Yellowhead County is seeking submissions from qualified suppliers for the Supply and Operation of Snowplowing Services for the Cadomin Mountain Area. Prior to acceptance of his/her proposal/quotation for snowplowing, the contractor will be required to meet with the General Manager of Infrastructure and Planning Services or his representative to discuss the condition of the bidder's equipment, experience and qualifications to perform all phases of the required work. Inability to perform any portion of the required work may result in the rejection of the proposal/quotation.
Road Classification Hamlet of Cadomin Local Access Roads
The historical hours of grader maintenance required for this grader beat are:
Year Hours
2019 395
2020 318
2021 305
2022 511
2023 342
Average of previous five years 374.20
4.1.2 All truck owners' suppliers quoting must provide and maintain documentary proof of the following:
(a) Alberta Government Vehicle Registration
(b) Active Account Number with the Worker's Compensation Board
(c) Proper and valid Alberta Operator's License for all operators.
Falsifying records, registration, etc., will result in termination.
4.1.3 All truck owner/operators must maintain a residence/office where the General Manager of Infrastructure and Planning Services or his representative may contact them by telephone.
4.1.4 It shall be the registered truck owner's responsibility to keep the General Manager of Infrastructure and Planning Services informed of any and all changes in registration documentation.
4.1.5 The contractor will not be permitted to sublet any work without prior written approval of Yellowhead County.
4.1.6 Equipment operators will adhere to all safety regulations imposed by Yellowhead County's field supervisory staff, as well as all Provincial and Federal Safety Regulations.
4.1.7 The contractor shall familiarize himself, his staff and any subcontractors with the terms of the Occupational Health and Safety Act and Regulations thereunder to ensure complete understanding respecting the responsibilities given and compliance required. The contractor acknowledges its responsibility either as a principal contractor, an employer, or worker as defined in the Occupational Health and Safety Act, and that he will, as a condition of this Agreement, comply with the Occupational Health and Safety Act and the regulations thereto.
4.2 INSURANCE AND HOLD HARMLESS
4.2.1 Within 10 days of being awarded the contract, the contractor shall provide the General Manager of Infrastructure and Planning Services with an acceptable Certificate of Insurance as evidence that he has the following insurance:
(a) Comprehensive or Commercial General Liability Insurance in an amount not less than $1,000,000 inclusive per occurrence, (annual general aggregate, if any, not less than $2,000,000), insuring against bodily injury, personal injury and property damage including loss of use thereof. Such insurance shall extend to include blanket written contractual liability, products and completed operations liability, and employees as additional insured’s.
(b) Automobile liability insurance on all vehicles owned, operated or licensed in the name of the contractor in an amount not less than $1 million.
4.2.2 The provision of such insurance shall be at the expense of the contractor and shall not limit his obligations under the Agreement.
4.2.3 The insurance required herein shall be in accordance with the Alberta Insurance Act and shall be maintained in full force and effect for the duration of the Agreement and any extension thereof.
4.2.4 The contractor shall be responsible for providing insurance against loss of or damage to his equipment. Yellowhead County, in the absence of its negligence, is not responsible for any loss of, or damage to the equipment.
4.2.5 The contractor shall be responsible for loss or damage to property of the County caused by the contractor's negligence or that of his employees or agents. The contractor shall extend his own "All Risks" property insurance to cover his legal liability for the property of others in his care, custody or control and shall note the interest of the County as applicable.
4.2.6 The contractor shall indemnify and hold harmless the County, its employees and agents, from any and all claims, demands, actions and costs whatsoever that may arise, directly or indirectly, out of any act or omission of the contractor, his employees or agents, in the performance by the contractor of this Agreement.
4.2.7 Such indemnification shall survive termination of this Agreement.
4.3 EQUIPMENT
The contractor shall be considered an independent contractor and shall provide the equipment identified and shall maintain it in good condition for the duration of the Agreement.
4.4 TRUCK
The truck shall be a diesel, tandem axle unit, and be of adequate size to perform the work required.
The contractor shall make the truck available for an initial inspection, prior to the execution of this Agreement.
Yellowhead County's inspection requirements shall be based upon the following documents:
(a) Alberta Highway Traffic Act,
(b) Workers' Compensation Board,
(c) Occupational Health and Safety Regulation of Alberta, and
(d) Commercial Vehicle Maintenance Standards Regulation.
The contractor shall make an inspection appointment with the Director of Infrastructure and the following items will be checked to ensure the proper working order of the unit and that it meets at least the minimum standards of the County. The unit must be approved prior to the unit engaging in any work for the County. The inspection of the unit does not relieve the contractor of his responsibility to ensure the proper working order of the unit nor affect his insurance and liabilities.
