QUOTATION FOR HOURLY RENTAL RATES FOR HIRED … · The intent of this Quotation is to establish hourly rent al rates and a hiring order for ... The duties and obligations imposed

QUOTATION FOR HOURLY RENTAL RATES FOR HIRED EQUIPMENT AND HIRED SEMI-TRAILER DUMP TRUCKS

FOR THE PUBLIC WORKS DEPARTMENT

2003-2004 SNOW SEASON

QUOTATION 410-2003

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HOURLY RENTAL RATES FOR HIRED EQUIPMENT AND SEMI TRAILER DUMP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT 2003-2004 SNOW SEASON INSTRUCTION TO BIDDERS Submission Conditions 1. Quotation Submissions

Bids must be submitted on the forms provided, with all required entries made clearly in ink, signed and submitted in a sealed envelope clearly marked with the Quotation number and the Bidder's name and address. If more than one Quotation sheet is submitted, ensure sheets are numbered (eg: 1 of 2, 1 of 6, etc.).

Bids must be submitted to the address specified no later than the date and time set for final receipt of bids. Bids received after that date and time will not be considered.

The City will have no obligation to call out a bidder, where the prices in the bids are materially in excess of the prices received for a similar piece of equipment or dump trailer. If, in the event that bids from different contractors for a class are identical, the City shall reserve the right to have a lottery. The lottery would consist of having a draw of names to set the call-our order, with all tied bidders. The affected bidders will be allowed to attend.

2. Quotations Delivered to Materials Management Division

The City of Winnipeg assumes no responsibility for Quotations submitted through Canada Post, or that are hand delivered, faxed, or delivered by courier or any other form of delivery to the Materials Management Division. All Quotations must be received at the Materials Management Division office no later than the time stipulated on the Quotation, or the quotation will be rejected. No consideration shall be given to delays in delivery of the mail.

3. Addendum

3.1.1 The Buyer may, at any time prior to the Submission Deadline, issue addenda correcting errors, discrepancies or omissions in the Request for Quotation, or clarifying the meaning or intent of any provision therein.

3.1.2 The Buyer will issue each addendum to all Bidders by: (a) mail, courier or facsimile transmission (fax) to the usual business address of

the Bidder as shown in the records of the Materials Management Division; and/or

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(b) publication at the Materials Management Division’s Bid Opportunities internet website at http://www.winnipeg.ca/matmgt/bidopp.asp.

3.1.3 The Bidder is responsible for ensuring that he/she has received all addenda and shall acknowledge receipt of each addendum on the Request for Quotation cover page. Failure to acknowledge receipt of an addendum may render a Bid non-responsive.

3.1.4 The Bidder is advised to check the Materials Management Division’s Bid Opportunities internet website for addenda shortly before submitting his/her Bid.

4. Bidding Equipment Not Specified

Bidders are permitted to bid any equipment Bidders may feel is appropriate for snow removal not withstanding that the equipment is not specified in this Quotation. Bidders shall ensure all such equipment bid is clearly identified.

5. Serial Number (Equipment only)

Make, Model, Unit Number and Serial Number must identify all equipment bid, in writing in the Quotation submission. Failure to include the Make, Model, Unit Number and Serial Number shall cause the equipment so-bid to be rejected.

6. Workers Compensation

The Contractor shall be registered with the Workers Compensation Board and maintain the appropriate coverage while providing services for the City of Winnipeg.

"Commencement of work will not be allowed prior to the confirmation of coverage with the Workers Compensation Board."

When working with multiple company names less than one compensation number, or under separate numbers, all names must be registered with W.C.B. and the workers compensation number must be shown on bid sheets.

In the event of default on Workers Compensation coverage the City of Winnipeg will withhold funds until the matter has been resolved to the satisfaction of the City of Winnipeg.

7. Taxes

Bid prices shall be based on Provincial and Federal taxes in effect at the time and date set for final receipt of bids.

a) G.S.T. must not be included in the hourly rate. b) G.S.T. will only be paid to companies who submit with their bid a G.S.T. Registration

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Number to the City. No Number - No G.S.T.!

c) If G.S.T. number is not supplied 24 hours prior to starting work the company will not receive G.S.T. payment for a minimum of 24 hours after number is received.

8. Declaration By Bidder

The Bidder declares that in bidding on this Quotation that no member of Council, a Commissioner, Director or any employee of the City has or will have any pecuniary interest, direct or indirect, in this bid or any contract arising here from and further that the said Contractor shall forfeit all claims for payment for work performed by him or refund any payments already made to him by the City if any member of Council, a Commissioner, Director or employee of the City is found to have or have had any interest in this bid or contract arising here from.

The Bidder further declares that he has not participated in any collusive scheme or combine in connection with this bid and agrees that he will forfeit all claims for payment for work performed by him or refund any payments already made to him by the City if it is established that this declaration is false.

9. Claims

In the event that the City errs in the slotting and/or the calling out of equipment and/or dump trailers the Contractor shall have no claim against the City. The City of Winnipeg as the “OWNER” of the work, has the right to determine which piece of equipment and/or dump trailer is most appropriate for any given work. The City of Winnipeg reserves the right to issue other quotations and/or tenders for its semi-dump truck requirements. The City of Winnipeg reserves the right to by-pass a lower bid dump trailer, if it is deemed the dump trailer is not adequate for that particular job. The City of Winnipeg may not repair, nor pay for any damage done to tarps or apparatus used to move tarps. When snow sides are in place and trailer is being used for snow removal.

HOURLY RENTAL RATES FOR HIRED EQUIPMENT AND SEMI-TRAILER DUMPS FOR THE PUBLIC WORKS DEPARTMENT 2003-2004 SNOW SEASON

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SPECIAL PROVISIONS 1. INTENT

The intent of this Quotation is to establish hourly rental rates and a hiring order for snow removal equipment and/or semi-trailer dumps for the 2003-2004 snow season.

