snow clearing & ice control – labrador regions areas: …

C.E.O./Director of Education: Anthony Stack Chair: Goronwy Price ____________________________________________________________________________________________________

TENDER NLESD-21-330

The Newfoundland & Labrador English School District invites Tenders for the following:

SNOW CLEARING & ICE CONTROL – LABRADOR REGIONS

AREAS: 1 & 3

CLOSING DATE: TUESDAY, OCTOBER 19th, 2021 @ 2:30pm TENDER OPENING: TUESDAY, OCTOBER 19th, 2021 @ 2:30pm

DIRECT INQUIRIES TO: Mark Green [email protected]

Tender document MUST be obtained from either:

www.pods.net (888-889-7637) OR www.bidsalert.ca (800-397-0393)

Tender Bids MUST be submitted via EMAIL. The SUBJECT LINE of the email MUST clearly identify the TENDER NUMBER and must be submitted no later than the closing date & time listed above.

Tenders must be submitted to [email protected]

mailto:[email protected]


2 NLESD-21-330 Snow Clearing & Ice Control – Labrador Region – Areas: 1 & 3

IMPORTANT CHANGES TO BIDDING PROCESS

In order to adapt to the COVID-19 pandemic, the Newfoundland and Labrador English School District (the District) has made temporary changes to its tendering process. It is the responsibility of the Bidder to familiarize themselves with the following changes so that disqualification, due to incompliant bid submission, is avoided. Bids must be submitted via email to [email protected] no later than the Closing Date & time

listed above. Tender number must be clearly entered in the subject line of the email.

The subject line of the email, containing the Bid must clearly state NLESD-21-330; otherwise the bid may be rejected.

Bids submitted by fax, mail, courier, drop off, or any other means of delivery other than by the

email stated above will NOT be accepted. If submitted correctly, the Bidder should receive an email stating “Received Bid for Tender

NLESD-21-330”. Should the Bidder receive an email that states “Bid Submission is invalid or incomplete”, after

submitting bid to [email protected], the onus is on the Bidder to confirm the subject line has been entered correctly and that all pertaining documents have been correctly attached, before resubmitting bid.

Bidders are cautioned that the timing of their bid submission is based on when the bid is

RECEIVED, not when the bid is submitted as bid transmission can be delayed due to file transfer size, transmission speed, etc. It is strongly recommended that Bidders give themselves sufficient time to complete their bid submission and to resolve any issues that may arise.

It is important to note that the District Purchasing Department cannot access the

[email protected] account before the Tender Closing Date and Time; therefore, all questions and concerns regarding the Tender documents must be submitted, via email, to the Buyer listed on the cover page and Section B – Scope & Specifications, of the Tender documents.

Due to the current COVID-19 situation, there will not be a Public Opening of this Tender; instead

the opening of Bids will be done via Video Recording, by two (2) representatives of the District, at the scheduled closing time.

Bidders are advised that attachments should not exceed 25MB in total. Should attachments exceed 25MB, the email submission may not be received by the system. Bidders can submit more than one email to ensure that all required documentation is received. However, the subject of each email must state the tender number in the format provided above.





NOTES TO BIDDER

1. CONTRACT The Successful Bidder will be required to enter into a formal Contract with the District within 10 days of award of Tender. A sample copy of the Contract is attached in Appendix C.

2. TERM OF CONTRACT The duration of this Contract is for a term of 19 months commencing on November 1, 2021 and terminating on May 31, 2023 unless extended in accordance with the terms of the Contract.

3. BIDDING SECURITY

The Bid Deposit previously requested, has been replaced with a mandatory Bid Security, of 10% of the submitted annual Tender Price

4. PRICING A separate document, NLESD-21-330 Price Chart.xls, must be completed and submitted with the Bid Form. Pricing provided is to be lump sum per school year for both snow clearing and ice control (salting and sanding) combined. A unit price must also be provided for an hourly rate per piece of equipment for snow removal if required, which would apply for the term of the Contract, and only be carried out upon the request of the Director of Facilities and Custodial Management or designate and a District issued Purchase Order. The lump sum pricing per school year and the unit pricing will be used in the Tender evaluation, using a Blended Rate as per the attached NLESD-21-330 Price Chart.xls. 5. EQUIPMENT The Equipment Chart must be completed in full, including the serial numbers of the equipment to be used. Please refer to NLESD-21-330 Appendix A – Areas and Equipment for further information regarding equipment requirements. Note: The above information is provided for information purposes and the clauses contained in the

Contract shall take precedence. Bidders are responsible to review and understand the Contract in its entirety.


SECTION A - INSTRUCTIONS TO BIDDER GENERAL

1. This Open Call for Tenders is carried out in accordance with section 6(iv) of the Public Procurement

Act. Due to the current COVID-19 situation, there will not be a Public Opening of this Tender; instead the opening of Bids will be done via Video Recording, by two (2) representatives of the District, at the scheduled closing time.

2. Tender Documents must be obtained through BIDS or PODS. Any change or modification to the Tender specifications will be made in writing only. Any verbal representation made by either the Bidder or the District will not be considered to be binding on either party.

3. For the purpose of this document, Newfoundland and Labrador English School District will be referred to as the “District”. “Bidder” will refer to any entity that intends to submit a bid for this Tender. “Successful Bidder” will refer to the Bidder with which the District intends to enter into a Contract for the services described in this Tender, as determined by the District, and “Contract” refers to the Contract entered into by the District and the Successful Bidder in the form attached to the Tender at Appendix C.

4. Any errors or oversights in this Tender, or any clarifications that may be required, are to be brought

to the attention of the District. Bidders will not be given an advantage due to errors, omissions or ambiguities that may be present in this Tender.