4.5 MOTOR TRANSPORT SAFETY INSPECTION OF THE SNOWPLOWS
The contractor shall provide documentation of a CVIP annual safety inspection carried out by Motor Transport Services of Alberta Transportation. The inspection must not expire during the term of this Agreement.
4.6 SNOWPLOWS (TWO-WAY) HYDRAULIC ANGLE
The snowplow shall be front mounted, able to accept a minimum of 3.66 meters cutting edge and shall arrive on the project without a cutting edge. The County will provide cutting edge(s) on an as required basis and these shall be returned to the County at the termination of Agreement. The snowplow shall have in-cab controls, for lifting and angling plow. The snowplows' bolt pattern shall be 12 inches apart and large enough to use 5/8 inch bolts.
4.7 LIGHTING
Truck and plow lighting will conform with the figures in Appendix A.
4.8 AVAILABILITY RATE AND PENALTY
(a) The contractor will be guaranteed an availability rate of $4,500.00 per month and this will be invoiced on the 15th of the month for the term of the Agreement. No availability will be paid between the period of October 15 to April 15, unless the Agreement has been extended partially into the month, the availability will be pro-rated as follows:
Number of days of Agreement extension multiplied by availability rate
divided by the total number of days in the month
For example: 10 days x $4500.00 = $1500.00
30 days
(b) Availability rate will be paid until such time as the accumulated dollar value earned for the month, based on the quoted hourly rate and the calculated hourly rate for the snowplow unit, exceeds the availability rate. Once this availability rate has been exceeded, payment will be made at the applicable quoted and calculated hourly rates for the actual hours worked in the work period and the availability rate will no longer apply for the work period.
(c) Each time the unit is not available when called for work without valid reasons, as determined by the General Manager of Infrastructure, a penalty of $500.00 per day will be assessed. This will be deducted from the total monthly availability rate.
4.9 PAYMENT
The contractor shall be paid based on the quoted hourly rate for the actual hours the snowplow works per month. The hours of work will generally commence from the time the equipment leaves the contractor's equipment storage until it returns to storage. Hours of work resulting from equipment breakdowns and other activities not directly related to snowplowing, such as meal breaks, refueling time, etc., will not be paid.
Payment for the work will be made upon receiving approved invoices from the contractor covering the hours worked, at the quoted rate. The following information must be supplied with each invoice:
• dates
• starting and stopping time for each day worked
• hours of equipment (units) used
• location of work
• kilometers of road cleared
• name of the person(s) who authorized and accepted the daily work.
Payment will be processed, based on approved invoices to the 15th of the month.
4.10 CALL-OUT PROCEDURES
4.10.1 It is required that this equipment and operator will be on call seven (7) days a week and 24 hours a day.
4.10.2 There will be a one (1) hour grace period allowed for the equipment and operator to be available for work after being notified by a Yellowhead County Representative.
4.10.3 When conditions require, the operator and equipment must be available for work immediately on being instructed to do so. This includes weekends and statutory holidays, inclusive of Christmas and New Years Day.
4.10.4 Yellowhead County field supervisory staff will attempt to contact the equipment operator by telephone, using the number supplied by the owner on the quotation form.
4.10.5 It is in the interest of the contractor to ensure that:
(a) the telephone numbers listed by the contractor with Yellowhead County are correct and up-to-date, do not exceed a maximum of three and are in order of preference, and
(b) the person contacted at the numbers has the authority to accept or reject work, and
(c) the person accepting or rejecting the work must be able to accept instructions in the English language.
4.10.6 Changes in listed telephone numbers must be made in writing to the General Manager of Infrastructure Services.
4.11 JOB CONDUCT AND REQUIREMENTS
a) The contractor will work only when instructed to do so by the General Manager of Infrastructure and Planning Services or his representative. The contractor / operator will snowplow only those roadways so identified by the field supervisory staff.
b) Any operator that fails to follow instructions, is careless, unreasonably slow, or is performing unsatisfactorily during his shift may be suspended for the balance of the shift. A report will be submitted by the General Manager of Infrastructure Services to the owner, fully explaining details and circumstances of the reasons for suspension.
c) A truck that is not in satisfactory mechanical or safe condition, as determined by the General Manager of Infrastructure Services or his representative will be removed from the worksite until satisfactory repairs have been made. Lengthy repairs may result in the termination of the remainder of this Agreement.
d) Booking off before completion of a normal shift or booking in late without approval of the General Manager of Infrastructure Services or his representative may result in suspension.
e) Operators of any trucks may be required to assist in other job-related duties, such as, operation of a loader to load trucks with sand and salt, etc. Refusal to do so may result in suspension of the operator.