Snow removal activities for the Public Works Department conducted on City roads, lanes, sidewalks and other areas, as necessary, shall include, but not necessarily be limited to, plowing, hauling and/or loading snow, widening roadways and/or sidewalks, scarifying ice, spreading sand/salt/aggregate and levelling and maintenance of snow dump sites. (referred to herein as "the Work").

For equipment only a map of the Bidding Areas' boundaries is attached to this Specification, for reference. Very Important you read section 17 as all trucks require CGL coverage

2. BASIS FOR HIRING AND LAY-OFF OF EQUIPMENT AND DUMP TRAILERS

Equipment in each class will be hired and laid off in each Area on the basis of the quoted hourly rental rate, i.e.: the equipment with the lowest quoted hourly rental rate in each class will be hired first and laid off last, subject to the other provisions of this Specification. Dump trailers in each class will be hired and laid off (DAILY) on the basis of the quoted hourly rental rate, i.e.: the dump trailer with the lowest quoted hourly rental rate will be hired first and laid off last, subject to the other provisions of this Specification. Orders pertaining to the hiring and laying off of equipment and/or dump trailers issued by Equipment Dispatch shall supersede any orders which may have been issued by a supervisor, foreman or other official of a User group.

3. OBLIGATION OF CITY

As the "OWNER” of the work, the City has the right to determine which class of equipment or dump trailer is most appropriate for any given work. This Quotation shall not be interpreted by the Bidder as an obligation on the part of the City of Winnipeg to provide Work, or as a representation that Work is available. Work, if and when available, at the discretion of the Manager of Streets Maintenance Division, shall be assigned in accordance with the terms and conditions of this Quotation.

4. RIGHTS AND REMEDIES OF THE CITY

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The duties and obligations imposed upon the Contractor by the Contract Documents and the rights and remedies available to the City hereunder, shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed upon the Contractor or available to the City at law. No acceptance of Work or payment of money and no failure on the part of the City to enforce compliance by the Contractor with any term of this Contract and no other act or omission whatever on the part of the City, and no act or omission of the Commissioner or Commissioners or of any officer or employee of the City, shall be taken as a waiver of any of the provisions of the Contract, it being understood that any provision hereof may only be waived by express waiver in writing authorized by the proper officers of the City. No express waiver of any provision shall impliedly waive any other provision.

5. HARASSMENT

The intent of this section is to clearly identify that harassment of any type including but not limited to sexual, personal, and racial harassment as well as discourteous behaviour including using abusive, profane or threatening language by the Contractor or his employees will not be tolerated.

The Contractor shall ensure that all persons he employs or retains to perform work pursuant to the terms of this Quotation behaves courteously and in a non-harassing manner to both members of the public and to employees of the City, failing which the City has the right to instruct the Contractor to replace any person not behaving courteously and/or in a harassing manner, upon written notice to the Contractor, and the Contractor shall comply with the instruction. The Contractor shall not re-employ or re-retain any person that the City has instructed him to replace for the purpose of performing any other or further work on this Quotation.

Should a subsequent situation with respect to discourteous or harassing behaviour occur, the Manager of Streets Maintenance Division may remove the Contractor from the callout list on an interim basis or for the balance of the terms of the Quotation and may recommend to the Board of Commissioners that the Contractor be debarred and suspended in accordance with the Policy on Purchasing Procedures and the Disposal of Surplus Supplies.

6. ASSIGNMENT OF CONTRACT

Contractors shall not assign or subcontract any portion of Work covered by this Quotation.

7. METHOD OF PAYMENT Payment for hourly hired equipment and/or dump trailers shall be processed through the City of Winnipeg Hired Equipment Payroll system. Payment shall be made bi-weekly subject to, but not limited to, proper documentation of Work Tickets by the Contractor, the callout system being used and the correct equipment and/or dump trailers responding to callout. All payments are subject to the approval of the Manager of Streets Maintenance Division.

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8. EQUIPMENT AND SEMI-TRAILER DUMP IDENTIFICATION

All equipment and/or dump trailers provided by the Contractor subsequent to Quotation must be clearly labelled indicating Contractor's name and unit number or trailer licence plate number indicated on the submitted Quotation HIRED SNOW REMOVAL EQUIPMENT FORM(S) (APPENDIX b) AND DUMP TRAILER RATE FORM(S) (Appendix C).

Letters and numbers used for identification purposes must be a minimum of four inches (4") (100 mm) in height and positioned in such a manner as to be clearly visible from either side of the equipment and/or dump trailer. Equipment and/or dump trailer will not be allowed to work until it is properly identified. All equipment and dump trailers, may, before working for the City of Winnipeg, be issued a “Streets Maintenance” sticker. This sticker shows that the City has inspected the unit and that the piece of equipment or dump trailer meets the criteria set forth in this quotation. If there is no “Streets Maintenance” sticker visible on the piece of equipment or dump trailer, the piece of equipment or dump trailer may be sent home and not be called for work until one is issued. The location of the sticker should be on the lower left corner, on the driver’s side window or lower front corner driver's side on dump trailer. It is absolutely imperative that equipment unit numbers and/or dump trailer license plate numbers indicated on Work Tickets (outlined in Provision 10 below) exactly match those numbers listed on Appendix B for equipment and Appendix C of this Quotation. Failure to do so will result in computer rejection of the timekeeping entry associated with a piece of equipment and/or dump trailer license number referenced in error.

9. DUPLICATION OF MAKE, MODEL AND SERIAL NUMBER

If two or more Contractors bid the identical machine, the Manager of Streets Maintenance Division shall determine which bid, if any, he shall accept. If one of the bids is accepted for that equipment, all other bids shall be rejected.

If a Contractor uses a machine that was not bid by the Contractor, the Manager of Streets Maintenance Division shall take whatever considered appropriate action, including but not limited to, suspending all equipment quoted by the Contractor.