5. Interpretations or explanations will not be considered part of the Tender Documents. Clarifications or changes will be issued in the form of an Addendum to all Bidders recorded as receiving Tender Documents by BIDS and PODS. Bidders must insert the number of all Addenda to this Tender in the Bid Form and if no Addenda have been received, the word “none” should be inserted. If the space is left blank, all Addenda will be deemed to have been received. Bidders are cautioned that it is their responsibility to ensure that they receive all information relevant to this Tender.

6. To request a change to any submitted bid, Bidders must complete the Bid Amendment Form located in Appendix B and submit by email to [email protected]. Requests for change will be accepted up to one (1) hour prior to Tender closing on the day of closing. The bidder must confirm with Purchasing Staff that their change has been received.

7. Any questions or clarifications concerning this Tender must be submitted no later than 48 hours

(excluding weekends/holidays) by email prior to the Closing Date/Time.

8. The District will not be responsible for Bidders who fail to inform themselves regarding the scope and nature of the work.

9. Bids received after the Closing Date/Time will not be considered. If only a portion of the bid is received by the Closing Date/Time, the bid will be considered incomplete and will not be accepted.

10. Bids submitted by fax, mail, courier, drop off, or any other means of delivery other than by the email stated above will NOT be accepted.



11. All bids and accompanying documentation are considered the property of the District.

12. The District reserves the right to obtain materials/services from a vendor other than the Successful

Bidder in event of non-compliance with the terms of the Tender 13. Terms and conditions pertaining to the goods and/or services are set out under Section B - Scope

and Specifications and will take precedence over any inconsistent or conflicting terms in Section A – Instructions to Bidder.

14. The Bid Form must be signed by an authorized officer of the Bidder, if the Bidder is a company or by an authorized person if the Bidder is a partnership or sole practitioner.

15. All costs incurred by the Bidder in responding to this Tender are the responsibility of the Bidder. The District is not liable for any costs in the preparation or presentation of bids.

16. Bids must remain open for acceptance and are irrevocable for a period of 60 days after the Tender Closing Date.

17. Bids must include all costs including permits, fees, all overhead and profit, insurance premiums, applicable taxes and all other charges.

18. All bids must be in Canadian funds.

19. Bidders should note that procurements falling within the scope of the Canadian Free Trade Agreement and/or the Canada-European Union Comprehensive Economic Trade Agreement are subject to those trade agreements but that the rights and obligations of the parties will be governed by the specific terms of this Tender.

20. The Atlantic Provinces Standard Terms and Conditions apply to this Tender and may be obtained from the Public Procurement Agency, or by way of the Internet at www.ppa.gov.nl.ca. These Terms and Conditions shall apply only to those documents that reference them specifically. In the event that any conflict or disagreement between these Terms and Conditions and the Tender, the Tender has precedence and will be assumed to be correct.

21. Bid amounts will remain unchanged for the full period of the Contract

22. The District reserves the right not to accept the lowest or any bid.

23. The District reserves the right to cancel the Tender at any time without any consequences to itself.

24. The District may publicly disclose the terms of the bid.

25. The financial value of a Contract resulting from this procurement process will be publicly released as part of the award notification process.

http://www.ppa.gov.nl.ca/


CONFIDENTIALITY – BID SUBMISSION MATERIALS AND ATIPPA 26. This procurement process is subject to the Access to Information and Protection of Privacy Act,

2015.

27. The bidder agrees that any specific information in its bid that may qualify for an exemption from disclosure under subsection 39(1) of the Access to Information and Protection of Privacy Act, 2015 has been identified. If no specific information has been identified it is assumed that, in the opinion of the bidder, there is no specific information that qualifies for an exemption under subsection 39(1) of the Access to Information and Protection of Privacy Act, 2015.

28. The District is not liable for any claims, costs, losses or damages by any Bidders as a result of the

District’s release of information pursuant to ATIPPA. TENDER EVALUATION 29. The District reserves the right to reject any bid that does not meet the Tender requirements as

stipulated herein. All required documentation is to be included with the bid.

30. The District reserves the right to reject any bid from Bidders that have failed to fulfill their obligations under any prior contract with the District in the one year period prior to the Closing Date.

31. Bids containing qualifications or determined not in compliance with Section A - Instructions To Bidder will be rejected by the District.

32. Bids that are unsigned, improperly signed, illegible, obscure, contain arithmetical error, erasures, or irregularities of any kind, may be rejected by the District.

33. If a bid fails in some way to comply with the specific requirements of the Tender, which in the sole discretion of the District is not material, the District may waive the irregularity and accept the bid.

34. The District reserves the right to accept any part or all of a bid.

35. Bids will be evaluated using the TOTAL TENDERED PRICE PER AREA derived from a Blended Rate in the Price Chart (NLESD-21-330 Price Chart.xls). Each Area will be awarded independently. In case of error in the Total Tendered Price calculation, Unit Price will govern.

SUCCESSFUL BIDDER

36. The Successful Bidder may be required to demonstrate compliance with the terms, conditions, and

specifications of the Tender.

37. The Successful Bidder must provide evidence of insurance requirements as set out in the Contract in Appendix “C”. The equipment listed in the Bid Form must be listed in the Successful Bidder’s Certificate of Insurance and the Certificate provided within 5 business days of award of the Tender.