4.12 ASSIGNMENT
This contract shall be binding upon the parties’ respective successors obligations hereunder, upon written notice to the other party, to any of its subsidiaries and /or affiliated companies, without the consent of the other party. Furthermore, no goods and services to be provided by the Supplier hereunder shall be subcontracted to or provided on behalf of the Supplier by any third party, except upon prior written permission by the County. The County shall have the sole right to assign the contract.
4.13 COMPLIANCE WITH LAWS
The Proponent shall be responsible for complying with all Federal, Provincial (Alberta) and Municipal laws, rules, regulations and guidelines that apply.
4.14 FINANCIAL
Yellowhead County reserves the right to investigate Supplier’s financial position.
4.15 SUPPLIER PERFORMANCE / DEFAULT
Suppliers aware of potential or pending supply difficulties must notify the County immediately of such difficulties before lack of supply of contracted products endangers the County’s ability to supply products to user areas.
In the event of non-performance the County reserves the right to acquire the items from alternative sources, and the Supplier shall be responsible for any costs beyond what has already been paid to the Supplier, required to complete the Work satisfactorily and will pay the amount thereof to the County on demand.
If the Supplier defaults or fails to perform in accordance with the Terms and Conditions of the offering or otherwise does not comply with any resulting contract as it affects the Supplier’s obligations, the County will advise the Proponent in writing. If the default or deficiencies in performance are not resolved to the County’s satisfaction within ten (10) days the County may, at its sole discretion, terminate any remaining portion of the contract with the Supplier upon five (5) days written notice delivered to the Supplier, free of any claim of the Supplier of every nature and kind.
4.16 FORCE MAJURE
1 If a Force Majeure Event occurs then notwithstanding any other provision of the Contract:
a) To the extent and for so long as either party is prevented by the Force Majeure Event from performing any obligation under the Contract, that party is relieved from liability due to its inability to perform or delay in performing that obligation; and
b) If the Force Majeure Event wholly or substantially prevents the Contractor from proceeding with the Work, then the specified or adjusted interim completion date or Construction Completion date as applicable shall be adjusted for the period of the Force Majeure Event.
2. Upon either party becoming aware of the occurrence of a Force Majeure Event that prevents that party from performing any obligation under the Contract, that party shall in a timely manner give the other party notice of the Force Majeure Event, including reasonable details of the anticipated effects on performance of the Contract, and thereafter the Contractor shall, on an ongoing basis, notify the County of its plans for remedying or mitigating the effects of the Force Majeure Event.
3. If the Contractor anticipates that the Force Majeure Event will delay completion of the applicable Work by the specified interim completion date or Construction Completion date as applicable but is of the opinion the delay can be avoided or mitigated through extraordinary measures, the Contractor may propose to the County that such extraordinary measures be taken by the Contractor at the County’s expense.
4.17 GOODS AND SERVICE TAX
The County is subject to the Goods and Services Tax. All Goods and Services Tax shall be identified as a separate line item.
4.18 WORKER COMPENSATION BOARD STATEMENT
The Supplier shall at all times comply with all the requirements of the Worker’s Compensation Act of Alberta, amendments thereto, or any successor legislation; and shall upon notice by the County, provide evidence satisfactory to the County of said compliance with the Act within two (2) business days of request by the County.
4.19 CERTIFICATE OF RECOGNITION (S.E.C.O.R / C.O.R)
4.19.1 Unless otherwise stated, RFP will only be considered when the Supplier, prior to RFP Closing, has either full certification in the Alberta Labour approved Small Employer Certificate of Recognition (“S.E.C.O.R”) / Certificate of Recognition (“C.O.R.”), Program appropriate to their industry or a temporary letter of certification issued by the Alberta Construction Safety Association or other appropriate industry association.
4.19.2 Certification will be evident by inclusion of the Supplier’s name on the Alberta Construction Safety Association (“A.C.S.A.”) S.E.C.O.R / C.O.R certification list current at the RFP closing, or submission of a copy of the Alberta Labour Certificate of Recognition or a temporary letter of certification with the RFP.
4.19.3 Yellowhead County shall not be liable for any non-inclusion of Supplier S.E.C.O.R / C.O.R. certification lists for any reason whatsoever.
4.19.4 Yellowhead County reserves the right to terminate the Agreement during the course of which the Contractor is decertified from the S.E.C.O.R / C.O.R. program or has their temporary letter of certification expire.
Yellowhead County Will Reject RFP which fails to comply with the provisions set out in Article 4.