10. WORK TICKETS All work tickets must have supplier number in the space provided or beside their name (see Appendix A).

The Contractor and/or his employees operating hired equipment and/or dump trailer for the City shall complete Work Tickets, supplied by the City, at the end of each

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work shift or when work is completed or otherwise terminated. Work Tickets must be completed so as to indicate date, location of work, Contractor's name and supplier number, equipment unit number and/or license plate number, plus City unit number if applicable, description of equipment, start and finish time using 24 hour clock, operating hours, operator's signature and operator's name printed if signature is not clearly legible. The Work Tickets must be signed by the project foreman or his designate and shall be distributed as indicated on the bottom left corner of the ticket.

Failure to properly complete the above-mentioned Work Tickets will result in delay of payment for the work detailed, until such time as the ticket is corrected and re-submitted.

Continued failure to properly complete Work Tickets may result in the Contractor's equipment being moved to the bottom of applicable hiring list or suspension from that list. A sample Work Ticket, properly completed, is included as Appendix A to these Specifications.

11. OWNERS OF EQUIPMENT AND/OR DUMP TRAILER & THEIR EMPLOYEES

The owner, owner/operator and/or operator of the equipment and/or dump trailer supplied under this Quotation shall be considered an independent Contractor who will work under the direction of a City employee and it is acknowledged and agreed that the independent Contractor shall be a servant of the owner of the equipment and/or dump trailer and shall not be considered an employee of the City of Winnipeg.

12. WEEKEND & STATUTORY HOLIDAY PREMIUMS

An overtime premium of $9.10/hour will be paid for each hour of equipment/truck time worked during the weekend period 19:00 hours Friday to 19:00 hours Sunday. An overtime premium will also be paid for work on a statutory holiday or Remembrance Day. In the event that one of these holidays falls on a Friday then the premium will be paid for all equipment /truck hours worked between 19:00 Thursday to 19:00 Sunday. Similarly, if one of these holidays falls on a Monday, then a premium will be paid for all equipment/truck hours worked between 19:00 Friday to 19:00 Monday. Should a statutory holiday or Remembrance Day fall on Tuesday, Wednesday or Thursday, an overtime premium will be paid for all hours worked from 19:00 hours the day prior to 19:00 hours on the day of the holiday.

Statutory holidays are New Year's Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day and Christmas Day.

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Any weekend or statutory holiday premium paid to the operator is the sole responsibility of the equipment owner. Notwithstanding that the Contractor may be required by law to pay an overtime premium to his employees in excess of the hours or amount specified herein, the only overtime rate paid for the equipment by the City shall be as specified herein.

13. MINIMUM CALLOUT & TRAVEL TIME

a) Equipment and/or dump trailer called out shall be paid a minimum of four hours, except where it is obvious from inclement weather that the WORK will not proceed.

b) Travel time to and from job site is the responsibility of the Contractor and the City

will not pay for same.

c) A callout shall include WORK assigned at one or more locations and includes WORK assigned for different users. d) If there is any doubt the Contractor should contact Equipment Dispatch at 986- 6481, or Streets Foreman.

14. WORKING MORE THAN ONE SHIFT/DAY

The lowest priced equipment and/or dump trailer in each class will be called first for each shift worked before a higher priced machine is used when more than one shift per day is worked. In accordance with the terms and conditions of this quotation.

15. REST BREAKS

The Contractor shall not be compensated for rest breaks or meal breaks except as outlined below. If operational requirements permit, the City foreman may, at his discretion, allow one paid break per four hours of work up to the maximum extent of fifteen minutes. The fifteen minutes for the break shall include travel time to and from the work site. Breaks cannot be accumulated nor will payment be owing by the City for breaks not granted or not taken.

16. SAFETY REQUIREMENTS Subsequent to this Quotation, Contractors (and their employees) hired by the City shall familiarize themselves with and abide by any and all requirements, with regard to personal protective equipment and all standards pertinent to the supply and safe operation of equipment and/or dump trailer quoted, also familiarize and abide by any Federal, Provincial and Civic By-Laws, Acts, including but not limited to the Workplace Safety Manual for Temporary Traffic Control.

Without limiting the foregoing, all operators shall have and use appropriate safety head wear, footwear, safety vests and hearing protection.

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All the equipment and dump trailer(s) asked for in this quotation shall be equipped with an operational back-up alarm.

Each crawler tractor/dozer working at a snow dump shall be equipped with a R.O.P.S. cab or canopy. All equipment or dump trailer shall be equipped with lighting to meet or exceed the requirements of the Manitoba Highway Traffic Act and regulations passed there under.

All crawler tractors/dozers used at snow dumps must be equipped with at least one oscillating or strobe amber beacon.

17. INSURANCE “PLEASE READ VERY CAREFULLY”

The Contractor shall, at his own cost, provide and maintain the following insurance coverage: PLEASE NOTE :All trucks, truck plows, sanders must have $2,000,000.00 from M.P.I.C. plus Commercial General Liability in the amount of minimum $2,000,000.00 (same requirements as hired equipment see below for coverage )

A certified letter from your insurance agent stating your MPIC covers your license And extended insurance coverage for mounted sander, truck plow, or dump trailer.

“you must have the appropriate coverage”. (a) I) Automobile insurance in an amount not less then $2,000,000.00 M.P.I.C. for

dump trailer, sander or truck plow, along with a minimum $2,000,000.00 Commercial General Liability which the contractor intends to use in carrying out the WORK, and a copy of registration(s) showing same to be forwarded to City Dispatch Office at time of bid submission.

ii) Deductible for damage caused by the contractor or the contractor's truck(s) shall be borne by the contractor.