TENDER SURETY AND BONDING

38. Bidding Security

The District will accept bid securities in the following formats: Certified Cheque Bank Draft Bid Bond Digital bond (eBond) Certified Cheque, Bank Draft or Bid Bond: A scanned copy of the bid security in the form of a certified cheque, bank draft or acceptable bid bond in the amount equal to 10% of the annual Tender price must be submitted with the bid. The District will make arrangements with the Successful Bidder to submit the original bid security within 3 days of request. Digital Bond (eBond): Digital bonds must be in the amount of 10% of the annual Tender price and must be submitted with the bid. Digital Bonds are to be in an electronically verifiable/enforceable format and all instruction details for accessing authentication are to be included with the digital bond. For more information on digital bonds, bidders are to contact their surety company. The bid security will be retained and/or a claim made against the bid security by the District if the Successful Bidder fails to execute the formal Contract within 10 days after notice of award is provided to the Successful Bidder. Successful Bidders will have their bid deposits returned upon signing of the formal Contract. Unsuccessful bidders will have their deposit and/or bid security returned after awards have been made. All cheques, bank drafts, bid bonds, and digital bonds must be made out in favour of the Newfoundland and Labrador English School District.

WORKPLACENL CLEARANCE LETTER 39. The Bidder must be in “Good Standing” with WorkplaceNL, formally known as Workplace Health,

Safety and Compensation Commission of Newfoundland and Labrador as of the Tender Closing Date of this Tender. A Certificate of Good Standing must be included in the bid.

SUPPLIER PERFORMANCE 40. The District may suspend a supplier from participating in its procurement process for prescribed time periods based on past performance or based on inappropriate conduct included but not limited to the following:


a. Illegal or unethical conduct; b. The refusal of the supplier to honour its submitted pricing or other commitments; c. Engaging in litigious conduct, bringing frivolous or vexatious claims in connection with

the District’s procurement processes or contracts, or engaging in conduct obstructive to a fair competitive process; or

d. Any conduct, situation, or circumstance determined by the District, in its sole and absolute discretion, to have constituted an undisclosed Conflict of Interest.

In advance of a decision to suspend a supplier, the District will notify the supplier of the grounds for the suspension and the supplier will have an opportunity to respond within a timeframe stated in the notice. Any response received from the supplier within that timeframe will be considered by the District in making its final decision.


SECTION B - SCOPE & SPECIFICATIONS ARTICLE 1 - GENERAL 1.1. The District reserves the right to evaluate the adequacy of the Equipment List, relative to the

number of Areas tendered before awarding the Contract.

1.2. Before submitting a Tender, Bidders are advised to visit the site(s) and fully inform themselves of the existing conditions and limitations. Subsequent claims resulting from the failure to properly examine the site will not be considered. Site plans can be found in the attached document, NLESD-21-330 Site Plans.pdf

1.3. Each Area identified in this section of the specifications will be covered by a separate Contract.

Therefore, the Bid Form Price Chart must be completed for each Area the Contractor is bidding on. Each Area must be bid on in its entirety indicating the lump sum price, per hour/per piece of equipment price, and HST separately, as per the Bid Form Price Chart.

1.4. A Bidder’s past performance in completion of prior Contracts, to the District’s satisfaction, may

be considered for evaluation purposes. ARTICLE 2 - EQUIPMENT

2.1 The following is a list of equipment, which has been deemed as acceptable for execution of

Contract for each Area. CONTRACTOR MUST MEET OR EXCEED REQUIREMENTS OUTLINED BELOW UNLESS THE DISTRICT HAS APPROVED AN ALTERNATIVE:

ALL AREAS: One (1) truck equipped with a mechanical sand/salt spreader and plow

attachment (Spreading of salt and sand manually is not permitted).

AREA MINIMUM NUMBER, SIZE AND TYPE OF EQUIPMENT ACCEPTABLE FOR PERFORMANCE OF WORK IN EACH AREA

1 – Goose Bay Area Queen of Peace Middle School Peacock Primary School Mealy Mountain Collegiate Regional Office

2 Front End Loaders and Sand/Salt Spreading Equipment

3 – Labrador West Menihek High School AP Low Primary JR Smallwood Middle School Tamarack Apartments

2 Front End Loaders and Sand/Salt Spreading Equipment

NOTE: BUCKET MEASURED BY WATER HOLDING CAPACITY


2.2 Please refer to NLESD-21-330 Appendix A – Areas and Equipment for further information

2.3 The Bidder must provide the following documentation for all equipment, as per the following

timeline, from date of notification of being the Successful Bidder:

2.3.1 Registration and proof of ownership, including serial numbers, of all equipment listed in the completed Equipment List - 3 business days

2.3.2 Lease agreement (where applicable) - 3 business Days 2.3.3 Original copy of bid security - 3 business days 2.3.4 Proof of insurance - 5 business Days

A District representative may arrange equipment inspection visits at Successful Bidders place of work to confirm equipment ownership (or lease agreement) and equipment condition. Such inspection, if deemed necessary by the District, will be completed as a condition of award of the Tender and prior to entering into the Contract. Note: If the equipment is leased, then a valid leasing agreement for the periods of November 1, 2021 to May 31, 2022 and October 1, 2022 to May 31, 2023 will be accepted.

2.4 If due to limited access and working space a smaller machine is required to facilitate snow

clearing, the District reserves the right to accept the use of such equipment for selected Areas only as determined in consultation with the Director of Facilities and Custodial Management or designate. Payment for such equipment shall be on a negotiated lump sum price. However, the Tender must be completed using the equipment as specified.


BID SUBMISSION CHECKLIST Bids must be submitted via email to [email protected] no later than the Closing Date & time listed above. Tender number must be clearly entered in the subject line of the email. The following MUST be included with the Bid submission:

Documentation

Completed Price Chart NLESD-21-330 Price Chart.xlxs

Completed Bid Form

Bid Security (please see Section A, Article 38 for further instructions)

Letter of Good Standing from WorkplaceNL (formally the Workplace Health, Safety and Compensation Commission)

Upon notification of being the Successful Bidder the District Representative will provide the bidder a Contact Information Form. This form must be completed and submitted back to the District Representative within 5 business days. The Bidder must provide the following documentation for all equipment, as per the following timeline, from date of notification of being the Successful Bidder.

