (PG 58-28) in strict accordance with the plans and specifications of said work hereto attached, and to deliver the same over as per the agreed upon schedule of and availability of finished product, and to work as mutually agreed to by the Municipal District of Bonnyville No. 87 and the Contractor.

13 Municipal District of Bonnyville No. 87 Contract (Page 2) It is mutually agreed that the attached tender or proposal and bond of the Contractor, together with the plans, specifications and any special provisions herein designated and referred to are hereby made and shall be considered part of this Agreement the same as if herein fully set forth. IN CONSIDERATION WHEREOF, and upon the Contractor fully completing and executing in every particular the work herein contracted for within the time hereinbefore set out, and upon the said Contractor satisfying the said Municipality that all just claims for labor and materials and for damages in connection with the work have been paid, the said Municipality covenants, promises and agrees to pay unto and to the said Contractor for the actual amount of work done and materials in place at the unit prices stated in the Contractor s attached proposal or tender. IN WITNESS WHEREOF, the Contractor has hereunto set his hand and seal as of the day and year herein mentioned, and these presents have been signed and sealed by the representatives of the Municipality, on behalf of the Municipal District of Bonnyville No. 87. SIGNED, SEALED AND DELIVERED BY THE CONTRACTOR IN THE PRESENCE OF: Witness Contractor SIGNED AND SEALED ON BEHALF OF THE MUNICPAL DISTRICT OF BONNYVILLE NO. 87 per Witness per

14 4. TENDER AMENDMENT FORMS We, (Name of Contractor) the undersigned, modify the unit price schedule for our tender as shown in the following table: Item No. UNIT PRICE SCHEDULE CHANGES Replacing ALL previous Unit Price Schedule changes Estimated Unit Price Description Quantity Change +or- Total Change For This Item =or- Increase (+) or Reduce (-) We also acknowledge and agree that: 1. This change supersedes all previous changes including those to other bid items. Previously submitted changes are null and void. 2. We accept full responsibility for any lack of confidentiality arising from the use of this process. 3. Failure of these revisions to arrive on time, accurately or completely for any reason will render these revisions null and void. Signature being Position in Company of Company Name dated Date The Municipal District of Bonnyville No. 87 is not responsible for faxed amendments not being received. -Form C58-

15 5. SPECIAL PROVISIONS 5.1 STANDARD SPECIFICATIONS, SPECIFICATION AMENDMENTS AND TYPICAL DRAWINGS All reference to Specifications in this tender document will be understood to mean Alberta Infrastructure and Transportation s Standard Specifications for Highway Construction (Edition 12, 2005) unless otherwise noted. 5.1 Definitions The word Owner or Department shall mean the Municipal District of Bonnyville No Goods and Services Tax (G.S.T.) Bid prices are to exclude the Goods and Services Tax on all materials and services supplied by the Contractor and incorporated into the work. The Owner will include the applicable Goods and Services Tax payment on the monthly and final progress payments. 5.3 HOLDBACK ON MONTHLY PROGRESS PAYMENTS Holdback will be assessed as per Section in the General Specifications. The Holdback will be ten (10%) percent for this contract and held for a minimum period of forty-five (45) days after project completion Control of Equipment The Contractor shall carefully control all equipment and work operations so that his operations do not extend beyond the designated working limits unless otherwise specifically authorized by the Engineer. The contractor will submit the Mix design to MD of Bonnyville Fourteen (14) days prior to start mixing at the location specified by the MD representative. The contractor will not be allowed to start mixing till the contactor provided the Mix Design. The Contractor shall provide representative samples of the materials and supply and verify the mix design. The cost of the mix design will be borne by the Contractor. The Contractor shall provide quality control testing of the mix produced by an independent certified testing agency at a rate of 1 oil content and gradation every 5000 tonnes of mix produced. No payment shall be made if the contractor fails to produce the above mentioned test results on a regular basis. Mixing will be shut down till the contractor produces the test results for every 5000 tonnes of mix produced. The aggregate proportioning and asphalt content for the approved mix design will then be the Job Mix Formula for the production of Hot Mix.

16 5.5 Measurement Accepted Asphalt Concrete Pavement Mix Type M1 (PG 58-28) material will be measured in tonnes and paid for at the unit bid price per tonne. This payment will be full compensation for the product produced. The owner reserves the right to increase the quantity of the contract at the contracted price up to a maximum of 20% of the bid quantity Payments Payment for producing Asphalt Concrete Pavement Mix Type M1 (PG 58-28) will include in the unit price bid per tonne and no separate payment will be made. This payment will be full compensation for producing Asphalt Concrete Pavement Mix Type M1 (PG 58-28), processing the material. Any expenses incurred in completing the work shall be borne by the Contractor. Payments will be made on a mutually agreed upon payment schedule. 6. ADDENDA

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