(b) Comprehensive general liability insurance coverage in an amount not less

than $2,000,000.00 on all unlicensed equipment which the contractor intends to use to carry out the WORK. Such commercial general liability insurance policy shall:

(i) name the City of Winnipeg as an additional named insured;

(ii) contain a cross-liability clause;

(iii) cover all operations of the Contractor (or show type of operations

covered eg. Snow removal) for all equipment not required to be licensed which the Contractor intends to use in carrying out the

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WORK; and

(iv) have deductibles of no more than $5,000.00.

Deductibles for damage caused by the Contractor or the Contractors equipment shall be borne by the Contractor.

The Contractor shall provide the Equipment Dispatch Office of the City Public Works Department with a certified copy or copies of his insurance policy or policies no later than 24 hours prior to commencement of WORK by the Contractor. The City may accept a Certificate of Insurance in lieu of a certified copy of an insurance policy, and in this event, the policy deductible amount must be stated clearly on the Certificate.

18. DAMAGE CLAIMS

The Contractor shall report any event resulting in injury or damage immediately following the occurrence of such event, and the receipt of notice of an action, proceeding, claim or demand alleging or giving notice of injury immediately following receipt thereof, to the City of Winnipeg Claims Branch.

The City shall notify the Contractor of all claims of injury or damage alleged to have been caused by the Contractor or his equipment and/or dump truck of which it receives notice. The City of Winnipeg Claims Branch will investigate all reports of claims of injury or damage reported by the Contractor or of which it has received notice. The Contractor shall co-operate with the Claims Investigator and shall promptly provide the Claims Investigator with all information requested of him to enable the Claims Investigator to determine responsibility for the injury or damage. The Claims Investigator shall notify the Contractor of his decision and where the decision is that the Contractor was responsible, the Contractor shall settle the claim expeditiously.

19. INDEMNITY

a) The Contractor shall save harmless and keep the City indemnified against all claims and demands which may be made against it by reason of accidental injury (including death) of any person whether in the employment of the Contractor or not, arising directly or indirectly from the carrying on of the said WORK, or by reason of any trespass on or damage to property committed by the Contractor or his servants or agents or resulting from the carrying on of the WORK.

b) The Contractor shall save harmless and keep the City indemnified from and

against all loss, damages or expenses of any kind whatsoever arising under any statutes or regulations made pursuant thereto or howsoever otherwise

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arising, which may be suffered or sustained by the said City by reason of any delay, default or breach of this contract on the part of the Contractor.

c) The City may settle any such claim, suit or lien and charge the Contractor

with amount paid or to be paid in effecting a settlement or which may be adjudged due the City.

d) The Contractor shall pay to the City the value of all legal services and

disbursements required to defend it against any claim arising out of the Contract and in computing the value of such services no regard shall be had to the fact that the same may have been performed by a salaried employee of the City.

e) The Contractor shall pay to the City all costs taxed against the Contractor in

any litigation between the Contractor and the City arising out of this Contract.

f) The City may set off any payment due to the Contractor by any amount for which the City is being indemnified pursuant to this Clause 20.

20. ALL COSTS INCLUDED IN QUOTED HOURLY RENTAL RATES

All quoted hourly rental rates shall include all costs of any nature whatsoever associated with the supply and operation of the equipment and/or dump trailer(s), including but not limited to:

a) Qualified operators;

b) Fuel, oil, lubrication and all maintenance;

c) Any and all overtime, except as specified in Provision 12 (i.e.: no special or

additional overtime rates will be accepted);

d) Any and all travel time to work site;

e) Any and all equipment attachments; except those detailed in Provision 33; and

f) All insurance and all other costs.

21. EQUIPMENT RELIABILITY OR FAILURE TO REPORT

At the sole discretion of the Manager of Streets Maintenance Division Equipment or Dump Trailers which shows a history of not reporting for work THREE CALL-OUTS (three separate clean-ups), breakdowns and/or being substituted for, will be suspended and no further attempts will be made to hire the said piece of Equipment or Snow Trailer .The onus is on the Contractor to call the district user or Equipment Dispatch to confirm the availability of their Equipment or

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Trucks. The Contractor shall produce copies of work orders indicating that the equipment or dump trailer has been repaired or that other problems have been rectified to the satisfaction of the Manager of Streets Maintenance Division.

22. OPERATOR'S COMPETENCE & PERFORMANCE

The Contractor's operator shall maintain all equipment and/or dump trailer(s) in good working order and shall perform all obligations expressed and implied in this Quotation in a good, safe and workmanlike manner. Where in the opinion of the supervisor or foreman, an operator fails to meet the obligations expressed or implied in this Quotation, and without limiting the generality of the foregoing, the operator is:

a) unqualified, or b) operating in an unsafe manner, or c) not performing a satisfactory amount of work,

the equipment or dump trailer and operator may be dismissed immediately and shall not be re-engaged until such time as the inadequacies that resulted in the dismissal have been remedied to the sole satisfaction of the Manager of Streets Maintenance Division.

23. REPORTING TO WORK

The City shall designate which location the equipment shall report to for commencement of each assignment within the bidding area the equipment is assigned to. Equipment dispatch will designate which area/location dump trailer(s) are to report to where upon the dump trailer will be controlled by the area foreman.

24. WITHDRAWAL OF (EQUIPMENT ONLY) PRIOR TO LAYOFF

Should a piece of equipment be withdrawn from the snow removal operation prior to layoff, and it becomes necessary to replace that piece of equipment, the piece of equipment that was withdrawn will not be allowed to ̀ bump' back see (Provision 25). If, however, a piece of equipment that was withdrawn and replaced, should become available and is required by a User, it shall be allowed to work, but for layoff purposes, shall be placed below other equipment working from that class, until (PROVISION 25) comes into affect. If the reason is for other than breakdown, the matter will be reviewed by the Manager of Streets Maintenance Division to determine if further action is required.