Registration and proof of ownership, including serial numbers, of all equipment listed in the completed Equipment List - 3 business Days

Lease agreement (where applicable) - 3 business Days Proof of insurance - 5 business Days

NOTE: Failure to submit any of the above items with the bid or failure to provide the above documentation

within the times specified may result in disqualification of bid.



BID FORM (Page 1 of 3)

PROJECT: SNOW CLEARING AND ICE CONTROL CLOSING DATE: OCTOBER 19, 2021 TENDER #: NLESD-21-330 OWNER: NEWFOUNDLAND AND LABRADOR ENGLISH SCHOOL DISTRICT 95 Elizabeth Avenue, St. John’s, NL A1B1R6 BIDDER: ___________________________________________ ******************************************************************************************************************** ARTICLE 1 EQUIPMENT 1.1 Having carefully examined the specifications and the various sites where the work is to be done,

the Bidder hereby Tenders for snow clearing and ice control for the Areas and dates as noted herein.

1.2 The bid prices shall be the inclusive cost to the District and shall include all taxes, royalties,

custom duties, foreign exchanges, transportation costs, traveling time, overhead, profit, fringe benefits, administrative costs, coordination fees and insurance costs.

1.3 The Successful Bidder will keep available to the District, the following pieces of equipment on a

FIRST SERVE BASIS and in good operating condition:

TYPE/MAKE OWNER H.P. CAPACITY LICENSE SERIAL NUMBER



ARTICLE 2 TENDER PRICES 2.1 Bidders are required to complete the attached price chart (NLESD-21-330 Price Chart.xlxs),

which must be submitted with the Bid Form.

Any Area being bid must be completed in its entirety. Bidder is to indicate Yearly price, Unit Price per Hour, and Per Piece of Equipment, Blended Rate, HST amount and Total Tendered Price amount

Tender Prices for both 2021-2022 and 2022-2023 must be transferred to the following table:

AREA TOTAL PRICE FOR

2021-2022 TOTAL PRICE FOR

2022-2023 TOTAL TENDERED PRICE PER AREA

*I *R S = I + R

1

3

*Values to be transferred from I & R in the NLESD-21-330 Price Chart.xlxs ARTICLE 3 GENERAL AGREEMENT 3. The Contractor also agrees: .1 That all relevant clauses of the specifications have been complied with. WE hereby acknowledge receipt of the following number of addenda:

# of Addenda Initial ________



ARTICLE 4 SIGNATURES

(PLEASE PRINT INFORMATION CLEARLY & LEGIBLY)

In order for a bid to be valid, it must be signed by duly authorized officials as indicated in the section

Instructions to Bidders.

_________________________________________________________________________________ Contractors Name Phone Number Fax Number _________________________________________________________________________________ Contractors Address City and Postal Code _________________________________________ __________________________________ Contractors EMAIL address HST # _____________________________________ Signed By (SEAL) _____________________________________ Witnessed By _____________________________________ Date NOTE: IN SUBMISSION OF THIS TENDER THE CONTRACTOR ACKNOWLEDGES RECEIPT OF ALL

DOCUMENTS AND ANY SITE PLANS (WHERE AVAILABLE) PERTAINING TO THE SCOPE OF WORK.


APPENDIX B

BID AMENDMENT FORM


BID AMENDMENT FORM

(If required)

Bid amendments must be submitted to The Newfoundland and Labrador English School District’s Procurement Department either by fax at (709) 758-1016 or email at [email protected].

Emailed amendments must indicate the Tender number in the subject line. Amendments to submitted bids will be accepted up to one (1) hour prior to Tender closing on the day of

closing. Amendments received after this time will not be accepted. It is the responsibility of the bidder to ensure amendment has been received. Therefore, the bidder

must confirm receipt of amendment with Purchasing Staff.

COMPANY NAME: COMPANY MAILING ADDRESS: COMPANY CONTACT INFORMATION: Tel No.: Fax No.: Email: TENDER NAME AND NUMBER: NUMBER OF ADDENDA RECEIVED: INITIAL: ___ We hereby INCREASE our TOTAL TENDERED PRICE for Area _________ by: $_____________________________ We hereby DECREASE our TOTAL TENDERED PRICE for Area _________ by: $____________________________ Sign Print Date



APPENDIX C

SAMPLE CONTRACT


Agreement for Snow Clearing & Ice Control

AGREEMENT # _______________________________

Between NLESD (the District) And Contractor: _________________________ Date: ________________________


Agreement for Snow Clearing and Ice Control

THIS AGREEMENT made at in the Province of Newfoundland and Labrador this day of , 20XX. BETWEEN: NEWFOUNDLAND & LABRADOR ENGLISH SCHOOL DISTRICT

(“District”) AND:

(“Contractor”) WHEREAS the District requires the provision of snow clearing and ice control services for the properties as described in the schedule(s) attached hereto and forming part of this Agreement; AND WHEREAS the Contractor has agreed to provide the said snow clearing and ice control services to the District; NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the mutual covenants, agreements and undertakings herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows:

1. Definitions For the purposes of this Agreement, the following Definitions are agreed upon:

Term Definition This Agreement This Agreement includes the Schedules to the Agreement and, as the

context requires, an extension of this Agreement. Contractor The corporation or individual supplying the services that are the subject

of this Agreement. District The District includes authorized officers and employees of the District. Monthly Rate The fixed monthly rate, based on the Yearly Tender Price as set out

Article 2 of the Bid Form in the tender documents. Motor Registration Division

Motor Registration Division of Digital Government and Service NL of the Government of Newfoundland and Labrador.


2. Contract Term and Early Termination

2.1 Term This Agreement shall commence on November 1, 2021 and terminate on May 31, 2023 subject to extension or termination as set out below in Articles 2.2 and 2.3 respectively.

2.2 Option to Request Extension The District retains the option to request an extension of this Agreement, exercisable once during the term of this Agreement. The extension term(s) is at the option of the District. The District’s written notice requesting an extension will be given to the Contractor no later than May 1st of the preceding school year in which the option is to be exercised. The Contractor shall either accept or decline the extension offered within the date specified by the District in its written notice. If the extension is declined, the Agreement will terminate on May 31, 2023. 2.3 Termination by the District This Agreement may be terminated by the District forthwith on notice in writing should the Contractor, in the sole discretion of the District acting reasonably:

(a) on at least two occasions, receives written notice from the District for failure to carry out their obligations under the Agreement in an acceptable manner or fail to make available the equipment specified in the bid form. The District reserves the right to decide whether or not to terminate the Agreement in any given circumstance and the failure by the District to terminate following a second occurrence shall not constitute a waiver of any prior occurrence.

(b) be proven to be inefficient in carrying out the operations.

(c) cause damage to property resulting from intentional acts or neglect and/or the non-installation of sufficient and adequate markers.

(d) employ unlicensed operators to operate equipment which requires operators to be licensed under the Highway Traffic Act.

(e) use faulty equipment.

(f) use equipment other than the equipment approved by the District in awarding the contract as listed in Article 1.3 of the Bid Form in the tender, unless otherwise approved by the District.


(g) or any other justifiable reason.

2.4 Termination by the Contractor The Contractor may terminate this Agreement if the District fails to make payments as required, except as permitted under the Agreement, and the failure continues for a period of 30 days following written notice from the Contractor. 2.5 Payment on Early Termination Where early termination occurs, the Contractor will be paid on a quantum meruit basis for services performed up to the date of termination and shall have no claim with respect to any remaining term. 3. Services 3.1 Services to be Provided The Contractor agrees to supply the labour, materials, equipment and services required under Schedule B for each school site in the Area listed under Schedule A.

3.2 Alteration of scope of work by the District Without invalidating any provisions of the Agreement the District may delete schools to be cleared from Schedule A. Any credits associated with any deletions are to be determined from the tender breakdown per lot proportionate to the value of the Agreement for that lot and the services rendered to date. Any costs for work performed in any added Areas will be determined in consultation with the parties involved. 4. Contractor’s Covenants 4.1 The Contractor covenants:

a. To perform the work under this Agreement in compliance with laws, regulations and orders of all applicable governmental, municipal and other competent authorities that are presently in effect or which become effective during the performance of the Work, and Contractor shall be responsible for all consequences which may arise because of non-compliance with such requirements, including, without limitation, paying all fines and penalties for contravention of such requirements.

b. To comply with all policies and procedures as stated in the Occupational Health and Safety Program of the Newfoundland and Labrador English School District.

c. To keep the necessary equipment in good operating condition at all times including its noise reducing parts and shall, if requested, furnish proof that he has arranged for stand-by


equipment in the event of a major breakdown of the equipment listed in the tender.

d. To immediately replace any equipment used in the Agreement found to be unacceptable.

e. To employ experienced and licensed, where applicable, operators for the work to be performed.

f. To obtain any permits required from any municipalities for the operation of snow clearing equipment within their jurisdictions: including, but not limited to, any permits required under applicable Maintenance Noise By-Laws. The Contractor shall be solely responsible for any associated costs for these permits.

g. To obtain approval for off-site disposal of snow and obtain any necessary permits. The Contractor shall be solely responsible for any associated costs for these approvals/permits.

h. To provide the Director of Facilities or designate with a 24-hour contact by means of an

acceptable communication system.

i. To submit to the District a listing of existing damages, upon awarding of the contract, for verification by the District to avoid disputes at completion of the contract. If no list of existing damages is received it is assumed that the grounds are in good condition. The Contractor shall therefore be held liable for any and all damages discovered.

j. To immediately report to the Director of Facilities or designate, and correct in an expedient

manner, all damages to buildings, grounds, pavement, curbs, sidewalks, fences, lighting standards, hydrants and other property as a result of the snow clearing operations, but in any event repairs must be completed not later than fourteen calendar days from May 31 in each contract year; unless directed otherwise.

k. To cooperate with the Director of Facilities or designate as required for satisfactory and

expeditious completion of the work.

l. To notify the District immediately if a required vehicle insurance policy or registration has been cancelled for any reason.

4.2 Vehicle and Insurance Requirements

The Contractor covenants: a. All equipment used in this Agreement shall be rubber-tired. b. All equipment utilizing a bucket for the purpose of snow clearing and ice control operations

shall be fitted with cutting edges; digging teeth on buckets will not be permitted when clearing snow.


c. Equipment used under this Agreement must be kept in good state of repair and be capable of doing the work required. The Director of Facilities or designate reserves the right to inspect equipment at any time and see that it meets the requirements of the Agreement and decide on acceptance of a substitution. Any equipment found unacceptable must be replaced immediately.

d. Equipment that becomes inoperative during snow clearing must be removed from site and

substitute equipment provided to carry out the work required. e. All equipment must be equipped with Roll-Over Protective Structure (R.O.P.S.) as per

regulations of Digital Government and Services NL or the Contractor must be in possession of a valid exemption certificate for the equipment.

f. To use only the equipment that was approved by the District in the award of the contract

unless otherwise approved by the District. g. To provide only vehicles that are either registered in the name of the Contractor, leased or

subcontracted to the Contractor.