25. RE-ARRANGEMENT ("BUMPING") OF HIRED EQUIPMENT and SNOW TRAILERS a) In the event that re-arrangement or bumping of hired equipment is required in order

to maintain proper order in accordance with a particular hiring list, such re-

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arrangements shall be made for the first starting hour of the shift on the first Monday shift (shift starting 19:00 Sunday is considered first Monday shift) of each week except where, in the opinion of the Equipment Co-ordinator, such rearrangement would not be in the best interest of the City.

Notwithstanding the above, in the event of any all out plowing event starting after 19:00 Thursday on Priority 1,Priority 2 and/or Priority 3 streets, bumping would then occur on the first Monday shift following the completion of the original plow.

Snow trailers are not affected by the above as snow trailers will still be bumped a daily basis, Except no bumping will occur for last remaining shift.

26. SUBSTITUTIONS, REPLACEMENTS AND AVAILABILITY

a) Substitutions

In the event equipment or dump trailer as quoted is not available when called, due to breakdown or other circumstances resulting in short-term non-availability of the equipment or dump trailer, the City may allow substitution of such equipment providing:

1) the substitute equipment or dump trailer is, in the opinion of the

Manager of Streets Maintenance Division, at least equal in all respects to the equipment or dump trailer for which it is being substituted, and is owned by the Contractor; and

2) the substitution will be allowed up to a maximum of one week. If in a

period of 90 working days the quoted piece of equipment or dump trailer is not available on two separate occasions the unit may be deemed unreliable and may be removed from the callout list.

However, the total number of units (within a class) from a Bidder working for the City shall not, due to such substitutions, exceed the total number of units originally quoted by that Bidder. All substitutions must be approved by the Equipment Dispatch Office of the Streets Maintenance Division prior to such equipment or dump trailer commencing WORK.

b) Replacements

If the Contractor sells or otherwise disposes of a piece of equipment or dump trailer detailed on the callout list, he will be allowed to replace that piece of equipment or dump trailer providing the replacement is, in the opinion of the Manager of Streets Maintenance Division, at least equal in all respects to the equipment or dump trailer it is replacing and provided the piece of equipment or dump trailer being replaced

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has worked under the terms of and as a result of this Quotation or for the Contractor a minimum of five (5) days in the current snow season.

All requests to allow replacement of quoted equipment or dump trailer which has been disposed of shall be submitted in writing to:

Manager of Streets Maintenance Division 104-1155 Pacific Avenue Winnipeg, Manitoba R3E 3P1.

If a piece of equipment or dump trailer on the hiring list is used to replace another piece of equipment or dump trailer which is also listed, but has been disposed of, the original position of the replacement piece of equipment or dump trailer will be forfeited in making the replacement. The forfeited position is subject to review, at the written request of the Contractor affected, by the Manager of Streets Maintenance Divisions. The decision resulting from the review by the Manager of Streets Maintenance Division shall be final.

If a substitute or replacement piece of equipment or dump trailer would, by virtue of its specifications, normally be listed in an equipment or dump trailer class larger than that in which the equipment or dump trailer it is replacing was listed, the substitute or replacement equipment or dump trailer shall be listed in and hired from the same class and position as the unit it is replacing, as though no substitution or replacement had occurred.

Similarly, should a piece of (equipment only) of at least like-size, not negatively affected by the equipment age provision (Provision 31), be substituted for or replace a piece of equipment which is negatively affected by the age provision, the substitute or replacement shall be listed in the same position as that which it is replacing.

The Manager of Streets Maintenance Division reserves the right, at any time, at his discretion, to ask for proof that a unit quoted is in fact owned or leased by the Bidder. This proof may be by means of physical inspection of the equipment or dump trailer, or by submission of documentation as deemed appropriate by the Manager of Streets Maintenance Division. In the event such proof is not produced, the equipment or dump trailer in question may be removed from the callout list.

27. SUSPENSION AND REMOVAL FROM THE CALLOUT LISTS

Suspension from the callout lists may be made by the Manager of Streets Maintenance Division, at his sole discretion, for any failure on the part of the Contractor to meet any of the obligations in this Quotation and shall include, but shall not be limited to:

a) Equipment, truck trailer mechanical condition;

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b) Operator's attitude, ability or actions;

c) Failure to report to an assigned work site;

d) Failure to report to the work site at the assigned time;

e) Working without being assigned by the Equipment Dispatcher;

f) Failure to bring equipment or dump trailer in for inspection, when requested

to do so;

g) Failure to properly complete Work Tickets;

h) Low productivity (at sole determination of the City Foreman or Supervisor);

i) Failure to report to the City of Winnipeg Claims Branch as required by Clause 18 in these Specifications;

j) Failure to co-operate with the Claims Investigator as required by Clause 18 in

these Specifications;

k) Failure to settle any claim as required by Clause 18 in these Specifications;

l) Failure to provide the Equipment Dispatch Office of the City Public Works Department with evidence of insurance as required by Clause 17 in these Specifications.

After suspension, the Contractor will be requested to explain the circumstances that caused the suspension. The Manager of Streets Maintenance Division, at his discretion, may request that (but not limited to:)

i) The operator be evaluated by City staff;

ii) The equipment, truck, trailer be repaired and inspected after repair; and/or

iii) The equipment, truck, trailer and operator be monitored in the field.

Removal from the callout list may result from repeated instances of unacceptable performance at the sole discretion of the Manager of Streets Maintenance Division . If the Contractor should abandon the WORK or if he were adjudged to be bankrupt or make a general assignment for the benefit of his creditors or if a receiver or liquidator should be appointed in respect of his assets or if he fails to comply with an order of the Manager of Streets Maintenance Division given pursuant to any of the provisions of this Quotation or if he should fail to make prompt payment of wages, or accounts for the purchase or rental of material or plant or disregard by-laws and statutory regulations or if he commits any other breach of the provisions of this Quotation, which in the opinion of the Manager of Streets Maintenance Division

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indicates an unwillingness or inability upon the part of the Contractor to carry out the terms thereof, the Manager of Streets Maintenance Division may notify the Contractor to discontinue all WORK or any part thereof, under this Quotation, by a written notice to be served upon the Contractor. Such notice being given, the Contractor shall forthwith discontinue the WORK or such part thereof as the Manager of Streets Maintenance Division shall designate.