4.3 Documentation Requirements a. The Contractor shall file with the District prior to October 1st of each school year after

commencement of the Agreement, and at other times on request by the District during the term of this Agreement:

i. A letter of good standing from WorkplaceNL;

ii. A copy of the policy or policies of insurance required to be held by the

Contractor under the Highway Traffic Act and the certificates showing such insurance to be in full force and effect. These policies shall be maintained by the Contractor throughout the term of this Agreement;

iii. A copy of the Motor Registration Division registration for every vehicle provided under this Agreement; and

iv. Where a vehicle provided under this Agreement is not owned by the Contractor a copy of the applicable sub-contract or lease agreement.

b. The Director of Facilities or designate reserves the right to request the Contractor to

provide, at any time during the Agreement at no cost to the District, a certificate from an authorized inspector from Digital Government and Service NL verifying the state of repair and the operating condition of any or all of the equipment used in the Agreement. Any equipment used in the Agreement found to be unacceptable shall be replaced immediately.


5. Consideration and Accounting 5.1 Payment to Contractor The District covenants with the Contractor to pay the amounts set out in Schedule C. The Contractor acknowledges that the amounts in Schedule C represent a stipulated fixed price and that no additional costs shall accrue to the District unless specified by and set forth in this Agreement. The District will retain 10% holdback on all monies payable to the Contractor for a period not to exceed 60 days after the expiration of the Agreement. The District shall carry out an inspection of all areas after May 31 of each contract year. Any damages to District property found at that time and not included in the listing provided to the District under Article 4.1(i) shall be repaired to the satisfaction of the District. Failure of the Contractor to carry out the repairs will result in the District having the repairs completed and the value of said repairs deducted from the holdback money prior to issuing final payment to the Contractor.

5.2 Deduction for Failure to Properly Carry out Work or Provide Equipment Any work not properly carried out by the Contractor which required the District to use alternate equipment or contractors as per Article 6.1 will be deducted from the monthly payment. 5.3 Non-payment for Failure to Provide Documentation Without affecting early termination rights of the District under Article 2.3 the District reserves the right to withhold all or part of a payment payable to the Contractor under Article 5.1 where the Contractor has failed to provide the District with any documentation required under this Agreement. 5.4 No Interest Payable No interest is payable on any payment to the Contractor under this Agreement. 6. Alternate Arrangements 6.1 Use of Alternate Equipment or Services by District In the event the Contractor fails to carry out their obligations under the Agreement in an acceptable manner or fails to make available the equipment specified, the District may, without terminating this Agreement under Article 2.3, use other equipment and/or contractors as deemed necessary to carry out the work and charge all resulting costs against the Agreement. Should this be deemed necessary by the Director of Facilities or designate, alternate equipment and/or contractors will be called in without prior notification to the Contractor and the resulting costs will be deducted from any future payment owing to the Contractor.


7. General

7.1 Independent Contractor For the purposes of this Agreement, the Contractor shall be deemed in all respects to be an independent contractor, and in no event shall it be deemed to be an employee or agent of the District.

7.2 Liability Insurance and Indemnification by the Contractor

The Contractor must protect, indemnify and save the District harmless from any and all claims, losses, costs, damages, suits, proceedings, or actions arising out of or in executing the work, including his omissions, improper acts or delays. Without restricting the generality of the foregoing, the Contractor will maintain insurance during the period of the Agreement or any extensions to the limits set out below. Comprehensive Minimum General Liability - $1,000,000.00 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof, with a Property Damage deductible of $500.00. Standard Automobile Policy Liability - $1,000,000.00 inclusive per occurrence for bodily injury, death and damage to property, in the following forms endorsed to provide the District not less than thirty (30) days written notice in advance of any cancellation, change or amendment restricting coverage. Standard Non-Owned Automobile Policy including Standard Contractual Liability Endorsement. Standard Owner's Form Automobile Policy providing Third Party Liability and Accident benefits insurance and covering licensed vehicles owned or operated by or on behalf of the Contractor. Prior to commencement of any work, the Contractor will provide a Certificate of Insurance giving the following details of the Comprehensive or General Liability Policy:

• Insurance Company's name and policy number. • Operations covered, particularly specifying the Agreement. • The specified minimum limit for all claims for bodily injury of property damage arising

from one accident. • Confirmation that the Policy includes Contractor's Protective, Contractual Liability, Completed

Operations and Non-Owned Automobile Liability. • Confirmation that the District has been added as an additional named Insured and the Cross

Liability Clause included. The Policy cannot be lapsed, cancelled or in any way endorsed so as to affect the coverage provided for the Agreement without giving 30 days advance notice in writing to the District. The Certificate of Insurance, covering the equipment listed in the Bid Form of the Tender, must be provided to the District when requested during the term of this Agreement.


7.3 No Assignment or Subcontracting The Contractor shall not assign this Agreement or subcontract any of the services to be provided hereunder without the prior consent in writing of the District, which consent may be arbitrarily withheld. Failure to obtain the District’s consent in writing to assign this Agreement to a new owner will render the Agreement null and void at the District’s sole discretion if the change(s) in ownership is/are unacceptable to the District.

7.4 Amendments to the Agreement Any of the terms of this Agreement may only be amended in writing by the mutual consent of the District and the Contractor.