28. SPECIALIZED EQUIPMENT ONLY

Equipment of a specialized nature or possessing specialized attachments, within a class, may be hired before a unit within the same class with a lower quoted rate, provided such use is deemed beneficial to a given project by the Manager of Streets Maintenance Division. (Example: U Blades on dozers).

29. RATE ADJUSTMENTS - FUEL COSTS

The Manager of Streets Maintenance Division, at his discretion, may adjust upwards or downwards, the rates quoted for equipment and dump trailer included in this Quotation, considering an increase or decrease in fuel prices exceeding five (5) percent, based on prices paid by the Streets Maintenance Division for clear diesel fuel between September 11, 2003 and December 10, 2003. Any rate adjustment shall only reflect that portion of fuel price increases or decreases in excess of the five (5) percent outlined above. Any adjustment shall be effective December 31, 2003 and will not be retroactive.

Hourly rental rate adjustments shall be based on the average hourly fuel consumption, based upon manufacturers' published specifications, averaged per equipment or dump trailer class, as calculated by the Manager of Streets Maintenance Division, whose decision shall be final and binding.

30. ASSIGNMENT OF SEMI-TRAILER DUMP TRUCK(S)

All semi-trailer dump trucks must supply a copy of the registration(s) when bidding. Failure to supply a copy of the registration(s) may result in being placed at the bottom of the appropriate dump trailer class. Use the Trailer license plate number as unit number. ENTER TOTAL LENGTH FROM HINGE PIN TO TOP FRONT INSIDE CORNER. Failure to supply the correct length, causing the semi-trailer dump to be slotted wrong may result in dump trailer being moved to bottom of appropriate dump trailer class. More than one occurrence could result in the removal from the call out list. “The hourly bid per trailer will be divided by the total length in feet for slotting purposes only in the semi-trailer class”.

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The City of Winnipeg may not repair, nor pay for any damage done to tarps or apparatus used to move tarps. When snow sides are in place and trailer is being used for snow removal.

31. ASSIGNMENT OF (EQUIPMENT ONLY)

Failure to bid on each area may result in the Quotation being rejected. Equipment will be assigned to each bidding area at the discretion of the Manager of Streets Maintenance Division.

If more than one unit of a class is quoted by Bidder, the Streets Maintenance Division will endeavour to assign all units in that class to the same bidding area. However, if a Bidder quotes more than one class of equipment, there is no guarantee expressed or implied that all equipment will be assigned to the same bidding area.

For the purpose of slotting only, equipment originally manufactured after 1998 shall be given a 20% price/hour advantage.



For the purpose of slotting only, equipment originally manufactured in 1983 and prior years, shall be given no price/hour advantage.

Example:

Slotting Slotting Year Bid Price Advantage

Grader built: a) 1999 $40.00 $32.00 20%

b) 1989 $40.00 $34.00 15%

c) 1984 $40.00 $36.00 10%

d) 1983 $40.00 $40.00 0%

or prior 32. PAYMENT FOR ICE-BLADES, V-PLOWS & WINGS, AND LOW BED TRAILERS AND GRADER BLADE CHANGE

a) Ice-Blades, V-Plows & Snow Wings

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Where the specific use is authorized in advance by the City, premium payments for ice-blades, V-plows, & snow wings used for snow removal and/or ice cutting shall be as follows. Plain blades shall be included in quoted hourly rental rate (see Provision 21).

Item R/CODE Premium Explanation

1) BLADE 5 $65.00 When a foreman calls for a

CHANGE* blade change between shifts

*This premium will only be paid for blade change (from plain to ice or ice to plain) when conditions change plus plowing is already in procress and a streets foreman wants a blade change for the next shift. No premium will be paid for any blade changes if equipment is already lay-off. All graders are to come with plain blades for the first shift they are called out for, unless they are requested to come with ice blades.

2) Ice (Saw tooth)* 6 $9.00/hour This premium will be paid for motor graders equipped with ice blades only if ice blade use is authorized.

3) V-Plows** 7 $8.75/hour This premium shall be paid

for a motor grader equipped with a `V' plow only if plow used is authorized.

4) Snow Wing** 8 $9.38/hour This premium shall be paid

for motor graders and truck plows equipped with wing only if wing use is authorized.

** When the use of a V-plow and/or snow wing is specifically requested by the User, premiums for the V-plow and/or the snow wing shall be paid for the entire shift. Requests for V-plows and/or snow wings will be made on a per-shift basis and are only valid for that shift. The use of V-plows and/or snow wings without any expressed request in advance by the City will result in the premium for the V-plows and/or snow wings being not applicable.

b) Low Bed Trailers

Use rate Code 11 for Class H1-H3 and I1 to I4. Use rate Code 13 for Class E1-E2, H4-H9 and I5-I9.

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1) Low bed trailers will be paid on a per move basis.

- Used for transporting equipment listed in Class Codes H1 to H3 inclusive and I1 to I4 inclusive: $150.93 per move.

- Used for transporting equipment listed in Class Codes H4 to H9

inclusive, E1 and E2, and I5 to I9 inclusive: $200.00 per move. Examples:

- Low bed used to transport equipment listed in H3 class to job site `A' = $150.93.

- Low bed used to transport equipment listed in H3 class from job site

`A' to job site `B' = $150.93

- Low bed used to transport equipment listed in H3 class from job site `B' to Contractor's yard = $150.93.