7.5 Successors and Permitted Assigns This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and permitted assigns. 7.6 Governing Law This Agreement shall be construed and interpreted in accordance with the laws of Newfoundland and Labrador and the laws of Canada as applicable thereto. Each party understands, covenants and agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement shall be brought solely and exclusively in the Supreme Court of Newfoundland and Labrador, Province of Newfoundland and Labrador. 7.7 Survival

All representations, covenants, warranties, indemnities and limitations of liability set out in this Agreement shall survive the termination or expiry of this Agreement. 7.8 Non-Waiver

No waiver of any breach of this Agreement shall operate as a waiver of any similar subsequent breach of any other provision of this Agreement. No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or the consent excusing the breach is in writing and signed by the Party that is purported to have given such waiver or consent. No delay or omission on the part of either Party to this Agreement to avail itself of any right it may have under this Agreement shall operate as a waiver of any such right. No waiver or failure to enforce any of the provisions of this Agreement shall in any way affect the validity of this Agreement or any part thereof.


IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. FOR THE DISTRICT: ______________________ __________________________________ Date FOR THE CONTRACTOR: __________________________________ Corporate Name __________________________________ Name(s) of Authorized Signatory ______________________ ___________________________________ Date Authorized Signatory of Contractor ______________________ __________________________________ Date Authorized Signatory of Contractor Schedules A - Area and Sites Description B - Description of Work C - Payment to Contractor D - Key Contacts


Schedule A

Area and Sites Description [from Appendix “A” from tender]


Schedule B Description of Work

1. The Contractor agrees to supply the labour, materials, equipment and services necessary to provide

the clearing of snow and/or ice, the supply and spreading of ice control materials and the removal and stockpiling of snow to an approved on site location (the “Work”), as required at each site within the Area as set out in Schedule A. All roadways, fire lanes, parking areas, pedestrian walks and sidewalks accessible by the snow clearing equipment are to be considered as part of the snow clearing area at each school.

2. Each site within the Area is defined as the place of work which is the entire property assigned to the

District as described in Schedule A, which may include sites where there is dual occupancy. Dual occupancy is defined as an area in which more than one user occupies or uses the site on either a part time or full time basis.

3. In case of conflict between site plans (where provided) and specification requirements, the

specification requirements take precedence.

4. The Contractor is required to familiarize itself and its operators with the areas to be cleared and install markers where necessary to avoid damage to property and components. The Contractor shall be solely responsible to ensure that the District’s property is not damaged, during the progress of work. Any damage or injury, resulting from the actions of the Contractor or its employees to the work and the property of the District will be made good with new materials as required to match existing work in kind, quality and workmanship at the expense of the Contractor.

5. It is the Contractor’s responsibility at the end of each season under the Agreement (i.e. May 31) to

sweep, collect, load and transport off site all sand deposited on School asphalt roadways, asphalt parking lots and concrete sidewalks during the Agreement period. This clean-up must be carried out by the Contractor to the satisfaction of the District.

6. The Contractor is also responsible, on an ongoing basis, for carrying out any other clean up work of

the property, as deemed necessary by the District, resulting from the provision of the services including, but not limited to, chemical contamination (ex. oil spills from contractor vehicles) that occur on the site.

ICE CONTROL 7. Ice control materials as referred to in this Agreement shall mean the spreading of salt and sand on

roadway and parking lots.

8. The Contractor shall take any reasonable precaution to ensure that slippery conditions on the site are avoided at all times.

9. It is the Contractor's responsibility, during the period of the Agreement, to ensure that sand and salt

is applied in sufficient quantities and with sufficient frequency to prevent slippery conditions at all


times. Should the Contractor fail to comply with this requirement, they may be held liable for any accidents that occur.

10. The Contractor is to ensure that any buildup of ice is avoided at all times. Should a buildup of ice

occur, then the Contractor is to remove the ice buildup at no cost to the District.

11. The Contractor will be expected to have a quantity of ice control materials readily available for immediate distribution when required.

12. The mixture of salt to sand shall be 1:4, one part salt to four parts sand. Sand shall be free of organic

materials and capable of passing through a No. 4 sieve.

13. The Contractor shall ensure that areas of dual occupancy are de-iced in sufficient time prior to Saturday and Sunday church services and other functions, as not to impede the traffic flow for those church services and functions, and are first cleared of ice to permit regular usage.

SNOW CLEARING 14. Contractor is responsible for snow clearing operations 7 days a week. School weather closures do

not change the school snow clearing requirements. Schools are occupied Monday-Friday 7 a.m. to 11:30 p.m. and various hours for special events on weekends.

15. The Contractor shall proceed with snow clearing operations, at any time when total accumulated

snowfall exceeds 5 cm (2 inches) or when drifting occurs. Areas with dual occupancy must receive priority.

16. All snow clearing operations must be completed before 7:00 a.m. on regular school days and as

directed for specific buildings at any time including weekends and holidays, however, all lots and roadways must be cleared at any time if accumulation warrants it. Snow shall be cleared in such a manner to avoid leaving a buildup of any snow or ice. Any such buildup of snow or ice left on cleared areas is to be removed at no cost to the District.

17. Snow clearing operations must not take place during regular school hours unless otherwise

specifically directed by the Director of Facilities, or designate, for each school. Under no circumstances will snow be permitted to accumulate or lot not be cleared.

18. When overnight snowfalls or drifting occurs to such a degree to warrant snow clearing, then all

areas are to be cleared not later than 7:00 a.m. This will be strictly enforced unless a snow storm is in progress and endangers the life or safety of equipment operators. Fire lanes must be kept open at all times.

19. The Contractor must plow snow to the extremities and beyond, where approved by the Director of

Facilities or designate, of all the areas being cleared in order to utilize all the on-site storage space to its maximum. No stockpiling of snow will be permitted so as to impede traffic flow or decrease the allocated number of parking stalls. Curbs and sidewalks must be visible at all times.


20. The Contractor shall ensure that areas of dual occupancy are cleared of snow in sufficient time prior

to Saturday and Sunday masses and other functions as not to impede the traffic flow for those masses and functions and are first cleared of snow to permit regular usage.