- Low bed used to transport equipment listed in I6 class to job site ̀ A' =

$200.00.

- Low bed used to transport equipment listed in I6 class from job site ̀ A' to job site `B' = $200.00

- Low bed used to transport equipment listed in I6 class from job site ̀ B' to

Contractor's yard = $200.00

2) Equipment being transported by low bed will not be paid for while in transit.

3) Unless otherwise approved by the Equipment Dispatch Office of the Streets Maintenance Division or the Manager of Streets Maintenance Division, the low bed shall not be paid for where a piece of equipment has to be transported from the job site prior to lay off or is not available to continue working, and is substituted by or replaced with another piece of equipment from the same Contractor.

Likewise, for a low bed used to transport both the original piece of equipment working and the substitute or replacement piece of equipment to and from the work site, payment shall be made for one return move only.

Should a special permit be required above the annual overload permit, the City of Winnipeg will reimburse the cost to the Contractor upon delivery of receipt.

33. RESOLUTION OF DISPUTES

Should a dispute arise with respect to application of the provisions of this quotation,

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the Manager of Streets Maintenance Division shall investigate and rule on the dispute and the decision of the Manager of Streets Maintenance Division shall be final.

34. CONTRACTOR'S OFFICE AND PHONE NUMBERS

Each Contractor who has quoted more than three machines or dump trailers, shall maintain, during normal working hours, an office staffed by at least one competent person. If the person answering cannot give a firm commitment, the City will consider that the equipment and/or dump trailers are not available and will go to the next on the list. However, the equipment or dump trailer shall be hired in its regular slot if the City is notified by the Contractor of a firm commitment prior to filling its requirements. If the requirements have been filled, the equipment only will not be allowed to `bump'(see clause 25 page 13).

Appendix B and Appendix C shall be completed as part of the Bidder's Quotation submission, to details of contact person. HIRED RENTAL RATES FOR HIRED EQUIPMENT and SEMI-TRAILER DUMPS FOR THE PUBLIC WORKS DEPARTMENT 2003-2004 SNOW SEASON SEMI-TRAILER DUMP TRUCK CLASSES SEMI-TRAILER DUMP DATA

Bidders shall complete the Hired Snow Removal SEMI-TRAILER DUMP Rate Form, Appendix C, class A7A for each SEMI-TRAILER DUMP quoted. Failure to adequately complete the Form(s) may result in rejection of the Bid.

TRAILER LENGTH MUST BE MEASURED IN FEET FROM TAIL GATE HINGE PIN TO TOP FRONT INSIDE CORNER OF TRAILER.

SNOW SIDES MUST BE 7’ (84”) HIGH FROM FLOOR OF TRAILER

SNOW SIDES MUST BE FROM TAIL GATE HINGE PIN TO WITHIN 18” OF TOP FRONT INSIDE CORNER OF TRAILER TO ALLOW FOR TARP, IF NO TARP SNOW SIDES MUST GO TOTAL LENGTH OF TRAILER FAILURE TO COMPLY TO ABOVE WILL RESULT IN YOUR TRAILER BEING SENT HOME TILL IT MEETS OUR CRITERIA. The City of Winnipeg WILL NOT repair, nor pay for any damage done to tarps or apparatus used to move tarps. When snow sides are in place and trailer is being used for snow removal.

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EQUIPMENT CLASSES 1. EQUIPMENT DATA

Bidders shall complete the Hired Snow Removal Equipment Rate Form, Appendix B, for each piece of equipment quoted. Failure to adequately complete the Form(s) may result in rejection of the Bid.

2. EQUIPMENT CLASS GROUPINGS

Class Code

Hydraulic Excavators

D1 Rubber-Tired (Truck-Type) Carrier-Mounted

Minimum reach 17 ft. Must be equipped with remote travel control

Bucket Sizes:

D1 Regular ditching bucket - minimum 60" wide (5')

D1A Extra wide ditching bucket - minimum 84" wide (7') D2 Rubber-Tired Single Engine - 4 Wheel-Drive

(Drott 40 Cruz-Air Type)

Minimum reach 17 ft Bucket Sizes:

D2 Regular ditching bucket - minimum 60" wide (5')

D2A Extra wide ditching bucket - minimum 84" wide (7') D2B Special Loading Bucket: for High Snow Piles

Minimum Rated Bucket Capacity 2.5 cu. yd.

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E1 Hydraulic Excavator, Tracked

Minimum rated bucket capacity 1.25 cu. yd. Minimum operating weight 49,600 lbs. Minimum reach 18 ft. 6 in. 8 ft. level bottom

E2 Minimum rated bucket capacity 2 cu. yd.

Minimum operating weight 74,900 lbs. Minimum reach 23 ft. 4 in. with 8 ft. level bottom

Crawler Loader

H1 Less than 70.0 drawbar horsepower H2 70.0 to 88.9 drawbar horsepower H3 89.0 to 117.9 drawbar horsepower H4 118.0 to 142.9 drawbar horsepower H5 143.0 to 174.9 drawbar horsepower H6 175.0 to 209.9 drawbar horsepower H7 210.0 to 249.9 drawbar horsepower H8 250.0 to 294.9 drawbar horsepower H9 295.0 and over drawbar horsepower

Crawler Tractor/Dozer

I1 Less than 70.0 drawbar horsepower I2 70.0 to 88.9 drawbar horsepower I3 89.0 to 117.9 drawbar horsepower I4 118.0 to 142.9 drawbar horsepower I5 143.0 to 174.9 drawbar horsepower I6 175.0 to 209.9 drawbar horsepower I7 210.0 to 249.9 drawbar horsepower I8 250.0 to 294.9 drawbar horsepower I9 295.0 and over drawbar horsepower

U Blades for Snow Removal Only If not using an O.E.M. U blade, a straight blade with forward extension on each end would be acceptable. The extensions must be out far enough to allow a minimum of two feet in depth at centre of blade if a string line was placed across the extensions at their farthest point.