21. The Contractor shall keep the equipment listed in the tender available to the District on a first-

service basis. The Contractor agrees that the equipment may be used at any other locations only after all requirements for the District for the areas tendered are fulfilled to the satisfaction of the Director of Facilities or designate for each Region. If this equipment is released without the approval of the District, then the District retains the right to hire other equipment to perform the work at the Contractor’s expense, without prior notification of the Contractor.

22. The Contractor shall not cause any unnecessary obstruction to entrances, hydrants, fuel tanks or

other service areas. If the Contractor causes any obstruction to these areas it shall clear these areas immediately. Failure to do so will result in the District employing other firms to perform the work and deducting all costs from the Contractor's next payment.

23. The Contractor must move accumulated snow to designated on-site storage areas as part of the

lump sum contract.

24. For sites that require ALL snow to be removed from site within 24 hours following each snowfall (as identified in Schedule A), snow is not to remain on these sites past 24 hours. The cost of snow removal for these sites is the responsibility of the Contractor.

25. Snow is not to be machine placed within 3m of light standards.

26. Snow is not to be pushed up against the face of any building or against fence openings that are for

pedestrian access.

27. Snow is not to be stockpiled at the exit of parking lots and laneways to the street in a manner to obstruct the view to on-coming traffic. Site distances are to be maintained at all times at all locations.

28. Snow is not to be pushed or stockpiled on Municipal property i.e. sidewalks or roadways. Any tickets

issued by the Municipality will be paid by the District and deducted from the Contractor’s payment. SNOW REMOVAL

29. Except for sites that require removal of snow within 24 hours after each snowfall (as identified in

Schedule A), the cost of which is the responsibility of the Contractor, removal of excess snow to an off-site location will occur if authorized in writing by the Director of Facilities or designate when deemed necessary. A Purchase Order will be issued for the extra work. Snow removal off site is to be carried out only when there is no on site storage space available. Contractor is responsible to ensure on-site storage space is utilized to its maximum.


30. Payment for snow removal to an off-site location as required under 29 above will be based on the tendered unit price per hour, and per piece of equipment, provided in NLESD-21-330 Price Chart.xlsx, which was submitted with the Tender Form. The District is not responsible for any costs associated with use of the Contractor’s chosen disposal site.


Schedule C Payment to Contractor

Agreement Start Date: November 1st, 2021 Agreement End Date: May 31st, 2023 Agreed Price: Yearly Tender Price (2021-22) …..……… (amount) plus H.S.T (if applicable) Yearly Tender Price (2022-23) ………….. (amount) plus H.S.T (if applicable) Unit Price Per Hour/Per Piece of Equipment ……….. (amount) plus H.S.T Area: 1. No payments will be made until the Contractor submits acceptable insurance and Workers

Compensation documentation. These certificates are the responsibility of the Contractor. 2. The Contractor shall be responsible for submitting a monthly invoice each month to the District

Accounts Payable department for services rendered during each month of the Agreement. Each monthly invoice should be received by the District’s Accounts Payable department at least 10 days prior to the payment date in order to avoid payment delays.

3. Invoice submitted to the District must include the following information in order to be processed

properly: Contractor/Company name and address Contact information School and area number in which the services are for Invoice number Tender number Invoice date Invoice amount/taxes and detailed description of services rendered Date of service HST #

4. The District agrees to pay the Contractor the following payments for snow clearing and ice control

in compliance with the specifications. Payments will be based on the Yearly Tender Price for each year of the Agreement.

December: 15% of tender price (less 10% holdback) January: 15% of tender price (less 10% holdback) February: 15% of tender price (less 10% holdback) March: 15% of tender price (less 10% holdback) April: 15% of tender price (less 10% holdback) May: 15% of tender price (less 10% holdback) June: 10% of tender price (less 10% holdback)

June 30 of each contract year: Payment for the 10% holdback upon receipt of confirmation that there were no damages caused to the site(s) or any such damages were repaired.

Payments will NOT be automatically processed by the District – Payments will only be made for invoices that coincide with the payment schedule shown in this Article.


Schedule D Key Contacts

District - contact name; addresses for mail delivery, hand delivery (street address) and e-mail for notices under Article 2.4.

Eastern Regional Office 95 Elizabeth Ave St. John's, NL A1B 1R6 · Canada Tel: (709) 758-2372 Fax: (709) 758-1258 Contact name: Karen Bromley, Director of Procurement and Business Services

District - contact name; addresses for mail delivery, hand delivery (street address) and e-mail of Director of Facilities and designates for each area. *to be modified according to areas awarded under contract.

ID School Location Region

Operations Manager (Primary Contact)

Manager of Facilities

(secondary)

Director of Facilities (tertiary)

477 Mealy Mountain Goose Bay 1 Clive Bennett Randy Sparkes Jim Sinnott

004 Queen of Peace Goose Bay 1 Clive Bennett Randy Sparkes Jim Sinnott

005 Peacock Primary Goose Bay 1 Clive Bennett Randy Sparkes Jim Sinnott

000 Regional Office Goose Bay 1 Clive Bennett Randy Sparkes Jim Sinnott

010 Menihek High Lab. West 3 Clive Bennett Randy Sparkes Jim Sinnott

381 JR Smallwood Wabush 3 Clive Bennett Randy Sparkes Jim Sinnott

008 AP Low Lab. West 3 Clive Bennett Randy Sparkes Jim Sinnott

Tamarack Apartments Lab. West 3 Clive Bennett Randy Sparkes Jim Sinnott


Contractor - Contractor name (contractor’s representative); addresses for mail delivery, hand delivery (street address) and e-mail (to be populated after contract award)

Description Position Title

Current Incumbent

Mailing Address Email Phone Number Fax