Width of Blades must be stated.

Rubber-Tired Front End Loader

J1 Rubber-Tired - 4 Wheel Drive Loader

SAE Net Horsepower 65 - 99 H.P.

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Operating Weight 9,000 lbs. to 14,500 lbs. Bucket Size 1 – 1.5 yd3.


SAE Net Horsepower 75 - 125 H.P. Operating Weight 15,000 lbs. - 20,000 lbs. Bucket Size 1.5 – 2.25 yd3.


SAE Net Horsepower 100 - 150 H.P. Operating Weight 21,000 lbs. to 25,000 lbs. Bucket Size 2.25 - 3 yd3.


SAE Net Horsepower Minimum 135 H.P. Operating Weight 26,000 lbs. - 30,000 lbs. Bucket Size 2.75 yd3 & over.






SAE Net Horsepower Minimum 250 H.P. Operating Weight 45,000 lbs. & over Bucket Size 5 yd3 & over.

Rubber-Tired Skid Steer Loader

All units in J10 to J12 series to have heated cabs. All units must have truck and trailer to move them to be included in hourly price quoted. No road travelling except for short distances.

J10 Rubber-Tired Skid Steer Loader

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Minimum 32 HP.


Minimum 49 HP.


Minimum 56 HP.

Motor Grader

K2 100 to 124 flywheel horsepower K3 125 to 139 flywheel horsepower K4 140 to 159 flywheel horsepower K5 160 to 170 flywheel horsepower K6 180 and over flywheel horsepower.

Truck-Mounted Snow Plow

(G.V.W. rated as stamped on plate on door jam, by vehicle manufacturer).

P1A Single Axle (27,000 lbs. {12 240 kg} G.V.W.) with one-way plow, minimum 8'

(2.4 m) plow-clearing width.

P1B Single Axle (27,000 lbs. {12 240 kg} G.V.W.) with reversible plow, capable of tripping, minimum 8' (2.4 m) plow-clearing width.

P2A Tandem Axle (43,000 lbs. {19 500 kg} minimum G.V.W.) with one-way plow,

minimum 8' (2.4 m) plow-clearing width.

P2B Tandem Axle (43,000 lbs. {19 500 kg} minimum G.V.W.) with reversible plow, capable of tripping, minimum 8' (2.4 m) plow-clearing width.

P3A Four Wheel Drive (20,000 lbs. {9072 kg} minimum G.V.W.) with one-way

plow, minimum 8' (2.4 m) plow-clearing width.

P3B Four Wheel Drive (20,000 lbs. {9072 kg} minimum G.V.W.) with reversible plow, capable of tripping, minimum 8' (2.4 m) plow-clearing width. Truck-Mounted Street Sander (MINIMUM 6 CU.YD/ 4.6 CU.M).

Page 26 of 28 RFQ No. 410-2003

Sander Classes

SINGLE AXLE with NO COMPUTER will be S2 SINGLE AXLE with COMPUTER will be S2C TANDEM AXLE with NO COMPUTER will be S3

TANDEM AXLE with COMPUTER will be S3C Sander license plate number to be used instead of unit number. Truck registration(s) must accompany Quotation. All sanders must bid on a per hour basis for each area. (North, East, South) For slotting purposes the Rate per Hour will be divided by Two. Allowing the truck to have the age clause applied to it, plus the sander will have the age clause applied to it. That rate will then be entered for slotting. Eg: price per hour $30.00 1997 sander $15.00 –($15.00x 20% =$3.00)=$12.00 1997 truck $15.00 -($15.00 x20% =$3.00)=$12.00 $24.00 FAILURE TO SUPPLY registration may cause unit not to be hired. Truck-Mounted Street Sander With Computerized Spreader Controls

NOTE: Preference will be given to computerized sanders. All computerized sanders will be tested for accuracy.

The first test is free if others are required the cost of the

inspection will be paid by the contractor.

a) All hired sanders must be equipped with a Dickey-John, ICS 2000 automatic sand spreader control system with closed loop and internal recording or equivalent.

b) All computers must be accessible, adjustable, able to accept and

maintain the information supplied by the City of Winnipeg for sanding and salting of streets. Should a computer not readily accept the information supplied by the City on it's first attempt, any further costs to adjust the computer will be borne by the Contractor, until a computerized sander is fully operational. It will not be considered to

Page 27 of 28 RFQ No. 410-2003

fall into the S2C and S3C class of computerized sanders. All sanders must first pass an inspection by the City of Winnipeg

Equipment inspector on the accuracy and ability to accept and maintain information supplied by the City before the sander will be slotted as computer controlled.

. Snow Blower

V1A Sidewalk Snow Blowers Mounted on Skid Steer Loaders

Minimum 42" - maximum 60" width. Cutting height approx. 30", minimum 270 degree rotation on discharge chute, minimum 27 hydraulic horsepower, able to cast up to 50', full control of chute and casting while blowing snow.

All controls to be mounted inside cab. All cabs shall be enclosed and heated.

V1B Same as above except chute to be a minimum of 24" high above auger body.

V2 Loader-Mounted Snow Blower

Heavy-duty industrial-type, 8' blower clearing width, minimum 180 HP.

V3 Truck-Mounted Snow Blower

Equivalent to Sicard JR or larger, 8' blower clearing width.

V4A Sidewalk Snow Blower Mounted on Holder Type Tractor or Equipment

Minimum 42" - maximum 60" width. Cutting height approximately 30". Minimum 270 degree rotation on discharge chute, minimum 27 hydraulic horsepower, able to cast up to 50', full control of chute and casting while blowing snow. All controls to be mounted inside cab. All cabs shall be enclosed and heated.

V4B Same as above except chute to be a minimum of 24" high above auger body.

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APPENDIX A